Commercial Tenant Services, Inc. v. Penske Business Media, LLC
| Commercial Tenant Services, Inc. |
| Penske Business Media, LLC |
| 1:2020cv09756 |
| November 19, 2020 |
| US District Court for the Southern District of New York |
| Sidney H Stein |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 45
STIPULATION OF DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED by and between Plaintiff Commercial Tenant Services, Inc. and Defendant Penske Business Media, LLC, through their undersigned counsel, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the parties' Confidential Settlement Agreement and General Release, that this action and all claims and defenses asserted therein shall be dismissed with prejudice, with each party bearing its own attorneys' fees, costs, and expenses. IT IS SO STIPULATED AND AGREED. SO ORDERED. (Signed by Judge Sidney H. Stein on 1/13/2023) (jca)
|
|
Filing 44
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Penske Business Media, LLC pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Commercial Tenant Services, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Kutner, Kenneth)
|
|
Filing 43
MEMO ENDORSEMENT on re: #42 Letter, filed by Penske Business Media, LLC. ENDORSEMENT The Court will not retain jurisdiction over the parties to enforce a settlement agreement that is not public and the Court has not seen. The parties may submit a stipulation providing for dismissal with prejudice. So ordered. (Signed by Judge Sidney H. Stein on 12/16/2022) (jca)
|
|
Filing 42
JOINT LETTER addressed to Judge Sidney H. Stein from William A. Delgado and Kenneth L. Kutner dated 12/16/2022 re: Stipulation of Dismissal. Document filed by Penske Business Media, LLC. (Attachments: #1 Exhibit Stipulation of Dismissal and Proposed Order).(Delgado, William)
|
|
Filing 41
OPINION AND ORDER re: #18 MOTION for Summary Judgment . filed by Commercial Tenant Services, Inc., #14 MOTION for Partial Summary Judgment . filed by Penske Business Media, LLC. In light of the foregoing analysis, plaintiff's motion for summary judgment is denied; defendant's motion for partial summary judgment is granted in part and denied in part. The remaining claims to proceed to trial are as follows: (1) plaintiff's breach of contract claims as to commissions it may be owed for real estate tax Identifications as to the 2nd, 3rd, 14th, 16th, 19th, and 24th floors of PBM's Building and (2) plaintiff's claim for attorney's fees. Summary judgment in PBM' s favor disposes of plaintiff's claims as to the 4th and 5th floors, quantum meruit, and declaratory judgment. Trial will commence on March 13, 2023; a joint pretrial order, any motions in limine, proposed voir dire, and proposed jury charges are due by February 6, 2023; responses to any motions in limine are due by February 13, 2023; a final pretrial conference in this matter will take place on February 24, 2023 at 10:00 a.m. in Courtroom 23A, 500 Pearl St, New York, NY. SO ORDERED. (Motions due by 2/6/2023., Pretrial Order due by 2/6/2023., Responses due by 2/13/2023, Ready for Trial by 3/13/2023., Final Pretrial Conference set for 2/24/2023 at 10:00 AM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 9/16/2022) (jca)
|
|
Filing 40
NOTICE of requesting the Court to proceed with ruling on the cross motions for summary judgment. Document filed by Penske Business Media, LLC..(Delgado, William)
|
|
Filing 39
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/9/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
|
|
Filing 38
TRANSCRIPT of Proceedings re: CONFERENCE held on 11/9/2021 before Judge Sidney H. Stein. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022..(Moya, Goretti)
|
|
Minute Entry for proceedings held before Judge Sidney H. Stein: Oral Argument held on 11/9/2021. Counsel for all parties appeared. (lab)
|
|
Filing 37
REPLY MEMORANDUM OF LAW in Support re: #14 MOTION for Partial Summary Judgment . . Document filed by Penske Business Media, LLC. (Attachments: #1 Reply ISO Separate Statement of Undisputed Facts ISO MSJ).(Delgado, William)
|
|
Filing 36
ORDER granting #35 Motion for Erik P. Mortensen to Appear Pro Hac Vice (HEREBY ORDERED by Judge Sidney H. Stein)(Text Only Order) (lab)
