BCK Coatings Incorporated v. Complete Business Solutions Group Incorporated et al
| BCK Coatings Incorporated |
| Complete Business Solutions Group Incorporated a Delaware corporation doing business as Par Funding, Crystal Springs Capital Incorporated, Crystal Springs Capital LLC, Alternative Funding Group Corporation, Mayfair Business Capital LLC, Smart Funding Capital and Tiger Capital Group LLC |
| 2:2021cv02125 |
| December 13, 2021 |
| US District Court for the District of Arizona |
| Susan M Brnovich |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Injunctive/Declaratory Relief |
| None |
Docket Report
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| Filing 45 ACKNOWLEDGEMENT of Receipt of Remand Letter from Maricopa County Superior Court. (REK) |
| Filing 44 MINUTE ENTRY for proceedings held before Judge Susan M Brnovich. The Motion to Remand #11 is granted and the Motion to Set Aside Default #24 is granted. Mayfair's Motion to Dismiss #26 and Motion to Transfer Venue #27 shall be addressed by Maricopa County Superior Court. IT IS FURTHER ORDERED directing the Clerk of the Court to remand this matter to Maricopa County Superior Court. (Court Reporter Christine Coaly.) Hearing held 10:09 AM to 10:25 AM. (Attachments: #1 Remand Letter) (REK) |
| Remark: Pro hac vice motion(s) granted for Baruch Gottesman on behalf of Defendant Mayfair Business Capital LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
Filing 43
IT IS ORDERED setting oral argument re: the #11 Motion to Remand filed by Plaintiff, the #24 Motion to Set Aside Default filed by Defendants by Crystal Springs Capital Incorporated and Crystal Springs Capital, LLC, Defendant May Fair Business Captial LLC's #26 Motion to Dismiss and #27 Motion for Change of Venue or in the Alternative for Dismissal with Prejudice. Motion Hearing set for 6/2/2022 at 10:00 AM (90 minutes allowed) in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. Ordered by Judge Susan M. Brnovich. (ESG) (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry)
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| Filing 42 *SEALED Exhibit B to Exhibit 1 of Document 16. Filed by Mayfair Business Capital LLC. (Overcash, Philip) *Modified to change from lodged to file pursuant to doc. #39 on 4/14/2022 (MAP). |
| Filing 41 Additional Attachments to Main Document re: #40 Response in Opposition to Motion Exhibit B-REDACTED by Defendant Mayfair Business Capital LLC. (Overcash, Philip) |
| Filing 40 RESPONSE in Opposition re: #11 MOTION to Remand to State Court , #12 MOTION to Supplement Motion to Remand (Doc. 11) filed by Mayfair Business Capital LLC. (Attachments: #1 Exhibit Exhibit 1)(Overcash, Philip) |
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Filing 39
ORDER (re: Doc. #38 ) - that the Clerk of Court shall seal Doc. #16 -1. FURTHER ORDERED that counsel shall file a new copy of Doc. #16 -1 that does not include Exhibit B and shall file two copies of Exhibit B separately, an unredacted copy shall be filed under seal and a redacted copy shall be filed as publicly accessible. FURTHER ORDERED that Plaintiff's Motion to Strike (Doc. #37 ) is now moot, and the Court will take no action on it and deems it to be withdrawn. Signed by Judge Susan M. Brnovich on 4/6/22. (NKS)
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| Filing 38 *Stipulation to Withdraw and Replace Exhibit B to the Affidavit of Christopher J. Charles REDACTION to #16 Response in Opposition to Motion, by Mayfair Business Capital LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Overcash, Philip) *Incorrect event selected. Docket text modified on 4/4/2022 (ESG). |
| Filing 37 MOTION to Strike #16 Response in Opposition to Motion, by BCK Coatings Incorporated. (Attachments: #1 Exhibit, #2 Proposed Order)(Klopp, Matthew) |
| Filing 36 REPLY to Response to Motion re: #27 MOTION to Change Venue/Transfer Case to Southern District of New York MOTION to Dismiss Case with Prejudice filed by Mayfair Business Capital LLC. (Overcash, Philip) |
| Filing 35 REPLY to Response to Motion re: #26 MOTION to Dismiss Case filed by Mayfair Business Capital LLC. (Overcash, Philip) |
