Roberts v. Kirby

1:24-cv-08984 | New York Southern District Court

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Division Foley Square
Judge Judge Jesse M. Furman
Filed Nov. 25, 2024
Terminated Jan. 21, 2025
Case Flags CLOSED and ECF
Nature of Suit 360 Personal Injury - Other
Cause 28:1332 Diversity Action
Jury Demand Defendant
Last Updated: 2 months, 2 weeks ago Show Interactive Timeline
Filing Date # Docket Text
1/21/2025CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 02 1005 298 2 on 1/21/25.(yv) (Entered: 01/21/2025)
1/17/2025
  • Order
MEMORANDUM OPINION AND ORDER. For these reasons, and given Congress's mandate to "construe the removal statute narrowly, resolving any doubts against removability," Lupo, 28 F.3d at 274 (quoting Somlyo v. J. Lu-Rob Enters., Inc., 932 F.2d 1043, 1046 (2d Cir. 1991)), the Court concludes that Kirby's allegations are insufficient to support subject-matter jurisdiction. Accordingly, it is hereby ORDERED that this action is REMANDED to the Supreme Court of New York, New YorkCounty. The Clerk of Court is directed to remand this case and to close the case on this Court's docket. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/17/25) (yv) Transmission to Docket Assistant Clerk for processing. (Entered: 01/17/2025)
1/9/2025AFFIDAVIT OF SERVICE. Service was accepted by Kevin Wallace. Document filed by Olivia Roberts..(Hellman, Jeremy) (Entered: 01/09/2025)
1/6/2025 LETTER addressed to Judge Jesse M. Furman from Rita M. Glavin dated January 6, 2025 re: Defendant's Reply Letter regarding diversity jurisdiction. Document filed by Augustus Kirby..(Glavin, Rita) (Entered: 01/06/2025)
1/2/2025 LETTER addressed to Judge Jesse M. Furman from Rita M. Glavin dated January 2, 2025 re: Plaintiff's Letter dated January 2, 2025. Document filed by Augustus Kirby..(Glavin, Rita) (Entered: 01/02/2025)
1/2/2025 LETTER addressed to Judge Jesse M. Furman from Jeremy A. Hellman dated January 2, 2025 re: Response to Defendant's Letter of December 20, 2024 regarding Diversity Jurisdiction. Document filed by Olivia Roberts. (Attachments: # 1 Exhibit Declaration of Thomas P. Giuffra).(Hellman, Jeremy) (Entered: 01/02/2025)
12/20/2024 LETTER addressed to Judge Jesse M. Furman from Rita M. Glavin dated 12/20/2024 re: Order to Show Cause dated November 27, 2024. Document filed by Augustus Kirby. (Attachments: # 1 Affidavit Affirmation of Rita M. Glavin in Response to Order to Show Cause).(Glavin, Rita) (Entered: 12/20/2024)
12/11/2024
  • Complaintby Π
COMPLAINT against Augustus Kirby. Document filed by Olivia Roberts..(Hellman, Jeremy) (Entered: 12/11/2024)
12/11/2024***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeremy Allan Hellman to RE-FILE Document No. 14 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) (Entered: 12/11/2024)
12/10/2024Set/Reset Deadlines: Show Cause Response due by 12/20/2024. (yv) (Entered: 12/10/2024)
12/10/2024
  • Motion to Extend Time to File ResponseGranted
ORDER granting 15 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. Defendant shall respond to the Order to Show Cause no later than December 20, 2024. Plaintiff may file a response no later than January 2, 2025. The Clerk of Court is directed to terminate ECF No. 15. SO ORDERED. (Responses due by 1/2/2025.) (Signed by Judge Jesse M. Furman on 12/10/24) (yv) (Entered: 12/10/2024)
12/10/2024
  • Motion to Extend Time to File Response
LETTER MOTION for Extension of Time to File Response/Reply as to 6 Order to Show Cause,,, Regarding Removal Jursdiction addressed to Judge Jesse M. Furman from Rita M. Glavin dated 12/10/2024. Document filed by Augustus Kirby. Return Date set for 12/17/2024 at 05:00 PM..(Glavin, Rita) (Entered: 12/10/2024)
12/10/2024 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. Document filed by Jane Doe..(Hellman, Jeremy) Modified on 12/11/2024 (sj). (Entered: 12/10/2024)
12/10/2024NOTICE OF APPEARANCE by Rita Marie Glavin on behalf of Augustus Kirby..(Glavin, Rita) (Entered: 12/10/2024)
12/10/2024
  • Order
