LaPrairie v. Presidio, Inc. et al
| Eric LaPrairie |
| Presidio, Inc., Presidio Holdings Inc., Presidio LLC, Presidio Networked Solutions LLC, Presidio Networked Solutions Group, LLC and Presidio Technology Capital, LLC |
| 1:2021cv08795 |
| October 28, 2021 |
| US District Court for the Southern District of New York |
| John F Keenan |
| P.I.: Other |
| 28 U.S.C. § 1441 pi |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 12, 2022. A more recent docket listing may be available from PACER.
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Filing 28
ORDER denying as moot #24 Motion to Dismiss. On December 20, 2021, Plaintiff in the above captioned case filed an Amended Complaint (ECF No. 27) pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). In light of the Plaintiff's Amended Complaint, the Defendants' joint motion to dismiss the Plaintiff's Original Complaint (ECF No. 24) is now moot. Accordingly, the Clerk of Court is respectfully directed to terminate the motion pending at docket number 24. SO ORDERED. (Signed by Judge John F. Keenan on 12/21/2021) (tg)
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| Filing 27 AMENDED COMPLAINT amending #26 Amended Complaint against Presidio Holdings Inc., Presidio LLC, Presidio Networked Solutions Group, LLC, Presidio Networked Solutions LLC, Presidio Technology Capital, LLC, Presidio, Inc. with JURY DEMAND.Document filed by Eric LaPrairie. Related document: #26 Amended Complaint..(Ferris, Jonathan) |
| Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT against All Defendants with JURY DEMAND.Document filed by Eric LaPrairie..(Ferris, Jonathan) Modified on 12/20/2021 (gp). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jonathan Ferris to RE-FILE Document No. #26 Amended Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (gp) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss . . Document filed by Presidio Holdings Inc., Presidio LLC, Presidio Networked Solutions Group, LLC, Presidio Networked Solutions LLC, Presidio Technology Capital, LLC, Presidio, Inc...(Mills, John) |
| Filing 24 MOTION to Dismiss . Document filed by Presidio Holdings Inc., Presidio LLC, Presidio Networked Solutions Group, LLC, Presidio Networked Solutions LLC, Presidio Technology Capital, LLC, Presidio, Inc.. Responses due by 1/7/2022.(Mills, John) |
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Filing 23
ORDER granting #22 Letter Motion to Adjourn Conference. The conference for November 30, 2021, is cancelled. If either party wishes oral argument of the motion contact my chambers by January 21, 2022 to set a date for the argument. SO ORDERED. (Signed by Judge John F. Keenan on 11/23/2021) (tg)
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| Set/Reset Deadlines: Motions due by 11/29/2021. Responses due by 1/7/2022 Replies due by 1/28/2022. (tg) |
| Filing 22 JOINT LETTER MOTION to Adjourn Conference from Jessica L. Lukasiewicz dated 11/22/21. Document filed by Eric LaPrairie..(Lukasiewicz, Jessica) |
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Filing 21
ORDER: The Court accepts jurisdiction in the above captioned case, which the parties have agreed to transfer from the Western District of New York to the Southern District of New York. SO ORDERED. (Signed by Judge John F. Keenan on 11/2/2021) (tg)
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Filing 20
ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/30/2021 at 11:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan. (Signed by Judge John F. Keenan on 10/28/2021) (tg)
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| Filing 19 CASE TRANSFERRED IN from the United States District Court - District of New York Western; Case Number: 6:21-cv-06306. Original file certified copy of transfer order and docket entries received. |
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Filing 18
STIPULATION AND ORDER TRANSFERRING ACTION AND WITHDRAWING MOTION TO DISMISS WITHOUT PREJUDICE. Signed by Hon. Elizabeth A. Wolford on 10/28/2021. (CAL)-CLERK TO FOLLOW UP- [Transferred from New York Western on 10/28/2021.]
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| Case Designated ECF. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge John F. Keenan. 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. (sjo) |
| 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. (sjo) |
| Filing 17 TEXT ORDER re #16 Motion to Dismiss. Responses are due on or before October 28, 2021. Replies are due on or before November 4, 2021. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/07/2021. (CAL) [Transferred from New York Western on 10/28/2021.] |
| Filing 16 MOTION to Dismiss by Presidio Holdings, Inc., Presidio LLC, Presidio Networked Solutions Group, LLC, Presidio Networked Solutions LLC, Presidio Technology Capital, LLC, Presidio, Inc. (Attachments: #1 Memorandum in Support) (Mills, John) [Transferred from New York Western on 10/28/2021.] |
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Filing 15
ORDER. Plaintiff's motion for remand (Dkt. 6) is hereby withdrawn. Signed by Hon. Elizabeth A. Wolford on 09/15/2021. (CAL) [Transferred from New York Western on 10/28/2021.]
