Nevada Property 1 LLC v. Microsoft Corporation
| Nevada Property 1 LLC doing business as The Cosmopolitan of Las Vegas |
| Microsoft Corporation |
| 1:2022cv01779 |
| March 3, 2022 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Jed S Rakoff |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on June 16, 2022. A more recent docket listing may be available from PACER.
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Filing 48
STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE : It is hereby stipulated and agreed pursuant to Federal Rule of Civil Procedure 41, between Nevada Property 1 LLC dba The Cosmopolitan of Las Vegas ("Plaintiff") and Microsoft Corporation ("Defendant"), collectively (the "Parties"), by and through their respective counsel of record, that this action SHALL BE DISMISSED WITH PREJUDICE, with each Party to bear its own attorneys' fees and costs. IT IS SO ORDERED:, (Microsoft Corporation terminated.) (Signed by Judge Jed S. Rakoff on 6/16/22) (yv)
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| Filing 47 NOTICE OF APPEARANCE by Mitchell Joel Langberg on behalf of Nevada Property 1 LLC..(Langberg, Mitchell) |
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Filing 46
ORDER FOR ADMISSION PRO HAC VICE granting #41 Motion for Mitchell J. Langberg to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Jed S. Rakoff on 5/16/2022) (kv)
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| Filing 45 CIVIL CASE MANAGEMENT PLAN: The case is not to be tried to a jury. Amended Pleadings due by 6/6/2022. Joinder of Parties due by 6/6/2022. Motions due by 7/25/2022. Responses due by 8/15/2022 Replies due by 8/29/2022. Deposition due by 7/18/2022. Discovery due by 7/18/2022. Final Pretrial Conference set for 9/9/2022 at 04:00 PM before Judge Jed S. Rakoff. Ready for Trial by 10/5/2022. (Signed by Judge Jed S. Rakoff on 5/9/2022) (kv) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Final Pretrial Conference set for 9/9/2022 at 04:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda) |
| Filing 44 NOTICE OF APPEARANCE by Troy Domina on behalf of Nevada Property 1 LLC..(Domina, Troy) |
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Filing 43
ORDER FOR ADMISSION PRO HAC VICE granting #42 Motion for Troy P. Domina to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Jed S. Rakoff on 5/5/2022) (mml)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #41 MOTION for Mitchell J. Langberg 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. (aea) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #42 MOTION for Troy P. Domina to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26100722. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 42 MOTION for Troy P. Domina to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26100722. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nevada Property 1 LLC. (Attachments: #1 Affidavit Troy P. Domina Affidavit in Support of Motion for Admission Proc Hac Vice, #2 Supplement Troy P. Domina NV Certificate of Good Standing, #3 Text of Proposed Order Troy P. Domina Proposed Order for Admission Pro Hac Vice).(Domina, Troy) |
| Filing 41 MOTION for Mitchell J. Langberg to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nevada Property 1 LLC. (Attachments: #1 Affidavit of Mitchell J. Langberg In Support of Motion for Admission Pro Hac Vice, #2 Exhibit Nevada State Bar - Certificate of Good Standing, #3 Exhibit California Supreme Court - Certificate of Good Standing, #4 Text of Proposed Order Order for Admission Pro Hac Vice).(Langberg, Mitchell) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/4/2022 without transcription or recording. Counsel for Plaintiff and Defendant were present. Plaintiff is granted a 30 day extension of the discovery deadlines. The parties are instructed to submit a revised case management plan by no later than May 6, 2022.. (Kotowski, Linda) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #40 MOTION for Mitchell J. Langberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26093555. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (aea) |
| Filing 40 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mitchell J. Langberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26093555. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nevada Property 1 LLC. (Attachments: #1 Affidavit of Mitchell J. Langberg In Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Order for Admission Pro Hac Vice).(Langberg, Mitchell) Modified on 5/4/2022 (aea). |
| Filing 39 AMENDED ANSWER to #14 Amended Complaint. Document filed by Microsoft Corporation..(Lee, Sarah) |
| Filing 38 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nevada Property 1 LLC..(Haupt, Joseph) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/4/2022, ( Final Pretrial Conference set for 8/5/2022 at 11:00 AM before Judge Jed S. Rakoff.). (Kotowski, Linda) |
