Octaluna LLC et al v. RM Acquisition, LLC
Plaintiff: Octaluna III LLC, Octaluna LLC and Octaluna II LLC
Defendant: RM Acquisition, LLC
Case Number: 1:2020cv05528
Filed: July 17, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Andrew L Carter
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1334
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 10, 2020 Filing 22 REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Remand to State Court . . Document filed by Octaluna II LLC, Octaluna III LLC, Octaluna LLC..(Trzaskoma, Theresa)
September 4, 2020 Filing 21 LETTER MOTION for Extension of Time to File Response/Reply in Further Support of Motion to Remand addressed to Judge Andrew L. Carter, Jr. from Theresa Trzaskoma dated September 4, 2020. Document filed by Octaluna II LLC, Octaluna III LLC, Octaluna LLC..(Trzaskoma, Theresa)
August 31, 2020 Filing 20 DECLARATION of Sean H. McMahon in Opposition re: #14 MOTION to Remand to State Court .. Document filed by RM Acquisition, LLC. (Attachments: #1 Exhibit 1- Plaintiffs Memorandum of Law in Support of Plaintiffs Motion for Summary Judgment in Lieu of Complaint, #2 Exhibit 2- Zohar Adversary Proceeding Complaint (To Be Filed Under Seal), #3 Exhibit 3- Debtor's Motion Pursuant to Bankruptcy Rule 2004, #4 Exhibit 4- Bankruptcy Hearing Transcript dated August 4, 2020, #5 Exhibit 5- Bankruptcy Court Order).(McMahon, Sean)
August 31, 2020 Filing 19 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #14 MOTION to Remand to State Court . . Document filed by RM Acquisition, LLC, Octaluna II LLC, Octaluna III LLC, Octaluna LLC. (Attachments: #1 Exhibit 2- Zohar Adversary Proceeding Complaint)Motion or Order to File Under Seal: #18 .(Clark, Christopher)
August 31, 2020 Filing 18 LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Christopher J. Clark dated August 31, 2020. Document filed by RM Acquisition, LLC..(Clark, Christopher)
August 31, 2020 Filing 17 NOTICE OF APPEARANCE by Sean Henry McMahon on behalf of RM Acquisition, LLC..(McMahon, Sean)
August 17, 2020 Filing 16 MEMORANDUM OF LAW in Support re: #14 MOTION to Remand to State Court . . Document filed by Octaluna II LLC, Octaluna III LLC, Octaluna LLC..(Trzaskoma, Theresa)
August 17, 2020 Filing 15 DECLARATION of Theresa Trzaskoma in Support re: #14 MOTION to Remand to State Court .. Document filed by Octaluna II LLC, Octaluna III LLC, Octaluna LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Trzaskoma, Theresa)
August 17, 2020 Filing 14 MOTION to Remand to State Court . Document filed by Octaluna II LLC, Octaluna III LLC, Octaluna LLC..(Trzaskoma, Theresa)
August 3, 2020 Filing 13 NOTICE OF APPEARANCE by Robert Henry Hotz, Jr on behalf of RM Acquisition, LLC..(Hotz, Robert)
July 29, 2020 Filing 12 LETTER addressed to Judge Andrew L. Carter, Jr. from Theresa Trzaskoma dated July 29, 2020 re: Response to Defendant's Pre-Motion Letter dated July 24, 2020. Document filed by Octaluna II LLC, Octaluna III LLC, Octaluna LLC..(Trzaskoma, Theresa)
July 29, 2020 Filing 11 NOTICE OF APPEARANCE by Jennifer Luo on behalf of Octaluna II LLC, Octaluna III LLC, Octaluna LLC..(Luo, Jennifer)
July 29, 2020 Filing 10 NOTICE OF APPEARANCE by Mark Elliot Cuccaro on behalf of Octaluna II LLC, Octaluna III LLC, Octaluna LLC..(Cuccaro, Mark)
July 29, 2020 Filing 9 NOTICE OF APPEARANCE by Theresa Marie Trzaskoma on behalf of Octaluna II LLC, Octaluna III LLC, Octaluna LLC..(Trzaskoma, Theresa)
