Paychex, Inc. v. Salazar
| Paychex, Inc. |
| Nydia Jean Salazar |
| 6:2021cv06540 |
| August 19, 2021 |
| US District Court for the Western District of New York |
| David G Larimer |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on October 18, 2021. A more recent docket listing may be available from PACER.
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Filing 16
MOTION to Seal by Paychex, Inc.. (Attachments: #1 Proposed Order)(Jones, Stephen)
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Filing 15
Minute Entry for proceedings held before Hon. David G. Larimer: Motion Hearing held on 9/30/2021 re #6 MOTION to Remand filed by Paychex, Inc. The Court grants plaintiff's motion and will remand the case back to state court. The Court directs the Clerk of Court to prepare a certified copy of the remand order and notify the Clerk of Monroe County Supreme Court. The Court will award attorney's fees and reasonable expenses. Plaintiff must submit an affirmation requesting such fees and expenses by 10/7/21. Defendant's response must be filed by 10/28/21. The Court will prepare and file an Order. Steven Jones, Esq., Eric Ferrante, Esq.; Leonard Weintraub, Esq. (Court Reporter Diane Martens.) (PR)
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Filing 14
REMAND ORDER granting #6 Motion to Remand. Consistent with the findings made by this Court, on the record in open court, on September 30, 2021, this case which defendant had previously removed from Monroe Supreme Court is hereby Ordered REMANDED to the Monroe Supreme Court, pursuant to 28 U.S.C. 1447(c).The Clerk of the Court is directed to prepare a certified copy of this Order of Remand and mail it to the Clerk of the Monroe County Supreme Court.This Court also granted plaintiff's motion for expenses and reasonable attorneys fees. Plaintiff's counsel was directed to submit an affidavit concerning the attorney fee request within one (1) week and defendant is given three (3) weeks within which to respond. The Clerk of the Court is directed to close this case. Signed by Hon. David G. Larimer on 9/30/2021. (KAH)-CLERK TO FOLLOW UP-
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Clerk sent a certified copy of #14 Order to New York State Supreme Court, County of Monroe. (CGJ)
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Set/Reset Deadlines as to #6 MOTION to Remand. Motion Hearing reset for 9/30/2021 02:00 PM before Hon. David G. Larimer. (PR)
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Filing 13
REPLY/RESPONSE to re #6 MOTION to Remand filed by Paychex, Inc.. (Jones, Stephen)
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Filing 12
MEMORANDUM in Opposition re #6 MOTION to Remand filed by Nydia Jean Salazar. (Weintraub, Leonard)
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Filing 11
Corporate Disclosure Statement by Paychex, Inc.. (Jones, Stephen)
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM)
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Filing 10
DECISION AND ORDER The Court sets the following schedule for briefing and argument on plaintiff's motion to remand #6 : Defendant's opposition due by 9/13/2021; Plaintiff's reply papers, if any, due by 9/20/2021; Oral Argument to be held before the Hon. David G. Larimer on 9/28/2021 at 2:30 p.m.The Court anticipates in-person argument, however, because the COVID pandemic situation continues to evolve, it may be appropriate to conduct argument in a virtual fashion. Counsel should confer and contact the Court's Courtroom Deputy, Paula Rand, (585) 613-4044, to make final arrangements. Plaintiff's motion for a more expedited scheduled #5 is DENIED.Justice J. Scott Odorisi, Justice of the Monroe Supreme Court, issued a detailed Temporary Restraining Order on August 13, 2021. It would seem prudent for the parties to comply with that Order pending proceedings here in Federal Court, especially since the matter may be remanded to State Court.I urge the parties to work to establish some continuation of the letter and spirit of Justice Odorisi's Order. Defendant has opposed an expedited schedule but, according to plaintiff's papers, has refused to extend Justice Odorisi's Order, which is somewhat curious. Signed by Hon. David G. Larimer on 9/3/2021. (KAH)
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Set/Reset Deadlines as to #6 MOTION to Remand. Responses due by 9/13/2021. Replies due by 9/20/2021. Oral Argument set for 9/28/2021 02:30 PM before Hon. David G. Larimer. (KAH)
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Filing 9
ANSWER to Complaint by Nydia Jean Salazar.(Weintraub, Leonard)
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Filing 8
RESPONSE in Support re #5 MOTION to Expedite filed by Paychex, Inc.. (Jones, Stephen)
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Filing 7
RESPONSE in Opposition re #5 MOTION to Expedite filed by Nydia Jean Salazar. (Weintraub, Leonard)
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Filing 6
MOTION to Remand by Paychex, Inc.. (Attachments: #1 Declaration in Support of Motion to Remand, #2 Exhibit A to Jones Declaration, #3 Exhibit B to Jones Declaration, #4 Exhibit C to Jones Declaration, #5 Memorandum in Support of Motion to Remand)(Jones, Stephen)
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Filing 5
MOTION to Expedite by Paychex, Inc.. (Attachments: #1 Exhibit A to Motion for Expedited Hearing)(Jones, Stephen)
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Filing 4
AFFIDAVIT of Service for Defendant's Notice of Removal, dated August 19, 2021 [Dkt. 1]; Declaration of Leonard Weintraub, dated August 19, 2021, and exhibits A-L thereto [Dkt. 1-1 - 1-13]; Civil Cover Sheet, dated August 19, 2021 [Dkt. 2]; and Defendant's Index Identifying State Court Documents Pursuant to Local Rule 81(A), and exhibits A-N thereto [Dkt. 3 - 3-14] served on Stephen J. Jones, Esq., Todd R. Shinaman, Esq., and Eric M. Ferrante, Esq., Nixon Peabody LLP (Counsel for Plaintiff Paychex, Inc.) on August 19, 2021 (electronic mail service) and August 20, 2021 (first-class mail service), filed by Nydia Jean Salazar. (Weintraub, Leonard)
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Case Assigned to Hon. David G. Larimer. Notification to Chambers of on-line civil case opening. (TMK)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK)
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Filing 3
CONTINUATION OF EXHIBITS by Nydia Jean Salazar. to #1 Notice of Removal,, Index Identifying State Court Documents Pursuant to Local Rule 81(A) filed by Nydia Jean Salazar. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Weintraub, Leonard)
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Filing 2
CONTINUATION OF EXHIBITS by Nydia Jean Salazar. to #1 Notice of Removal,, filed by Nydia Jean Salazar. (Weintraub, Leonard)
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Filing 1
NOTICE OF REMOVAL by Nydia Jean Salazar from New York State Supreme Court, County of Monroe, case number E2021007444. (Filing fee $ 402 receipt number 0209-4336697), filed by Nydia Jean Salazar. (Attachments: #1 Declaration Declaration of Leonard Weintraub, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(Weintraub, Leonard)
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E-Filing Notification: re #1 NOTICE OF REMOVAL - Attorney is directed to file a civil cover sheet, pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (TMK)
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E-Filing Notification: re #1 NOTICE OF REMOVAL - Action Required: Attorney is directed to file an index identifying State Court documents pursuant to local rule 81(A). (TMK)
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| Plaintiff: Paychex, Inc. | |
| Represented By: | Eric M Ferrante |
| Represented By: | Stephen J. Jones |
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| Defendant: Nydia Jean Salazar | |
| Represented By: | Leonard Weintraub |
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