Jian et al v. MIH CP Solutions, LLC et al
| Tam Jian and Made In Brooklyn Inc. |
| MIH CP Solutions, LLC, Jim Piccilo, Vince Bryniczka and Marco Moran |
| 8:2023cv01108 |
| May 19, 2023 |
| US District Court for the Middle District of Florida |
| Mac R McCoy |
| Kathryn Kimball Mizelle |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
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Filing 46
ENDORSED ORDER: This case is dismissed without prejudice because the earlier Order 42 striking the complaint as a shotgun pleading has now become a final order. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 719-722 (11th Cir. 2020) ("Hertz [Corp. v. Alamo Rent-A-Car, Inc., 16 F.3d 1126 (11th Cir. 1994)] establishes that an order dismissing a complaint with leave to amend within a specified time becomes a final judgment if the time allowed for amendment expires without the plaintiff seeking an extension. And when the order becomes a final judgment, the district court loses 'all its prejudgment powers to grant any more extensions' of time to amend the complaint. The only recourse for a plaintiff who seeks to set aside the final judgment is to appeal, Fed R. App. P. 3, move to alter or amend the judgment, Fed. R. Civ. P. 59(e), or move for relief from the final judgment, Fed. R. Civ. P. 60(b)." (citations omitted)). The Clerk is directed to TERMINATE any pending motions and deadlines and to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 6/13/2023. (MEV)
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Filing 45
ENDORSED ORDER: Attorneys Michael C. Barrows and Timothy Wedeen are directed to comply with Local Rule 2.01 governing practice in the Middle District. By June 9, 2023, Barrows and Wedeen must move to appear pro hac vice or file notices detailing the steps they have taken to become admitted into the Middle District. Failure to comply with this order may result in the Court striking each attorney from the record. Signed by Judge Kathryn Kimball Mizelle on 6/2/2023. (MEV)
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Filing 44
ENDORSED ORDER: Plaintiffs are directed to serve a copy of the Court's orders (Doc. 40, Doc. 41, and Doc. 42) on Defendants Piccilo and MIH CP Solutions. Plaintiffs must file proof of such service by June 9, 2023. Signed by Judge Kathryn Kimball Mizelle on 5/30/2023. (MEV)
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| Filing 43 MINUTE ENTRY for 5/26/2023 telephonic Status Conference before Judge Kathryn Kimball Mizelle. Court Reporter: Tana Hess (GSO) Modified on 6/5/2023 to correct Court Reporter (GSO). |
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Filing 42
ENDORSED ORDER: Upon review, the Court finds this complaint #15 constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, each count improperly "repeat[s], reiterate[s] and re-allege[s] each and every allegation as set forth in" the prior counts leading to a situation where counts II through IV contain irrelevant factual allegations and legal conclusions. See id. at 1321 ("The most common type [of shotgun pleading]--by a long shot--is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint."). Accordingly, the Court STRIKES Plaintiff's amended complaint. Plaintiff must file a second amended complaint complying with the Federal Rules of Civil Procedure by June 9, 2023, or this action will be dismissed. Signed by Judge Kathryn Kimball Mizelle on 5/26/2023. (MEV)
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Filing 41
ENDORSED ORDER: There is some suggestion that MIH CP Solutions and Piccilo have filed for bankruptcy. Thus, MIH CP Solutions and Piccilo must file by June 16, 2023, a notice regarding any bankruptcy proceeding that may impact this case. Additionally, MIH CP Solutions is reminded that it may not proceed without counsel. Should this claim not have been discharged, MIH CP Solutions must obtain counsel by June 16, 2023, or Plaintiff may move for default against MIH. Signed by Judge Kathryn Kimball Mizelle on 5/26/2023. (MEV)
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Filing 40
ENDORSED ORDER: Following the Court's status conference on June 26, 2023, the Court dismisses Marco Moran as a defendant in this action because no proof of timely service appears on the docket and the time for such service has passed under Rule 4. Signed by Judge Kathryn Kimball Mizelle on 5/26/2023. (MEV)
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Filing 39
