Medequa LLC v. O'Neill & Partners LLC
| Medequa LLC |
| O'Neill & Partners LLC |
| 1:2021cv06135 |
| July 16, 2021 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 6, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 37
LETTER addressed to Judge Alvin K. Hellerstein from Joseph E. Czerniawski dated August 27, 2021 re: Proposed Schedule and Civil Management Plan. Document filed by Medequa LLC. (Attachments: #1 Exhibit Proposed Civil Management Plan, #2 Exhibit Counsels' Correspondence).(Huynh, Claire)
|
|
Filing 36
MEMO ENDORSEMENT on re: #34 Letter Courts Memo Endorsement Order dated August 17, 2021 filed by O'Neill & Partners LLC. ENDORSEMENT: Pursuant to my order of August 17, 2021, O'Neill &Partners shall interpleader the entire amount it holds in escrow-$5,100,000.00-forthwith. Thereafter, it may move, by proper motion, to seek payment of its fees and expenses, for it claims a "first lien" on said escrow. As Paragraph 5(c) provides, O'Neill "is hereby granted, a prior lien upon any property, cash or assets of the Escrow Account, with respect to its unpaid fees, non-reimbursed expenses and unsatisfied indemnification rights, superior to the interests of any other persons or entities." The motion shall be supported by affidavit and contemporary records. No recovery may be had for resistance to claims by the depositor, or others, for once it appeared that instructions would not be mutual, it should have interpleaded said funds by deposit with the Clerk. So Ordered. (Signed by Judge Alvin K. Hellerstein on 8/25/21) (yv) Transmission to Finance Unit (Cashiers) for processing.
|
|
Filing 35
LETTER addressed to Judge Alvin K. Hellerstein from Joseph E. Czerniawski dated August 24, 2021 re: O'Neill & Partners' Letter dated August 23, 2021. Document filed by Medequa LLC..(Huynh, Claire)
|
|
Filing 34
LETTER addressed to Judge Alvin K. Hellerstein from Andrew D. Beresin, Esq. dated August 23, 2021 re: MEMO ENDORSEMENT. Document filed by O'Neill & Partners LLC..(Beresin, Andrew)
|
|
Filing 33
MEMO ENDORSEMENT on re: #31 Letter Order dated 08/13/2021 filed by Medequa LLC. ENDORSEMENT: The Court's order dated August 13, 2021, is so amended. Fed. R. Civ. P. 60. O'Neill & Partners is ordered to deposit the full amount of the Escrow Funds, namely $5,100,000.00, with the Clerk of Court by August 24, 2021. No amount of fees or costs is awarded at this time. O'Neill & Partners' claim for fees and costs, as any other claims to the Escrow Funds, must be determined in the course of this interpleader action, with the appropriate documentary proof presented and examined. The parties shall jointly submit a proposed schedule to the Court by August 27, 2021, charting further progress of this interpleader action. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/17/21) (yv) Transmission to Finance Unit (Cashiers) for processing.
|
|
Filing 32
LETTER addressed to Judge Alvin K. Hellerstein from Andrew D. Beresin, Esq. dated August 17, 2021 re: Plaintiff's Letter (Dkt. # 31). Document filed by O'Neill & Partners LLC..(Beresin, Andrew)
|
|
Filing 31
LETTER addressed to Judge Alvin K. Hellerstein from Joseph E. Czerniawski dated 08/17/2021 re: Order dated 08/13/2021. Document filed by Medequa LLC..(Huynh, Claire)
|
|
Filing 30
ORDER GRANTING MOTION TO DEPOSIT SUM OF MONEY WITH THE COURT granting #26 Motion for Interpleader Deposit (28 U.S.C. Section 1335). IT IS ORDERED, that the Clerk of the Court accepts and deposits the sum of $5,071,541.00 into the Disputed Ownership Fund ("DOF") in the Court Registry Investment System ("C.R.I.S.") pending further order of this Court. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/13/21) (yv) Transmission to Finance Unit (Cashiers) for processing.
|
|
Filing 29
NOTICE of Notice of Motion to Interplead Funds by Deposit to Court re: #26 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) . Document filed by O'Neill & Partners LLC..(Beresin, Andrew)
|
|
Filing 28
PROPOSED ORDER FOR DEPOSIT OF FUNDS INTO COURT REGISTRY. Document filed by O'Neill & Partners LLC. Related Document Number: #26 ..(Beresin, Andrew) Proposed Order to be reviewed by Clerk's Office staff.
