Bodhi Building v. Elmsford Chicken, LLC et al
Plaintiff: Bodhi Building doing business as YogaSpa
Defendant: Urstadt Biddle Properties, Inc., Elmsford Chicken, LLC doing business as Popeye's Louisiana Kitchen and Elmsford Property, LLC
Case Number: 1:2021cv00919
Filed: February 2, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Mary Kay Vyskocil
Nature of Suit: Torts to Land
Cause of Action: 28 U.S.C. ยง 1332 tl
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 10, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 10, 2021 Filing 8 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Elmsford Chicken, LLC, Elmsford Property, LLC, Urstadt Biddle Properties, Inc.. Document filed by Bodhi Building. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Rivera, Peter)
February 9, 2021 Opinion or Order Filing 7 ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE AND WITH LEAVE TO AMEND: On February 3, 2021, Plaintiff commenced this action by filing a Complaint. (Compl. [ECF No. 1].) The Court sua sponte DISMISSES the Complaint without prejudice for failure to plead subject matter jurisdiction and GRANTS leave to amend; as further set forth herein. Plaintiff shall file an Amended Complaint on or before March 11, 2021. Failure to file an Amended Complaint by that date will result in dismissal of all claims in this case without prejudice and without leave to amend. ( Amended Pleadings due by 3/11/2021.) (Signed by Judge Mary Kay Vyskocil on 2/9/2021) (mro)
February 8, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Peter Manuel Rivera to RE-FILE Document No. #4 Request for Issuance of Summons, #6 Request for Issuance of Summons, #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the request for issuance of summons; the filer name contains a typographical error. 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)
February 5, 2021 Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Urstadt Biddle Properties, Inc., re: #1 Complaint,. Document filed by Bodhi Building..(Rivera, Peter) Modified on 2/8/2021 (dnh).
February 5, 2021 Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Elmsford Property, LLC, re: #1 Complaint,. Document filed by Bodhi Building..(Rivera, Peter) Modified on 2/8/2021 (dnh).
February 5, 2021 Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Elmsford Chicken LLC d/b/a Popeyes Lousiana Kitchen, re: #1 Complaint,. Document filed by Bodhi Building..(Rivera, Peter) Modified on 2/8/2021 (dnh).
February 5, 2021 Filing 3 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bodhi Building..(Rivera, Peter)
February 5, 2021 Filing 2 CIVIL COVER SHEET filed..(Rivera, Peter)
February 4, 2021 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Peter Manuel Rivera. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)
February 4, 2021 Magistrate Judge Robert W. Lehrburger 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)
February 4, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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)
February 4, 2021 Case Designated ECF. (jgo)
February 3, 2021 Filing 1 COMPLAINT against Elmsford Chicken, LLC, Elmsford Property, LLC, Urstadt Biddle Properties, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-23802394)Document filed by Bodhi Building. (Attachments: #1 Exhibit Exhibit A - Lease and Amendment, #2 Exhibit Exhibit B - Damage Assessment Report, #3 Exhibit Exhibit C - Correspondence).(Rivera, Peter)
February 3, 2021 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Peter Manuel Rivera. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)
February 3, 2021 ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Peter Manuel Rivera 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 2/8/2021. (jgo)

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Plaintiff: Bodhi Building doing business as YogaSpa
Represented By: Peter Manuel Rivera
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Defendant: Urstadt Biddle Properties, Inc.
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Defendant: Elmsford Chicken, LLC doing business as Popeye's Louisiana Kitchen
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Defendant: Elmsford Property, LLC
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