Medlink Legal Systems LLC v. BuKo LLC et al
| Medlink Legal Systems LLC |
| DOES 1-10, Avila Kornman Lisa, BuKo LLC and Budhram Rashimi |
| 1:2020cv04293 |
| June 5, 2020 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| None |
Docket Report
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Filing 24
MEMORANDUM OPINION AND ORDER: In sum, the Court finds that Plaintiff has failed to establish complete diversity; there is insufficient evidence that Ms. Diverioli is a California domiciliary, and there is insufficient evidence that Mr. Benjamin, a New York domiciliary, is not a member of Medlink. The case is therefore dismissed without prejudice for lack of subject-matter jurisdiction. The Clerk of Court is respectfully directed to terminate all pending motions and deadlines and close the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/17/2020) (ama)
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| Filing 23 LETTER addressed to Judge Valerie E. Caproni from Robert L. Greener dated 06/15/2020 re: Permission to file supplemental submissions responding to Defendants' opposition papers. Document filed by Medlink Legal Systems LLC..(Greener, Robert) |
| Filing 22 ***SELECTED PARTIES***DECLARATION of Avigail Diveroli in Support re: #7 FIRST MOTION for Temporary Restraining Order ., #20 FIRST LETTER MOTION to Seal Show Cause response and supporting documents, and to redact personal information addressed to Judge Valerie E. Caproni from Robert L. Greener dated 06/11/2020.. Document filed by Medlink Legal Systems LLC, BuKo LLC. (Attachments: #1 Exhibit Personal documents showing residence of Avigail Diveroli)Motion or Order to File Under Seal: #20 .(Greener, Robert) |
| Filing 21 ***SELECTED PARTIES***DECLARATION of Samuel Benjamin in Support re: #7 FIRST MOTION for Temporary Restraining Order ., #20 FIRST LETTER MOTION to Seal Show Cause response and supporting documents, and to redact personal information addressed to Judge Valerie E. Caproni from Robert L. Greener dated 06/11/2020.. Document filed by Medlink Legal Systems LLC, BuKo LLC. Motion or Order to File Under Seal: #20 .(Greener, Robert) |
| Filing 20 FIRST LETTER MOTION to Seal Show Cause response and supporting documents, and to redact personal information addressed to Judge Valerie E. Caproni from Robert L. Greener dated 06/11/2020. Document filed by Medlink Legal Systems LLC. (Attachments: #1 Exhibit Emails with S. Miller Esq., #2 Exhibit Emails with S. Miller Esq.).(Greener, Robert) |
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Filing 19
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED THAT that the show-cause hearing scheduled for June 10, 2020, is CANCELLED. IT IS FURTHER ORDERED THAT, no later than June 12, 2020, Plaintiff must show cause, in writing, why this action should not be dismissed for lack of subject-matter jurisdiction because the parties lack complete diversity. In lieu of a response, Plaintiff may file a voluntary dismissal of this action. SO ORDERED. Show Cause Response due by 6/12/2020. (Signed by Judge Valerie E. Caproni on 6/09/2020) (ama)
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| Filing 18 NOTICE OF APPEARANCE by Simon Joel Kasha Miller on behalf of BuKo LLC, Avila Kornman Lisa, Budhram Rashimi..(Miller, Simon) |
| Filing 17 DECLARATION of Lisa Avila in Opposition re: #7 FIRST MOTION for Temporary Restraining Order .. Document filed by BuKo LLC, Avila Kornman Lisa, Budhram Rashimi. (Attachments: #1 Exhibit Ex 1 -- First CA purchase Order, #2 Exhibit Ex 2 - Amended CA PO, #3 Exhibit Ex 3 Buko PO to Medlink, #4 Exhibit Ex 4 - Wikipedia page, #5 Exhibit Ex 5 - May 28, 2020 letter, #6 Exhibit Ex 5a - Avila drivers license, #7 Exhibit Ex 6 - Medlink Annual report).(Miller, Simon) |
| Filing 16 MEMORANDUM OF LAW in Opposition re: #7 FIRST MOTION for Temporary Restraining Order . . Document filed by BuKo LLC, Avila Kornman Lisa, Budhram Rashimi..(Miller, Simon) |
| Filing 15 DECLARATION of Lisa Avila in Support re: #7 FIRST MOTION for Temporary Restraining Order .. Document filed by BuKo LLC, Avila Kornman Lisa, Budhram Rashimi. (Attachments: #1 Exhibit Ex 1 -- First CA purchase Order, #2 Exhibit Ex 2 - Amended CA PO, #3 Exhibit Ex 3 Buko PO to Medlink, #4 Exhibit Ex 4 - Wikipedia page, #5 Exhibit Ex 5 - May 28, 2020 letter, #6 Exhibit Ex 5a - Avila drivers license, #7 Exhibit Ex 6 - Medlink Annual report).(Miller, Simon) |
| Filing 14 DECLARATION of Samuel Benjamin in Support re: #7 FIRST MOTION for Temporary Restraining Order .. Document filed by Medlink Legal Systems LLC..(Greener, Robert) |
| Filing 13 AFFIDAVIT OF SERVICE of Order to show cause, supporting papers and declarations with exhibits, and summons and complaint served on Buko LLC, Rashimi Budhram, Lisa Avila on June 6, 2020. Service was made by Overnight delivery. Document filed by Medlink Legal Systems LLC..(Greener, Robert) |
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Filing 12
