Kellner v. Better Business Bureau et al
| Better Business Bureau and President/CEO Jacob Kellner |
| Better Business Bureau, (BBB) |
| 1:2020cv04937 |
| October 14, 2020 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Rachel P Kovner |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 2, 2022. A more recent docket listing may be available from PACER.
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| Filing 18 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 10, 2021, before Judge Rachel P. Kovner. Court Reporter/Transcriber David R Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/23/2022. Redacted Transcript Deadline set for 2/2/2022. Release of Transcript Restriction set for 4/2/2022. (Roy, David) |
| Filing 17 CLERK'S JUDGMENT that defendants motion to dismiss is granted; and that this case is dismissed. Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 10/22/2021. (Herrera, Isaiah) |
ORDER DISMISSING CASE: On 9/10/2021, the Court granted defendant's motion to dismiss #14 and gave plaintiff 21 days to file a second amended complaint. Plaintiff has not done so. Accordingly, the case is dismissed, and the clerk of court is directed to enter judgment. Ordered by Judge Rachel P. Kovner on 10/21/2021. (Daus, Benjamin)
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MINUTE ENTRY AND ORDER: The Court held an oral argument on 9/10/2021. Vincent F. Spata appeared for plaintiff, and Robert Selvers appeared for defendant. For the reasons stated on the record, defendant's motion to dismiss at #14 is granted. Plaintiff has 21 days to file a motion for leave to file a second amended complaint. Any motion must attach the proposed second amended complaint as an exhibit. Otherwise, the case shall be closed. Ordered by Judge Rachel P. Kovner on 9/10/2021. (Court Reporter: David Roy) (Daus, Benjamin)
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SCHEDULING ORDER: The telephonic oral argument that was scheduled on 8/20/2021 at 12:00 PM on defendant's motion to dismiss at #14 is adjourned to 9/10/2021 at 2:00 PM. An audio link will be available for the parties and the public. To join the teleconference, the parties are instructed to call (888) 278-0296 and enter the access code 2012636. Ordered by Judge Rachel P. Kovner on 8/23/2021 (Chan, Tsz) Modified on 8/23/2021 (Chan, Tsz).
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SCHEDULING ORDER: A telephonic oral argument is scheduled for 12:00 PM on 8/20/2021 on defendant's motion to dismiss at #14 . An audio link will be available for the parties and the public. To join the teleconference, the parties are instructed to call (888) 278-0296 and enter the access code 2012636. Ordered by Judge Rachel P. Kovner on 8/11/2021. (Lewis, Benjamin)
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| Filing 16 REPLY in Support re #14 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction , #15 Affidavit in Opposition to Motion, #8 MOTION to Dismiss for Failure to State a Claim , Order filed by Better Business Bureau, (BBB). (Attachments: #1 Declaration of Robert L. Selvers, Esq., #2 Affirmation of Service) (Selvers, Robert) |
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ORDER: For the motion to dismiss at #14 , Defendant shall file a reply, if any, on or before 2/24/2021. Ordered by Judge Rachel P. Kovner on 2/17/2021. (Lewis, Benjamin)
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| Filing 15 AFFIDAVIT/DECLARATION in Opposition re #14 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Jacob Kellner. (Spata, Vincent) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Better Business Bureau, (BBB). (Attachments: #1 Declaration of Melissa Companick in support of Motion to Dismiss, #2 Brief in support of Motion to Dismiss, #3 Proposed Order to Dismiss the Complaint) (Selvers, Robert) |
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Filing 13
ORDER: Plaintiff Jacob Kellner files a motion to amend his complaint in response to defendant's motion to dismiss. ECF No. 10. The Court has compared the proposed amended complaint to the original complaint and notes that it adds no new claims, facts, or defendants. As the amended complaint is functionally identical to the original complaint, plaintiff's motion to amend is granted. Defendant's motion to dismiss, ECF No. 8, shall be marked as withdrawn without prejudice, and defendant shall re-file its motion to dismiss the amended complaint by February 11, 2021. Ordered by Magistrate Judge Lois Bloom on 1/28/2021. (Van Buren, Ethan)
