Pro Line Manufacturing Co., LLC v. Forty-Four Capital, LLC et al
| Pro Line Manufacturing Co., LLC |
| Forty-Four Capital, LLC, Francis X Brescia, III and Rudis Holdings, LLC |
| 1:2018cv09759 |
| October 23, 2018 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Contract: Other |
| 28 U.S.C. § 1441 nr |
| Defendant |
Docket Report
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This docket was last retrieved on December 20, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss . . Document filed by Francis X Brescia, III, Forty-Four Capital, LLC, Rudis Holdings, LLC. (Smith, Andrew) |
| Filing 25 AFFIDAVIT of Melissa Carter in Support re: #24 MOTION to Dismiss .. Document filed by Francis X Brescia, III, Forty-Four Capital, LLC, Rudis Holdings, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Smith, Andrew) |
| Filing 24 MOTION to Dismiss . Document filed by Francis X Brescia, III, Forty-Four Capital, LLC, Rudis Holdings, LLC.(Smith, Andrew) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Andrew Alan Smith to RE-FILE Document #9 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (ldi) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Andrew Alan Smith to RE-FILE Document #8 MOTION to Dismiss or Transfer Venue. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affidavit in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
Filing 23
ORDER granting #22 Letter Motion to Substitute Attorney. SO ORDERED. Attorney Daniel Adam Hoffman terminated. (Signed by Judge Ronnie Abrams on 12/11/2018) (jca)
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| Filing 22 LETTER MOTION to Substitute Attorney. Old Attorney: Daniel A. Hoffman, Esq., Moses & Singer LLP, New Attorney: Andrew A. Smith, Esq., Kennedy Berg LLP Letter Motion to Withdraw as Counsel to Defendants addressed to Judge Ronnie Abrams from Daniel A. Hoffman, Esq. dated December 10, 2018. Document filed by Francis X Brescia, III, Forty-Four Capital, LLC, Rudis Holdings, LLC. (Attachments: #1 Text of Proposed Order Proposed Order of Notice of Withdrawal as Counsel)(Hoffman, Daniel) |
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Filing 21
ORDER granting #19 Letter Motion for Extension of Time to Answer. Application granted. Defendant's time to answer or otherwise respond to the First Amended Complaint is extended until December 20, 2018. The initial pretrial conference currently scheduled for December 14, 2018 is adjourned until January 4, 2019 at 10:30 a.m. SO ORDERED. (Francis X Brescia, III answer due 12/20/2018; Forty-Four Capital, LLC answer due 12/20/2018; Rudis Holdings, LLC answer due 12/20/2018) (Signed by Judge Ronnie Abrams on 12/7/2018) (jca)
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| Filing 20 NOTICE OF APPEARANCE by Christian Andrew Stueben on behalf of Pro Line Manufacturing Co., LLC. (Stueben, Christian) |
| Filing 19 FIRST LETTER MOTION for Extension of Time to File Answer re: #16 Amended Complaint addressed to Judge Ronnie Abrams from Andrew A. Smith dated 12/7/2018. Document filed by Francis X Brescia, III, Forty-Four Capital, LLC, Rudis Holdings, LLC.(Smith, Andrew) |
| Filing 18 PROPOSED SCHEDULING ORDER. Document filed by Pro Line Manufacturing Co., LLC. (Papalia, Patrick) |
| Filing 17 LETTER addressed to Judge Ronnie Abrams from All parties dated December 7, 2018 re: as required by the Court's November 21, 2018 Order. Document filed by Pro Line Manufacturing Co., LLC.(Papalia, Patrick) |
| Set/Reset Hearings: Initial Conference set for 1/4/2019 at 10:30 AM before Judge Ronnie Abrams. (jca) |
| Filing 16 FIRST AMENDED COMPLAINT against Francis X Brescia, III, Forty-Four Capital, LLC, Rudis Holdings, LLC.Document filed by Pro Line Manufacturing Co., LLC.(Papalia, Patrick) |
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Filing 15
ORDER AND NOTICE OF INITIAL CONFERENCE: ORDERED that counsel for all parties appear for an initial status conference on December 14, 2018 at 2:00 p.m. in Courtroom 1506 of the U.S. District Court for the Southern District of New York, 40 Foley Square, New York, New York. Initial Conference set for 12/14/2018 at 02:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 11/21/2018) (js)