|
|
Filing 27
DECLARATION of Brian O'Neill in Support re: #26 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) . Document filed by O'Neill & Partners LLC..(Beresin, Andrew)
|
|
Filing 26
MOTION for Interpleader Deposit (28 U.S.C. Section 1335) Document filed by O'Neill & Partners LLC..(Beresin, Andrew)
|
|
***NOTICE TO COURT REGARDING PROPOSED ORDER AUTHORIZING INTERPLEADER DEPOSIT (28 U.S.C. Section 1335). Document No. #28 Proposed Order for Deposit of Funds Into Court Registry was reviewed and approved as to form. (cde)
|
|
Filing 25
ORDER DENYING PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: For the foregoing reasons, Medequa's motion for a temporary restraining order and preliminary injunction is denied. The Clerk of Court shall terminate the open motion (ECF No. 8). By noon, August 11, 2021, O'Neill & Partners shall interplead the Escrow Funds to the Court and name all relevant parties by interpleader. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/6/2021) (rj)
|
|
Filing 24
SCHEDULING ORDER: The parties are hereby ordered to appear for a Temporary Restraining Order conference on August 5, 2021 at 2:30 p.m., which will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. To ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in (other than counsel) to mute their telephones. Additionally, all participants are directed to call in 5 minutes prior to the start of the conference. Finally, no later than August 5, 2021 at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Telephone Conference set for 8/5/2021 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 8/4/21) (yv)
|
|
Filing 23
LETTER addressed to Judge Alvin K. Hellerstein from Andrew D. Beresin, Esq. dated August 4, 2021 re: Plaintiff's Request to Reschedule Hearing. Document filed by O'Neill & Partners LLC..(Beresin, Andrew)
|
|
Filing 22
LETTER addressed to Judge Alvin K. Hellerstein from Joseph E. Czerniawski dated August 4, 2021 re: Plaintiff's Order to Show Cause (DE 10). Document filed by Medequa LLC. (Attachments: #1 Exhibit Amended Complaint).(Huynh, Claire)
|
|
Filing 21
ELECTRONIC AMENDED SUMMONS ISSUED as to O'Neill & Partners LLC. (sj)
|
|
Filing 20
CIVIL COVER SHEET filed..(Huynh, Claire)
|
|
Filing 19
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Medequa LLC..(Huynh, Claire)
|
|
Filing 18
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to O'NEILL & PARTNERS LLC, re: #17 Amended Complaint,,. Document filed by Medequa LLC..(Huynh, Claire)
|
|
Filing 17
FIRST AMENDED COMPLAINT amending #1 Complaint,, against O'Neill & Partners LLC with JURY DEMAND.Document filed by Medequa LLC. Related document: #1 Complaint,,. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Exhibit Ex. 11, #12 Exhibit Ex. 12, #13 Exhibit Ex. 13, #14 Exhibit Ex. 14, #15 Exhibit Ex. 15, #16 Exhibit Ex. 16, #17 Exhibit Ex. 17, #18 Exhibit Ex. 18, #19 Exhibit Ex. 19, #20 Exhibit Ex. 20, #21 Exhibit Ex. 21, #22 Exhibit Ex. 22).(Huynh, Claire)
|
|
Filing 16
ORDER: Medequa LLC brought this action against O'Neill & Partners LLC. The alleged basis for federal jurisdiction is diversity of citizenship, pursuant to 28 U.S.C. 1332. According to the complaint, Plaintiff is a limited liability company organized under the laws of Pennsylvania, with its principal place of business in Pennsylvania, and Defendant is a limited liability company organized under the laws of Maryland, with its principal place of business in Maryland. See Compl. at Paragraphs 5, 6. Limited liability companies are deemed to be citizens of all the states in which their constituents are citizens. See Handelsman v. Bedford Vill. As socs. Ltd. P 'ship, 213 F.3d 48, 51 (2d Cir. 2000) ( citing Carden v. Arkoma Assocs., 494 U.S. 185 (1990)); see also Americold Realty Trust v. Conagra Foods, Inc., 136 S. Ct. 1012, 1014 (2016) ("While humans and corporations can assert their own citizenship, other entities take the citizenship of their members."). Plaintiff has failed to identify the members of either Plaintiff Medequa or Defendant O'Neill and allege their citizenship. The action is therefore dismissed, with leave to re-plead an adequate basis of diverse citizenship by August 24, 2021. The hearing scheduled for August 4, 2021, is canceled. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/3/2021) (vfr)
|
|
Filing 15
DECLARATION of Appen P. Menon in Support re: #8 FIRST MOTION for Order to Show Cause .EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Medequa LLC. (Attachments: #1 Exhibit Ex. 1).(Huynh, Claire)
|
|
Filing 14
REPLY MEMORANDUM OF LAW in Support re: #8 FIRST MOTION for Order to Show Cause .EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Medequa LLC..(Huynh, Claire)
|
|
Filing 13
MEMORANDUM OF LAW in Opposition re: #8 FIRST MOTION for Order to Show Cause .EMERGENCY MOTION for Temporary Restraining Order . . Document filed by O'Neill & Partners LLC..(Beresin, Andrew)
|
|
Filing 12
AFFIRMATION of Brian O'Neill in Opposition re: #8 FIRST MOTION for Order to Show Cause .EMERGENCY MOTION for Temporary Restraining Order .. Document filed by O'Neill & Partners LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C).(Beresin, Andrew)
|
|
Filing 11
