Apollo Concrete, Inc. v. Peoplease, LLC
| Appollo Concrete, Inc. and Apollo Concrete, Inc. |
| Peoplelease, LLC and Peoplease, LLC |
| 1:2023cv02335 |
| March 20, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Other |
| 28 U.S.C. § 1332 ds Diversity-Contract Dispute |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 21
ORDER granting in part and denying in part #20 Letter Motion for Extension of Time( Amended Pleadings due by 6/21/2023.); granting in part and denying in part #20 Letter Motion for Extension of Time to Amend #20 FIRST LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Todd B. Sherman dated 4/27/2023. LETTER MOTION for Extension of Time to Amend #16 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to FRCP 12(B)(6) and (9)(B) And for Atttorneys Fees and Costs., #19 Order, Set Deadlines, addressed to Jud LETTER MOTION for Extension of Time to File addressed to Judge Jesse M. Furman from Todd B. Sherman dated 4/27/2023. ( Amended Pleadings due by 6/21/2023.); granting in part and denying in part #20 Letter Motion for Extension of Time to File. Application GRANTED in part. Plaintiff's deadline to amend itscomplaint or oppose Defendant's motion to dismiss is hereby EXTENDED to June 21, 2023; Defendant's reply, if any, is due by July 7, 2023. If Plaintiff amends its complaint, the Court will set a new -- albeit expedited -- briefing schedule for any new motion to dismiss. The Clerk of Court is directed to terminate ECF No. 20. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/27/23) (yv)
|
| Filing 20 FIRST LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Todd B. Sherman dated 4/27/2023., LETTER MOTION for Extension of Time to Amend #16 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to FRCP 12(B)(6) and (9)(B) And for Atttorneys Fees and Costs., #19 Order,,,, Set Deadlines,,, addressed to Judge Jesse M. Furman from Todd B. Sherman dated 4/27/2023., LETTER MOTION for Extension of Time to File addressed to Judge Jesse M. Furman from Todd B. Sherman dated 4/27/2023. Document filed by Apollo Concrete, Inc.. (Attachments: #1 Exhibit Exhibit 1: Memorialization of briefing schedule).(Sherman, Todd) |
|
Filing 19
ORDER, It is hereby ORDERED that Plaintiff shall file any amended complaint by May 17, 2023. Pursuant to Paragraph 1.B. of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, any amended complaint should be filed with a redline showing all differences between the original and revised filing. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by May 17, 2023. Defendant's reply, if any, shall be filed by May 24, 2023. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for May 10, 2023, is adjourned sine die. SO ORDERED. ( Amended Pleadings due by 5/17/2023., Replies due by 5/24/2023., Responses due by 5/17/2023) (Signed by Judge Jesse M. Furman on 4/27/23) (yv)
|
| Set/Reset Deadlines: Responses due by 6/21/2023. Replies due by 7/7/2023. (yv) |
| Filing 18 MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to FRCP 12(B)(6) and (9)(B) And for Atttorneys Fees and Costs. ORAL ARGUMENT REQUESTED. Document filed by Peoplease, LLC. (Attachments: #1 Affidavit Certification of Service).(D'Andrea, Theresa) |
| Filing 17 DECLARATION of Theresa J. D'Andrea, Esq. in Support re: #16 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to FRCP 12(B)(6) and (9)(B) And for Atttorneys Fees and Costs.. Document filed by Peoplease, LLC. (Attachments: #1 Exhibit Exhibit A to Theresa J. D'Andrea Declaration - Communication with Apollo's Counsel, #2 Affidavit Certification of Service).(D'Andrea, Theresa) |
| Filing 16 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to FRCP 12(B)(6) and (9)(B) And for Atttorneys Fees and Costs. Document filed by Peoplease, LLC. Responses due by 6/21/2023 Return Date set for 7/19/2023 at 09:30 AM. (Attachments: #1 Affidavit Certification of Service).(D'Andrea, Theresa) |
| Filing 15 AMENDED NOTICE OF REMOVAL against Apollo Concrete, Inc.; amending #1 Notice of Removal, with JURY DEMAND.Document filed by Peoplease, LLC. Related document: #1 Notice of Removal,..(D'Andrea, Theresa) |
|
Filing 14
NOTICE OF INITIAL PRETRIAL CONFERENCE: 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. As further set forth by this Order. SO ORDERED. Initial Conference set for 5/10/2023 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 3/30/2023) (tg)
|
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Theresa Jeanine D'Andrea to RE-FILE Document No. #10 Amended Notice of Removal. 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 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. (jgo) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Apollo Concrete, Inc...(Sherman, Todd) |