MEMO ENDORSED ORDER terminating 11 Motion to Amend/Correct. ENDORSEMENT: The Clerk of Court is directed to unseal (i.e., convert to public view only) ECF No. 10; to update the docket to reflect Plaintiff's name, as reflected in ECF No. 11-2; and to terminate ECF No. 11. Plaintiff shall, no later than December 12, 2024, file ECF No. 11-1 as a standalone document on ECF to ensure that the docket clearly reflects the operative pleading. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/10/24) (yv) (Entered: 12/10/2024)
12/9/2024 MOTION to Amend/Correct 7 Order,,,,, Set Deadlines,,,, Insert Plaintiff's Name. Document filed by Jane Doe. (Attachments: # 1 Exhibit Verified Complaint).(Hellman, Jeremy) (Entered: 12/09/2024)
12/2/2024***SELECTED PARTIES***REDACTION to 7 Order,,,,, Set Deadlines,,,, Declaration re Jane Doe by All Parties Motion or Order to File Under Seal: 7 .(Hellman, Jeremy) (Entered: 12/02/2024)
12/2/2024NOTICE OF APPEARANCE by Jeremy Allan Hellman on behalf of Jane Doe..(Hellman, Jeremy) (Entered: 12/02/2024)
11/28/2024AFFIDAVIT OF SERVICE of ORDERS served on JANE DOE on 11/27/2024. Service was made by EMAIL & MAIL. Document filed by Augustus Kirby..(Kirby, Roger) (Entered: 11/28/2024)
11/27/2024 ORDER TO SHOW CAUSE. In light of the foregoing, it is hereby ORDERED that Defendant show cause in writing by December 11, 2024, why this case should not be remanded to the Supreme Court of New York, New York County. Plaintiff may file a response no later than December 18, 2024. If Defendant fails to show cause or does not file anything by the deadline, the Court will remand the case for lack of subject-matter jurisdiction without further notice to the parties. Finally, Defendant is directed to serve on Plaintiff a copy of this Order, and to file proof of such service on the docket, no later than December 2, 2024. Counsel for Plaintiff is directed to file a notice of appearance on the docket within two business days of such service. SO ORDERED. ( Show Cause Response due by 12/18/2024.) (Signed by Judge Jesse M. Furman on 11/27/24) (yv) (Entered: 11/27/2024)
11/27/2024
  • Order
ORDER, Rule 10(a) of the Federal Rules of Civil Procedure requires that all the parties be named in the title of the complaint. Plaintiff shall file a motion seeking leave to proceed under pseudonym no later than December 9, 2024. Failure to comply with the Court's instruction will result in either an order mandating disclosure of Plaintiff's name or dismissal of the complaint without prejudice to refiling and without further notice to the parties. Moreover, to ensure that the Court has no conflicts that would require recusal, Plaintiff shall promptly file, under seal, a declaration disclosing her identity (and the identity of any other party that is not named in the Complaint) to the Court. To ensure that her name does not appear on the public docket, Plaintiff's counsel should ensure that the declaration is titled "Declaration of Jane Doe." Defendant is directed to serve on Plaintiff a copy of this Order, and to file proof of such service on the docket, no later than December 2, 2024. SO ORDERED. ( Motions due by 12/9/2024.) (Signed by Judge Jesse M. Furman on 11/27/24) (yv) (Entered: 11/27/2024)
11/26/2024Case Designated ECF. (sj) (Entered: 11/26/2024)
11/26/2024Magistrate Judge Jennifer Willis is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) (Entered: 11/26/2024)
11/26/2024CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) (Entered: 11/26/2024)
11/26/2024***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Roger W Kirby. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding); Fee Status code due (due). The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court); the Fee Status code has been modified to pd (paid). (sj) (Entered: 11/26/2024)
11/25/2024NOTICE of FILING IN NY STATE OF REMOVAL. Document filed by Augustus Kirby..(Kirby, Roger) (Entered: 11/25/2024)
11/25/2024 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Augustus Kirby..(Kirby, Roger) (Entered: 11/25/2024)
11/25/2024STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Augustus Kirby..(Kirby, Roger) (Entered: 11/25/2024)
11/25/2024CIVIL COVER SHEET filed..(Kirby, Roger) (Entered: 11/25/2024)
11/25/2024NOTICE OF REMOVAL from SUPREME COURT, County of NEW YORK. Case Number: 158693/2024. (Filing Fee $ 405.00, Receipt Number ANYSDC-30231439).Document filed by Augustus Kirby..(Kirby, Roger) (Entered: 11/25/2024)