Izmaco Investments, LLC et al v. Shift Forex, LLC et al
| John Morgan and IZMACO INVESTMENTS, LLC |
| SHIFT FOREX, LLC, SHIFT MARKETS, LTD and Shift Markets, LTD. |
| 1:2020cv08280 |
| October 5, 2020 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2021. A more recent docket listing may be available from PACER.
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to Answer: GRANTED. DEFENDANTS SHALL ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT BY DECEMBER 18, 2020. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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| Filing 12 LETTER MOTION for Extension of Time to File Answer re: #7 Amended Complaint addressed to Judge J. Paul Oetken from Zachary D. Wellbrock, Esq. dated November 27, 2020. Document filed by Shift Forex, LLC, Shift Markets, LTD...(Wellbrock, Zachary) |
| Filing 11 AFFIDAVIT OF SERVICE. Shift Markets, LTD. served on 11/5/2020, answer due 11/27/2020. Service was accepted by Virgina. Document filed by Izmaco Investments, LLC; John Morgan..(Holmgren, Thomas) |
| Filing 10 AFFIDAVIT OF SERVICE. Shift Forex, LLC served on 11/5/2020, answer due 11/27/2020. Service was accepted by John Doe. Document filed by Izmaco Investments, LLC; John Morgan..(Holmgren, Thomas) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Shift Forex, LLC, Shift Markets, LTD...(jgo) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to SHIFT FOREX, LLC, and SHIFT MARKETS, LTD., re: #7 Amended Complaint. Document filed by Izmaco Investments, LLC, John Morgan..(Holmgren, Thomas) |
| Filing 7 FIRST AMENDED COMPLAINT amending #1 Complaint against Shift Forex, LLC, Shift Markets, LTD. with JURY DEMAND.Document filed by Izmaco Investments, LLC, John Morgan. Related document: #1 Complaint..(Holmgren, Thomas) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Thomas Holmgren to RE-FILE re: Document No. #5 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF must be titled to correspond with the event type used (i.e. Amended Complaint). Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) Modified on 10/19/2020 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Thomas Holmgren to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): summons request could not be processed due to deficient pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to SHIFT FOREX, LLC, and SHIFT MARKETS, LTD., re: #5 Amended Complaint. Document filed by Izmaco Investments, LLC, John Morgan..(Holmgren, Thomas) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - FIRST AMENDED COMPLAINT amending #1 Complaint against Shift Forex, LLC, Shift Markets, LTD. with JURY DEMAND.Document filed by Izmaco Investments, LLC, John Morgan. Related document: #1 Complaint..(Holmgren, Thomas) Modified on 10/16/2020 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Thomas Holmgren to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the attorney information was omitted from the summons PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
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Filing 4
ORDER: PLAINTIFFS ALLEGE THAT THERE IS SUBJECT MATTER JURISDICTION BASED ON DIVERSITY OF CITIZENSHIP. HOWEVER, THE COMPLAINT DOES NOT ADEQUATELY DEMONSTRATE THE COURT'S SUBJECT MATTER JURISDICTION BECAUSE IT DOES NOT ALLEGE THE CITIZENSHIP OF EACH OF THE MEMBERS OF THE LLC PLAINTIFF OR OF THE LLC DEFENDANT. FOR PURPOSES OF DIVERSITY JURISDICTION, A LIMITED LIABILITY COMPANY'S PLACE OF REGISTRATION AND PRINCIPAL PLACE OF BUSINESS ARE IRRELEVANT. INSTEAD, AN LLC HAS THE CITIZENSHIP OF EACH OF ITS MEMBERS. HERE, FOR EXAMPLE, IF ANY OF THE MEMBERS OF IZMACO INVESTMENTS, LLC, IS A CITIZEN OF NEW YORK, THAT WOULD DESTROY DIVERSITY OF CITIZENSHIP. TO PROPERLY INVOKE THIS COURT'S DIVERSITY JURISDICTION, PLAINTIFF SHALL, ON OR BEFORE NOVEMBER 2, 2020, EITHER (1) SHOW CAUSE AS TO WHY ITS COMPLAINT SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION, OR (2) MOVE TO FILE AN AMENDED COMPLAINT THAT PROPERLY PLEADS JURISDICTION. IF PLAINTIFF FAILS TO DO SO, THIS ACTION MAY BE DISMISSED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.)
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| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to SHIFT FOREX, LLC, and SHIFT MARKETS, LTD, re: #1 Complaint. Document filed by Izmaco Investments, LLC, John Morgan..(Holmgren, Thomas) Modified on 10/14/2020 (dnh). |
| Filing 2 CIVIL COVER SHEET filed..(Holmgren, Thomas) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Thomas Holmgren. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Dollar Demand $150,000,000; Arbitration code e (Exempt); County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Dollar Demand has been modified to blank; the Arbitration code has been deleted; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Thomas Holmgren. The party information for the following party/parties has been modified: SHIFT FOREX, LLC, SHIFT MARKETS, LTD, IZMACO INVESTMENTS, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Thomas Holmgren to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
| 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..(pc) |
| Magistrate Judge Sarah L. Cave 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) |
| Case Designated ECF. (pc) |
| Filing 1 COMPLAINT against SHIFT FOREX, LLC, SHIFT MARKETS, LTD. Document filed by IZMACO INVESTMENTS, LLC, John Morgan. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Holmgren, Thomas) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Thomas Holmgren. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Thomas Holmgren to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 10/13/2020. (pc) |
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