Congregation Yetev Lev D'Satmar, Inc., v. Engie Power & Gas, LLC
| Congregation Yetev Lev D'Satmar, Inc., |
| Engie Power & Gas, LLC and Plymouth Rock Energy, LLC |
| 1:2022cv04844 |
| August 17, 2022 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Nina R Morrison |
| Ramon E Reyes |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
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Filing 24
SCHEDULING ORDER: Initial Conference set for 8/8/2023 at 11:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 8/3/2023. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/26/2023. (MV)
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Filing 23
Order granting in part and denying in part #16 Defendant's Motion to Dismiss for Failure to State a Claim. For the reasons stated in the attached Opinion and Order, Defendant's motion to dismiss Plaintiff's breach of contract claim is granted; Defendant's motion to dismiss Plaintiff's claim for breach of the implied covenant of good faith and fair dealing is denied; and Defendant's motion to dismiss Plaintiff's claims under sections 349 and 349-d(7) of the New York General Business Law is granted in part and denied in part. Defendant's motion to dismiss Plaintiff's claim for unjust enrichment is granted as unopposed. Ordered by Judge Nina R. Morrison on 7/21/2023. (JL)
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Filing 22
TRANSCRIPT of Proceedings held on June 27, 2023, before Judge Morrison. Court Reporter/Transcriber Transcriptions Plus II, Inc. Email address: RL.Transcriptions2@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 8/10/2023. Redacted Transcript Deadline set for 8/21/2023. Release of Transcript Restriction set for 10/18/2023. (LH)
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ORDER granting #21 Motion for Leave to Appear Pro Hac Vice. 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 they receive 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 Ramon E. Reyes, Jr. on 6/27/2023. (BR)
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Minute entry for proceedings held before Judge Nina R. Morrison. Oral argument on defendant's #16 Motion to Dismiss for Failure to State a Claim was held before Judge Morrison on Tuesday, June 27, 2023. James DeMay appeared for Plaintiff. Laura Harris appeared for Defendant. The Court heard oral argument and reserved decision on the motion. (Court Reporter Victoria Butler-Torres.) (JL)
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Filing 21
MOTION to Appear Pro Hac Vice James R. DeMay Filing fee $ 150, receipt number ANYEDC-16830636 by Congregation Yetev Lev D'Satmar, Inc.,. (Attachments: #1 Affidavit JRD Affidavit in Support of Motion, #2 Exhibit NC Certificate of Good Standing, #3 Proposed Order Proposed Order) (DeMay, James)
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Filing 20
Joint MOTION to Adjourn Conference by Engie Power & Gas, LLC. (Stenglein, Mike)
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ORDER granting #20 Motion to Adjourn Conference and Scheduling order. Oral argument on the #16 MOTION to Dismiss for Failure to State a Claim shall take place on Tuesday, June 27, 2023, at 3:00 p.m. by video before Judge Nina R. Morrison. The Court will contact the parties by email to provide access information before the conference. Ordered by Judge Nina R. Morrison on 6/12/2023. (JL)
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Scheduling order. Oral argument on the #16 MOTION to Dismiss for Failure to State a Claim shall take place on Friday, June 16, 2023, at 11:00 a.m. by video before Judge Nina R. Morrison. The Court will contact the parties by email to provide access information before the conference. Ordered by Judge Nina R. Morrison on 6/9/2023. (JL)
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Filing 19
REPLY in Support re #16 MOTION to Dismiss for Failure to State a Claim filed by Engie Power & Gas, LLC. (Stenglein, Mike)
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Filing 18
RESPONSE in Opposition re #16 MOTION to Dismiss for Failure to State a Claim (filed on behalf of Lead Plaintiff) filed by Engie Power & Gas, LLC. (Stenglein, Mike)
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Filing 17
MEMORANDUM in Support re #16 MOTION to Dismiss for Failure to State a Claim filed by Engie Power & Gas, LLC. (Stenglein, Mike)
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Filing 16
MOTION to Dismiss for Failure to State a Claim by Engie Power & Gas, LLC. (Stenglein, Mike)