| Filing 37 CIVIL CASE MANAGEMENT PLAN: The case is not to be tried to a jury. Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by May 27, 2022. Amended Pleadings due by 5/6/2022. Joinder of Parties due by 5/6/2022. Motions due by 6/24/2022. Responses due by 7/15/2022 Replies due by 7/29/2022. Deposition due by 6/17/2022. Discovery due by 6/17/2022. Final Pretrial Conference set for 8/5/2022 at 11:00 AM before Judge Jed S. Rakoff. Ready for Trial by 9/5/2022. (Signed by Judge Jed S. Rakoff on 4/4/2022) (kv) |
| Filing 36 NOTICE OF APPEARANCE by Joseph Christopher Haupt on behalf of Nevada Property 1 LLC..(Haupt, Joseph) |
| Filing 35 NOTICE OF APPEARANCE by Sarah Boyong Lee on behalf of Microsoft Corporation..(Lee, Sarah) |
| Filing 34 NOTICE OF COURT CONFERENCE: DATE AND PLACE OF CONFERENCE: 4-4-2022, ON A TELECONFERENCE LINE AT 11:00 am. The dial-in information for the call will be as follows: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415. Initial Conference set for 4/4/2022 at 11:00 AM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 3/22/2022) (kv) |
| NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge Mary Kay Vyskocil is no longer assigned to the case. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Colleen McMahon is no longer assigned to the case. (aea) |
| Filing 33 CASE TRANSFERRED IN from the United States District Court - District of Nevada; Case Number: 2:21-cv-01088. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| 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. (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 Colleen McMahon. 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) |
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Filing 32
ORDER granting #20 Motion to Transfer Venue. IT IS ORDERED that the instant action be TRANSFERRED to the United States District Court for the Southern District of New York (New York County). Signed by Judge James C. Mahan on 3/2/2022. (Copies have been distributed pursuant to the NEF - HAM) [Transferred from Nevada on 3/3/2022.]
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Filing 31
ORDER granting #30 Stipulation to Stay Discovery. Signed by Magistrate Judge Daniel J. Albregts on 9/28/2021. (Copies have been distributed pursuant to the NEF - HAM) [Transferred from Nevada on 3/3/2022.]
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Filing 30
STIPULATION and Order to Stay Discovery Until #20 Defendant's Motion To Transfer Venue by Plaintiff Nevada Property 1 LLC. (Langberg, Mitchell) Modified on 9/28/2021 (EDS). [Transferred from Nevada on 3/3/2022.]
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| Filing 29 NOTICE of Association of Counsel by Sarah B. Lee on behalf of Defendant Microsoft Corporation. (Lee, Sarah) [Transferred from Nevada on 3/3/2022.] |
| Filing 28 REPLY to Response to #23 Motion to Stay Discovery by Defendant Microsoft Corporation. (Lee, Sarah) [Transferred from Nevada on 3/3/2022.] |
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Filing 27
ORDER granting #26 Stipulation to Extend Time Re: #20 Motion to Change Venue. Replies due by 9/14/2021. Signed by Magistrate Judge Daniel J. Albregts on 9/8/2021. (Copies have been distributed pursuant to the NEF - HAM) [Transferred from Nevada on 3/3/2022.]
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| Filing 26 STIPULATION FOR EXTENSION OF TIME (First Request) to File Reply in Support of #20 Motion to Stay Discovery Pending Court's Ruling on Motion to Transfer Venue by Defendant Microsoft Corporation. (Prupas, Janine) Modified on 9/8/2021 (EDS). [Transferred from Nevada on 3/3/2022.] |
| Filing 25 RESPONSE to #23 Motion to Stay Discovery by Plaintiff Nevada Property 1 LLC. Replies due by 9/9/2021. (Langberg, Mitchell) [Transferred from Nevada on 3/3/2022.] |
| Filing 24 REPLY to Response to #20 Motion to Change Venue by Defendant Microsoft Corporation. (Prupas, Janine) [Transferred from Nevada on 3/3/2022.] |
| Filing 23 MOTION to Stay Discovery re #20 Motion to Change Venue by Defendant Microsoft Corporation. (Prupas, Janine) [Transferred from Nevada on 3/3/2022.] |
| Filing 22 RESPONSE to #20 Motion to Change Venue by Plaintiff Nevada Property 1 LLC. Replies due by 8/23/2021. (Attachments: #1 Exhibit 1) (Langberg, Mitchell) [Transferred from Nevada on 3/3/2022.] |
| Filing 21 DECLARATION of Sarah Gist re #20 Motion to Change Venue by Defendant Microsoft Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Prupas, Janine) [Transferred from Nevada on 3/3/2022.] |
| Filing 20 MOTION to Change Venue. Defendant Microsoft's Motion to Transfer Venue Responses due by 8/16/2021. (Prupas, Janine) [Transferred from Nevada on 3/3/2022.] |
| Filing 19 ANSWER to #14 Amended Complaint filed by Microsoft Corporation. Discovery Plan/Scheduling Order due by 9/16/2021.(Prupas, Janine) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 3/3/2022.] |
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Filing 18
ORDER granting #16 Stipulation re Microsoft's withdrawal, without prejudice, of Defendant's Motion to Dismiss (ECF No. #9 ) or in the Alternative Motion to Transfer Venue (ECF No. #7 ). Signed by Judge James C. Mahan on 7/28/2021. (Copies have been distributed pursuant to the NEF - HAM) [Transferred from Nevada on 3/3/2022.]
