Mueller v. Michael Janssen Gallery Pte. Ltd. et al
| Scott C. Mueller |
| Michael Janssen, Michael Janssen Gallery Pte. Ltd., Marisa Newman Projects, LLC and Wilhelm Schurmann |
| 1:2015cv04827 |
| June 22, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Naomi Reice Buchwald |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 5, 2016. A more recent docket listing may be available from PACER.
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| Filing 34 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum and Order dated December 2, 2016, Defendant's motion to dismiss is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/5/2016) (Attachments: #1 Right to Appeal, #2 Right to Appeal) The Clerks Office Has Mailed Copies. (km) |
Filing 33
MEMORANDUM AND ORDER granting #20 Motion to Dismiss. For the aforementioned reasons, defendants' motion to dismiss is granted. This Memorandum and Order resolves Docket No. 20. The Clerk of the Court is directed to close the case. (Signed by Judge Naomi Reice Buchwald on 12/1/2016) (kgo) Modified on 12/2/2016 (kgo).
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| Transmission to Judgments and Orders Clerk. Transmitted re: #33 Order on Motion to Dismiss,, to the Judgments and Orders Clerk. (kgo) |
| Filing 32 REPLY MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss the Amended Complaint. . Document filed by Marisa Newman Projects, LLC. (Effron, Alan) |
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Filing 31
NOTICE OF DISMISSAL OF CLAIM AGAINST WILHELM SCHURMANN: Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiff Scott C. Mueller hereby dismisses without prejudice its claim against Wilhelm Schurmann (First Amended Complaint, Fifth Cause of Action). This dismissal does not affect any claim in the First Amended Complaint against the other defendants which claims are all expressly maintained. SO ORDERED. Wilhelm Schurmann terminated. (Signed by Judge Naomi Reice Buchwald on 5/9/2016) (kgo)
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| ***NOTE TO ATTORNEY TO E-MAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Robertson Beckerlegge to E-MAIL Document No. #30 Notice of voluntary dismissal to judgments@nysd.uscourts.gov with handwritten signatures. This document is not filed via ECF. (jk) |
| Filing 30 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Wilhelm Schurmann. Document filed by Scott C. Mueller. (Beckerlegge, Robertson) Modified on 5/9/2016 (jk). |
| Filing 29 LETTER addressed to Judge Naomi Reice Buchwald from Robertson D. Beckerlegge dated April 15, 2016 re: Statement of Issues and Summary of the Argument in Plaintiff's Memorandum of Law in Opposition to Defendant Marissa Newman Project LLC's Motion to Dismiss the Amended Complaint. Document filed by Scott C. Mueller.(Beckerlegge, Robertson) |
| Filing 28 MEMORANDUM OF LAW in Opposition re: #20 MOTION to Dismiss the Amended Complaint. . Document filed by Scott C. Mueller. (Beckerlegge, Robertson) |
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Filing 27
ORDER FOR ADMISSION PRO HAC VICE: granting #25 Motion for Edmund W. Searby to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 4/06/2016) (ama)
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| Filing 26 NOTICE OF CHANGE OF ADDRESS by Edmund W. Searby on behalf of Scott C. Mueller. New Address: Baker & Hostetler LLP, Key Tower, 127 Public Square, Cleveland, Ohio, 44114, (216) 621-0200. (Searby, Edmund) |
| Filing 25 MOTION for Edmund W. Searby to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12146520. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scott C. Mueller. (Attachments: #1 Text of Proposed Order, #2 Certificate of Good Standing)(Searby, Edmund) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Edmund W. Searby to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12146520. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Marisa Newman Projects, LLC.(Effron, Alan) |
| Filing 23 LETTER addressed to Judge Naomi Reice Buchwald from Alan Effron dated March 15, 2016 re: Motion to Dismiss the Amended Complaint. Document filed by Marisa Newman Projects, LLC.(Effron, Alan) |
| Filing 22 DECLARATION of Alan Effron in Support re: #20 MOTION to Dismiss the Amended Complaint.. Document filed by Marisa Newman Projects, LLC. (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - Agreement)(Effron, Alan) |
| Filing 21 MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss the Amended Complaint. . Document filed by Marisa Newman Projects, LLC. (Effron, Alan) |
| Filing 20 MOTION to Dismiss the Amended Complaint. Document filed by Marisa Newman Projects, LLC. Responses due by 4/15/2016(Effron, Alan) |
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Filing 19
MEMO ENDORSEMENT on re: #18 Letter filed by Marisa Newman Projects, LLC. ENDORSEMENT: So Ordered. (Motions due by 3/15/2016., Responses due by 4/15/2016, Replies due by 5/13/2016.) (Signed by Judge Naomi Reice Buchwald on 2/9/2016) (kl)
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| Filing 18 LETTER addressed to Judge Naomi Reice Buchwald from Alan Effron dated January 29, 2016 re: Proposed Briefing Schedule for Motion to Dismiss the Amended Complaint. Document filed by Marisa Newman Projects, LLC.(Effron, Alan) |
