Aminoff & Co. LLC d/b/a Watch My Diamonds v. FedEx Corporation et al
| Aminoff & Co. LLC d/b/a Watch My Diamonds and Aminoff & Co. LLC doing business as Watch My Diamonds |
| Federal Express Corporation, Parcel Pro, Inc. and FedEx Corporation |
| 1:2021cv10377 |
| December 6, 2021 |
| US District Court for the Southern District of New York |
| Katharine H Parker |
| Analisa Torres |
| Contract: Other |
| 28 U.S.C. § 1332 ds |
| None |
Docket Report
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This docket was last retrieved on June 7, 2022. A more recent docket listing may be available from PACER.
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Filing 22
ORDER FOR ADMISSION PRO HAC VICE OF ERIC LARSON ZALUD granting #21 Motion for Eric Larson Zalud to Appear Pro Hac Vice. (Signed by Magistrate Judge Katharine H. Parker on 2/3/2022) (vfr)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Eric Larson Zalud to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25673076. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 21
MOTION for Eric Larson Zalud to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25673076. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Parcel Pro, Inc.. (Attachments: #1 Exhibit A - Certificates of Good Standing, #2 Exhibit B - Declaration of Eric Larson Zalud, #3 Exhibit C - List of Federal and State Court Admissions, #4 Exhibit D - Text of Proposed Order).(Zalud, Eric)
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Filing 20
ORDER SCHEDULING ORAL ARGUMENT: This case has been referred to me for general pretrial supervision purposes (ECF. No.19) and specific Non-Dispositive Motion/Dispute. Motion to compel arbitration, (ECF No. 16). An Oral Argument in this matter is hereby scheduled for Thursday, March 31, 2022 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. The Defendants are directed to serve this Order, and a copy of the the Notice of Removal on the Plaintiff. SO ORDERED. ( Oral Argument set for 3/31/2022 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/25/2022) (vfr)
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Filing 19
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Specific Non-Dispositive Motion/Dispute. Motion to compel arbitration, ECF No. 16. Referred to Magistrate Judge Katharine H. Parker. Motions referred to Katharine H. Parker. (Signed by Judge Analisa Torres on 1/25/2022) (ate)
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Filing 18
AFFIDAVIT of Craig Crichton in Support re: #16 MOTION to Compel Arbitration . MOTION to Stay Proceedings.. Document filed by Parcel Pro, Inc.. (Attachments: #1 Exhibit 1 - Terms and Conditions).(Stein, Deana)
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Filing 17
MEMORANDUM OF LAW in Support re: #16 MOTION to Compel Arbitration . MOTION to Stay Proceedings. . Document filed by Parcel Pro, Inc...(Stein, Deana)
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Filing 16
MOTION to Compel Arbitration ., MOTION to Stay Proceedings. Document filed by Parcel Pro, Inc...(Stein, Deana)
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Filing 15
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by March 21, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 1/20/2022) (kv)
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Filing 14
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 1/20/2022) (kv)
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Filing 13
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 1/20/2022) (kv)
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Filing 12
NOTICE of Substitution of Attorney. Old Attorney: Spar & Bernstein, P.C., New Attorney: Levy & Borukh, PLLC, Address: Levy & Borukh, PLLC, 85-93 66th Avenue, 2nd Floor, Rego Park, New York, USA 11374, 718-433-9462. Document filed by Aminoff & Co. LLC..(Borukh, Moshe)
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Filing 11
MOTION for Thomas W. Murrey, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25593342. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by FedEx Corporation. (Attachments: #1 Affidavit Affidavit In Support of Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Murrey, Thomas)
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Filing 10
LETTER addressed to Judge Analisa Torres from Brian S. Coleman, Deana S. Stein and Moshe Borukh dated January 10, 2022 re: Response to Order (ECF No. 9). Document filed by FedEx Corporation. (Attachments: #1 Exhibit Plaintiff's Responses to Interrogatories).(Coleman, Brian)
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Filing 9
ORDER granting #5 Letter Motion for Extension of Time to Answer re #5 CONSENT LETTER MOTION for Extension of Time to File Answer ,move, or otherwise respond to the Complaint addressed to Judge Analisa Torres from Deana S. Stein dated December 7, 2021. Accordingly, by January 14, 2022, the parties shall conduct limited jurisdictional discovery to establish the members of Aminoff & Co., LLC., and their respective places of citizenship. By the same date, the parties shall file a joint letter clearly identifying all members of the LLC, including corporate entities, and apprising the Court as to the basis for diversity jurisdiction over this matter. If the parties fail to do so, or if the Court cannot determine from the letter if the parties are in complete diversity, the Court shall remand this action to state court. In light of the necessity of establishing this Court's jurisdiction over this action, Defendant ParcelPro's request for an extension of the deadline to answer, or otherwise respond to the complaint, ECF No. 5, is GRANTED. By January 21, 2022, assuming the Court does not remand this case for lack of jurisdiction, Defendant ParcelPro shall answer, or othe1wise respond to the complaint. The Clerk of Court is directed to terminate the motion pending at ECF No. 5. SO ORDERED. Parcel Pro, Inc. answer due 1/21/2022 (Signed by Judge Analisa Torres on 12/16/2021) (jca)
