Capital Merchant Services, LLC et al v. Lateral Recovery, LLC, as assignee of Benchmark Builders, Inc. et al
| Capital Merchant Services, LLC, Green Capital Funding, LLC, Midnight Advance Capital, LLC and Midnight Capital, LLC |
| Lateral Recovery, LLC, as assignee of Benchmark Builders, Inc., FTE Networks, Inc., JUS-COM, LLC, Focus Wireless, LLC and Lateral Recovery LLC |
| 1:2021cv08784 |
| October 27, 2021 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1331 ra |
| None |
Docket Report
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Filing 13
ORDER: Petitioners have filed a letter at Dkt. No. 12 informing the Court that the petition to stay and enjoin arbitration, the motion to stay arbitration, and the motion to remand back to state court have been rendered moot by virtue of a stipulation entered into between the parties in Case No.: 21-cv-9336, Dkt. No. 5. They request that the Court dismiss the instant proceeding as moot with each party to bear its own costs and fees. Accordingly, it is hereby ORDERED that this action is DISMISSED without costs and without prejudice in light of the letter at Dkt. No. 12 and the stipulation in Case No.: 21-cv-9336 at Dkt. No. 5. Any pending motions are DISMISSED as moot, and all conferences and deadlines are CANCELLED. The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/24/2021) (va)
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| Filing 12 LETTER addressed to Judge Lewis J. Liman from Christopher R. Murray, Esq. dated November 24, 2021 re: This Proceeding And The Pending Motions Have Been Rendered Moot. Document filed by Capital Merchant Services, LLC, Green Capital Funding, LLC, Midnight Capital, LLC..(Murray, Christopher) |
| Filing 11 RESPONSE in Opposition to Motion re: #4 MOTION to Remand to State Court . MOTION for Attorney Fees . . Document filed by FTE Networks, Inc., Focus Wireless, LLC, JUS-COM, LLC, Lateral Recovery LLC. (Attachments: #1 Exhibit Exhibit A - Part 1 of 8 Amended Arbitration Demand, #2 Exhibit Exhibit A - Part 2 of 8 Amended Arbitration Demand, #3 Exhibit Exhibit A - Part 3 of 8 Amended Arbitration Demand, #4 Exhibit Exhibit A - Part 4 of 8 Amended Arbitration Demand, #5 Exhibit Exhibit A - Part 5 of 8 Amended Arbitration Demand, #6 Exhibit Exhibit A - Part 6 of 8 Amended Arbitration Demand, #7 Exhibit Exhibit A - Part 7 of 8 Amended Arbitration Demand, #8 Exhibit Exhibit A - Part 8 of 8 Amended Arbitration Demand, #9 Exhibit Exhibit B - Complaint).(Heskin, Shane) |
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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| Filing 9 LETTER MOTION for Extension of Time /Motion Briefing Schedule and So-Ordered Stipulation addressed to Judge Lewis J. Liman from Christopher R. Murray, Esq. dated November 15, 2021. Document filed by Capital Merchant Services, LLC, Green Capital Funding, LLC, Midnight Capital, LLC..(Murray, Christopher) |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION to Stay and Enjoin Arbitration. . Document filed by Capital Merchant Services, LLC, Green Capital Funding, LLC, Midnight Capital, LLC..(Murray, Christopher) |
| Filing 7 MOTION to Stay and Enjoin Arbitration. Document filed by Capital Merchant Services, LLC, Green Capital Funding, LLC, Midnight Capital, LLC. (Attachments: #1 Affidavit Poswolsky Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Affidavit Murray Declaration, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15).(Murray, Christopher) |
