Imbruce et al v. American Arbitration Association, Inc.
| Gregory Imbruce, Giddings Investments, LLC, Giddings Genpar LLC, Hunton Oil Genpar LLC, ASYM Capital III LLC, Glenrose Holdings LLC and ASYM Energy Investments LLC |
| American Arbitration Association, Inc. |
| 1:2015cv07508 |
| September 23, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Naomi Reice Buchwald |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on September 26, 2016. A more recent docket listing may be available from PACER.
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Filing 31
CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum and Order dated September 22, 2016, AAA's motion to dismiss the Amended Complaint is granted and this case is closed. (Signed by Clerk of Court Ruby Krajick on 09*26/2016) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt) (Main Document 31 replaced on 9/27/2016) (dt).
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Filing 30
MEMORANDUM AND ORDER granting #13 Motion to Dismiss. For the foregoing reasons, we grant AAA's motion to dismiss the Amended Complaint. The Clerk of the Court is respectfully instructed to terminate the motion pending at ECF No. 13 and to close this case. (Signed by Judge Naomi Reice Buchwald on 9/22/2016) (cla)
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Transmission to Judgments and Orders Clerk. Transmitted re: #30 Order on Motion to Dismiss, to the Judgments and Orders Clerk. (cla)
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Filing 29
LETTER addressed to Judge Naomi Reice Buchwald from Theodore L. Hecht dated April 14, 2016 re: State Court Decision in the Underlying Actions. Document filed by American Arbitration Association, Inc.. (Attachments: #1 State Court Decision 4-11-16)(Hecht, Theodore)
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Filing 28
CERTIFICATE OF SERVICE of Reply Declaration of Theodore L. Hecht including Exhibits A-B and Reply Memorandum of Law in Support of Defendant American Arbitration Association Inc.'s Motion to Dismiss the Amended Complaint served on Plaintiffs on 3/2/2016. Document filed by American Arbitration Association, Inc.. (Hecht, Theodore)
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Filing 27
REPLY MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss . . Document filed by American Arbitration Association, Inc.. (Hecht, Theodore)
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Filing 26
DECLARATION of Theodore L. Hecht in Support re: #13 MOTION to Dismiss .. Document filed by American Arbitration Association, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hecht, Theodore)
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Filing 25
LETTER addressed to Judge Naomi Reice Buchwald from Richard S. Gora dated February 9, 2016 re: re: Outline of substantive argument in opposition to defendant's motion to dismiss. Document filed by ASYM Capital III LLC, ASYM Energy Investments LLC, Giddings Genpar LLC, Giddings Investments, LLC, Glenrose Holdings LLC, Hunton Oil Genpar LLC, Gregory Imbruce.(Gora, Richard)
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Filing 24
MEMORANDUM OF LAW in Opposition re: #13 MOTION to Dismiss . . Document filed by ASYM Capital III LLC, ASYM Energy Investments LLC, Giddings Genpar LLC, Giddings Investments, LLC, Glenrose Holdings LLC, Hunton Oil Genpar LLC, Gregory Imbruce. (Gora, Richard)
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Filing 23
FIRST AMENDED COMPLAINT amending #1 Complaint, against American Arbitration Association, Inc..Document filed by Glenrose Holdings LLC, Gregory Imbruce, Hunton Oil Genpar LLC, Giddings Genpar LLC, ASYM Energy Investments LLC, Giddings Investments, LLC, ASYM Capital III LLC. Related document: #1 Complaint, filed by Giddings Genpar LLC, Glenrose Holdings LLC, ASYM Capital III LLC, Gregory Imbruce, Hunton Oil Genpar LLC, Giddings Investments, LLC, ASYM Energy Investments LLC. (Attachments: #1 Exhibit 2, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Gora, Richard)
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Filing 22
