Maple Drake Austell Owner, LLC v. D.F. Pray, Inc.
| Maple Drake Austell Owner, LLC |
| D.F. Pray, Inc. |
| 1:2019cv05930 |
| June 25, 2019 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1441 pr |
| None |
Docket Report
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Filing 19
OPINION AND ORDER: For the foregoing reasons, Maple Drake's petition for a stay of arbitration is hereby denied and the petition dismissed. The Clerk of the Court is directed to close the case. (Signed by Judge Jed S. Rakoff on 7/8/2019) (jwh)
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Filing 18
ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for Richard E. Briansky to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 7/2/2019) (ks)
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Show Cause Hearing held on 7/2/2019. (Kotowski, Linda) |
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Filing 17
AFFIDAVIT OF SERVICE of Order to Show Cause for Preliminary Injunction and Temporary Restraining Order, signed by Judge Carter on 6/25/19, with supporting declaration; Notice of Court Conference served on D.F. Pray, Inc. c/o Eckert, Seamans, Cherin & Mellott LLC on 6/26/2019 at 9:52 am. Service was accepted by Ruthie Garcia, Office Manager. Document filed by Maple Drake Austell Owner, LLC. (Parrott, Matthew)
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| Filing 16 DECLARATION of Matthew D. Parrott in Support re: #11 Order to Show Cause,,,,,,,. Document filed by Maple Drake Austell Owner, LLC. (Attachments: #1 Exhibit A (Part 1 of 12) - NY Supreme Court Petition and Exhibits), #2 Exhibit A (Part 2 of 12) - NY Supreme Court Petition and Exhibits), #3 Exhibit A (Part 3 of 12) - NY Supreme Court Petition and Exhibits), #4 Exhibit A (Part 4 of 12) - NY Supreme Court Petition and Exhibits), #5 Exhibit A (Part 5 of 12) - NY Supreme Court Petition and Exhibits), #6 Exhibit A (Part 6 of 12) - NY Supreme Court Petition and Exhibits), #7 Exhibit A (Part 7 of 12) - NY Supreme Court Petition and Exhibits), #8 Exhibit A (Part 8 of 12) - NY Supreme Court Petition and Exhibits), #9 Exhibit A (Part 9 of 12) - NY Supreme Court Petition and Exhibits), #10 Exhibit A (Part 10 of 12) - NY Supreme Court Petition and Exhibits), #11 Exhibit A (Part 11 of 12) - NY Supreme Court Petition and Exhibits), #12 Exhibit A (Part 12 of 12) - NY Supreme Court Petition and Exhibits), #13 Exhibit B - NY Supreme Court Order to Show Cause and Affirmation of Janice Mac Avoy, #14 Exhibit C - NY Supreme Court Memorandum of Law, #15 Exhibit D - NY Supreme Court Affirmation of Emergency)(Parrott, Matthew) |
| Filing 15 DECLARATION of Richard E. Briansky in Opposition re: #11 Order to Show Cause,,,,,,,. Document filed by D.F. Pray, Inc.. (Attachments: #1 Exhibit General Contract Part 1, #2 Exhibit General Contract Part 2, #3 Exhibit Guaranteed Maximum Price Amendment, #4 Exhibit Payment and Performance Bonds, #5 Exhibit letter dated August 6, 2018 from Pray to the Owner, #6 Exhibit Prays Mechanics Lien, #7 Exhibit Application for Payment No. 30, #8 Exhibit May 13, 2019 letter issued by the Owner to Pray, #9 Exhibit letter dated May 23, 2019 from Pray to the Owner, #10 Exhibit letter dated June 10, 2019 from the Owner to Pray, #11 Exhibit Prays Demand for Arbitration, #12 Exhibit letter dated June 19, 2019 from the American Arbitration association, #13 Exhibit June 25, 2019 Proposed Order and Affidavit, #14 Exhibit June 25, 2019 Court Order, #15 Exhibit Construction Industry Arbitration Rules and Mediation Procedures)(Serkin, Denis) |
| Filing 14 MOTION for Richard E. Briansky to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by D.F. Pray, Inc.. (Attachments: #1 Massachusetts Certificate of Good Standing, #2 Vermont Certificate of Good Standing, #3 Maine Certificate of Good Standing, #4 Affidavit of Richard E. Briansky, #5 Proposed Order)(Briansky, Richard) |
| Filing 13 MEMORANDUM OF LAW in Opposition re: #11 Order to Show Cause,,,,,,, . Document filed by D.F. Pray, Inc.. (Serkin, Denis) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Richard E. Briansky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17164041. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by D.F. Pray, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Certificate of Good Standing - Vermont, #4 Certificate of Good Standing - Maine)(Briansky, Richard) Modified on 6/28/2019 (jc). |
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Filing 11
