Choudhary v. Ortiz & Ortiz LLP
| New York Eastern District Court | |
| Judge: | Nina R Morrison |
| Referred: | Lois Bloom |
| Case #: | 1:24-cv-08362 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1331 Fed. Question: Breach of Contract |
| Case Filed: | Dec 05, 2024 |
| Last checked: Thursday Dec 05, 2024 2:09 PM EST |
|
Defendant
Ortiz & Ortiz LLP
287 Park Avenue S. Suite 337
New York, NY 10010 |
Represented By
|
|
Plaintiff
Mohammad Choudhary
1602 McDonald Ave
Brooklyn, NY 11230 |
| Docket last updated: 11 hours ago |
| Thursday, December 12, 2024 | ||
|
order
Scheduling Order
Thu 12/12 7:53 PM
ORDER: Defendant Ortiz & Ortiz LLP removed this case from Kings County Supreme Court on December 5, 2024, invoking this Court's jurisdiction under 28 U.S.C. § 1334(b). ECF No.1 . Plaintiff's complaint asserts a single promissory estoppel claim against defendant, the law firm that represented a debtor in a bankruptcy auction in which plaintiff bid on a parcel of land. ECF No.1 -1. It is not clear whether the instant removal is timely. Plaintiff Mohammad Choudhary filed this case on March 18, 2020 and served defendant on April 13, 2020 by delivering the summons and complaint to the New York Secretary of State pursuant to New York Limited Liability Partnership Law § 121-1505. ECF No. 1 -5 at 1, 129. The Court notes that the New York Department of State's website states it mails any process served against defendant to 32-72 Steinway Street, Suite 402, Astoria, NY 11103. Defendant claims that it "became aware of the Lawsuit for the first time" on November 27, 2024 and "received neither actual or constructive notice of the Lawsuit" before that time. ECF No. 1 -4, 2. Defendant states that it vacated its office at 32-72 Steinway Street on or about August 6, 2020. Id. 3. However, this does not explain why defendant did not receive process that was mailed to it shortly after April 13, 2020, months before it vacated its office. See Rowland v. Giftcertificates.com, Inc. , 195 F. Supp. 2d 509, 514 (S.D.N.Y. 2002) ("[I]f a plaintiff complies with the laws regarding service of process, a defendant corporation's violation of a legal obligation that prevented it from receiving service of process may result in a finding that service of process was received at the time plaintiff first attempted service.") Regarding this Court's subject matter jurisdiction, defendant states only that "this lawsuit is 'related to' a case under the Bankruptcy Code" and it "relates to core matters subject to the jurisdiction of the Bankruptcy Court." But see Worldview Ent. Holdings Inc. v. Woodrow , 611 B.R. 10, 17 (S.D.N.Y. 2019) (finding claims against non-debtor defendants not subject to "related to" jurisdiction under 28 U.S.C. § 1334(b)). Accordingly, defendant shall show good cause by January 2, 2025 why this matter should not be remanded to state court. Defendant shall address the timeliness of removal and whether plaintiff's claim is "arising in or related to cases under title 11." 28 U.S.C. § 1334(b). Ordered by Magistrate Judge Lois Bloom on 12/12/2024. (JS) |
||
| Friday, December 06, 2024 | ||
| 5 | 5
misc
Clerks Notice of Rule 73
Fri 12/06 9:54 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] (KD) |
|
| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Fri 12/06 9:54 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
|
|
utility
Case Assigned/Reassigned
Fri 12/06 9:53 AM
Case Assigned to Judge Nina R. Morrison and Magistrate Judge Lois Bloom. 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. (KD) |
||
|
misc
ECF Admission and Registration Notification - Removal
Fri 12/06 9:55 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. (KD) |
||
| Thursday, December 05, 2024 | ||
| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Thu 12/05 4:53 PM
Civil Cover Sheet.. Re2 Proposed Summons/Civil Cover Sheet by Ortiz & Ortiz LLP (Medina, Eric) |
|
| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Thu 12/05 1:41 PM
Civil Cover Sheet.. by Ortiz & Ortiz LLP (Medina, Eric) |
|
| 1 | 1
notice
Notice of Removal
Thu 12/05 1:39 PM
NOTICE OF REMOVAL by Ortiz & Ortiz LLP from Supreme Court of the State of New York Kings County, case number 506831/2020. ( Filing fee $ 405 receipt number ANYEDC-18554310) (Medina, Eric) |
|
|
Att: 1
Exhibit "A" Plaintiff's State Court Lawsuit,
|
||
|
Att: 2
Exhibit to Plaintiff's Lawsuit (Copy of U.S. Bankruptcy Court Order and Procedures),
|
||
|
Att: 3
Exhibit to Plaintiff's Lawsuit (Copy of Bankruptcy Court Transcript of Proceedings Re Auction),
|
||
|
Att: 4
Exhibit "B" (Declaration of Norma Ortiz, Esq. made in Support of Removal),
|
||
|
Att: 5
Exhibit "C" (Copy of Docketed Pleadings in State Court Proceeding Below)
|
||
|
notice
Notice: Re: Incomplete Civil Cover Sheet
Thu 12/05 3:42 PM
Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please continue to answer the question for NY-E Division of Business, resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (CV) |
||