Jace Capital LLC et. al. v. Ultimate Jetcharters, LLC et. al.
| Brian Hampson and Jace Capital LLC |
| Ultimate Jet LLC and Ultimate Jetcharters, LLC doing business as Ultimate Air Shuttle |
| 2:2021cv01115 |
| March 2, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven Tiscione |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on April 23, 2021. A more recent docket listing may be available from PACER.
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| Filing 12 First MOTION to Change Venue by Ultimate Jet LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Memorandum in Support) (Barr, Beverly) |
| Filing 11 Minute Entry for proceedings held before Judge Gary R. Brown: Telephone Pre Motion Conference held on 4/12/2021. Counsel for all sides present. Pre-motion conference held. The Court deems the motion made. The motion as to the forum non conveniens clause is denied without prejudice. The motion as to the forum selection clause will be briefed, defendants' papers due within two weeks, plaintiff response due two weeks later and defendant will have one week to submit a brief reply. ** To obtain a copy of the transcript counsel should contact ESR Central Islip at (631) 712-6030. Instructions and forms for requesting a transcript can be found at https://www.nyed.uscourts.gov/ under the Court Information tab. (FTR Log #AT&T CONFERENCE 2:10-2:25.) (Florio, Lisa) |
| Filing 10 Letter Response to Defendants' Motion to Change Venue by Brian Hampson, Jace Capital LLC (Yankovich, Boris) |
ORDER granting #9 Motion for Extension of Time to File. Ordered by Judge Gary R. Brown on 4/5/2021. (McMorrow, Karen)
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| Filing 9 Letter MOTION for Extension of Time to File by Brian Hampson, Jace Capital LLC. (McMorrow, Karen) |
| Filing 8 STATE COURT RECORD Received from the Suffolk County Clerk's Office - Enclosing a Certified Copy of Clerk's Minutes for the E-filed Supreme Court case, Index #619840/2020, along with a copy of the Notice of Removal or 8019(c) with order. (Tirado, Chelsea) |
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SCHEDULING ORDER: In light of plaintiff Jace Capital LLC's request for an extension of time, filed with the Court, the pre-motion conference scheduled for April 1, 2021 is hereby ADJOURNED to April 12, 2021 at 2:00 p.m. Plaintiffs' deadline to respond to DE 7 is similarly EXTENDED to April 2, 2021. In light of the Court's obligation to examine its subject matter jurisdiction sua sponte, Plaintiff Jace Capital, LLC is further directed to include in its response a description of the citizenship of each of its members, as limited liability companies take the citizenship of each of their members. See Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012). Ordered by Judge Gary R. Brown on 3/22/2021. (Meil, Stephen)
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ORDER granting #7 Motion for Pre Motion Conference.A pre-motion telephone conference is scheduled for April 1, 2021 at 2:00 p.m. before Judge Gary R. Brown, at which time the parties should be prepared to address defendants' anticipated motion pursuant to 28 U.S.C. 1404, DE 7. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Plaintiffs are directed to respond to DE 7 in accordance with the undersigned's individual rules by March 22, 2021. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 3/6/2021. (Meil, Stephen)
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| Filing 7 First MOTION for pre motion conference Regarding Motion to Change Venue by Ultimate Jet LLC, Ultimate Jetcharters, LLC. (Barr, Beverly) |
| Filing 6 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. (Flanagan, Doreen) |
| Filing 5 AFFIDAVIT/AFFIRMATION re #1 Notice of Removal State Court Filings Index and UJC LLC by Ultimate Jet LLC, Ultimate Jetcharters, LLC, STATE COURT RECORD (Attachments: #1 Appendix) (Barr, Beverly) Modified on 3/3/2021 (Flanagan, Doreen). |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Bowens, Priscilla) Modified on 3/3/2021 (Flanagan, Doreen). (Additional attachment(s) added on 3/3/2021: #1 Additional Quality Control Check Sheet) (Flanagan, Doreen). |
| Filing 3 Civil Cover Sheet.. by Ultimate Jet LLC, Ultimate Jetcharters, LLC (Attachments: #1 Summons with Notice) (Barr, Beverly) Modified on 3/3/2021 (Flanagan, Doreen). |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven Tiscione. 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. (Flanagan, Doreen) |
| This case has been opened in the Eastern District of New York. Attorney Boris Yankovich, 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. (Flanagan, Doreen) |
| Incorrect Case/Document Entry Information. The Summons with Notice was filed as an attachment to the Civil Cover Sheet in Document Entry No. 3. Downloaded and saved the Summons with Notice and added it as an attachment to the Notice of Removal in Document Entry No. 1. (Flanagan, Doreen) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal by Ultimate Jetcharters, LLC and Ultimate Jet LLC (Barr, Beverly) Modified on 3/3/2021 (Flanagan, Doreen). |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court of the State of New York, County of Suffolk, Case Number 619840/2020. Was the Disclosure Statement on the Civil Cover Sheet completed - Yes. ( Filing fee $ 402 receipt number ANYEDC-14230488) (Barr, Beverly) Modified on 3/3/2021 (Flanagan, Doreen). (Additional attachment(s) added on 3/3/2021: #1 Summons with Notice) (Flanagan, Doreen). |
| Incorrect Case/Document/Entry Information. Copy of Summons and Complaint must be submitted from other Court when filing a Notice of Removal. (Bowens, Priscilla) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet (MISSING SECOND PAGE FORM). All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla) |
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