FCP Entertainment Partners, LLC v. Hal Luftig Company, Inc. et al
| FCP Entertainment Partners, LLC |
| Hal Luftig Company, Inc. and Hal Luftig |
| 1:2022cv02768 |
| April 4, 2022 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Other Statutes: Arbitration |
| 9 U.S.C. § 9 Motion to Confirm Arbitration Award |
| None |
Docket Report
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This docket was last retrieved on December 7, 2022. A more recent docket listing may be available from PACER.
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Filing 21
AMENDED PETITION amending #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, #18 Amended Petition, against Hal Luftig Company, Inc., Hal Luftig.Document filed by FCP Entertainment Partners, LLC. Related document: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, #18 Amended Petition,..(Scherer, Richard)
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Filing 20
MEMO ENDORSEMENT on re: (12 in 1:22-cv-03697-LAK) Letter request that the briefing schedule in each related matter be extended, filed by Hal Luftig, (19 in 1:22-cv-02768-LAK) Letter, filed by Hal Luftig, Hal Luftig Company, Inc. ENDORSEMENT: Granted. So Ordered., ( Responses due by 6/13/2022, Replies due by 7/1/2022.) (Signed by Judge Lewis A. Kaplan on 5/19/22) (yv)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard M Scherer, Jr. to RE-FILE Document No. #18 Amended Petition. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Petition 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. (sj)
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Filing 19
LETTER addressed to Judge Lewis A. Kaplan from Thomas A. Telesca, Esq. dated May 18, 2022 re: the Court's May 11, 2022 Order requiring the Petitioner in each related matter to file an amended petition to properly allege subject matter jurisdiction and the request that the briefing schedule in each related matter be extended for one week. Document filed by Hal Luftig Company, Inc., Hal Luftig..(Telesca, Thomas)
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Filing 18
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED PETITION amending #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration against FCP Entertainment Partners, LLC.Document filed by FCP Entertainment Partners, LLC. Related document: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration..(Scherer, Richard) Modified on 5/19/2022 (sj).
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Filing 17
STIPULATED EXTENSION OF TIME FOR PETITIONER TO FILE REPLY IN FURTHER SUPPORT OF PETITION TO CONFIRM ARBITRATION: The deadline for Petitioner to file any to reply in further support of the Petition is June 6, 2022. SO ORDERED. (Replies due by 6/6/2022.) (Signed by Judge Lewis A. Kaplan on 5/11/2022) (mml)
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Filing 16
ORDER: Jurisdiction is invoked pursuant to 28 U.S.C. 1332. Each petition fails adequately to allege the existence of subject matter jurisdiction because, perhaps among other things, it fails adequately to allege: The citizenship of one or more natural persons. See, e.g., Sun Printing & Publishing Ass'n v. Edwards, 194 U.S. 377 (1904); Leveraged Leasing Administration Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44 (2d Cir. 1996). Absent the filing, in each case, on or before May 19, 2022, of an amended petition adequately alleging the existence of subject matter jurisdiction, the relevant action will be dismissed. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/11/2022) (mml)
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Filing 15
PROPOSED STIPULATION AND ORDER. Document filed by FCP Entertainment Partners, LLC..(Scherer, Richard)
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Filing 14
MEMORANDUM OF LAW in Opposition re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, #13 Declaration in Opposition,,,,, Respondents' Memorandum of Law in Opposition to Motion to Confirm Arbitration Award. Document filed by Hal Luftig Company, Inc., Hal Luftig..(Sanderleaf, Melissa)
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Filing 13
DECLARATION of Martin J. Foley in Opposition to Motion to Confirm Arbitration Award in Opposition re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Hal Luftig Company, Inc., Hal Luftig. (Attachments: #1 Exhibit 1 - Petition to Vacate Arbitration Award, #2 Exhibit 2 - Amended and Restated Agreement, #3 Exhibit 3 - Stipulated Statement of Undisputed Facts, #4 Exhibit 4 - Co-Production Agreement, #5 Exhibit 5 - Respondents and Counter-Claimants Hal Luftig Company, Inc. and Hal Luftig's Pre-Arbitration Brief, #6 Exhibit 6 - Respondents and Counter-Claimants Hal Luftig Company, Inc.'s and Hal Luftig's Post Arbitration Brief, #7 Exhibit 7 - Claimant/Counterdefendants FCP Entertainment's Amended Pre-Arbitration Statement, #8 Exhibit 8 - Excerpts of Warren Trepp Testimony, #9 Exhibit 9 - Claimant/Counterdefendants FCP Entertainment's Post-Hearing Brief, #10 Exhibit 10 - Final Award, #11 Exhibit 11 - Question for Clarification, #12 Exhibit 12 - Email to Frank Gilmore dated October 26, 2021, #13 Exhibit 13 - Email dated October 26, 2021 regarding Question for Clarification, #14 Exhibit 14 - Frank Gilmore Email dated October 29, 2021, #15 Exhibit 15 - Email dated October 29, 2021 regarding Question for Clarification, #16 Exhibit 16 - Arbitrator's email dated November 4, 2021).(Sanderleaf, Melissa)
