Windsor Avenue 67, LLC v. Midas Realty, LLC
Plaintiff: WINDSOR AVENUE 67, LLC
Defendant: MIDAS REALTY, LLC
3Rd Party Defendant: Realty Income Corporation
Case Number: 3:2023cv00032
Filed: January 9, 2023
Court: US District Court for the District of Connecticut
Presiding Judge: Sarala V Nagala
Referring Judge: S Dave Vatti
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2023 Opinion or Order Filing 26 ORDER denying as moot #16 Motion to Strike. In light of the parties' reported settlement, Plaintiff's motion to strike affirmative defenses or, in the alternative, for a more definite statement (ECF No. #16 ) is denied as moot without prejudice to refiling if the parties opt to proceed with this litigation. Signed by Judge Sarala V. Nagala on 03/08/2023. (Kuegler, Adam)
February 28, 2023 Opinion or Order Filing 25 ORDER. In light of the parties' reported settlement, by March 30, 2023, the parties shall file either: a stipulation of dismissal; or a notice stating that the case has not, in fact, settled and that the parties intend to proceed with this litigation. Signed by Judge Sarala V. Nagala on 02/28/2023. (Kuegler, Adam)
February 27, 2023 Opinion or Order Filing 24 ORDER: The parties have reported that this case has settled. Therefore, the pre-settlement telephonic conference set for 2/28/2023 is canceled. Signed by Judge Robert A. Richardson on 2/27/2023. (Fries, J.)
February 24, 2023 Filing 23 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Pre-settlement telephonic conference is set for 2/28/2023 at 2:00 PM before Judge Robert A. Richardson. (Fries, J.)
February 24, 2023 Opinion or Order Filing 22 ORDER: A pre-settlement telephonic conference is scheduled for 2/28/23 at 2:00 PM with Judge Richardson. Counsel have been provided with conference call instructions via email. Signed by Judge Robert A. Richardson on 2/24/23. (Fries, J.)
February 24, 2023 Opinion or Order Filing 21 ORDER REFERRING CASE to Magistrate Judge Robert A. Richardson to conduct a settlement conference. Signed by Judge Sarala V. Nagala on 2/24/2023.(Bozek, M.)
February 23, 2023 Set Deadline: Status Report due by 5/22/2023. (Bozek, M.)
February 23, 2023 Opinion or Order Filing 20 SCHEDULING ORDER: Discovery due by August 23, 2023. Dispositive motions due by September 27, 2023. Status Report due by May 22, 2023. Status Report due by August 30, 2023.All further deadlines are set forth in the attached scheduling order. Note that some of the dates in the scheduling order differ from those proposed by the parties' Rule 26(f) Report.Signed by Judge Sarala V. Nagala on 02/23/2023. (Kuegler, Adam)
February 22, 2023 Filing 19 Joint REPORT of Rule 26(f) Planning Meeting. (Wisser, Kerry)
February 16, 2023 Filing 18 Memorandum in Opposition re #16 MOTION to Strike #12 Answer to Complaint (Notice of Removal) filed by Midas Realty, LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Polansky, Kevin)
February 16, 2023 Filing 17 AMENDED ANSWER to Plaintiff's Complaint with Affirmative Defenses by Midas Realty, LLC. (Attachments: #1 Exhibit A)(Polansky, Kevin)
February 2, 2023 Filing 16 MOTION to Strike #12 Answer to Complaint (Notice of Removal) by Windsor Avenue 67, LLC.Responses due by 2/23/2023 (Attachments: #1 Memorandum in Support Memorandum in Support of Motion to Strike)(Wisser, Kerry)
January 31, 2023 Filing 15 THIRD PARTY COMPLAINT against Realty Income Corporation, filed by Midas Realty, LLC.(Polansky, Kevin)
January 23, 2023 Filing 14 DEMAND for Trial by Jury by Midas Realty, LLC. (Polansky, Kevin)
January 18, 2023 Filing 13 Corporate Disclosure Statement by Midas Realty, LLC. (Polansky, Kevin)
January 17, 2023 Filing 12 ANSWER to Complaint (Notice of Removal) by Midas Realty, LLC.(Polansky, Kevin)
January 11, 2023 Filing 11 Corporate Disclosure Statement by Windsor Avenue 67, LLC. (Wisser, Kerry)
January 11, 2023 Filing 10 NOTICE of Appearance by Kerry Marc Wisser on behalf of Windsor Avenue 67, LLC (Wisser, Kerry)
January 11, 2023 Opinion or Order Filing 9 ORDER. By January 18, 2023, Plaintiff and Defendant shall file separate notices providing the identities and citizenship of each of their members. For the avoidance of doubt, the Court instructs the parties that their notices must list the identities and citizenship of all members of any relevant limited liability companies, as well as the identities and citizenship of all general and limited partners of any relevant partnerships. Thus, for example, Defendant must list the identities and citizenship of each member of its purported sole member "Midas International, LLC." Signed by Judge Sarala V. Nagala on 01/11/2023. (Kuegler, Adam)
January 10, 2023 Filing 8 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES: Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Notice of Removal, filed by Midas Realty, LLC, #5 Order on Pretrial Deadlines, #2 Notice of Appearance filed by Midas Realty, LLC, #3 Corporate Disclosure Statement filed by Midas Realty, LLC, #7 Protective Order, #6 Electronic Filing Order, 4 Notice re: Disclosure Statement, Signed by Clerk on 1/10/2023. (Attachments: #1 STANDING ORDER ON REMOVED CASES) (Mendez, D)
January 9, 2023 Set Deadline: Rule 26 Meeting Report due by 2/22/2023. (Bozek, M.)
January 9, 2023 Opinion or Order Filing 7 STANDING PROTECTIVE ORDER. Signed by Judge Sarala V. Nagala on 1/9/2023. (Mendez, D)
January 9, 2023 Opinion or Order Filing 6 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Sarala V. Nagala on 1/9/2023. (Mendez, D)
January 9, 2023 Opinion or Order Filing 5 Order on Pretrial Deadlines: Amended Pleadings due by 3/10/2023. Discovery due by 7/11/2023. Dispositive Motions due by 8/15/2023. Signed by Clerk on 1/9/2023. (Mendez, D)
January 9, 2023 Filing 4 Notice: Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 7.1, any nongovernmental corporate party must electronically file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock or states that there is no such corporation. Such disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 1/9/23.(Hushin, Z.)
January 9, 2023 Judge Sarala V. Nagala and Judge S. Dave Vatti added. (Oliver, T.)
January 9, 2023 Filing 3 Corporate Disclosure Statement by MIDAS REALTY, LLC. (Polansky, Kevin)
January 9, 2023 Filing 2 NOTICE of Appearance by Kevin P. Polansky on behalf of MIDAS REALTY, LLC (Polansky, Kevin)
January 9, 2023 Filing 1 NOTICE OF REMOVAL by MIDAS REALTY, LLC from Judicial District of Hartford, case number HHD-CV23-6163603-S. Filing fee $ 402 receipt number ACTDC-7192511, filed by MIDAS REALTY, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Action Cover Sheet)(Polansky, Kevin)

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Plaintiff: WINDSOR AVENUE 67, LLC
Represented By: Kerry Marc Wisser
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Defendant: MIDAS REALTY, LLC
Represented By: Kevin P. Polansky
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3rd party defendant: Realty Income Corporation
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