Moskovits v. Grigsby et al
| Alexander Moskovits |
| Jorge Siega, State of Maranhao Brazil, State of Mato Grosso Brazil, Bank of America Merrill Lynch, Raimundo Colombo, State of Santa Catarina Brazil, DOES 1 through 100, inclusive,, Calvin B. Grigsby and Federal Republic of Brazil |
| 1:2019cv03991 |
| May 3, 2019 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Contract: Other |
| 28 U.S.C. § 1602 |
| None |
Docket Report
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This docket was last retrieved on June 9, 2020. A more recent docket listing may be available from PACER.
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Filing 26
ORDER granting #25 Letter Motion for Extension of Time to File Response/Reply re #21 MOTION to Dismiss. #12 MOTION to Remand to State Court. Responses due by 7/19/2019 Replies due by 8/13/2019. Replies due by 7/19/2019. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/13/2019) (rro)
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| Filing 25 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Vernon S. Broderick from Michael P. Kushner, Esq. dated June 12, 2019. Document filed by Alexander Moskovits.(Kushner, Michael) |
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Filing 24
ORDER with respect to #22 Letter Motion for Oral Argument. If, after reviewing the parties' submissions, I determine that oral argument is necessary, I will so notify the parties. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/10/2019) (kv)
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| Filing 23 SEALED DOCUMENT placed in vault.(rz) |
| Filing 22 LETTER MOTION for Oral Argument addressed to Judge Vernon S. Broderick from Beth L. Kaufman dated June 7, 2019. Document filed by Bank of America Merrill Lynch. (Attachments: #1 Certificate of Service)(Kaufman, Beth) |
| Filing 21 MOTION to Dismiss . Document filed by Bank of America Merrill Lynch. (Attachments: #1 Declaration in Support of Motion, #2 Exhibit Cover Page, #3 Memorandum of Law in Support of Motion, #4 Certificate of Service)(Kaufman, Beth) |
| Filing 20 MEMORANDUM OF LAW in Opposition re: #12 MOTION to Remand to State Court . . Document filed by Bank of America Merrill Lynch. (Attachments: #1 Certificate of Service)(Kaufman, Beth) |
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Filing 19
ORDER granting #16 Motion to Seal Document. APPLICATION GRANTED. SO ORDERED. Bank of America, N.A. is directed to file copies of the under-seal exhibits with the Sealed Records Department of the Southern District of New York, in accordance with the Department's procedures, available at http://www.nysd.uscourts.gov/cases_records.php under the "Sealed Records" tab. (Signed by Judge Vernon S. Broderick on 6/6/2019) (rro) Transmission to Sealed Records Clerk for processing.
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| Filing 18 RESPONSE IN OPPOSITION TO MOTION FOR REMAND TO STATE COURT BASED ON FRAUDULENT JOINDER OF DEFENDANTS SIEGA AND COLOMBO. Document filed by Calvin B. Grigsby. (sc) |
| Filing 17 NOTICE OF APPEARANCE by Calvin B. Grigsby. (sc) |
| Filing 16 LETTER MOTION to Seal Document addressed to Judge Vernon S. Broderick from Beth L. Kaufman dated June 5, 2019. Document filed by Bank of America Merrill Lynch.(Kaufman, Beth) |
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Filing 15
ORDER granting #13 Letter Motion for Extension of Time. Application Granted. Bank of America's response to the complaint and to Plaintiff's motion to remand shall be filed on or before June 7, 2019. Any reply by Plaintiff in further support of his motion to remand shall be filed on or before June 21, 2019. Motions due by 6/7/2019. (Signed by Judge Vernon S. Broderick on 5/21/2019) (js) Modified on 5/21/2019 (js).
