Diaz v. Schindler Elevator Corp. (1:24-cv-02831), New York Southern District Court

Diaz v. Schindler Elevator Corp.

New York Southern District Court
Judge:	Analisa Torres
Case #:	1:24-cv-02831
Nature of Suit	360 Torts - Personal Injury - Other Personal Injury
Cause	28:1332nr Diversity: Notice of Removal

Case Filed:	Apr 15, 2024
Terminated:	May 01, 2024
Case in other court:	State Court-Supreme, 803964/24

Docket
Parties (2)

Last checked: Thursday Apr 18, 2024 11:05 PM EDT

Defendant Schindler Elevator Corp. 420 Lexington Avenue new york, NY 10170	Represented By Brian S. Gitnik Litchfield Cavo Llp (nyc) contact info
Plaintiff Beatriz Diaz 1436 Crotona Park East Apt#-58 Bronx, NY 10460	Represented By Thomas P. Markovits Mirman, Markovits & Landau, P.C. contact info

Docket last updated: 8 hours ago

Wednesday, May 01, 2024
		transfer Case Remanded Out - State Court Wed 05/01 4:33 PM CASE 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 Bronx. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 02 1005 044 8 on 5/1/2024..(rro) Related: [-]
Tuesday, April 30, 2024
12		12 1 pgs order Order Wed 05/01 10:14 AM ORDER: For the reasons described in the Court's April 17, 2024 order, ECF No. 10, this matter is REMANDED to the Supreme Court of New York, Bronx County. See ECF No. 11. Any pending motions are moot and all deadlines and conferences are vacated. The Clerk of Court is directed to remand the action and close the case. (Signed by Judge Analisa Torres on 4/30/2024) (rro) Related: [-]
Monday, April 29, 2024
11		11 misc Letter Mon 04/29 8:25 AM FIRST LETTER addressed to Judge Analisa Torres from Brian S. Gitnik dated April 29, 2024 re: Response to Sua Sponte Order to Show Cause. Document filed by Schindler Elevator Corp...(Gitnik, Brian) Related: [-]
Wednesday, April 17, 2024
10		10 2 pgs order Order to Show Cause Thu 04/18 9:52 AM ORDER: Plaintiff, Beatriz Diaz, initiated this elevator-related personal injury action on March 8, 2024, by filing a complaint in Supreme Court, Bronx County. Removal Notice paragraph 4, ECF No. 7; see Compl., ECF No. 7-1. On April 15, 2024, Defendant, Schindler Elevator Corp., removed the action, citing as the basis for removal this Court's diversity jurisdiction pursuant to 28 U.S.C. � 1332(a)(2). Removal Notice paragraph 7. For the following reasons, Defendant is ordered to show cause in writing, on or before May 1, 2024, why this action should not be remanded to Supreme Court, Bronx County. (As further set forth herein.) Accordingly, by May 1, 2024, Defendant shall show cause in writing why this action should not be remanded. SO ORDERED. (Signed by Judge Analisa Torres on 4/17/2024) (va) Related: [-]
9		9 misc Rule 7.1 Corporate Disclosure Statement Wed 04/17 4:40 PM SECOND RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Schindler Enterprises, Inc., Corporate Parent Schindler Holding, Ltd. for Schindler Elevator Corp.. Document filed by Schindler Elevator Corp...(Gitnik, Brian) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Wed 04/17 8:44 AM ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brian S. Gitnik. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:1396 - Tort Negligence; Origin code 1 (Original Proceeding); Citizenship Defendant code 2 (Citizen of Another State); County code Bronx. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332nr Diversity: Notice of Removal; the Origin code has been modified to 2 Related [+]; the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to New York. (vf) Related: [-] moval from State Court
		notice Case Opening Initial Assignment Notice Wed 04/17 8:46 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vf) Related: [-]
		utility Case Designation Wed 04/17 8:46 AM Magistrate Judge Victoria Reznik 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vf) Related: [-]
		utility Case Designated ECF Wed 04/17 8:46 AM Case Designated ECF. (vf) Related: [-]
		notice Notice of Case Assignment/Reassignment Wed 04/17 12:42 PM NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Cathy Seibel is no longer assigned to the case. (tro) Related: [-]
		notice Notice of Redesignation to Magistrate Judge Wed 04/17 12:43 PM NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Barbara C. Moses to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (tro) Related: [-]
Tuesday, April 16, 2024
8		8 CIVIL COVER SHEET filed..(Gitnik, Brian) Related: [-]
7		7 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 803964/24..Document filed by Schindler Elevator Corp...(Gitnik, Brian) Related: [-]
		Att: 1 Exhibit Summons and Complaint,
		Att: 2 Exhibit Affidavit of Service,
		Att: 3 Exhibit Demand Pursuant to CPLR 3017(c)
		***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Brian S. Gitnik to RE-FILE Document No. 4 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (vf) Related: [-]
		***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brian S. Gitnik to RE-FILE Document No. 1 Notice of Removal,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; The Filing Court title on PDF reflects for "Eastern District of New York". Re-file the pleading using the event type Notice of Removal 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 4/22/2024. (vf) Related: [-]
		***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Brian S. Gitnik to RE-FILE Document No. 2 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added; the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here NYSD form page (lb) Related: [-]
Monday, April 15, 2024
6		6 DEMAND for Trial by Jury. Document filed by Beatriz Diaz.(Markovits, Thomas) Related: [-]
5		5 NOTICE OF APPEARANCE by Thomas P. Markovits on behalf of Beatriz Diaz..(Markovits, Thomas) Related: [-]
4		4 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Gitnik, Brian) Modified on 4/16/2024 (vf). Related: [-]
3		3 DEMAND for Trial by Jury. Document filed by Schindler Elevator Corp..(Gitnik, Brian) Related: [-]
2		2 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Schindler Elevator Corp...(Gitnik, Brian) Modified on 4/16/2024 (lb). Related: [-]
1		1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 803964/24. (Filing Fee $ 405.00, Receipt Number ANYSDC-29218500).Document filed by Schindler Elevator Corp...(Gitnik, Brian) Modified on 4/16/2024 (vf). Related: [-]
		Att: 1 Exhibit Summons and Complaint,
		Att: 2 Exhibit Affidavit of Service,
		Att: 3 Exhibit Demand Pursuant to CPLR 3017(c)

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