CIVIL CASE STANDING ORDER. Each party must file a Corporate Disclosure Statement using the standard template attached to this order (also available on the undersigned's website under the "forms" tab) by June 5, 2023, or within fourteen days of appearing. Signed by Judge Kathryn Kimball Mizelle on 5/22/2023. (MEV)
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Filing 38
ENDORSED ORDER: A telephonic status conference is scheduled for May 26, 2023, at 1:30 p.m. before Judge Kathryn Kimball Mizelle. Counsel shall call the AT&T Toll-Free Teleconferencing Services line at 1-877-402-9753 and enter Access Code 5252356. The parties are advised to use a land-based telephone to access the conference. Signed by Judge Kathryn Kimball Mizelle on 5/22/2023. (MEV)
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| Filing 37 NOTICE TO COUNSEL Michael C Barrows and Timothy Wedeen Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (JNB) |
| Filing 36 TRANSFER IN from the Eastern District of New York. Case assigned to District Judge Kathryn Kimball Mizelle and Magistrate Judge Mac R. McCoy. New Case Number: 8:23-cv-01108-KKM-MRM. (JNB) |
| Filing 35 TRANSFER IN from the Eastern District of New York. Case assigned to District Judge Kathryn Kimball Mizelle and Magistrate Judge Magistrate Judge Mac R. McCoy. New Case Number: 8:23-cv-01108-KKM-MRM. (JNB) |
| Filing 34 Case transferred in from District of New York Eastern; Case Number 1:21-cv-02148. File received electronically |
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Filing 33
MEMORANDUM AND ORDER: For the reasons stated in the attached document, this action is transferred to the United States District Court for the Middle District of Florida. The Clerk of Court is respectfully directed to electronically transfer this action to the Middle District of Florida. Ordered by Judge Rachel P. Kovner on 12/05/2022. (Miyamoto, Matthew) [Transferred from nyed on 5/19/2023.]
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| Filing 32 Fully Briefed MOTION to Dismiss for Lack of Jurisdiction or to Transfer Venue by Vince Bryniczka. (Attachments: #1 Affidavit of Vince Bryniczka in support of MTD, #2 Memorandum in Opposition Plaintiffs' Memorandum in Opposition to Motion Dismiss, #3 Declaration of Jian Tam in support of memorandum of opposition, #4 Exhibit A to Declaration of Tam- Amended Verified Complaint, #5 Exhibit B to Declaration of Tam- communications, #6 Exhibit C to Declaration of Tam- JV Agreement, #7 Exhibit D to Declaration of Tam - Text messages, #8 Exhibit E to Declaration of Tam - Workflow for Sales Agreement, #9 Exhibit F to Declaration of Tam - Sales Affiliate Agreement, #10 Exhibit G to Declaration of Tam - Mutual NDA, #11 Exhibit H to Declaration of Tam - Purchase Orders, #12 Exhibit I to Declaration of Tam - Transaction Report, #13 Exhibit J to Declaration of Tam - Fresenius Letter, #14 Exhibit K to Declaration of Tam - Summons and Complaint, #15 Memorandum in Support of Motion to Dismiss and reply to memorandum of opposition, #16 Affidavit of Vince Bryniczka in support of Reply, #17 Exhibit 1 to Affidavit of Bryniczka - 1099, #18 Exhibit 2 to Affidavit of Bryniczka - commission agreement, #19 Exhibit 3 to Affidavit of Bryniczka - company filings) (Gordon, Brent) [Transferred from nyed on 5/19/2023.] |
| Filing 31 Letter Motion re: request for extension and Joint Status Letter by Vince Bryniczka (Gordon, Brent) [Transferred from nyed on 5/19/2023.] |
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ORDER: The motion for extension of time #31 is granted. Ordered by Judge Rachel P. Kovner on 5/26/2022. (Bell, Jason) [Transferred from nyed on 5/19/2023.]
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SCHEDULING ORDER: The consent motion for an extension of time to file #30 is granted. Defendant Bryniczka may file his reply, if any, by 5/26/2022. In compliance with Individual Rule IV.B, the parties shall file the fully briefed motion on the docket by 5/26/2022. The parties are also directed to file a joint status letter by 5/26/2022 indicating how far briefing has progressed on the other motion to dismiss referenced in the joint status letter #30.Ordered by Judge Rachel P. Kovner on 5/16/2022. (Daus, Benjamin) [Transferred from nyed on 5/19/2023.]
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| Filing 30 STATUS REPORT by Tam Jian (Barrows, Michael) [Transferred from nyed on 5/19/2023.] |
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SCHEDULING ORDER: In light of the status report filed at #30, the status conference scheduled for May 16, 2022 is canceled. Ordered by Magistrate Judge Peggy Kuo on 5/13/2022. (O'Neil-Berven, Ryan) [Transferred from nyed on 5/19/2023.]
