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Fishman McIntyre
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Misc | Filed: May 15, 2024 | Entered: May 15, 2024 Arensberg v. Whole Foods Market Group, Inc.
P.I.: Other | New York Southern
Letter
LETTER addressed to Judge Lorna G. Schofield from Mitchell B. Levine, Esq. dated May 15, 2024 re: Parties Joint Letter. Document filed by Whole Foods Market Group, Inc.. (Attachments: # 1 Exhibit Scheduling Order (Proposed)).(Levine, Mitchell)
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Order | Filed: May 15, 2024 Kuykendall v. Bankrs Healthcare Group LLC et al.
Consumer Credit | New York Southern
Order
ORDER: This case was removed to federal court by TD Bank USA on May 14, 2024, with the notice of removal filed on the same date. By May 20, 2024, TD Bank should submit a letter explaining why removal on May 14th complies with 28 U.S.C. § 144 6(b), which requires notice of removal to be filed "within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within 30 days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter." Also, the asserted basis for jurisd iction in this Court is thin. There is no plausible assertion of complete diversity at this time, given that TD Bank doesn't know Bankers' citizenship. As for federal-question jurisdiction, plaintiff alleges state-law claims of breach of contract and negligence based on "allowing forged initials/signature to approve a loan." The basis for preemption of that claim is not apparent. TD Bank focuses on one of the forms of relief sought by plaintiff. In addition to "mon etary damage awarded of $560,000," plaintiff asks for a "new credit score change/reset." TD Bank's letter should also cite to Second Circuit authorities holding that federal question jurisdiction obtains where one form of relief requested on a claim that would otherwise be outside this Court's jurisdiction changes the entire character of the case to a federal one for jurisdictional purposes. TD Bank should also attach to its letter a certification indicati ng that counsel has reviewed and understands the requirements of Fed. R. Civ. P. 11, and that the notice of removal and letter have been filed consistently with Rule 11. If TD Bank cannot make these showings or would prefer to proceed in state court, it can simply inform the Court of its intent to withdraw its notice of removal at this juncture. TD Bank should serve this order on Plaintiff and the Co-Defendant. SO ORDERED. (Signed by Judge Arun Subramanian on 5/15/2024) (vfr)
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Utility | Filed: May 15, 2024 | Entered: May 15, 2024 Kuykendall v. Bankrs Healthcare Group LLC / TD Bank USA, N.A.
Consumer Credit | New York Southern
Case Designation
Magistrate Judge Stewart D. Aaron 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. (pc)
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