JTRE Manhattan Avenue LLC et al v. Capital One, N.A.
| JTRE Manhattan Avenue LLC and JTRE 807 Manhattan Avenue LLC |
| Capital One, N.A. |
| 1:2021cv05714 |
| July 1, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on November 25, 2024. A more recent docket listing may be available from PACER.
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Filing 25
DECLARATION of Brooks H. Spears in Support re: #23 MOTION to Dismiss Complaint.. Document filed by Capital One, N.A.. (Attachments: #1 Exhibit 1 - Lease).(Kellar, James)
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Filing 24
MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss Complaint. . Document filed by Capital One, N.A...(Kellar, James)
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Filing 23
MOTION to Dismiss Complaint. Document filed by Capital One, N.A...(Kellar, James)
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Filing 22
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United State Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Any motion to amend or to join additional parties shall be filed within 30 days from the date of this order.This case is not to be tried to a jury. Fact Discovery due by 11/16/2021. Expert Discovery, including depositions, due by 12/31/2021. Pretrial Conference set for 11/19/2021 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 8/20/2021) (tg)
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Filing 21
MEMO ENDORSEMENT on re: #20 Letter, filed by Capital One, N.A.. ENDORSEMENT: The August 27, 2021 IPTC is CANCELED per the parties' preference, articulated above. The Court has entered a Case Management Plan by separate order; the deadlines contained therein are firm deadlines, and the parties must make every effort to meet them. SO ORDERED (Signed by Judge Valerie E. Caproni on 8/20/2021) (tg)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney James Alexander Kellar to RE-FILE Document #19 MOTION to Dismiss Complaint. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Filing 20
JOINT LETTER addressed to Judge Valerie E. Caproni from John D. Wilburn dated August 19, 2021 re: Joint Letter and Case Management Plan/Scheduling Order. Document filed by Capital One, N.A.. (Attachments: #1 Exhibit 1 (Civil Case Management Plan and Scheduling Order)).(Wilburn, John)
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Filing 19
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Complaint. Document filed by Capital One, N.A.. (Attachments: #1 Exhibit Memorandum In Support, #2 Affidavit B. Spears (Part 1), #3 Affidavit B. Spears (Part 2)).(Kellar, James) Modified on 8/20/2021 (ldi).
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Filing 18
ORDER FOR ADMISSION PRO HAC VICE: granting #17 Motion for John D. Wilburn to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 8/09/2021) (ama)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for John D. Wilburn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24897628. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 17
MOTION for John D. Wilburn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24897628. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Capital One, N.A.. (Attachments: #1 Declaration of John D. Wilburn, #2 Exhibit A to Declaration of John D. Wilburn, #3 Text of Proposed Order).(Wilburn, John)
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Filing 16
ORDER FOR ADMISSION PRO HAC VICE: granting #15 Motion for Bryan A. Fratkin to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 7/20/2021) (ama)
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Filing 15
MOTION for Bryan A. Fratkin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24812289. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Capital One, N.A.. (Attachments: #1 Affidavit In Support of Motion for Pro Hac Vice, #2 Exhibit A to Affidavit (Certificate of Good Standing), #3 Text of Proposed Order).(Fratkin, Bryan)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Bryan A. Fratkin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24812289. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 14
ORDER FOR ADMISSION PRO HAC VICE: granting #13 Motion for Brooks H. Spears to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 7/16/2021) (ama)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Brooks H. Spears to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24799753. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 13
MOTION for Brooks H. Spears to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24799753. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Capital One, N.A.. (Attachments: #1 Affidavit, #2 Exhibit A to Affidavit, #3 Text of Proposed Order).(Spears, Brooks)
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Filing 12
AMENDED COMPLAINT against Capital One, N.A..Document filed by JTRE Manhattan Avenue LLC, JTRE 807 Manhattan Avenue LLC..(Rosen, Lawrence)
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Filing 11
NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on August 27, 2021 at 11:00 a.m. by teleconference. At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 5714. Counsel should submit their proposed case management plan and joint letter as outlined below. In their joint letter, the parties should indicate whether they believe a Rule 16 conference is unnecessary and ask that their proposed Case Management Plan simply be so ordered; or whether they believe a conference would be helpful and have no objection to proceeding by teleconference; or whether they believe a conference would be helpful and request it be adjourned until such time as it can be safely held in person. If the parties prefer an in-person conference, they should propose three mutually-agreed upon Fridays for the conference, although the Court does not guarantee it will honor the parties' preferred date. And as set forth herein. SO ORDERED. Initial Conference set for 8/27/2021 at 11:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 7/09/2021) (ama)
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Filing 10
ORDER granting #4 Letter Motion for Extension of Time. Plaintiffs must file a First Amended Complaint ("FAC") not later than July 13, 2021. Defendant must respond to the FAC not later than August 12, 2021. If Defendant moves to dismiss the FAC, Plaintiffs must either respond in opposition to the motion or file a Second Amended Complaint ("SAC"), but not both, not later than September 2, 2021. If Plaintiffs choose to oppose Defendant's motion to dismiss, Defendant may reply in further support of its motion not later than September 16, 2021. If Plaintiffs choose to file a SAC, Defendant must respond to the SAC not later than September 23, 2021. SO ORDERED. Amended Pleadings due by 7/13/2021. Motions due by 8/12/2021. (Signed by Judge Valerie E. Caproni on 7/9/2021) (va)
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Set/Reset Deadlines: Responses due by 9/2/2021. Replies due by 9/16/2021. (va)
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Filing 9
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by JTRE 807 Manhattan Avenue LLC..(Rosen, Lawrence)
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Filing 8
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by JTRE Manhattan Avenue LLC..(Rosen, Lawrence)
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Filing 7
NOTICE OF APPEARANCE by Stanislav Sharovskiy on behalf of JTRE 807 Manhattan Avenue LLC, JTRE Manhattan Avenue LLC..(Sharovskiy, Stanislav)
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Filing 6
NOTICE OF APPEARANCE by Amy Diana Carlin on behalf of JTRE 807 Manhattan Avenue LLC, JTRE Manhattan Avenue LLC..(Carlin, Amy)
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Filing 5
NOTICE OF APPEARANCE by Lawrence S. Rosen on behalf of JTRE 807 Manhattan Avenue LLC, JTRE Manhattan Avenue LLC..(Rosen, Lawrence)
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Filing 4
CONSENT LETTER MOTION for Extension of Time to respond to Complaint and to file Amended Complaint addressed to Judge Valerie E. Caproni from James A. Kellar dated July 7, 2021. Document filed by Capital One, N.A...(Kellar, James)
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Case Designated ECF. (vf)
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Magistrate Judge James L. Cott 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)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James Alexander Kellar. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1332bc Diversity-Breach of Contract; Origin code 1 (Original Proceeding); Dollar Demand $18000000000; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1441 Petition for Removal- Breach of Contract; the Origin code has been modified to 2 (Removal from State Court); the Dollar Demand has been modified to Blank; the County code has been modified to XX Out of State. (vf)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Capital One Financial Corporation for Capital One, N.A.. Document filed by Capital One, N.A...(Kellar, James)
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Filing 2
CIVIL COVER SHEET filed..(Kellar, James)
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Filing 1
NOTICE OF REMOVAL from Supreme Court of New York, County of New York. Case Number: 653583/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24744822).Document filed by Capital One, N.A.. (Attachments: #1 Exhibit 1 (Verified Complaint), #2 Exhibit 2 (Summons), #3 Exhibit 3 (Written Notification)).(Kellar, James)
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