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Filing 17
ORDER terminating #16 Letter Motion for Conference. Having reviewed defense counsel's pre-motion letter of January 20, 2016, the Court has determined that Defendant Marisa Newman Projects may bring its anticipated motion to dismiss plaintiff's First Amended Complaint without the necessity of a pre-motion conference. The parties should confer and submit a briefing schedule agreeable to both sides, in which no more than sixty (60) days elapse from the fling of defendant's motion to the filing of defendant's reply. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 1/25/2016) (ama)
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| Filing 16 LETTER MOTION for Conference to Dismiss the Amended Complaint addressed to Judge Naomi Reice Buchwald from Alan Effron dated January 20, 2016. Document filed by Marisa Newman Projects, LLC.(Effron, Alan) |
| Filing 15 FIRST AMENDED COMPLAINT amending #1 Complaint, against Michael Janssen, Marisa Newman Projects, LLC, Michael Janssen Gallery Pte. Ltd., Wilhelm Schurmann with JURY DEMAND.Document filed by Scott C. Mueller. Related document: #1 Complaint, filed by Scott C. Mueller. (Attachments: #1 Exhibit A-Agreement of Purchase and Sale)(Beckerlegge, Robertson) |
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Filing 14
ORDER. Having reviewed the parties' pre-motion letters dated December 10 and December 18, 2015, the Court has determined that Defendant Marisa Newman Projects may bring its anticipated motion to dismiss without the necessity of a pre-motion conference. Plaintiff is reminded that if, consistent with Rule 11, he can assert additional allegations to cure any alleged deficiencies raised by defendant's letter, it would be in the best interest of both the parties and the Court for plaintiff to assert them now, before briefing on the proposed motion. Plaintiff is thus granted leave to file an amended complaint within three (3) weeks of this Order. At that time, if no amended complaint has been filed, the parties should confer and submit a briefing schedule agreeable to both sides, in which no more than sixty (60) days elapse from the filing of defendant's motion to the filing of defendant's reply. Terminating #12 LETTER MOTION for Conference to file motion to dismiss addressed to Judge Naomi Reice Buchwald from Alan Effron dated December 10, 2015. Document filed by Marisa Newman Projects, LLC. (Signed by Judge Naomi Reice Buchwald on 12/23/2015) (rjm)
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| Filing 13 LETTER addressed to Judge Naomi Reice Buchwald from Robertson D. Beckerlegge dated December 18, 2015 re: Response to Defendant Marisa Newman Projects, LLC's Pre-Motion Letter Dated December 10, 2015. Document filed by Scott C. Mueller.(Beckerlegge, Robertson) |
| Filing 12 LETTER MOTION for Conference to file motion to dismiss addressed to Judge Naomi Reice Buchwald from Alan Effron dated December 10, 2015. Document filed by Marisa Newman Projects, LLC.(Effron, Alan) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Marisa Newman Projects, LLC waiver sent on 10/13/2015, answer due 12/14/2015. Document filed by Scott C. Mueller. (Beckerlegge, Robertson) |
| Filing 10 AFFIDAVIT OF SERVICE of Notice of Lawsuit and Request to Waive Service of Summons, Waiver of the Service of Summons, Complaint and Supporting Documents served on Marisa Newman Projects, LLC on October 13, 2015. Service was made by Mail. Document filed by Scott C. Mueller. (Beckerlegge, Robertson) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Marisa Newman Projects, LLC. (pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Michael Janssen. (pc) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Michael Janssen Gallery Pte. Ltd.. (pc) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Marisa Newman Projects, LLC, re: #1 Complaint,. Document filed by Scott C. Mueller. (Beckerlegge, Robertson) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Janssen, re: #1 Complaint,. Document filed by Scott C. Mueller. (Beckerlegge, Robertson) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Janssen Gallery Pte. Ltd., re: #1 Complaint,. Document filed by Scott C. Mueller. (Beckerlegge, Robertson) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Multiple Summons in one entry. Must be requested separately requested;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dgo) |
| Case Designated ECF. (dgo) |
| Magistrate Judge Frank Maas is so designated. (dgo) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Michael Janssen Gallery Pte. Ltd., Michael Janssen, Wilhelm Schurmann and Marisa Newman Projects, LLC, re: #1 Complaint,. Document filed by Scott C. Mueller. (Beckerlegge, Robertson) Modified on 6/24/2015 (dgo). |
| Filing 2 CIVIL COVER SHEET filed. (Beckerlegge, Robertson) |
| Filing 1 COMPLAINT against Michael Janssen, Marisa Newman Projects, LLC, Michael Janssen Gallery Pte. Ltd., Wilhelm Schurmann. (Filing Fee $ 400.00, Receipt Number 0208-11063123)Document filed by Scott C. Mueller. (Attachments: #1 Exhibit A-Agreement of Purchase and Sale)(Beckerlegge, Robertson) |
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