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SCHEDULING ORDER: The Status Conference by telephone previously scheduled for May 9, 2022 is adjourned to May 16, 2022 at 11:30 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 5/9/2022. (O'Neil-Berven, Ryan) [Transferred from nyed on 5/19/2023.]
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| Filing 29 Letter MOTION to Adjourn Conference from 2:00 pm to 1:00 pm by Tam Jian, Made In Brooklyn Inc.. (Barrows, Michael) [Transferred from nyed on 5/19/2023.] |
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ORDER granting #29 Motion to Advance Conference. The status conference by telephone scheduled for May 9, 2022 is advanced to 1:00 p.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Plaintiffs' counsel is directed to send a copy of this Order to Defendants. Ordered by Magistrate Judge Peggy Kuo on 5/6/2022. (O'Neil-Berven, Ryan) [Transferred from nyed on 5/19/2023.]
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SCHEDULING ORDER: The parties are directed to file a joint status letter by 5/13/2022. Ordered by Judge Rachel P. Kovner on 5/6/2022. (Daus, Benjamin) [Transferred from nyed on 5/19/2023.]
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| Filing 28 CERTIFICATE OF SERVICE by Tam Jian, Made In Brooklyn Inc. re Scheduling Order,,, (Barrows, Michael) [Transferred from nyed on 5/19/2023.] |
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SCHEDULING ORDER: In light of the parties' failure to file a joint status report by the Court-ordered deadline, a status conference by telephone is scheduled for May 9, 2022 at 2:00 p.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerks Office.) Plaintiffs' counsel is directed to send a copy of this Order to Defendants and file proof of mailing by May 4, 2022. Ordered by Magistrate Judge Peggy Kuo on 5/2/2022. (O'Neil-Berven, Ryan) Modified on 5/2/2022 to add language(O'Neil-Berven, Ryan). [Transferred from nyed on 5/19/2023.]
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ORDER: Pursuant to the Order entered on April 13, 2022, the parties were directed to file a joint status report by April 20, 2022. The parties have failed to comply with this Court Order and are directed to file the outstanding status report no later than April 27, 2022. Ordered by Magistrate Judge Peggy Kuo on 4/25/2022. (O'Neil-Berven, Ryan) [Transferred from nyed on 5/19/2023.]
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STATUS REPORT ORDER: The parties are directed to file a joint status report by April 20, 2022. Ordered by Magistrate Judge Peggy Kuo on 4/13/2022. (O'Neil-Berven, Ryan) [Transferred from nyed on 5/19/2023.]
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ORDER: The Court accepts counsel's explanation #27 and extends its condolences to Mr. Gordon and his family. Ordered by Magistrate Judge Peggy Kuo on 3/11/2022. (O'Neil-Berven, Ryan) [Transferred from nyed on 5/19/2023.]
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| Filing 27 Letter of Apology for Missing Status Hearing by Vince Bryniczka (Gordon, Brent) [Transferred from nyed on 5/19/2023.] |
| MINUTE ENTRY and ORDER: Status Conference held on March 7, 2022 before Magistrate Judge Peggy Kuo. Attorney Michael C. Barrows appeared on behalf of Plaintiffs. Defendant Jim Piccilo appeared pro se and as a representative of Defendant MIH CP Solutions, LLC. No appearance by Defendants Vince Bryniczka and Marco Moran.Defendant Piccilo stated that he and MIH CP Solutions, LLC have not retained new counsel yet. Mr. Piccilo is reminded that if MIH CP Solutions, LLC does not retain new counsel, it will be in default, as a corporation may only appear through licensed counsel.Defendant Piccilo informed the Court that he and MIH CP Solutions, LLC have filed for bankruptcy. Counsel for Plaintiff is directed to file a copy of the bankruptcy notice. Once the bankruptcy filing has been confirmed, the case against those defendants will be subject to an automatic stay. Defendant Piccilo is directed to inform Plaintiffs' counsel when the bankruptcy matter has been resolved so the stay can be lifted. Plaintiffs' counsel stated that Defendants Bryniczka and Piccilo served him with motions to dismiss and Plaintiffs responded to both motions. He is directed to confer with counsel for Defendant Bryniczka to confirm whether the motion is now fully briefed and whether Defendant Bryniczka intends to file his motion to dismiss. Counsel for Defendant Bryniczka are directed to file a letter no later than March 9, 2022 explaining why they did not appear at today's status conference. (FTR: 10:15-10:33) (Tran, Tammy) [Transferred from nyed on 5/19/2023.] |
| Filing 26 AFFIDAVIT/AFFIRMATION re Scheduling Order,,, by Tam Jian, Made In Brooklyn Inc. (Barrows, Michael) [Transferred from nyed on 5/19/2023.] |
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SCHEDULING ORDER: A Status Conference is scheduled by telephone for March 7, 2022 at 10:00 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)Plaintiff's counsel is directed to send a copy of this Order to pro se Defendant Jim Piccilo and file certification by February 11, 2022. Ordered by Magistrate Judge Peggy Kuo on 2/8/2022. (O'Neil-Berven, Ryan) Modified on 2/8/2022 to correct typographical error (O'Neil-Berven, Ryan). [Transferred from nyed on 5/19/2023.]