|
|
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #35 MOTION for Erik P. Mortensen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
|
|
Filing 35
MOTION for Erik P. Mortensen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Penske Business Media, LLC. (Attachments: #1 Declaration of Erik P. Mortensen ISO Motion for Pro Hac Vice, #2 Granting Motion for Pro Hac Vice).(Mortensen, Erik)
|
|
Filing 34
MEMORANDUM OF LAW in Support re: #18 MOTION for Summary Judgment . . Document filed by Commercial Tenant Services, Inc...(Kutner, Kenneth)
|
|
Filing 33
DECLARATION of Steven Serota in Support re: #18 MOTION for Summary Judgment .. Document filed by Commercial Tenant Services, Inc...(Kutner, Kenneth)
|
|
Filing 32
DECLARATION of Kenneth L. Kutner in Support re: #18 MOTION for Summary Judgment .. Document filed by Commercial Tenant Services, Inc.. (Attachments: #1 Exhibit Excerpts from Todd Greene Deposition Transcript, #2 Exhibit Lease, #3 Exhibit Second Amendment to Lease, #4 Exhibit Email dated 12.28.18 from Greene to Harris (CTS725), #5 Exhibit Summons and Complaint).(Kutner, Kenneth)
|
|
Filing 31
DECLARATION of Todd Greene in Opposition re: #18 MOTION for Summary Judgment .. Document filed by Penske Business Media, LLC. (Attachments: #1 Exhibit 1 to Greene Declaration ISO Def's Opposition to Plf's MSJ, #2 Exhibit 2 to Greene Declaration ISO Def's Opposition to Plf's MSJ).(Delgado, William)
|
|
Filing 30
DECLARATION of William A. Delgado in Opposition re: #18 MOTION for Summary Judgment .. Document filed by Penske Business Media, LLC. (Attachments: #1 Exhibit 1 to Delgado Declaration ISO Def's Opposition to Plf's MSJ, #2 Exhibit 2 to Delgado Declaration ISO Def's Opposition to Plf's MSJ, #3 Exhibit 3 to Delgado Declaration ISO Def's Opposition to Plf's MSJ, #4 Exhibit 4 to Delgado Declaration ISO Def's Opposition to Plf's MSJ).(Delgado, William)
|
|
Filing 29
MEMORANDUM OF LAW in Opposition re: #18 MOTION for Summary Judgment . . Document filed by Penske Business Media, LLC. (Attachments: #1 Def's Response to Plf's Statement of Undisputed Material Facts and Statement of Additional Facts).(Delgado, William)
|
|
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #28 MOTION for Erik P. Mortensen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25103184. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California. We do not accept certificates from a state bar registrar for this state.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
|
|
Filing 28
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Erik P. Mortensen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25103184. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Penske Business Media, LLC. (Attachments: #1 Declaration of Erik P. Mortensen ISO Motion for Pro Hac Vice, #2 Order for Admission Pro Hac Vice).(Mortensen, Erik) Modified on 9/24/2021 (bcu).
|
|
Filing 27
RESPONSE in Opposition to Motion re: #14 MOTION for Partial Summary Judgment . . Document filed by Commercial Tenant Services, Inc...(Kutner, Kenneth)
|
|
Filing 26
MEMORANDUM OF LAW in Opposition re: #14 MOTION for Partial Summary Judgment . . Document filed by Commercial Tenant Services, Inc...(Kutner, Kenneth)
|
|
Filing 25
DECLARATION of Steven Serota in Opposition re: #14 MOTION for Partial Summary Judgment .. Document filed by Commercial Tenant Services, Inc...(Kutner, Kenneth)
|
|
Filing 24
DECLARATION of Kenneth L. Kutner in Opposition re: #14 MOTION for Partial Summary Judgment .. Document filed by Commercial Tenant Services, Inc.. (Attachments: #1 Exhibit Second Amendment to Lease, #2 Exhibit Todd Greene Transcript Excerpts, #3 Exhibit Agreement, #4 Exhibit Steven Serota Transcript Excerpts, #5 Exhibit Email from Coleman to Margolin and Greene, #6 Exhibit Email from Greene to Penske, #7 Exhibit Email from Penske to Breslav, #8 Exhibit Email from Todd Greene to Chris Coleman, #9 Exhibit Email from Greene to Landlord, #10 Exhibit Termination of Agreement Email, #11 Exhibit Lease Statement).(Kutner, Kenneth)
|
|
Filing 23
