Collado v. Cohen et al
| New York Eastern District Court | |
| Judge: | Natasha C Merle |
| Referred: | James R Cho |
| Case #: | 1:25-cv-02273 |
| Nature of Suit | 350 Torts - Personal Injury - Motor Vehicle |
| Cause | 28:1332 Diversity-Auto Negligence |
| Case Filed: | Apr 24, 2025 |
| Last checked: Thursday Apr 24, 2025 3:06 PM EDT |
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Defendant
Noah Cohen
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Represented By
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Defendant
Ofer Cohen
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Represented By
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Plaintiff
Evelyn Collado
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| Docket last updated: 37 minutes ago |
| Monday, April 28, 2025 | ||
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order
Order to Show Cause
Mon 04/28 12:33 PM
ORDER TO SHOW CAUSE -- Defendants are ORDERED TO SHOW CAUSE by May 5, 2025 why this case should not be remanded to state court for lack of federal subject matter jurisdiction as defendants' citizenship is not properly alleged. "An individual's citizenship, within the meaning of the diversity statute, is determined by his domicile, in other words[,] the place where a person has his true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning." Van Buskirk v. United Grp. of Cos., Inc. , 935 F.3d 49, 53 (2d Cir. 2019). It is well established that "residence alone is insufficient to establish domicile for jurisdictional purposes." Id. ; accord RainMakers Partners LLC v. NewSpring Cap., LLC , No. 23-cv-899, 2024 WL 1846321, at *2 n.1 (2d Cir. Apr. 29, 2024) ("[A] complaint that alleges that the plaintiff and defendant are merely residents of different states has failed adequately to allege the existence of diversity jurisdiction."). Accordingly, the allegations that "[d]efendants were residents of the State of Pennsylvania" when this action was filed, and currently "reside in the State of Florida," ECF No. 1 at 2, are insufficient to adequately allege diversity jurisdiction. Ordered by Judge Natasha C. Merle on 4/28/2025. (AG) |
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| Thursday, April 24, 2025 | ||
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misc
Quality Control Check - Attorney Case Opening
Thu 04/24 5:10 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Thu 04/24 5:06 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] (KD) |
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answer
Answer to Complaint
Thu 04/24 3:40 PM
Defendants' ANSWER to Complaint by Noah Cohen, Ofer Cohen. (Gabriel, Meagan) |
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notice
Notice of Removal
Thu 04/24 3:37 PM
NOTICE OF REMOVAL by Noah Cohen, Ofer Cohen from Supreme Court of New York, Queens County, case number 705325/2025. ( Filing fee $ 405 receipt number ANYEDC-18986068) (Gabriel, Meagan) |
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Att: 1
Exhibit Summons & Complaint,
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Att: 2
Exhibit Affidavit of Service,
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Att: 3
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Thu 04/24 5:04 PM
Case Assigned to Judge Natasha C. Merle and Magistrate Judge James R. Cho. 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) |
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misc
ECF Admission and Registration Notification - Removal
Thu 04/24 5:11 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. (KD) |
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