PIRS Capital, LLC v. Arnold's Office Furniture, LLC et al
| PIRS Capital, LLC |
| Arnold's Office Furniture, LLC and Jay Berkowitz |
| 1:2023cv00091 |
| January 5, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on January 20, 2023. A more recent docket listing may be available from PACER.
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Filing 13
ORDER granting #12 Letter Motion to Stay re: #12 JOINT LETTER MOTION to Stay Pending Arbitration addressed to Judge Jesse M. Furman from Danielle Ryan dated 1/19/2023. The motion to stay this case pending arbitration is GRANTED. The request to redact the names of PIRS's members is DENIED. The Clerk of Court is directed to terminate ECF No. 12. As there is no reason to keep the case open pending the arbitration, the Clerk is also directed to administratively close the case without prejudice to either party moving by letter motion to reopen the case within thirty days of the conclusion of the arbitration proceedings. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/20/23) (yv)
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| Filing 12 JOINT LETTER MOTION to Stay Pending Arbitration addressed to Judge Jesse M. Furman from Danielle Ryan dated 1/19/2023. Document filed by Arnold's Office Furniture, LLC, Jay Berkowitz..(Lieberman, Michael) |
| Filing 11 NOTICE of of Exhibit to Pleading / Notice of Removal re: #10 Amended Notice of Removal,. Document filed by Jay Berkowitz..(Lieberman, Michael) |
| Filing 10 AMENDED NOTICE OF REMOVAL against PIRS Capital, LLC; amending #1 Notice of Removal,.Document filed by Jay Berkowitz. Related document: #1 Notice of Removal,. (Attachments: #1 Exhibit 1 - State Court Docket & Filings, #2 Supplement Redline Comparison).(Lieberman, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Lieberman to RE-FILE re: Document No. #9 Amended Notice of Removal. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. Pleading Caption "et al" error. The pleading caption must name the parties; the order granting permission to file the pleading was not attached. Re-file the pleading using the event type Amended Notice of Removal 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (vf) |
| Filing 9 FILING ERROR - DEFICIENT PLEADING PDF ERROR - AMENDED NOTICE OF REMOVAL against PIRS Capital, LLC; amending #1 Notice of Removal,.Document filed by Jay Berkowitz. Related document: #1 Notice of Removal,. (Attachments: #1 Exhibit 1 - State Court Docket & Filings, #2 Supplement Redline Comparison).(Lieberman, Michael) Modified on 1/18/2023 (vf). |
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time to Answer re #7 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, addressed to Judge Jesse M. Furman from Michael Lieberman, Esq. dated January 12, 2023. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 7. Arnold's Office Furniture, LLC answer due 1/19/2023; Jay Berkowitz answer due 1/19/2023. (Signed by Judge Jesse M. Furman on 1/13/2023) (va)
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| Filing 7 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, addressed to Judge Jesse M. Furman from Michael Lieberman, Esq. dated January 12, 2023. Document filed by Arnold's Office Furniture, LLC, Jay Berkowitz..(Lieberman, Michael) |
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Filing 6
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 April 18, 2023 at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. And as set forth herein. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) 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 forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED.Telephonic Initial Conference set for 4/18/2023 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 1/09/2023) (ama)
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Filing 5
ORDER: Accordingly, it is hereby ORDERED that, on or before January 16, 2023, Defendant Berkowitz shall amend the notice of removal to affirmatively allege the citizenship of each constituent person or entity comprising each LLC that is relevant to establish jurisdiction in this case. If, by that date, Defendant Berkowitz is unable to amend the notice of removal to truthfully allege complete diversity of citizenship, then case will be remanded for lack of subject matter jurisdiction without further notice to any party. And as set forth herein. SO ORDERED., ( Amended Pleadings due by 1/16/2023.) (Signed by Judge Jesse M. Furman on 1/09/2023) (ama)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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) |
| 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Arnold's Used Office Furniture, LLC for Arnold's Office Furniture, LLC. Document filed by Arnold's Office Furniture, LLC..(Lieberman, Michael) |
| Filing 3 NOTICE OF APPEARANCE by Michael Lieberman on behalf of Arnold's Office Furniture, LLC, Jay Berkowitz..(Lieberman, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Lieberman, Michael) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 654264/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-27166817).Document filed by Jay Berkowitz. (Attachments: #1 Exhibit 1 - State Court Docket & Filings, #2 Exhibit 2 - State Court Notice of Notice of Removal).(Lieberman, Michael) |
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