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Filing 8
LETTER addressed to Judge Analisa Torres from Brian K. Coleman dated 12/15/2021 re: Doc. 7 Order to Show Cause. Document filed by FedEx Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Coleman, Brian)
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Filing 7
ORDER TO SHOW CAUSE: Plaintiff brings this action against Defendants Parcel Pro, Inc., and Federal Express Corporation ("Fedex"). Compl., ECF No. 1-1. Defendants sought removal of this case from state court invoking subject matter jurisdiction by reason of diversity of citizenship, 28 U.S.C. 1332. ECF No. 1 at 3. Specifically, Defendants allege complete diversity between the parties because Fedex is a citizen of Delaware and Tennessee, ParcelPro is a citizen of California, and Plaintiff is a citizen of New York. Id. However, if Amino ff & Co, LLC, is, indeed, a limited liability company, as its name would imply, then Defendants must additionally allege the citizenship of natural persons who are members of the limited liability company and the place of incorporation and principal place of business of any corporate entities who are members of the limited liability company. Pursuant to 28 U.S.C. 1441(a), "[a]n action which was originally filed in state court may be removed by a defendant to federal court only if the case could have been originally filed in federal court." Hernandez v. Conriv Realty Assocs., 116 F.3d 35, 38 (2d Cir. 1997). If a district court determines that it does not have jurisdiction, it must remand the action to state court. 28 U.S.C. 1447(c). Because the "party seeking removal bears the burden of showing that federal jurisdiction is proper," Montefiore Med. Ctr. v. Teamsters Local 272, 642 F.3d 321, 327 (2d Cir. 2011) (citation omitted), by December 15, 2021, Defendants shall submit a letter to the Court explaining the basis for the Court's jurisdiction and fully alleging Plaintiffs citizenship. If Defendants fail to do so, or if the Court cannot determine from the letter if the parties are in complete diversity, the Court shall remand this action to state court. SO ORDERED. (Signed by Judge Analisa Torres on 12/8/2021) (va)
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Filing 6
AMENDED NOTICE OF REMOVAL against Aminoff & Co. LLC ; amending #1 Notice of Removal,,.Document filed by FedEx Corporation. Related document: #1 Notice of Removal,,. (Attachments: #1 Exhibit A - Summons & Complaint, #2 Exhibit B -Affidavit of Service SOS - FedEx, #3 Exhibit C - Proof of NY SOS Mailing, #4 Exhibit D - Parcel Pro Motion to Extend Time, #5 Exhibit E - Affidavit of Service SOS - Parcel Pro, #6 Exhibit F - Parcel Pro Consent to Removal, #7 Exhibit G - Notice of Removal State Court).(Coleman, Brian)
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Filing 5
CONSENT LETTER MOTION for Extension of Time to File Answer ,move, or otherwise respond to the Complaint addressed to Judge Analisa Torres from Deana S. Stein dated December 7, 2021. Document filed by Parcel Pro, Inc...(Stein, Deana)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brian K Coleman. The party information for the following party/parties has been modified: Federal Express Corporation. The information for the party/parties has been modified for the following reason/reasons: party name entered incorrectly. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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)
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Case Designated ECF. (vf)
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Magistrate Judge Katharine H. Parker 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)
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Filing 4
ANSWER to Complaint. Document filed by Federal Express Corporation..(Coleman, Brian)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent FedEx Corporation for Federal Express Corporation. Document filed by Federal Express Corporation..(Coleman, Brian)
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Filing 2
CIVIL COVER SHEET filed..(Coleman, Brian)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 157595/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25426402).Document filed by FedEx Corporation. (Attachments: #1 Exhibit Summons & Complaint, #2 Exhibit Affidavit of Service FedEx, #3 Exhibit Proof of NY SOS Mailing, #4 Exhibit Parcel Pro Motion to Extend Time, #5 Exhibit Affidavit of Service Parcel Pro, #6 Exhibit Parcel Pro Consent to Removal, #7 Exhibit Notice of Removal State Court).(Coleman, Brian)
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