GE Oil & Gas, LLC v. Moreno et al
| GE Oil & Gas, LLC |
| Michel Moreno and Michel B. Moreno |
| General Electric Company |
| Turbine Generation Services, LLC |
| 1:2018cv07555 |
| August 20, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| Valerie E Caproni |
| Contract: Other |
| 28 U.S.C. § 1452 |
| None |
Docket Report
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| Filing 22 DECLARATION of Casey D. Laffey in Support re: #20 MOTION to Remand to State Court .. Document filed by GE Oil & Gas, LLC, General Electric Company. (Attachments: #1 Exhibit 1 (Senior Secured Promissory Note, dated May 13, 2013, executed by Turbine Generation Services, L.L.C. ("TGS")), #2 Exhibit 2 (Guarantee Agreement, dated May 13, 2013, executed by Michel B. Moreno ("Moreno")), #3 Exhibit 3 (Memorandum of Law in Support of GEOG's Motion for Partial Summary Judgment, dated August 13, 2015, in the action GE Oil & Gas, LLC v. Turbine Generation Services, L.L.C., No 652296/2015 (N.Y. Sup. Ct., N.Y. Cty. 2015) (the "Collection Action")), #4 Exhibit 4 (March 4, 2016 Order of the Supreme Court of the State of New York for New York County (the "State Court") in the Collection Action), #5 Exhibit 5 (March 30, 2016 Order of the State Court in the Collection Action, granting partial summary judgment in GEOG's favor as to damages), #6 Exhibit 6 (Judgment entered by the State Court in the Collection Action on August 3, 2016, in favor of GEOG and against TGS and Moreno, jointly and severally, in the amount of $39,846,575.34 (the "Judgment")), #7 Exhibit 7 (May 23, 2017 decision of the Appellate Division, First Department affirming the Judgment and the State Court's Orders in the Collection Action dated July 20, 2016, May 27, 2016, May 18, 2016, March 30, 2016, and March 4, 2016, found at GE Oil & Gas, LLC v. Turbine Generation Services, L.L.C., 150 A.D.3d 586, 56 N.Y.S.3d 52 (1st Dept 2017)), #8 Exhibit 8 (TGS' and Moreno's First Amended Counterclaim against GE Oil & Gas, Inc., dated June 24, 2014, in the action GE Oil & Gas, Inc. v. Turbine Generation Services, LLC, No. 6:14-CV-00760 (RFD) (W.D. La. 2014)), #9 Exhibit 9 (TGS' and Moreno's Third-Party Complaint against GE, dated July 9, 2014, in the action GE Oil & Gas, Inc. v. Turbine Generation Services, LLC, No. 6:14-CV-00760-RFD-CMH (W.D. La. Apr. 7, 2014)), #10 Exhibit 10 (Memorandum of Law in Support of TGS' and Moreno's Motion to Dismiss, dated July 30, 2015, in the Collection Action), #11 Exhibit 11 (December 18, 2015 Order of the State Court in the Collection Action, denying TGS' and Moreno's Motion to Dismiss), #12 Exhibit 12 (June 23, 2016 decision of the Appellate Division, First Department affirming the State Court's Order in the Collection Action dated December 18, 2015, found at GE Oil & Gas, LLC v. Turbine Generation Services, L.L.C., 140 A.D.3d 582, 35 N.Y.S.3d 311 (1st Dep't 2016)), #13 Exhibit 13 (Official transcript of oral argument held before the State Court on March 30, 2016 in the Collection Action), #14 Exhibit 14 (February 10, 2017 Order of the State Court in the Collection Action, dismissing TGS' and Moreno's counterclaims and third-party claims against the GE Parties), #15 Exhibit 15 (July 18, 2017 Order of the State Court in the Collection Action, granting permission to file an amended answer with counterclaim and third-party complaint alleging failure to negotiate in good faith), #16 Exhibit 16 (May 4, 2018 Order of the State Court in the Collection Action, denying Moreno's motion for leave to join TGS' counterclaim and third-party claim against the GE Parties), #17 Exhibit 17 (TGS' Answer with Third Amended Counterclaim, dated July 25, 2017, in the