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| Filing 14 LETTER addressed to Judge Ronnie Abrams from Pro Line Manufacturing Co., LLC dated 11/20/18 re: Intention to File Amended Complaint. Document filed by Pro Line Manufacturing Co., LLC.(Papalia, Patrick) |
| Filing 13 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Pro Line Manufacturing Co., LLC dated November 16, 2018 re: Local Rule 81.1 Statement as per Court Order. Document filed by Pro Line Manufacturing Co., LLC.(Papalia, Patrick) |
| Filing 12 NOTICE OF APPEARANCE by Patrick Papalia on behalf of Pro Line Manufacturing Co., LLC. (Papalia, Patrick) |
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Filing 11
ORDER: Local Civil Rule 81.l states that if the citizenship information of an LLC's members are unknown to the removing party, "the removing party may so state, and in that case plaintiff within twenty-one (21) days after removal shall file in the office of the Clerk a statement of the omitted information." Pursuant to that Rule, Defendants' Notice of Removal states that they "are unaware of Plaintiffs member(s)' states of citizenship or domicile." Dkt. 1 at~ 5. Accordingly, no later than November 13, 2018, Plaintiff shall file a statement with the Clerk of Court containing the information specified in Local Civil Rule 81.1, and as further set forth in this Order.SO ORDERED. (Signed by Judge Ronnie Abrams on 11/5/2018) (jca)
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| Filing 10 FIRST LETTER MOTION for Oral Argument for Defendants' Motion to Dismiss addressed to Judge Ronnie Abrams from Andrew A. Smith dated 11/2/2018. Document filed by Francis X Brescia, III, Forty-Four Capital, LLC, Rudis Holdings, LLC.(Smith, Andrew) |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss or Transfer Venue. . Document filed by Francis X Brescia, III, Forty-Four Capital, LLC, Rudis Holdings, LLC. (Smith, Andrew) Modified on 12/18/2018 (ldi). |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss or Transfer Venue. Document filed by Francis X Brescia, III, Forty-Four Capital, LLC, Rudis Holdings, LLC. (Attachments: #1 Affidavit Affidavit of Melissa Carter, #2 Exhibit Asset Purchase Agreement, #3 Exhibit Licensing Agreement, #4 Exhibit Assignment, #5 Exhibit Bill of Sale, #6 Exhibit First Amendment APA, #7 Exhibit Notice of Removal and Complaint)(Smith, Andrew) Modified on 12/18/2018 (ldi). |
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Filing 7
ORDER granting #6 Letter Motion for Extension of Time to Answer. Application granted. SO ORDERED. (Francis X Brescia, III answer due 11/2/2018; Forty-Four Capital, LLC answer due 11/2/2018; Rudis Holdings, LLC answer due 11/2/2018.) (Signed by Judge Ronnie Abrams on 10/30/2018) (jca)
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| Filing 6 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, addressed to Judge Ronnie Abrams from Andrew A. Smith dated 10/30/2019. Document filed by Francis X Brescia, III, Forty-Four Capital, LLC, Rudis Holdings, LLC.(Smith, Andrew) |
| Filing 5 NOTICE OF APPEARANCE by Andrew Alan Smith on behalf of Francis X Brescia, III, Forty-Four Capital, LLC, Rudis Holdings, LLC. (Smith, Andrew) |
| Filing 4 CIVIL COVER SHEET filed. (Hoffman, Daniel) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Adam Hoffman. The party information for the following party/parties has been modified: Pro Line Manufacturing Co., LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Daniel Adam Hoffman. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Adam Hoffman. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1441nr; the Fee Status code has been modified to pd (paid). (pc) |
| Magistrate Judge Gabriel W. Gorenstein 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Forty-Four Capital, LLC, Rudis Holdings, LLC.(Hoffman, Daniel) |
| Filing 2 AFFIDAVIT OF SERVICE of Notice of Removal served on Pro Line Manufacturing Co., LLC on October 23, 2018. Service was made by Mail. Document filed by Francis X Brescia, III, Forty-Four Capital, LLC, Rudis Holdings, LLC. (Hoffman, Daniel) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 654675/2018. (Filing Fee $ 400.00, Receipt Number ANYSDC-15796895).Document filed by Francis X Brescia, III, Rudis Holdings, LLC, Forty-Four Capital, LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Affidavits of Service)(Hoffman, Daniel) |
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