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: It is hereby ORDERED, that the above-named Parties appear before Judge Jed. S. Rakoff, and the above-named Respondent show cause before a motion term of this Court, at Room 14B, United States Courthouse, 500 Pearl Street, in the City, County, and State of New York, on July 2, 2019, at 4:00 p.m. thereof, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining Respondent during the pendency of this action from proceeding with the arbitration commenced by Respondent pending hearing of Petitioner's application to stay pursuant to CPLR 7503(b) in this removed action; and it is further ORDERED, that sufficient reason having been shown therefor, pending the hearing of Petitioner's application for a preliminary injunction, pursuant to Rule 65, Fed. R. Civ. P., the pending arbitration and June 26, 2019 response deadline are STAYED for fourteen (14) days; and it is further ORDERED that Respondent submit a Response to the Petition, in writing, to be filed with the Court and served upon attorneys for Petitioner by delivering copies thereof to the offices of Fried, Frank, Harris, Shriver & Jacobson LLP at One New York Plaza, New York, New York, 10004-1980 by June 28, 2019 at 5:00 p.m. ORDERED that personal service of a copy of this order and annexed affidavit upon Respondent or Respondent's counsel on or before 10:00 a.m. on June 26, 2019, shall be deemed good and sufficient service thereof. SO ORDERED. Show Cause Hearing set for 7/2/2019 at 04:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Andrew L. Carter, Jr on 6/25/2019) (rj)
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Richard E. Briansky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17164041. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Massachusetts. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Richard E. Briansky to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| Filing 10 NOTICE OF APPEARANCE by Howard M. Rosen on behalf of D.F. Pray, Inc.. (Rosen, Howard) |
| Filing 9 NOTICE OF APPEARANCE by Denis Serkin on behalf of D.F. Pray, Inc.. (Serkin, Denis) |
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Filing 8
NOTICE OF COURT CONFERENCE: Show Cause Hearing set for 7/2/2019 at 04:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, as further set forth in this order. (Signed by Judge Jed S. Rakoff on 6/25/2019) (jwh)
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| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Maple Drake Austell Mezz, LLC, Other Affiliate Maple Drake Austell Holdings, LLC, Other Affiliate Maple Austell Member, LLC, Other Affiliate Austell Maple Member, LLC, Other Affiliate Normandy Real Estate Fund III, LP, Other Affiliate Normandy Real Estate Fund III, GP, LLC, Other Affiliate Austell Place LIC NY, LLC, Other Affiliate GV Austell Place Investor, LLC, Other Affiliate GEM V NRA, LLC, Other Affiliate GEM Realty Fund V, L.P., Other Affiliate GEM Realty Fund V-A, L.P., Other Affiliate GEM Realty Managers V, L.P., Other Affiliate GEM Realty Capital, Inc. for Maple Drake Austell Owner, LLC. Document filed by Maple Drake Austell Owner, LLC.(Mac Avoy, Janice) |
| Filing 6 NOTICE OF APPEARANCE by Janice Mac Avoy on behalf of Maple Drake Austell Owner, LLC. (Mac Avoy, Janice) |
| Filing 5 NOTICE OF APPEARANCE by Matthew David Parrott on behalf of Maple Drake Austell Owner, LLC. (Parrott, Matthew) |
| Filing 4 CIVIL COVER SHEET filed. (Kramer, Steven) |
| Filing 3 CERTIFICATE OF SERVICE of Petition for Removal served on plaintiff counsel on 06/25/19. Document filed by D.F. Pray, Inc.. (Kramer, Steven) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by D.F. Pray, Inc..(Kramer, Steven) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. (Filing Fee $ 400.00, Receipt Number ANYSDC-17134008).Document filed by D.F. Pray, Inc.. (Attachments: #1 Petition for Removal, #2 Exhibit A - state court petition, #3 Exhibit B - state court filings, #4 Exhibit C - secretary of state entity search)(Kramer, Steven) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Steven Robert Kramer. 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. (dnh) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Maple Drake Austell Owner, LLC added. Party added pursuant to #1 Notice of Removal,.Document filed by Maple Drake Austell Owner, LLC. Related document: #1 Notice of Removal,.(Kramer, Steven) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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. (dnh) |
| Case Designated ECF. (dnh) |
| 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. (dnh) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Steven Robert Kramer. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh) |
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