Series PC of HCI-Cerberus PCNY Owner et al v. Diamond Resorts International Marketing, Inc.
| SERIES PC OF HCI-CERBERUS PCNY OWNER LP, HCI-CERBERUS PCNY PC TRS LLC, HCI-CERBERUS PCNY WH TRS LLC and Series PC of HCI-Cerberus PCNY Owner |
| DIAMOND RESORTS INTERNATIONAL MARKETING, INC. |
| 1:2021cv08374 |
| October 11, 2021 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on October 29, 2021. A more recent docket listing may be available from PACER.
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Filing 7
ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION TO REMAND: granting #5 Motion to Remand. Upon consideration of Defendant Diamond Resorts International Marketing, Inc.'s ("Defendant") Unopposed Motion to Remand (D.E. 5), IT IS HEREBY ORDERED THAT: The Unopposed Motion to Remand is GRANTED; and This case is, remanded to the Supreme Court of the State of New York, County of New York. Motion (D.E. 5) should be terminated. (Signed by Judge P. Kevin Castel on 10/28/2021) (ama) Transmission to Docket Assistant Clerk for processing.
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York County. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1005 395 1 on 10/29/2021. (ama) |
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Filing 6
ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. 1. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, December 17, 2021 at 10:30 a.m. Principal trial counsel shall appear at this and all subsequent conferences, as further set forth. 6. Due to the COVID-19 pandemic, conferences with the Court in civil cases will be held by by teleconferencing until further notice. For initial pretrial conferences, plaintiff(s)' counsel shall, no later than 5 business days before the conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnysdchambers@nysd.uscourts.gov. The call-in information for all teleconferences is: Dial-in: (888) 363-4749 Access Code: 3667981. SO ORDERED. (Telephone Conference set for 12/17/2021 at 10:30 AM before Judge P. Kevin Castel. Initial Conference set for 12/17/2021 at 10:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 10/28/2021) (mml)
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| Filing 5 MOTION to Remand . Document filed by Diamond Resorts International Marketing, Inc.. (Attachments: #1 Proposed Order).(Cordova, Anastasia) |
| Filing 4 ANSWER to Complaint. Document filed by Diamond Resorts International Marketing, Inc...(Cordova, Anastasia) |
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Filing 3
ORDER: By October 19, 2021, defendant may serve a single interrogatory directed to each plaintiff seeking the information required to address the issue outlined in the preceding paragraph; each plaintiff shall serve its response to the interrogatory within seven days. By November 5, 2021, the defendant shall amend its removal petition to allege the citizenship of all members of the LP and LLC. If, by the foregoing date, the defendant is unable to amend to truthfully allege complete diversity of citizenship, then the action will be remanded to state court for lack of subject matter jurisdiction without further notice to any party. And as set forth herein. SO ORDERED., ( Amended Pleadings due by 11/5/2021.) (Signed by Judge P. Kevin Castel on 10/12/2021) (ama)
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| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Anastasia Poushkareva Cordova. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Anastasia Poushkareva Cordova. The party information for the following party/parties has been modified: SERIES PC OF HCI-CERBERUS PCNY OWNER LP; HCI-CERBERUS PCNY PC TRS LLC; HCI-CERBERUS PCNY WH TRS LLC; DIAMOND RESORTS INTERNATIONAL MARKETING, INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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..(jgo) |
| Magistrate Judge Kevin Nathaniel Fox 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. (jgo) |
| Filing 2 CIVIL COVER SHEET filed..(Cordova, Anastasia) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 655285/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25177076).Document filed by DIAMOND RESORTS INTERNATIONAL MARKETING, INC.. (Attachments: #1 Exhibit Complaint).(Cordova, Anastasia) |
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