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| MINUTE ENTRY: Motion hearing held by telephone on December 29, 2021 before Magistrate Judge Peggy Kuo. Attorney Michael C. Barrows appeared on behalf of Plaintiffs. Attorneys William Power McCaughan Jr. and Brent Gordon appeared on behalf of Defendants. Defendant Jim Piccilo was present in an individual capacity and as a representative of Defendant MIH CP Solutions, LLC. No appearance for Defendant Marco Moran. The Court heard the parties on the #24 Motion to Withdraw as Attorney. Defendant Piccilo stated that he does not have the financial means to pay Morgan Law Group's fees and he does not oppose the motion to withdraw. Plaintiffs and Defendant Vince Bryniczka do not oppose the motion to withdraw. The #24 Motion to Withdraw as Attorney is granted. Defendant Piccilo stated that he intends to retain new counsel, and the Court directed any new counsel to file a notice of appearance by January 31, 2022. Mr. Piccilo is advised that if no new counsel is retained, he must appear for all court appearances and fulfill all obligations of representing himself in this case. He is also warned that if MIH CP Solutions, LLC does not retain new counsel, it will be in default, as a corporation may only appear through licensed counsel.Mr. McCaughan is directed to e-mail Mr. Piccilo's contact information to Kuo_Chambers@nyed.uscourts.gov and provide Mr. Piccilo with the Court's mailing address and a copy of this Minute Entry. (FTR: 10:10-10:23) (Tran, Tammy) [Transferred from nyed on 5/19/2023.] |
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SCHEDULING ORDER: A Motion Hearing regarding the #24 Motion to Withdraw as Attorney is scheduled by telephone for December 29, 2021 at 10:00 a.m. before Magistrate Judge Peggy Kuo. Defendant Jim Piccilo and a representative of Defendant MIH CP Solutions, LLC must be present for the conference. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 12/16/2021. (O'Neil-Berven, Ryan) [Transferred from nyed on 5/19/2023.]
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| Filing 24 MOTION to Withdraw as Attorney by MIH CP Solutions, LLC, Jim Piccilo. (Attachments: #1 Exhibit A, #2 Exhibit B) (McCaughan Jr, William) [Transferred from nyed on 5/19/2023.] |
| Filing 23 Letter Pursuant to FRCP 5(d)(1) and Individual Rules IV(B)(3) by Tam Jian, Made In Brooklyn Inc. (Barrows, Michael) [Transferred from nyed on 5/19/2023.] |
| Filing 22 Letter Cover letter filed pursuant to FRCP 5(d)(1) by Tam Jian, Made In Brooklyn Inc. (Barrows, Michael) [Transferred from nyed on 5/19/2023.] |
| Filing 21 Letter regarding Notice of Motion and memorandum of law by MIH CP Solutions, LLC, Jim Piccilo (McCaughan Jr, William) [Transferred from nyed on 5/19/2023.] |
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ORDER: Defendants MIH CP Solutions, LLC's and Jim Piccilo's motion for an extension of time at #19 is granted. Defendants MIH CP Solutions, LLC's and Jim Piccilo's motion to dismiss for failure to state a claim is dismissed without prejudice for failing to comply with the Court's bundling rule. See Judge Kovner's Individual Rules IV.B. Defendants MIH CP Solutions and Piccilo may refile a letter, as did defendant Bryniczka at #18, and serve their motion on plaintiffs by 10/6/2021 (but the motion shall not be filed on the docket at that time). Plaintiff may serve a response on defendant by 11/6/2021 (but the response shall not be filed on the docket at that time). Defendant may serve a reply on plaintiff, if any, by 12/21/2021. The parties shall file all the documents associated with the fully-briefed motion with the Court by 12/21/2021. In light of defendant Bryniczka's renewed motion at #18, defendant's initial motion at #14 is denied as moot. Ordered by Judge Rachel P. Kovner on 9/30/2021. (Daus, Benjamin) [Transferred from nyed on 5/19/2023.]
