Robert Scot Building Venture LLC et al v. Creative Wealth Media Finance Corp. et al
| ROBERT SCOT BUILDING VENTURE LLC and RSBV PATHWAY LLC |
| Creative Wealth Media Finance Corp. and Jason Cloth |
| 1:2022cv10329 |
| December 6, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Contract: Other |
| 28 U.S.C. § 1332 oc Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.
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Filing 29
NOTICE OF VOLUNTARY DISMISSAL: NOTICE IS HEREBY GIVEN that pursuant to Fed. R. Civ. Pro. 41(a), Plaintiffs Robert Scot Building Venture LLC and RSBV Pathway LLC voluntarily dismiss the above-captioned action without prejudice. Application GRANTED. This case is hereby DISMISSED without prejudice and without costs to any party. The Clerk of Court is respectfully directed to terminate all open motions and deadlines and to close this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/27/2023) (tg)
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| Filing 28 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Jason Cloth, Creative Wealth Media Finance Corp.. Document filed by Robert Scot Building Venture LLC, RSBV Pathway LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Jonelis, David) |
| Filing 27 DECLARATION of Jason Cloth in Support re: #24 MOTION to Dismiss .. Document filed by Jason Cloth, Creative Wealth Media Finance Corp.. (Attachments: #1 Exhibit A - Ghostbusters, #2 Exhibit B - Monkey Man, #3 Exhibit C - Gossamer, #4 Exhibit D - Hailey and the Hero Heart (First Set of Agreements), #5 Exhibit E - Hailey and the Hero Heart (Second Set of Agreements), #6 Exhibit F - Bubbles (First Set of Agreements), #7 Exhibit G - Bubbles (Second Set of Agreements), #8 Exhibit H - Young Bear Grylls, #9 Exhibit I - Fables (First Set of Agreements), #10 Exhibit J - Fables (Second Set of Agreements), #11 Exhibit K - Pathway).(Fried, William) |
| Filing 26 DECLARATION of William R. Fried in Support re: #24 MOTION to Dismiss .. Document filed by Jason Cloth, Creative Wealth Media Finance Corp.. (Attachments: #1 Exhibit A - Amended Complaint).(Fried, William) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss . Defendants Creative Wealth Media Finance Corp. and Jason Cloth's Memorandum of Law in Support of Motion to Dismiss. Document filed by Jason Cloth, Creative Wealth Media Finance Corp...(Fried, William) |
| Filing 24 MOTION to Dismiss . Document filed by Jason Cloth, Creative Wealth Media Finance Corp...(Fried, William) |
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Filing 23
MEMO ENDORSEMENT on re: #20 Letter, filed by RSBV Pathway LLC, Robert Scot Building Venture LLC. ENDORSEMENT: The Initial Pretrial Conference scheduled for February 10, 2023, is hereby ADJOURNED sine die. Discovery is hereby STAYED pending a decision on Defendants' Motion to Dismiss. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/7/2023) (tg)
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Filing 22
STIPULATION EXTENDING DEFENDANTS' TIME TO RESPOND TO AMENDED COMPLAINT: Plaintiffs Robert Scot Building Venture LLC and RSBV Pathway LLC (together, "Plaintiffs") and Defendants Creative Wealth Media Finance Corp. and Jason Cloth (together, "Defendants") by and through their undersigned counsel, stipulate to extend Defendants' time to answer, move to dismiss or otherwise respond to Plaintiffs' Amended Complaint (ECF No. 9) up to and including February 9, 2023. Defendants expressly reserve all defenses, including but not limited to, defenses based upon lack of personal jurisdiction. So-Ordered. Jason Cloth answer due 2/9/2023; Creative Wealth Media Finance Corp. answer due 2/9/2023., Motions terminated: #21 CONSENT LETTER MOTION for Extension of Time to File Answer re: #9 Amended Complaint, or otherwise respond addressed to Judge Valerie E. Caproni filed by Creative Wealth Media Finance Corp., Jason Cloth. (Signed by Judge Valerie E. Caproni on 2/2/2023) (vfr)
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| Filing 21 CONSENT LETTER MOTION for Extension of Time to File Answer re: #9 Amended Complaint, or otherwise respond addressed to Judge Valerie E. Caproni. Document filed by Jason Cloth, Creative Wealth Media Finance Corp.. (Attachments: #1 Text of Proposed Order Proposed Stipulation).(Bazian, Samuel) |
| Filing 20 JOINT LETTER addressed to Judge Valerie E. Caproni from David B. Jonelis and William R. Fried dated 1/31/23 re: Initial Pretrial Conference. Document filed by RSBV Pathway LLC, Robert Scot Building Venture LLC. (Attachments: #1 Text of Proposed Order Proposed Civil Case Management Plan and Scheduling Order).(Jonelis, David) |
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Filing 19
MEMO ENDORSEMENT on re: #18 Letter filed by RSBV Pathway LLC, Robert Scot Building Venture LLC. ENDORSEMENT: The request to hold a remote conference is held in abeyance pending review of the parties' joint letter, which is due February 2, 2023. See Dkt. 11. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/20/2023) (tg)
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| Filing 18 LETTER addressed to Judge Valerie E. Caproni from David Jonelis dated 1/18/23 re: Request to Appear Remotely at Initial Pretrial Conference. Document filed by RSBV Pathway LLC, Robert Scot Building Venture LLC..(Jonelis, David) |
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Filing 17
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF DAVID B. JONELIS granting #13 Motion to Appear Pro Hac Vice. The motion of David B. Jonelis ("Applicant"), for admission to practice Pro Hac Vice in the above captioned action is GRANTED. As further set forth by this Order. (Signed by Judge Valerie E. Caproni on 1/5/2023) (tg)
