DIALECTIC DISTRIBUTION, LLC. v. 212 PINCREST ROAD, LLC et al
| DIALECTIC DISTRIBUTION, LLC. |
| 80 Larkin Place, LLC, 631 Irving Place, LLC, 432 Harnell Avenue, LLC, 1633 Holbrook Street, LLC, 212 Pinecrest Road, LLC, 367 Lake Ave, LLC and 451 HARNELL AVE, LLC. |
| 2:2024cv11388 |
| December 23, 2024 |
| U.S. District Court for the District of New Jersey |
| Andre M Espinosa |
| Jamel K Semper |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Both |
Docket Report
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This docket was last retrieved on February 10, 2025. A more recent docket listing may be available from PACER.
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| Filing 14 RESPONSE in Support filed by DIALECTIC DISTRIBUTION, LLC. re #12 MOTION to Appoint Receiver or Fiscal Agent (RUBENSTEIN, DAVID) |
| Filing 13 BRIEF in Opposition filed by 451 HARNELL AVE, LLC., 212 PINECREST ROAD, LLC, 367 LAKE AVE, LLC, 1633 HOLBROOK STREET, LLC, 631 IRVING PLACE, LLC, 80 LARKIN PLACE, LLC, 432 HARNELL AVENUE, LLC re #12 MOTION to Appoint Receiver or Fiscal Agent (MILLER, DAVID) |
| Set Deadlines as to #12 MOTION to Appoint Receiver or Fiscal Agent. Motion set for 2/18/2025 before Magistrate Judge Andre M. Espinosa. 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. (adc, ) |
| Filing 12 MOTION to Appoint Receiver or Fiscal Agent by DIALECTIC DISTRIBUTION, LLC.. (Attachments: #1 Brief Brief in Support of Motion, #2 Declaration Declaration of Rubenstein, #3 Exhibit A - Verified Complaint)(RUBENSTEIN, DAVID) |
Filing 11
ORDER that Plaintiff's motion for temporary restraining order and preliminary injunction (ECF 7) is DENIED; that Defendants' submissions (ECF 4; ECF 5; ECF 6) demonstrate diversity of the parties and amount in controversy over $75,000 satisfying subject matter jurisdiction. Signed by Judge Jamel K. Semper on 1/2/2025. (ld)
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| Filing 10 Minute Entry for proceedings held before Judge Jamel K. Semper: Hearing held on the Order to Show Cause (DE #2) and the plaintiff's application for a Temporary Restraining Order and Preliminary Injunction (DE #1-1) held on 1/2/2025. ORDERED Plaintiff's application for a Temporary Restraining Order and Preliminary Injunction is denied; etc. (Court Reporter, Laurie Engemann (973-776-7714)) (sms) |
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Filing 9
TEXT ORDER: The Court is in receipt of the parties' filings. Oral argument is now scheduled for January 2, 2025 at 11:00 a.m. via Teams video conference before District Judge Jamel Semper. #Click here to join the meeting . The meeting ID is 272 118 874 675 and the passcode is vA9bN2QP. So Ordered by Judge Jamel K. Semper on 1/1/2025. (sms)
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| Filing 8 Letter from Plaintiff seeking permission to file nunc pro tunc and permission to appear virtually re #2 Order to Show Cause,,. (RUBENSTEIN, DAVID) |
| Filing 7 BRIEF by Plaintiff in Support of Order to Show Cause for an Injunction (RUBENSTEIN, DAVID) |
| CLERK'S QUALITY CONTROL MESSAGE - The #5 Diversity Disclosure Statement filed by DAVID EMANUEL MILLER on 12/30/2024 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our #website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (mxw, ) |
| Filing 6 DECLARATION re #2 Order to Show Cause,, by 451 HARNELL AVE, LLC., 212 PINECREST ROAD, LLC, 367 LAKE AVE, LLC, 1633 HOLBROOK STREET, LLC, 432 HARNELL AVENUE, LLC. (MILLER, DAVID) |