ORDER granting #20 Letter Motion for Leave to File Document. WHEREAS plaintiffs are seeking to file an amended complaint subsequent to the filing of defendant's motion to dismiss, in contravention of the Court's directions in its Order of October 27, 2015; and WHEREAS defendant has informed the Court of its position that its motion to dismiss is equally applicable to the proposed amended complaint, it is hereby ORDERED that plaintiff's Motion for Leave to File First Amended Complaint is granted; and it is further ORDERED that defendant's motion to dismiss (ECF No. 13) is deemed to be addressed to the First Amended Complaint; and it is further ORDERED that plaintiffs shall file their opposition papers to defendant's motion to dismiss within two weeks of this Order. (Signed by Judge Naomi Reice Buchwald on 1/25/2016) (mro)
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Filing 21
MEMORANDUM OF LAW in Support re: #20 MOTION for Leave to File First Amended Complaint . . Document filed by ASYM Capital III LLC, ASYM Energy Investments LLC, Giddings Genpar LLC, Giddings Investments, LLC, Glenrose Holdings LLC, Hunton Oil Genpar LLC, Gregory Imbruce. (Gora, Richard)
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Filing 20
MOTION for Leave to File First Amended Complaint . Document filed by ASYM Capital III LLC, ASYM Energy Investments LLC, Giddings Genpar LLC, Giddings Investments, LLC, Glenrose Holdings LLC, Hunton Oil Genpar LLC, Gregory Imbruce. (Attachments: #1 Exhibit Proposed First Amended Complaint)(Gora, Richard)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Richard Steven Gora to RE-FILE Document #19 MOTION for Leave to File First Amended Complaint . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
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Filing 19
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leave to File First Amended Complaint . Document filed by ASYM Capital III LLC, ASYM Energy Investments LLC, Giddings Genpar LLC, Giddings Investments, LLC, Glenrose Holdings LLC, Hunton Oil Genpar LLC, Gregory Imbruce. (Attachments: #1 Memorandum of Law in Support of Motion for Leave, #2 Exhibit Proposed First Amended Complaint)(Gora, Richard) Modified on 1/25/2016 (db).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard Gora re: Document No. #18 Amended Complaint. The filing is deficient for the following reason(s): opposing party did not consent to the amendment of the pleading; Court's leave has not been granted. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (moh)
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Filing 18
FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - FIRST AMENDED COMPLAINT amending #1 Complaint, against American Arbitration Association, Inc..Document filed by Glenrose Holdings LLC, Gregory Imbruce, Hunton Oil Genpar LLC, Giddings Genpar LLC, ASYM Energy Investments LLC, Giddings Investments, LLC, ASYM Capital III LLC. Related document: #1 Complaint, filed by Giddings Genpar LLC, Glenrose Holdings LLC, ASYM Capital III LLC, Gregory Imbruce, Hunton Oil Genpar LLC, Giddings Investments, LLC, ASYM Energy Investments LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Gora, Richard) Modified on 1/13/2016 (moh).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard Gora to RE-FILE Document No. #17 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (moh)
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Filing 17
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint, against Glenrose Holdings LLC, Gregory Imbruce, Hunton Oil Genpar LLC, Giddings Genpar LLC, ASYM Energy Investments LLC, Giddings Investments, LLC, ASYM Capital III LLC.Document filed by Glenrose Holdings LLC, Gregory Imbruce, Hunton Oil Genpar LLC, Giddings Genpar LLC, ASYM Energy Investments LLC, Giddings Investments, LLC, ASYM Capital III LLC. Related document: #1 Complaint, filed by Giddings Genpar LLC, Glenrose Holdings LLC, ASYM Capital III LLC, Gregory Imbruce, Hunton Oil Genpar LLC, Giddings Investments, LLC, ASYM Energy Investments LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Gora, Richard) Modified on 1/12/2016 (moh).