Collection Action), #18 Exhibit 18 (TGS' Third Amended Third-Party Complaint, dated July 25, 2017, in the Collection Action), #19 Exhibit 19 (GE Parties' Complaint against TGS, Moreno, and MOR DOH Holdings, LLC ("MOR DOH"), dated May 21, 2018, in the action GE Oil & Gas, LLC v. MOR DOH Holdings, LLC, et al., No. 652358/2018 (N.Y. Sup. Ct., N.Y. Cty.) (the "Indemnification Action")), #20 Exhibit 20 (Memorandum of Law in Support of the GE Parties' Motion for Partial Summary Judgment, dated May 21, 2018, in the Indemnification Action), #21 Exhibit 21 (So-ordered Stipulation between the GE Parties, on the one hand, and TGS and Moreno, on the other hand, dated June 29, 2018, in the Indemnification Action), #22 Exhibit 22 (So-ordered Stipulation between the GE Parties, on the one hand, and MOR DOH, on the other hand, dated July 24, 2018, in the Indemnification Action), #23 Exhibit 23 (TGS' and Moreno's Complaint against the GE Parties, dated May 29, 2015, in the action Turbine Generation Services, L.L.C. v. GE Oil & Gas, Inc., No. 2015-2642-J (15th Dist. Ct. La.) (the "Louisiana State Action")), #24 Exhibit 24 (January 14, 2016 Order of the State Court in the Collection Action, entering a preliminary anti-suit injunction against TGS and Moreno), #25 Exhibit 25 (May 18, 2016 Order of the State Court in the Collection Action, entering a permanent anti-suit injunction against TGS and Moreno), #26 Exhibit 26 (May 27, 2016 Order of the State Court in the Collection Action, holding TGS and Moreno conditionally in contempt), #27 Exhibit 27 (Young Affirmation in Support of the GE Parties' Motion for Sanctions and Contempt, dated July 26, 2018, in the Collection Action), #28 Exhibit 28 (Memorandum of Law in Support of the GE Parties' Motion to Compel, dated November 10, 2017, in the Collection Action), #29 Exhibit 29 (February 27, 2018 Order of the State Court in the Collection Action, granting the GE Parties' motion to compel post-judgment discovery), #30 Exhibit 30 (GE Parties' April 25, 2018 letter to opposing counsel, memorializing the April 24, 2018 conference call with the Court), #31 Exhibit 31 (Memorandum of Law in Support of the GE Parties' Motion for Sanctions and Contempt, dated July 26, 2018, in the Collection Action), #32 Exhibit 32 (TGS' Notice of Bankruptcy filed with the State Court, dated August 2, 2018, in the Collection Action), #33 Exhibit 33 (TGS' Responses and Objections to GEOG's Information Subpoena, dated March 27, 2017, in the Collection Action), #34 Exhibit 34 (Sorkin Affirmation in Support of Mintz & Gold, LLP's Motion to Withdraw as Counsel, dated July 30, 2018, in the Collection Action), #35 Exhibit 35 (August 6, 2018 Order of the State Court in the Collection Action, conditionally granting Mintz & Gold, LLP's motion to withdraw), #36 Exhibit 36 (TGS' Notice of Removal filed with the State Court, dated August 20, 2018, in the Indemnification Action), #37 Exhibit 37 (TGS' Notice of Removal filed with the State Court, dated August 20, 2018, in the Collection Action), #38 Exhibit 38 (GE Parties' Notice of Voluntary Dismissal as to Defendant TGS filed with this Court, dated September 19, 2018, in the Indemnification Action))(Laffey, Casey) |
| Filing 21 MEMORANDUM OF LAW in Support re: #20 MOTION to Remand to State Court . . Document filed by GE Oil & Gas, LLC, General Electric Company. (Laffey, Casey) |
| Filing 20 MOTION to Remand to State Court . Document filed by GE Oil & Gas, LLC, General Electric Company.(Laffey, Casey) |
| Filing 19 NOTICE OF APPEARANCE by John Patrick Kennedy on behalf of GE Oil & Gas, LLC, General Electric Company. (Kennedy, John) |
Filing 18
