Odeon Capital Group, LLC et al v. Ackerman
| Odeon Capital Group, LLC, Mathew Van Alstyne and Evan Schwartzberg |
| Bret Ackerman |
| 1:2016cv00274 |
| January 13, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Jed S. Rakoff |
| Arbitration |
| 09 U.S.C. ยง 0010 Petition to Vacate Arbitration Award |
| None |
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Filing
24
OPINION AND ORDER re: 22 MOTION to Amend/Correct Petition to Vacate Arbitration Award filed by Mathew Van Alstyne, Evan Schwartzberg, Odeon Capital Group, LLC, 6 CROSS MOTION to Confirm Arbitration Award. filed by Bre t Ackerman. Accordingly, Respondent's counsel is directed to submit, within three business days, a calculation of prejudgment interest and a tabulation of costs incurred in responding to the instant motion to vacate. Petitioner's counsel may submit any response three business days afterward. After reviewing these submissions, the Court will enter final judgment. The Clerk of Court is directed to close docket entries 6 and 22. (Signed by Judge Jed S. Rakoff on 4/25/2016) (ama)
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Filing
21
OPINION AND ORDER re: 14 MOTION to Remand to State Court (re-submitted to remedy ECF filing error) filed by Mathew Van Alstyne, Evan Schwartzberg, Odeon Capital Group, LLC. In the instant case, Petitioners do not dispute that whe n they filed their petition to vacate the arbitration in state court on December 18, 2015, the parties were diverse of citizenship. See Pet. Br. at 2-3. Further, no party disputes that any other elements of federal diversity jurisdiction are not sati sfied. Accordingly, the Court finds that Respondent properly removed the petition to vacate to federal court on January 13, 2016. See 28 U.S.C. § 1441. The Court therefore denies Petitioners' motion to remand. The parties are directed to ph one Chambers jointly within two business days to set oral argument on the cross-motions to confirm or to vacate the arbitration award. The Clerk of Court is directed to close docket entry 14. (As further set forth in this Order.) (Signed by Judge Jed S. Rakoff on 2/29/2016) (kko) Modified on 3/1/2016 (kko).
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