Park et al v. Song et al
| Eric Yu, Andrew Chang, Paul Lee, Stephen Park, Korilla BBQ LLC. and Thomas Yang |
| Aegis 42, LLC, Esther Choi, Aegis 233, LLC,, 3E LLC, Let Group, LLC,, Koast LLC, Kommissary LLC, White Tiger Named Korilla, LLC, Byung Keun Song, Hardy Chung, Grand Koast LLC, David Im, Edward Song, Korilla East Village Truck, Inc., John Doe 1-10, Korilla BBQ, LLC and William Song |
| 1:2020cv00077 |
| January 6, 2020 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on March 10, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 Letter MOTION for Reconsideration and reverse the Court's 2/21/2020 decision by Andrew Chang, Paul Lee, Stephen Park, Thomas Yang, Eric Yu. (Clarke, Melonie) |
| Filing 11 Notice of Civil Case Referral/Transfer to the U.S. Bankruptcy Court for the Eastern District of New York. (Marziliano, August) |
ORDER denying #8 motion to remand to state court and granting #9 motion to refer the case to bankruptcy court. This Court's jurisdiction exists, at least, on the basis of plaintiff's asserted Lanham Act claim. See 15 U.S.C. 1114; Parmalat Capital Fin. Ltd. v. Bank of Am. Corp., 639 F.3d 572, 579-80 (2d Cir. 2011). Because this case is at least related to defendants' Chapter 11 filings, the Court refers it to the bankruptcy court for further proceedings. Ordered by Judge Brian M. Cogan on 2/21/2020. (Weisberg, Peggy)
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| Filing 10 MEMORANDUM in Opposition to motion of Defendant Aegis 42, LLC to refer this action to the United States Bankruptcy Court for the Eastern District filed by All Plaintiffs. (Goldman, Samuel) |
| Filing 9 First MOTION to Refer/Remand to Bankruptcy Court by Aegis 42, LLC. (Morrison, Lawrence) |
| Filing 8 First MOTION to Remand to State Court by Andrew Chang, Paul Lee, Stephen Park, Thomas Yang, Eric Yu. (Goldman, Samuel) |
| Filing 7 STIPULATION re #6 Stipulation Corrected to Provide that Consent to Waive Venue Defect is also Without Prejudice to Plaintiff's right to seek Remand of Action to the State Court by Aegis 42, LLC (Morrison, Lawrence) |
| Filing 6 STIPULATION to Retain Venue by Aegis 42, LLC (Morrison, Lawrence) |
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ORDER denying as moot #5 Motion to Change Venue pursuant to stipulation #6 . Any party seeking to either (1) refer this action to the Bankruptcy Court; or (2) transfer this action to the SDNY as the most convenient venue shall file such motion by 2/11/20. Ordered by Judge Brian M. Cogan on 2/4/2020. (Cogan, Brian)
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| Filing 5 Letter MOTION to Change Venue Re Request for Referral to United States District Court Southern District of New York by Aegis 42, LLC. (Morrison, Lawrence) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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. (Bowens, Priscilla) |
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ORDER TO SHOW CAUSE. Aegis 42 has removed this case to the wrong district. Section 1452 of Title 28 requires removal to the district where the state court action is pending. The state court action is pending in the New York County Supreme Court, which is within the Southern District of New York. The Court recognizes that the removal statute may be inefficient in this way, but the Court does not see how it can ignore the plain language of the statute. Aegis 42 is therefore ORDERED TO SHOW CAUSE by 1/17/20 why this case should not be remanded to the New York County Supreme Court or transferred to the Southern District of New York. Show Cause Response due by 1/17/2020.Ordered by Judge Brian M. Cogan on 1/10/2020. (Cogan, Brian)
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ORDER deferring ruling on #5 . Aegis 42 is directed to contact all other parties to this action and attempt to agree upon a stipulation waiving the improper venue so that the case can remain in this district. If the Court transfers the case now to the Southern District of New York, it seems certain, based on the notice of removal, that Aegis 42 LLC will then ask the S.D.N.Y. to transfer it back here under 28 U.S.C. 1404(a) or 1412 so that it could be referred to the E.D.N.Y. Bankruptcy Court. Removal to the wrong venue is a waivable defect and the parties should attempt to work it out, without prejudice to plaintiffs' rights to oppose removal or referral to the E.D.N.Y. Bankruptcy Court. Ordered by Judge Brian M. Cogan on 1/10/2020. (Weisberg, Peggy)
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| Case assigned to Judge Brian M. Cogan. 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. (Bowens, Priscilla) |
| Filing 2 Civil Cover Sheet.. by Aegis 42, LLC (Morrison, Lawrence) |
| Filing 1 NOTICE OF REMOVAL by Aegis 42, LLC from New York Supreme Court- County of New York, case number 650186/2017. ( Filing fee $ 400 receipt number ANYEDC-12218980) (Attachments: #1 Exhibit Summons with Notice, #2 Exhibit Complaint, #3 Exhibit Amended Complaint, #4 Exhibit Suggestion of Bankruptcy) (Morrison, Lawrence) |
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