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| Filing 14 TEXT ORDER granting #13 Motion for Extension of Time to File Answer. Defendants shall answer, move, or otherwise respond to the complaint by 21 days after the Court's issuance of a decision on Plaintiff's motion for remand. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/13/2021. (CAL) [Transferred from New York Western on 10/28/2021.] |
| Filing 13 Third MOTION for Extension of Time to File Answer by Presidio Holdings, Inc., Presidio LLC, Presidio Networked Solutions Group, LLC, Presidio Networked Solutions LLC, Presidio Technology Capital, LLC, Presidio, Inc..(Mills, John) [Transferred from New York Western on 10/28/2021.] |
| Filing 12 NOTICE of Appearance by Brian E. Middlebrook on behalf of Presidio Holdings, Inc., Presidio LLC, Presidio Networked Solutions Group, LLC, Presidio Networked Solutions LLC, Presidio Technology Capital, LLC, Presidio, Inc. (Middlebrook, Brian) [Transferred from New York Western on 10/28/2021.] |
| Filing 11 NOTICE of Appearance by John Tyler Mills on behalf of Presidio Holdings, Inc., Presidio LLC, Presidio Networked Solutions Group, LLC, Presidio Networked Solutions LLC, Presidio Technology Capital, LLC, Presidio, Inc. (Mills, John) [Transferred from New York Western on 10/28/2021.] |
| Filing 10 MEMORANDUM in Opposition re #6 MOTION to Remand to State Court filed by Presidio Holdings, Inc., Presidio LLC, Presidio Networked Solutions Group, LLC, Presidio Networked Solutions LLC, Presidio Technology Capital, LLC, Presidio, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Salvo, Joseph) [Transferred from New York Western on 10/28/2021.] |
| Filing 9 TEXT ORDER. The Court has received and reviewed the parties' joint request for an extension of the briefing deadlines set for #6 Plaintiff's Motion to Remand. This request is granted. Defendants shall file their opposition to the motion to remand on or before August 31, 2021, and Plaintiff shall file his reply on or before September 14, 2021. Defendants shall answer, move, or otherwise respond to the complaint on or before September 14, 2021. In granting this request, the Court has agreed to the parties' extended deadlines because of the potential for resolution and in the interest of efficiency, but the parties are forewarned that given this extended schedule, the Court is not likely to view favorably any additional requests for extension. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/11/2021. (CAL) [Transferred from New York Western on 10/28/2021.] |
| ***Motion terminated: #3 First Motion for Extension of Time to File Answer, motion granted on April 14, 2021. (CAL) [Transferred from New York Western on 10/28/2021.] |
| Filing 8 TEXT ORDER re #6 Motion to Remand to State Court. Responses are due on or before June 1, 2021. Replies are due on or before June 8, 2021. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/10/2021. (CAL) [Transferred from New York Western on 10/28/2021.] |
| Filing 7 MEMORANDUM in Support re #6 MOTION to Remand to State Court Memorandum of Law in Support of Plaintiff's Motion to Remand for Lack of Subject Matter Jurisdiction filed by Eric LaPrairie. (Lukasiewicz, Jessica) [Transferred from New York Western on 10/28/2021.] |
| Filing 6 MOTION to Remand to State Court by Eric LaPrairie.(Lukasiewicz, Jessica) [Transferred from New York Western on 10/28/2021.] |
| Filing 5 Corporate Disclosure Statement by Presidio Holdings, Inc., Presidio LLC, Presidio Networked Solutions Group, LLC, Presidio Networked Solutions LLC, Presidio Technology Capital, LLC, Presidio, Inc. identifying Corporate Parent Presidio LLC for Presidio Networked Solutions LLC, Presidio Technology Capital, LLC; Corporate Parent Presidio, Inc. for Presidio Holdings, Inc.; Corporate Parent Presidio Networked solutions LLC for Presidio Networked Solutions Group, LLC; Corporate Parent Presidio IS LLC for Presidio LLC; Corporate Parent Port Midco, LLC for Presidio, Inc... (Salvo, Joseph) [Transferred from New York Western on 10/28/2021.] |
| Filing 4 TEXT ORDER granting #3 Motion for Extension of Time. Defendants shall answer or otherwise respond to the complaint on or before May 17, 2021. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/14/2021. (CAL) [Transferred from New York Western on 10/28/2021.] |
| Filing 3 First MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint up to and including May 17, 2021 by Presidio Holdings, Inc., Presidio LLC, Presidio Networked Solutions Group, LLC, Presidio Networked Solutions LLC, Presidio Technology Capital, LLC, Presidio, Inc..(Salvo, Joseph) [Transferred from New York Western on 10/28/2021.] |
| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM) [Transferred from New York Western on 10/28/2021.] |
| Case assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (SG) [Transferred from New York Western on 10/28/2021.] |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG) [Transferred from New York Western on 10/28/2021.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (SG) [Transferred from New York Western on 10/28/2021.] |
| Filing 2 CONTINUATION OF EXHIBITS by Presidio Holdings, Inc., Presidio Networked Solutions Group, LLC, Presidio Networked Solutions LLC, Presidio Technology Capital, LLC, Presidio, Inc.. to #1 Notice of Removal,, Civil Cover Sheet filed by Presidio Holdings, Inc., Presidio Networked Solutions Group, LLC, Presidio Networked Solutions LLC, Presidio Technology Capital, LLC, Presidio, Inc.. (Salvo, Joseph) [Transferred from New York Western on 10/28/2021.] |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court of the State of New York, County of Monroe, case number E2020009128. (Filing fee $ 402 receipt number 0209-4211908), filed by All Defendants. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Affidavits of Service, #3 Exhibit Motion for Class Certification, #4 Exhibit Affidavits of Service, #5 Exhibit State Court Docket, #6 Declaration Declaration of Elliot Brecher, #7 Certificate of Service)(Salvo, Joseph) [Transferred from New York Western on 10/28/2021.] |
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