Constellation NewEnergy Inc. v. West Side Manhattan Real Estate LLC
Plaintiff: Constellation NewEnergy Inc.
Defendant: West Side Manhattan Real Estate LLC
Case Number: 1:2020cv08448
Filed: October 9, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 19, 2020 Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held via telephone on 11/19/2020. Marcella M. Jayne present for Plaintiff. Tom Gentile present for Defendant. (ab)
November 19, 2020 Opinion or Order Filing 16 ORDER,As discussed, and for the reasons stated, on the record at the conference conducted by telephone earlier today: Plaintiff is granted leave to amend the First Amended Complaint, ECF No. 12, to properly plead the existence of subject-matter jurisdiction pursuant to 28 U.S.C. 1332. If Plaintiff determines that complete diversity between the parties does in fact exist, it shall file a Second Amended Complaint no later than December 10, 2020. If the parties are unable to determine whether complete diversity exists by that date, the parties shall file a joint letter proposing a path forward for resolving this question. SO ORDERED. ( Amended Pleadings due by 12/10/2020.) (Signed by Judge Jesse M. Furman on 11/19/20) (yv)
November 17, 2020 Filing 15 AFFIDAVIT OF SERVICE of #13 Order served on West Side Manhattan Real Estate LLC on 11/17/2020. Service was accepted by Tom Kaminsky, Authorized Agent. Document filed by Constellation NewEnergy Inc...(Jayne, Marcella)
November 17, 2020 Filing 14 SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. West Side Manhattan Real Estate LLC served on 11/17/2020, answer due 12/8/2020. Service was accepted by Tom Kaminsky, Authorized Agent. Document filed by Constellation NewEnergy Inc...(Jayne, Marcella)
November 16, 2020 Opinion or Order Filing 13 ORDER: The parties shall appear for a teleconference on November 19, 2020, at 2:15 p.m., to address the issue of subject-matter jurisdiction. The conference will be held in accordance with Rule 2(A) of the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) As stated in Rule 2(C)(ii) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, no later than 24 hours before the conference, the parties shall email the Court a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. More broadly, counsel should review and comply with the rules and guidance regarding teleconferences set forth in the Court's Emergency Individual Rules and Practices in Light of COVID-19. As noted, the parties should be prepared to address the issue of subject matter jurisdiction including, but not limited to, whether discovery is appropriate and should confer with respect to those issues in advance of the conference. Plaintiff shall promptly serve Defendant with a copy of this Order and shall file proof of such service on the docket within one business day of this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/16/2020) ( Telephone Conference set for 11/19/2020 at 02:15 PM before Judge Jesse M. Furman.) (ks)
November 13, 2020 Filing 12 FIRST AMENDED COMPLAINT amending #1 Complaint against West Side Manhattan Real Estate LLC.Document filed by Constellation NewEnergy Inc.. Related document: #1 Complaint..(Jayne, Marcella)
October 23, 2020 Filing 11 ELECTRONIC AMENDED SUMMONS ISSUED as to West Side Manhattan Real Estate LLC.(vf)
October 22, 2020 Filing 10 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to West Side Manhattan Real Estate LLC, re: #1 Complaint. Document filed by Constellation NewEnergy Inc...(Jayne, Marcella)
October 21, 2020 Filing 9 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Exelon Generation Company, LLC, Corporate Parent Constellation Energy Resources, LLC, Corporate Parent Exelon Corporation for Constellation NewEnergy Inc.. Document filed by Constellation NewEnergy Inc...(Jayne, Marcella)
October 13, 2020 Opinion or Order Filing 8 ORDER: Accordingly, it is hereby ORDERED that, on or before November 13, 2020, the Plaintiff shall amend its Complaint to allege the citizenship of each constituent person or entity comprising the Defendant LLCs as well as the citizenship of all individual parties. If, by that date, the Plaintiff is unable to amend the Complaint to truthfully allege complete diversity of citizenship, then the Complaint will be dismissed for lack of subject matter jurisdiction without further notice to either party. SO ORDERED., ( Amended Pleadings due by 11/13/2020.) (Signed by Judge Jesse M. Furman on 10/13/2020) (ama)
October 13, 2020 Opinion or Order Filing 7 NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on January 14, 2021 at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs: as set forth herein. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. And as set forth herein. SO ORDERED. Initial Conference set for 1/14/2021 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 10/13/2020) (ama)
October 13, 2020 Filing 6 NOTICE OF APPEARANCE by Marcella M. Jayne on behalf of Constellation NewEnergy Inc...(Jayne, Marcella)
October 13, 2020 Filing 5 ELECTRONIC SUMMONS ISSUED as to West Side Manhattan Real Estate LLC..(jgo)
October 13, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Marcella M. Jayne. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)
October 13, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(jgo)
October 13, 2020 Magistrate Judge Ona T. Wang 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. (jgo)
October 13, 2020 Case Designated ECF. (jgo)
October 13, 2020 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Marcella M. Jayne to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (ldi)
October 9, 2020 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to West Side Manhattan Real Estate LLC, re: #1 Complaint. Document filed by Constellation NewEnergy Inc...(Jayne, Marcella)
October 9, 2020 Filing 3 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Constellation NewEnergy Inc...(Jayne, Marcella) Modified on 10/13/2020 (ldi).
October 9, 2020 Filing 2 CIVIL COVER SHEET filed..(Jayne, Marcella)
October 9, 2020 Filing 1 COMPLAINT against West Side Manhattan Real Estate LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-22066051)Document filed by Constellation NewEnergy Inc...(Jayne, Marcella)

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Defendant: West Side Manhattan Real Estate LLC
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Plaintiff: Constellation NewEnergy Inc.
Represented By: Marcella M. Jayne
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