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED THAT Defendants must show cause before this Court at a telephonic hearing, on June 10, 2020, at 2:00 P.M., why an order should not be issued: as set forth herein. IT IS FURTHER ORDERED THAT service of a copy of this Order to Show Cause, the papers upon which it is based, and the Summons and Complaint upon Defendants (1) via email to all addresses that Plaintiff has utilized to communicate with any Defendant and (2) via overnight mail with Saturday delivery to all Defendants' last known address shall together be deemed good and sufficient service if made by June 6, 2020. Plaintiff must file an affidavit of service by 5:00 P.M. on June 8, 2020. Defendants' response must be filed by 12:00 P.M. on June 9, 2020. IT IS FURTHER ORDERED THAT Plaintiff must file an affidavit, no later than 5:00 P.M. on June 8, 2020, identifying all of the members of Medlink Legal Systems LLC and theirdomiciles, for purposes of determining diversity jurisdiction. IT IS FURTHER ORDERED THAT all parties and any interested members of the public must attend the telephonic hearing on June 10, 2020, at 2:00 P.M., by dialing 1-888-363-4749, using the access code 3121171 and the security code 4293. Each person must self-identify before speaking, and mute his or her phone when not speaking. SO ORDERED., ( Telephone Conference set for 6/10/2020 at 02:00 PM before Judge Valerie E. Caproni.) Show Cause Hearing set for 6/10/2020 at 02:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 6/05/2020) (ama)
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| Filing 11 LETTER addressed to Judge Valerie E. Caproni from Robert L. Greener dated 06/05/2020 re: Notice to Defendants regarding TRO conference. Document filed by Medlink Legal Systems LLC..(Greener, Robert) |
| Filing 10 DECLARATION of Robert L. Greener in Support re: #7 FIRST MOTION for Temporary Restraining Order .. Document filed by Medlink Legal Systems LLC. (Attachments: #1 Exhibit Filed Complaint, #2 Exhibit Ex A to comp, #3 Exhibit Ex B to Comp, #4 Exhibit Ex C to Comp, #5 Exhibit Ex D to Comp, #6 Exhibit Ex E to Comp, #7 Exhibit Ex F to Comp, #8 Exhibit Ex G to Comp, #9 Exhibit Ex H to Comp, #10 Exhibit Ex I to Comp, #11 Exhibit Ex J to Comp, #12 Exhibit Ex K to Comp, #13 Exhibit Ex L to Comp).(Greener, Robert) |
| Filing 9 DECLARATION of Wendy Xaio in Support re: #7 FIRST MOTION for Temporary Restraining Order .. Document filed by Medlink Legal Systems LLC. (Attachments: #1 Exhibit NDA).(Greener, Robert) |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 FIRST MOTION for Temporary Restraining Order . . Document filed by Medlink Legal Systems LLC..(Greener, Robert) |
| Filing 7 FIRST MOTION for Temporary Restraining Order . Document filed by Medlink Legal Systems LLC. (Attachments: #1 Exhibit Buko to Medlink NDA, #2 Exhibit PO No.1 (1949), #3 Exhibit California PO, #4 Exhibit Financing Documents, #5 Exhibit Mexican Agency agreement, #6 Exhibit May 16 modified PO (Po No.1, #7 Exhibit Voided PO (PO No.3), #8 Exhibit 2 M Gown factory order, #9 Exhibit Emails Xaio and Buko, #10 Exhibit Emails Xaio and Litai, #11 Exhibit Shipping Qotes, #12 Exhibit Proposed modification agree. 5-26-20, #13 Exhibit Termination Letter, #14 Exhibit Medlink's attorney demand letter, #15 Exhibit Inspection report communications, #16 Exhibit Xaio invoice).(Greener, Robert) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to BuKo LLC, DOES 1-10, Avila Kornman Lisa, Budhram Rashimi..(pne) |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Medlink Legal Systems LLC. Related Document Number: #1 ..(Greener, Robert) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Medlink Legal Systems LLC..(Greener, Robert) |
| Filing 3 CIVIL COVER SHEET filed..(Greener, Robert) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to BuKo LLc, Rashimi Budrham, Lisa Kornman Avila, Does 1-10, re: #1 Complaint,,. Document filed by Medlink Legal Systems LLC..(Greener, Robert) |
| Filing 1 COMPLAINT against BuKo LLC, DOES 1-10, Avila Kornman Lisa, Budhram Rashimi. (Filing Fee $ 400.00, Receipt Number ANYSDC-20127235)Document filed by Medlink Legal Systems LLC. (Attachments: #1 Exhibit California Purchase Order, #2 Exhibit NDA -Buko and Medlink, #3 Exhibit PO 1949 (PO No.1), #4 Exhibit May 16 modified PO No.2, #5 Exhibit Voided PO (PO No.3), #6 Exhibit @ M Gown Order from Medlink to Litai, #7 Exhibit May 20th email, #8 Exhibit Demand for payment May 23-Litai, #9 Exhibit Inspection Report email, #10 Exhibit Medlink's attorney letter, #11 Exhibit Lawyers letter from Litai, #12 Exhibit Termination Letter).(Greener, Robert) |
| Magistrate Judge James L. Cott 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert Leslie Greener. The following case opening statistical information was erroneously selected/entered: Dollar Demand $40,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000 (MAXIMUM DOLLAR AMOUNT ACCEPTED ON CM ECF). (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (dt) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne) |
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