C21FC LLC v. NYC Vision Capital Incorporated et al
| C21FC LLC and C21VX, LLC |
| NYC Vision Capital Incorporated, Wali Mondal, Syeda Mondal, Elie Islam, Shafi Karim and Unknown Parties |
| 1:2022cv05821 |
| July 8, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lewis J Liman |
| Contract: Franchise |
| 28 U.S.C. § 1331 bc Fed. Question: Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on August 24, 2022. A more recent docket listing may be available from PACER.
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Filing 39
STIPULATION AND ORDER OF DISMISSAL: IT IS STIPULATED AND AGREED, by and between the parties, that this action is hereby dismissed without prejudice and without costs or fees to any party pursuant to Rule 41(A)(2) of the Federal Rules of Civil Procedure. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/24/2022) (rro)
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CASE ACCEPTED AS RELATED. Create association to 1:22-cv-03071-LJL. Notice of Assignment to follow. (vba)
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NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case. (vba)
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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. (vba)
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Filing 38
CASE TRANSFERRED IN from the United States District Court - District of Arizona; Case Number: 2:22-cv-00736. Original file certified copy of transfer order and docket entries received.
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Filing 37
ORDER granting #10 Motion to Transfer, Stay, or Dismiss Pursuant to the First-to-File Rule. FURTHER ORDERED that the Clerk of Court shall transfer this matter to the United States District Court for the Southern District of New York and terminate this case in the District of Arizona. Signed by Judge Steven P Logan on 7/7/22. (MAP) [Transferred from Arizona on 7/8/2022.]
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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. (vba)
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Remark: Case Transferred to the Southern District of New York via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 7/8/2022.]
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CASE REFERRED TO Judge Lewis J. Liman as possibly related to 1:22-cv-03071-LJL. (vba)
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Case Designated ECF. (vba)
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba)
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Filing 36
MOTION for Leave to File Supplemental Briefing re: #10 MOTION Transfer, Stay or Dismiss Pursuant to the First-to-File Rule by Elie Islam, Shafi Karim. (Attachments: #1 Exhibit A -- Ruling on Motion to Transfer by the Southern District of New York, #2 Proposed Order)(Greenfeld, Peter) [Transferred from Arizona on 7/8/2022.]
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Filing 35
ANSWER to #11 Amended Complaint with Jury Demand , COUNTERCLAIM with Jury Demand against C21FC LLC, C21VX, LLC by Shafi Karim, Syeda Mondal, Wali Mondal, NYC Vision Capital Incorporated, Elie Islam.(Greenfeld, Peter) [Transferred from Arizona on 7/8/2022.]
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Filing 34
ORDER denying #13 Plaintiffs' Motion for Preliminary Injunction, which the Court construes within the Motion for Temporary Restraining Order. See attached PDF for complete details. Signed by Judge Steven P Logan on 6/17/22. (MJF) [Transferred from Arizona on 7/8/2022.]
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Filing 33
Defendant's Exhibit List. (MJF) [Transferred from Arizona on 7/8/2022.]
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Filing 32
Plaintiff's Exhibit List. (MJF) [Transferred from Arizona on 7/8/2022.]
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Filing 31
Defendant's Witness List.(MJF) [Transferred from Arizona on 7/8/2022.]
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Filing 30
Plaintiff's Witness List (MJF) [Transferred from Arizona on 7/8/2022.]
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Filing 29
MINUTE ENTRY for proceedings held before Judge Steven P Logan: Preliminary Injunction Hearing held on 6/15/2022. The Court takes the matter under advisement. (Court Reporter Elva Cruz-Lauer.) Hearing held 9:12 am to 5:18 pm.(MJF) [Transferred from Arizona on 7/8/2022.]
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Filing 28
REPLY to Response to Motion re: #10 MOTION Transfer, Stay or Dismiss Pursuant to the First-to-File Rule filed by NYC Vision Capital Incorporated. (Greenfeld, Peter) [Transferred from Arizona on 7/8/2022.]
