GE Oil & Gas, LLC et al v. MOR DOH Holdings, LLC et al
| GE Oil & Gas, LLC and GENERAL ELECTRIC COMPANY |
| Turbine Generation Services, LLC, MOR DOH HOLDINGS, LLC, Michel B Moreno and Michel Moreno |
| 1:2018cv07576 |
| 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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| Document Text |
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| Filing 28 DECLARATION of Casey D. Laffey in Support re: #26 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 GEOGs 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 GEOGs 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 Courts 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 Morenos 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 Morenos 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 Morenos 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 Morenos Motion to Dismiss), #12 Exhibit 12 (June 23, 2016 decision of the Appellate Division, First Department affirming the State Courts 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 Dept 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 Morenos 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 Morenos 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)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 Morenos 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 GEOGs Information Subpoena, dated March 27, 2017, in the Collection Action), #34 Exhibit 34 (Sorkin Affirmation in Support of Mintz & Gold, LLPs 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, LLPs 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 27 MEMORANDUM OF LAW in Support re: #26 MOTION to Remand to State Court . . Document filed by GE Oil & Gas, LLC, General Electric Company. (Laffey, Casey) |
| Filing 26 MOTION to Remand to State Court . Document filed by GE Oil & Gas, LLC, General Electric Company.(Laffey, Casey) |
| Filing 25 NOTICE OF APPEARANCE by Jeffrey Ross Fine on behalf of MOR DOH Holdings, LLC, Michel Moreno. (Fine, Jeffrey) |
Filing 24
ORDER FOR ADMISSION PRO HAC VICE: granting #23 Motion for Jeffrey Ross Fine to Appear Pro Hac Vice. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/21/2018) (ama)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Jeffrey Ross Fine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15597544. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 23 MOTION for Jeffrey Ross Fine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15597544. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MOR DOH Holdings, LLC, Michel Moreno. (Attachments: #1 Affidavit in support of motion Pro Hac Vice--Fine, #2 Exhibit NY Good Standing Certificate, #3 Exhibit State Bar of TX-Good Standing Letter, #4 Exhibit Supreme CT TX-Good Standing Certificate, #5 Text of Proposed Order)(Fine, Jeffrey) |
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Filing 22
NOTICE OF VOLUNTARY DISMISSAL AS TO DEFENDANT TRIBUNE GENERATION SERVICES, LLC ONLY: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiffs GE Oil & Gas, LLC and General Electric Company (together, "Plaintiffs"), by and through their counsel, hereby give notice that Plaintiffs voluntarily dismiss, without prejudice, all claims in the action captioned GE Oil & Gas, LLC et al. v. MOR DOH Holdings, LLC et al., No. 18-CV-7576 (VEC), as against Defendant Turbine Generation Services, LLC only. This Notice of Voluntary Dismissal shall have no impact on Plaintiffs claims against Defendants MOR DOH Holdings, LLC and Michel Moreno. SO ORDERED. Turbine Generation Services, LLC terminated. (Signed by Judge Valerie E. Caproni on 9/20/2018) (rj)
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| Filing 21 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) Turbine Generation Services, LLC. Document filed by GE Oil & Gas, LLC, General Electric Company. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Young, Geoffrey) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #21 Notice of Voluntary Dismissal was reviewed and referred to Judge Valerie E. Caproni for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 20 NOTICE OF APPEARANCE by John Patrick Kennedy on behalf of GE Oil & Gas, LLC, General Electric Company. (Kennedy, John) |
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Filing 19
ORDER: granting #18 Motion for request that the Answer submitted by MOR DOH Holdings, L.L.C. and Michel B. Moreno be deemed filed nunc pro tunc. 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. (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) |
| Set/Reset Deadlines: Motions due by 9/21/2018. Responses due by 10/19/2018 Replies due by 11/2/2018. (ama) |
| Filing 18 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to request that the Answer submitted by MOR DOH Holdings, L.L.C. and Michel B. Moreno be deemed filed nunc pro tunc on August 31, 2018 and with this Court's permission re: #17 Answer to Complaint . Document filed by MOR DOH Holdings, LLC, Michel Moreno. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Feld, Jonathan) Modified on 9/25/2018 (db). |
| Filing 17 ANSWER to Complaint. Document filed by MOR DOH Holdings, LLC, Michel Moreno.(Feld, Jonathan) |
| Filing 16 JOINT LETTER addressed to Judge Valerie E. Caproni from Jeffrey R. Fine dated 09/06/2018 re: Joint Letter Prior to Initial Status Conference in 1:18-CV-07555 and 1:18-CV-07576. Document filed by MOR DOH Holdings, LLC, Michel Moreno.(Feld, Jonathan) |
| Filing 15 NOTICE OF APPEARANCE by Geoffrey Garrett Young on behalf of GE Oil & Gas, LLC, General Electric Company. (Young, Geoffrey) |
| Filing 14 NOTICE OF APPEARANCE by Casey Devin Laffey on behalf of GE Oil & Gas, LLC, General Electric Company. (Laffey, Casey) |
