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07-4356 - Matos et al v. D.T. Wojnarowicz


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07-4356 - Matos et al v. D.T. Wojnarowicz
January 2, 2008
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ORDER re 12 Letter filed by Alfonso Prensa, Bladimir Matos -- For the reasons set forth in the attached document, the Clerk is respectfully directed to remand this case to the Supreme Court of the State of New York, Kings County. In order to afford the defendant sufficient time to file a motion for reconsideration of this order by the assigned district judge, I stay this order until January 22, 2008. SEE ATTACHED DOCUMENT. Ordered by Magistrate Judge James Orenstein on January 2, 2008. (Kochendorfer, Kate)
April 2, 2008
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MEMORANDUM AND ORDER: Defendant's objections are overruled and the case is remanded to state court; Magistrate Judge Orenstein's stay of removal is lifted. On remand, plaintiffs are cautioned to adhere to their $50,000 stipulation both because they would be judicially estopped from asserting otherwise, and to avoid the imposition of sanctions. See Ryan, 343 F. Supp. 2d at 160 ("[F]ailure [on remand] to adhere to the binding stipulation regarding damages will subject [plaintiff and his counsel] to sanctions." (citing cases)). Ordered by Senior Judge Frederic Block on April 1, 2008. (c/m-chambers; certified copies of this M&O as well as the 1/2/2008 Order of Remand of Magistrate Judge James Orenstein forwarded to Supreme Court of the State of New York, Kings County under Index No. 22762/07, case closed) (Lee, Tiffeny)