608941 NJ INC. v. Simpson et al
| 608941 NJ INC. |
| JEFFREY SIMPSON, JJ Arch LLC and Arch Real Estate Holdings LLC |
| 1:2023cv08966 |
| October 12, 2023 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Other Statutory Actions |
| 28 U.S.C. § 1441 nr Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a STATUS CONFERENCE proceeding held on 10/27/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(js) |
| Filing 30 TRANSCRIPT of Proceedings re: STATUS CONFERENCE held on 10/27/2023 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Adrienne Mignano, 92120 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/22/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/30/2024. (js) |
| Filing 29 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Arch Real Estate Holdings LLC, JJ Arch LLC, Jeffrey Simpson. Document filed by 608941 NJ INC.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Thorne, Leslie) |
| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Order to show Cause Hearing for a Preliminary Injunction held on 10/25/2023. See Docket No. 28 for complete details. (tdh) |
Filing 28
ORDER: Pursuant to today's conference, the temporary restraining order is EXTENDED to November 2, 2023. The parties are ORDERED to file a join status report on or before October 31, 2023. The Court will hold a telephonic conference in this action for a preliminary injunction on November 2, 2023 at 3PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660) ( Telephone Conference set for 11/2/2023 at 03:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 10/25/2023) (ate)
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| Filing 27 NOTICE OF APPEARANCE by Richard Kanowitz on behalf of 608941 NJ INC...(Kanowitz, Richard) |
| Filing 26 LETTER addressed to Judge Andrew L. Carter, Jr. from Scott A. Griffin dated October 24, 2023 re: Reply Memorandum of Law. Document filed by Arch Real Estate Holdings LLC..(Griffin, Scott) |
| Filing 25 SUPPLEMENTAL LETTER addressed to Judge Andrew L. Carter, Jr. from Leslie Thorne dated October 24, 2023 re: providing the Court with the transcript of the proceedings that took place before Hon. Joel M. Cohen on October 19, 2023 regarding Oaks motion to appoint a receiver over JJ Arch LLC. Document filed by 608941 NJ INC.. (Attachments: #1 Exhibit A- October 19, 2023 Hearing Transcript of the Motion to Appoint a Receiver in New York State court).(Thorne, Leslie) |
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Filing 24
ORDER: Pursuant to Defendants' telephonic request, Defendants are granted leave to file a sur-reply to Plaintiffs' reply memorandum of law. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/24/2023) (vfr)
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| Filing 23 DECLARATION of Michael Wiener in Support re: #9 EMERGENCY MOTION for Order to Show Cause to Remand of action and, in the alternative, for preliminary injunction and temporary restraining order.. Document filed by 608941 NJ INC.. (Attachments: #1 Exhibit A - JJ Arch Operating Agreement, #2 Exhibit B - The Operative Orders in the JJ Arch Proceeding, #3 Exhibit C - Center Point Capital, #4 Exhibit D - Complete versions of the affected record documents, #5 Exhibit E- Oaks Motion for a Receiver).(Thorne, Leslie) |
| Filing 22 REPLY MEMORANDUM OF LAW in Support re: #9 EMERGENCY MOTION for Order to Show Cause to Remand of action and, in the alternative, for preliminary injunction and temporary restraining order. . Document filed by 608941 NJ INC...(Thorne, Leslie) |
| Filing 21 MEMORANDUM OF LAW in Opposition re: #9 EMERGENCY MOTION for Order to Show Cause to Remand of action and, in the alternative, for preliminary injunction and temporary restraining order. . Document filed by Arch Real Estate Holdings LLC..(Milin, Richard) |
| Filing 20 DECLARATION of Richard K. Milin in Opposition re: #9 EMERGENCY MOTION for Order to Show Cause to Remand of action and, in the alternative, for preliminary injunction and temporary restraining order.. Document filed by Arch Real Estate Holdings LLC..(Milin, Richard) |
| Filing 19 DECLARATION of Jeffrey Simpson in Opposition re: #9 EMERGENCY MOTION for Order to Show Cause to Remand of action and, in the alternative, for preliminary injunction and temporary restraining order.. Document filed by Arch Real Estate Holdings LLC..(Milin, Richard) |
| Filing 18 MEMORANDUM OF LAW in Opposition re: #9 EMERGENCY MOTION for Order to Show Cause to Remand of action and, in the alternative, for preliminary injunction and temporary restraining order. . Document filed by JJ Arch LLC..(Israel, Sam) |
| Filing 17 NOTICE of consent to removal. Document filed by JJ Arch LLC..(Israel, Sam) |
| Filing 16 LETTER addressed to Judge Andrew L. Carter, Jr. from Aishlinn Bottini dated October 17, 2023 re: Proof of completion of service to all defendants of (i) the Complaint and its exhibits (as filed in the New York Supreme Court); (ii) the Motion (ECF Nos. 3-5); and (iii) the Order (ECF No. 13) pursuant to the Order dated October 6, 2023 (ECF No.:13). Document filed by 608941 NJ INC.. (Attachments: #1 Exhibit A- An affidavit of service accepted by Nancy Dougherty as an authorized representative fromthe New York Department of State on behalf of Defendant JJ Arch LLC, #2 Exhibit B- A waiver of service accepted by Scott Anthony Griffin, Esq., on behalf of Defendant Arch Real Estate Holdings LLC, #3 Exhibit C- A waiver of service accepted by Israel P. Sam, Esq., on behalf of Defendant Jeffrey Simpson).(Bottini, Aishlinn) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by JJ Arch LLC..(Israel, Sam) |
