41-45 Property Owner, LLC v. CDM1, LLC et al
| 41-45 Property Owner, LLC |
| CDM1, LLC, Arturo R Moreno and Carole D. Moreno |
| 1:2022cv08634 |
| October 11, 2022 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 25 ANSWER to #17 Complaint., COUNTERCLAIM against 41-45 Property Owner, LLC. Document filed by CDM1, LLC. (Attachments: #1 Exhibit Ex. 1 - 520 Park Option Agreement, #2 Exhibit Ex. 2 - 2019.01.07_SM&W Sound Report, #3 Exhibit Ex. 3 - 2019.01.15_FSI Counter Sound Report, #4 Exhibit Ex. 4 - 2019.03.11_FSI Counter Report 2).(Sokoloff, Brittany) |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CDM1, LLC..(Sokoloff, Brittany) |
Filing 23
MEMO ENDORSEMENT: on re: #22 LETTER MOTION for Conference on Defendant CDM1, LLC's Motion to Dismiss. addressed to Judge Lorna G. Schofield from Brittany H. Sokoloff dated 12/7/2022 filed by CDM1, LLC. ENDORSEMENT: Plaintiff shall file a response, not to exceed three pages, by December 14, 2022. So Ordered., ( Responses due by 12/14/2022) (Signed by Judge Lorna G. Schofield on 12/08/2022) (ama)
|
| Filing 22 LETTER MOTION for Conference on Defendant CDM1, LLC's Motion to Dismiss addressed to Judge Lorna G. Schofield from Brittany H. Sokoloff dated 12/7/2022. Document filed by CDM1, LLC..(Sokoloff, Brittany) |
| Filing 21 LETTER addressed to Judge Lorna G. Schofield from Brittany H. Sokoloff dated December 7, 2022 re: Pre-Conference Letter. Document filed by CDM1, LLC. (Attachments: #1 Text of Proposed Order Civil Case Management Plan and Scheduling Order).(Sokoloff, Brittany) |
|
Filing 20
ORDER granting #19 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference is ADJOURNED to December 21, 2022, at 4:10 p.m. The conference will be telephonic and will take place on the following line: 888-363-4749, access code 558-3333. The start time is approximate but the parties shall be prepared to begin at the scheduled time. SO ORDERED. Initial Conference set for 12/21/2022 at 04:10 PM before Judge Lorna G. Schofield.. (Signed by Judge Lorna G. Schofield on 11/16/2022) (kv)
|
| Filing 19 LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Brittany H. Sokoloff dated November 15, 2022. Document filed by CDM1, LLC..(Sokoloff, Brittany) |
|
Filing 18
ORDER denying #2 Motion to Seal. It is hereby ORDERED that Defendant's motion to seal is DENIED. The Clerk of Court is respectfully directed to unseal the document at Docket No. 5 and to close the motion at Docket No. 2. (Signed by Judge Lorna G. Schofield on 11/15/2022) (mml)
|
| Filing 17 COMPLAINT against CDM1, LLC. Document filed by 41-45 Property Owner, LLC. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2, #3 Exhibit A - Part 3, #4 Exhibit A - Part 4, #5 Exhibit B, #6 Exhibit C).(Mollen, Scott) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 41-45 Property Owner, LLC..(Muller, Jennifer) |
| Filing 15 NOTICE OF APPEARANCE by Alan David Kaplan on behalf of 41-45 Property Owner, LLC..(Kaplan, Alan) |
|
Filing 14
ORDER granting #10 Motion for Frederick J. Sperling to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
|
|
Filing 13
ORDER granting #9 Motion for Adam J. Diederich to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
|
|
Filing 12
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on December 14, 2022 at 4:10 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. IT IS FURTHER ORDERED that the parties shall file a joint letter on ECF by December 7, 2022 at noon, not to exceed five (5) pages, providing the following information in separate paragraphs: as set forth herein. Counsel who have noticed an appearance as of the issuance of this order are directed (i) to notify all other parties' attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules forthwith, and (ii) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must send a copy of this order and Individual Rules to that party personally. DATE AND TIME OF TELEPHONIC CONFERENCE: December 14, 2022 at 4:10 p.m. IPTC MATERIALS DUE: December 7, 2022 at noon., ( Telephone Conference set for 12/14/2022 at 04:10 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/28/2022) (ama)
|
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Frederick J. Sperling to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26868671. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Adam J. Diederich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26867949. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
|
Filing 11
