Jian et al v. MIH CP Solutions, LLC et al
| tam jian and made in brooklyn inc. |
| marco moran, vince bryniczka, mih cp solutions, llc and jim piccilo |
| 1:2021cv02148 |
| April 19, 2021 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Peggy Kuo |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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| Filing 14 MOTION to Change Venue for inconvenient forum or dismiss for lack of personal jurisdiction by Vince Bryniczka. (Gordon, Brent) |
MINUTE ENTRY AND ORDER: A pre-motion conference was held by telephone before Judge Rachel P. Kovner on 6/8/2021. Michael Barrows appeared on behalf of plaintiffs Tam Jian and Made in Brooklyn, Inc. William Power McCaughan Jr appeared on behalf of MIH CP Solutions, LLC and Jim Piccilo. Brent Gordon appeared on behalf of Vince Bryniczka. The Court satisfied itself that diversity jurisdiction exists over this action. Plaintiffs are granted leave to file an amended complaint on or before 6/29/2021. Defendants are directed to file letters on or before 7/13/2021 stating whether they intend to move against the amended complaint or move to transfer. Ordered by Judge Rachel P. Kovner on 6/8/2021. (Court Reporter: Linda Marino) (Lewis, Benjamin).
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| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE by Vince Bryniczka (Attachments: #1 Deed of James Piccillo, #2 Property Tax Record of James Piccillo) (Gordon, Brent) |
| Filing 12 Letter by MIH CP Solutions, LLC, Jim Piccilo (McCaughan Jr, William) |
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ORDER TO SHOW CAUSE: Defendant Vince Bryniczka removed this action to federal court on 4/19/2021. The #1 notice of removal based the Court's jurisdiction on diversity jurisdiction under 28 U.S.C. 1332, but the state-court complaint does not adequately allege that complete diversity exists between the parties. The complaint alleges that plaintiff Made In Brooklyn Inc has a principal place of business in New York, but the complaint does not allege the citizenship of plaintiff Tam Jian. Further, the complaint alleges that defendant MIH CP Solutions, LLC has a principal place of business in Florida, but the citizenship of an LLC for diversity purposes is the citizenship of each of its members. See Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012). Each party shall file a letter with the Court by 5/28/2021 that explains why the requirements for diversity jurisdiction are satisfied in this action. Ordered by Judge Rachel P. Kovner on 5/21/2021. (Lewis, Benjamin)
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ORDER: Defendants' request for a pre-motion conference at #9 is granted. A pre-motion conference on defendants' proposed motion to dismiss will be held by telephone on 6/8/2021 at 12:00PM. An audio link will be available. The audio link can be accessed by dialing (888) 278-0296 and entering the access code 2012636. Ordered by Judge Rachel P. Kovner on 5/21/2021. (Lewis, Benjamin)
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| Filing 11 Letter by Tam Jian, Made In Brooklyn Inc. (Capetola, Anthony) |
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ORDER: Plaintiffs are directed to respond to defendants' request for a pre-motion conference at #9 on or before 5/21/2021. See Individual Rule IV.A.3. Ordered by Judge Rachel P. Kovner on 5/14/2021. (Lewis, Benjamin)
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| Filing 10 MOTION to Appear Pro Hac Vice of Brent Gordon Filing fee $ 150, receipt number ANYEDC-14440261. by Vince Bryniczka. (Attachments: #1 Affidavit in Support of Motion to admit pro hac vice, #2 Exhibit to Affidavit) (Gordon, Brent) |
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ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. Attorney Brent Gordan is permitted to appear pro hac vice on behalf of Defendant Vince Bryniczka. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 5/5/2021. (O'Neil-Berven, Ryan)
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| Filing 9 Letter requesting pre-motion conference by MIH CP Solutions, LLC, Jim Piccilo (McCaughan Jr, William) |
| Filing 8 NOTICE by MIH CP Solutions, LLC, Jim Piccilo re Order on Motion for Leave to Appear Pro Hac Vice,, (Attachments: #1 Proposed Order A) (McCaughan Jr, William) |
| Filing 7 First MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14417123. by MIH CP Solutions, LLC, Jim Piccilo. (Attachments: #1 Affidavit, #2 Exhibit A) (McCaughan Jr, William) |
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ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. Attorney William Power McCaughan Jr. is permitted to appear pro hac vice on behalf of Defendants MIH CP Solutions, LLC and Jim Piccilo. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 4/28/2021. (O'Neil-Berven, Ryan)
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Filing 6
SCHEDULING ORDER: A Telephone Initial Conference will be held in this case on July 13, 2021 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)Counsel are directed to the annexed Initial Conference Order for instructions. By July 8, 2021, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Defendant's counsel is directed to ensure that Plaintiffs are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 4/27/2021. (O'Neil-Berven, Ryan)
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| Filing 5 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. (Davis, Kimberly) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Peggy Kuo. 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. (Davis, Kimberly) |
| Filing 4 Civil Cover Sheet.. by Vince Bryniczka (Wedeen, Timothy) |
| ***FINAL NOTICE:*** Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed ***2 PAGE FORM*** Civil Cover Sheet. Please resubmit a Completed ***SECOND:*** Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| Filing 3 Civil Cover Sheet.. by Vince Bryniczka (Wedeen, Timothy) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed ***2 PAGE FORM*** Civil Cover Sheet. Please resubmit a Completed ***SECOND:*** Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. Please refer to all corrections (specifically "Other" section) made on this case (Davis, Kimberly) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a completed 2 Page Form Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| Filing 1 NOTICE OF REMOVAL by vince bryniczka from Kings County Supreme, case number 500269/21. ( Filing fee $ 402 receipt number ANYEDC-14389143) (Wedeen, Timothy) |
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