| Filing 13 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), Mor Doh Holdings, LLC (via its registered agent) 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 12
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 11 AFFIDAVIT OF SERVICE of Related Case Statement served on GE Oil & Gas, LLC and General Electric Company (via Reed Smith, LLP, counsel of record) on 8/21/2018. Document filed by Turbine Generation Services, LLC. (Blansky, David) |
| Filing 10 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 9 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), Mor Doh Holdings, LLC (via its registered agent), and Michael Moreno Pro Se on 08/21/2018. Service was made by Overnight Mail. Document filed by Turbine Generation Services, LLC. (Blansky, David) |
| Filing 8 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #9 Affidavit) - ACKNOWLEDGMENT 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), Mor Doh Holdings, LLC (via its registered agent) and Michael B. Moreno Pro Se on 8/21/2018. Service was made by Overnight Mail. Document filed by Turbine Generation Services, LLC. (Blansky, David) Modified on 8/23/2018 (db). |
| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-07555-VEC. Notice of Assignment to follow. (jc) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Unassigned is no longer assigned to the case. (jc) |
| 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. (jc) |
| Filing 7 CIVIL COVER SHEET filed. (Blansky, David) |
| Case Designated ECF. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne) |
| CASE REFERRED TO Judge Valerie E. Caproni as possibly related to 18CV7555. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney David Adam Blansky to RE-FILE Document No. #5 Civil Cover Sheet. The filing is deficient for the following reason: No Basis of Jurisdiction selected on the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Adam Blansky. The party information for the following parties has been modified: General Electric Company, MOR DOH Holdings, LLC, Michel Moreno. The information for the parties has been modified for the following reasons: party name contained a typographical error; party name was entered in all caps. (pne) |
| ***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 28:1446; Origin code 1 (Original Proceeding); Dollar Demand $4,500,000; 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 Origin code has been modified to 2 (Removal from State Court); the Dollar Demand has been modified to No Dollar Demand; the County code has been modified to Nassau. (pne) |
| Filing 6 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-7555. Document filed by Turbine Generation Services, LLC.(Blansky, David) |
| Filing 5 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Blansky, David) Modified on 8/21/2018 (pne). |
| Filing 4 STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Turbine Generation Services, LLC. (Attachments: #1 Affidavit of Service (EF 40), #2 Affidavit of Service (EF 41), #3 Affidavit /Return of Service (EF 42), #4 Affidavit /Return of Service (EF 43), #5 Affidavit /Return of Service (EF 44), #6 Exhibit EF 45 - Stipulation of Adjournment, #7 Exhibit EF 46 So Ordered Stipulation, #8 Exhibit EF 47 Court Notice, #9 Affidavit /Return of Service (EF 48), #10 Affidavit /Return of Service (EF 49), #11 Affidavit /Return of Service (EF 50), #12 Exhibit EF 51 Stipulation, #13 Exhibit EF 52 So Ordered Stipulation)(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 8 Memo of Law, #2 Exhibit EF 9 Laffey Affirmation in Support of Motion, #3 Exhibit EF 10 Plaintif. Rule 19-A Statement, #4 Exhibit EF 11 TGS GEOG Senior Secured Note, #5 Exhibit EF 12 Guarantee Agreement, #6 Exhibit EF 13 MOR DOH Pledge Agreement, #7 Exhibit EF 14 2015 NYSC Summons and Complaint, #8 Exhibit EF 15 2015 NYSC Judgment, #9 Exhibit EF 6 Notice for Demand for Indemnification to MOR DOH, #10 Exhibit EF 17 Notice for Demand for Indemnification to TGS, #11 Exhibit EF 18 Notice for Demand for Indemnification to Moreno, #12 Exhibit EF 19 Letter to Laffey re Indemnification Demand to Moreno, #13 Exhibit EF 20 Letter to Laffey re Indemnification Demand to TGS, #14 Exhibit EF 21 USCA WDLA Docket Skeet, #15 Exhibit EF 22 USCA WDLA Complaint, #16 Exhibit EF 23 USDC WDLA TGS and Moreno Answer and Counterclaim, #17 Exhibit EF 24 USCA WDLA TGS and Moreno 3rd-Party Complaint v General Electric Co, #18 Exhibit EF 26 USDC WDLA Judgment Granting Mot to Dismiss, #19 Exhibit EF 26 2015 NYSC Docket Sheet, #20 Exhibit EF 27 2015 NYSC Answer and Third Amended Counterclaim, #21 Exhibit EF 28 2015 NYSC Third Amended 3rd-Party Complaint, #22 Exhibit EF 29 2015 NYSC Decision and Order Dismissing Counterclaims, #23 Exhibit EF 30 15th JDC Docket Sheet, #24 Exhibit 15th JDC Petition for Declaratory Judgment, #25 Exhibit EF 32 15th JDC Petition for Intervention by TPT, #26 Exhibit EF 33 Declinatory Exception of Improper Venue, #27 Exhibit EF 24 USBA DE Notice to Subpoena GE, #28 Exhibit EF 35 USBA DE Motion for Leave to File 3rd-Party Complaint by Moreno and TGS, #29 Exhibit EF 36 USBC DE Motion to Remove Confidential Designation, #30 Exhibit EF 37 - Request for Judicial Intervention, #31 Exhibit EF 38 Commercial Division Addendum to RJI)(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 2 Promissory Note, #2 Exhibit EF 3 Pledge Agreement, #3 Exhibit EF 4 Guarantee Agreement, #4 Exhibit EF 5 Amendment to Promissory Note, #5 Exhibit EF 6 Judgment)(Blansky, David) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 652538/2018. (Filing Fee $ 400.00, Receipt Number 0208-15472848).Document filed by Turbine Generation Services, LLC.(Blansky, David) |
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