Preserver, LP v. Creative Wealth Media Finance Corp. et al
| Preserver, LP |
| Creative Wealth Media Finance Corp. and Jason Cloth |
| 1:2021cv02456 |
| March 19, 2021 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 1, 2021. A more recent docket listing may be available from PACER.
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time to Answer re #18 JOINT LETTER MOTION for Extension of Time to File Answer re: #14 Affidavit of Service Complaints, addressed to Judge J. Paul Oetken from Shivani Poddar dated April 12, 2021.. All Defendants GRANTED. DEFENDANTS SHALL RESPOND TO THE COMPLAINT ON OR BEFORE MAY 21, 2021. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (nd)
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| Filing 18 JOINT LETTER MOTION for Extension of Time to File Answer re: #14 Affidavit of Service Complaints, addressed to Judge J. Paul Oetken from Shivani Poddar dated April 12, 2021. Document filed by Jason Cloth, Creative Wealth Media Finance Corp...(Poddar, Shivani) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Creative Wealth Media Finance Corp...(Poddar, Shivani) |
| Filing 16 NOTICE OF APPEARANCE by Joshua Stricoff on behalf of Jason Cloth, Creative Wealth Media Finance Corp...(Stricoff, Joshua) |
| Filing 15 NOTICE OF APPEARANCE by Shivani Poddar on behalf of Jason Cloth, Creative Wealth Media Finance Corp...(Poddar, Shivani) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Jason Cloth served on 4/8/2021, answer due 4/29/2021; Creative Wealth Media Finance Corp. served on 4/8/2021, answer due 4/29/2021. Service was accepted by Shivani Poddar, Counsel for Creative Wealth Media Finance Corp and Jason Cloth (via email). Document filed by Preserver, LP..(Jonelis, David) |
| Filing 13 AMENDED COMPLAINT amending #1 Complaint against Jason Cloth, Creative Wealth Media Finance Corp. with JURY DEMAND.Document filed by Preserver, LP. Related document: #1 Complaint. (Attachments: #1 ORDER Granting Lv to File Amended Complt).(Jonelis, David) |
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Filing 12
ORDER granting #8 Letter Motion for Leave to File Document GRANTED. PLAINTIFF MAY FILE AND SERVE ITS AMENDED COMPLAINT. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (nd)
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Filing 11
ORDER granting #9 Motion to Appear Pro Hac Vice; granting #10 Motion to Appear Pro Hac Vice., GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
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| Filing 10 MOTION for David Binder Jonelis to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Preserver, LP. (Attachments: #1 Declaration of David Jonelis ISO Mtn PHV, #2 [P] Order).(Jonelis, David) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for David Binder Jonelis to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff., #9 MOTION for David Binder Jonelis to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 9 MOTION for David Binder Jonelis to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Preserver, LP. (Attachments: #1 Declaration of David B. Jonelis ISO Mtn to Appear PHV, #2 [P] Order).(Jonelis, David) |
| Filing 8 LETTER MOTION for Leave to File amended complaint pursuant to the Court's order [ECF No. 6], dated March 24, 2021, addressed to Judge J. Paul Oetken from Andrew Brettler dated April 1, 2021. Document filed by Preserver, LP. (Attachments: #1 Exhibit A (Proposed Amended Complaint)).(Brettler, Andrew) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #7 MOTION for David Binder Jonelis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24302590. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of California;. 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.. (wb) |
| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David Binder Jonelis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24302590. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Preserver, LP. (Attachments: #1 Affidavit Declaration of David B. Jonelis ISO Mtn to Appear PHV, #2 Text of Proposed Order [P] Order).(Jonelis, David) Modified on 3/25/2021 (wb). |
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Filing 6
ORDER: The complaint's allegations are insufficient to demonstrate the Courts subject matter jurisdiction. The place of registration and principal place of business of a limited partnership (LP) are irrelevant to the question of diversity of citizenship under 1332. Rather, for purposes of diversity jurisdiction, an LP has the citizenship of each of its partners. MIG, Inc. v. Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P., 701 F. Supp. 2d 518, 524 n.6 (S.D.N.Y. 2010), aff'd, 410 F. App'x 408 (2d Cir. 2011) (citing Herrick Co. v. SCS Commcns, Inc., 251 F.3d 315, 322 (2d Cir. 2001)). Thus, in order to invoke this Court's diversity jurisdiction, Plaintiff must allege that the citizenship of each partner of Preserver, LP was diverse from the citizenship of each of the Defendants. Therefore, Plaintiff shall, on or before April 5, 2021, 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. (Signed by Judge J. Paul Oetken on 3/24/2021) (js)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Jason Cloth, Creative Wealth Media Finance Corp...(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 Barbara C. Moses 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 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Preserver, LP..(Brettler, Andrew) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Creative Wealth Media Finance Corp.; and Jason Cloth, re: #1 Complaint. Document filed by Preserver, LP..(Brettler, Andrew) |
| Filing 2 CIVIL COVER SHEET filed..(Brettler, Andrew) |
| Filing 1 COMPLAINT against Jason Cloth, Creative Wealth Media Finance Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24282113)Document filed by Preserver, LP. (Attachments: #1 Exhibit A (Term Sheet)).(Brettler, Andrew) |
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