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| Filing 20 MOTION to Dismiss for Failure to State a Claim by MIH CP Solutions, LLC, Jim Piccilo. (Attachments: #1 Exhibit A, #2 Exhibit B) (McCaughan Jr, William) [Transferred from nyed on 5/19/2023.] |
| Filing 19 Letter Motion Requesting Extension of Time to File Motion to Dismiss by MIH CP Solutions, LLC, Jim Piccilo (McCaughan Jr, William) [Transferred from nyed on 5/19/2023.] |
| Filing 18 Letter by Vince Bryniczka (Gordon, Brent) [Transferred from nyed on 5/19/2023.] |
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ORDER: A pre-motion conference is not necessary on the motions proposed at #16 and #17. Vince Bryniczka is granted leave to file his proposed motion to dismiss or transfer. MIH CP Solutions, LLC and Jim Piccilo is granted leave to file their proposed motion to dismiss. Those motions shall be served on or before 9/27/2021. Plaintiffs shall serve an opposition to each motion on or before 10/27/2021. Defendants shall serve replies, if any, on or before 11/10/2021. The parties shall comply with this Court's bundle rule. See Individual Rule IV.B.3. Ordered by Judge Rachel P. Kovner on 8/26/2021. (Lewis, Benjamin) [Transferred from nyed on 5/19/2023.]
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| Filing 17 Letter requesting pre-motion conference by MIH CP Solutions, LLC, Jim Piccilo (McCaughan Jr, William) [Transferred from nyed on 5/19/2023.] |
| Filing 16 Letter Motion to Dismiss or Transfer Venue by Vince Bryniczka (Gordon, Brent) [Transferred from nyed on 5/19/2023.] |
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SCHEDULING ORDER: The Telephone Initial Conference previously scheduled for July 13, 2021 is adjourned sine die. The parties are directed to file a joint proposed discovery plan within seven (7) days of a decision on any motion to change venue or anticipated motion to dismiss. Ordered by Magistrate Judge Peggy Kuo on 7/8/2021. (O'Neil-Berven, Ryan) [Transferred from nyed on 5/19/2023.]
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| Filing 15 AMENDED COMPLAINT against All Defendants, filed by Tam Jian, Made In Brooklyn Inc.. (Barrows, Michael) [Transferred from nyed on 5/19/2023.] |
| Filing 14 MOTION to Change Venue for inconvenient forum or dismiss for lack of personal jurisdiction by Vince Bryniczka. (Gordon, Brent) [Transferred from nyed on 5/19/2023.] |
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MINUTE ENTRY AND ORDER: A pre-motion conference was held by telephone before Judge Rachel P. Kovner on 6/8/2021. Michael Barrows appeared on behalf of plaintiffs Tam Jian and Made in Brooklyn, Inc. William Power McCaughan Jr appeared on behalf of MIH CP Solutions, LLC and Jim Piccilo. Brent Gordon appeared on behalf of Vince Bryniczka. The Court satisfied itself that diversity jurisdiction exists over this action. Plaintiffs are granted leave to file an amended complaint on or before 6/29/2021. Defendants are directed to file letters on or before 7/13/2021 stating whether they intend to move against the amended complaint or move to transfer. Ordered by Judge Rachel P. Kovner on 6/8/2021. (Court Reporter: Linda Marino) (Lewis, Benjamin). [Transferred from nyed on 5/19/2023.]
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| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE by Vince Bryniczka (Attachments: #1 Deed of James Piccillo, #2 Property Tax Record of James Piccillo) (Gordon, Brent) [Transferred from nyed on 5/19/2023.] |
| Filing 12 Letter by MIH CP Solutions, LLC, Jim Piccilo (McCaughan Jr, William) [Transferred from nyed on 5/19/2023.] |
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ORDER TO SHOW CAUSE: Defendant Vince Bryniczka removed this action to federal court on 4/19/2021. The #1 notice of removal based the Court's jurisdiction on diversity jurisdiction under 28 U.S.C. 1332, but the state-court complaint does not adequately allege that complete diversity exists between the parties. The complaint alleges that plaintiff Made In Brooklyn Inc has a principal place of business in New York, but the complaint does not allege the citizenship of plaintiff Tam Jian. Further, the complaint alleges that defendant MIH CP Solutions, LLC has a principal place of business in Florida, but the citizenship of an LLC for diversity purposes is the citizenship of each of its members. See Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012). Each party shall file a letter with the Court by 5/28/2021 that explains why the requirements for diversity jurisdiction are satisfied in this action. Ordered by Judge Rachel P. Kovner on 5/21/2021. (Lewis, Benjamin) [Transferred from nyed on 5/19/2023.]
