London Luxury LLC v. HSBC Bank USA, N.A.,
| London Luxury LLC |
| HSBC BANK USA, N.A., and HSBC Bank USA, N.A. |
| 1:2022cv04235 |
| May 23, 2022 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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| Filing 29 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 5/25/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js) |
| Filing 28 TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 5/25/2022 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/13/2022. Redacted Transcript Deadline set for 7/25/2022. Release of Transcript Restriction set for 9/20/2022. (js) |
| Filing 27 STIPULATION TO EXTEND TIME TO RESPOND TO PLAINTIFF'S AMENDED COMPLAINT: Plaintiff London Luxury LLC and Defendant HSBC Bank USA, N.A., hereby stipulate and agree pursuant to Federal Rule of Civil Procedure 6(b) that Defendant's response to Plaintiffs Amended Complaint shall be due fourteen days after disposition, dismissal, or other termination of the pending interlocutory appeal in Second Circuit Case No. 22-1159. In support, the parties state: Good cause exists for this agreed extension. To the extent this Court retains jurisdiction pending the interlocutory appeal, this extension will prevent duplication of effort and promote judicial economy by avoiding parallel litigation in two fora. It is further stipulated and agreed that this extension does not constitute a waiver of any claim, right, or defense of either party. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 26., Motions terminated: #26 MOTION for Extension of Time stipulation extending HSBC Bank USA, N.A.'s time to respond to Plaintiff's Amended Complaint. filed by HSBC Bank USA, N.A.. (Signed by Judge Katherine Polk Failla on 6/13/2022) (rro) |
| Filing 26 MOTION for Extension of Time stipulation extending HSBC Bank USA, N.A.'s time to respond to Plaintiff's Amended Complaint. Document filed by HSBC Bank USA, N.A...(Glasgow, Joshua) |
| Filing 25 STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by HSBC Bank USA, N.A...(Glasgow, Joshua) |
| Filing 24 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/26/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) |
| Filing 23 TRANSCRIPT of Proceedings re: conference held on 5/26/2022 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/24/2022. Redacted Transcript Deadline set for 7/5/2022. Release of Transcript Restriction set for 9/1/2022..(Moya, Goretti) |
Filing 22
ORDER of USCA (Certified Copy) as to #18 Notice of Interlocutory Appeal filed by London Luxury LLC. USCA Case Number 22-1159. Appellant moves for a stay pending appeal of the district court's decision dated May 26, 2022 that denied Appellant's application for a temporary restraining order. Appellee opposes the motion for a stay. To the extent Appellant seeks an emergency or immediate stay, that request is DENIED. The motion for a stay pending appeal is REFERRED to a three-judge motions panel. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 05/27/2022..(nd)
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Filing 21
ORDER: denying #19 Letter Motion to Stay re: #19 LETTER MOTION to Stay. addressed to Judge Katherine Polk Failla from ELLIOT D. OSTROVE dated MAY 27, 2022. For the reasons outlined in the Court's oral decision of May 26, 2022,as supplemented by Defendant's above submission, Plaintiff's application for an extension of the stay of this Court's May 26, 2022 Order is hereby DENIED. Given the Court's ruling, any further relief sought by Plaintiff related to the instant emergency application must be directed to the Second Circuit Court of Appeals. The Clerk of Court is directed to terminate the pending motion at docket entry 19. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/27/2022) (ama)
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| Filing 20 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Joshua Glasgow dated May 27, 2022 re: #19 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from ELLIOT D. OSTROVE dated MAY 27, 2022. . Document filed by HSBC Bank USA, N.A...(Glasgow, Joshua) |
| Filing 19 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from ELLIOT D. OSTROVE dated MAY 27, 2022. Document filed by London Luxury LLC..(Ostrove, Elliot) |
| Filing 18 NOTICE OF INTERLOCUTORY APPEAL from #15 Order. Document filed by London Luxury LLC. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Ostrove, Elliot) |
| Filing 17 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF INTERLOCUTORY APPEAL. Document filed by London Luxury LLC. Filing fee $ 505.00, receipt number ANYSDC-26205578. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Ostrove, Elliot) Modified on 5/27/2022 (tp). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Elliot Ostrove to RE-FILE Document No. #17 Notice of Interlocutory Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Notice of Interlocutory Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed - do not make another payment. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #18 Notice of Interlocutory Appeal filed by London Luxury LLC were transmitted to the U.S. Court of Appeals. (tp) |
| Appeal Fee Paid electronically via Pay.gov: for #18 Notice of Interlocutory Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-26205578, paid on 5/27/2022. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #18 Notice of Interlocutory Appeal. (tp) |