| Filing 34 REPLY to Response to Motion re: #24 MOTION to Set Aside Default filed by Crystal Springs Capital Incorporated, Crystal Springs Capital LLC. (Attachments: #1 Exhibit Superior Court Application for Default by Plaintiff, #2 Exhibit Nutramax Labs Order on Motion to Set Aside)(Goodman, Christopher) |
| Filing 33 RESPONSE to Motion re: #27 MOTION to Change Venue/Transfer Case to Southern District of New York MOTION to Dismiss Case with Prejudice filed by BCK Coatings Incorporated. (Klopp, Matthew) |
| Filing 32 RESPONSE to Motion re: #26 MOTION to Dismiss Case filed by BCK Coatings Incorporated. (Klopp, Matthew) |
| Filing 31 RESPONSE to Motion re: #24 MOTION to Set Aside Default filed by BCK Coatings Incorporated. (Attachments: #1 Exhibit Exhibit A)(Klopp, Matthew) |
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Filing 30
ORDER granting #17 Motion to Continue Rule 16 Case Management Conference. The Order Setting Rule 16 Case Management Conference (Doc. #9 ) is vacated, and all associated deadlines and events are continued until further Order of this Court. Signed by Judge Susan M. Brnovich on 1/24/2022. (ESG) *Docket text modified on 1/28/2022 to correct typo. (ESG).
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| Filing 29 *Additional Attachments to Main Document - Proposed Order Granting Motion for Change of Venue re: #27 MOTION to Change Venue/Transfer Case to Southern District of New York MOTION to Dismiss Case with Prejudice Filed by Mayfair Business Capital LLC. (Charles, Christopher) *Modified on 1/24/2022 (LAD). |
| Filing 28 SECOND NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to BCK Coatings Incorporated. (ESG) |
| Filing 27 *MOTION to Change Venue/Transfer Case to Southern District of New York, or in the Alternative, MOTION for Dismissal with Prejudice by Mayfair Business Capital LLC. (Attachments: #1 Exhibit Exhibit A)(Charles, Christopher). *Modified to add motion part; attorney noticed on 1/21/2022 (SST). |
| Filing 26 MOTION to Dismiss Case by Mayfair Business Capital LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Charles, Christopher) |
| Filing 25 Additional Attachments to Main Document re: #24 MOTION to Set Aside Default PROPOSED ORDER by Defendants Crystal Springs Capital Incorporated, Crystal Springs Capital LLC. (Goodman, Christopher) |
| Filing 24 MOTION to Set Aside Default by Crystal Springs Capital Incorporated, Crystal Springs Capital LLC. (Attachments: #1 Affidavit Declaration of Counsel, #2 Exhibit Exhibit A Docket Report, #3 Exhibit Exhibit B Emails, #4 Exhibit Exhibit C Filings)(Goodman, Christopher) |
| Filing 23 NOTICE of Appearance by Christopher Moran Goodman on behalf of Crystal Springs Capital Incorporated, Crystal Springs Capital LLC. (Goodman, Christopher) |
| Filing 22 REPLY to Response to Motion re: #11 MOTION to Remand to State Court filed by BCK Coatings Incorporated. (Klopp, Matthew) |
| Filing 21 Clerk's ENTRY OF DEFAULT as to Crystal Springs Capital Incorporated, Crystal Springs Capital LLC, Smart Funding Capital, Tiger Capital Group LLC. (REK) |
| Filing 20 AFFIDAVIT of Christopher J. Charles re: #16 Response in Opposition to Motion to Remand (Supplemental Affidavit) by Defendant Mayfair Business Capital LLC. (Attachments: #1 Exhibit Exhibit B, #2 Exhibit Exhibit C, #3 Exhibit Exhibit D, #4 Exhibit Exhibit E, #5 Exhibit Exhibit F, #6 Exhibit Exhibit G, #7 Exhibit Exhibit H, #8 Exhibit Exhibit I, #9 Exhibit Exhibit J, #10 Exhibit Exhibit L, #11 Exhibit Exhibit O, #12 Exhibit Exhibit P, #13 Exhibit Exhibit Q, #14 Exhibit Exhibit R, #15 Exhibit Exhibit S, #16 Exhibit Exhibit T, #17 Exhibit Exhibit U)(Charles, Christopher) |
| Filing 18 APPLICATION for Entry of Default by Plaintiff BCK Coatings Incorporated against Crystal Springs Capital, LLC; Crystal Springs Capital, Inc.; Tiger Capital Group, LLC; Smart Funding. (Attachments: #1 Exhibit Exhibit A)(Klopp, Matthew) |
| Filing 19 Letter from First Corporate Solutions re: Service of #7 Order. (REK) |
| Filing 17 First MOTION to Continue Rule 16 Case Management Conference by BCK Coatings Incorporated. (Attachments: #1 Proposed Order)(Klopp, Matthew) |
| Filing 16 RESPONSE in Opposition re: #11 MOTION to Remand to State Court , #12 MOTION to Supplement Motion to Remand (Doc. 11) filed by Mayfair Business Capital LLC. (Attachments: #1 Exhibit Exhibit 1)(Charles, Christopher) |