AFFIRMATION of Andrew D. Beresin in Opposition re: #8 FIRST MOTION for Order to Show Cause .EMERGENCY MOTION for Temporary Restraining Order .. Document filed by O'Neill & Partners LLC..(Beresin, Andrew)
|
|
Filing 10
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER. It is:ORDERED, that Defendant O'Neill & Partners LLC or its attorneys show cause before this Court at Courtroom 14D, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on August 4, 2021, at 3:30 p.m., why an Order should not be issued, pursuant to Rule 65 of the Federal Rules of Civil Procedure, granting Plaintiff the following relief: (a) A preliminary injunction enjoining and restraining Defendant, O'Neill & Partners LLC, its associates, employees, agents, and all other persons acting on its behalf, from conveying, disbursing, withdrawing, or otherwise transferring any portion of the escrowed funds initially deposited in the amount of $5,100,000 from any account which they are currently held, pending the resolution of this action; (b) Requiring Defendant, O'Neill & Partners LLC, to account for the escrow funds in the amount of $5,100,000 held for the purchase and sale of personal protective equipment, from August 12, 2020 until present, by producing complete bank and other documentation of these funds since they were first deposited with O'Neill & Partners, as escrow agent; and (c) Such further relief as the Court deems just and proper; and it is further ORDERED that any opposing papers, if any, shall be served by August 2, 2021, at 4:00 p.m., and reply papers, if any, shall be served by August 3 2021, at 12:00 p.m.; and it is further ORDERED that, service of this Order shall be effected by Plaintiff on Defendant by July 30, 2021, at 4:00 p.m. SO ORDERED. ( Show Cause Hearing set for 8/4/2021 at 03:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.), Motions terminated: #8 FIRST MOTION for Order to Show Cause .EMERGENCY MOTION for Temporary Restraining Order . filed by Medequa LLC. (Signed by Judge Alvin K. Hellerstein on 7/30/21) (yv)
|
|
Filing 9
NOTICE OF APPEARANCE by Claire Nicole Huynh on behalf of Medequa LLC..(Huynh, Claire)
|
|
Filing 8
FIRST MOTION for Order to Show Cause ., EMERGENCY MOTION for Temporary Restraining Order . Document filed by Medequa LLC. (Attachments: #1 Affidavit K. Otrok Declaration, #2 Exhibit Ex. 1, #3 Exhibit Ex. 2, #4 Exhibit Ex. 3, #5 Exhibit Ex. 4, #6 Exhibit Ex. 5, #7 Exhibit Ex. 6, #8 Exhibit Ex. 7, #9 Exhibit Ex. 8, #10 Exhibit Ex. 9, #11 Exhibit Ex. 10, #12 Exhibit Ex. 11, #13 Exhibit Ex. 12, #14 Exhibit Ex. 13, #15 Exhibit Ex. 14, #16 Exhibit Ex. 15, #17 Exhibit Ex. 16, #18 Exhibit Ex. 17, #19 Exhibit Ex. 18, #20 Exhibit Ex. 19, #21 Exhibit Ex. 20, #22 Exhibit E. 21, #23 Exhibit Ex. 22, #24 Affidavit J. Czerniawski Declaration, #25 Exhibit Ex. 1, #26 Supplement Memorandum of Law).(Czerniawski, Joseph) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
|
|
Filing 7
NOTICE OF APPEARANCE by Andrew David Beresin on behalf of O'Neill & Partners LLC..(Beresin, Andrew)
|
|
Filing 6
NOTICE OF APPEARANCE by Joseph E Czerniawski on behalf of Medequa LLC..(Czerniawski, Joseph)
|
|
Filing 5
ELECTRONIC SUMMONS ISSUED as to O'Neill & Partners LLC. (vf)
|
|
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph E Czerniawski. The party information for the following party/parties has been modified: MEDEQUA LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf)
|
|
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joseph E Czerniawski. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 2 (Citizen of Another State); Dollar Demand 5,100,000,000; County code New York;. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Dollar Demand has been modified to 5,100,000; the County code has been modified to XX Out of State. (vf)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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 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. (vf)
|
|
Case Designated ECF. (vf)
|
|
Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to O'Neill & Partners LLC, re: #1 Complaint,. Document filed by Medequa LLC..(Czerniawski, Joseph)
|
|
Filing 3
CIVIL COVER SHEET filed..(Czerniawski, Joseph)
|
|
Filing 2
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MEDEQUA LLC..(Czerniawski, Joseph)
|
|
Filing 1
COMPLAINT against O'Neill & Partners LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24807179)Document filed by Medequa LLC . (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Exhibit Ex. 11, #12 Exhibit Ex. 12, #13 Exhibit Ex. 13, #14 Exhibit Ex. 14, #15 Exhibit Ex. 15, #16 Exhibit Ex. 16, #17 Exhibit Ex. 17, #18 Exhibit Ex. 18, #19 Exhibit Ex. 19, #20 Exhibit Ex. 20, #21 Exhibit Ex. 21, #22 Exhibit Ex. 22).(Czerniawski, Joseph)
|
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: Medequa LLC v. O'Neill & Partners LLC | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Medequa LLC | |
| Represented By: | Joseph E Czerniawski |
| Represented By: | Claire Nicole Huynh |
| 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 ] |
| Defendant: O'Neill & Partners LLC | |
| Represented By: | Andrew David Beresin |
| 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.