| Filing 16 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from #15 Order. Form 7 and Form 22 are due within 14 days. Document filed by London Luxury LLC. Filing fee $ 505.00, receipt number ANYSDC-26205106..(Ostrove, Elliot) Modified on 5/27/2022 (tp). |
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Filing 15
ORDER: For the reasons stated on the record on May 26, 2022, Plaintiff's application for a temporary restraining order is DENIED. (Signed by Judge Katherine Polk Failla on 5/26/2022) (rro)
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Filing 14
ORDER: The parties are hereby ORDERED to appear for a telephonic conference on May 26, 2022, at 3:15 p.m., during which the Court will render an oral decision on Plaintiff's motion for a temporary restraining order. At the appointed time, the parties shall call (888) 363-4749 and enter access code 5123533. Please note, the conference line will not be available prior to 3:15 p.m. ( Telephone Conference set for 5/26/2022 at 03:15 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 5/26/2022) (rro)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 5/26/2022. Attorneys Elliot David Ostrove and Kenneth Hayes representing Plaintiff present. Attorney Joshua S. Glasgow representing Defendant present. For the reasons stated on the record on May 26, 2022, Plaintiff's application for a temporary restraining order is DENIED. The Court's ruling is STAYED for 24 hours for appeal purposes. Plaintiff shall order a copy of today's transcript. (See transcript.) (Court Reporter Rose Prater) (tn) |
| Filing 13 LETTER addressed to Judge Katherine Polk Failla from Elliot Ostrove dated May 25, 2022 re: Supplement record. Document filed by London Luxury LLC. (Attachments: #1 Supplement Declaration of Marc Jason).(Ostrove, Elliot) |
| Filing 12 MEMORANDUM OF LAW in Opposition re: #8 Proposed Order to Show Cause With Emergency Relief, . Document filed by HSBC Bank USA, N.A...(Glasgow, Joshua) |
| Filing 11 DECLARATION of Jake Mouncey in Opposition re: #8 Proposed Order to Show Cause With Emergency Relief,. Document filed by HSBC Bank USA, N.A.. (Attachments: #1 Exhibit A - Counter Standby Letter of Credit, #2 Exhibit B - Local Standby Letter of Credit).(Glasgow, Joshua) |
| Filing 10 DECLARATION of Joshua Glasgow in Opposition re: #8 Proposed Order to Show Cause With Emergency Relief,. Document filed by HSBC Bank USA, N.A.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - State Court Order to Show Cause granting an ex parte restraining order, #3 Exhibit C - Notice of Removal, #4 Exhibit D - Excerpts of the Uniform Customs & Practice for Documentary Credits, #5 Exhibit E - First Amended Verified Complaint).(Glasgow, Joshua) |
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Filing 9
ORDER: The Court is in receipt of Plaintiff's application for emergency injunctive relief. (Dkt. #8). The parties are hereby ORDERED to appear for a telephonic conference to discuss Plaintiffs emergency request on May 25, 2022, at 2:30 p.m. At the appointed time, the parties shall call (888) 363-4749 and enter access code 5123533. Please note, the conference line will not be available prior to 2:30 p.m. Telephone Conference set for 5/25/2022 at 02:30 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 5/25/2022) (rro)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #8 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Order to Show Cause Hearing held on 5/25/2022. Attorneys Elliot David Ostrove and Kenneth Hayes representing Plaintiff present. Attorney Joshua S. Glasgow representing Defendant present. The Court is adopting and keeping in place the TRO put in place by the State Court until further order from this Court, and defers ruling on Plaintiff's application, pending the supplemental filing from Plaintiff. (Court Reporter recorded) (tn) |
| Filing 8 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by London Luxury LLC. (Attachments: #1 Supplement Brief in Support of OTC With Temporary Restraints) Related Document Number: [22-cv-4235]..(Ostrove, Elliot) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 7 AMENDED COMPLAINT against HSBC Bank USA, N.A..Document filed by London Luxury LLC..(Ostrove, Elliot) |
| Filing 6 CERTIFICATE OF SERVICE of Notice of Removal, with exhibits, and Notice to State Court of Removal to United States District Court served on London Luxury LLC on May 24, 2022. Service was made by Mail. Document filed by HSBC Bank USA, N.A...(Glasgow, Joshua) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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..(pc) |
| 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 5 NOTICE OF APPEARANCE by Joshua S. Glasgow on behalf of HSBC BANK USA, N.A.,..(Glasgow, Joshua) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent HSBC USA Inc., Corporate Parent HSBC Holdings plc, Corporate Parent HSBC North America Holdings Inc. for HSBC BANK USA, N.A.,. Document filed by HSBC BANK USA, N.A.,..(Zarlock, Preston) |
| Filing 3 NOTICE OF APPEARANCE by Preston Lee Zarlock on behalf of HSBC BANK USA, N.A.,..(Zarlock, Preston) |
| Filing 2 CIVIL COVER SHEET filed..(Zarlock, Preston) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 656412/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26187019).Document filed by HSBC BANK USA, N.A.,. (Attachments: #1 Exhibit State Court Docket Report, #2 Exhibit Documents filed in State Court, #3 Exhibit Operating Agreement).(Zarlock, Preston) |
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