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Filing 16
LETTER addressed to Judge Naomi Reice Buchwald from Theodore L. Hecht dated 12/11/2015 re: Outline of substantive argument advanced in AAA's motion to dismiss. Document filed by American Arbitration Association, Inc..(Hecht, Theodore)
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Filing 15
MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss . . Document filed by American Arbitration Association, Inc.. (Attachments: #1 Certificate of Service)(Hecht, Theodore)
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Filing 14
DECLARATION of Theodore L. Hecht in Support re: #13 MOTION to Dismiss .. Document filed by American Arbitration Association, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hecht, Theodore)
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Filing 13
MOTION to Dismiss . Document filed by American Arbitration Association, Inc..(Hecht, Theodore)
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Filing 12
MEMO ENDORSEMENT on re: #11 LETTER addressed to Judge Naomi Reice Buchwald from Theodore L. Hecht dated November 30, 2015 re: Briefing schedule for defendant's motion to dismiss. Document filed by American Arbitration Association, Inc. ENDORSEMENT: So ordered. (Motions due by 12/11/2015. Responses due by 1/11/2016. Replies due by 1/22/2016.) (Signed by Judge Naomi Reice Buchwald on 11/30/2015) (rjm)
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Filing 11
LETTER addressed to Judge Naomi Reice Buchwald from Theodore L. Hecht dated November 30, 2015 re: Briefing schedule for defendant's motion to dismiss. Document filed by American Arbitration Association, Inc..(Hecht, Theodore)
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Filing 10
ORDER denying #8 Letter Motion for Conference: Having reviewed the parties' pre-motion letters, dated October 16, 2015, and October 26, 2015, the Court has determined that defendants may bring their motion 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 defendants' 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 two (2) weeks of this Order. At that time, if no amended complaint has been filed, the parties should confer on a briefing schedule agreeable to both sides, in which no more than sixty (60) days elapse from the filing of defendants' motion to the filing of defendants' reply. (Signed by Judge Naomi Reice Buchwald on 10/27/2015) (tn) Modified on 11/4/2015 (tn).
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Filing 9
LETTER RESPONSE to Motion addressed to Judge Naomi Reice Buchwald from Richard S. Gora dated 10/26/2015 re: #8 LETTER MOTION for Conference re: motion to dismiss addressed to Judge Naomi Reice Buchwald from Theodore L. Hecht dated 10/16/2015. . Document filed by ASYM Capital III LLC, ASYM Energy Investments LLC, Giddings Genpar LLC, Giddings Investments, LLC, Glenrose Holdings LLC, Hunton Oil Genpar LLC, Gregory Imbruce. (Gora, Richard)
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Filing 8
LETTER MOTION for Conference re: motion to dismiss addressed to Judge Naomi Reice Buchwald from Theodore L. Hecht dated 10/16/2015. Document filed by American Arbitration Association, Inc..(Hecht, Theodore)
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Filing 7
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Arbitration Association, Inc..(Hecht, Theodore)
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Filing 6
NOTICE OF APPEARANCE by Theodore Lewis Hecht on behalf of American Arbitration Association, Inc.. (Attachments: #1 Certificate of Service)(Hecht, Theodore)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to American Arbitration Association, Inc.. (dgo)
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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)
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Magistrate Judge James C. Francis IV is so designated. (dgo)
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Case Designated ECF. (dgo)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ASYM Capital III LLC, ASYM Energy Investments LLC, Giddings Genpar LLC, Giddings Investments, LLC, Glenrose Holdings LLC, Hunton Oil Genpar LLC.(Gora, Richard)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to American Arbitration Association, Inc., re: #1 Complaint,. Document filed by ASYM Capital III LLC, ASYM Energy Investments LLC, Giddings Genpar LLC, Giddings Investments, LLC, Glenrose Holdings LLC, Hunton Oil Genpar LLC, Gregory Imbruce. (Gora, Richard)
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Filing 2
CIVIL COVER SHEET filed. (Gora, Richard)
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Filing 1
COMPLAINT against American Arbitration Association, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-11420850)Document filed by Glenrose Holdings LLC, Gregory Imbruce, Hunton Oil Genpar LLC, Giddings Genpar LLC, ASYM Energy Investments LLC, Giddings Investments, LLC, ASYM Capital III LLC.(Gora, Richard)
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