Blake Marine Group, LLC v. Frenkel & Company
| Blake Marine Group, LLC |
| Frenkel & Company |
| 1:2018cv10759 |
| November 16, 2018 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 20, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 NOTICE OF APPEARANCE by Clayton Joseph Vignocchi on behalf of Blake Marine Group, LLC(as assignee of certain rights of Forward Marine LLC), Blake Marine Group, LLC(Individually ). (Vignocchi, Clayton) |
| Filing 13 NOTICE OF APPEARANCE by Terry L. Stoltz on behalf of Frenkel & Company. (Stoltz, Terry) |
| Filing 12 ANSWER to #9 Amended Complaint,,. Document filed by Frenkel & Company.(Nicoletti, John) |
Filing 11
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by January 29, 2019, bring or deliver by mail a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by January 29, 2019, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. And as set forth herein. SO ORDERED. (Signed by Judge Analisa Torres on 12/04/2018) (ama)
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Filing 10
INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 10:40 a.m., on February 5, 2019, in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York. Principal trial counsel must appear at this and all subsequent conferences. And as set forth herein. SO ORDERED. Initial Conference set for 2/5/2019 at 10:40 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (Signed by Judge Analisa Torres on 12/04/2018) (ama)
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| Filing 9 AMENDED COMPLAINT amending #3 Complaint, against Frenkel & Company with JURY DEMAND.Document filed by Blake Marine Group, LLC(as assignee of certain rights of Forward Marine LLC), Blake Marine Group, LLC(Individually ). Related document: #3 Complaint,. (Attachments: #1 Exhibit A USCG Order, #2 Exhibit B Administrative Order, #3 Exhibit C Emergency Pollution Removal Contract, #4 Exhibit D Email Between Forward, Blake and Frenkel, #5 Exhibit E Assignment of Claims and All Rights Thereunder)(Power, James) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Frenkel & Company. (dnh) |
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Filing 7
ORDER, If Forward is, indeed, a limited liability company, as its name would imply, then the complaint must allege the citizenship of natural persons who are members of the limited liability company and the place of incorporation and principal place of business of any corporate entities who are members of the limited liability company. See Handelsman v. Bedford Vill. Assocs. Ltd. Pship, 213 F.3d 48, 5152 (2d Cir. 2000) (citing Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998)); Strother v. Harte, 171 F. Supp. 2d 203, 205 (S.D.N.Y. 2001) ("For purposes of diversity jurisdiction, a limited liability company has the citizenship of each of its members."); see also 28 U.S.C. 1359 ("A district court shall not have jurisdiction of a civil action in which any party, by assignment or otherwise, has been improperly or collusively made or joined to invoke the jurisdiction of such court."); Airlines Reporting Corp. v. S & N Travel, Inc., 58 F.3d 857, 862 (2d Cir. 1995) ("We give careful scrutiny to assignments which might operate to manufacture diversity jurisdiction."). By December 4, 2018, Plaintiff shall amend its pleading to allege the citizenship of each constituent person or entity of Forward. SO ORDERED. (Amended Pleadings due by 12/4/2018.) (Signed by Judge Analisa Torres on 11/20/18) (yv)
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| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Frenkel & Company, re: #3 Complaint,. Document filed by Blake Marine Group, LLC(as assignee of certain rights of Forward Marine LLC), Blake Marine Group, LLC(Individually ). (Power, James) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Blake Marine Group, LLC(as assignee of certain rights of Forward Marine LLC), Blake Marine Group, LLC(Individually ).(Power, James) |
| Filing 4 CIVIL COVER SHEET filed. (Power, James) |
| Filing 3 COMPLAINT against Frenkel & Company. Document filed by Blake Marine Group, LLC(as assignee of certain rights of Forward Marine LLC), Blake Marine Group, LLC(Individually ). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Power, James) |
| Magistrate Judge Katharine H. Parker 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney James H. Power to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): caption entered on civil cover sheet does not exactly match pleading caption; multiple citizenship selections made for parties. 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 CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James H. Power. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James H. Power to RE-FILE re: Document No. #1 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Blake Marine Group, LLC must be added to CM ECF a second time, with party text "individually"; all filers were not entered/selected for the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. *DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS* Re-file the pleading using the event type 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. (pne) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Power, James) Modified on 11/19/2018 (pne). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Frenkel & Company. (Filing Fee $ 400.00, Receipt Number ANYSDC-15929126)Document filed by Blake Marine Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Power, James) Modified on 11/19/2018 (pne). |
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| Defendant: Frenkel & Company | |
| Represented By: | Terry L. Stoltz |
| Represented By: | John Anthony Vincent Nicoletti |
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| Plaintiff: Blake Marine Group, LLC | |
| Represented By: | James H. Power |
| Represented By: | Clayton Joseph Vignocchi |
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