ORDER: IT IS HEREBY ORDERED that, for the reasons stated at the conference, Defendants' counsel's motions for admission pro hac vice must be filed by September 21, 2018; IT IS FURTHER ORDERED that, for the reasons stated at the conference, the Court accepts Defendants' Answer in the 18-CV-7576 matter nunc pro tunc. The Clerk is instructed to close the open motion at Docket Entry 18 in that case. IT IS FURTHER ORDERED that, for the reasons stated at the conference, Plaintiffs' shall move jointly as to both cases with regard to abstention and remand, with their motion due September 21, 2018, Defendants' opposition due October 19, 2018, and Plaintiffs' reply, if any, due on November 2, 2018. IT IS FURTHER ORDERED that, for the reasons stated at the conference, discovery and all other motions in both cases are STAYED pending resolution of Plaintiffs' anticipated joint motion for abstention and remand. SO ORDERED., ( Motions due by 9/21/2018., Responses due by 10/19/2018, Replies due by 11/2/2018.) (Signed by Judge Valerie E. Caproni on 9/14/2018) (ama)
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 9/14/2018. (jp) |
| Filing 17 NOTICE OF APPEARANCE by Geoffrey Garrett Young on behalf of GE Oil & Gas, LLC, General Electric Company. (Young, Geoffrey) |
| Filing 16 NOTICE OF APPEARANCE by Casey Devin Laffey on behalf of GE Oil & Gas, LLC, General Electric Company. (Laffey, Casey) |
| Filing 15 AFFIDAVIT OF SERVICE of Notice of Initial Pre-Trial Conference served on GE Oil & Gas, LLC and General Electric Company (via Reed Smith, LLP, counsel of record) and Michael B. Moreno Pro Se on 8/27/2018. Service was made by Overnight Mail. Document filed by Turbine Generation Services, LLC. (Blansky, David) |
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Filing 14
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/14/2018 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni, as further set forth in this order. (Signed by Judge Valerie E. Caproni on 8/27/2018) (jwh)
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| Filing 13 AFFIDAVIT OF SERVICE of Notice of Remove, Civil Cover Sheet, and ECF Receipts for State Court Pleadings served on GE Oil & Gas, LLC and General Electric Company (via Reed Smith, LLP, counsel of record) on 8/20/2018. Document filed by Turbine Generation Services, LLC. (Blansky, David) |
| Filing 12 AFFIDAVIT OF SERVICE of Notice of Removal, Civil Cover Sheet, ECF Receipts and CD containing State Court Pleadings and Filings served on GE Oil & Gas, LLC and General Electric Company (via Reed Smith, LLP, counsel of record) and Michael B. Moreno Pro Se on August 21, 2018. Service was made by Overnight Mail. Document filed by Turbine Generation Services, LLC. (Blansky, David) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Adam Blansky re: Document No. #1 Notice of Removal. The filing is deficient for the following reasons: all of the parties listed on the pleading were not entered on CM ECF; Turbine Generation Services, LLC must be added to CM ECF a second time, in the role of Defendant. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (pne) |
| ADD PARTY FOR PLEADING. Defendants/Respondents GE Oil & Gas, LLC, General Electric Company, Michel B. Moreno added. Party added pursuant to #1 Notice of Removal.Document filed by Turbine Generation Services, LLC. Related document: #1 Notice of Removal.(Blansky, David) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Adam Blansky. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1441; County code New York. The following corrections have been made to your case entry: the Cause of Action code has been modified to 28:1452; the County code has been modified to Nassau. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Adam Blansky. The party information for the following party/parties has been modified: Michel B. Moreno. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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. (pne) |
| Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) |
| Case Designated ECF. (pne) |
| Filing 11 CIVIL COVER SHEET filed. (Blansky, David) |
| Filing 10 STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Turbine Generation Services, LLC. (Attachments: #1 Exhibit EF 426 Affirmation in Support of Contempt Motion, #2 Exhibit EF 427 May 13, 2013 Note, #3 Exhibit EF 428 May 13, 2013 Guarantee, #4 Exhibit EF 429 March 4, 2016 Order, #5 Exhibit EF 430 March 30, 2016 Order, #6 Exhibit EF 431 Aug. 3, 2016 Judgment, #7 Exhibit EF 432 Dec. 18, 2015 Order, #8 Exhibit EF 433 March 30, 2016 Transcript, #9 Exhibit EF 434 Feb. 10, 2017 Order, #10 Exhibit EF 435 July 18, 2017 Order, #11 Exhibit EF 436 May 4, 2018 Order, #12 Exhibit EF 437 LA State Action Pleading, #13 Exhibit EF 439 May 18, 2016 Order, #14 Exhibit EF 440 May 27, 2016 Order, #15 Exhibit EF 441 April 9m 2018 Letter to GE Parties, #16 Exhibit EF 442 April 30, 2018 Letter to TGS, #17 Exhibit EF 443 July 3, 2018 Letter to TGS, #18 Exhibit EF 444 June 4, 2018 Letter to TGS, #19 Exhibit EF 445 June 7, 2017 Letter to TGS, #20 Exhibit EF 446 Feb. 27, 2018 Transcript, #21 Exhibit EF 447 Feb. 27, 2018 Order, #22 Exhibit EF 448 March 26, 2018 E-Mail to GE Parties, #23 Exhibit EF 449 April 25, 2018 Letter to Moreno, #24 Exhibit EF 450 May 31, 2018 E-Mail to Moreno, #25 Exhibit EF 451 Memo in Support of Motion for Sanctions and Contempt)(Blansky, David) |
| Filing 9 STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Turbine Generation Services, LLC. (Attachments: #1 Exhibit EF 414 Feb. 20, 2018 Letter to Laffey, #2 Exhibit EF 415 Feb. 28, 2018 Letter from Laffey, #3 Exhibit EF 416 Plaint. Memo in Opp. to Motion to Amend, #4 Exhibit EF 417 Def. Reply Memo in Support of Motion to Amend, #5 Exhibit EF 418 May 4, 2018 Order Denying Motion to Amend)(Blansky, David) |
| Filing 8 STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Turbine Generation Services, LLC. (Attachments: #1 Exhibit EF 393 Affirmation in Support of Motion to Amend, #2 Exhibit EF 394 Feb. 20, 2018 Letter to Laffey, #3 Exhibit EF 395 Fef. 28, 2018 Letter from Laffey, #4 Exhibit EF 396 Note and Term Sheet, #5 Exhibit EF 397 July 18, 2017 Transcript, #6 Exhibit EF 398 Guarantee Agreement, #7 Exhibit EF 399 Proposed Answer with Fourth Amended Counterclaim, #8 Exhibit EF 400 Proposed Amended 3rd-Party Complaint, #9 Exhibit EF 401 Moreno Affidavit, #10 Exhibit EF 402 Moreno Personal Checks, #11 Exhibit EF 403 MOR DOH General Ledger, #12 Exhibit EF 404 TPT Agreement, #13 Exhibit EF Memo in Support of Motion to Amend)(Blansky, David) |
| Filing 7 STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Turbine Generation Services, LLC. (Attachments: #1 Exhibit EF 372 Moreno Affidavit, #2 Exhibit EF 373 Reply Affirmation in Support of Motion to Compel, #3 Exhibit EF 373 MBM 2011 DOH GRAT Formation Document, #4 Exhibit EF 375 Redacted Checks, #5 Exhibit EF 376 Plaint. Reply Memo in Support of Mot. to Compel)(Blansky, David) |
