Barrera v. Bethel et al
| CLARA BARRERA, as the Administrator of the Estate of JAVIER HERNANDEZ, deceased and Clara Barrera |
| Shawn M. Bethel, Vincent S. Bethel, Devin Leon Jackson and Jackson Transport Systems, LLC |
| 7:2023cv08631 |
| October 2, 2023 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Motor Vehicle |
| 28 U.S.C. § 1441 nr Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on November 28, 2023. A more recent docket listing may be available from PACER.
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CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of Orange. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1z e22 e53 37 1007 788 2 on 12/1/2023. (jca)
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Filing 16
OPINION & ORDER re: #6 MOTION to Remand to State Court New York, Orange County. filed by Clara Barrera, Clara Barrera. Accordingly, Plaintiffs request for attorney's fees and costs is denied. Based upon the foregoing, the Court concludes that Defendants failed to satisfy theirburden of establishing that the amount in controversy exceeds $75,000. Removal is thereforeimproper. Accordingly, Plaintiffs motion is GRANTED and this action is REMANDED to theSupreme Court of the State of New York, County of Orange. Plaintiffs motion for attorney's feesand costs is DENIED.The Clerk of the Court is respectfully directed to send a copy of this Order to the SupremeCourt of the State of New York, County of Orange, and to close this action. All pending mattersare hereby terminated, and the initial conference scheduled for January 9, 2024 is cancelled. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/28/2023) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing 15
REPLY MEMORANDUM OF LAW in Support re: #6 MOTION to Remand to State Court New York, Orange County. . Document filed by Clara Barrera, Clara Barrera. (Attachments: #1 Exhibit Exhibit I - Police Report, #2 Exhibit Exhibit J - DMV Records, #3 Exhibit Exhibit K - Civil Cover Sheet).(Soldano, Richard)
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Filing 14
NOTICE OF APPEARANCE by Scott H. Goldstein on behalf of Shawn M. Bethel, Vincent S. Bethel..(Goldstein, Scott)
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Filing 13
NOTICE OF APPEARANCE by Alan L. Korzen on behalf of Shawn M. Bethel, Vincent S. Bethel..(Korzen, Alan)
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Filing 12
ANSWER to Complaint. Document filed by Devin Leon Jackson, Jackson Transport Systems, LLC..(Segal, Jeffrey)
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Filing 11
FIRST AMENDED NOTICE OF REMOVAL against Jackson Transport Systems, LLC, Devin Leon Jackson; amending #8 Notice of Removal,.Document filed by Jackson Transport Systems, LLC, Devin Leon Jackson. Related document: #8 Notice of Removal,. (Attachments: #1 Exhibit Filed Notice of Removal, #2 Exhibit Email with Stipulation).(Segal, Jeffrey)
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Filing 10
MEMORANDUM OF LAW in Opposition re: #6 MOTION to Remand to State Court New York, Orange County. . Document filed by Devin Leon Jackson, Jackson Transport Systems, LLC. (Attachments: #1 Exhibit A-F).(Segal, Jeffrey)
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Filing 9
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jackson Transport Systems, LLC..(Segal, Jeffrey)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeffrey Adam Segal re: Document No. #8 Notice of Removal. The filing is deficient for the following reason(s): Court's leave has not been granted.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeffrey Adam Segal to RE-FILE Document No. #7 Answer to Complaint,, Crossclaim,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF must be titled to correspond with all of the event types used; the PDF must contain a Crossclaim caption. Re-file the pleading using the event type Answer to Complaint, Crossclaim found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
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Filing 8
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF REMOVAL (Filing Fee $ 402.00, Receipt Number ANYSDC-28513784).Document filed by Devin Leon Jackson. (Attachments: #1 Exhibit A).(Segal, Jeffrey) Modified on 11/3/2023 (jgo).
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Filing 7
FILING ERROR DEFICIENT PLEADING - PDF ERROR - ANSWER to Complaint., CROSSCLAIM against Shawn M. Bethel, Vincent S. Bethel. Document filed by Jackson Transport Systems, LLC, Devin Leon Jackson..(Segal, Jeffrey) Modified on 11/3/2023 (jgo).
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Filing 6
MOTION to Remand to State Court New York, Orange County. Document filed by Clara Barrera, Clara Barrera. (Attachments: #1 Affidavit Memorandum of Law, #2 Exhibit Ex. A - Summons and Complaint, #3 Exhibit Ex. B - AOS Vincent S. Bethel, #4 Exhibit Ex. C - AOS Bethel Answers, #5 Exhibit Ex. D - AOS Shawn M. Bethel, #6 Exhibit Ex. E - AOS Devin Leon Jackson, #7 Exhibit Ex. F - AOS Devin Leon Jackson, #8 Exhibit Ex. G - Notice of Removal, #9 Exhibit Ex. H - Notice of Filing of Notice of Removal, #10 Affidavit Certificate of Service).(Soldano, Richard)
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Filing 5
NOTICE OF INITIAL CONFERENCE: At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. (And as further set forth herein.) Initial Conference set for 1/9/2024 at 09:30 AM before Judge Philip M. Halpern. (jca)
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Filing 4
NOTICE OF APPEARANCE by Richard Soldano on behalf of Clara Barrera, Clara Barrera..(Soldano, Richard)
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Filing 3
NOTICE OF APPEARANCE by Richard Soldano on behalf of Clara Barrera, Clara Barrera..(Soldano, Richard)
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Magistrate Judge Victoria Reznik is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
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Case Designated ECF. (pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey Adam Segal. The following case opening statistical information was erroneously selected/entered: County code Kings; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeffrey Adam Segal. The party information for the following party/parties has been modified: CLARA BARRERA, as the Administrator of the Estate of JAVIER HERNANDEZ, deceased. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (pc)
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Filing 2
CIVIL COVER SHEET filed..(Segal, Jeffrey)
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Filing 1
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Kings. Case Number: EF004378-2023..Document filed by Devin Leon Jackson. (Attachments: #1 Affidavit of Service, #2 Exhibit A- Complaint, #3 Exhibit B - Proof of service, #4 Exhibit C- Consent order to file).(Segal, Jeffrey)
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