Tejada v. Cuenca Coronel Trucking Inc. et al
| New York Eastern District Court | |
| Judge: | Eric R Komitee |
| Referred: | Cheryl L Pollak |
| Case #: | 1:25-cv-00775 |
| Nature of Suit | 350 Torts - Personal Injury - Motor Vehicle |
| Cause | 28:1332 Diversity-Petition for Removal |
| Case Filed: | Feb 11, 2025 |
| Last checked: Tuesday Feb 11, 2025 1:04 PM EST |
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Defendant
Cuenca Coronel Trucking Inc.
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Defendant
Milton A. Milian-Hernandez
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Plaintiff
Katherine Tejada
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| Docket last updated: 02/20/2025 11:59 PM EST |
| Thursday, February 20, 2025 | ||
| 4 | 4
motion
Show Cause
Thu 02/20 12:29 PM
Letter MOTION for Order to Show Cause in accordance with Your Honor's February 14th, 2025 Order by Cuenca Coronel Trucking Inc., Milton A. Milian-Hernandez. (Olsen, Michael) |
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Att: 1
Exhibit H-HIPAA Authorizations,
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Att: 2
Exhibit I-NYC Real Property Transfer Tax,
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Att: 3
Exhibit J-Claimants Accident Report
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| Friday, February 14, 2025 | ||
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order
Order to Show Cause
Fri 02/14 4:30 PM
ORDER TO SHOW CAUSE: In the Notice of Removal, defendants invoke this Court's diversity jurisdiction. ECF No.1 para. 4. However, defendants allege only that plaintiff is a New York "resident." ECF No.1 paras. 5, 11. This is insufficient. See Franceskin v. Credit Suisse, 214 F.3d 253, 255-56 (2d Cir. 2000) (jurisdiction not established where plaintiff alleged diversity of residence rather than citizenship). Therefore, defendants are ordered to show cause, on or before February 20, why this case should not be remanded for lack of subject matter jurisdiction. Plaintiff may respond by February 25. Neither letter should exceed three pages. Ordered by Judge Eric R. Komitee on 2/14/2025. (CFB) |
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| Tuesday, February 11, 2025 | ||
| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Tue 02/11 3:29 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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| 2 | 2
misc
Clerks Notice of Rule 73
Tue 02/11 3:28 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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| 1 | 1
notice
Notice of Removal
Tue 02/11 1:18 PM
NOTICE OF REMOVAL by Cuenca Coronel Trucking Inc., Milton A. Milian-Hernandez from Kings County Supreme Court, case number 527461/2024. ( Filing fee $ 405 receipt number ANYEDC-18754436) (Olsen, Michael) |
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Att: 1
Exhibit A-Summons and Complaint with Affidavits of Service,
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Att: 2
Exhibit B-Answer,
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Att: 3
Exhibit C-Request for PC and RJI,
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Att: 4
Exhibit D-Certificate of Incorporation,
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Att: 5
Exhibit E-Drivers License,
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Att: 6
Exhibit F-Email,
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Att: 7
Exhibit G-Bill of Particulars,
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Att: 8
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Tue 02/11 3:23 PM
Case Assigned to Judge Eric R. Komitee and Magistrate Judge Cheryl L. Pollak. 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
Tue 02/11 3:27 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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