Aal v. D&A Contracting, LLC

Filing 3

ORDER re: 1 Notice of Removal, filed by D&A Contracting, LLC, Thomas A. Michetti, 3rd. It is hereby: ORDERED that Defendants are directed to answer or otherwise respond to Plaintiff's Complaint on or before November 29, 2021. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/18/2021) (kv)

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Case 1:21-cv-08512-VSB Document 3 Filed 11/18/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------X : JILL AAL, : : Plaintiff, : : -against: : D&A CONTRACTING, LLC, et al., : : Defendants. : : --------------------------------------------------------- X 21-cv-8512 (VSB) ORDER VERNON S. BRODERICK, United States District Judge: On September 14, 2021, Plaintiff initiated this action and filed her complaint in the New York State Supreme Court, New York County. (Doc. 1 Ex. 2.) On October 15, 2021, Defendants filed a notice of removal on grounds of a federal question. (Doc. 1.) “After removal, repleading is unnecessary unless the court orders it.” Fed. R. Civ. P. 81(c)(2). “A defendant who did not answer before removal must answer or present other defenses or objections . . . within the longest of these periods”: (1) “21 days after receiving—through service or otherwise—a copy of the initial pleading”; (2) “21 days after being served with the summons for an initial pleading on file at the time of service,” or; (3) “7 days after the notice of removal is filed.” Id. As such, under Rule 81, Defendants are overdue in answering or otherwise responding to the Complaint. It is hereby: ORDERED that Defendants are directed to answer or otherwise respond to Plaintiff’s Complaint on or before November 29, 2021. SO ORDERED. Case 1:21-cv-08512-VSB Document 3 Filed 11/18/21 Page 2 of 2 Dated: November 18, 2021 New York, New York ________________________________ VERNON S. BRODERICK United States District Judge

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