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Filing 15
NOTICE of Appearance by Laura Harris on behalf of Engie Power & Gas, LLC (aty to be noticed) (Harris, Laura)
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Scheduling order. As proposed by the parties at #14 , defendant shall serve plaintiff with its motion to dismiss by Friday, March 17, 2023; plaintiff shall serve defendant with its opposition by Friday, April 14, 2023; and defendant shall serve its reply and file the bundled motion by Friday, April 21, 2023. Ordered by Judge Nina R. Morrison on 3/1/2023. (JL)
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Filing 14
Letter Submitting Proposed Briefing Schedule by Engie Power & Gas, LLC (Stenglein, Mike)
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Order finding as moot #7 Letter MOTION for pre motion conference for Motion to Dismiss Complaint. In light of the parties' submissions, the Court finds a pre-motion conference unnecessary. The parties are respectfully directed to confer and propose a briefing schedule to the Court by Monday, February 27, 2023. Ordered by Judge Nina R. Morrison on 2/22/2023. (JL)
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Filing 13
Letter re Prior Request for Pre-Motion Conference by Engie Power & Gas, LLC (Stenglein, Mike)
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Filing 12
NOTICE of Appearance by Adam Lee Gray on behalf of Engie Power & Gas, LLC (notification declined or already on case) (Gray, Adam)
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Filing 11
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16123871. by Engie Power & Gas, LLC. (Attachments: #1 Affidavit in Support of Pro Hac Vice Motion, #2 California Certificate of Good Standing, #3 Texas Certificate of Good Standing, #4 Proposed Order) (Gray, Adam)
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ORDER granting #11 Motion for Adam Lee Gray Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/9/2022. (MV)
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Filing 10
NOTICE of Appearance by Mike Stenglein on behalf of Engie Power & Gas, LLC (notification declined or already on case) (Stenglein, Mike)
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Filing 9
RESPONSE to Motion re #7 Letter MOTION for pre motion conference for Motion to Dismiss Complaint filed by Congregation Yetev Lev D'Satmar, Inc.,. (Maniatis, Vicki)
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ORDER granting #8 Motion for Mike Stenglein Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/7/2022. (MV)
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Filing 8
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16100466. by Engie Power & Gas, LLC. (Attachments: #1 Affidavit in Support of Pro Hac Vice Motion, #2 Texas Certificate of Good Standing, #3 Proposed Order) (Stenglein, Mike)
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Case Reassigned to Judge Nina Morrison. Judge Eric R. Komitee 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. (BBM)
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Filing 7
Letter MOTION for pre motion conference for Motion to Dismiss Complaint by Engie Power & Gas, LLC. (Stenglein, Mike)
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Filing 6
NOTICE of Appearance by Michael Steifman on behalf of All Plaintiffs (aty to be noticed) (Steifman, Michael)
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Filing 5
WAIVER OF SERVICE Returned Executed by Congregation Yetev Lev D'Satmar, Inc.,. Engie Power & Gas, LLC waiver sent on 9/2/2022, answer due 11/1/2022. (Maniatis, Vicki)
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Filing 4
Summons Issued as to Engie Power & Gas, LLC. (Davis, Kimberly)
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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)
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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)
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Filing 1
COMPLAINT against Engie Power & Gas, LLC f/ka Plymouth Rock Energy, LLC filing fee $ 402, receipt number ANYEDC-15852279 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Congregation Yetev Lev D'Satmar, Inc.,. (Attachments: #1 Exhibit A - Agreement, #2 Civil Cover Sheet, #3 Proposed Summons) (Maniatis, Vicki)
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Case Assigned to Judge Eric R. Komitee and Magistrate Judge Ramon E. Reyes, Jr. 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)
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