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Filing 17
ORDER granting #15 Stipulation re Microsoft's withdrawal, without prejudice, of Defendant's Motion to Dismiss (ECF No. #9 ) or in the Alternative Motion to Transfer Venue (ECF No. #7 ). Signed by Judge James C. Mahan on 7/28/2021. (Copies have been distributed pursuant to the NEF - HAM) [Transferred from Nevada on 3/3/2022.]
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| Filing 16 STIPULATION to Withdraw, Without Prejudice re #7 Motion to Change Venue by Plaintiff Nevada Property 1 LLC. (Langberg, Mitchell) [Transferred from Nevada on 3/3/2022.] |
| Filing 15 STIPULATION to Withdraw, Without Prejudice re #9 Motion to Dismiss by Plaintiff Nevada Property 1 LLC. (Langberg, Mitchell) [Transferred from Nevada on 3/3/2022.] |
| Filing 14 First AMENDED COMPLAINT against Microsoft Corporation by Nevada Property 1 LLC. No changes to parties. (Langberg, Mitchell) [Transferred from Nevada on 3/3/2022.] |
| Filing 13 Joint STATUS REPORT by Defendant Microsoft Corporation. (Prupas, Janine) [Transferred from Nevada on 3/3/2022.] |
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Filing 12
ORDER granting #11 Stipulation to Extend Time Re: #7 Motion to Change Venue and #9 Motion to Dismiss. Responses due by 7/27/2021. Replies due by 8/10/2021. Signed by Judge James C. Mahan on 7/6/2021. (Copies have been distributed pursuant to the NEF - HAM) [Transferred from Nevada on 3/3/2022.]
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| Filing 11 STIPULATION FOR EXTENSION OF TIME (First Request) to File a Response and Reply To Defendant's #9 Motion To Dismiss Or In The Alternative #7 Motion To Transfer Venue, by Plaintiff Nevada Property 1 LLC. (Langberg, Mitchell) [Transferred from Nevada on 3/3/2022.] |
| Filing 10 DECLARATION of Sarah Gist in Support of Microsoft's Motion to Dismiss, or in the Alternative, Motion to Transfer Venue re #9 Motion to Dismiss by Defendant Microsoft Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Prupas, Janine) [Transferred from Nevada on 3/3/2022.] |
| Filing 9 MOTION to Dismiss by Defendant Microsoft Corporation. Responses due by 7/13/2021. (Prupas, Janine) [Transferred from Nevada on 3/3/2022.] |
| Filing 8 DECLARATION of Sarah Gist in Support of Defendant Microsoft's Motion to Dismiss, or in the Alternative Motion to Transfer Venue re #7 Motion to Change Venue by Defendant Microsoft Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Prupas, Janine) [Transferred from Nevada on 3/3/2022.] |
| Filing 7 MOTION to Change Venue. Responses due by 7/13/2021. (Prupas, Janine) Modified on 6/30/2021 (EDS). [Transferred from Nevada on 3/3/2022.] |
| Filing 6 STATEMENT REGARDING REMOVAL by Defendant Microsoft Corporation. (Prupas, Janine) [Transferred from Nevada on 3/3/2022.] |
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Filing 5
ORDER granting #4 Stipulation Re: #1 Complaint, Microsoft Corporation answer due 6/29/2021. Signed by Magistrate Judge Daniel J. Albregts on 6/11/2021. (Copies have been distributed pursuant to the NEF - HAM) [Transferred from Nevada on 3/3/2022.]
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Filing 4
STIPULATION and Order for Extension of Time to Answer Complaint re #1 Petition for Removal,, by Defendant Microsoft Corporation. (Prupas, Janine) [Transferred from Nevada on 3/3/2022.]
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| Filing 3 CERTIFICATE of Interested Parties by Microsoft Corporation. There are no known interested parties other than those participating in the case (Prupas, Janine) [Transferred from Nevada on 3/3/2022.] |
| Filing 2 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 6/8/2021. Statement regarding removed action is due by 6/23/2021. Joint Status Report regarding removed action is due by 7/8/2021. (Copies have been distributed pursuant to the NEF - HAM) [Transferred from Nevada on 3/3/2022.] |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-21-834894-C, (Filing fee $ 402 receipt number 0978-6515551) by Microsoft Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Civil Cover Sheet) (Prupas, Janine) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 3/3/2022.] |
| Case randomly assigned to Judge James C. Mahan and Magistrate Judge Daniel J. Albregts. (HAM) [Transferred from Nevada on 3/3/2022.] |
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