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Tough Mudder LLC
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Order | Filed: August 20, 2021 | Entered: August 20, 2021 Giannetto v. Tough Mudder Incorporated et al
P.I.: Other | New York Eastern
Order of Remand to State Court
Order of Remand to State Court. Based upon the consent of counsel, this matter is remanded to the state court. No sanctions or costs awarded. Ordered by Judge Gary R. Brown on 8/20/2021. (Brown, Gary)
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Misc | Filed: August 20, 2021 | Entered: August 20, 2021 Giannetto v. Tough Mudder Incorporated et al
P.I.: Other | New York Eastern
Letter
Letter response to judge's order by Tough Mudder Event Production Incorporated, Tough Mudder Incorporated (Goldenberg, Michael)
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Order | Filed: August 20, 2021 | Entered: August 20, 2021 Giannetto v. Tough Mudder Incorporated et al
P.I.: Other | New York Eastern
Order(Other)
ORDER. Consistent with the filings by counsel in response to the Court's electronic order of earlier today, defendants may file their response via letter along with any attached exhibits. However, as noted in plaintiff's filing, defendants should also address the question of whether remand is required based upon the forum defendant rule found at 28 U.S.C. § 1441(b)(2). Gibbons v. Bristol-Myers Squibb Co., 919 F.3d 699, 705 (2d Cir. 2019)("In the usual case, application of the forum defendant rule is straightforward: a defendant is sued in a diversity action in the state courts of its home state, is served in accordance with state law, attempts to remove the case, and is rebuffed by a district court applying Section 1441(b)(2).") Plaintiff's application for a pre-motion conference for remand, sanctions and costs is deferred pending resolution of the Court's show cause order. Ordered by Judge Gary R. Brown on 8/20/2021. (Brown, Gary)
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