Brighton Capital Advisors, LLC v. Cyruli Shanks & Zizmor LLP et al
| Brighton Capital Advisors, LLC |
| Cyruli Shanks & Zizmor LLP and 693 Fifth Owner LLC |
| 1:2023cv06983 |
| August 8, 2023 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on October 5, 2023. A more recent docket listing may be available from PACER.
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| Filing 23 ANSWER to #18 Amended Complaint with JURY DEMAND. Document filed by 693 Fifth Owner LLC..(Temchin, Jonathan) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Namlac, Inc. for 693 Fifth Owner LLC. Document filed by 693 Fifth Owner LLC..(Temchin, Jonathan) |
| Filing 21 ANSWER to #18 Amended Complaint. Document filed by Cyruli Shanks & Zizmor LLP..(Ruderman, Jeffrey) |
| Filing 20 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cyruli Shanks & Zizmor LLP..(Ruderman, Jeffrey) |
| Filing 19 LETTER addressed to Judge P. Kevin Castel from Jamie Burke dated September 15, 2023 re: ECF 12: Unsealing the unredacted Complaint & Amended Complaint. Document filed by Brighton Capital Advisors, LLC. (Attachments: #1 Exhibit Emails between counsel for 693 Fifth Owner LLC).(Burke, Jamie) |
| Filing 18 AMENDED COMPLAINT amending #1 Complaint against 693 Fifth Owner LLC, Cyruli Shanks & Zizmor LLP with JURY DEMAND.Document filed by Brighton Capital Advisors, LLC. Related document: #1 Complaint..(Burke, Jamie) |
Filing 17
ORDER granting #16 Letter Motion for Extension of Time to Answer re #16 FIRST LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge P. Kevin Castel from Jonathan E. Temchin dated September 1, 2023., #1 Complaint. Defendants' time to answer, move or otherwise respond is extended to October 5, 2023 SO ORDERED. 693 Fifth Owner LLC answer due 10/5/2023. (Signed by Judge P. Kevin Castel on 9/1/2023) (tg)
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| Filing 16 FIRST LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge P. Kevin Castel from Jonathan E. Temchin dated September 1, 2023. Document filed by 693 Fifth Owner LLC..(Temchin, Jonathan) |
| Filing 15 NOTICE OF APPEARANCE by Jonathan Temchin on behalf of 693 Fifth Owner LLC..(Temchin, Jonathan) |
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Filing 14
ORDER: granting #11 Letter Motion for Extension of Time to Answer re #11 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint. addressed to Judge P. Kevin Castel from Jeffrey C. Ruderman dated August 29, 2023. Time to respond to complaint extended to September 29, 2023. The initial conference is scheduled for October 19, 2023 at 10:30 a.m. in Courtroom 11D. SO ORDERED. Cyruli Shanks & Zizmor LLP answer due 9/29/2023. (Signed by Judge P. Kevin Castel on 8/30/2023) (ama)
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Filing 13
ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, October 19, 2023 at 10:30 a.m. Principal trial counsel shall appear at this and all subsequent conferences. and as set forth herein. SO ORDERED. Initial Conference set for 10/19/2023 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 8/30/2023) (ama)
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Filing 12
ORDER: Here, the Complaint fails to allege the citizenship of the constituent members of plaintiff mid defendants. The state citizenship of a natural person is the person's domicile. A person may reside in several states but only one state is their domicile. A corporation has potentially two states of citizenship, the state where it is incorporated and the state where it has itsprincipal place of business; both must be alleged. Within 7 days of this Order, plaintiff may serve upon defendants an interrogatory limited to the citizenship of all natural persons who are their members, and, if any corporation is a member, the jurisdiction under whose laws it is incorporated and the principal place of business. Defendants shall have 7 days to respond to the interrogatories. Within 30 days of this Order, plaintiff shall amend the Complaint to correctly allege the citizenship of all parties. Failure to adequately amend the Complaint will result in dismissal for lack of subject matter jurisdiction. This is a garden variety action by a financial advisory firm for the recovery of sums allegedly due and owing as a success fee. Let the parties show cause in writing within 14 days why the unredacted Complaint ought not be filed on the public record. A desire to keep an entity's pricing and fee structure confidential from the prying eyes of other customers or competitors isgenerally an insufficient basis for sealing. The result is not altered by a mere contractual pledge of confidentiality. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-120 (2d Cir. 2006). and as set forth herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/30/2023) (ama)
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| Filing 11 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge P. Kevin Castel from Jeffrey C. Ruderman dated August 29, 2023. Document filed by Cyruli Shanks & Zizmor LLP..(Ruderman, Jeffrey) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. 693 Fifth Owner LLC served on 8/14/2023, answer due 9/5/2023. Service was accepted by Sue Zouky. Document filed by Brighton Capital Advisors, LLC..(Burke, Jamie) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. Cyruli Shanks & Zizmor LLP served on 8/14/2023, answer due 9/5/2023. Service was accepted by Sue Zouky. Document filed by Brighton Capital Advisors, LLC..(Burke, Jamie) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to 693 Fifth Owner LLC. (vf) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Cyruli Shanks & Zizmor LLP. (vf) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to 693 Fifth Owner LLC, re: #1 Complaint. Document filed by Brighton Capital Advisors, LLC..(Burke, Jamie) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Cyruli Shanks & Zizmor LLP, re: #1 Complaint. Document filed by Brighton Capital Advisors, LLC..(Burke, Jamie) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brighton Capital Advisors, LLC..(Burke, Jamie) |
| Filing 3 SEALED DOCUMENT placed in vault. (nmo) |
| Filing 2 CIVIL COVER SHEET filed. (vf) (jgo). |
| Filing 1 COMPLAINT against 693 Fifth Owner LLC, Cyruli Shanks & Zizmor LLP. (Filing Fee $ 402.00, Receipt Number 19527)Document filed by Brighton Capital Advisors, LLC.(vf) (jgo). |
| Magistrate Judge Sarah Netburn 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. (vf) |
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ORDER REDACTING PLEADING FILED IN 23-MC-259. (vf)
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| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jamie Nicole Burke for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #2 Civil Cover Sheet, #1 Complaint to: caseopenings@nysd.uscourts.gov. (vf) |
| Case Designated ECF. (vf) |
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