ICEBOX-SCOOPS, LLC v. AXIL CORPORATION et al
| ICEBOX-SCOOPS, LLC and ICEBOX, INCORPORATED |
| AXIL CORPORATION, GEI CONSULTANTS, RICHARD DOUGHERTY and CHRISTOPHER DAILEY |
| 2:2023cv01346 |
| March 10, 2023 |
| US District Court for the District of New Jersey |
| Claire C Cecchi |
| Edward S Kiel |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal- Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on April 26, 2023. A more recent docket listing may be available from PACER.
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Filing 25
ORDER granting Plaintiff leave to file an amended complaint by May 10, 2023. The Clerk of the Court is directed to terminate the Motion #16 . A telephone conference is scheduled for June 29, 2023 at 10:30 a.m. Signed by Magistrate Judge Edward S. Kiel on 4/26/2023. (qa, )
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| Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Conference held on 4/26/2023. (sms) |
| Filing 24 Letter from Counsel, Joint Status Letter. (JOHNSON, JOHN) |
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Filing 23
TEXT ORDER: Pursuant to the Text Order filed on April 14, 2023 (ECF No. 20), the parties are reminded of the telephone status conference scheduled for April 26, 2022 at 10:30 a.m. and their obligation to file a joint status letter at least three days before the conference. So Ordered by Magistrate Judge Edward S. Kiel on 4/18/2023. (sms)
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| Filing 22 Certification of Jordan Gottheim, Esq. on behalf of ICEBOX-SCOOPS, LLC. (Attachments: #1 Exhibit A- Proof of Service on Defendant Dougherty, #2 Exhibit B- Proof of Service on Defendant Axil Corporation)(GOTTHEIM, JORDAN) |
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Filing 21
LETTER ORDER granting the #19 Defendants' Request for an extension until May 12, 2023, to answer and/or respond to Plaintiff's verified complaint. Signed by Magistrate Judge Edward S. Kiel on 4/17/2023. (qa, )
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Filing 20
TEXT ORDER: Pursuant to the parties' request, the telephone status conference previously scheduled for April 21, 2023 (ECF No. 17 ) is adjourned to April 26, 2023 at 10:30 a.m. So Ordered by Magistrate Judge Edward S. Kiel on 4/14/2023. (sms)
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| Filing 19 Letter from Scott K. Winikow/GEI. (WINIKOW, SCOTT) |
| Filing 18 Letter. (JOHNSON, JOHN) |
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Filing 17
TEXT ORDER: Plaintiff's counsel having failed to comply with the Court's April 3, 2023 order (ECF No. 15), plaintiff's counsel is DIRECTED to file a declaration completely analyzing the citizenship of plaintiff limited liability company in compliance with the standing # order concerning unincorporated business organizations by APRIL 17, 2023. In addition, a telephone conference is scheduled for APRIL 21, 2023 at 10:30 a.m. The dial in number is 1-888-684-8852 and the access code is 310-0383#. So Ordered by Magistrate Judge Edward S. Kiel on 4/12/2023. (bms)
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| Set Deadlines as to #16 MOTION to Dismiss Plaintiff's Complaint. Motion set for 5/15/2023 before Judge Claire C. Cecchi. 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. (qa, ) |
| Filing 16 MOTION to Dismiss Plaintiff's Complaint by AXIL CORPORATION, RICHARD DOUGHERTY. (JOHNSON, JOHN) |
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Filing 15
TEXT ORDER: Plaintiff's March 31, 2023 response (ECF No. #13 ) to the March 13, 2023 order (ECF No. 3) is insufficient. First, plaintiff is a limited liability company, and thus it must completely analyze its citizenship under the standing # order concerning unincorporated business organizations. Second, if plaintiff seeks remand based on the forum-defendant bar, untimeliness, or lack of defendants' unanimity, then plaintiff must file a formal motion for such relief within 30 days of removal. By no later than MONDAY, APRIL 10, 2023, plaintiff must: (1) properly respond to the Court's citizenship inquiry; and (2) file a formal motion to remand. So Ordered by Magistrate Judge Edward S. Kiel on 4/3/2023. (bms)
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| Filing 14 NOTICE by AXIL CORPORATION, RICHARD DOUGHERTY Withdrawal of Appearance of Rhonda Fulginiti (FULGINITI, RHONDA) |
