The Milky Whey, Inc. v. HSBC Bank USA, N.A. et al
Plaintiff: THE MILKY WHEY, INC.
Defendant: HSBC BANK USA, N.A. and HSBC BANK CANADA
Case Number: 1:2023cv00486
Filed: January 19, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Ronnie Abrams
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. § 1332 Diversity Action
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 31, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 14, 2023 Opinion or Order Filing 25 ORDER denying as moot #10 Motion to Dismiss. Application granted. No initial status conference shall be held in this matter until the pending motion to dismiss is resolved, or until the parties otherwise request one. Given that the newly filed motion to dismiss moots the previously filed motion, the Clerk of Court is respectfully directed to terminate the motion pending at Docket No. 10. (Signed by Judge Ronnie Abrams on 3/14/2023) (ate)
March 13, 2023 Opinion or Order Filing 24 DECLARATION of Connor G. Luff in Support re: #22 MOTION to Dismiss Complaint.. Document filed by HSBC Bank Canada, HSBC Bank USA, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Soven, Andrew)
March 13, 2023 Opinion or Order Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss Complaint. . Document filed by HSBC Bank Canada, HSBC Bank USA, N.A...(Soven, Andrew)
March 13, 2023 Opinion or Order Filing 22 MOTION to Dismiss Complaint. Document filed by HSBC Bank Canada, HSBC Bank USA, N.A...(Soven, Andrew)
March 13, 2023 Opinion or Order Filing 21 LETTER addressed to Judge Ronnie Abrams from James M. Maloney dated 3/13/2023 re: conference. Document filed by The Milky Whey, Inc...(Maloney, James)
March 3, 2023 Opinion or Order Filing 20 PROPOSED CASE MANAGEMENT PLAN. Document filed by HSBC Bank Canada, HSBC Bank USA, N.A...(Luff, Connor)
March 3, 2023 Opinion or Order Filing 19 JOINT LETTER addressed to Judge Ronnie Abrams from Connor Luff dated March 3, 2023 re: Joint Case Summary Letter in accordance with your order dated February 1, 2023. Document filed by HSBC Bank Canada, HSBC Bank USA, N.A...(Luff, Connor)
February 28, 2023 Opinion or Order Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Milky Whey, Inc...(Maloney, James)
February 27, 2023 Opinion or Order Filing 17 FIRST AMENDED COMPLAINT against HSBC Bank Canada, HSBC Bank USA, N.A. with JURY DEMAND.Document filed by The Milky Whey, Inc.. (Attachments: #1 Exhibit Document referenced in paragraph 18).(Maloney, James)
February 27, 2023 Opinion or Order Filing 16 ORDER granting #15 Motion for Andrew J. Soven to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
February 24, 2023 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Andrew J. Soven to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27380867. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
February 23, 2023 Opinion or Order Filing 15 MOTION for Andrew J. Soven to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27380867. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank Canada, HSBC Bank USA, N.A.. (Attachments: #1 Affidavit Affidavit with Certificates of Good Standing, #2 Text of Proposed Order proposed order).(Soven, Andrew)
February 11, 2023 Opinion or Order Filing 14 NOTICE OF APPEARANCE by James Michael Maloney on behalf of The Milky Whey, Inc...(Maloney, James)
February 7, 2023 Opinion or Order Filing 13 LETTER addressed to Judge Ronnie Abrams from James M. Maloney dated 2/7/2023 re: Part 4(C) of Individual Rules, to inform the Court and opposing counsel that the plaintiff intends to file an amended complaint in response to the defendants motion to dismiss. Document filed by The Milky Whey, Inc...(Maloney, James)
February 2, 2023 Opinion or Order Filing 12 MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Local Rule 7.1. . Document filed by HSBC Bank Canada, HSBC Bank USA, N.A...(Luff, Connor)
February 2, 2023 Opinion or Order Filing 11 DECLARATION of Connor G. Luff in Support re: #10 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Local Rule 7.1.. Document filed by HSBC Bank Canada, HSBC Bank USA, N.A.. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Standby Letter of Credit, #3 Exhibit C - First, Second and the Third Amendments to the SBLC, #4 Exhibit D - Plaintiff's March 8, 2022 letter to Defendant, #5 Exhibit E - select provisions from the International Standby Practices).(Luff, Connor)
February 2, 2023 Opinion or Order Filing 10 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Local Rule 7.1. Document filed by HSBC Bank Canada, HSBC Bank USA, N.A...(Luff, Connor)
February 1, 2023 Opinion or Order Filing 9 ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 3/10/2023 at 03:00 PM before Judge Ronnie Abrams. Unless the parties request otherwise, the Court will hold this conference by telephone. The parties shall use the following dial-in information to call in to the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/1/2023) (vfr)
January 25, 2023 Opinion or Order Filing 8 ORDER granting #7 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/25/2023) (vfr)
January 25, 2023 Opinion or Order Set/Reset Deadlines: HSBC Bank USA, N.A. answer due 2/2/2023. HSBC Bank Canada answer due 2/2/2023. (vfr)
January 24, 2023 Opinion or Order Filing 7 CONSENT LETTER MOTION for Extension of Time to respond to Plaintiff's complaint from Thursday, January 26, 2023 to Thursday, February 2, 2023, addressed to Judge Ronnie Abrams from Connor Luff dated January 24, 2023. Document filed by HSBC Bank Canada, HSBC Bank USA, N.A...(Luff, Connor)
January 20, 2023 Opinion or Order Filing 6 CERTIFICATE OF SERVICE of Notice of Removal and supporting documents served on Plaintiff - The Milky Whey, Inc. on 1/20/2023. Service was accepted by James M. Maloney, Esq.. Service was made by Federal Express. Document filed by HSBC Bank Canada, HSBC Bank USA, N.A...(Luff, Connor)
January 20, 2023 Opinion or Order Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate HSBC Overseas Holdings (UK) Limited, Other Affiliate HSBC BANK CANADA,: Vancouver, Canada, Other Affiliate HSBC Holdings plc for HSBC Bank Canada. Document filed by HSBC Bank Canada..(Luff, Connor)
January 20, 2023 Opinion or Order Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate HSBC BANK USA, N.A.: Virginia, USA, Other Affiliate HSBC USA Inc., Other Affiliate HSBC Holdings plc for HSBC Bank USA, N.A.. Document filed by HSBC Bank USA, N.A...(Luff, Connor)
January 20, 2023 Opinion or Order Filing 3 CIVIL COVER SHEET filed..(Luff, Connor)
January 20, 2023 Opinion or Order Magistrate Judge Gabriel W. Gorenstein 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)
January 20, 2023 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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)
January 20, 2023 Opinion or Order Case Designated ECF. (pc)
January 20, 2023 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Connor G Luff. The party information for the following party/parties has been modified: HSBC BANK CANADA, HSBC BANK USA, N.A, THE MILKY WHEY, INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc)
January 20, 2023 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Connor G Luff to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple citizenships for the defendant were selected. Choose one. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc)
January 19, 2023 Opinion or Order Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Luff, Connor) Modified on 1/20/2023 (pc).
January 19, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 654642/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-27225561).Document filed by HSBC BANK CANADA, HSBC BANK USA, N.A.. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Operative Summons and Complaint, #3 Exhibit C - Stipulation).(Luff, Connor)

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Plaintiff: THE MILKY WHEY, INC.
Represented By: James Michael Maloney
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Defendant: HSBC BANK USA, N.A.
Represented By: Connor G Luff
Represented By: Andrew J. Soven
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Defendant: HSBC BANK CANADA
Represented By: Connor G Luff
Represented By: Andrew J. Soven
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