Wickapogue 1 LLC et al v. Blue Castle (Cayman) Ltd.
| Wickapogue 1 LLC, Nicole Gallagher and Mark Gallagher |
| Blue Castle (Cayman) Ltd. |
| 2:2023cv00561 |
| January 25, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Lee G Dunst |
| Hector Gonzalez |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 NOTICE of Consent to Change Attorney by Rafi Hasbani for Blue Castle (Cayman) Ltd (Hasbani, Rafi) |
ORDER: The 3/29/2023 11:00 AM in-person initial conference will proceed as scheduled in 23-cv-00561 and 22-cv-05422. The parties shall submit a joint Proposed Discovery Plan/Scheduling Order in both 23-cv-00561 and 22-cv-05422. Ordered by Magistrate Judge Lee G. Dunst on 3/23/2023. (CT)
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SCHEDULING ORDER: The Court will hold an Initial Conference on 3/29/2023 at 11:00 AM in Courtroom 830 of the U.S. District Court E.D.N.Y. Long Island Courthouse, located at 100 Federal Plaza, Central Islip, New York. The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website, and submit a proposed discovery plan/scheduling order at least five business days prior to the initial conference pursuant to Judge Dunst's Individual Practice Rule IV.A.1. Ordered by Magistrate Judge Lee G. Dunst on 3/6/2023. (CT)
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ORDER REASSIGNING CASE. Case reassigned to Judge Gary R. Brown and Magistrate Judge Lee G. Dunst for all further proceedings. Judge Hector Gonzalez no longer assigned to 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.Ordered by Chief Judge Margo K. Brodie on 3/3/2023. (SR)
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| Filing 13 Letter in response to defendant's letter dated 2.22.23 by Mark Gallagher, Nicole Gallagher, Wickapogue 1 LLC (Gordon, Peter) |
| Filing 12 STATE COURT RECORD Received from Suffolk County Clerk regarding Supreme Court case 600746/2023 and Notice of Removal. (JC) |
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Filing 11
Letter to Court in response to the February 15, 2023 Order entered by Judge Gonzalez, directing Blue Castle to file an application for a determination that the UCC Action is related to the pending commercial mortgage foreclosure action. by Blue Castle (Cayman) Ltd. (Nagi, Jason)
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Filing 10
ORDER. For the reasons stated in the attached Memorandum and Order, Plaintiffs' motion for a preliminary injunction, see ECF No. [1-4], is denied. Ordered by Judge Hector Gonzalez on 2/17/2023. (JN)
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| Filing 9 NOTICE of Appearance by Peter S. Gordon on behalf of Mark Gallagher, Nicole Gallagher, Wickapogue 1 LLC (aty to be noticed) (Gordon, Peter) |
| Filing 8 NOTICE of Appearance by Supriya Kichloo on behalf of Mark Gallagher, Nicole Gallagher, Wickapogue 1 LLC (aty to be noticed) (Kichloo, Supriya) |
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ORDER. Pursuant to Local Civil Rule 1.6, it is the duty of each attorney in any civil action to bring to the Court's attention any related cases. "A civil case is related to another civil case when... because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning both cases to the same judge and magistrate judge." Local Civil Rule 50.3.1. In September 2022, Defendant Blue Castle (Cayman) Ltd. filed a foreclosure action in this District against Plaintiff Wickapogue 1 LLC, which is currently pending before Judge Gary R. Brown. See Blue Castle (Cayman) Ltd. v. Wickapogue 1 LLC et al, No. 22-cv-05422 (E.D.N.Y.). Defendant is directed to file an application for a determination that this action is related to 22-cv-05422, by filing with the Clerk of Court a letter of no more than three single-spaced pages explaining why the cases are related and serving copies of the letter on all other parties by February 22, 2023. Ordered by Judge Hector Gonzalez on 2/15/2023. (JN)