| Filing 15 NOTICE re: Notice of Filing Re: Declaration in Support of Alternative Service by BCK Coatings Incorporated . (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibits A-U)(Klopp, Matthew) |
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Filing 14
ORDER granting #13 Motion for Extension of Time to File Corporate Disclosure Statement filed by Plaintiff: IT IS ORDERED that Plaintiff shall have an extension of time to file its Corporate Disclosure Statement until ten (10) days after the Court adjudicates the pending Motion to Remand (Doc. #11 ) and Supplement to Motion to Remand (Doc. #12 ). Signed by Judge Susan M. Brnovich on 12/28/2021. (RMW)
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| Filing 13 First MOTION for Extension of Time to File Corporate Disclosure Statement by BCK Coatings Incorporated. (Attachments: #1 Proposed Order)(Klopp, Matthew) |
| Filing 12 SUPPLEMENT re: Motion to Remand (Doc. #11 ) by BCK Coatings Incorporated. (Klopp, Matthew) *Docket text modified. Incorrect event selected. . (ESG) |
| Filing 11 MOTION to Remand to State Court by BCK Coatings Incorporated. (Attachments: #1 Exhibit)(Klopp, Matthew) |
| Filing 10 Corporate Disclosure Statement by Mayfair Business Capital LLC. (Charles, Christopher) |
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Filing 9
ORDER: Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Telephonic Case Management Conference is set for January 27, 2022 at 9:30 a.m. (15 minutes allowed). The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing [see attached Order for details]. Signed by Judge Susan M Brnovich on 12/17/21. (MAW)
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Filing 8
ORDER: This Court adheres to Section D of the ECF Administrative Policies & Procedures Manual, specifically pages 8 & 9. Any motions, responses or replies filed for which a courtesy copy is not delivered to the Court, as required1, will be stricken and not considered. Signed by Judge Susan M Brnovich on 12/17/21. (MAW)
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Filing 7
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Susan M Brnovich on 12/17/21. (MAW)
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| Filing 6 Additional Attachments to Main Document re: #1 Notice of Removal Civil Cover Sheet by Defendant Mayfair Business Capital LLC. (Attachments: #1 Supplemental Civil Cover Sheet)(Charles, Christopher) |
| Filing 5 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Mayfair Business Capital LLC. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please file the required documents, Civil Cover Sheet and Supplemental Civil Cover Sheet. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MYE) |
| Filing 4 NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to BCK Coatings Incorporated. (MYE) |
| Filing 3 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Mayfair Business Capital LLC. (MYE) |
| Filing 2 Filing fee paid, receipt number 0970-20152213. This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-21-2125-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2021-012487. Filing fee received: $ 402.00, receipt number 0970-20152213 filed by Mayfair Business Capital LLC. (Charles, Christopher) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(MYE) |
| ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED : Service by Publication upon Crystal Springs Capital Incorporated, Crystal Springs Capital LLC, Mayfair Business Capital LLC, Smart Funding Capital, and Tiger Capital Group LLC. Last publication date 12/3/2021. (Originals filed in Maricopa County Superior Court on 12/3/2021.) Affidavit of Service re: Summons, Complaint, Certificate of Compulsory Arbitration, Choice Certificate: FASTAR Trial or Alternative Resolution upon Complete Business Solutions Group on 8/17/2021. Affidavit of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon Alternative Funding Group Corporation on 8/17/2021. (Originals filed in Maricopa County Superior Court on 9/2/2021.) (MYE) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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