ORDER: A teleconference having been held today, with counsel for all parties participating, IT IS HEREBY ORDERED that: 1. The motion schedule remains as set forth in the Order dated January 13, 2021 [Doc. No. 9]; and 2. The Court will hear oral argument on the motions on November 9, 2021, at 10:00 a.m., in Courtroom 23A. (Oral Argument set for 11/9/2021 at 10:00 AM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 9/9/2021) (tg)
|
|
Minute Entry for proceedings held before Judge Sidney H. Stein: Status Conference held on 9/9/2021 by telephone. Counsel for all parties participated. (lab)
|
|
Filing 21
MEMORANDUM OF LAW in Support re: #18 MOTION for Summary Judgment . . Document filed by Commercial Tenant Services, Inc...(Kutner, Kenneth)
|
|
Filing 20
DECLARATION of Steven Serota in Support re: #18 MOTION for Summary Judgment .. Document filed by Commercial Tenant Services, Inc...(Kutner, Kenneth)
|
|
Filing 19
DECLARATION of Kenneth L. Kutner in Support re: #18 MOTION for Summary Judgment .. Document filed by Commercial Tenant Services, Inc.. (Attachments: #1 Agreement, #2 Summons and Complaint, #3 Judith Margolin Transcript Excerpts, #4 Todd Greene Transcript Excerpts, #5 email communications, #6 email communications, #7 email dated August 26, 2019, #8 series of emails, #9 email communication dated April 2, 2020, #10 email dated June 3, 2020, #11 correspondence from PBMs Landlord, #12 correspondence from PBMs Landlord, #13 CTS analysis of total savings and CTS calculation of fees).(Kutner, Kenneth)
|
|
Filing 18
MOTION for Summary Judgment . Document filed by Commercial Tenant Services, Inc.. Responses due by 9/24/2021 (Attachments: #1 Statement of Undisputed Material Facts).(Kutner, Kenneth)
|
|
Filing 17
NOTICE of Motion. Document filed by Commercial Tenant Services, Inc...(Kutner, Kenneth)
|
|
Filing 16
DECLARATION of Todd Greene in Support re: #14 MOTION for Partial Summary Judgment .. Document filed by Penske Business Media, LLC. (Attachments: #1 Exhibit 1 to Greene Declaration ISO MSJ, #2 Exhibit 2 to Greene Declaration ISO MSJ, #3 Exhibit 3 to Greene Declaration ISO MSJ).(Delgado, William)
|
|
Filing 15
DECLARATION of William A. Delgado in Support re: #14 MOTION for Partial Summary Judgment .. Document filed by Penske Business Media, LLC. (Attachments: #1 Exhibit 1 to Delgado Declaration ISO MSJ, #2 Exhibit 2 to Delgado Declaration ISO MSJ, #3 Exhibit 3 to Delgado Declaration ISO MSJ, #4 Exhibit 4 to Delgado Declaration ISO MSJ, #5 Exhibit 5 to Delgado Declaration ISO MSJ, #6 Exhibit 6 to Delgado Declaration ISO MSJ, #7 Exhibit 7 to Delgado Declaration ISO MSJ).(Delgado, William)
|
|
Filing 14
MOTION for Partial Summary Judgment . Document filed by Penske Business Media, LLC. (Attachments: #1 Separate Statement of Undisputed Material Facts ISO Motion for Partial SJ).(Delgado, William)
|
|
Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 7/29/2021. Mediation Status due by 8/30/2021. (sb)
|
|
Filing 13
ORDER granting #12 Letter Motion to Continue. Request granted.. (Signed by Judge Sidney H. Stein on 6/28/2021) (nb)
|
|
Filing 12
LETTER MOTION to Continue the Deadline to File a Joint Pretrial Order addressed to Judge Sidney H. Stein from William Delgado dated 06/25/2021. Document filed by Penske Business Media, LLC..(Delgado, William)
|
|
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 7/29/2021 at 11:00 AM through video conference. (sb)
|
|
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 7/6/2021.(ah)
|
|
Filing 11
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 6/7/2021. (Signed by Judge Sidney H. Stein on 5/28/2021) (nb)
|
|
Filing 10
ORDER: A teleconference having been held today, with counsel for all parties participating, IT IS HEREBY ORDERED that there will be a status conference on September 9, 2021, at 2:30 p.m., (Status Conference set for 9/9/2021 at 02:30 PM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 5/28/2021) (nb)
|
|
Minute Entry for proceedings held before Judge Sidney H. Stein: Status Conference held by telephone on 5/28/2021. Counsel for all parties participated. (lab)
|
|
Filing 9