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Filing 27
NOTICE re: Lodging Proposed Preliminary Injunction by C21FC LLC, C21VX, LLC re: #14 Order,,, Set/Reset Deadlines/Hearings,, . (Attachments: #1 Proposed Order)(Romney, Dustin) [Transferred from Arizona on 7/8/2022.]
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Filing 26
REPLY to Response to Motion re: #13 MOTION for Temporary Restraining Order filed by C21FC LLC, C21VX, LLC. (Romney, Dustin) [Transferred from Arizona on 7/8/2022.]
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Filing 25
NOTICE re: Plaintiffs' Proposed Filings of Facts and Conclusions of Law by C21FC LLC, C21VX, LLC . (Romney, Dustin) [Transferred from Arizona on 7/8/2022.]
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Filing 24
NOTICE re: of Filing Proposed Findings of Fact and Conclusions of Law by Elie Islam, Shafi Karim, Syeda Mondal, Wali Mondal, NYC Vision Capital Incorporated . (Greenfeld, Peter) [Transferred from Arizona on 7/8/2022.]
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Filing 23
STATEMENT of Pre-Hearing re: #20 Order,,,, Set/Reset Deadlines/Hearings,,, by Plaintiffs C21FC LLC, C21VX, LLC. (Romney, Dustin) [Transferred from Arizona on 7/8/2022.]
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Filing 22
RESPONSE BRIEF by Elie Islam, Shafi Karim, Syeda Mondal, Wali Mondal, NYC Vision Capital Incorporated to Application for Temporary Restraining Order (Doc. 13). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Affidavit Declaration of Dr. Elie Islam)(Greenfeld, Peter) [Transferred from Arizona on 7/8/2022.]
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Filing 21
NOTICE re: Service by C21FC LLC, C21VX, LLC re: #20 Order,,,, Set/Reset Deadlines/Hearings,,, . (Denton, Brad) [Transferred from Arizona on 7/8/2022.]
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Filing 20
ORDER: IT IS ORDERED resetting the June 15, 2022 Preliminary Injunction Hearing in time only from 2:30 p.m. to 9:00 a.m. Counsel and any witnesses to be called at the Hearing must be present in person; no remote appearances or testimony shall be permitted. IT IS FURTHER ORDERED that the parties shall jointly prepare and file a joint pre-hearing statement by 5:00 p.m. on June 13, 2022, setting forth the information contained in the order. IT IS FURTHER ORDERED that the parties shall coordinate marking their exhibits with Courtroom Deputy Molly Frasher (602-322-7204) at least 24 hours in advance of the hearing. General guidance for preparing exhibits and witnesses for the hearing is attached as Attachment #1. See attached PDF for complete details. Signed by Judge Steven P Logan on 6/10/22. (MJF) [Transferred from Arizona on 7/8/2022.]
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Filing 19
SERVICE EXECUTED filed by C21FC LLC, C21VX, LLC: Acceptance of Service re: Complaint, Summons, First Amended Complaint, Preliminary Order, Corporate Disclosure Statements, Application for Temporary Restraining Order, Order dated June 7, 2022, and Order dated June 8, 2022 upon NYC Vision Capital Incorporated, Wali Mondal, Syeda Mondal, Elie Islam, Shafi Karim on 06/09/2022. (Denton, Brad) *Modified to reflect proper parties served on 6/13/2022 (WLP). [Transferred from Arizona on 7/8/2022.]
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Filing 18
STATEMENT of Joint Notice re: Hearing Pursuant to Court's Order Dated June 7, 2022 re: #14 Order,,, Set/Reset Deadlines/Hearings,, by Plaintiffs C21FC LLC, C21VX, LLC. (Denton, Brad) [Transferred from Arizona on 7/8/2022.]
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Filing 17
ORDER: IT IS ORDERED vacating the Preliminary Injunction Hearing presently set for June 16, 2022, at 9:00 a.m. and resetting the Hearing for June 15, 2022 at 2:30 p.m. before the Honorable Judge Steven P. Logan, United States District Judge, in the Sandra Day OConnor United States Courthouse, located at 401 West Washington Street, Phoenix, Arizona 85003, 5th Floor, Courtroom 501. IT IS FURTHER ORDERED that Plaintiffs shall have until 5:00 p.m. on June 14, 2022 to file any Reply in support of their Motion for Preliminary Injunction. All other deadlines set in the Courts June 7, 2022 Order (Doc. 14) remain the same. Signed by Judge Steven P Logan on 6/8/22. (MJF) [Transferred from Arizona on 7/8/2022.]
