Michetti v. Hard Rock International Inc. et al
| Felice Michetti |
| Hard Rock International Inc., Hard Rock Tristate AC LLC, Boardwalk 1000 d/b/a Hard Rock Hotel and Casino and Boardwalk 1000, LLC doing business as Hard Rock Hotel & Casino |
| 1:2023cv01806 |
| March 2, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| P.I.: Other |
| 28 U.S.C. § 1332 pi Diversity-Personal Injury |
| Plaintiff |
Docket Report
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Filing 14
STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED by Plaintiff, who is not 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, and has authorized the undersigned the attorney of record for Plaintiff in the pending above-referenced action in the United States District Court, Southern District of New York, shall be discontinued with prejudice, without costs to any party. The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/4/2023) (tg)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Arnold Kriss. RE-FILE Document No. #13 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): (1) the individual party/parties whom the voluntary dismissal is against was/were not selected; (2) the stipulation of voluntary dismissal was not signed physically by all parties who have appeared; (3) the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct individual filer/filers - select the correct individual party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (tp) |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Felice Michetti. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Kriss, Arnold) Modified on 4/4/2023 (tp). |
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Filing 12
MEMO ENDORSEMENT on re: #11 Letter filed by Felice Michetti. ENDORSEMENT: The deadline for Plaintiff to respond to the Court's order at Dkt. 10 is extended sine die pending settlement. Because the Court may not have subject-matter jurisdiction, it cannot enforce any future settlement agreement or dismiss the case with prejudice unless Plaintiff files an amended complaint addressing the deficiencies identified in its Order. Not later than Wednesday, April 12, 2023, the parties must file a stipulation of discontinuance or a status update. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/15/2023) (tg)
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| Filing 11 LETTER addressed to Judge Valerie E. Caproni from Arnold N. Kriss, Esq. dated March 15, 2023 re: Settlement. Document filed by Felice Michetti..(Kriss, Arnold) |
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Filing 10
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that not later than Friday, March 17, 2023, Plaintiff must (1) file an amended complaint that sets forth facts regarding the citizenships of Hard Rock Tristate's and Boardwalk 1000's members or the complaint will be dismissed without prejudice for lack of subject-matter jurisdiction; and (2) file a letter not to exceed two pages explaining why venue is proper in the Southern District of New York or showing cause why this action should not be transferred to the District of New Jersey pursuant to 28 U.S.C. 1406(a). SO ORDERED. ( Amended Pleadings due by 3/17/2023.) (Signed by Judge Valerie E. Caproni on 3/7/2023) (tg)
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| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Jennifer H. Rearden is no longer assigned to the case. (aea) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Boardwalk 1000, LLC..(pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Hard Rock Tristate AC LLC..(pc) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Hard Rock International Inc...(pc) |
| Filing 6 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Felice Michetti..(Kriss, Arnold) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Arnold Neil Kriss. The party information for the following party/parties has been modified: Boardwalk 1000 d/b/a Hard Rock Hotel and Casino. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; alias party name was omitted;. (pc) |
| Magistrate Judge Sarah L. Cave 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Arnold Neil Kriss. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Boardwalk 1000 dba Hard Rock Hotel and Casino, re: #1 Complaint. Document filed by Felice Michetti..(Kriss, Arnold) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Hard Rock Tristate AC LLC, re: #1 Complaint. Document filed by Felice Michetti..(Kriss, Arnold) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Hard Rock International Inc., re: #1 Complaint. Document filed by Felice Michetti..(Kriss, Arnold) |
| Filing 2 CIVIL COVER SHEET filed..(Kriss, Arnold) |
| Filing 1 COMPLAINT against Boardwalk 1000 d/b/a Hard Rock Hotel and Casino, Hard Rock International Inc., Hard Rock Tristate AC LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27413368)Document filed by Felice Michetti..(Kriss, Arnold) |
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