July 27, 2020 Filing 8 CERTIFICATE OF SERVICE of Notice of Appearance by Christopher J. Clark, Notice of Appearance by Nicholas Lloyd McQuaid, Letter Motion for Conference and Request for Stay of the time to respond to Plaintiffs' Motion for Summary Judgment in Lieu of Complaint addressed to Judge Andrew L. Carter, Jr., and Individual Practices of Judge Andrew L. Carter, Jr. served on Plaintiffs Octaluna LLC, Octaluna II LLC, and Octaluna III LLC on July 24, 2020. Service was made by electronic mail. Document filed by RM Acquisition, LLC..(Clark, Christopher)
July 24, 2020 Filing 7 LETTER MOTION for Conference and Request for Stay of the time to respond to Plaintiffs' Motion for Summary Judgment in Lieu of Complaint addressed to Judge Andrew L. Carter, Jr. from Christopher J. Clark dated July 24, 2020. Document filed by RM Acquisition, LLC..(Clark, Christopher)
July 24, 2020 Filing 6 NOTICE OF APPEARANCE by Nicholas Lloyd McQuaid on behalf of RM Acquisition, LLC..(McQuaid, Nicholas)
July 24, 2020 Filing 5 NOTICE OF APPEARANCE by Christopher J. Clark on behalf of RM Acquisition, LLC..(Clark, Christopher)
July 20, 2020 Filing 4 CERTIFICATE OF SERVICE of Notice of Removal (with Exhibits), Civil Cover Sheet, Rule 7.1 Corporate Disclosure Statement, Docket Sheet, and Electronic Case Filing Rules & Instructions served on Plaintiffs Octaluna LLC, Octaluna II LLC, and Octaluna III LLC on July 17, 2020. Service was made by electronic mail. Document filed by RM Acquisition, LLC..(Clark, Christopher)
July 20, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher J. Clark. The following case opening statistical information was erroneously selected/entered: Cause of Action code blank;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1334;. (pc)
July 20, 2020 Magistrate Judge Stewart D. Aaron 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. (pc)
July 20, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(pc)
July 20, 2020 Case Designated ECF. (pc)
July 17, 2020 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by RM Acquisition, LLC..(Clark, Christopher)
July 17, 2020 Filing 2 CIVIL COVER SHEET filed..(Clark, Christopher)
July 17, 2020 Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652625-20. (Filing Fee $ 400.00, Receipt Number ANYSDC-20736978).Document filed by RM Acquisition, LLC. (Attachments: #1 Exhibit 1 --State Court Filings, #2 Exhibit 2 --BK Order, #3 Exhibit 3 --BK Form 201, #4 Exhibit 4 --BK Order, #5 Exhibit 5 --BK Amended Order, #6 Exhibit 6 --BK Order, #7 Exhibit 7 --BK Debtors' Motion, #8 Exhibit 8 --BK Second Amended Agenda, #9 Exhibit 9 --BK Motion for Stay).(Clark, Christopher)

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Plaintiff: Octaluna III LLC
Represented By: Theresa Marie Trzaskoma
Represented By: Mark Elliot Cuccaro
Represented By: Jennifer Luo
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Plaintiff: Octaluna LLC
Represented By: Theresa Marie Trzaskoma
Represented By: Mark Elliot Cuccaro
Represented By: Jennifer Luo
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Plaintiff: Octaluna II LLC
Represented By: Theresa Marie Trzaskoma
Represented By: Mark Elliot Cuccaro
Represented By: Jennifer Luo
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Defendant: RM Acquisition, LLC
Represented By: Christopher J. Clark
Represented By: Sean Henry McMahon
Represented By: Robert Henry Hotz, Jr
Represented By: Nicholas Lloyd McQuaid
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