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Filing 16
RESPONSE to Motion re: #10 MOTION Transfer, Stay or Dismiss Pursuant to the First-to-File Rule filed by C21FC LLC, C21VX, LLC. (Romney, Dustin) [Transferred from Arizona on 7/8/2022.]
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Filing 15
NOTICE re: Service by C21FC LLC, C21VX, LLC re: #14 Order,,, Set/Reset Deadlines/Hearings,, . (Romney, Dustin) [Transferred from Arizona on 7/8/2022.]
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Filing 14
ORDER denying Plaintiffs Motion for Temporary Restraining Order (Doc. #13 ), which the Court construes as both a Motion for Temporary Restraining Order and a Motion for Preliminary Injunction, to the extent it seeks a TRO. IT IS FURTHER ORDERED that Plaintiffs submit a proposed form of preliminary injunction no later than June 14, 2022. IT IS FURTHER ORDERED a Preliminary Injunction Hearing is set for 6/16/2022 at 09:00 AM in Courtroom 501, 401 West Washington Street, Phoenix, AZ 85003 before Judge Steven P Logan. See attached PDF for complete details. Signed by Judge Steven P Logan on 6/7/22. (MJF) [Transferred from Arizona on 7/8/2022.]
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Filing 13
MOTION for Temporary Restraining Order by C21FC LLC, C21VX, LLC. (Attachments: #1 Proposed Order)(Romney, Dustin) [Transferred from Arizona on 7/8/2022.]
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Filing 12
Corporate Disclosure Statement by C21VX, LLC. (Denton, Brad) [Transferred from Arizona on 7/8/2022.]
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Filing 11
AMENDED COMPLAINT against All Defendants filed by C21FC LLC, C21VX, LLC.(Denton, Brad) [Transferred from Arizona on 7/8/2022.]
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Filing 10
MOTION Transfer, Stay or Dismiss Pursuant to the First-to-File Rule by NYC Vision Capital Incorporated. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Affidavit, #5 Proposed Order)(Greenfeld, Peter) [Transferred from Arizona on 7/8/2022.]
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Filing 9
Corporate Disclosure Statement by NYC Vision Capital Incorporated. (Greenfeld, Peter) [Transferred from Arizona on 7/8/2022.]
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Filing 8
NOTICE of Appearance by Peter Neil Greenfeld on behalf of NYC Vision Capital Incorporated. (Greenfeld, Peter) [Transferred from Arizona on 7/8/2022.]
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Filing 7
Corporate Disclosure Statement by C21FC LLC. (Denton, Brad) [Transferred from Arizona on 7/8/2022.]
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Filing 6
PRELIMINARY ORDER: Plaintiff(s) must file proof of service of the summons and complaint or of waiver of service with the Clerk of Court no later than 7/28/2022. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court; and unless the Court orders otherwise, on 7/28/2022, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See the attached order for additional information. Signed by Judge Steven P. Logan on 5/2/2022. (RMW) [Transferred from Arizona on 7/8/2022.]
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Filing 5
NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to C21FC LLC. (ARC) [Transferred from Arizona on 7/8/2022.]
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Filing 4
Summons Issued as to Elie Islam, Shafi Karim, Syeda Mondal, Wali Mondal, NYC Vision Capital Incorporated. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(ARC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. [Transferred from Arizona on 7/8/2022.]
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Filing 3
Filing fee paid, receipt number AAZDC-20615238. This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV-22-736-PHX-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) [Transferred from Arizona on 7/8/2022.]
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Filing 2
SUMMONS Submitted by C21FC LLC. (Denton, Brad) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(ARC) [Transferred from Arizona on 7/8/2022.]
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Filing 1
COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-20615238 filed by C21FC LLC. (Denton, Brad) (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(ARC) [Transferred from Arizona on 7/8/2022.]
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