DATTA et al v. TWIN TECHNOLOGIES, INC.
| 360 MARTECHSOL, LLC and AMAN DATTA |
| TWIN TECHNOLOGIES, INC. |
| 1:2019cv01195 |
| September 25, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Gary L Sharpe |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Defendant |
Docket Report
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Filing 33
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 4 days (Jury Trial). Preferred Trial Location: Albany, NY. Joinder of Parties due by 11/1/2019. Amended Pleadings due by 11/1/2019. Discovery due by 4/30/2020. Motions to be filed by 6/29/2020. Deadline for completion of Mandatory Mediation is 3/2/2020. Status Report due by 2/14/2020. Signed by Magistrate Judge Christian F. Hummel on 11/18/2019. (tab)
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Filing 32
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 12/16/2019. Deadline for completion of Mandatory Mediation is 3/2/2020. Signed by Magistrate Judge Christian F. Hummel on 11/18/2019. (tab)
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| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 11/15/2019. Appearances by John Coyle, Esq. for plaintiffs; Ross Greenky, Esq. for Defendants. Pretrial deadlines are established and a Scheduling Order will be issued. (tab) |
| Filing 31 CIVIL CASE MANAGEMENT PLAN by TWIN TECHNOLOGIES, INC.. (Greenky, Ross) |
| Filing 30 G.O. 25 FILING ORDER ISSUED: Initial Conference (by telephone) is set for Friday, 11/15/2019 @ 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/12/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Parties are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab) |
| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Telephonic Status Conference held on 10/29/2019. Appearances by John Coyle, Esq. and Jennifer Capone, Esq. for plaintiffs; Ross Greenky, Esq. for Defendant. The Court inquires about case deadlines and schedules a Rule 16 conference for 11/15/2019. Parties are directed to meet and confer and to submit a civil case management plan prior to the conference. A General Order 25 will be issued in this case. Plaintiff is also directed to send a settlement demand to Defendant. (tab) |
| Filing 29 NOTICE of Teleconference: A Telephone Conference has been set for 10/29/2019 @ 9:30 AM in Albany before Magistrate Judge Christian F. Hummel. Counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call. (tab) |
| Filing 28 NOTICE of Appearance by Ross M. Greenky on behalf of TWIN TECHNOLOGIES, INC. (Greenky, Ross) |
| Filing 27 NOTICE of Admission Requirement as to Party Defendant; Attorney Scott Fleischer, Barclay Damon, LLP, 1270 Avenue of the Americas, Suite 600, NY, NY 10020, Email address is sfleischer@barclaydamon.com. Phone number is 212-784-5810. Admissions due by 10/30/2019. (khr) |
| Filing 26 Mail Returned as Undeliverable. re: #24 Notice of Admission Requirement, sent to John Canoni Address sent to 1250 Avenue of the Americas, Suite 600, New York, NY 10020 (khr) |
| Filing 25 Mail Returned as Undeliverable. re: #24 Notice of Admission Requirement, sent to Scott Lawrence Fleischer Address sent to 1250 Avenue of the Americas, Suite 600, New York, NY 10020 (khr) |
| Filing 24 NOTICE of Admission Requirement as to Party Defendant; Attorney Scott Lawrence Fleischer, Email address is sfleisher@barclaydamon.com. and Attorney John Canoni, Email address is jeanoni@barclaydamon.com; Phone number is (212)784-5810. Admissions due by 10/9/2019. [Served by reg mail.](sfp, ) |
| Filing 23 Case transferred in from District of New Jersey; Case Number 2:18-cv-15212. electronically transferred when case opened |
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Filing 22
TEXT ORDER: The parties shall disregard the previous Text Order, (ECF No. 21), which was entered in error. The Telephone Conference originally set for 9/20/19 is adjourned without date. So Ordered by Magistrate Judge Joseph A. Dickson on 9/17/19. (jbb) [Transferred from New Jersey on 9/25/2019.]
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Filing 21
TEXT ORDER: The parties are advised that the Telephone Status Conference scheduled for 9/20/19 is hereby adjourned to 10/4/19 at 3:00 p.m. So Ordered by Magistrate Judge Joseph A. Dickson on 9/16/19. (jbb) [Transferred from New Jersey on 9/25/2019.]
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| ***Civil Case Terminated. See #20 Order to Transfer. (dam, ) [Transferred from New Jersey on 9/25/2019.] |
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Filing 20
ORDER granting #14 Defendant's Motion to Transfer Case to U.S. DISTRICT COURT for the NORTHERN DISTRICT OF NEW YORK. etc. Signed by Magistrate Judge Joseph A. Dickson on 9/9/2019. (dam, ) [Transferred from New Jersey on 9/25/2019.]
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| Filing 19 OPINION. Signed by Magistrate Judge Joseph A. Dickson on 9/9/2019. (dam, ) [Transferred from New Jersey on 9/25/2019.] |
| Filing 18 Substitution of Attorney - Attorney JOHN CANONI terminated. Attorney SCOTT LAWRENCE FLEISCHER for TWIN TECHNOLOGIES, INC.,SCOTT LAWRENCE FLEISCHER for TWIN TECHNOLOGIES, INC. added.. (CANONI, JOHN) [Transferred from New Jersey on 9/25/2019.] |
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Filing 17
TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Katharine S. Hayden for all further proceedings. Chief Judge Jose L. Linares no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 5/20/19. (ak, ) [Transferred from New Jersey on 9/25/2019.]