| Filing 6 STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Turbine Generation Services, LLC. (Attachments: #1 Exhibit EF 350 Memo in Support of Motion to Compel Discovery, #2 Exhibit EF 351 Leffey Affirmation in Support of Mot to Compel, #3 Exhibit EF 352 Moreno Subpoena, #4 Exhibit EF 353 TGS Subpoena, #5 Exhibit EF 354 Moreno Information Subpoena, #6 Exhibit EF 355 TGS Information Subpoena, #7 Exhibit EF 356 Moreno Response and Objections to Information Subpoena, #8 Exhibit EF 357 TSG Responses and Objections to Information Subpoena, #9 Exhibit EF 358 Moreno Responses and Objections to Subpoena, #10 Exhibit EF 359 TSG Responses and Objections to Subpoena, #11 Exhibit EF 360 Deficiency Letter, #12 Exhibit EF 361 Ashmore Aug. 30, 2017 Letter to Laffer, #13 Exhibit EF 362 Laffey Sept. 25, 2017 Letter to Ashmore, #14 Exhibit EF 363 Ashmore Oct. 2, 2017 E-Mail to Laffey, #15 Exhibit EF 364 Ashmore Oct. 6, 2017 Letter to Laffey, #16 Exhibit EF 365 Laffey Oct. 9, 2017 Letter to Ashmore, #17 Exhibit EF 366 Ashmore Oct. 20, 2017 Letter to Laffey, #18 Exhibit EF 367 Moreno Deposition, #19 Exhibit EF 368 PBI Bank Credit Approval Form, #20 Exhibit EF 369 MBM 2011 DH GRAT Response to Subpoena)(Blansky, David) |
| Filing 5 STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Turbine Generation Services, LLC. (Attachments: #1 Exhibit EF 341 Third Amended 3rd-Party Complaint, #2 Exhibit EF 343 GE Answer to Third Amended Third-Party Complaint, #3 Exhibit EF 344 GEOG Reply to Third Amended Counterclaim, #4 Exhibit EF 345 GE Corrected Answer to 3rd-Party Complaint)(Blansky, David) |
| Filing 4 STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Turbine Generation Services, LLC. (Attachments: #1 Exhibit EF 293 February 10, 2017 Decision and Order, #2 Exhibit EF 294 Proposed Amended Answer with Counterclaims - Part A, #3 Exhibit EF 294 Proposed Amended Answer with Counterclaims - Part B, #4 Exhibit EF 295 Proposed Third Amended 3rd-Party Complaint - Part A, #5 Exhibit EF 295 Proposed Third Amended 3rd-Party Complaint - Part B, #6 Exhibit EF 296 Memo in Support of Motion to Amend, #7 Exhibit EF 309 Plaint. Memo in Opp. to Motion to Amend, #8 Exhibit EF 310 Reply Affirmation, #9 Exhibit EF 311 Sork Letter to Laffey March 29, 2017, #10 Exhibit EF 312 April 1, 2017 E-Mail, #11 Exhibit EF 313 Delaware Bankruptcy Filings, #12 Exhibit EF 314 Moreno Affidavit, #13 Exhibit EF 315 Hosford July 1, 2013 E-Mail, #14 Exhibit EF 316 Def. Reply Memo in Support of Motion to Amend, #15 Exhibit EF 335 July 18, 2017 Order on Def. Motion to Amend)(Blansky, David) |
| Filing 3 STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Turbine Generation Services, LLC. (Attachments: #1 Exhibit EF 273 Plaintiff Reply Memo in Support of Mot to Dismiss, #2 Exhibit EF 274 Plaintiff Reply Affirmation, #3 Exhibit EF 275 Excerpt of Jan. 25, 2016 LA Hearing, #4 Exhibit EF 278 Verified First Amended Petition, #5 Exhibit EF 283 November 29, 2016 Transcript, #6 Exhibit EF 285 Def. Supp. Memo in Opposition to Motion to Dismiss, #7 Exhibit EF 286 Plaintiff Supp. Memo in Support of Motion to Dismiss - Part A, #8 Exhibit EF 286 Plaintiff Supp. Memo in Support of Motion to Dismiss - Part B, #9 Exhibit EF 287 February 10, 2017 Order, #10 Exhibit EF 290 Notice of Appeal of February 10, 2017 Order)(Blansky, David) |
| Filing 2 STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Turbine Generation Services, LLC. (Attachments: #1 Exhibit EF 224 Memo in Support of Mot to Dismiss, #2 Exhibit EF 225 Laffey Affirmation in Support, #3 Exhibit EF 226 Note with Amendments, #4 Exhibit EF 227 Guarantee, #5 Exhibit EF 228 March 4, 2016 Order, #6 Exhibit EF 229 March 30, 2016 Order, #7 Exhibit EF 230 March 30, 2016 Transcript, #8 Exhibit EF 231 Amended Counterclaims, #9 Exhibit EF 232 Amended 3rd-Party Complaint)(Blansky, David) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 652296/2015. (Filing Fee $ 400.00, Receipt Number 0208-15470579).Document filed by Turbine Generation Services, LLC.(Blansky, David) |
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