Nevins v. Cheer Partners, LLC et al
| Edward "Ted" Nevins |
| Cheer Partners, LLC and Cat Colello Graham |
| 2:2021cv07054 |
| December 21, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Anne Y Shields |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 28, 2022. A more recent docket listing may be available from PACER.
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ORDER finding as moot #9 Motion to Compel; finding as moot #9 Motion to Dismiss for Failure to State a Claim; finding as moot #9 Motion to Stay. Ordered by Judge Gary R. Brown on 1/28/2022. c/ecf (Cowan, Timothy)
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ORDER denying #10 Motion to Compel; denying #10 Motion to Dismiss for Failure to State a Claim; denying #10 Motion to Stay. Defendants' motions are denied without prejudice to renew after the court annexed arbitration. Defendants' time to answer the complaint is adjourned until after the conclusion of the arbitration. Ordered by Judge Gary R. Brown on 1/28/2022. c/ecf (Cowan, Timothy)
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ORDER REFERRING CASE to Arbitration. Ordered by Judge Gary R. Brown on 1/28/2022. c/ecf (Cowan, Timothy)
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| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE by Edward "Ted" Nevins (Silvermintz, Robyn) |
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ORDER TO SHOW CAUSE: In light of the defendants filings, DE #9 , plaintiff's counsel is to file a letter by close of business on January 26, 2022 putting forth any reason why this case should not be stayed or dismissed in light of the arbitration provision of the contract. Ordered by Judge Gary R. Brown on 1/26/2022. c/ecf (Cowan, Timothy)
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| Filing 10 Letter MOTION to Compel Arbitration (Typos Corrected), Letter MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) (Typos Corrected), Letter MOTION to Stay re #9 Letter MOTION to Compel ArbitrationLetter MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6)Letter MOTION to Stay by Cheer Partners, LLC, Cat Colello Graham. (Attachments: #1 Exhibit Defendants' Corrected Pre-Motion Letter) (Mischel, Jason) |
| Filing 9 Letter MOTION to Compel Arbitration, Letter MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6), Letter MOTION to Stay by Cheer Partners, LLC, Cat Colello Graham. (Attachments: #1 Exhibit 9.10.20 Consulting Agreement Between Plaintiff And Defendant Cheer Partners, LLC) (Mischel, Jason) |
| Filing 8 Letter in Response to Plaintiff's Reply to 1.5.22 Order to Show Cause by Cheer Partners, LLC, Cat Colello Graham (Attachments: #1 Exhibit 9.10.20 Consulting Agreement Between Plaintiff And Defendant Cheer Partners, LLC) (Mischel, Jason) |
| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by Edward "Ted" Nevins (Attachments: #1 Civil Cover Sheet, #2 Affidavit of Service) (Silvermintz, Robyn) |
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ORDER TO SHOW CAUSE: Defendants are to respond to the Court's 1.5.2022 SHOW CAUSE ORDER five days after plaintiff replies. Defendant is directed to include in their response any evidence related to damages and the jurisdictional minimum. Ordered by Judge Gary R. Brown on 1/7/2022. c/ecf (Cowan, Timothy)
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| Filing 6 Letter from Jason R. Mischel in Response to Court's 12.23.21 Order to Show Cause by Cheer Partners, LLC, Cat Colello Graham (Mischel, Jason) |
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ORDER TO SHOW CAUSE. In light of the fact that the complaint sets forth damages totaling $76,150, plaintiff's counsel is to file a letter by close of business on January 12, 2022 stating with specificity counsel's basis for making the following representations on the civil cover sheet:A.Certifying that this case is ineligible for arbitration pursuant to the Eastern District of New Yorks Local Civil Rule 83.7(d); and B.Identifying a "demand" of $200,000.Ordered by Judge Gary R. Brown on 1/5/2022. c/ecf (Cowan, Timothy)
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| Filing 5 NOTICE of Appearance by Jason Mischel on behalf of Cheer Partners, LLC, Cat Colello Graham (aty to be noticed) (Mischel, Jason) |
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ORDER TO SHOW CAUSE. In light of the Court's obligation to examine its subject matter jurisdiction sua sponte, the defendant is directed to file a letter within two weeks from the date of this Order setting forth the citizenship of each of their 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 12/23/2021. c/ecf (Cowan, Timothy)
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| Filing 4 Summons Issued as to All Defendants. (Jakubowski, Laura) |
| 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. (Jakubowski, Laura) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Anne Y. Shields. 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. (Jakubowski, Laura) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15137231 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Edward "Ted" Nevins. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Summons (Cheer Partners), #3 Proposed Summons Summons (Cat Colello Graham)) (Silvermintz, Robyn) |
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