Cooper v. City Of New York et al

Filing 14

ORDER granting 10 Motion to Remand to State Court; denying 10 Motion for Leave to File Document. It is hereby ORDERED that this case is remanded to the Supreme Court of the State of New York, New York County; and ORDERED that plaintiff's application for leave to file a post-remand motion for costs pursuant to 28 U.S.C. § 1447(c) is denied; and ORDERED that the Clerk of Court is directed to effectuate the remand to the Supreme Court of the State of New York, New York County and close the motion pending at ECF No. 10. (Signed by Judge Naomi Reice Buchwald on 11/20/2024) (tg) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------X
JERMAINE COOPER,
Plaintiff,
O R D E R
- against -

24 Civ. 7986(NRB)

CITY OF NEW YORK, JOHN NUGENT,
JOSE HERNANDEZ, ENYER TERRERO,
BILLY VALERIO, ANTHONY AMIRALLY,
EMRE GUVEN, SUFRAZ SYED, MICHAEL
LESSER, “JANE” BUCKLE, “JOHN”
ESTEVEZ,
“JOHN”
HERNANDEZ,
“JOHN” MATURINE, “JOHN” SOLER,
and JOHN and JANE DOE 1-10,
Defendants.
--------------------------------X
NAOMI REICE BUCHWALD
UNITED STATES DISTRICT JUDGE

WHEREAS on or about September 10, 2024, plaintiff Jermaine
Cooper brought a civil action against defendants in the Supreme
Court of the State of New York, New York County, Index No.
158349/2024, ECF No. 1-1; and
WHEREAS

on

October

21,

2024,

defendant

Jody-Ann

Buckle

(“Buckle”), through her attorney, filed a notice of removal from
the Supreme Court of the State of New York, New York County
pursuant to 28 U.S.C. §§ 1441, 1446, and Rule 81(c) of the Federal
Rules of Civil Procedure, ECF No. 1; and
WHEREAS on October 31, 2024, defendant City of New York (the
“City”) filed a letter stating that the City did not provide its
consent to removal and requesting that the Court remand the action

to the Supreme Court of the State of New York, New York County,
ECF No. 7; and
WHEREAS on November 14, 2024, plaintiff filed a Motion to
Remand the action to the Supreme Court of the State of New York,
New York County on the grounds that it was improperly removed
without consent of all defendants, ECF No. 10, and sought leave to
file a post-remand motion for costs pursuant to 28 U.S.C. §
1447(c); and
WHEREAS on November 15, 2024, defendant Buckle, through her
attorney, filed a letter consenting to remand the action to the
Supreme Court of the State of New York, New York County, ECF No.
13; it is hereby
ORDERED that this case is remanded to the Supreme Court of
the State of New York, New York County; and
ORDERED that plaintiff’s application for leave to file a
post-remand motion for costs pursuant to 28 U.S.C. § 1447(c) is
denied; and
ORDERED that the Clerk of Court is directed to effectuate the
remand to the Supreme Court of the State of New York, New York
County and close the motion pending at ECF No. 10.
Dated:

November 20, 2024
New York, New York
NAOMI REICE BUCHWALD
UNITED STATES DISTRICT JUDGE