GEM Funding LLC v. Bautech USA Inc. et al
GEM Funding LLC |
Bautech USA Inc. doing business as Baunovo and Sergio Prahl |
1:2024cv00581 |
January 26, 2024 |
US District Court for the Eastern District of New York |
Peggy Kuo |
Orelia E Merchant |
Contract: Other |
28 U.S.C. ยง 1332 Diversity-Breach of Contract |
None |
Docket Report
This docket was last retrieved on February 26, 2024. A more recent docket listing may be available from PACER.
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Filing 7 Letter regarding membership of Plaintiff LLC and status of case by Bautech USA Inc., Sergio Prahl (Stravato, John) |
ORDER: In light of the Letter filed at #7 notifying the Court the parties have reached a settlement, the parties are directed to file a stipulation of dismissal by March 26, 2024. Ordered by Magistrate Judge Peggy Kuo on 2/26/2024. (RO) |
Filing 6 NOTICE by Bautech USA Inc., Sergio Prahl of Service of Court Order (Attachments: #1 Exhibit Email Demonstrating Service of Order) (Stravato, John) |
ORDER: Pursuant to the Order entered on January 30, 2024, Plaintiff was directed to file a letter by February 5, 2024 identifying all members of the LLC entity and the citizenship of each member, so that the Court can determine whether there is complete diversity of citizenship and it has federal jurisdiction pursuant to 28 U.S.C. 1332. Plaintiff has failed to comply with this Court Order and is directed to file the outstanding letter no later than February 26, 2024.Counsel for defendants is directed to send a copy of this Order to Plaintiff's counsel and file proof of service by February 15, 2024. Ordered by Magistrate Judge Peggy Kuo on 2/14/2024. (RO) |
ORDER: By February 5, 2024, Plaintiff is directed to file a letter identifying all members of the LLC entity and the citizenship of each member, so that the Court can determine whether there is complete diversity of citizenship and it has federal jurisdiction pursuant to 28 U.S.C. 1332. See WBCMT 2007-C33 NY Living, LLC v. 1145 Clay Ave. Owner, LLC, 964 F. Supp. 2d 265, 267 (S.D.N.Y. 2013); Handelsman v. Bedford Vill. Assocs. Ltd. P'ship, 213 F.3d 48, 5152 (2d Cir. 2000) (an LLCs citizenship is determined by the citizenship of all of its individual members). Ordered by Magistrate Judge Peggy Kuo on 1/30/2024. (RO) |
Filing 5 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) |
Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (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 Assigned to Judge Orelia E. Merchant 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. (KD) |
Filing 3 Civil Cover Sheet.. by Bautech USA Inc., Sergio Prahl (Stravato, John) |
Filing 2 Civil Cover Sheet.. by Bautech USA Inc., Sergio Prahl (Stravato, John) |
Filing 1 NOTICE OF REMOVAL by Bautech USA Inc. d/b/a Baunovo, Sergio Prahl from Supreme Court of the State of New York, Count of Kings, case number 536201/2023. ( Filing fee $ 405 receipt number ANYEDC-17504981) (Attachments: #1 Removal Action Complaint Copy of Complaint and State Court Case File) (Stravato, John) |
NOTICE! Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit a completed Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
NOTICE! Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit A COMPLETED SECOND PAGE(Not the Instruction Page) Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
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