ORDER: IT IS HEREBY ORDERED that: 1. The last day to amend the pleadings is April 12, 2021; 2. The last day for completion of fact discovery is May 28, 2021; 3. The last day for expert witness disclosures on any issue for which party has the burden of proof is June 18, 2021; 4. The last day for expert rebuttal disclosure is July 16, 2021; 5. Any motions shall be filed on or before September 3, 2021; 6. Responses to any motions shall be filed on or before September 24, 2021; 7. Replies to any motions are due by October 8, 2021; 8. There will be a pretrial conference on May 28, 2021, at 10:00 a.m.; and 9. Any discovery disputes shall be brought to the Court's attention, in writing, far enough in advance of May 28, 2021, in order for the dispute to be adjudicated and any necessary discovery taken before the close of discovery. So ordered. (Amended Pleadings due by 4/12/2021. Motions due by 9/3/2021. Responses due by 9/24/2021. Replies due by 10/8/2021. Fact Discovery due by 5/28/2021. Pretrial Conference set for 5/28/2021 at 10:00 AM before Judge Sidney H. Stein). (Signed by Judge Sidney H. Stein on 1/13/2021) (rjm)
|
|
Minute Entry for proceedings held before Judge Sidney H. Stein: Status Conference held on 1/13/2021. Counsel for all parties participated. (lab)
|
|
Filing 8
NOTICE OF APPEARANCE by Kenneth L Kutner on behalf of Commercial Tenant Services, Inc...(Kutner, Kenneth)
|
|
Filing 7
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Penske Business Media, LLC..(Delgado, William)
|
|
Filing 6
ORDER: This case has been assigned to this Court for all purposes. Counsel for all parties are required to register promptly as filing users in accordance with the S.D.N.Y. Electronic Case Filing Rules & Instructions. An initial pretrial conference pursuant to Fed. R. Civ. P. 16 is scheduled via teleconference for January 13, 2021, at 10:00 a.m. At that teleconference, counsel for all parties must be prepared to discuss the progress of the case and the scheduling of discovery proceedings, any dispositive motions, the feasibility of settlement or alternative dispute resolution, the dates for future conferences, and the submission of a joint pretrial order, and as further set forth in this Order. The parties shall dial 888-273-3658 and use access code 7004275 to join the teleconference. Attorneys are directed to consult the Electronic Case Filing Rules & Instructions and Judge Stein's Individual Rules with respect to procedures for matters assigned to him. So ordered. (Initial Conference set for 1/13/2021 at 10:00 AM before Judge Sidney H. Stein). (Signed by Judge Sidney H. Stein on 12/22/2020) (rjm)
|
|
Filing 5
ANSWER to Complaint with JURY DEMAND. Document filed by Penske Business Media, LLC..(Delgado, William)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Sidney H. Stein. 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..(vf)
|
|
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. (vf)
|
|
Case Designated ECF. (vf)
|
|
Filing 4
CERTIFICATE OF SERVICE of Notice of Removal, Rule 7.1 Statement, and Civil Cover Sheet served on Commercial Tenant Services, Inc. on November 19, 2020. Service was made by Mail and Email. Document filed by Penske Business Media, LLC..(Delgado, William)
|
|
Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Penske Media Corp. for Penske Business Media, LLC. Document filed by Penske Business Media, LLC..(Delgado, William)
|
|
Filing 2
CIVIL COVER SHEET filed..(Delgado, William)
|
|
Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 158920/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-22664157).Document filed by Penske Business Media, LLC. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Affirmation of Service, #3 Exhibit Declaration of Todd Greene iso Notice of Removal).(Delgado, William)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Commercial Tenant Services, Inc. v. Penske Business Media, LLC | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Penske Business Media, LLC | |
| Represented By: | William A Delgado |
| Represented By: | Erik Mortensen |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Commercial Tenant Services, Inc. | |
| Represented By: | Kenneth L Kutner |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
