Power Up Lending Group, Ltd. v. Quantum Energy, Inc., et al
| Power Up Lending Group, Ltd. |
| Quantum Energy, Inc. and Jeffrey J. Mallmes |
| 2:2021cv01836 |
| April 5, 2021 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Steven I Locke |
| Contract: Other |
| 28 U.S.C. ยง 1442 Notice of Removal |
| Both |
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| Civil Case Terminated pursuant to Electronic Order dtd. 4/22/2021 remanding the above action to the N.Y. State Supreme Court-County of Nassau under Index No. 603268/2021. (Layne, Monique) |
ORDER: Plaintiff's April 15, 2021 motion #5 is GRANTED in part and DENIED in part as follows. For the same reasons set forth in Lancer Ins. Co. v. MKBS, LLC, No. 08 CV 03724 SJF/ETB, 2008 WL 5411090, at *2-3 (E.D.N.Y. Dec. 22, 2008) and in light of Defendants' consent to remand #10 , this case is REMANDED to the Supreme Court of the State of New York, County of Nassau. Plaintiff's request to continue the state court's temporary restraining order is DENIED as moot. Ordered by Judge LaShann DeArcy Hall on 4/22/2021. (Williams, Erica)
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| Filing 10 SETTLEMENT AGREEMENT Letter to Court conveying settlement agreement together with joint request by all parties to grant remand motion on consent and to close the case on consent by Power Up Lending Group, Ltd. (Attachments: #1 Settlement Agreement) (Johnson, Robert) |
| Filing 9 RESPONSE in Opposition re #5 MOTION to Remand to State Court Emergency Order to Show Cause seeking remand and extension of TRO granted by state court with Rule 6.1 (d) Declaration filed by Quantum Energy, Inc.. (Gretschel, Catherine) |
| Filing 8 Letter Letter to District Court Judge opposing defendants request for pre-motion conference by Power Up Lending Group, Ltd. (Johnson, Robert) |
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ORDER: On April 13, 2021, the Court ordered Defendant to reply to Plaintiff's motion for remand and an order to show cause. Instead, Defendant filed a motion #6 for a pre-motion conference on an anticipated motion to dismiss. That request is DENIED. By April 16, 2021, Defendants shall comply with the Court's April 13, 2021 order, in particular addressing why the case should not be remanded to state court for the same reasons set forth Lancer Ins. Co. v. MKBS, LLC, No. 08 CV 03724 SJF/ETB, 2008 WL 5411090, at *2-3 (E.D.N.Y. Dec. 22, 2008). Future failure to abide by Court orders may result in sanctions. Ordered by Judge LaShann DeArcy Hall on 4/15/2021. (Williams, Erica)
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| Filing 7 NOTICE of Appearance by Mark R. Basile on behalf of Quantum Energy, Inc. (aty to be noticed) (Basile, Mark) |
| Filing 6 MOTION for pre motion conference by Quantum Energy, Inc.. (Gretschel, Catherine) |
| Filing 5 MOTION to Remand to State Court Emergency Order to Show Cause seeking remand and extension of TRO granted by state court with Rule 6.1 (d) Declaration by Power Up Lending Group, Ltd.. (Attachments: #1 Affidavit of C.Kramer, #2 Ex A - Order dtd March 24, 2021, #3 Ex B - Notice of Removal with Notice of Filing, #4 Ex C - CPN dtd 4/9/19, #5 Ex D - SPA dtd 4/9/19, #6 Ex E - Transfer Agent Letter, #7 Ex F - Summons and Complaint, #8 Ex G - Form 10-Q and Amended 10-Q, #9 Ex H - Affidavits of Service, #10 Rule 6.1(d) Declaration, #11 Plaintiff's Memorandum of Law) (Johnson, Robert) |
| Filing 4 NOTICE of Appearance by Robert P. Johnson on behalf of Power Up Lending Group, Ltd. (aty to be noticed) (Johnson, Robert) |
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ORDER: Defendants shall file an opposition to Plaintiff's motion for an order to show cause by April 14, 2021. Ordered by Judge LaShann DeArcy Hall on 4/13/2021. (Williams, Erica)
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| Filing 3 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. (Landow, Concetta) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Steven I. Locke. 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. (Landow, Concetta) |
| Filing 1 NOTICE OF REMOVAL by Quantum Energy, Inc. from Supreme Court, Nassau County, case number 603268. ( Filing fee $ 402 receipt number ANYEDC-14343016) Was the Disclosure Statement on Civil Cover Sheet completed -NO (Attachments: #1 Civil Cover Sheet, #2 Disclosure Statement, #3 summons and complaint, #4 order to show cause) (Gretschel, Catherine) (Main Document 1 replaced on 4/6/2021) (Landow, Concetta). (Attachment 1 replaced on 4/6/2021) (Landow, Concetta). Modified on 4/6/2021 (Landow, Concetta). |
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