MAGAZU v. CHILENO BAY FAMILY OFFICE, LLC et al
| MARK MAGAZU |
| CHILENO BAY FAMILY OFFICE, LLC, BELPOINTE ASSET MANAGEMENT, LLC and SHELDON DYCK |
| 1:2023cv04352 |
| August 11, 2023 |
| US District Court for the District of New Jersey |
| Renee Marie Bumb |
| Ann Marie Donio |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal- Breach of Contract |
| Plaintiff |
Docket Report
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Set Deadlines as to #19 MOTION to Strike #1 Notice of Removal. Motion set for 11/6/2023 before Chief Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mag)
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Set Deadlines as to #18 MOTION to Dismiss PLAINTIFF'S COMPLAINT. Motion set for 11/6/2023 before Chief Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mag)
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Filing 19
MOTION to Strike #1 Notice of Removal, by CHILENO BAY FAMILY OFFICE, LLC, SHELDON DYCK. (Attachments: #1 MEMO OF LAW OF DEFTS IN SUPPORT OF THEIR MOTION TO STRIKE PARA 24 OF PLTS COMPLAINT, #2 EXHIBIT B, #3 PROPOSED ORDER, #4 CERT OF SERVICE)(BRUNETTI, ALFRED)
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Filing 18
MOTION to Dismiss PLAINTIFF'S COMPLAINT by CHILENO BAY FAMILY OFFICE, LLC, SHELDON DYCK. (Attachments: #1 MEMO OF LAW OF DEFTS CHILENO IN SUPPORT OF THEIR MOTION TO DISMISS, #2 Exhibit EXHIBIT A, #3 Exhibit EXHIBIT B, #4 PROPOSED ORDER, #5 CERT OF SERVICE)(BRUNETTI, ALFRED)
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Set Deadlines as to #17 MOTION to Dismiss Plaintiff's Complaint. Motion set for 11/6/2023 before Chief Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (alb, )
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Filing 17
MOTION to Dismiss Plaintiff's Complaint by BELPOINTE ASSET MANAGEMENT, LLC. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Certificate of Service)(ZLOTNICK, SCOTT)
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Filing 16
TEXT ORDER This matter comes before the Court upon the pre-motion letters filed after its August 31, 2023, Text Order. [Docket Nos. 11, 13.] It appearing that Plaintiff intends not to file an amended complaint, and having considered the arguments contained in the parties' recent submissions, the Court does not believe that a pre-motion conference is warranted. Thus, Defendants may file their contemplated motions if they so wish. However, the Court cautions the parties: it expects that all arguments submitted in connection with Defendants' proposed motions, including the contention of Defendants Chileno Bay Family Office, LLC and Sheldon Dyck that the Court lacks personal jurisdiction over them, to be sufficiently well grounded. As the parties know, the Court discourages unnecessary motion practice. So Ordered by Chief Judge Renee Marie Bumb on 09/20/2023. (Costigan, Roberta)
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Filing 15
ORDER granting #10 Motion for Leave to Appear Pro Hac Vice as to Philip M. Giordano. Signed by Magistrate Judge Ann Marie Donio on 9/18/2023. (alb, )
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Filing 14
ORDER granting #6 Motion for Leave to Appear Pro Hac Vice as to David F. McComb. Signed by Magistrate Judge Ann Marie Donio on 9/12/2023. (alb, )
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Filing 13
Letter from Dante Parenti, Esq. re #11 Letter. (PARENTI, DANTE)
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Filing 12
NOTICE of Appearance by JOHN P. LEONARD on behalf of CHILENO BAY FAMILY OFFICE, LLC, SHELDON DYCK (LEONARD, JOHN)
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Filing 11
Letter from Alfred R. Brunetti, Esq.. (BRUNETTI, ALFRED)
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Filing 10
MOTION for Leave to Appear Pro Hac Vice by CHILENO BAY FAMILY OFFICE, LLC, SHELDON DYCK. (Attachments: #1 Certification CERT OF COUNSEL, #2 Text of Proposed Order ORDER, #3 Certificate of Service CERTIFICATE OF SERVICE)(BRUNETTI, ALFRED)
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Set Deadlines as to #10 MOTION for Leave to Appear Pro Hac Vice . Motion set for 10/2/2023 before Magistrate Judge Ann Marie Donio. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (alb, )
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Filing 9
