Muse Paintbar LLC et al v. Influx Capital Group LLC et al
| MUSE PAINTBAR LLC and STANLEY FINCH |
| TSVI DAVIS a/k/a STEVE DAVIS, Jonathan Braun, SQUARE, INC., INFLUX CAPITAL GROUP LLC d/b/a INFLUX CAPITAL LLC, YISROEL WEINSTEIN, CAPITAL ADVANCE SERVICES LLC, Tsvi Davis, Steve Davis, Influx Capital Group LLC and Influx Capital Group LLC doing business as Influx Capital LLC |
| 1:2019cv04577 |
| May 17, 2019 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on June 28, 2019. A more recent docket listing may be available from PACER.
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Filing 16
ORDER granting #15 Letter Motion to Adjourn Conference. Application GRANTED. The pre-motion conference previously scheduled for July 9, 2019, is hereby ADJOURNED until August 1, 2019, at 10:30 a.m. (Pre-Motion Conference set for 8/1/2019 at 10:30 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 6/27/2019) (rro)
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| Filing 15 LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Christopher R. Murray, Esq. dated June 27, 2019. Document filed by Capital Advance Services LLC.(Murray, Christopher) |
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Filing 14
ORDER terminating #9 Letter Motion for Leave to File Document; terminating #10 Letter Motion for Leave to File Document; terminating #11 Letter Motion for Conference. On May 17, 2019, Defendant Capital Advance Services, LLC (CAS) removed this case from New York Supreme Court on the basis of federal question jurisdiction. (Dkt. #1). The Court is now in receipt of three letter motions from CAS; Defendants Influx Capital LLC, Tsvi Davis and Yisroel Weinstein, and Defendant Jonathan Braun. (Dkt. #9, 10, 11). These letter motions request leave to file pre-answer motions to dismiss. On May 23, 2019, the Court received a response from Plaintiffs, offering to voluntarily dismiss their claim under 18 U.S.C. 1962 (RICO) and have the case remanded to state court. (Dkt. #12). CAS provided a letter in response, claiming that Plaintiff's offer to dismiss the RICO count would not require remand, as CAS would argue for the exercise of supplemental jurisdiction. (Dkt. #13). Furthermore, CAS now argued that the removal was also based on diversity, as CAS alleges that Plaintiff is domiciled in Texas. (Id.). CAS asked the Court to proceed directly to motion practice without a pre-motion conference. (Id.). The Court denies this last request, and hereby ORDERS the parties to appear for a pre-motion conference on July 9, 2019, at 10:00 a.m. The Court expects the parties to be prepared to address the bases for their motions to dismiss as well as the bases for the exercise of jurisdiction if the federal claim is withdrawn. The Clerk of Court is directed to terminate the motions at docket entries 9, 10, and 11. (Signed by Judge Katherine Polk Failla on 5/24/2019) (rro)
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| Set/Reset Hearings: Pre-Motion Conference set for 7/9/2019 at 10:00 AM before Judge Katherine Polk Failla. (rro) |
| Filing 13 LETTER addressed to Judge Katherine Polk Failla from Christopher R. Murray, Esq. dated May 23, 2019 re: Response To Plaintiffs Pre-Motion Letter Dated May 23, 2019. Document filed by Capital Advance Services LLC.(Murray, Christopher) |
| Filing 12 FIRST LETTER addressed to Judge Katherine Polk Failla from Robert Grimble dated 5-23-19 re: Pre-Motion Letter pursuant to Rule 4(A). Document filed by Muse Paintbar LLC.(Loguidice, Robin) |
| Filing 11 LETTER MOTION for Conference for Leave to File a Motion to Dismiss addressed to Judge Katherine Polk Failla from Jeffrey Fleischmann dated May 21, 2019. Document filed by Jonathan Braun.(Fleischmann, Jeffrey) |
| Filing 10 LETTER MOTION for Leave to File motion to dismiss the Complaint addressed to Judge Katherine Polk Failla from Nathan Cohen dated May 21, 2019. Document filed by Tsvi Davis, Influx Capital Group LLC, Yisroel Weinstein.(Cohen, Nathan) |
| Filing 9 LETTER MOTION for Leave to File pre-answer motion to dismiss and sever addressed to Judge Katherine Polk Failla from Christopher R. Murray, Esq. dated May 20, 2019. Document filed by Capital Advance Services LLC.(Murray, Christopher) |
| Filing 8 NOTICE OF APPEARANCE by Evan M Newman on behalf of Tsvi Davis, Influx Capital Group LLC, Yisroel Weinstein. (Newman, Evan) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Influx Capital Group LLC.(Cohen, Nathan) |
| Filing 6 NOTICE OF APPEARANCE by Nathan Cohen on behalf of Tsvi Davis, Influx Capital Group LLC, Yisroel Weinstein. (Cohen, Nathan) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Boris Capital Holdings, LLC for CAPITAL ADVANCE SERVICES LLC. Document filed by CAPITAL ADVANCE SERVICES LLC.(Murray, Christopher) |
| Filing 4 NOTICE OF APPEARANCE by Jeffrey Fleischmann on behalf of Jonathan Braun. (Fleischmann, Jeffrey) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher Ryan Murray. The following case opening statistical information was erroneously selected/entered: Cause of Action code 18:1961; Nature of Suit code 190 (Contract: Other); County code New York; 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 28:1331; the Nature of Suit code has been modified to 470 (Racketeer/Corrupt Organization); the County code has been modified to Westchester; the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Christopher Ryan Murray to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement. The information on the PDF does not match the information entered for the filer. If there is a Corporate Parent, please list on the PDF. (ldi) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Ryan Murray. The party information for the following party/parties has been modified: INFLUX CAPITAL GROUP LLC d/b/a INFLUX CAPITAL LLC, CAPITAL ADVANCE SERVICES LLC, TSVI DAVIS a/k/a STEVE DAVIS, STANLEY FINCH, MUSE PAINTBAR LLC, YISROEL WEINSTEIN, SQUARE, INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted;. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Sarah Netburn 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
| Filing 3 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Boris Capital Holdings, LLC for CAPITAL ADVANCE SERVICES LLC. Document filed by CAPITAL ADVANCE SERVICES LLC.(Murray, Christopher) Modified on 5/20/2019 (ldi). |
| Filing 2 CIVIL COVER SHEET filed. (Murray, Christopher) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 651476/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-16909997).Document filed by CAPITAL ADVANCE SERVICES LLC. (Attachments: #1 Exhibit 1 - Document List, #2 Exhibit 2 Part 1 of 7 - Court Docs, #3 Exhibit 2 Part 2 of 7 - Court Docs, #4 Exhibit 2 Part 3 of 7 - Court Docs, #5 Exhibit 2 Part 4 of 7 - Court Docs, #6 Exhibit 2 Part 5 of 7 - Court Docs, #7 Exhibit 2 Part 6 of 7 - Court Docs, #8 Exhibit 2 Part 7 of 7 - Court Docs, #9 Exhibit 3 - Defendants' Consent, #10 Exhibit 4 - State Court Notice)(Murray, Christopher) |
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