Vantage 2101 Ave X Management Services, LLC et al v. Brooklyn Radiation Oncology, LLC et al
| Vantage 2101 Ave X Management Services, LLC and Vantage 15806 Northern Blvd Management Service, LLC |
| Brooklyn Radiation Oncology, LLC, Northern Boulevard Radiation Oncology Management, LLC and XYZ Corporation/Entities (1-10) |
| 1:2023cv01234 |
| February 15, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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Filing 17
ORDER OF REMAND: For the reasons set forth in the accompanying order, this action is hereby remanded to the Supreme Court of the State of New York, Kings County (Case Number 502140-2023). Ordered by Judge Hector Gonzalez on March 6, 2023. (PN)
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| Filing 16 Letter regarding party diversity by Brooklyn Radiation Oncology, LLC, Northern Boulevard Radiation Oncology Management, LLC (Schneid, Kelly) |
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ORDER TO SHOW CAUSE. The Court is in receipt of Defendants' status report, ECF No. #12 , and Plaintiffs' letter regarding corporate structure, ECF No. #15 . Plaintiffs are citizens of New York, New Jersey and Delaware, and Defendants are citizens of Delaware and Texas. In light of the fact that subject matter jurisdiction in this case is based on diversity, Defendants are ordered to show cause by March 7, 2023, why the action should not be remanded to Kings County Supreme Court. Ordered by Judge Hector Gonzalez on 3/3/2023. (JN)
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| Filing 15 Letter regarding corporate structure by Vantage 15806 Northern Blvd Management Service, LLC, Vantage 2101 Ave X Management Services, LLC (Attachments: #1 Exhibit 1: Vantage 15806, #2 Exhibit 2: Vantage 2101, #3 Exhibit 3: Vantage Management, #4 Exhibit 4: Bryant Park, #5 Exhibit 5: New World) (Murphy, Kenneth) |
| Filing 14 Corporate Disclosure Statement by Vantage 15806 Northern Blvd Management Service, LLC, Vantage 2101 Ave X Management Services, LLC (Murphy, Kenneth) |
| Filing 13 Letter regarding jurisdiction issue by Vantage 15806 Northern Blvd Management Service, LLC, Vantage 2101 Ave X Management Services, LLC (Murphy, Kenneth) |
| Filing 12 STATUS REPORT by Brooklyn Radiation Oncology, LLC, Northern Boulevard Radiation Oncology Management, LLC (Schneid, Kelly) |
| Filing 11 COMPLAINT against Brooklyn Radiation Oncology, LLC, Northern Boulevard Radiation Oncology Management, LLC, XYZ Corporation/Entities (1-10) Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Vantage 2101 Ave X Management Services, LLC, Vantage 15806 Northern Blvd Management Service, LLC. (Attachments: #1 Exhibit Brooklyn APA, #2 Exhibit Queens APA) (Murphy, Kenneth) |
| Filing 9 AFFIDAVIT/DECLARATION in Opposition re #5 MOTION for Protective Order Emergency Order to Show Cause with Temporary Restraining Order of Kelly D. Schneid filed by Brooklyn Radiation Oncology, LLC, Northern Boulevard Radiation Oncology Management, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Memorandum in Opposition) (Schneid, Kelly) |
| Filing 8 AFFIDAVIT/DECLARATION in Opposition re #5 MOTION for Protective Order Emergency Order to Show Cause with Temporary Restraining Order of Rehman Maghani filed by Brooklyn Radiation Oncology, LLC, Northern Boulevard Radiation Oncology Management, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O) (Schneid, Kelly) |
| Filing 7 Letter MOTION for Leave to Electronically File Document under Seal by Brooklyn Radiation Oncology, LLC, Northern Boulevard Radiation Oncology Management, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G) (Schneid, Kelly) |
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ORDER granting #7 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original documents under seal as a separate entry. Instructions on filing sealed documents on ECF are located at https://www.nyed.uscourts.gov/forms/steps-e-filing-sealed-documents-civil-cases. Ordered by Judge Hector Gonzalez on 2/24/2023. (JN)
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| Filing 6 NOTICE of Appearance by Brian L. Feld on behalf of Vantage 15806 Northern Blvd Management Service, LLC, Vantage 2101 Ave X Management Services, LLC (aty to be noticed) (Feld, Brian) |
| Filing 5 MOTION for Protective Order Emergency Order to Show Cause with Temporary Restraining Order by Vantage 15806 Northern Blvd Management Service, LLC, Vantage 2101 Ave X Management Services, LLC. (Attachments: #1 Affirmation of Good Faith Pursuant to 22 NYCRR 202.7, #2 Exhibit A - Letter from US Oncology Network, #3 Exhibit B - Letter from Rivkin Radler LLP, #4 Emergency Affidavit of Summer Sharaf, #5 Exhibit A - Asset Purchase Agreement, #6 Exhibit B - Asset Purchase Agreement, #7 Memorandum of Law in Support of Plaintiffs' Emergency Order to Show Cause) (Murphy, Kenneth) |
| Filing 4 NOTICE of Appearance by Kenneth Charles Murphy on behalf of Vantage 15806 Northern Blvd Management Service, LLC, Vantage 2101 Ave X Management Services, LLC (aty to be noticed) (Murphy, Kenneth) |
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ORDER: Pursuant to Fed. R. Civ. P. 65, the Court maintains in effect the previously-issued temporary restraining order, see ECF No. [1-2], until the preliminary injunction hearing set to take place at 3:00 PM on March 10, 2023, before Judge Hector Gonzalez in Courtroom 6A South at 225 Cadman Plaza East Brooklyn, NY. Counsel for Plaintiffs and Defendants are directed to file their motion and opposition papers by February 23, 2023, and February 24, 2023, respectively. Defendants' counsel is directed to file a status report by close of business on February 28, 2023, advising the Court on the progress of discussions concerning potential resolution of the preliminary injunction application. Plaintiffs are directed to file a disclosure statement pursuant to Fed. R. Civ. P. 7.1(a)(2) setting forth the citizenship of Plaintiffs' LLCs by close of business on February 28, 2023. Plaintiffs' counsel is further directed to file a complaint on February 27, 2023. Ordered by Judge Hector Gonzalez on February 22, 2023. (PN)
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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. (KD) |
| 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. (KD) |
| Case Assigned to Judge Dora Lizette Irizarry 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. (KD) |
| 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. (KD) |
| Case no longer referred to Magistrate Judge Ramon E. Reyes, Jr. (KD) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Hector Gonzalez for all further proceedings. Judge Dora Lizette Irizarry no longer assigned to 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.Ordered by Chief Judge Margo K. Brodie on 2/21/2023. (KD)
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| Filing 1 NOTICE OF REMOVAL by Brooklyn Radiation Oncology, LLC, Northern Boulevard Radiation Oncology Management, LLC from Supreme Court of the State of New York, County of Kings, case number 502140/2023. ( Filing fee $ 402 receipt number ANYEDC-16413648) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (Schneid, Kelly) |
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