Software LLC v. Maranda et al
| Software LLC |
| Black Mesa Communications, LLC, Donald D'Avanzo, Michael Maranda LLC, Melissa Welsh, Michael Maranda, Richard Long and Michael Carter |
| 5:2020cv01509 |
| December 8, 2020 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Thomas J McAvoy |
| Glenn T Suddaby |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| None |
Docket Report
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This docket was last retrieved on December 23, 2020. A more recent docket listing may be available from PACER.
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Filing 15
ORDER approving #14 Stipulation of Dismissal that pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), all claims against all Defendants asserted in the action, in their entirety, are dismissed with prejudice, with all attorney's fees, costs of court and expenses to be borne by each party incurring the same. Signed by Chief Judge Glenn T. Suddaby on 12/23/2020. (sal)
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| Filing 14 STIPULATION of Dismissal by Software LLC submitted to Judge Glenn T. Suddaby. (Williams, T. Edward) |
| Filing 13 NOTICE by Software LLC Status Update on Settlement (Williams, T. Edward) |
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Filing 12
TEXT ORDER directing the Clerk of Court to relabel #10 Plaintiff's "AMENDED EMERGENCY MOTION for WRIT OF REPLEVIN" as its "SUPPLEMENT to EMERGENCY MOTION for WRIT of REPLEVIN." Plaintiff is advised that, although its supplement attaches the Exhibit C and revised order (and spreadsheet) that the Court requested in its Text Notice of 12/10/2020, its supplement fails to attach the Exhibit B, memorandum of law, and supplemental declaration that the Court requested. The parties are advised that Defendants' three-day time period in which to file their opposition papers shall not start running until either Plaintiff files the aforementioned documents or advises the Court in writing that its motion is complete. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/17/2020. (sal )
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| Filing 11 Exhibit List Software LLC's Exhibits B & C by Software LLC. (Attachments: #1 Exhibit(s) Exhibit C)(Williams, T. Edward) |
| Filing 10 SUPPLEMENT to EMERGENCY MOTION for WRIT OF REPLEVIN by Software LLC. (Williams, T. Edward) Modified on 12/16/2020 (mgh). Modified on 12/17/2020 per Text Order entered on 12/17/2020 (sal). |
| Filing 9 NOTICE by Software LLC Regarding Supplemental Filing (Williams, T. Edward) |
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Filing 8
TEXT ORDER granting in part and denying in part Defendants' #7 letter-request. To the extent Defendants request leave to file opposition papers, that request is granted: such papers are due THREE (3) DAYS after Plaintiff finishes supplementing its motion papers. To the extent Defendants request a conference, that request is denied without prejudice as unsupported by a showing of cause. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/10/2020. (sal)
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| Filing 7 Letter Motion from Benjamin F. Neidl, Esq. for Michael Maranda, Michael Maranda LLC requesting opportunity to be heard on plaintiff's apparent motion for replevin submitted to Judge Hon. Glenn T. Suddaby . (Neidl, Benjamin) |
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Filing 6
TEXT ORDER REASSIGNING CASE. Case reassigned to Chief Judge Glenn T. Suddaby as district judge for all further proceedings. Senior Judge Thomas J. McAvoy no longer assigned to case. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/10/2020. (sal )
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TEXT NOTICE re #2 Emergency Motion for Writ of Replevin by Software LLC respectfully advising Plaintiff that, before the Court can grant its emergency motion for a writ of replevin, Plaintiff must do the following four things. First, it must file a memorandum of law as required by N.D.N.Y. L.R. 7.1(a)(1). Second, it must file the "Exhibit B" and the "Exhibit C" that are referenced in the declaration of Robert Lober. Third, it must file a supplemental declaration clearly identifying the chattel to be seized as required by N.Y. C.P.LR. 7102(c) and Fed. R. Civ. P. 64, and stating "facts sufficient to establish that[,] unless such order is granted without notice, it is probable the chattel will become unavailable for seizure by reason of being transferred, concealed, disposed of, or removed from the state, or will become substantially impaired in value" as required by N.Y. C.P.L.R. 7102(c)(7) and Fed. R. Civ. P. 64. Cf. N.D.N.Y. L.R. 7.1(e). Fourth, it must file a revised proposed writ that doubles the (current) amount of the written undertaking as required by N.Y. C.P.L.R. 7102(e) and Fed. R. Civ. P. 64, and attaches the "spreadsheet" referenced in the proposed writ as required by N.Y. C.P.L.R. 7102(d) and Fed. R. Civ. P. 64. Authorized by Chief Judge Glenn T. Suddaby on 12/10/2020. (sal)
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| Filing 5 Summons Issued as to Black Mesa Communications, LLC, Michael Carter, Donald D'Avanzo, Richard Long, Michael Maranda, Michael Maranda LLC, Melissa Welsh. (Attachments: #1 Summons Issued as to Michael Maranda LLC, #2 Summons Issued as to Michael Carter, #3 Summons Issued as to Melissa Welsh, #4 Summons Issued as to Richard Long, #5 Summons Issued as to Adirondack PV Design, #6 Summons Issued as to Black Mesa Communications LLC, #7 Summons Issued as to Donald D'Avanzo)(mgh) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS(ES): Software LLC is requesting summons(es) be issued as to (Williams, T. Edward) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/15/2021 11:00 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 3/8/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
| Filing 2 EMERGENCY MOTION for WRIT OF REPLEVIN by Software LLC. (Attachments: #1 Affidavit of Robert Lober in Support of Emergency Motion for Writ of Replevin)(mgh) |
| Filing 1 COMPLAINT against Black Mesa Communications, LLC, Michael Carter, Donald D'Avanzo, Richard Long, Michael Maranda, Michael Maranda LLC, Melissa Welsh (Filing fee $402 receipt number ANYNDC-5341194) filed by Software LLC. (Attachments: #1 Civil Cover Sheet)(mgh) (Additional attachment(s) added on 12/9/2020: #2 Exhibit A) (lmw, ). |
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