BDO USA, LLP v. Franz et al
| BDO USA, LLP |
| Matthew Franz and Donald Sowell |
| 1:2020cv06168 |
| August 6, 2020 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Contract: Other |
| 28 U.S.C. ยง 1332 bc |
| Defendant |
Docket Report
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This docket was last retrieved on August 17, 2020. A more recent docket listing may be available from PACER.
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 21 1000 014 4 on 8/18/2020. (jca) |
Filing 8
ORDER OF REMAND: IT IS HEREBY ORDERED AND ADJUDGED that Defendants request for remand is GRANTED. The Clerk is directed to remand this case to the Commercial Division of the Supreme Court of the State of New York, County of New York. DONE AND ORDERED in New York, New York this 17th day of August, 2020. (Signed by Judge J. Paul Oetken on 8/17/2020) (jca) Transmission to Docket Assistant Clerk for processing.
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| Filing 7 LETTER addressed to Judge J. Paul Oetken from James Philbin dated August 17, 2020 re: Withdraw Notice of Removal. Document filed by Matthew Franz, Donald Sowell..(Philbin, James) |
| Filing 6 ANSWER to Complaint. Document filed by Matthew Franz, Donald Sowell..(Philbin, James) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Matthew Franz, Donald Sowell..(Philbin, James) |
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Filing 4
ORDER: DEFENDANTS ALLEGE THAT THERE IS SUBJECT MATTER JURISDICTION BASED ON DIVERSITY OF CITIZENSHIP. PLAINTIFF IS ALLEGED TO BE A "LIMITED LIABILITY PARTNERSHIP ORGANIZED UNDER THE LAWS OF THE STATE OF DELAWARE, WITH ITS PRINCIPAL PLACE OF BUSINESS" IN NEW YORK. BUT FOR PURPOSES OF DIVERSITY JURISDICTION, A LIMITED LIABILITY PARTNERSHIP'S PLACE OF INCORPORATION AND PRINCIPAL PLACE OF BUSINESS ARE IRRELEVANT. INSTEAD, AN LLP HAS THE CITIZENSHIP OF EACH OF ITS PARTNERS. HERE, IF ANY OF THE PARTNERS IS A CITIZEN OF THE STATES OF TEXAS OR WASHINGTON, THAT WOULD DESTROY DIVERSITY OF CITIZENSHIP. ON OR BEFORE AUGUST 31, 2020, DEFENDANTS SHALL FILE ONE OF THE FOLLOWING (1) AN AMENDED NOTICE OF REMOVAL THAT PROPERLY PLEADS COMPLETE DIVERSITY OF THE PARTIES; OR (2) A LETTER REQUESTING ADDITIONAL TIME TO INVESTIGATE THE STATES OF CITIZENSHIP OF THE PARTNERS OR TO SEEK SUCH INFORMATION FROM PLAINTIFF. OTHERWISE, THIS ACTION MAY BE REMANDED TO STATE COURT. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (nl)
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| Filing 3 AFFIDAVIT OF SERVICE of Affirmation of Service of Notice of Removal served on BDO USA, LLP on 08/07/2020. Service was made by mail. Document filed by Matthew Franz, Donald Sowell..(Arfine, Leslie) |
| Case Designated ECF. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James P. Philbin, III. The following case opening statistical information was erroneously selected/entered: Jury Demand code p (Plaintiff). The following correction(s) have been made to your case entry: the Jury Demand code has been modified to d (Defendant). (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney James P. Philbin, III to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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..(dnh) |
| 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. (dnh) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Philbin, James) Modified on 8/7/2020 (dnh). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652816/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-21033824).Document filed by Donald Sowell, Matthew Franz. (Attachments: #1 Exhibit Process served on Defendants, #2 Exhibit Acknowledgment of Service).(Philbin, James) |
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