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ORDER REFERRING MOTION: The affidavit at #10 is read as a motion to amend the complaint. That motion is respectfully referred to Judge Bloom. Consideration of the motion to dismiss at #8 is deferred on the possibility that the motion to amend may change the operative complaint. The briefing schedule on #8 is held in abeyance until the motion to amend is resolved. Ordered by Judge Rachel P. Kovner on 01/27/2021. (Lewis, Benjamin)
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| Filing 12 AMENDED COMPLAINT against Better Business Bureau, (BBB), filed by Jacob Kellner. (Spata, Vincent) |
| Filing 11 NOTICE of Appearance by Vincent F. Spata on behalf of Jacob Kellner (aty to be noticed) (Spata, Vincent) |
| Filing 10 AFFIDAVIT/DECLARATION in Opposition re #8 MOTION to Dismiss for Failure to State a Claim filed by Jacob Kellner. (Spata, Vincent) Modified on 1/27/2021 to convert into Motion to Amend (Almonte, Giselle). |
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ORDER: Plaintiff is directed to respond to the #8 motion to dismiss on or before 01/28/2021. Defendant shall file a reply, if any, on or before 02/11/2021. The clerk of court is directed to mail to Plaintiff (i) this electronic order, (ii) a copy of the docket in this action, and (iii) a copy of the motion to dismiss at #8 with accompanying attachments. Ordered by Judge Rachel P. Kovner on 12/28/2020 (Lewis, Benjamin)
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| Case Reassigned to Judge Rachel P. Kovner. Judge Diane Gujarati no longer assigned to the case. 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. (Mahoney, Brenna) |
| Case Reassigned to Judge Diane Gujarati. Judge Rachel P. Kovner no longer assigned to the case. 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. (Mahoney, Brenna) |
| Filing 9 NOTICE by Better Business Bureau, (BBB) re #8 MOTION to Dismiss for Failure to State a Claim (Selvers, Robert) |
| Filing 8 MOTION to Dismiss for Failure to State a Claim by Better Business Bureau, (BBB). (Attachments: #1 Declaration Declaration of Melissa Companick, #2 Proposed Order, #3 Memorandum in Support) (Selvers, Robert) |
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ORDER: The defendant's #7 letter is read as a motion for extension of time to file an answer or otherwise respond to the complaint. That motion is granted. The defendant may file an answer or otherwise respond to the complaint on or before 12/04/2020. Ordered by Judge Rachel P. Kovner on 11/17/2020. (Lewis, Benjamin).
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| Filing 7 Letter from Robert L. Selvers, Esq. to Judge Kovner, U.S.D.J. by Better Business Bureau, (BBB) (Selvers, Robert) |
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ORDER: The parties' filings have sufficiently demonstrated that there is federal diversity jurisdiction over this action. The defendants shall file an answer or otherwise respond to the amended complaint on or before 11/23/2020. Ordered by Judge Rachel P. Kovner on 11/02/2020. (Lewis, Benjamin)
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| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE by Jacob Kellner (Almonte, Giselle) |
| Filing 5 RESPONSE TO ORDER TO SHOW CAUSE by Better Business Bureau, (BBB) (Selvers, Robert) |
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ORDER TO SHOW CAUSE: Defendant removed this lawsuit to federal court on the ground that a proposed amended complaint that plaintiff e-mailed to the defendant would allow for federal diversity jurisdiction. See 28 U.S.C. 1441(a). However, the defendant represents that it "cannot confirm whether the Amended Complaint has in fact been filed" in state court. Because federal jurisdiction would appear to be proper only if plaintiff did actually file the proposed amended complaint in state court, the parties are directed to file letters on or before 10/23/2020, stating whether the proposed amended complaint was filed and, if so, on what date. Ordered by Judge Rachel P. Kovner on 10/18/2020. (Lewis, Benjamin)
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| 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) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal by Better Business Bureau, (BBB) (Selvers, Robert) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Lois Bloom. 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 1 NOTICE OF REMOVAL by Better Business Bureau from Supreme Court County of Kings, case number 1499/20. ( Filing fee $ 400 receipt number ANYEDC-13522740) (Attachments: #1 Certificate of Service) (Selvers, Robert) |
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