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Date: 08-11-2023
Case Style:
Case Number: 1:22-cv-00820
Judge: Glenn T Suddaby
Court: United States District Court for the Northern District of New York (Albany County)
Plaintiff's Attorney: Nicholas Faso and Ken Stenger, Lauren Russell, and Seth Berlin
Defendant's Attorney: Lynn Oberlander
Description: Albany, New York personal injury lawyers represented Plaintiff who sued defendant on libel and slander theories.
The claims made and defenses asserted by the parties are not available.
The only defense to libel and slander is truth.
This case was filed in the Supreme Court, Ulster County, New York, EF2022-478, and was removed to federal court.
Plaintiff challenged the jurisdiction of the federal court and sought remand to the state court.
Outcome: TEXT ORDER granting 31 Plaintiff's letter-request for an Order remanding this action to New York State Supreme Court, Ulster County. Based on Defendant's failure to show the cause directed in the Court's Text Order of 08/02/2023 (Dkt. No. 29 ) - and indeed Defendant's express statement that she "would not object to the Court's remanding this matter" (Dkt. No. 30 , at 3) - the Court finds that it lacks subject-matter jurisdiction over this action for the reasons stated in the Court's Text Order of 08/02/2023 (Dkt. No. 29 ). Because the Court has found that it lacks subject-matter jurisdiction over this action, it denies without prejudice as moot Defendant's pending motion to dismiss for failure to state a claim (Dkt. No. 19 ) and this matter is remanded to New York State Supreme Court, Ulster County. SO ORDERED by U.S. District Judge Glenn T Suddaby on 8/11/2023. (sal) (Entered: 08/11/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: