Aventura Technologies, Inc. v. Convergint Technologies LLC
| Aventura Technologies, Inc. |
| Convergint Technologies LLC |
| 2:2022cv04241 |
| July 19, 2022 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| None |
Docket Report
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ORDER OF REMAND to Supreme Court, Nassau County, case number 606330/2022. Plaintiff is right; defendant's counsel still doesn't get this elementary principle of federal jurisdiction. A corporation has two citizenships -- the state of incorporation, and the state where it has its principal place of business. Since plaintiff is a Delaware corporation with its principal place of business in New York, and the sole member of defendant LLC is a Delaware corporation with its principal place of business in Illinois, there are Delaware citizens on both sides of this caption, and diversity is lacking. Under the prior version of the removal statute, defendants were required to post a $500 removal bond to secure the plaintiff's costs if the Court determined that removal was improper. Congress eliminated the bonding requirement in 1988 on the theory that Rule 11, as then amended, would suffice to award sanctions for improper removal. Five hundred dollars is a lot less now than it was in 1988. Nevertheless, because defense counsel did not have even an arguable basis for removing this case and lacked knowledge of the basic principles of diversity jurisdiction, defendant is directed to pay plaintiff the sum of $500 within seven days, and the Court retains sufficient jurisdiction to enforce this sanction if necessary. Ordered by Judge Brian M. Cogan on 8/20/2022. (Cogan, Brian)
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| Filing 12 Letter to Court regarding lack of jurisdiction based on amended notice of removal by Aventura Technologies, Inc. (Rosen, Gene) |
| Filing 11 NOTICE OF REMOVAL by Convergint Technologies LLC (Amended Notice) from Supreme Court of the State of New York, County of Nassau, case number 606330/2022. (Attachments: #1 Exhibit A - Summons and Complaint 5.12.22, #2 Exhibit B - Illinois Secretary of State Corporation Search, LLC Filed Detail Report, #3 Exhibit C - Declaration of Joanna Cornwell dated August 18, 2022, #4 Exhibit D - Delaware Department of State: Division of Corporations Entity Search, #5 Exhibit E - State of Delaware Annual Franchise Tax Report, dated February 21, 2022) (Freed, David) |
| Minute Entry and Order for Initial Status and Premotion Conference held on 08/12/2022 before Judge Brian M. Cogan. The parties appeared by video. By 08/19/2022, defendant is to file an amended Notice of Removal adequately establishing subject matter jurisdiction. If defendant fails to do so, the Court will dismiss the case for want of jurisdiction. By that same date, plaintiff is to inform the Court whether it intends to consent to arbitration. See transcript for details. (Court Reporter: Linda Danlczyk). (Weisberg, Peggy) |
| Filing 10 CASE MANAGEMENT STATEMENT Defendant's Proposed Case Management Plan (Freed, David) |
| Filing 9 Letter Filing Product Reseller Agreement by Convergint Technologies LLC (Attachments: #1 Exhibit Product Reseller Agreement) (Freed, David) |
| Set/Reset Hearing: Premotion Conference set for 8/10/2022 is reset to 8/12/2022 and will be held in conjunction with the Initial Status Conference set at 1:00 pm. The parties are reminded to comply with the mandatory requirements for the Initial Status Conference at #3 . A ZoomGov link for the conference will be emailed to counsel of record. (Weisberg, Peggy) |
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ORDER granting #8 . Defendant has represented that the document at issue "contains confidential and proprietary business information" and that "the vast majority of the information" is "irrelevant to the determination as to the arbitrability of this dispute." The Court finds that defendant's interest in maintaining its proprietary business material in a confidential manner outweighs the qualified public right of access. Accordingly, plaintiff is directed to file the document under seal. Ordered by Judge Brian M. Cogan on 8/9/2022. (Weisberg, Peggy)
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| Filing 8 Letter MOTION for Leave to Electronically File Document under Seal Product Reseller Agreement by Convergint Technologies LLC. (Freed, David) |
| Filing 7 Letter MOTION for pre motion conference seeking leave to move to compel arbitration and dismiss the proceedings without prejudice by Convergint Technologies LLC. (Freed, David) |
| Filing 6 NOTICE of Appearance by Nicholas Anthony Corsano on behalf of Convergint Technologies LLC (aty to be noticed) (Corsano, Nicholas) |
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SCHEDULING ORDER: A Premotion Conference on defendant's #7 letter motion is scheduled for 8/10/2022 at 6:30 pm by video. A ZoomGov link will be emailed to counsel of record. If plaintiff has any defense to the arbitrability of this dispute, it shall be fully prepared to discuss it at the conference. The parties shall file on the docket the full agreement by 8/9/2022. Ordered by Judge Brian M. Cogan on 8/5/2022. (Weisberg, Peggy)
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ORDER granting in part and denying in part #5 . Defendant can have until 8/12/2022 to answer or move because "in truth, the answer in a civil action is the most useless paper in the courthouse." Alexander By and Through Alexander v. Richardson-Merrell Inc., 541 F.Supp. 93, 94 (S.D.N.Y. 1982). For the same reason, the Initial Status Conference scheduled for 8/12/2022 shall go forward unless defendant comes up with a better reason for a short adjournment. This appears to be a simple goods sold and delivered case which should take little to no time to "investigate." Defendant chose to remove this case to federal court and it is going to move at federal court speed. Ordered by Judge Brian M. Cogan on 7/21/2022. (Weisberg, Peggy) Modified on 7/21/2022 (Weisberg, Peggy).
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| Filing 5 Letter MOTION for Extension of Time to File Answer and/or move to dismiss Plaintiff's Complaint by Convergint Technologies LLC. (Freed, David) |
| Filing 4 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) |
| Case Assigned to Judge Brian M. Cogan. 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) |
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Filing 3
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 8/12/2022 at 1:00 pm. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 4241#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 7/19/2022. (Weisberg, Peggy)
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| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 7/20/2022: #1 Additional Corrections) (Jakubowski, Laura). |
| Filing 1 NOTICE OF REMOVAL by Convergint Technologies LLC from Supreme Court of the State of New York, County of Nassau, case number 606330/2022. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-15763682) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Summons and Complaint filed in State Court, #3 Exhibit B - Illinois Secretary of State Corporate Search, LLC, #4 Exhibit C - Affidavit of Joanna Cornwell 7.15.22) (Freed, David) Modified on 7/20/2022 (Jakubowski, Laura). |
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| Plaintiff: Aventura Technologies, Inc. | |
| Represented By: | Gene W. Rosen |
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| Defendant: Convergint Technologies LLC | |
| Represented By: | David E. Freed |
| Represented By: | Nicholas Anthony Corsano |
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