Schottenstein et al v. Citibank, N.A.
| Thompson Real Estate, LLC and Dr. Douglas Schottenstein |
| Citibank, N.A. |
| 1:2021cv01806 |
| February 28, 2021 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 20
NOTICE OF DISCONTINUANCE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties to the above-titled action, that Plaintiff hereby discontinues the instant action without prejudice, and without costs to either party as against the other. (As further set forth in this Order.) In light of the parties' stipulation of dismissal pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the Clerk of the Court is respectfully directed to close this case. (Signed by Judge John P. Cronan on 6/22/2021) (cf)
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| Filing 19 NOTICE of Discontinuance. Document filed by Douglas Schottenstein, Thompson Real Estate, LLC..(Schlanger, Daniel) |
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Filing 18
STIPULATION AND AGREEMENT TO SUBMIT DISPUTE TO ARBITRATION: WHEREFORE, the parties stipulate as follows: The parties agree to submit their dispute to a binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, subject to the modifications set forth in Exhibit A, but without any waiver or modification of the parties' claims and defenses. For the avoidance of doubt, no party shall be deemed to have waived any claim or defense, or conceded any fact, position, contention, or argument related directly or indirectly to the merits of the dispute between the parties.Plaintiffs shall commence an arbitration proceeding against Defendant on or before June 11, 2021. Within seven calendar days of Plaintiffs' commencement of arbitration consistent with this stipulation, Plaintiff shall dismiss the above-captioned action without prejudice. Neither this dismissal nor any other provisions contained herein shall constitute a waiver of any party's right or ability to seek an order confirming any arbitration award in an appropriate court. All deadlines in this case are adjourned sine die. The parties shall file a joint letter by June 21, 2021 updating the Court on the status of this case. If this case has been settled or otherwise terminated, counsel are not required to submit such letter, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the joint letter submission deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions 13.17-13.20 available at https://nysd.uscourts.gov/rules/ecf-related-instructions. SO ORDERED. (Signed by Judge John P. Cronan on 5/27/2021) (ama)
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| Filing 17 CONSENT to Arbitration. Document filed by Douglas Schottenstein, Thompson Real Estate, LLC. (Attachments: #1 Exhibit A)(Schlanger, Daniel) |
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Filing 16
MEMO ENDORSEMENT on re: #14 STATUS REPORT. Joint Status Update Regarding Finalization Of Stipulation To Arbitrate Document filed by Douglas Schottenstein, Thompson Real Estate, LLC. ENDORSEMENT: The parties shall update the Court on the stipulation to arbitration by May 31, 2021. The May 25, 2021 deadline in the Court's May 22, 2021 Order, Dkt. 15, which was not processed until after the parties submitted their latest update, is adjourned sine die. SO ORDERED. (Signed by Judge John P. Cronan on 5/24/2021) (rjm)
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Filing 15
MEMO ENDORSEMENT on re: #13 STATUS REPORT. Joint Status Report; Notice of Agreement-In-Principle Regarding Arbitration Of Dispute Document filed by Douglas Schottenstein, Thompson Real Estate, LLC. ENDORSEMENT: The parties shall file a letter updating the Court on the status of this matter by May 25, 2021. SO ORDERED. (Signed by Judge John P. Cronan on 5/22/2021) (rjm)
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| Filing 14 STATUS REPORT. Joint Status Update Regarding Finalization Of Stipulation To Arbitrate Document filed by Douglas Schottenstein, Thompson Real Estate, LLC..(Schlanger, Daniel) |
| Filing 13 STATUS REPORT. Joint Status Report; Notice of Agreement-In-Principle Regarding Arbitration Of Dispute Document filed by Douglas Schottenstein, Thompson Real Estate, LLC..(Schlanger, Daniel) |
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time. Plaintiffs' request is granted. Plaintiffs shall have until May 14, 2021 to respond to Defendant's pre-motion letter. SO ORDERED. (Signed by Judge John P. Cronan on 5/5/21) (yv)
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| Filing 11 CONSENT LETTER MOTION for Extension of Time to Respond to Defendant's Pre-Motion Letter addressed to Judge John P. Cronan from Daniel A. Schlanger dated May 5, 2021. Document filed by Douglas Schottenstein, Thompson Real Estate, LLC..(Schlanger, Daniel) |
| Filing 10 LETTER addressed to Judge John P. Cronan from Matthew L. Lippert dated May 4, 2021 re: Pre-motion letter. Document filed by Citibank, N.A...(Lippert, Matthew) |
| Filing 9 NOTICE OF APPEARANCE by Matthew Lawrence Lippert on behalf of Citibank, N.A...(Lippert, Matthew) |
| Filing 8 NOTICE OF APPEARANCE by Joseph L. Buckley on behalf of Citibank, N.A...(Buckley, Joseph) |
| Filing 7 AFFIDAVIT OF SERVICE. Citibank, N.A. served on 4/13/2021, answer due 5/4/2021. Service was accepted by William Stager. Document filed by Douglas Schottenstein; Thompson Real Estate, LLC..(Schlanger, Daniel) |
| Filing 6 FIRST AMENDED COMPLAINT amending #1 Complaint against Citibank, N.A. with JURY DEMAND.Document filed by Douglas Schottenstein, Thompson Real Estate, LLC. Related document: #1 Complaint..(Schlanger, Daniel) |
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Filing 5
ORDER: It is hereby ORDERED that by March 26, 2021 Plaintiffs shall amend their Complaint to allege (1) the citizenship of Plaintiff Thompson Real Estate, LLC and all of its members and (2) the citizenship of Defendant Citibank, as based on both its place of incorporation and principle place of business. If Plaintiffs fail to amend the Complaint by that date, or otherwise properly establish this Court's jurisdiction pursuant to 28 U.S.C. 1332(a)(2), the Court will dismiss this action for lack of subject matter jurisdiction without further notice. SO ORDERED. (Amended Pleadings due by 3/26/2021.) (Signed by Judge John P. Cronan on 3/22/2021) (rjm)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Citibank, N.A...(gp) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Citibank, N.A., re: #1 Complaint. Document filed by Douglas Schottenstein, Thompson Real Estate, LLC..(Schlanger, Daniel) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL CORRECTION: Notice to attorney Daniel Schlanger. The following case opening statistical information was: Jurisdiction code 4 (Diversity). The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 3 (Federal Question). (gp) |
| Magistrate Judge Gabriel W. Gorenstein 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 2 CIVIL COVER SHEET filed..(gp) |
| Filing 1 COMPLAINT against Citibank, N.A.. (Filing Fee $ $402.00, Receipt Number 465401274813)Document filed by Douglas Schottenstein, Thompson Real Estate, LLC..(gp) |
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