1301 Avenue J LLC v. IMC Lending, LLC et al
| 1301 Avenue J LLC |
| IMC Lending, LLC and XYZ Co. |
| 1:2021cv06034 |
| October 29, 2021 |
| US District Court for the Eastern District of New York |
| William F Kuntz |
| Roanne L Mann |
| Real Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Petition for Removal |
| None |
Docket Report
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Filing 9
ORDER DISMISSING CASE: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff 1301 Ave J LLC and its counsel hereby give notice that the above-captioned action is voluntarily dismissed without prejudice. So Ordered by Judge William F. Kuntz, II on 11/29/2021. (Herrera, Isaiah)
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| Filing 8 NOTICE of Voluntary Dismissal by 1301 Avenue J LLC (Caruso, Andrea) |
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Filing 7
ORDER granting #6 Motion to Amend/Correct/Supplement. So Ordered by Judge William F. Kuntz, II on 11/16/2021. (Herrera, Isaiah)
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| Filing 6 Letter MOTION to Amend/Correct/Supplement #5 Order on Motion for Pre Motion Conference,,, (Request that the Court advance the briefing schedule set in the Court's November 8 order for IMC's motion to appoint a receiver) by IMC Lending, LLC. (Kronley, Neal) |
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Filing 5
ORDER: In light of the COVID-19 pandemic, the Court dispenses with its pre-motion conference requirement. Therefore, the Court DENIES as moot Defendants request for a pre-motion conference for leave to file a motion: (i) to dismiss the Complaint for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6); and (ii) to appoint a receiver over the mortgaged property securing Defendants loan and note. ECF No. 4. The Court hereby GRANTS Defendant leave to file the anticipated motion. The Court hereby ORDERS the following briefing schedule: Defendant shall submit their motion by Friday, January 7, 2022 at 5:00 P.M.; Plaintiff shall submit their response by Friday, March 11, 2022 at 5:00 P.M.; and Defendant shall submit their reply, if any, by Friday, April 8, 2022 at 5:00 P.M. So Ordered by Judge William F. Kuntz, II on 11/5/2021. (Herrera, Isaiah)
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| Filing 4 Letter MOTION for pre motion conference by IMC Lending, LLC. (Kronley, Neal) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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 William F. Kuntz, II and Magistrate Judge Roanne L. Mann. 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 1 NOTICE OF REMOVAL by IMC Lending, LLC from Supreme Court of New York, Kings County, case number 522407/2021. ( Filing fee $ 402 receipt number ANYEDC-14983119) (Attachments: #1 Exhibit 1 (State Court Summons and Complaint), #2 Exhibit 2 (Stipulation), #3 Civil Cover Sheet) (Kronley, Neal) |
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