BMO Harris Bank N.A. v. Radium2 Capital, LLC
| BMO Harris Bank N.A. |
| Radium2 Capital, LLC and Radium |
| 1:2022cv08328 |
| September 29, 2022 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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Filing 19
STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between Defendant and undersigned counsel for Plaintiff, as follows: 1. The time for Defendant to answer or otherwise move in connection with the Complaint is hereby extended until November 28, 2022. 2. This Stipulation may be executed in counterparts via electronic mail or facsimile. The deadline for Defendant to answer or otherwise respond to the Complaint is extended, by stipulation, to November 28, 2022. SO ORDERED. ( Motions due by 11/28/2022.) (Signed by Judge Jennifer L. Rochon on 11/3/2022) (ate)
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Set/Reset Deadlines: Radium2 Capital, LLC answer due 11/28/2022. (ate)
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Filing 18
BRIEF Stipulation for Defendant to answer or otherwise move in connection with the Complaint. Document filed by BMO Harris Bank N.A...(Audley, David)
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Filing 17
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on February 2, 2023 at 2:30 p.m. Initial Conference set for 2/2/2023 at 02:30 PM before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 10/21/2022) (ate)
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Filing 16
MEMO ENDORSEMENT on re: #15 Letter, filed by BMO Harris Bank N.A. ENDORSEMENT: The Court construes Plaintiff's letter as alleging that Plaintiff BMO Harris Bank N.A. has its main office, as set forth in its articles of association, in Illinois. ECF No. 15. See OneWest Bank, N.A. v. Melina, 827 F.3d 214, 219 (2d Cir. 2016) ("The Supreme Court has held unequivocally that a national bank is "located," for diversity jurisdiction purposes, in the state designated in its articles of association as the locus of its main officenot in every state in which it has branch offices."). The Court further construes Plaintiff's letter as alleging, upon a good faith basis, that Defendant Radium2 Capital, LLC had, as of the time this action was commenced, a single member named Tony Caruso, who is a citizen of New York. ECF No. 15. If at any time either party learns of contrary information that would have an effect on diversity of citizenship in this action, they shall inform the Court promptly. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/21/2022) (jca)
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Filing 15
LETTER addressed to Judge Jennifer L. Rochon from Mia D'Andrea dated October 14, 2022 re: October 5, 2022 Order, Docket No. 6. Document filed by BMO Harris Bank N.A.. (Attachments: #1 Affidavit (Declaration of Mia D'Andrea in Support)).(D'Andrea, Mia)
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Filing 14
NOTICE OF APPEARANCE by Mia D'Andrea on behalf of BMO Harris Bank N.A...(D'Andrea, Mia)
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Filing 13
NOTICE OF APPEARANCE by David T. Audley on behalf of BMO Harris Bank N.A...(Audley, David)
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Filing 12
ORDER granting #10 Motion for Mia D. D'Andrea to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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Filing 11
ORDER granting #9 Motion for David T.B. Audley to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for David T.B. Audley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26799959. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Mia D. D'Andrea to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26800092. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
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Filing 10
MOTION for Mia D. D'Andrea to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26800092. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BMO Harris Bank N.A.. (Attachments: #1 Affidavit (pursuant to Local Rule 1.3), #2 Text of Proposed Order Proposed Order).(D'Andrea, Mia)
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Filing 9
MOTION for David T.B. Audley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26799959. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BMO Harris Bank N.A.. (Attachments: #1 Affidavit (pursuant to Local Rule 1.3), #2 Text of Proposed Order Proposed Order).(Audley, David)
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Filing 8
AFFIDAVIT OF SERVICE of Order entered October 5, 2022, (Dkt # 6) served on RADIUM2 CAPITAL, LLC on October 6, 2022. Service was accepted by Allison Rathmanner, Managing Agent. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph)
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Filing 7
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Radium2 Capital, LLC served on 10/6/2022, answer due 10/27/2022. Service was accepted by Allison Rathmanner, Managing Agent. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph)
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Filing 6
ORDER re: #1 Complaint, filed by BMO Harris Bank N.A.. Accordingly, it is hereby ORDERED that, on or before October 15, 2022, Plaintiff shall file on ECF a letter, supported by one or more sworn affidavits, alleging the citizenship of each party. If, by that date, Plaintiff is unable to allege a good-faith basis for complete diversity of citizenship, the action may be dismissed for lack of subject-matter jurisdiction, without further notice to the parties. Plaintiff is directed to, within two business days of this Order, serve on Defendant a copy of this Order and file proof of such service on the docket. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/5/2022) (kv)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Radium2 Capital, LLC. (vf)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Radium2 Capital, LLC f/k/a Radium2 Capital, Inc., re: #1 Complaint,. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph)
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Magistrate Judge James L. Cott 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)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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)
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Case Designated ECF. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Lombardo. The party information for the following party/parties has been modified: Radium2 Capital, LLC, BMO Harris Bank N.A.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted;. (pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joseph Lombardo. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,700,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the County code has been modified to XX Out of State;. (pc)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BMO Financial Group, Corporate Parent Bank of Montreal, Toronto, Canada for BMO Harris Bank N.A.. Document filed by BMO Harris Bank N.A...(Lombardo, Joseph)
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Filing 2
CIVIL COVER SHEET filed..(Lombardo, Joseph)
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Filing 1
COMPLAINT against Radium2 Capital, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26752377)Document filed by BMO Harris Bank N.A.. (Attachments: #1 Exhibit A (Note), #2 Exhibit B (Floor Plan), #3 Exhibit C (Guaranty), #4 Exhibit D (Forbearance Agreement), #5 Exhibit E (BMO Financing Statements)).(Lombardo, Joseph)
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