Felton et al v. Wood et al
| Colin Felton and ComposiTech LLC |
| John Wood and Evolve Resource Management LLC |
| 1:2024cv00270 |
| February 24, 2024 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Miroslav Lovric |
| Contract: Other |
| 28 U.S.C. § 1446 Notice of Removal |
| None |
Docket Report
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| Filing 18 Letter dated 4/1/2024 by Deputy Clerk Susan Evans enclosing certified copies of the #16 Stipulation & Order of Remand and docket sheet addressed to the Clerk of NYS Supreme Court, County of Washington, re: remand. (see) |
| Filing 17 JUDGMENT (Attachments: #1 Appeal Notice) (ban) |
Filing 16
Stipulation and ORDER TO REMAND granting #15 Stipulation filed by Colin Felton, ComposiTech LLC. Signed by U.S. District Judge Mae A. D'Agostino on 03/29/24. (ban)
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| Filing 15 STIPULATION To Remand by ComposiTech LLC, Colin Felton submitted to Judge HON. MAE A. D'AGOSTINO. (Lati, Miro) |
| TEXT Minute Entry for Telephone Pre-Motion Conference held on 3/20/2024 before U.S. District Judge Mae A. D'Agostino: Appearances by Miro Lati, Esq. for the Plaintiffs; Michael Crowe, Esq. for the defendants; Judge D'Agostino will permit the plaintiff to file their motion to remand. The motion to remand is to be filed on or before 4/3/24; The defense is permitted to file a motion to dismiss, and the Plaintiff may cross-move to amend, AFTER the motion to remand is decided. Deadlines for filings will be set, if necessary, after a decision on the motion to remand. (Court Reporter Lisa Tennyson, CRD Britney [Time 9:30 a.m. - 9:39 a.m.]) (ban) |
| Filing 14 Pre-Motion Reply with Proposed Amended Complaint re #13 Pre-Motion letter and #8 Pre-Motion Letter by Evolve Resource Management LLC, John Wood. #1 Exhibit(s) Proposed Amended Complaint)(Lati, Miro) Modified on 3/14/2024 (ban). |
| Filing 13 Pre-Motion Response to #9 Pre-Motion Letter by ComposiTech LLC, Colin Felton requesting a pre-motion conference submitted to Judge D'Agostino . (Crowe, Michael) |
| Filing 12 Pre-Motion Response to #8 Pre-Motion Letter by Evolve Resource Management LLC, John Wood requesting a pre-motion conference submitted to Judge D'Agostino . (Lati, Miro) |
| Filing 11 TEXT ORDER re #8 Pre-Motion Letter #10 LETTER BRIEF #9 Pre-Motion Letter: The Court is in receipt of the pre-motion letters in this matter. A pre-motion telephone conference will be scheduled. All pre-motion letters, regarding remand and dismissal, will be addressed during the scheduled conference call. The Plaintiffs request for an extension of time to respond to the defendants pre-motion letter is granted in part. The plaintiff may file a response to #8 Defendants Pre-Motion Letter, on or before 3/12/24. The defendant may file a response to #9 Plaintiffs Pre-Motion Letter, on or before 3/12/24. Signed by U.S. District Judge Mae A. D'Agostino on 03/07/2024. (ban) |
| Filing 10 LETTER BRIEF For Extension of Time to Respond to Defendants' Pre-motion Conference letter to dismiss and to extend Plaintiffs' time to file motion to remand by ComposiTech LLC, Colin Felton. (Lati, Miro) |
| Filing 9 Pre-Motion Letter by ComposiTech LLC, Colin Felton requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 3/8/2024 (Lati, Miro) |
| Filing 8 Pre-Motion Letter by Evolve Resource Management LLC, John Wood requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 3/7/2024 (Crowe, Michael) |
| Filing 7 LETTER BRIEF Identifying Basis for Removal by Evolve Resource Management LLC, John Wood. (Crowe, Michael) |
| Filing 6 CERTIFICATE OF SERVICE by Evolve Resource Management LLC, John Wood re #1 Notice of Removal,, (Crowe, Michael) |
| TEXT NOTICE: The Initial Conference scheduled for 4/18/2024 at 1:30PM before Magistrate Judge Miroslav Lovric, will be held via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. (jdc ) |
| Filing 5 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (Copy served upon Plaintiff's attorney via email on 2/26/2024) (kck) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiffs; Attorney Miro Lati, Esq. Email address is miro@pitcofflawgroup.com. Phone number is (646) 580-3204. Admissions due by 3/11/2024. (Copy served upon attorney via email with GO #25 on 2/26/2024) (kck) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 4/18/2024 at 1:30 PM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/11/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (kck) |
| TEXT NOTICE OF FILING DEFICIENCY regarding the #1 Notice of Removal and #2 State Court Complaint, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted a document (Exhibit G - home addresses) that is not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number 1:24-cv-270. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. Notice of Filing Deficiency Deadline 2/29/2024 (kck) |
| CLERK'S CORRECTION OF DOCKET ENTRY RE: #1 Notice of Removal and #2 State Court Complaint: redacted copies of attachment #1 Exhibit G - State Court Complaint and #2 State Court Complaint have been uploaded and attached. The unredacted copies of Exhibit G and the State Court Complaint are now permanently restricted pursuant to Fed. R. Civ. P. Rule 5.2 and NYND Local Rule 5.2. (kck) |
| ***Answer due date set for Evolve Resource Management LLC and John Wood. Answer due 3/4/2024. (kck) |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiffs in NYS Supreme Court - Washington County. (kck) (Additional attachment(s) added on 2/26/2024: #1 State Court Complaint - Redacted) (kck, ). |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - Washington County, case number EC2023-35780 (Filing fee $405 receipt number ANYNDC-6630455) filed by John Wood and Evolve Resource Management LLC. (Attachments: #1 Exhibit A - State Court Summons with Notice, #2 Exhibit B - State Court OSHOW, #3 Exhibit C - State Court Notice of Appearance, #4 Exhibit D - State Court Stipulation 9.27.23, #5 Exhibit E - State Court Stipulation 10.31.23, #6 Exhibit F - State Court Order, #7 Exhibit G - State Court Complaint, #8 Civil Cover Sheet) (kck) (Additional attachment(s) added on 2/26/2024: #9 Exhibit G - State Court Complaint - Redacted) (kck, ). |
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