Harp Trading Ltd. v. Birch River Energy, LLC
Plaintiff: Harp Trading Ltd.
Defendant: Birch River Energy, LLC f/k/a Brooks Run Mining Company, LLC
Case Number: 1:2023cv05781
Filed: July 6, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Analisa Torres
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity Action
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2023 Filing 22 CERTIFICATE OF SERVICE of Motion for Entry of Default and supporting Declarations served on Birch River Energy, LLC on August 31, 2023. Service was made by MAIL. Document filed by Harp Trading Ltd...(Murphy, Michael)
August 31, 2023 Filing 21 DECLARATION of Andrew Smolenack in Support re: #19 MOTION for Entry of Default as to Birch River Energy, LLC f/k/a Brooks Run Mining Company, LLC .. Document filed by Harp Trading Ltd.. (Attachments: #1 Exhibit A - damage spreadsheet, #2 Exhibit B - 1.18.21 Payment, #3 Exhibit C - 1.19.21 Payment, #4 Exhibit D - 1.28.21 Credit Memo, #5 Exhibit E - 2.22.21 Invoice, #6 Exhibit F - 2.11.21 Invoice, #7 Exhibit G - 2.10.21 Invoice, #8 Exhibit H - FTRA, #9 Exhibit I - 3.17.22 Invoice).(Murphy, Michael)
August 31, 2023 Filing 20 DECLARATION of Michael L. Murphy in Support re: #19 MOTION for Entry of Default as to Birch River Energy, LLC f/k/a Brooks Run Mining Company, LLC .. Document filed by Harp Trading Ltd.. (Attachments: #1 Exhibit A - Verified Complaint, #2 Exhibit B - Clerk's Cert. of Default).(Murphy, Michael)
August 31, 2023 Filing 19 MOTION for Entry of Default as to Birch River Energy, LLC f/k/a Brooks Run Mining Company, LLC . Document filed by Harp Trading Ltd...(Murphy, Michael)
August 21, 2023 Opinion or Order Filing 18 ORDER terminating #11 Letter Motion to Adjourn Conference. The parties' deadline to submit their joint letter and proposed case management plan, see ECF No. 7, is ADJOURNED sine die. (Signed by Judge Analisa Torres on 8/21/2023) (ate)
August 21, 2023 Filing 17 CLERK'S CERTIFICATE OF DEFAULT as to Birch River Energy, LLC f/k/a Brooks Run Mining Company, LLC.(nd)
August 21, 2023 Filing 16 DECLARATION of Michael L. Murphy in Support re: #13 Proposed Clerk's Certificate of Default. Document filed by Harp Trading Ltd...(Murphy, Michael)
August 21, 2023 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Michael Murphy to RE-FILE Document #14 Affidavit in Support,. Remove Clerk's Certificate of Default from the Declaration in support. Re-file the document Declaration in support (non-motion) found under the event list Other Answers. (nd)
August 19, 2023 Filing 15 CERTIFICATE OF SERVICE of Request for Clerks Certificate of Default and Declaration in Support served on Birch River Energy, LLC f/k/a Brooks Run Mining Company, LLC on August 19, 2023. Service was made by Mail. Document filed by Harp Trading Ltd...(Murphy, Michael)
August 19, 2023 Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Michael L. Murphy in Support re: #13 Proposed Clerk's Certificate of Default. Document filed by Harp Trading Ltd...(Murphy, Michael) Modified on 8/21/2023 (nd).
August 19, 2023 Filing 13 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Harp Trading Ltd...(Murphy, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/21/2023 (nd).
August 19, 2023 Filing 12 LETTER addressed to Judge Analisa Torres from Michael L. Murphy dated August 19, 2023 re: Diversity of Citizenship. Document filed by Harp Trading Ltd...(Murphy, Michael)
August 19, 2023 Filing 11 LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from Michael L. Murphy dated August 19, 2023. Document filed by Harp Trading Ltd...(Murphy, Michael)
August 18, 2023 Filing 10 AFFIDAVIT OF SERVICE. Birch River Energy, LLC f/k/a Brooks Run Mining Company, LLC served on 7/19/2023, answer due 8/9/2023. Service was accepted by Darlene McGlaughlin, Authorized Agent. Document filed by Harp Trading Ltd...(Murphy, Michael)
July 11, 2023 Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Avanza Trading Ltd. for Harp Trading Ltd.. Document filed by Harp Trading Ltd...(Murphy, Michael)
July 11, 2023 Filing 8 ELECTRONIC SUMMONS ISSUED as to Birch River Energy, LLC f/k/a Brooks Run Mining Company, LLC. (sj)
July 11, 2023 Opinion or Order Filing 7 INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by September 4, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 7/11/2023) (kv)
July 11, 2023 Opinion or Order Filing 6 ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 7/11/2023) (kv)
July 11, 2023 Opinion or Order Filing 5 ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 7/11/2023) (kv)
July 10, 2023 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Birch River Energy, LLC f/k/a Brooks Run Mining Co., LLC, re: #1 Complaint,. Document filed by Harp Trading Ltd...(Murphy, Michael)
July 7, 2023 Magistrate Judge Ona T. Wang 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)
July 7, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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)
July 7, 2023 Case Designated ECF. (pc)
July 7, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Lee Murphy to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name is incorrect;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
July 7, 2023 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Lee Murphy. The following case opening statistical information was erroneously selected/entered: County code XX Out of State;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.;. (pc)
July 6, 2023 Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Birch River Energy, LLC f/k/a Brook Run Mining Company, LLC, re: #1 Complaint,. Document filed by Harp Trading Ltd...(Murphy, Michael) Modified on 7/7/2023 (pc).
July 6, 2023 Filing 2 CIVIL COVER SHEET filed..(Murphy, Michael)
July 6, 2023 Filing 1 COMPLAINT against Birch River Energy, LLC f/k/a Brooks Run Mining Company, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27965496)Document filed by Harp Trading Ltd.. (Attachments: #1 Exhibit A - Coal Purchase and Sale Agreement, #2 Exhibit B - Invoice and Manifest, #3 Exhibit C - BRE Letter to AMS, #4 Exhibit D - 2021 Demand Letter, #5 Exhibit E - BRE Acknowledgement Letter, #6 Exhibit F - 2023 Demand Letter).(Murphy, Michael)

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Plaintiff: Harp Trading Ltd.
Represented By: Michael Lee Murphy
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Defendant: Birch River Energy, LLC f/k/a Brooks Run Mining Company, LLC
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