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| Set/Reset Deadlines: Bank of America Merrill Lynch answer due 6/7/2019. Replies due by 6/21/2019. (js) |
| Filing 14 AFFIDAVIT OF SERVICE of Letter Motion (Dkt. 13) served on Calvin B. Grigsby, Raimundo Colombo, and Jorge Siega on May 20, 2019. Service was made by FedEx. Document filed by Bank of America Merrill Lynch. (Kaufman, Beth) |
| Filing 13 LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Beth L. Kaufman dated May 20, 2019. Document filed by Bank of America Merrill Lynch.(Kaufman, Beth) |
| Filing 12 MOTION to Remand to State Court . Document filed by Alexander Moskovits. (Attachments: #1 Affidavit of Plaintiff, #2 Memorandum of Law, #3 Affirmation of Service)(Kushner, Michael) |
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Filing 11
ORDER granting #4 Letter Motion for Extension of Time to Answer re #1 Notice of Removal. APPLICATION GRANTED. SO ORDERED. (Bank of America Merrill Lynch answer due 5/24/2019.) (Signed by Judge Vernon S. Broderick on 5/8/2019) (rro)
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| Filing 10 LETTER addressed to Judge Vernon S. Broderick from Beth L. Kaufman dated May 7, 2019 re: related action. Document filed by Bank of America Merrill Lynch. (Attachments: #1 Affidavit Affidavit of Service)(Kaufman, Beth) |
| Filing 9 NOTICE OF VOLUNTARY DISMISSAL UNDER F.R.C.P. 41(a)(1)(A)(i): Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the Plaintiff, Alexander Moskovits, through undersigned counsel, hereby gives formal NOTICE OF VOLUNTARY DISMISSAL without prejudice of the claim filed against the foreign state defendants - Federal Republic of Brazil, State of Santa Catarina, Brazil, State of Maranhao, Brazil, and State of Mato Grosso, Brazil. All of the "foreign state" defendants sued in this action are hereby dismissed. (Signed by Judge Vernon S. Broderick on 5/7/2019) State of Mato Grosso Brazil, State of Santa Catarina Brazil, Federal Republic of Brazil and State of Maranhao Brazil terminated. (ks) |
| Filing 8 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 and without costs against the defendant(s) Federal Republic of Brazil. Document filed by Alexander Moskovits. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Attachments: #1 Affidavit Declaration of Service)(Kushner, Michael) |
| Filing 7 NOTICE OF APPEARANCE by Michael Peter Kushner on behalf of Alexander Moskovits. (Kushner, Michael) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #8 Notice of Voluntary Dismissal was reviewed and referred to Judge Vernon S. Broderick 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. (dt) |
| Filing 6 NOTICE OF REMOVAL from New York, County of New York. Case Number: 650617/2019..Document filed by Federal Republic of Brazil. (Attachments: #1 Exhibit A - State Court Docket, #2 Exhibit B - Affidavit of Service of State Court Complaint)(Bernstein, Daniel) |
| Filing 5 NOTICE OF APPEARANCE by Silvia S. Larizza on behalf of Bank of America Merrill Lynch. (Larizza, Silvia) |
| Filing 4 LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Beth L. Kaufman dated May 6, 2019. Document filed by Bank of America Merrill Lynch.(Kaufman, Beth) |
| Filing 3 NOTICE OF APPEARANCE by Beth L. Kaufman on behalf of Bank of America Merrill Lynch. (Kaufman, Beth) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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 Debra C. Freeman 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Bernstein to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): As per Rule 13.3, Each attachment to the pleading must be clearly titled in the ECF entry so the subject of the exhibit is clear. Re-file the pleading using the event type Notice of Removal 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. ***DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS*** (pne) |
| Case Designated ECF. (pne) |
| Filing 2 CIVIL COVER SHEET filed. (Bernstein, Daniel) |
| Filing 1 FILING ERROR - NOTICE OF REMOVAL from New York Supreme, County of New York. Case Number: 650617/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-16818865).Document filed by Federal Republic of Brazil. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bernstein, Daniel) Modified on 5/6/2019 (pne). |
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