Reserve Funding Group LLC et al v. California Organic Fertilizers Inc et al
| Reserve Funding Group LLC |
| California Organic Fertilizers Inc, Timothy Stemwedel, Oz Virtual Inc, Univisit Inc, COFI LLC, Mineral King Minerals Inc and Worldwide Global Management Limited |
| 1:2024cv01112 |
| February 13, 2024 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Allyne R Ross |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
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Filing 13
ORDER denying #7 Motion to Dismiss for Failure to State a Claim. Ordered by Judge Allyne R. Ross on 4/12/2024. (MK)
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| Filing 12 REPLY in Support re #7 MOTION to Dismiss for Failure to State a Claim filed by California Organic Fertilizers Inc, Timothy Stemwedel. (Stemwedel, Daren) |
| Filing 11 NOTICE of Appearance by William Parsons on behalf of Reserve Funding Group LLC (aty to be noticed) (Parsons, William) |
| Filing 10 MEMORANDUM in Opposition re #7 MOTION to Dismiss for Failure to State a Claim filed by Reserve Funding Group LLC. (Wells, Steven) |
| Filing 9 AFFIDAVIT/DECLARATION in Opposition re #7 MOTION to Dismiss for Failure to State a Claim filed by Reserve Funding Group LLC. (Attachments: #1 Exhibit 1 - Newco v. Fat Cat Purchase Agreement, #2 Exhibit 2 - Spin v. Bridgelink Purchase Agreement, #3 Exhibit 3 - Newco v. ERS Purchase Agreement, #4 Exhibit 4 - Amsterdam v. Taylor Purchase Agreement, #5 Exhibit 5 - Amsterdam v. Secondary Mkt Purchase Agreement, #6 Exhibit 6 - Samson v. J. Russo Purchase Agreement, #7 Exhibit 7 - Newco v. La Rubia Purchase Agreement) (Wells, Steven) |
| Filing 8 NOTICE of Appearance by Steven William Wells on behalf of Reserve Funding Group LLC (aty to be noticed) (Wells, Steven) |
| Case Assigned to Judge Allyne R. Ross and Magistrate Judge Lois Bloom. Magistrate Judge Lois Bloom no longer assigned as presider 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. (DA) |
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ORDER: Defendants California Organic Fertilizers Inc and Timothy Stemwedel have filed a motion to dismiss for failure to state a claim #7 . Plaintiff's response shall be filed on or before March 20, 2024. Any reply shall be filed on or before March 27, 2024. This briefing schedule shall be modified only with permission of the court. For any future motions, the parties are reminded of my individual rules regarding pre-motion conferences and the bundling of motion papers. Ordered by Judge Allyne R. Ross on 3/7/2024. (MK)
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ORDER: This case was assigned to me as the presiding judge as part of the Pilot Program under Administrative Order 2023-23, see ECF No. #3 , which states: "If a party intends to file a motion... to dismiss for failure to state a claim or any relief under Rule 12(b)... and all parties have not yet consented to the jurisdiction of the Magistrate Judge, the party seeking such relief must file, no later than any date specified by any Federal or Local Rule governing the timing of such a motion, a letter no longer than one (1) page expressing such intent." Defendants California Organic Fertilizers Inc. and Timothy Stemwedel instead filed their complete motion to dismiss. ECF No. #7 . Although this motion was improperly filed, the Clerk of Court is respectfully directed to assign a District Court Judge to preside over this matter. Ordered by Magistrate Judge Lois Bloom on 3/7/2024. (IK)
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| Filing 7 MOTION to Dismiss for Failure to State a Claim by California Organic Fertilizers Inc, Timothy Stemwedel. (Attachments: #1 Memorandum in Support, #2 Declaration Declaration of Daren Stemwedel, #3 Declaration Declaration of Timothy Stemwedel, #4 Certificate of Service) (Stemwedel, Daren) |
| Filing 6 DISCLOSURE of Interested Parties by California Organic Fertilizers Inc. (Stemwedel, Daren) |
| Filing 5 CERTIFICATE OF SERVICE by California Organic Fertilizers Inc, Timothy Stemwedel re Order on Motion for Leave to Appear Pro Hac Vice,,,,, Proof of Server 2-14-24 Minute Order (Stemwedel, Daren) |
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ORDER: Defendants California Organic Fertilizers, Inc. and Timothy Stemwedel ("Removing Defendants") removed this case from Kings County Supreme Court, invoking this Court's diversity jurisdiction. ECF No. #1 . Defendants shall respond to plaintiff's complaint by March 6, 2024. Any party seeking a trial by jury shall file a jury demand by that date. Fed. R. Civ. P. 81(c)(3)(A). The parties shall also file disclosure statements in accordance with Federal Rule of Civil Procedure 7.1(a) by that date. The motion to appear pro hac vice, ECF No. #2 , is granted. The Court shall hold the initial conference on March 12, 2024 at 11:00 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file a 26(f) Meeting Report by March 6, 2024. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Counsel for the Removing Defendants shall serve a copy of this Order on plaintiff's counsel and file proof of service on the docket forthwith. Ordered by Magistrate Judge Lois Bloom on 2/14/2024. (IK)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 3 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (KD) |
| Filing 2 First MOTION to Appear Pro Hac Vice Daren A Stemwedel Filing fee $ 200, receipt number ANYEDC-17565101 by California Organic Fertilizers Inc, Timothy Stemwedel. (Attachments: #1 Affidavit in Support, #2 Exhibit Certificate of Good Standing) (Stemwedel, Daren) |
| Filing 1 NOTICE OF REMOVAL by California Organic Fertilizers Inc, Timothy Stemwedel from Supreme Court of the State of New York, Kings County, case number 501227/2024. ( Filing fee $ 405 receipt number ANYEDC-17565012) (Attachments: #1 Removal Action Complaint, #2 Affidavit in Support, #3 Affidavit in Support, #4 Exhibit State Court Docket, #5 Civil Cover Sheet, #6 Certificate of Service) (Stemwedel, Daren) |
| 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 Magistrate Judge Lois Bloom. 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) |
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