Joseph v. April et al
| New York Eastern District Court | |
| Judge: | Nina Gershon |
| Referred: | James R Cho |
| Case #: | 1:24-cv-07876 |
| Nature of Suit | 355 Torts - Personal Injury - Motor Vehicle Product Liability |
| Cause | 28:1446 Petition for Removal |
| Case Filed: | Nov 12, 2024 |
| Last checked: Wednesday Nov 13, 2024 12:24 AM EST |
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Defendant
Quacy R. April
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Represented By
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Defendant
Biotrans LLC
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Represented By
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Plaintiff
Denver Joseph
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| Docket last updated: 11/15/2024 11:59 PM EST |
| Friday, November 15, 2024 | ||
| 6 | 6
notice
Notice of Appearance
Fri 11/15 10:38 AM
NOTICE of Appearance by Aran James O'Gara on behalf of Denver Joseph (aty to be noticed) (O'Gara, Aran) |
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| Thursday, November 14, 2024 | ||
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order
Order to Show Cause
Thu 11/14 10:18 AM
ORDER TO SHOW CAUSE re1 Notice of Removal, filed by Biotrans LLC, Quacy R. April. On November 12, 2024, defendants removed this case from New York State Supreme Court, Kings County to this Court based on diversity jurisdiction. See Notice of Removal, Dkt. 1. However, the removing defendants have not identified the members of defendant BIOTRANS LLC, and affirmatively alleged the citizenship of those members. See Dkt. 1. The citizenship of a limited liability company for diversity purposes is the citizenship of each of its members. See Bayerische Landesbank v. Aladdin Cap. Mgmt. LLC , 692 F.3d 42, 49 (2d Cir. 2012). The identity and citizenship of each member must be specifically alleged. See United States Liab. Ins. Co. v. M Remodeling Corp. , 444 F. Supp. 3d 408, 410 (E.D.N.Y. 2020); see also S.D.N.Y./E.D.N.Y. Local Civil Rule 81.1 . Accordingly, by November 25, 2024, the removing defendants must show good cause, in writing, why this action should not be remanded to the Supreme Court, Kings County. Ordered by Magistrate Judge James R. Cho on 11/14/2024. (JDP) |
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| Wednesday, November 13, 2024 | ||
| 5 | 5
misc
Quality Control Check - Attorney Case Opening
Wed 11/13 11:01 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
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| 4 | 4
misc
Clerks Notice of Rule 73
Wed 11/13 11:01 PM
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] (SDM) |
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utility
Case Assigned/Reassigned
Wed 11/13 10:59 PM
Case Assigned to Judge Nina Gershon and Magistrate Judge James R. Cho. 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. (SDM) |
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misc
ECF Admission and Registration Notification - Removal
Wed 11/13 11:00 PM
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. (SDM) |
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| Tuesday, November 12, 2024 | ||
| 3 | 3
misc
Corporate Disclosure Statement
Tue 11/12 9:02 PM
Corporate Disclosure Statement by Biotrans LLC (Oxman, Jennifer) |
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| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Tue 11/12 8:58 PM
Civil Cover Sheet.. Re1 Notice of Removal, by Quacy R. April, Biotrans LLC (Oxman, Jennifer) |
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| 1 | 1
notice
Notice of Removal
Tue 11/12 8:53 PM
NOTICE OF REMOVAL by Quacy R. April, Biotrans LLC from Supreme Court Kings County, case number 518261/2023. ( Filing fee $ 405 receipt number ANYEDC-18487047) (Oxman, Jennifer) |
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Att: 1
Exhibit A - Summons & Complaint,
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Att: 2
Exhibit B - Defendants' Answer,
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Att: 3
Exhibit C - Demand for BOP & Demand for Ad Damnum,
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Att: 4
Exhibit D - Defendants' Response to Combined Demands w-Damages,
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Att: 5
Exhibit E - Court Orders
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