Broadband Capital Investments II, LLC v. Dream Holdings, Inc.
Plaintiff: Broadband Capital Investments II, LLC
Defendant: Dream Holdings, Inc. doing business as Aerofarms LLC
Case Number: 1:2022cv01252
Filed: November 23, 2022
Court: US District Court for the Northern District of New York
Presiding Judge: Brenda K Sannes
Referring Judge: Daniel J Stewart
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. § 1332 Diversity-Contract Dispute
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 8, 2023 TEXT NOTICE: The Rule 16 Initial Conference set for January 13, 2022 before Magistrate Judge Daniel J. Stewart and the deadline for the parties to file a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (mab)
December 28, 2022 Opinion or Order Filing 21 TEXT ORDER approving #20 Stipulation to extend the deadline for Plaintiff to respond to Defendant's #19 Motion to Dismiss until February 3, 2023 and the deadline for Plaintiff to file a reply to this motion until February 17, 2023. SO ORDERED by Chief Judge Brenda K. Sannes on 12/28/2022. (sal )
December 28, 2022 Filing 20 STIPULATION re #19 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Dream Holdings, Inc.. Motion returnable before Judge Brenda K. Sannes MOTION to Transfer Case filed by Dream Holdings, Inc.. MOTION to Dismiss for Failure to State a Claim filed by Dream Holdings, Inc.. Motion returnable before Judge Brenda K. Sannes by Broadband Capital Investments II, LLC submitted to Judge Brenda K. Sannes. (Picca, Dominic)
December 14, 2022 Filing 19 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Dream Holdings, Inc.. Motion returnable before Judge Brenda K. Sannes, MOTION to Transfer Case filed by Dream Holdings, Inc.., MOTION to Dismiss for Failure to State a Claim filed by Dream Holdings, Inc.. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 1/4/2023. Reply to Response to Motion due by 1/11/2023 (Attachments: #1 Memorandum of Law, #2 Declaration Declaration of Negin Hadaghian, #3 Exhibit(s) 1 - Event of Default Notice, #4 Exhibit(s) 2 - Letter Response, #5 Exhibit(s) 3 - Subordination Agreement, #6 Declaration Declaration of Guy Blanchard, #7 Proposed Order/Judgment) Motions referred to Daniel J. Stewart. (Hadaghian, Negin)
December 13, 2022 Opinion or Order Filing 18 TEXT ORDER granting #15 Motion for Limited Admission Pro Hac Vice. Attorney Jeffrey S. Torosian is hereby admitted to practice in this matter on behalf of Defendant. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 12/13/2022. (mab)
December 13, 2022 Opinion or Order Filing 17 TEXT ORDER granting #14 Motion for Limited Admission Pro Hac Vice. Attorney Joseph A. Roselius is hereby admitted to practice in this matter on behalf of Defendant. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 12/13/2022. (mab)
December 8, 2022 TEXT NOTICE OF FILING DEFICIENCY as to Dream Holdings, Inc. regarding the #16 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney address and/or email address contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. EMAIL ADDRESS ONLY NEEDS TO BE UPDATED. Notice of Filing Deficiency Deadline 12/12/2022 (hmr)
December 7, 2022 Filing 16 NOTICE of Appearance by Negin Hadaghian on behalf of Dream Holdings, Inc. (Hadaghian, Negin)
December 7, 2022 Filing 15 MOTION for Limited Admission Pro Hac Vice of Jeffrey S. Torosian Filing fee $100, receipt number ANYNDC-6125003. (Attachments: #1 Petition for Admission, #2 Attorney Registration, #3 Certificate of Good Standing, #4 Declaration of Sponsor, #5 Proposed Order/Judgment) Motions referred to Daniel J. Stewart. (Kennedy, Garrett)
December 7, 2022 Filing 14 MOTION for Limited Admission Pro Hac Vice of Joseph A. Roselius Filing fee $100, receipt number ANYNDC-6124997. (Attachments: #1 Petition for Admission, #2 Attorney Registration, #3 Certificate of Good Standing, #4 Declaration of Sponsor, #5 Proposed Order/Judgment) Motions referred to Daniel J. Stewart. (Kennedy, Garrett)
December 6, 2022 Filing 13 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Broadband Capital Investments II, LLC. (Picca, Dominic)
December 6, 2022 Filing 12 NOTICE of Appearance by Dominic J. Picca on behalf of Broadband Capital Investments II, LLC (Picca, Dominic)
December 6, 2022 Filing 11 NOTICE of Change of Address by Dominic J. Picca Effective Date December 6, 2022 Old Address: 666 Third Avenue, New York, NY, 10017 New Address: 919 Third Avenue, 38th Floor New York, NY 10022 (Picca, Dominic)
December 2, 2022 Filing 10 NOTICE of Appearance by Jacob H. Hupart on behalf of Broadband Capital Investments II, LLC (Hupart, Jacob)
November 30, 2022 Opinion or Order Filing 9 TEXT ORDER granting Defendant's #7 Letter Request, filed on consent, seeking an extension of time to file an Answer or otherwise respond to the Complaint in this matter. Defendant shall file a response on or before December 14, 2022. SO ORDERED by Magistrate Judge Daniel J. Stewart on 11/30/2022. (mab)
November 29, 2022 Filing 8 AFFIDAVIT of Service for Notice of Removal with exhibits #1 and Civil Case Assignment & Filing Order #6 served on Dominic J. Picca, Esq. on November 28, 2022, filed by Dream Holdings, Inc.. (Kennedy, Garrett)
November 29, 2022 Filing 7 Letter Motion from Garrett D. Kennedy for Dream Holdings, Inc. requesting Extension of Deadline to Respond to Complaint submitted to Judge Brenda K. Sannes . (Kennedy, Garrett)
November 28, 2022 ***Answer due date updated for Dream Holdings, Inc. answer due 11/30/2022. (khr)
November 23, 2022 Filing 6 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/13/2023 09:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/6/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr)(Emailed a copy to attorneys not admitted on 11/23/2022)
November 23, 2022 Filing 5 NOTICE OF ADMISSION REQUIREMENT as to Party Defendant; Attorney Jeffrey S. Torosian; Joseph A. Roselius, Email address is jeffrey.torosian@us.dlapiper.com; joseph.roselius@us.dlapiper.com. Phone number is 312-368-4000. Admissions due by 12/7/2022. (khr)(Emailed attorneys on 11/23/2022)
November 23, 2022 Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Dominic J. Picca; Francis J. Earley; Jacob H. Hupart, Email address is DJPicca@mintz.com; FJEarley@mintz.com; JHHupart@mintz.com. Phone number is 212-935-3000. Admissions due by 12/7/2022. (khr)(Notice emailed to attorneys on 11/23/2022)
November 23, 2022 Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Dream Holdings, Inc. (khr)
November 23, 2022 Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in NYS Supreme Court - County of Albany. (khr)
November 23, 2022 Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - County of Albany, case number 908118-22 (Filing fee $402 receipt number ANYNDC-6110936) filed by Dream Holdings, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet)(khr)

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Plaintiff: Broadband Capital Investments II, LLC
Represented By: Jacob H. Hupart
Represented By: Dominic J. Picca
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Defendant: Dream Holdings, Inc. doing business as Aerofarms LLC
Represented By: Garrett Kennedy
Represented By: Negin Hadaghian
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