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| Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Telephone Status Conference held on 5/20/2019. A Telephone Status Conference is scheduled for 9/20/19 at 10:30 a.m. Counsel for Plaintiff shall kindly coordinate the call to Chambers (973-645-2580). (jbb) [Transferred from New Jersey on 9/25/2019.] |
| Filing 16 REPLY BRIEF to Opposition to Motion filed by TWIN TECHNOLOGIES, INC. re #14 MOTION to Transfer Case to Northern District of New York (Attachments: #1 Certification Reply Declaration of Benjamin Elmore)(CANONI, JOHN) [Transferred from New Jersey on 9/25/2019.] |
| Filing 15 RESPONSE in Opposition filed by All Plaintiffs re #14 MOTION to Transfer Case to Northern District of New York (Attachments: #1 Certification of Aman Datta, #2 Certification of John D. Coyle, Esq.)(COYLE, JOHN) [Transferred from New Jersey on 9/25/2019.] |
| Set Deadlines as to #14 MOTION to Transfer Case to Northern District of New York . Motion set for 3/18/2019 before Chief Judge Jose L. Linares. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sm) [Transferred from New Jersey on 9/25/2019.] |
| Filing 14 MOTION to Transfer Case to Northern District of New York by TWIN TECHNOLOGIES, INC.. (Attachments: #1 Declaration of Benjamin Elmore with annexed agreement, #2 Brief, #3 Text of Proposed Order)(CANONI, JOHN) [Transferred from New Jersey on 9/25/2019.] |
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Filing 13
PRETRIAL SCHEDULING ORDER: A Telephone Status Conference is set for 5/20/2019 11:00 AM before Magistrate Judge Joseph A. Dickson, Plaintiff's counsel shall initiate the call. Amended Pleadings due by 5/31/2019. Fact Discovery shall remain open through 11/1/2019, etc. Signed by Magistrate Judge Joseph A. Dickson on 2/1/2019. (sm) [Transferred from New Jersey on 9/25/2019.]
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| Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Initial Pretrial Conference held on 2/1/2019. (jbb) [Transferred from New Jersey on 9/25/2019.] |
| Filing 12 Joint Discovery Plan by All Plaintiffs.(COYLE, JOHN) [Transferred from New Jersey on 9/25/2019.] |
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Filing 11
TEXT ORDER: The parties are advised that the initial scheduling conference scheduled for 1/30/19 is adjourned to 2/1/19 at 3:00 p.m. So Ordered by Magistrate Judge Joseph A. Dickson on 1/15/19. (jbb) [Transferred from New Jersey on 9/25/2019.]
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Filing 10
ORDER: Initial Conference set for 1/30/2019 03:00 PM in Newark - Courtroom 2D before Magistrate Judge Joseph A. Dickson.. Signed by Magistrate Judge Joseph A. Dickson on 12/4/18. (nm, ) [Transferred from New Jersey on 9/25/2019.]
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| Filing 9 Corporate Disclosure Statement by 360 MARTECHSOL, LLC. (COYLE, JOHN) [Transferred from New Jersey on 9/25/2019.] |
| Filing 8 ANSWER to Counterclaim by 360 MARTECHSOL, LLC, AMAN DATTA.(COYLE, JOHN) [Transferred from New Jersey on 9/25/2019.] |
| Filing 7 ANSWER to Complaint with JURY DEMAND , COUNTERCLAIM against All Plaintiffs by TWIN TECHNOLOGIES, INC..(CANONI, JOHN) [Transferred from New Jersey on 9/25/2019.] |
| Filing 6 Certification of John C. Canoni on behalf of TWIN TECHNOLOGIES, INC. Re 3 Order,,,. (CANONI, JOHN) [Transferred from New Jersey on 9/25/2019.] |
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Filing 5
STIPULATION AND ORDER EXTENDING DEFENDANT'S TIME TO ANSWER, MOVE OR OTHERWISE RESPOND to the Complaint from 10/30/2018 to and including 11/9/2018. Signed by Magistrate Judge Joseph A. Dickson on 10/30/2018. (sm) [Transferred from New Jersey on 9/25/2019.]
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| Answer Due Deadline Update - The document submitted by TWIN TECHNOLOGIES, INC. has been GRANTED. The answer due date has been set for 10/30/2018. (sm) [Transferred from New Jersey on 9/25/2019.] |
| Filing 4 STIPULATION Extending Time to Answer by All Defendants. (CANONI, JOHN) [Transferred from New Jersey on 9/25/2019.] |
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Filing 3
TEXT ORDER - In its Notice of Removal, Defendant represents that Plaintiff 360 MarTechSol, LLC is "a New Jersey limited liability company with its principal place of business in New Jersey, making Plaintiff a citizen of New Jersey and thus diverse from Defendant, a citizen of Delaware and New York. (Notice of Removal at 2, ECF No. 1). That is not the appropriate standard for determining the citizenship of a limited liability company. On or before 11/9/18, Defendant shall file a certification describing the citizenship of each of Plaintiff 360 MarTechSol, LLCs members. If Defendant fails to do so, this Court will recommend that the District Court remand this matter to the Superior Court of New Jersey for lack of subject matter jurisdiction.. So Ordered by Magistrate Judge Joseph A. Dickson on 10/25/18. (nm, ) [Transferred from New Jersey on 9/25/2019.]
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| Filing 2 Corporate Disclosure Statement by Twin Technologies, Inc.. (CANONI, JOHN) [Transferred from New Jersey on 9/25/2019.] |
| Filing 1 NOTICE OF REMOVAL by Twin Technologies, Inc. from Superior Court of Essex County, case number ESX-L-6729-18. ( Filing and Admin fee $ 400 receipt number 0312-9116736), filed by Twin Technologies, Inc.. (Attachments: #1 Civil Cover Sheet)(CANONI, JOHN) [Transferred from New Jersey on 9/25/2019.] |
| Case assigned to Chief Judge Jose L. Linares and Magistrate Judge Joseph A. Dickson. (jr) [Transferred from New Jersey on 9/25/2019.] |
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