STIPULATION SETTING SCHEDULE FOR SERVICE OF PLEADINGS AND DISCONTINUING CLAIMS AS TO THE INDIVIDUAL DEFENDANTS: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys of record for Plaintiff and Defendants, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above-entitled action by Plaintiff against Defendants is hereby discontinued and dismissed as to defendants A. Moreno and C. Moreno only, without costs to either of said parties against the other. Nothing in this stipulation is intended to discontinue or dismiss the above-entitled action by Plaintiff against Defendant CDM1, LLC and those claims and causes of actions remain in this action; IT IS FURTHER STIPULATED AND AGREED that CDM1 hereby withdraws its counterclaims asserted against Plaintiff (ECF Doc. No. 3), without prejudice, with the intention to re-allege or re-plead the counterclaim(s) when filing CDM1's responsive pleading pursuant to schedule set forth below; IT IS FURTHER STIPULATED AND AGREED that Plaintiff and defendant CDM1 agree to the following schedule for the service of Plaintiff's complaint and any responsive pleadings: Service of Plaintiff's complaint November 11, 2022; Service of CDM1's responsive pleading December 9, 2022; Service of Plaintiff's responsive pleading (if any) January 9, 2023; IT IS FURTHER AGREED that this Stipulation may be signed in counterparts by facsimile or electronic signature, and that such facsimile or electronic signature shall be deemed an original signature for purposes of this Stipulation. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and 41(c)(1), the parties may stipulate dismissal as to the parties and claimsdescribed above without court order. Plaintiff shall file its Complaint by November 11, 2022. Defendant shall answer or otherwise respond by December 9, 2022. If Defendant's Answer includes counterclaims, Plaintiff shall answer or otherwise respond by January 9, 2023. The parties are directed to the Court'sIndividual Rules regarding pre-motion letters in the event they plan to file a motion to dismiss. So Ordered., ( Service due by 11/11/2022.), Carole D. Moreno, Carole D. Moreno, Arturo R Moreno and Arturo R Moreno terminated. (Signed by Judge Lorna G. Schofield on 10/25/2022) (ama)
|
| Filing 10 MOTION for Frederick J. Sperling to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26868671. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CDM1, LLC, Arturo R Moreno, Carole D. Moreno. (Attachments: #1 Affidavit Declaration of Frederick J. Sperling, #2 Exhibit Certificate of Good Standing of Frederick J. Sperling, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice of Frederick J. Sperling).(Sperling, Frederick) |
| Filing 9 MOTION for Adam J. Diederich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26867949. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CDM1, LLC, Arturo R Moreno, Carole D. Moreno. (Attachments: #1 Affidavit Declaration of Adam J. Diederich, #2 Exhibit Certificate of Good Standing of Adam J. Diederich, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice of Adam J. Diederich).(Diederich, Adam) |
| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by 41-45 Property Owner, LLC..(Muller, Jennifer) |
| Filing 7 NOTICE OF APPEARANCE by Jennifer M. Muller on behalf of 41-45 Property Owner, LLC..(Muller, Jennifer) |
| Filing 6 NOTICE OF APPEARANCE by Scott E Mollen on behalf of 41-45 Property Owner, LLC..(Mollen, Scott) |
| Filing 5 ***SELECTED PARTIES***REDACTION to #3 Answer to Complaint, Counterclaim,, Exhibit 1 to Defendants' Answer and Counterclaim by CDM1, LLC, 41-45 Property Owner, LLC, Arturo R Moreno, Carole D. MorenoMotion or Order to File Under Seal: #2 .(Sokoloff, Brittany) |
| Filing 4 CIVIL COVER SHEET filed..(Sokoloff, Brittany) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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 Valerie Figueredo 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brittany Hope Sokoloff. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332;. (pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Brittany Hope Sokoloff. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| Filing 3 ANSWER to Complaint., COUNTERCLAIM against 41-45 Property Owner, LLC. Document filed by Carole D. Moreno, Arturo R Moreno, CDM1, LLC. (Attachments: #1 Exhibit Option Agreement - Filed Under Seal, #2 Exhibit SM&W Sound Report, #3 Exhibit FSI Counter Sound Report, #4 Exhibit FSI Counter Sound Report 2).(Sokoloff, Brittany) |
| Filing 2 MOTION to Seal Exhibit 1 to Defendants' Answer and Counterclaim. Document filed by CDM1, LLC, Arturo R Moreno, Carole D. Moreno..(Sokoloff, Brittany) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 656970/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26799899).Document filed by Carole D. Moreno, Arturo R Moreno, CDM1, LLC..(Sokoloff, Brittany) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
