Capital2Market Consulting, LLC v. Camston Wrather, LLC
Plaintiff: Capital2Market Consulting, LLC
Defendant: Camston Wrather, LLC
Case Number: 1:2022cv07787
Filed: September 12, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Victor Marrero
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 24, 2022 Opinion or Order Filing 18 ORDER On October 19, an Order was docketed in this action, 22-Civ. 7787, that was intended for 20-Civ. 7787. (See Dkt. No. 16.) Accordingly, the Clerk of Court is hereby respectfully directed to strike the erroneously filed item from the docket. SO ORDERED. (Signed by Judge Victor Marrero on 10/22/2022) (jca)
October 20, 2022 Filing 17 LETTER addressed to Judge Victor Marrero from Andrew Miltenberg dated October 20, 2022 re: Plaintiff's October 13, 2022 letter to you. Document filed by Camston Wrather, LLC..(Miltenberg, Andrew)
October 19, 2022 Opinion or Order Filing 16 ***STRICKEN DOCUMENT. Deleted document number #16 from the case record. The document was stricken from this case pursuant to #18 Order. ORDER: The plaintiff is directed to provide the Court with courtesy copies of all papers filed in connection with the fully briefed motion for reconsideration (ECF No. 102). SO ORDERED. (Signed by Judge John G. Koeltl on 10/19/2022) (ks) Modified on 10/24/2022 (jca).
October 13, 2022 Filing 15 LETTER addressed to Judge Victor Marrero from Richard J.J. Scarola dated October 13, 2022 re: Facts Establishing Absence of Subject Matter Jurisdiction and Requesting Retention of Jurisdiction after Remand for Limited Purpose of Considering Sanctions. Document filed by Capital2Market Consulting, LLC..(Scarola, Richard)
October 7, 2022 Filing 14 LETTER addressed to Judge Victor Marrero from Defendant Camston Wrather, LLC dated October 7, 2022 re: Letter in response to Plaintiff's letter requesting a pre-motion conference. Document filed by Camston Wrather, LLC..(Miltenberg, Andrew)
October 6, 2022 Opinion or Order Filing 13 ORDER On September 27, 2022, the Court directed the Defendant to respond to Plaintiff's premotion letter. (See Dkt. Nos. 9, 11.) On October 5, 2022, Plaintiff informed the Court that it had received no response from the Defendant. Defendant is hereby directed to show cause within three (3)days of this Order why the case should not be remanded to the Supreme Court of the State of New York, New York County,with failure to comply to result in remand without further notice. SO ORDERED. (Signed by Judge Victor Marrero on 10/6/2022) (jca)
October 5, 2022 Filing 12 LETTER addressed to Judge Victor Marrero from Richard J.J. Scarola dated October 5, 2022 re: Defendant's Failure to Respond to Order dated September 27, 2022, or Letter from Plaintiff's Counsel dated September 26, 2022, as to Whether There Is Subject Matter Jurisdiction Allowing Removal. Document filed by Capital2Market Consulting, LLC..(Scarola, Richard)
September 27, 2022 Opinion or Order Filing 11 ORDER Defendant is hereby directed to respond to plaintiff's premotion letter. (See Dkt. No. 9.) (Signed by Judge Victor Marrero on 9/27/2022) (jca)
September 26, 2022 Filing 10 NOTICE OF APPEARANCE by Richard J.J. Scarola on behalf of Capital2Market Consulting, LLC..(Scarola, Richard)
September 26, 2022 Filing 9 LETTER addressed to Judge Victor Marrero from Richard J.J. Scarola dated September 26, 2022 re: Request for Conference to Address Whether the Court Has Subject Matter Jurisiction upon Removal by Defendant Alleging Diversity of Citizenship. Document filed by Capital2Market Consulting, LLC..(Scarola, Richard)
September 26, 2022 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Andrew Todd Miltenberg to RE-FILE Document #6 MOTION to Dismiss Pursuant to Forum Non Conveniens Doctrine and Federal Rules of Civil Procedure 12(b)(2).. ERROR(S): The parties are directed to comply with the premotion provision, II.B., of the Court's Individual Practices. (lb)
September 23, 2022 Opinion or Order Filing 8 ORDER The Clerk of the Court is hereby directed to reject the filing of Defendant's fully briefed motion. (See Dkt. No. 7.) The parties are directed to comply with the premotion provision, II.B., of the Court's Individual Practices. (Signed by Judge Victor Marrero on 9/23/2022) (jca) Transmission to Office of the Clerk of Court for processing.
September 23, 2022 Filing 7 CERTIFICATE OF SERVICE of Defendant's Motion to Dismiss Pursuant to Forum Non Conveniens Doctrine and Federal Rules of Civil Procedure 12(b)(2) with Exhibits 1 and 2 served on Capital2Market Consulting, LLC on September 23, 2022. Service was made by Mail. Document filed by Camston Wrather, LLC..(Miltenberg, Andrew)
September 22, 2022 Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Pursuant to Forum Non Conveniens Doctrine and Federal Rules of Civil Procedure 12(b)(2). Document filed by Camston Wrather, LLC. (Attachments: #1 Exhibit 1 - Plaintiff's Complaint, #2 Exhibit 2 - Defendant's California Action).(Miltenberg, Andrew) Modified on 9/26/2022 (lb).
September 15, 2022 Filing 5 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652676-22..Document filed by Camston Wrather, LLC. (Attachments: #1 Exhibit 1- State Court Action, #2 Exhibit 2 - Service of Process, #3 Exhibit 3 - VA's State Corporation Commission Clerk's Information, #4 Exhibit 4 - Capital2Market website, #5 Exhibit 5 - Declaration of Andrew Litt in Support of Notice of Removal, #6 Exhibit 6 - Declaration of Dirk Wray in Support of Notice of Removal, #7 Exhibit 7 - Declaration of Aaron Kamenash in Support of Notice of Removal).(Miltenberg, Andrew)
September 14, 2022 Opinion or Order Filing 4 MEMO ENDORSEMENT on re: #3 Letter, filed by Camston Wrather, LLC. ENDORSEMENT: Defendant's request to file the corrected Exhibits is hereby GRANTED. SO ORDERED. (Signed by Judge Victor Marrero on 9/14/2022) (jca)
September 13, 2022 Filing 3 LETTER addressed to Judge Victor Marrero from Andrew T. Miltenberg, Esq. dated September 13, 2022 re: Leave to Refile Exhibits to the Notice of Removal. Document filed by Camston Wrather, LLC. (Attachments: #1 Exhibit Exhibits to the Notice of Removal).(Miltenberg, Andrew)
September 13, 2022 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Andrew Todd Miltenberg. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp)
September 13, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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..(gp)
September 13, 2022 Magistrate Judge Stewart D. Aaron 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. (gp)
September 13, 2022 Case Designated ECF. (gp)
September 12, 2022 Filing 2 NOTICE of Request for Judicial Notice of Documents and Facts in Support of Defendant's Notice of Removal re: #1 Notice of Removal,. Document filed by Camston Wrather, LLC..(Miltenberg, Andrew)
September 12, 2022 Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652676-22. (Filing Fee $ 402.00, Receipt Number ANYSDC-26666266).Document filed by Camston Wrather, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit State Court - Summons, #3 Exhibit State Court - Complaint).(Miltenberg, Andrew)

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Plaintiff: Capital2Market Consulting, LLC
Represented By: Richard J.J. Scarola
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Defendant: Camston Wrather, LLC
Represented By: Andrew Todd Miltenberg
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