BB&HC, LLC d/b/a Tamarack Holdings et al v. Industrybuilt Software Ltd et al
| BB&HC, LLC d/b/a Tamarack Holdings, Cherry Capital Foods, LLC, Earthy Delights, Inc. and BB&HC, LLC doing business as Tamarack Holdings |
| Industrybuilt Software Ltd, Aptean Inc. and Industrybuilt Software Corp |
| 1:2021cv06463 |
| July 29, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Other |
| 28 U.S.C. § 1332 oc |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 21, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 NOTICE OF APPEARANCE by John A. Di Giacomo on behalf of BB&HC, LLC, Cherry Capital Foods, LLC, Earthy Delights, Inc...(Di Giacomo, John) |
| Filing 17 ACKNOWLEDGMENT OF SERVICE. Service was accepted by Tacita Scott, Attorney. Document filed by Industrybuilt Software Ltd..(Mikel Scott, Tacita) |
| Filing 16 ACKNOWLEDGMENT OF SERVICE. Service was accepted by Tacita Scott, Attorney. Document filed by Aptean Inc...(Mikel Scott, Tacita) |
| Filing 15 NOTICE OF APPEARANCE by Tacita A Mikel Scott on behalf of Aptean Inc., Industrybuilt Software Corp, Industrybuilt Software Ltd..(Mikel Scott, Tacita) |
Filing 14
ORDER granting #13 Motion for John Di Giacomo to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for John Di Giacomo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Pro Hac Vice Fee Payment: for #13 MOTION for John Di Giacomo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-24948500..(Poulianos, Alexi) |
| Filing 13 MOTION for John Di Giacomo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BB&HC, LLC, Cherry Capital Foods, LLC, Earthy Delights, Inc.. (Attachments: #1 Affidavit Declaration in Support, #2 Text of Proposed Order Order for Admission, #3 Exhibit A - Affidavit of John DiGiacomo, #4 Exhibit B - Cert of Good Standing, #5 Exhibit C - Certificate of Admission, #6 Affidavit Affid of Service).(Poulianos, Alexi) Modified on 8/18/2021 (wb). Modified on 8/18/2021 (wb). |
| Filing 12 FIRST AMENDED COMPLAINT amending #1 Complaint, against Aptean Inc., Industrybuilt Software Corp, Industrybuilt Software Ltd.Document filed by BB&HC, LLC, Earthy Delights, Inc., Cherry Capital Foods, LLC. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Errata C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Affidavit Affidavit of Service).(Poulianos, Alexi) |
| Filing 11 NOTICE of Support of Diversity Jurisdiction with Affidavit of Service. Document filed by BB&HC, LLC, Cherry Capital Foods, LLC, Earthy Delights, Inc...(Poulianos, Alexi) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Aptean Inc., Industrybuilt Software Ltd, Industrybuilt Software Corp added. Party added pursuant to #1 Complaint,.Document filed by BB&HC, LLC, Earthy Delights, Inc., Cherry Capital Foods, LLC. Related document: #1 Complaint,..(Poulianos, Alexi) |
| Filing 10 AFFIDAVIT OF SERVICE of Order with Supporting Documents served on Industrybuilt Software and Aptean Inc. on 08/10/2021. Service was made by Box. Document filed by BB&HC, LLC, Cherry Capital Foods, LLC, Earthy Delights, Inc.. (Attachments: #1 Affidavit Order, #2 Affidavit Judge's Rules).(Poulianos, Alexi) |
| Filing 9 NOTICE OF APPEARANCE by Alexi Theodore Poulianos on behalf of BB&HC, LLC, Cherry Capital Foods, LLC, Earthy Delights, Inc...(Poulianos, Alexi) |
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Filing 8
ORDER: Accordingly, it is hereby ORDERED that, on or before August 18, 2021, Plaintiffs shall address in writing, filed on ECF, the nature of Defendant Industry built Software Ltd.s structure for purposes of determining its citizenship. If its structure is equivalent to that of a United States limited liability company or partnership, then Plaintiffs shall also address the citizenship of each of its members (or the appropriate analogue). Defendants may file a response no later than August 25, 2021, or within one week of entering a notice of appearance, whichever is later. Plaintiffs shall promptly serve Defendants with a copy of this Order and file proof of such service on the docket no later than August 10, 2021. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/4/2021) (jca)
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/19/2021 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/4/2021) (jca)
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| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint,. Aptean Inc. served on 8/4/2021, answer due 8/25/2021; Industrybuilt Software Ltd served on 8/4/2021, answer due 8/25/2021. Service was accepted by Tacita Mikel Scott. Document filed by BB&HC, LLC ; Earthy Delights, Inc.; Cherry Capital Foods, LLC..(Poulianos, Alexi) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Aptean Inc., Industrybuilt Software Ltd. (sj) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to IndustrySoftware Ltd and Aptean, Inc., re: #1 Complaint,. Document filed by BB&HC, LLC, Cherry Capital Foods, LLC, Earthy Delights, Inc...(Poulianos, Alexi) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alexi Theodore Poulianos to RE-FILE Document No. #3 Notice (Other). The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; the date field on the official A.O. Summons form was completed by the attorney. 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. (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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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) |
| Case Designated ECF. (vf) |
| Filing 3 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Summons re: #1 Complaint,. Document filed by BB&HC, LLC d/b/a Tamarack Holdings, Cherry Capital Foods, LLC, Earthy Delights, Inc.(Poulianos, Alexi) Modified on 7/30/2021 (vf). |
| Filing 2 CIVIL COVER SHEET filed..(Poulianos, Alexi) |
| Filing 1 COMPLAINT against Aptean Inc., Industrybuilt Software Ltd. (Filing Fee $ 402.00, Receipt Number ANYSDC-24864199)Document filed by BB&HC, LLC d/b/a Tamarack Holdings, Earthy Delights, Inc., Cherry Capital Foods, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Poulianos, Alexi) |
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