BDG Gotham Residential, LLC et al v. Western Waterproofing Company, Inc. et al.
| BDG Gotham Residential, LLC and ZDG, LLC |
| Western Waterproofing Company, Inc. d/b/a Western Specialty Contractors and Western Surety Company, Western Surety Company and Western Waterproofing Company, Inc. |
| 1:2019cv06386 |
| July 10, 2019 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 26
ORDER: On August 30, 2019, Defendants Western Waterproofing Company, Inc. and Western Surety Company filed motions to dismiss. Dkt. Nos. 23-25. Pursuant to Rule 3.F of this Court's Individual Practices in Civil Cases, on or before September 9, 2019, Plaintiff must notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so or (2) it will rely on the pleading being attacked. Plaintiff is on notice that declining to amend its pleadings to timely respond to a fully briefed argument in Defendants' motions to dismiss may well constitute a waiver of the Plaintiff's right to use the amendment process to cure any defects that have been made apparent by the Defendants' briefing. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC., 797 F.3d 160 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). If Plaintiff chooses to amend, Defendants may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it relies on the initially-filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/03/2019) (ama)
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Filing 25
MOTION to Dismiss . Document filed by Western Waterproofing Company, Inc.. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order - Proposed Order Granting Motion to Dismiss)(Bhan, Nischay)
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Filing 24
MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss . . Document filed by Western Surety Company. (Gunther, Brian)
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Filing 23
MOTION to Dismiss . Document filed by Western Surety Company.(Gunther, Brian)
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Magistrate Judge Barbara C. Moses 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. (bcu)
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time to Answer. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/15/2019) (jca)
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Filing 21
LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Katherine A. Brooker dated August 14, 2019. Document filed by Western Waterproofing Company, Inc..(Bhan, Nischay)
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Filing 20
NOTICE OF APPEARANCE by Kenneth Lazaruk on behalf of BDG Gotham Residential, LLC. (Lazaruk, Kenneth)
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Filing 19
NOTICE OF APPEARANCE by John S. Wojak, Jr on behalf of BDG Gotham Residential, LLC. (Wojak, John)
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Filing 18
NOTICE OF APPEARANCE by Allen J Ross on behalf of BDG Gotham Residential, LLC. (Ross, Allen)
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Filing 17
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ZDG, LLC.(Ansari, Navid)
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Filing 16
NOTICE OF APPEARANCE by Navid Ansari on behalf of ZDG, LLC. (Ansari, Navid)
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Filing 15
NOTICE OF APPEARANCE by Gregory H. Chertoff on behalf of ZDG, LLC. (Chertoff, Gregory)
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Filing 14
ORDER granting #12 Motion for Nischay K. Bhan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) Transmission to Attorney Services/Help Desk.
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Filing 13
ORDER granting #11 Motion for Joseph A. Colagiovanni to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) Transmission to Attorney Services/Help Desk.
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Filing 12
MOTION for Nischay K. Bhan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17269740. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Western Waterproofing Company, Inc.. (Attachments: #1 Text of Proposed Order)(Bhan, Nischay)
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Filing 11
MOTION for Joseph A. Colagiovanni to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17269689. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Western Waterproofing Company, Inc.. (Attachments: #1 Text of Proposed Order)(Colagiovanni, Joseph)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Nischay K. Bhan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17269740. Motion and supporting papers to be reviewed by Clerk's Office staff., #11 MOTION for Joseph A. Colagiovanni to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17269689. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 10
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, October 25, 2019 at 3:30pm in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) SO ORDERED. Initial Conference set for 10/25/2019 at 03:30 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 7/16/2019) (kv)
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Filing 9
ORDER granting #7 Letter Motion for Extension of Time to Answer. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/15/2019) (kv)
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Filing 8
ORDER granting #5 Motion for Katherine A. Brooker to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) Transmission to Attorney Services/Help Desk.
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Filing 7
LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Steven H Rittmaster dated July 12, 2019. Document filed by Western Surety Company.(Rittmaster, Steven)
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Filing 6
NOTICE OF APPEARANCE by Steven Henry Rittmaster on behalf of Western Surety Company. (Rittmaster, Steven)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Katherine A. Brooker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17230682. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 5
MOTION for Katherine A. Brooker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17230682. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Western Surety Company, Western Waterproofing Company, Inc.. (Attachments: #1 Text of Proposed Order)(Brooker, Katherine)
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Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Notice of Removal,. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-17221181, paid on 7/10/2019. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew McCutcheon Lankler. The party information for the following party/parties has been modified: Western Waterproofing Company, Inc. d/b/a Western Specialty Contractors and Western Surety Company. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew McCutcheon Lankler. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc)
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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. (pc)
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Case Designated ECF. (pc)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Continental Casualty Company, Corporate Parent The Continental Corporation, Corporate Parent The Continental Corporation, Corporate Parent CNA Financial Corporation for Western Surety Company. Document filed by Western Surety Company.(Rittmaster, Steven)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Western Construction Group, Inc., Corporate Parent Western Holding Group, Inc. for Western Waterproofing Company, Inc. d/b/a Western Specialty Contractors and Western Surety Company. Document filed by Western Waterproofing Company, Inc. d/b/a Western Specialty Contractors and Western Surety Company.(Lankler, Andrew)
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Filing 2
CIVIL COVER SHEET filed. (Attachments: #1 Attachment to Civil Cover Sheet)(Lankler, Andrew)
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Filing 1
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 653283/2019..Document filed by Western Waterproofing Company, Inc. d/b/a Western Specialty Contractors and Western Surety Company. (Attachments: #1 Ex. A - BDGs Application of Authority, #2 Ex. B - ZDGs Articles of Organization, #3 Ex. C - Summons & Verified Complaint (NY State Action))(Lankler, Andrew)
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