PESANO v. UBER TECHNOLOGIES,INC. et al
| PHILLIP PESANO |
| UBER TECHNOLOGIES,INC. and ANDREW FARKOSH |
| 2:2021cv01580 |
| November 3, 2021 |
| US District Court for the Western District of Pennsylvania |
| Robert J Colville |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Both |
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Filing 11
ORDER granting #6 Plaintiff's Motion to Remand from the United States DistrictCourt of the Western District of Pennsylvania to the Court of Common Pleas of Allegheny County Pennsylvania at G.D. 21-013488, as there is no diversity jurisdiction. This case is being remanded pursuant to 28 U.S.C.A. 1447, forthwith. Signed by Judge Robert J. Colville on 11/30/21. (jg)
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| Filing 10 RESPONSE to Motion re #6 MOTION to Remand to State Court without opposition filed by UBER TECHNOLOGIES,INC.. (Attachments: #1 Certificate of Service) (Vahey, Caroline) |
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Filing 9
ORDER indicating that the Motion to Dismiss #7 filed by Defendant Uber Technologies, Inc. is hereby dismissed without prejudice to be refiled, if appropriate, following this Court's resolution of Plaintiffs Motion to Remand #6 , which asserts that this Court lacks subject matter jurisdiction in this matter because there is not complete diversity between Plaintiff and Defendant Andrew Farkosh. It is hereby further ordered that Defendant Uber Technologies, Inc. is hereby directed to show cause, by no later than 12/2/21, as to why this matter should not be remanded to the Court of Common Pleas of Allegheny County, given that the basis for removal was an assertion of diversity jurisdiction pursuant to 28 U.S.C.A. 1332(a), and given that Defendant Uber Technologies Inc. acknowledges that, "[a]s Averred in the Complaint, defendant Andrew Farkosh, is a citizen of the Commonwealth of Pennsylvania and resides at 123 Shara Drive, West Mifflin, Pennsylvania 15122][,]" Notice of Removal 6, ECF No. 1. Defendant Uber Technologies, Inc. is directed to address the holdings of, and authorities cited in: Reyes v. Sheika, No. CV-19-20388(ES)(MAH), 2020 WL 2735710 (D.N.J. May 7, 2020), report and recommendation adopted, No. CV-19-20388(ES)(MAH), 2020 WL 2732069 (D.N.J. May 26, 2020); Janaski v. Dettore, No. CIV.A. 15-00572, 2015 WL 1573670 (E.D. Pa. Apr. 9, 2015); Dillard v. TD BANK, No. 1:20-CV-07886-NLH-JS, 2021 WL 1085461, at *3 (D.N.J. Mar. 22, 2021) (explaining: "As courts in this Circuit have repeatedly recognized, the citizenship of all named defendants must be considered in determining whether diversity jurisdiction has been established, regardless of whether they have yet been served."); and Hampton v. Speedway, LLC, No. CV 20-6279, 2021 WL 1339953, at *1 (E.D. Pa. Apr. 9, 2021) ("[S]ervice is irrelevant to the determination of diversity jurisdiction."), each of which held that remand of a case was appropriate on the basis of a lack of complete diversity even where the non-diverse defendant had not been served at the time of the filing of the complaint or the time of removal. Signed by Judge Robert J. Colville on 11/24/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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| Filing 8 BRIEF in Support re #7 Motion to Dismiss filed by UBER TECHNOLOGIES,INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Vahey, Caroline) |
| Filing 7 MOTION to Dismiss by UBER TECHNOLOGIES,INC.. (Attachments: #1 Proposed Order, #2 Certificate of Service, #3 Exhibit Cert of Conferral) (Vahey, Caroline) |
| Filing 6 MOTION to Remand to State Court by PHILLIP PESANO. (Attachments: #1 Exhibit, #2 Proposed Order) (Nolan, Kenneth) |
| Filing 5 Disclosure Statement identifying None as corporate parent or other affiliate, by UBER TECHNOLOGIES,INC.. (Donovan, John) |
| Filing 4 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (jg) |
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Filing 3
ORDER RE: Rule 12(b) Motions (details more fully stated in said Order). Signed by Judge Robert J. Colville on 11/5/21. (jg)
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| Filing 2 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jg) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 11/12/2021. (cel) |
| Filing 1 NOTICE OF REMOVAL from Allegheny County, case number GD-21-013488 with Jury Demand (Filing fee, including Administrative fee, $402, receipt number APAWDC-6788158), filed by UBER TECHNOLOGIES,INC. (Attachments: #1 Exhibit, #2 Civil Cover Sheet) (cel) |
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