Community USA II LLC v. Syl Consulting, LLC et al
| Community USA II LLC |
| Syl Consulting, LLC, Nicolas Sangros, 250 E. 40 Realty, LLC and Syl Consulting, LLC doing business as CNRG Hospitality |
| 1:2023cv02494 |
| March 24, 2023 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on May 9, 2023. A more recent docket listing may be available from PACER.
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Filing 11
ORDER granting (24) Letter Motion to Adjourn Conference. Ok, conference adjourned to 5/25/2023 at 10:45 a.m.. (Case Management Conference set for 5/25/2023 at 10:45 AM before Judge Colleen McMahon.) in case 1:23-cv-01377-CM.. (Signed by Judge Colleen McMahon on 5/9/2023) Filed In Associated Cases: 1:23-cv-01377-CM, 1:23-cv-02494-CM (kv)
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Filing 10
INITIAL ORDER DISPOSING OF PENDING MOTIONS AND CONSOLIDATING CASES FOR ALL PURPOSES denying as moot (7) Motion to Dismiss in case 1:23-cv-01377-CM; denying (5) Motion to Remand to State Court in case 1:23-cv-02494-CM. All motions are denied. The motion to remand Case No. 2 is denied. The decision denying the motion to remand moots Community's motion to dismiss or stay Case No. 1 in favor of an action that is no longer pending in the New York State Supreme Court. Therefore, the motion to dismiss or stay Case No. 2 at Dkt. No. 7 is denied as moot, as is the letter motion to stay discovery in Case No. 2 at Dkt. No. 19. These two cases are consolidated under the earlier filed number in this court: 23 Civ. 1377. The Clerk shall mark the motion at Dkt. No. 5 in 23 Civ. 2494 DENIED and shall close that case. The complaint in Case No. I shall be deemed the complaint in the consolidated action: the complaint in Case No. 2 shall be deemed the answer and counterclaim in the consolidated action (the court will consider Sangros and the two LLC Defendants to have filed a general denial to the allegations of the complaint in Case No. 1 ); Community shall file a reply to the counterclaims (if one is needed) no later than ten business days from the date of this order. The clerk shall close the motions at Docket Nos. 7 and 19 in 23 Civ. 1377 and Docket No. 5 in 23 Civ. 2494 and remove them from the court's list of open motions. The parties shall immediately meet and confer and either submit a case management plan in the form provided by the court or attend a case management conference in Courtroom 24A at the Daniel Patrick Moynihan Courthouse, located in the city and state of New York, on May 11, 2023, at 10:30 AM.. (Signed by Judge Colleen McMahon on 5/4/2023) BY ECF TO ALL COUNSEL Filed In Associated Cases: 1:23-cv-01377-CM, 1:23-cv-02494-CM (kv)
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| NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Mary Kay Vyskocil is no longer assigned to the case. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:23-cv-01377-CM. Notice of Assignment to follow. (vba) |
| 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. (vba) |
| Magistrate Judge Katharine H. Parker is so redesignated. (vba) |
| CONSOLIDATED MEMBER CASE: Create association to 1:23-cv-01377-CM.. (kv) |
| Set/Reset Hearings: Case Management Conference set for 5/11/2023 at 10:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. Associated Cases: 1:23-cv-01377-CM, 1:23-cv-02494-CM(kv) |
| Filing 9 MEMORANDUM OF LAW in Opposition re: #5 MOTION to Remand to State Court . . Document filed by 250 E. 40 Realty, LLC, Nicolas Sangros, Syl Consulting, LLC..(Knox, Daniel) |
| Filing 8 DECLARATION of Nicolas Sangros in Opposition re: #5 MOTION to Remand to State Court .. Document filed by 250 E. 40 Realty, LLC, Nicolas Sangros, Syl Consulting, LLC. (Attachments: #1 Exhibit Ex. A - Sangros Driver's License, #2 Exhibit Ex. B - Rachart Driver's License, #3 Exhibit Ex. C - Deed, #4 Exhibit Ex. D - Auto Registrations, #5 Exhibit Ex. E - Auto Policies, #6 Exhibit Ex. F - Pay Stub, #7 Exhibit Ex. G - School ID, #8 Exhibit Ex. H - Amended Operating Agreement of Community USA II LLC, #9 Exhibit Ex. I - Termination Notice, #10 Exhibit Ex. J - Consulting Agreement, #11 Exhibit Ex. K - 2015 Lease, #12 Exhibit Ex. L - Itineraries).(Knox, Daniel) |
| Filing 7 DECLARATION of Van Leeuwen in Support re: #5 MOTION to Remand to State Court .. Document filed by Community USA II LLC. (Attachments: #1 Exhibit Linkedin Page, #2 Exhibit Work Address and Projects, #3 Exhibit 2018 Article, #4 Exhibit 2017 Article, #5 Exhibit 2002 Article, #6 Exhibit Affidavit Service State Court, #7 Exhibit Affidavit Service State Court, #8 Exhibit Consulting Agreement).(Van Leeuwen, David) |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 MOTION to Remand to State Court . . Document filed by Community USA II LLC..(Van Leeuwen, David) |
| Filing 5 MOTION to Remand to State Court . Document filed by Community USA II LLC..(Van Leeuwen, David) |
| Filing 4 AMENDED NOTICE OF REMOVAL against Community USA II LLC; amending #1 Notice of Removal,.Document filed by 250 E. 40 Realty, LLC, Nicolas Sangros, Syl Consulting, LLC. Related document: #1 Notice of Removal,. (Attachments: #1 Exhibit Summons and Complaint Court for State Court Action).(Knox, Daniel) |
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Filing 3
ORDER denying #2 Letter Motion for Conference re: #2 LETTER MOTION for Conference addressed to Judge Mary Kay Vyskocil from Daniel Knox, Esq. dated 03/30/2023. The Court is in receipt of a pre-motion letter from Defendants regarding their contemplated motion to dismiss Plaintiff's complaint [ECF No. 2]. However, this case was removed by Defendants from the New York Supreme Court, and Plaintiff has not filed a notice of appearance in this Court. Moreover, Defendants have not filed proof of service of the notice of removal [ECF No. 1]. Accordingly, Defendants' request for a pre-motion conference or leave to file a motion to dismiss [ECF No. 2] is DENIED. The Clerk of Court respectfully is requested to terminate the letter motion pending at docket entry number 2. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 4/6/2023) (tg)
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| Filing 2 LETTER MOTION for Conference addressed to Judge Mary Kay Vyskocil from Daniel Knox, Esq. dated 03/30/2023. Document filed by 250 E. 40 Realty, LLC, Nicolas Sangros, Syl Consulting, LLC..(Knox, Daniel) |
| 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Knox. The following case opening statistical information was erroneously selected/entered: Dollar Demand $250,000,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Knox. The party information for the following party/parties has been modified: Syl Consulting, LLC. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Daniel Knox. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650786/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27512855).Document filed by 250 E. 40 Realty, LLC, Nicolas Sangros, Syl Consulting, LLC. (Attachments: #1 Exhibit Summons and Complaint Court for State Court Action).(Knox, Daniel) |
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