MLCJR, LLC et al v. PDP Group, Inc.
| MLCJR, LLC, Cox Oil, LLC, Cox Operating, L.L.C., Cox Oil Offshore. L.L.C., CEXXI, Inc., Cox Investment Partners, LP and Energy XXI Gulf Coast, Inc. |
| PDP Group, Inc. doing business as Amynta Surety Solutions |
| 1:2022cv00616 |
| June 9, 2022 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Lawrence E Kahn |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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Filing 18
ORDER re #17 Notice of Voluntary Dismissal. Signed by Senior Judge Lawrence E. Kahn on 6/29/2022. (dpk)
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| Filing 17 NOTICE of Voluntary Dismissal by CEXXI, Inc., Cox Investment Partners, LP, Cox Oil Offshore. L.L.C., Cox Oil, LLC, Cox Operating, L.L.C., Energy XXI Gulf Coast, Inc., MLCJR, LLC (Faso, Nicholas) |
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Filing 16
TEXT ORDER: The Court has received the letter motion from counsel for Defendant, Dkt. No. 14, and the letter motion from counsel for Plaintiffs, Dkt. No. 15. In its letter motion, Defendant indicates its "concern that the Court lacks subject matter jurisdiction as to the case as a whole." Dkt. No. 14 at 1. Defendant asserts that Amynta is not the proper party in this suit, and instead that the United States Fire Insurance Company ("USFIC") is the proper party. Id. at 2. This is important, Defendant argues, because "USFIC is a Delaware corporation with its principle place of business in New Jersey" and Plaintiffs' "Complaint alleges that Plaintiffs are all Delaware corporations" which would mean that "[t]he mandatory joinder of USFIC will therefore destroy diversity and with it, the basis for Plaintiffs' claim of subject matter jurisdiction." Id. at 4. Plaintiffs responded to Defendant's letter by requesting that "given the nature of Defendant's objections, we ask that the Court hold Plaintiffs' proposed Order to Show Cause (Dkt. No. 10) in abeyance until Defendants' objections have been addressed." Dkt. No. 15. In light of the possibility that the Court may lack subject matter jurisdiction over this case, the Court GRANTS Plaintiffs' request, and will stay the case until July 7, 2022, or until Plaintiff files a response or motion to voluntarily dismiss of the action under Fed. R. Civ. P. 41. Thus, the Court will not presently rule on Plaintiffs' motion for a temporary restraining order ("TRO") or motion for a preliminary injunction. Dkt. No. 10. However, the parties are advised that if no further filings are made by July 7, 2022, at that time the Court will take under consideration Plaintiffs' motion for a TRO and order to show cause regarding preliminary injunction. SO ORDERED by Senior Judge Lawrence E. Kahn on 6/17/2022. (dpk)
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| Filing 15 Letter Request/ Letter Motion from Nicholas J. Faso, Esq. for CEXXI, Inc., Cox Investment Partners, LP, Cox Oil Offshore. L.L.C., Cox Oil, LLC, Cox Operating, L.L.C., Energy XXI Gulf Coast, Inc., MLCJR, LLC requesting Proposed Order to Show Cause be held in abeyance pending the opportunity to address Defendant's letter (Dkt. 14). submitted to Judge Lawrence E. Kahn . (Faso, Nicholas) |
| Filing 14 Letter Motion from Jonathan Bondy, Esq. for PDP Group, Inc. requesting Consideration of Subject Matter Jurisdiction submitted to Judge Lawrence E. Kahn . (Bondy, Jonathan) |
| Filing 13 NOTICE of Appearance by Stephen Wieder on behalf of PDP Group, Inc. (Wieder, Stephen) |
| Filing 12 NOTICE of Appearance by Brian I. Kantar on behalf of PDP Group, Inc. (Kantar, Brian) |
| Filing 11 NOTICE of Appearance by Jonathan S. Bondy on behalf of PDP Group, Inc. (Bondy, Jonathan) |
| TEXT NOTICE OF FILING DEFICIENCY regarding the Dkt. #12 Jonathan S. Bondy Notice of Appearance, Dkt. #13 Stephen Wieder Notice of Appearance, and Dkt. #11 Brian I. Kantar Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney addresses and phone numbers contained in the document do not match the NYND attorney admission records. Counselors are directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 6/22/2022 (gmd, ) |
| Notice of Attorney Admission Filing Deficiency re: #7 Motion for Limited Admission Pro Hac Vice of Bryant S. York; #8 Motion for Limited Admission Pro Hac Vice of James Gulotta; #9 Motion for Limited Admission Pro Hac Vice Andrew Mendez. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing that has been issued by a Court; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Filing 10 First MOTION for Preliminary Injunction filed by CEXXI, Inc., Cox Investment Partners, LP, Cox Oil Offshore. L.L.C., Cox Oil, LLC, Cox Operating, L.L.C., Energy XXI Gulf Coast, Inc., MLCJR, LLC. Motion returnable before Judge Lawrence E. Kahn, First MOTION for Temporary Restraining Order by CEXXI, Inc., Cox Investment Partners, LP, Cox Oil Offshore. L.L.C., Cox Oil, LLC, Cox Operating, L.L.C., Energy XXI Gulf Coast, Inc., MLCJR, LLC. (Attachments: #1 Memorandum of Law in support of Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction, #2 Declaration of Nicholas J. Faso, #3 Affidavit of Morgan McMillan, #4 Affidavit of Craig Sanders, #5 Exhibit(s) Ex. A - GAI, #6 Exhibit(s) Ex. B - Amynta Correspondence, #7 Exhibit(s) Ex. C - Demand Letter)(Faso, Nicholas) |