| Filing 13 Certification of Jordan Gottheim, Esq. on behalf of All Plaintiffs. (Attachments: #1 Exhibit A- Delaware Department of State, Division of Corporations: Entity Details (Icebox-Scoops LLC))(GOTTHEIM, JORDAN) |
| Filing 12 NOTICE of Appearance by JORDAN GOTTHEIM on behalf of All Plaintiffs (GOTTHEIM, JORDAN) |
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Filing 11
TEXT ORDER: Pursuant to plaintiff's telephonic request on March 31, 2023, plaintiff's time to respond to the Court's March 13, 2023 order (ECF No. 3) is extended to Monday, April 3, 2023. So Ordered by Magistrate Judge Edward S. Kiel on 3/31/2023. (bms)
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| CLERK'S QUALITY CONTROL MESSAGE - The #12 Notice of Appearance submitted by Jordan Gottheim on 3/31/2023 appears to have address information that does not match the court's records for this case. Please refer to the court's website at www.njd.uscourts.gov for information and instructions on maintaining your account. (qa, ) |
| Filing 10 NOTICE of Appearance by SCOTT KENNETH WINIKOW on behalf of CHRISTOPHER DAILEY (WINIKOW, SCOTT) |
| Filing 9 NOTICE of Appearance by SCOTT KENNETH WINIKOW on behalf of GEI CONSULTANTS (WINIKOW, SCOTT) |
| Filing 8 Certification on behalf of AXIL CORPORATION. (JOHNSON, JOHN) |
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Filing 7
TEXT ORDER: Plaintiff's time to respond to the Court's March 13, 2023 order is extended to Friday, March 31, 2023. Plaintiff's counsel is directed to contact the Clerk's Office to update his PACER account. Defendants' counsel is directed to serve a copy of this order and the March 13, 2023 order upon plaintiff's counsel by email, and to file proof of service by Tuesday, March 28, 2023. So Ordered by Magistrate Judge Edward S. Kiel on 3/25/2023. (bms)
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| Filing 6 AMENDED DOCUMENT by AXIL CORPORATION, RICHARD DOUGHERTY. Amendment to 3 Order,,,,,, Amended Declaration of Rhonda M. Fulginiti. (FULGINITI, RHONDA) |
| Filing 5 DECLARATION of Rhonda Fulginiti re 3 Order,,,,,, by AXIL CORPORATION, RICHARD DOUGHERTY. (FULGINITI, RHONDA) |
| Filing 4 NOTICE of Appearance by RHONDA M. FULGINITI on behalf of AXIL CORPORATION, RICHARD DOUGHERTY (FULGINITI, RHONDA) |
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Filing 3
TEXT ORDER: This case was removed under diversity jurisdiction. The parties' citizenship information is insufficient to determine if complete diversity exists. The timeliness of removal is also unclear. Plaintiff is ordered to file a declaration: (1) completely analyzing its organizational nature and citizenship in compliance with the Court's standing # order if it is an unincorporated business organization or 28 U.S.C. (Section) 1332(c)(1) if it is a corporation; and (2) stating the dates and proofs of when each defendant was served, if at all, and assessing whether the removal: (a) was untimely, (b) violated the forum-defendant bar of Section 1441(b)(2), and (c) violated the rule of unanimity, see First Am. Title Ins. Corp. v. JPMorgan Chase & Co., 384 F.App'x 64, 66 (3d Cir. 2010). Removing defendants are ordered to file a declaration setting forth: (1) the full addresses, municipalities, and states in which defendants Richard Dougherty and Christopher Dailey are domiciled as opposed to reside; (2) the state(s) in which defendant GEI Consultants, Inc. is incorporated and has its principal place of business; and (3) the state(s) in which defendant Axil Corporation was incorporated and had its principal place of business when it was dissolved, see N.J.S.A. 14A:12-9(2)(e); 8 Del.C. 278. The parties shall file their declarations, on personal knowledge and not on information belief, with a jurat complying with Section 1746 by March 20, 2023. So Ordered by Magistrate Judge Edward S. Kiel on 3/13/2023. (bms)
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| Filing 2 Corporate Disclosure Statement by AXIL CORPORATION, RICHARD DOUGHERTY. (JOHNSON, JOHN) |
| Filing 1 NOTICE OF REMOVAL by RICHARD DOUGHERTY, AXIL CORPORATION from Superior Court of New Jersey, Middlesex County, case number MID-L-00615-23. ( Filing and Admin fee $ 402 receipt number ANJDC-14146551), filed by RICHARD DOUGHERTY, AXIL CORPORATION. (Attachments: #1 Exhibit A - D, #2 Civil Cover Sheet)(JOHNSON, JOHN) |
| Case assigned to Judge Claire C. Cecchi and Magistrate Judge Edward S. Kiel. (jr) |
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