| Filing 12 CIVIL COVER SHEET filed. (Attachments: #1 Affidavit CERTIFICATION OF SERVICE).(D'Andrea, Theresa) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Peoplease Holdings, LLC for Peoplease, LLC. Document filed by Peoplease, LLC. (Attachments: #1 Affidavit CERTIFICATION OF SERVICE).(D'Andrea, Theresa) |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED NOTICE OF REMOVAL against Peoplease, LLC; amending #1 Notice of Removal, with JURY DEMAND.Document filed by Peoplease, LLC. Related document: #1 Notice of Removal,. (Attachments: #1 Affidavit DECLARATION OF THERESA J. D'ANDREA ISO AMENDED NOTICE OF REMOVAL, #2 Exhibit EXHIBIT 1 TO THERESA D'ANDREA DECLARATION - EFILED NOTICE OF REMOVAL DOCS, #3 Exhibit EXHIBIT 2 TO THEREA D'ANDREA DECLARATION - REDLINE NOTICE OF REMOVAL AND AMENDED NOTICE OF REMOVAL, #4 Exhibit EXHIBIT E TO AMENDED NOTICE OF REMOVALDECLARATION OF CHRYSTAL EMMERT TEMAULT, ESQ., #5 Affidavit CERTIFICATION OF SERVICE TO AMENDED NOTICE OF REMOVAL).(D'Andrea, Theresa) Modified on 3/30/2023 (jgo). |
|
Filing 9
ORDER Accordingly, it is hereby ORDERED that, on or before March 29, 2023, Defendant shall amend its Notice of Removal to adequately allege each party's citizenship. If, by that date, Defendant is unable to amend its Notice of Removal to truthfully allege complete diversity of citizenship, then the action will be remanded to the Supreme Court of New York, New York County, without further notice to either party. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/22/2023) (jca)
|
|
Filing 8
ORDER granting #7 Letter Motion for Extension of Time to Answer re #7 FIRST LETTER MOTION for Extension of Time to File Answer to the Amended Complaint from March 27, 2023 to April 26, 2023, with Consent from Plaintiff's Counsel addressed to Judge Jesse M. Furman from Theresa J. D'Andrea dated March, #1 Notice of Removal,. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 7. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/22/23) (yv)
|
| Filing 7 FIRST LETTER MOTION for Extension of Time to File Answer to the Amended Complaint from March 27, 2023 to April 26, 2023, with Consent from Plaintiff's Counsel addressed to Judge Jesse M. Furman from Theresa J. D'Andrea dated March 21, 2023. Document filed by Peoplease, LLC..(D'Andrea, Theresa) |
| Filing 6 NOTICE OF APPEARANCE by Todd Brian Sherman on behalf of Appollo Concrete, Inc...(Sherman, Todd) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Theresa Jeanine D'Andrea. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 2 (Citizen of Another State); County code Albany;. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Theresa Jeanine D'Andrea to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; attach the Civil Cover Sheet form only; party names on the PDF case caption must match exactly as they appear on the pleading caption; the incorrect Citizenship Plaintiff code was selected under Citizenship of Principal Parties; Plaintiff name under Plaintiff Address and County must match exactly as it appears on the pleading caption;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Theresa Jeanine D'Andrea. The party information for the following party/parties has been modified: Appollo Concrete, Inc.; Peoplelease, LLC. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Theresa Jeanine D'Andrea to RE-FILE Document No. #2 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added; the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. 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 - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. (lb) |
| 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. (jgo) |
| Filing 5 CERTIFICATE of Counsel by Theresa Jeanine D'Andrea on behalf of Peoplelease, LLC. Re: #3 Civil Cover Sheet, #2 Rule 7.1 Corporate Disclosure Statement, #1 Notice of Removal,. REFILING CERTIFICATION OF SERVICE AND ELECTRONIC FILING FOR NOTICE OF REMOVAL AND SUPPORTING DOCUMENTS - ADDING MISSING ELECTRONIC SIGNATURE OF THERESA J. D'ANDREA.(D'Andrea, Theresa) |
| Filing 4 NOTICE OF APPEARANCE by Theresa Jeanine D'Andrea on behalf of Peoplelease, LLC. (Attachments: #1 Affidavit Cert of Svc Notice of Appearance).(D'Andrea, Theresa) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Attachments: #1 Affidavit Cert of Svc and Electronic Filing).(D'Andrea, Theresa) Modified on 3/21/2023 (jgo). |
| Filing 2 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Peoplelease, LLC. (Attachments: #1 Affidavit Cert of Svc and Electronic Filing).(D'Andrea, Theresa) Modified on 3/21/2023 (lb). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650775/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27490730).Document filed by Peoplelease, LLC. (Attachments: #1 Exhibit Exhibit A Summons and Complaint, #2 Exhibit Exhibit B Amended Verified Complaint and Jury Demand, #3 Exhibit Exhibit C Affidavits of Service, #4 Exhibit Exhibit D Executed Affidavit for Removal, #5 Affidavit Cert of Service and Electronic Filing).(D'Andrea, Theresa) |
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.