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Filing 12
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hal Luftig Company, Inc., Hal Luftig..(Sanderleaf, Melissa)
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Filing 11
NOTICE OF APPEARANCE by Thomas Anthoney Telesca on behalf of Hal Luftig Company, Inc., Hal Luftig..(Telesca, Thomas)
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Filing 10
NOTICE OF APPEARANCE by Melissa Sanderleaf on behalf of Hal Luftig Company, Inc., Hal Luftig..(Sanderleaf, Melissa)
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Filing 9
STIPULATION AND ACKNOWLEDGMENT OF SERVICE: IT IS HEREBY STIPULATED AND AGREED by and among Petitioner FCP Entertainment Partners, LLC ("Petitioner") and Respondents Hal Luftig Company, Inc. and Hal Luftig ( collectively "Respondents"), through their undersigned counsel, that: 1. The undersigned counsel for Respondents accepts service, as of April 6, 2022, of the following documents in the above-captioned matter on behalf of Respondents, both of which waive any defense for improper service: (Petition to Confirm Arbitration Award; Notice of Petition to Confirm Arbitration Award; Memorandum of Law in Support of Petition to Confirm Arbitration Award; and Declaration of Richard M. Scherer, Jr., with exhibits, in Support of Petition to Confirm Arbitration Award); 2. The deadline for Respondents to file any to response to the Petition is May 6, 2022; 3. This Stipulation is otherwise without prejudice to the rights of any of the parties; and 4. This Stipulation may be signed in counterparts and electronic signatures shall be deemed as good as the original. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/14/2022) ( Responses due by 5/6/2022) (ks)
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Filing 8
PROPOSED STIPULATION AND ORDER. Document filed by FCP Entertainment Partners, LLC..(Scherer, Richard)
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Filing 7
ACKNOWLEDGMENT OF SERVICE of Petition to Confirm Arbitration served on Hal Luftig Company, Inc. and Hal Luftig on 4/6/2022. Service was accepted by Martin J. Foley. Document filed by FCP Entertainment Partners, LLC..(Scherer, Richard)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard M Scherer, Jr.. The following case opening statistical information was erroneously selected/entered: Dollar Demand 2,638,925,000; County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 2,639,000; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (vf)
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Magistrate Judge Barbara C. Moses 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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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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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Filing 6
MEMORANDUM OF LAW in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration . Document filed by FCP Entertainment Partners, LLC..(Scherer, Richard)
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Filing 5
DECLARATION of Richard M. Scherer, Jr. in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by FCP Entertainment Partners, LLC. (Attachments: #1 Exhibit A - Final Award, #2 Exhibit B - Agreement, #3 Exhibit C - Complaint, #4 Exhibit D - Initial Demand, #5 Exhibit E - Respondents' Answer, #6 Exhibit F - Petitioner's Answer, #7 Exhibit G - Letter appointing Arbitrator, #8 Exhibit H - Amended Demand, #9 Exhibit I - Interim Award, #10 Exhibit J - Feb 4, 2022 Order).(Scherer, Richard)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by FCP Entertainment Partners, LLC..(Scherer, Richard)
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Filing 3
NOTICE of PETITION TO CONFIRM ARBITRATION AWARD re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by FCP Entertainment Partners, LLC..(Scherer, Richard)
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Filing 2
CIVIL COVER SHEET filed..(Scherer, Richard)
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Filing 1
PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-25958160).Document filed by FCP Entertainment Partners, LLC..(Scherer, Richard)
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