Johnson v. City of New York et al
| New York Eastern District Court | |
| Judge: | Orelia E Merchant |
| Referred: | Sanket J Bulsara |
| Case #: | 1:24-cv-07408 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | Oct 23, 2024 |
| Case in other court: | Supreme Court of the State of New York, 716486/2024 |
| Last checked: Wednesday Oct 23, 2024 6:09 PM EDT |
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Defendant
ABC Corp.
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Defendant
City of New York
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Defendant
Police Officers John and Jane Doe 1-12
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Defendant
Target Corporation
MOLOD, SPTIZ & DeSANTIS, P.C.
1430 BROADWAY, 21ST FL, NY 10018 |
Represented By
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Plaintiff
Timothy Johnson
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| Docket last updated: 3 hours ago |
| Monday, November 04, 2024 | ||
| 5 | 5
misc
Corporate Disclosure Statement
Mon 11/04 9:55 AM
Corporate Disclosure Statement by Target Corporation (Spitz, Alice) |
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| Tuesday, October 29, 2024 | ||
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order
Order to Show Cause
Tue 10/29 5:26 PM
ORDER TO SHOW CAUSE: Defendant Target Corporation is ordered to show cause by 11/12/2024 why this case should not be remanded to state court. Defendant has not satisfied the rule of unanimity in their removal petition. Removal is proper only if "all defendants who have been properly joined and served... join in or consent to the removal of the action." 28 U.S.C. § 1446(b)(2)(A); see also 14C Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 3730 ("[C]ourts require written consent by all of the defendants, either in the notice of removal or in other papers filed with the district court."). "[E]very district court in this Circuit to consider the issue has held that the statute requires 'submission by each defendant of written consent unambiguously agreeing to removal.'" Alleyne v. Wells Fargo Bank, N.A., et al. , No. 21-CV-9598, 2022 WL 1110489, at *1 (S.D.N.Y. Apr. 12, 2022) (quoting Amparo v. City of Yonkers , No. 21-CV-02672, 2021 WL 2313468, at *1 (S.D.N.Y. May 10, 2021)); see also Pietrangelo v. Alvas Corp. , 686 F.3d 62, 66 (2d Cir. 2012) ("[T]he remaining defendants must independently express their consent to removal."). The notice of removal does not contain the signature of the other named Defendant, City of New York, or an affirmation or other indication of its consent to removal. (See Notice of Removal, Dkt. No.1 ). Defendant City of New York was properly served (Notice of Removal1 , Ex. A), and its apparent failure to consent is a basis for remand. E.g., Nasir v. HD Supply Facilities Maint., LTD. , No. 19-CV-416, 2021 WL 5356746, at *2 (E.D.N.Y. Nov. 17, 2021) ("The failure to comply with the unanimity requirement is fatal to the removal of this action and remand is required."); Margaritis v. Mayo , No. 20-CV-3995, 2021 WL 3472695, at *6 (E.D.N.Y. Aug. 6, 2021) ("The 'rule of unanimity' in obtaining consents from fellow defendants is strictly interpreted and enforced. If it is not satisfied, then the petition is defective and the case must be remanded.") (quotations omitted). By 11/12/2024 , Defendant must show cause why this action should not be remanded. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/29/2024. (YEP) |
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| Monday, October 28, 2024 | ||
| 4 | 4
respoth
Answer to Complaint (Notice of Removal)
Mon 10/28 9:53 AM
VERIFIED ANSWER to Complaint (Notice of Removal) by Target Corporation. (Spitz, Alice) |
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| Thursday, October 24, 2024 | ||
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misc
Quality Control Check - Attorney Case Opening
Thu 10/24 10:54 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
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misc
Clerks Notice of Rule 73
Thu 10/24 10:54 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CV) |
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utility
Case Assigned/Reassigned
Thu 10/24 10:52 AM
Case Assigned to Judge Orelia E. Merchant and Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CV) |
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misc
ECF Admission and Registration Notification - Removal
Thu 10/24 10:54 AM
This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (CV) |
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| Wednesday, October 23, 2024 | ||
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notice
Notice of Removal
Wed 10/23 5:31 PM
NOTICE OF REMOVAL by Target Corporation from Supreme Court of the State of New York, County of Queens, case number 716486/2024. ( Filing fee $ 405 receipt number ANYEDC-18421188) (Spitz, Alice) |
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Att: 1
Civil Cover Sheet
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