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Filing 16
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF KELSEY J. LEEKER granting #12 Motion to Appear Pro Hac Vice. The motion of Kelsey J. Leeker ("Applicant"), for admission to practice Pro Hac Vice in the above captioned action is GRANTED. As further set forth by this Order. (Signed by Judge Valerie E. Caproni on 1/5/2023) (tg)
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| Filing 15 AFFIDAVIT OF SERVICE of Amended Complaint, Issued Summons, Civil Case Cover Sheet, Rule 7.1 Statement and Notice of Initial Pretrial Conference served on Jason Cloth on December 21, 2022. Service was made by Mail. Document filed by RSBV Pathway LLC, Robert Scot Building Venture LLC. (Attachments: #1 Exhibit Exhibits to Affidavit of Wendy Rosa Saenz Regarding Service of Jason Cloth).(Eagan, Todd) |
| Filing 14 AFFIDAVIT OF SERVICE of Amended Complaint, Issued Summons, Civil Case Cover Sheet, Rule 7.1 Statement and Notice of Initial Pretrial Conference served on Creative Wealth Media Finance Corp on December 22, 2022. Service was made by Mail. Document filed by RSBV Pathway LLC, Robert Scot Building Venture LLC. (Attachments: #1 Exhibit Exhibits to Affidavit of Wendy Rosa Saenz Regarding Service of Creative Wealth Media Finance Corp).(Eagan, Todd) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for KELSEY JORDAN LEEKER to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27155602. 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. #13 MOTION for DAVID BINDER JONELIS to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27155612. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 13 MOTION for DAVID BINDER JONELIS to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27155612. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by RSBV Pathway LLC, Robert Scot Building Venture LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order [PROPOSED] ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF DAVID B. JONELIS).(Eagan, Todd) |
| Filing 12 MOTION for KELSEY JORDAN LEEKER to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27155602. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by RSBV Pathway LLC, Robert Scot Building Venture LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order [PROPOSED] ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF KELSEY J. LEEKER).(Eagan, Todd) |
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Filing 11
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/10/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/13/2022) (ks)
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| Filing 10 CIVIL COVER SHEET filed..(Eagan, Todd) |
| Filing 9 AMENDED COMPLAINT amending #6 Complaint against Jason Cloth, Creative Wealth Media Finance Corp. with JURY DEMAND.Document filed by Robert Scot Building Venture LLC, RSBV Pathway LLC. Related document: #6 Complaint. (Attachments: #1 Supplement REDLINE AMENDED COMPLAINT).(Eagan, Todd) |
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Filing 8
ORDER: IT IS HEREBY ORDERED that by no later than Tuesday, December 13, 2022, Plaintiff must file an amended complaint that alleges the citizenship of Defendant Cloth or the complaint will be dismissed without prejudice for lack of subject matter jurisdiction. SO ORDERED. ( Amended Pleadings due by 12/13/2022.) (Signed by Judge Valerie E. Caproni on 12/09/2022) (tg)
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| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by RSBV Pathway LLC, Robert Scot Building Venture LLC..(Eagan, Todd) |
| Filing 6 COMPLAINT against Jason Cloth, Creative Wealth Media Finance Corp.. Document filed by Robert Scot Building Venture LLC, RSBV Pathway LLC..(Eagan, Todd) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Jason Cloth, Creative Wealth Media Finance Corp. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Todd Stanford Eagan to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the corporate disclosure statement is not correct;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. Please use the revised form found here # NYSD form page (lb) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Todd Stanford Eagan to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Todd Stanford Eagan. The party information for the following party/parties has been modified: ROBERT SCOT BUILDING VENTURE LLC, RSBV PATHWAY LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Todd Stanford Eagan. The following case opening statistical information was erroneously selected/entered: County code New York; Dollar Demand 13,573,000; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; Dollar Demand has been modified to 9,999,000; the Fee Status code has been modified to pd (paid). (vf) Modified on 12/7/2022 (vf). |
| Case Designated ECF. (vf) |
| Magistrate Judge Robert W. Lehrburger 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. (vf) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to CREATIVE WEALTH MEDIA FINANCE CORP.; and JASON CLOTH, re: #1 Complaint. Document filed by ROBERT SCOT BUILDING VENTURE LLC, RSBV PATHWAY LLC..(Eagan, Todd) |
| Filing 3 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ROBERT SCOT BUILDING VENTURE LLC, RSBV PATHWAY LLC..(Eagan, Todd) Modified on 12/7/2022 (lb). |
| Filing 2 CIVIL COVER SHEET filed..(Eagan, Todd) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against ROBERT SCOT BUILDING VENTURE LLC, RSBV PATHWAY LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27050147)Document filed by ROBERT SCOT BUILDING VENTURE LLC, RSBV PATHWAY LLC..(Eagan, Todd) Modified on 12/7/2022 (vf). |
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