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ORDER: Defendants' request for a pre-motion conference at #9 is granted. A pre-motion conference on defendants' proposed motion to dismiss will be held by telephone on 6/8/2021 at 12:00PM. An audio link will be available. The audio link can be accessed by dialing (888) 278-0296 and entering the access code 2012636. Ordered by Judge Rachel P. Kovner on 5/21/2021. (Lewis, Benjamin) [Transferred from nyed on 5/19/2023.]
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| Filing 11 Letter by Tam Jian, Made In Brooklyn Inc. (Capetola, Anthony) [Transferred from nyed on 5/19/2023.] |
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ORDER: Plaintiffs are directed to respond to defendants' request for a pre-motion conference at #9 on or before 5/21/2021. See Individual Rule IV.A.3. Ordered by Judge Rachel P. Kovner on 5/14/2021. (Lewis, Benjamin) [Transferred from nyed on 5/19/2023.]
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| Filing 10 MOTION to Appear Pro Hac Vice of Brent Gordon Filing fee $ 150, receipt number ANYEDC-14440261. by Vince Bryniczka. (Attachments: #1 Affidavit in Support of Motion to admit pro hac vice, #2 Exhibit to Affidavit) (Gordon, Brent) [Transferred from nyed on 5/19/2023.] |
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ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. Attorney Brent Gordan is permitted to appear pro hac vice on behalf of Defendant Vince Bryniczka. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 5/5/2021. (O'Neil-Berven, Ryan) [Transferred from nyed on 5/19/2023.]
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| Filing 9 Letter requesting pre-motion conference by MIH CP Solutions, LLC, Jim Piccilo (McCaughan Jr, William) [Transferred from nyed on 5/19/2023.] |
| Filing 8 NOTICE by MIH CP Solutions, LLC, Jim Piccilo re Order on Motion for Leave to Appear Pro Hac Vice,, (Attachments: #1 Proposed Order A) (McCaughan Jr, William) [Transferred from nyed on 5/19/2023.] |
| Filing 7 First MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14417123. by MIH CP Solutions, LLC, Jim Piccilo. (Attachments: #1 Affidavit, #2 Exhibit A) (McCaughan Jr, William) [Transferred from nyed on 5/19/2023.] |
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ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. Attorney William Power McCaughan Jr. is permitted to appear pro hac vice on behalf of Defendants MIH CP Solutions, LLC and Jim Piccilo. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 4/28/2021. (O'Neil-Berven, Ryan) [Transferred from nyed on 5/19/2023.]
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Filing 6
SCHEDULING ORDER: A Telephone Initial Conference will be held in this case on July 13, 2021 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)Counsel are directed to the annexed Initial Conference Order for instructions. By July 8, 2021, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Defendant's counsel is directed to ensure that Plaintiffs are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 4/27/2021. (O'Neil-Berven, Ryan) [Transferred from nyed on 5/19/2023.]
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| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) [Transferred from nyed on 5/19/2023.] |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) [Transferred from nyed on 5/19/2023.] |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) [Transferred from nyed on 5/19/2023.] |
| Filing 4 Civil Cover Sheet.. by Vince Bryniczka (Wedeen, Timothy) [Transferred from nyed on 5/19/2023.] |
| ***FINAL NOTICE:*** Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed ***2 PAGE FORM*** Civil Cover Sheet. Please resubmit a Completed ***SECOND:*** Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) [Transferred from nyed on 5/19/2023.] |
| Filing 3 Civil Cover Sheet.. by Vince Bryniczka (Wedeen, Timothy) [Transferred from nyed on 5/19/2023.] |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed ***2 PAGE FORM*** Civil Cover Sheet. Please resubmit a Completed ***SECOND:*** Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) [Transferred from nyed on 5/19/2023.] |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. Please refer to all corrections (specifically "Other" section) made on this case (Davis, Kimberly) [Transferred from nyed on 5/19/2023.] |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a completed 2 Page Form Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) [Transferred from nyed on 5/19/2023.] |
| Filing 1 NOTICE OF REMOVAL by vince bryniczka from Kings County Supreme, case number 500269/21. ( Filing fee $ 402 receipt number ANYEDC-14389143) (Wedeen, Timothy) [Transferred from nyed on 5/19/2023.] |
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