TEXT ORDER This matter comes before the Court upon the Motion to Dismiss filed by Defendant Belpointe Asset Management, LLC ("Defendant Belpointe") [Docket No. 4] and the responsive letter filed by Plaintiff Mark Magazu ("Plaintiff") [Docket No. 8]. Having reviewed both submissions, the Court determines that a pre-motion conference is not warranted at this time. Instead, the Court will permit Plaintiff to file an Amended Complaint no later than fourteen (14) days from the date of this Text Order, provided that Plaintiff can, in good faith, remedy its prior pleading deficiencies concerning Defendant Belpointe. If the Court later determines that Plaintiff lacks a good-faith basis to assert its claims against Defendant Belpointe, the Court will impose an appropriate sanction pursuant to Federal Rule of Civil Procedure 11. So Ordered by Chief Judge Renee Marie Bumb on 08/31/2023. (Costigan, Roberta)
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Filing 8
Letter from Dante Parenti, Esq. for Mark Magazu. (PARENTI, DANTE)
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Filing 7
Diversity Disclosure Statement by MARK MAGAZU. (PARENTI, DANTE)
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Set Deadlines as to #6 MOTION for Leave to Appear Pro Hac Vice . Motion set for 9/18/2023 before Magistrate Judge Ann Marie Donio. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (alb, )
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Filing 6
MOTION for Leave to Appear Pro Hac Vice by BELPOINTE ASSET MANAGEMENT, LLC. (Attachments: #1 Text of Proposed Order, #2 Certification, #3 Exhibit, #4 Certificate of Service)(ZLOTNICK, SCOTT)
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Filing 5
TEXT ORDER This matter comes before the Court upon a Motion to Dismiss by Defendant Belpointe Asset Management, LLC ("Defendant"). [Docket No. 4.] Pursuant to the Court's Individual Rules and Procedures I.A, (https://www.njd.uscourts.gov/sites/njd/files/ProceduresJudgeReneeMarieBumb.pdf ), "[i]n an effort to resolve cases expeditiously, before bringing a motion to dismiss,... a party must submit a letter" described therein. Defendant having failed to do so, the motion is hereby ADMINISTRATIVELY TERMINATED. However, since the motion is only six (6) pages and limited to the narrow issue surrounding Defendant's involvement in this suit, the Court will construe the motion as a letter request for a pre-motion conference. Plaintiff Mark Magazu is hereby ORDERED to file a letter response not to exceed three (3) single-spaced pages within seven (7) days from the date hereof so the Court can determine whether to hold a pre-motion conference. Going forward, the parties must comply with the Court's Individual Rules and Procedures. So Ordered by Chief Judge Renee Marie Bumb on 08/17/2023. (Costigan, Roberta)
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Filing 4
MOTION to Dismiss Plaintiff's Complaint by BELPOINTE ASSET MANAGEMENT, LLC. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Certificate of Service)(ZLOTNICK, SCOTT)
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Filing 3
Diversity Disclosure Statement by BELPOINTE ASSET MANAGEMENT, LLC, CHILENO BAY FAMILY OFFICE, LLC, SHELDON DYCK. (ZLOTNICK, SCOTT)
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Set Deadlines as to #4 MOTION to Dismiss Plaintiff's Complaint. Motion set for 9/18/2023 before Chief Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mag)
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CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1(a)(2), unless the Court orders otherwise, in any action filed or removed to this Court, in which jurisdiction is based upon diversity under 28 U.S.C. 1332(a), a party or intervenor must file a disclosure statement naming and identifying the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. A party, intervenor or proposed intervenor must file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the Court. #Click here to complete the Diversity Disclosure Statement, once complete, file it using the event Diversity Disclosure Statement. (jab)
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Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (jab)
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CASE REFERRED to Arbitration. (jab)
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Filing 2
Corporate Disclosure Statement by BELPOINTE ASSET MANAGEMENT, LLC. (ZLOTNICK, SCOTT)
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Filing 1
NOTICE OF REMOVAL by SHELDON DYCK, BELPOINTE ASSET MANAGEMENT, LLC, CHILENO BAY FAMILY OFFICE, LLC from Superior Court of New Jersey, Gloucester County, case number GLO-L-774-23. ( Filing and Admin fee $ 402 receipt number ANJDC-14520176), filed by SHELDON DYCK, BELPOINTE ASSET MANAGEMENT, LLC, CHILENO BAY FAMILY OFFICE, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(ZLOTNICK, SCOTT)
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Chief Judge Renee Marie Bumb and Magistrate Judge Ann Marie Donio added. (dmw)
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