| Filing 9 MOTION for Limited Admission Pro Hac Vice of Andrew Mendez Filing fee $100, receipt number ANYNDC-5939749. (Attachments: #1 Declaration of Nicholas J. Faso, #2 Exhibit(s) Ex. A - Certificate of Good Standing, #3 Exhibit(s) Ex. B - Petition for Admission, #4 Exhibit(s) Ex. C - E-Filing Registration) Motions referred to Christian F. Hummel. (Faso, Nicholas) |
| Filing 8 MOTION for Limited Admission Pro Hac Vice of James Gulotta Filing fee $100, receipt number ANYNDC-5939747. (Attachments: #1 Declaration of Nicholas J. Faso, #2 Exhibit(s) Ex. A - Certificate of Good Standing, #3 Exhibit(s) Ex. B - Petition for Admission, #4 Exhibit(s) Ex. C - E-Filing Registration) Motions referred to Christian F. Hummel. (Faso, Nicholas) |
| Filing 7 MOTION for Limited Admission Pro Hac Vice of Bryant S. York Filing fee $100, receipt number ANYNDC-5939742. (Attachments: #1 Declaration of Nicholas Faso, #2 Exhibit(s) Ex. A - Certificate of Good Standing, #3 Exhibit(s) Ex. B - Petition for Admission, #4 Exhibit(s) Ex. C - E-Filing Registration) Motions referred to Christian F. Hummel. (Faso, Nicholas) |
| Filing 6 AFFIDAVIT of Service for Summons and Verified Complaint served on PDP Group, Inc. on June 13, 2022, filed by CEXXI, Inc., Cox Investment Partners, LP, Cox Oil Offshore. L.L.C., Cox Oil, LLC, Cox Operating, L.L.C., Energy XXI Gulf Coast, Inc., MLCJR, LLC. (Faso, Nicholas) |
| ***Answer due date updated for PDP Group, Inc. answer due 7/5/2022. (gmd, ) |
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Filing 5
TEXT ORDER: The Court has received Plaintiffs' complaint. Dkt. No. #1 ("Complaint"). The Complaint includes an "Application for Temporary Restraining Order [TRO]," Compl. at 13-15, and a "Request for Preliminary Injunction[,]" id. at 15. Neither the application for a TRO nor the request for a preliminary injunction are in compliance with Local Rule 65.1, which states: "A party may seek a temporary restraining order Notice of Motion or Order to Show Cause, as appropriate. Filing procedures and requirements for supporting documents are the same as set forth in Local Rule 7.1 for other motions. The application must include the motion for Temporary Restraining Order and/or Preliminary Injunction; a copy of the complaint, if the case has been recently filed; a memorandum of law; and a proposed order granting the injunctive relief. The moving party must serve any application for a temporary restraining order on all other parties unless Fed. R. Civ. P. 65 otherwise permits. L.R. 7.1(a)(2) governs motions for injunctive relief, other than those brought by Order to Show Cause. L.R. 7.1(e) governs motions brought by Order to Show Cause." Plaintiffs must comply with the Local Rules before the Court will consider either an application for a TRO or a request for a preliminary injunction. SO ORDERED by Senior Judge Lawrence E. Kahn on 6/10/2022. (dpk)
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| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney James C. Gulotta, Jr. Email address is jgulotta@stonepigman.com - Phone number is (504) 581-3200; Paul J. Masinter Email address is pmasinter@stonepigman.com -Phone number is (504) 581-3200; Andrew D. Mendez Email address is amendez@stonepigman.com -Phone number is (504) 581-3200; Bryant S. York Email address is byork@stonepigman.com - Phone number is (504) 581-3200. Admissions due by 6/24/2022. [Notice was emailed to all of the attorneys on 6/10/2022.](hmr) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/8/2022 at 09:00 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 9/1/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) |
| Filing 2 Summons Issued as to PDP Group, Inc. (hmr) |
| Filing 1 VERIFIED COMPLAINT for Declaratory Judgment, Damages, Temporary Restraining Order, Preliminary Injunction and Permanent Injunction against PDP Group, Inc. (Filing fee $402 receipt number ANYNDC-5931847) filed by Cox Investment Partners, LP, Cox Oil, LLC, Cox Oil Offshore. L.L.C., CEXXI, Inc., MLCJR, LLC, Energy XXI Gulf Coast, Inc., Cox Operating, L.L.C.. (Attachments: #1 Exhibit A - GAI, #2 Exhibit B - Amynta Correspondence, #3 Exhibit C - Demand Letter, #4 Exhibit D - Plaintiffs' Correspondence, #5 Civil Cover Sheet)(hmr) |
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