| Filing 5 Diversity Disclosure Statement by 451 HARNELL AVE, LLC., 212 PINECREST ROAD, LLC, 367 LAKE AVE, LLC, 1633 HOLBROOK STREET, LLC, 631 IRVING PLACE, LLC, 80 LARKIN PLACE, LLC, 432 HARNELL AVENUE, LLC. (MILLER, DAVID) (Main Document 5 replaced on 12/31/2024) (mxw, ). |
| Filing 4 AFFIDAVIT by 451 HARNELL AVE, LLC., 212 PINECREST ROAD, LLC, 367 LAKE AVE, LLC, 1633 HOLBROOK STREET, LLC, 631 IRVING PLACE, LLC, 80 LARKIN PLACE, LLC, 432 HARNELL AVENUE, LLC. (Attachments: #1 Exhibit LLC Resolutions, #2 Exhibit Deed to Ari and Leah Cameo's Residence, #3 Exhibit Cameo ConEd Bill December 2024, #4 Exhibit Cameo School Tuition Bill 2024-2025, #5 Exhibit Shoshona Ostron's Current Driver License, #6 Exhibit Malakh National Grid Bill December 2024, #7 Exhibit Doyaga Cameo Ostron Settlement Agreement, #8 Exhibit Trustee distribution settlement payout)(MILLER, DAVID) |
| 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. (wh) |
| CLERK'S QUALITY CONTROL MESSAGE - The #1 NOTICE OF REMOVAL filed by DAVID MILLER on 12/23/2024 was submitted with a Corporate Disclosure Statement as an attachment. For future reference, Counsel is advised that the Corporate Disclosure Statement should be filed as a separate entry USING the event CORPORATE DISCLOSURE STATEMENT found under Other Filings -> Other Documents. The Clerk's Office has refiled the Corporate Disclosure Statement under ECF No. #3 . This message is for informational purposes only. (wh) |
| CLERK'S QUALITY CONTROL MESSAGE - The #1 -5 Civil Cover Sheet filed by DAVID MILLER on 12/23/2024 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our #website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (wh) |
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Filing 2
ORDER TO SHOW CAUSE; that Defendants appear and show cause before this Court on January 2, 2024, at 11:00 AM, before the Honorable Jamel K. Semper, U.S.D.J., at the United States District Court for the District of New Jersey, Frank R. Lautenberg Post Office and Courthouse, Newark, NJ, why the Court should not dismiss this matter for lack of subject matter jurisdiction. Show Cause Hearing set for 1/2/2025 at 11:00 AM in Newark - PO Courtroom 3 before Judge Jamel K. Semper. Signed by Judge Jamel K. Semper on 12/26/2024. (ld)
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| Judge Jamel K. Semper and Magistrate Judge Andre M. Espinosa added. (ps) |
| Filing 3 Corporate Disclosure Statement by 451 HARNELL AVE, LLC., 212 PINECREST ROAD, LLC, 367 LAKE AVE, LLC, 1633 HOLBROOK STREET, LLC, 631 IRVING PLACE, LLC, 80 LARKIN PLACE, LLC, 432 HARNELL AVENUE, LLC. (wh) |
| Filing fee received from David Miller: $ 405.00, receipt number ANJDC-15898105. (wh) |
| Filing 1 NOTICE OF REMOVAL by 212 PINECREST ROAD, LLC, 367 LAKE AVE, LLC, 1633 HOLBROOK STREET, LLC, 631 IRVING PLACE, LLC, 80 LARKIN PLACE, LLC, 432 HARNELL AVENUE, LLC, 451 HARNELL AVE, LLC., from Superior Court of New Jersey, case number BER-L-6805-24., filed by 212 PINECREST ROAD, LLC, 367 LAKE AVE, LLC, 1633 HOLBROOK STREET, LLC, 631 IRVING PLACE, LLC, 80 LARKIN PLACE, LLC, 432 HARNELL AVENUE, LLC, 451 HARNELL AVE, LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Answer, #3 Consent to Removal, #4 Rule 7.1 Disclosure, #5 Civil Cover Sheet, #6 Exhibit Proof of Payment of Filing Fee)(MILLER, DAVID) (Attachment 5 replaced on 12/27/2024) (wh). Modified on 12/27/2024 (wh). |
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