| Filing 6 AMENDED NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 656049/2021 amending #1 Notice of Removal.Document filed by JUS-COM, LLC, Lateral Recovery LLC, Focus Wireless, LLC, FTE Networks, Inc.. Related document: #1 Notice of Removal,,. (Attachments: #1 Exhibit Exhibit A - Part 1 of 8, #2 Exhibit Exhibit A - Part 2 of 8, #3 Exhibit Exhibit A - Part 3 of 8, #4 Exhibit Exhibit A - Part 4 of 8, #5 Exhibit Exhibit A - Part 5 of 8, #6 Exhibit Exhibit A - Part 6 of 8, #7 Exhibit Exhibit A - Part 7 of 8, #8 Exhibit Exhibit A - Part 8 of 8, #9 Exhibit Exhibit B - Part 1 of 18, #10 Exhibit Exhibit B - Part 2 of 18, #11 Exhibit Exhibit B - Part 3 of 18, #12 Exhibit Exhibit B - Part 4 of 18, #13 Exhibit Exhibit B - Part 5 of 18, #14 Exhibit Exhibit B - Part 6 of 18, #15 Exhibit Exhibit B - Part 7 of 18, #16 Exhibit Exhibit B - Part 8 of 18, #17 Exhibit Exhibit B - Part 9 of 18, #18 Exhibit Exhibit B - Part 10 of 18, #19 Exhibit Exhibit B - Part 11 of 18, #20 Exhibit Exhibit B - Part 12 of 18, #21 Exhibit Exhibit B - Part 13 of 18, #22 Exhibit Exhibit B - Part 14 of 18, #23 Exhibit Exhibit B - Part 15 of 18, #24 Exhibit Exhibit B - Part 16 of 18, #25 Exhibit Exhibit B - Part 17 of 18, #26 Exhibit Exhibit B - Part 18 of 18, #27 Exhibit Exhibit C, #28 Exhibit Exhibit D).(Heskin, Shane) Modified on 11/12/2021 (vf). |
| Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION to Remand to State Court . MOTION for Attorney Fees . . Document filed by Capital Merchant Services, LLC, Green Capital Funding, LLC, Midnight Capital, LLC..(Murray, Christopher) |
| Filing 4 MOTION to Remand to State Court ., MOTION for Attorney Fees . Document filed by Capital Merchant Services, LLC, Green Capital Funding, LLC, Midnight Capital, LLC. (Attachments: #1 Affidavit Declaration in Support, #2 Exhibit 1 - Respondents' Notice of Removal, #3 Exhibit 2 - State Court OTSC with Interim Stay Application, #4 Exhibit 3 - Itemized Statement with Attorneys' Fees, #5 Exhibit 4 - SDNY Unofficial Decision without Westlaw Cite).(Murray, Christopher) |
| Filing 3 AFFIDAVIT OF SERVICE of Petition with supporting exhibits served on All Respondents on October 26, 2021. Service was accepted by Shane Heskin, attorney for Respondents. Service was made by voluntary acceptance via e-mail. Document filed by Capital Merchant Services, LLC, Green Capital Funding, LLC, Midnight Capital, LLC..(Murray, Christopher) |
| Filing 2 CIVIL COVER SHEET filed..(Heskin, Shane) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Shane R. Heskin. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding); County code New York;. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court); the County code has been modified to Albany;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Shane R. Heskin to RE-FILE Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; multiple Citizenship Plaintiff and Defendant codes were selected; the event wrong event type was used to file the civil cover sheet; the PDF must be filed separately. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Shane R. Heskin. The party information for the following party/parties has been modified: Midnight Advance Capital, LLC; Lateral Recovery, LLC, as assignee of Benchmark Builders, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was modified to add alias separately. (jgo) |
| Magistrate Judge Sarah Netburn 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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) |
| Case Designated ECF. (jgo) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 656049/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25253276).Document filed by JUS-COM, LLC, Lateral Recovery, LLC, as assignee of Benchmark Builders, Inc., Focus Wireless, LLC, FTE Networks, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A - Arbitration Demand, #3 Exhibit Exhibit B - Verified Petition, #4 Exhibit Exhibit C - State Action Docket, #5 Exhibit Exhibit D - Notice of Filing of Removal).(Heskin, Shane) |
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