Aretakis v. United Airlines, Inc. et al

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS, For the foregoing reasons, Magistrate Judge Orenstein's R&R, Dkt. #37, dated 6/23/17, is adopted, in its entirety, as the opinion of the Court. Pltff's motion for costs, Dkt. #28, is granted, and Aretakis is awarded costs against United in the amount $558.08. The Clerk of Court is directed to tax this cost against United. The case shall remain on the closed docket. (Ordered by Judge Eric N. Vitaliano on 7/14/2017) c/m (Galeano, Sonia)

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o,,~Jr,1 7 \~~ fl- UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK FILED IN Ctc~ 1 ,,~ s DISTR1cr co OFf:/CE -------------------------------------------------------------- x JOHN ARETAKIS, * I I URT E:.D.N. Y. J"'L ~' 7 io17 * BROOKLYN OFF; MEMORANDUM & ORDER f§t Plaintiff. -against- l 5-cv-6313 (ENV) (JO) UNITED AIRLINES, INC. , et al., Defendants. -------------------------------------------------------------- x VlTALIANO, D.J. On or about June 25 , 2015, plaintiff John Aretakis, appearing prose, commenced this action for negligence and breach of contract against defendants United Airl ines, Inc. ("United") and Cheapcaribbean.Com, Inc. ("Cheapcaribbean") in the Civil Court of the City of New York, Kings County. See Dkt. No. I . United, on November 4, 2015, removed that action here. id; see also Dkt. No. 1-2 (Cheapcaribbean joining in removal). Foll owing multiple conferences and motion practice, the remand sought by plaintiff was ordered on February 3, 2016. Dkt. No. 22. Shortly thereafter, on March 8, 2016, Aretakis contacted Magistrate Judge Orenstein by Jetter, essentiall y seeking costs in connection with remova l and remand, which would be in li ne with relief avai lable under 28 U.S.C. § 1447(c). Dkt. No. 23; see also Dkt. No. 24 (November 14, 20 16 Jetter stating the same). On January 9, 2017, Magistrate Judge Orenstein directed plaintiff to submit documentation in support of his request for costs ari sing from defendants' improper remova l. Dkt. to. 2. Compl iance by A retak is w ith that directi ve was timely. See Dkt. Nos. 28 & 29. The motion was hea rd on February 8. 20 17. At the hearing, Judge Orenstein stated his intention to reconu11end that the court order defendants to reimburse Aretakis --approx imately $588 in costs·· arising from United's unwarranted removal and the Court 's remand to state court in February 2016. Next, Judge Orenstein directed the parties to confer as to the possibili ty of a consensual resolution of the matter, 1 /s/ USDJ ERIC N. VITALIANO

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