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| Minute Entry for proceedings held before Judge Hector Gonzalez: Show Cause Hearing held on February 9, 2023. George Gavalas appeared on behalf of the plaintiffs. Jason Nagi and Queen Ndukwe appeared on behalf of the defendant. Plaintiff's application for an extension of the expiring Temporary Restraining Order (TRO) set by the State Court was discussed. Arguments in support of, and in opposition to said extension were heard from the parties. The Court denied plaintiff's request to extend the TRO, for the reasons stated on the record (a written decision to follow). Defendant stipulated on the record that the UCC sale in question will not be conducted any earlier than February 17, 2023. (Court Reporter Denise Parisi.) (PN) |
| Filing 7 MEMORANDUM in Opposition to Plaintiffs' Order to Show Cause for a Preliminary Injunction filed by Blue Castle (Cayman) Ltd.. (Attachments: #1 Declaration Declaration of John Ramer, #2 Exhibit Ramer Decl.- Exh A, #3 Exhibit Ramer Decl.- Exh B, #4 Exhibit Ramer Decl.- Exh C, #5 Exhibit Ramer Decl.- Exh D, #6 Exhibit Ramer Decl.- Exh E, #7 Exhibit Ramer Decl.- Exh F, #8 Exhibit Ramer Decl.- Exh G, #9 Exhibit Ramer Decl.- Exh H, #10 Exhibit Ramer Decl.- Exh I, #11 Exhibit Ramer Decl.- Exh J, #12 Exhibit Ramer Decl.- Exh K, #13 Declaration Declaration of Greg Corbin, #14 Exhibit Corbin Decl.- Exh A, #15 Declaration Mannion Decl., #16 Exhibit Mannion Decl.- Exh A, #17 Exhibit Mannion Decl.- Exh B, #18 Exhibit Mannion Decl.- Exh C, #19 Exhibit Mannion Decl.- Exh D, #20 Declaration Declaration of Jason A. Nagi, #21 Exhibit Nagi Decl.- Exh A, #22 Exhibit Nagi Decl.- Exh B, #23 Exhibit Nagi Decl.- Exh C, #24 Exhibit Nagi Decl.- Exh D, #25 Exhibit Nagi Decl.- Exh E, #26 Exhibit Nagi Decl.- Exh F) (Nagi, Jason) |
| Filing 6 Letter to Court advising of a January 25, 2023 limited proceeding in State Court and to inquire as to this Court's calendar and process going forward with respect to the argument set by the State Court for February 9, 2023. by Blue Castle (Cayman) Ltd. (Nagi, Jason) |
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SCHEDULING ORDER re #6 Letter to Court Advising of a January 25, 2023 Limited Proceeding. Defendant is directed to file its opposition to Plaintiffs' temporary restraining order by February 7, 2023. The Court schedules an in-person conference for February 9, 2023 at 2:00PM before Judge Hector Gonzalez in Courtroom 6A South. Ordered by Judge Hector Gonzalez on 2/1/2023. (JN)
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Filing 5
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by March 13, 2023, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 1/27/2023. (JN)
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| 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. (LJ) |
| Filing 3 NOTICE of Appearance by Stephen Michael Forte on behalf of Blue Castle (Cayman) Ltd. (aty to be noticed) (Forte, Stephen) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Additional attachment(s) added on 1/26/2023: #1 Additional Corrections) (LJ). |
| Case Assigned to Judge Hector Gonzalez. 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. (LJ) |
| Filing 1 NOTICE OF REMOVAL by Blue Castle (Cayman) Ltd. from Suffolk County Supreme Court, case number 600746/2023. ( Filing fee $ 402 receipt number ANYEDC-16344863) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Summons and Complaint [Dkt #1-2], #3 Exhibit B - Emergency Affirmation [Dkt #4], #4 Exhibit B - Affirmation in Support of Proposed OSC [Dkt #5], #5 Exhibit B - February 20 2020 Pledge Agreement [Dkt #6], #6 Exhibit B - January 31 2020 Pledge Agreement [Dkt #7], #7 Exhibit B - Foreclosure Complaint- Part I [Dkt #8], #8 Exhibit B - Foreclosure Complaint- Part II [Dkt #8], #9 Exhibit B - Notice of Disposition of Collateral [Dkt #9], #10 Exhibit B - Fedex Confirmation [Dkt #10], #11 Exhibit B - Refinance Term Sheet [Dkt #11], #12 Exhibit B - Appraisal [Dkt #12], #13 Exhibit B - Complaint [Dkt #13], #14 Exhibit B - Order to Show Cause-Signed [Dkt #16]) (Nagi, Jason) Modified on 1/26/2023 (LJ). |
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