| Filing 14 NOTICE OF APPEARANCE by Sam Peter Israel on behalf of JJ Arch LLC..(Israel, Sam) |
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Filing 13
ORDER. The TRO enjoining Defendants during the pendency of this action from filing, acquiescing to, consenting to or taking of any "Bankruptcy Action" is hereby GRANTED. The TRO granting immediate access to Plaintiff to the books and records of AREH and the Applicable Entities described in Plaintiff's September 18, 2023 letter (the "Demand Letter") from January 1, 2020 to the present, is hereby DENIED. Defendants are ORDERED to show cause why an order should not be issued (1) granting a PI enjoining Defendants during the pendency of this action from filing, acquiescing to, consenting to or taking of any "Bankruptcy Action," and (2) granting immediate access to Plaintiff to the books and records of AREH and the Applicable Entities described in Plaintiffs September 18, 2023 letter (the "Demand Letter") from January 1, 2020 to the present. The TRO remanding this case is hereby DENIED. Defendants are ORDERED to show cause why an order should not be issued granting a PI remanding the case. The parties must address the four-factor test set forth in Gunn v. Minton, 568 U.S. 251, 256 (2013) and Grable & Sons Metal Prod., Inc. v. Darue Eng'g & Mfg., 545 U.S. 308, 312 (2005). Plaintiff is ORDERED to serve its Complaint and Motion, ECF Nos. 3-5, and this order to show cause on Defendants by October 17, 2023 and file proof of service by that date. Plaintiff is directed to deliver courtesy copies to Chambers. Defendants are ORDERED to file a response to this order to show cause by October 20, 2023. Plaintiff's reply, if any, must be filed by October 23, 2023. The Court will hold a telephonic conference in this action for a preliminary injunction on October 25, 2023 at 3:30PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). SO ORDERED. ( Show Cause Response due by 10/20/2023.), Motions terminated: #3 EMERGENCY MOTION to Remand of action and, in the alternative, for preliminary injunction and temporary restraining order. filed by 608941 NJ INC., #9 EMERGENCY MOTION for Order to Show Cause to Remand of action and, in the alternative, for preliminary injunction and temporary restraining order. filed by 608941 NJ INC.. (Signed by Judge Andrew L. Carter, Jr on 10/13/23) (yv)
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| Set/Reset Deadlines: ( Replies due by 10/23/2023., Service due by 10/17/2023.), Set/Reset Hearings:( Telephone Conference set for 10/25/2023 at 03:30 PM before Judge Andrew L. Carter Jr..) (yv) |
| Filing 12 CIVIL COVER SHEET filed..(Griffin, Scott) |
| Filing 11 MEMORANDUM OF LAW in Support re: #9 EMERGENCY MOTION for Order to Show Cause to Remand of action and, in the alternative, for preliminary injunction and temporary restraining order. . Document filed by 608941 NJ INC...(Thorne, Leslie) |
| Filing 10 DECLARATION of Leslie C. Thorne in Support re: #9 EMERGENCY MOTION for Order to Show Cause to Remand of action and, in the alternative, for preliminary injunction and temporary restraining order.. Document filed by 608941 NJ INC.. (Attachments: #1 Exhibit A- Oak's complaint in the Removed Case and the exhibits, #2 Exhibit B- Oak's emergency order to show cause and related filings in the Removed Case, #3 Exhibit C- October 11, 2023 letter).(Thorne, Leslie) |
| Filing 9 EMERGENCY MOTION for Order to Show Cause to Remand of action and, in the alternative, for preliminary injunction and temporary restraining order. Document filed by 608941 NJ INC...(Thorne, Leslie) |
| Filing 8 NOTICE OF APPEARANCE by Richard Kolb Milin, I on behalf of Arch Real Estate Holdings LLC..(Milin, Richard) |
| Filing 7 NOTICE OF APPEARANCE by Scott Anthony Griffin on behalf of Arch Real Estate Holdings LLC..(Griffin, Scott) |
| Filing 6 NOTICE OF APPEARANCE by Aishlinn R Bottini on behalf of 608941 NJ INC...(Bottini, Aishlinn) |
| Filing 5 MEMORANDUM OF LAW in Support re: #3 EMERGENCY MOTION to Remand of action and, in the alternative, for preliminary injunction and temporary restraining order. . Document filed by 608941 NJ INC...(Thorne, Leslie) |
| Filing 4 DECLARATION of Leslie C. Thorne in Support re: #3 EMERGENCY MOTION to Remand of action and, in the alternative, for preliminary injunction and temporary restraining order.. Document filed by 608941 NJ INC.. (Attachments: #1 Exhibit A- Oak's complaint in the Removed Case and the exhibits, #2 Exhibit B- Oak's emergency order to show cause and related filings in the Removed Case, #3 Exhibit C- October 11, 2023 letter).(Thorne, Leslie) |
| Filing 3 EMERGENCY MOTION to Remand of action and, in the alternative, for preliminary injunction and temporary restraining order. Document filed by 608941 NJ INC...(Thorne, Leslie) |
| Filing 2 NOTICE OF APPEARANCE by Leslie C Thorne on behalf of 608941 NJ INC...(Thorne, Leslie) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(vf) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Scott Anthony Griffin. The party information for the following party/parties has been modified: JEFFREY SIMPSON. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) |
| 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. (vf) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Scott Anthony Griffin. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 654963/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-28415832).Document filed by Arch Real Estate Holdings LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Supplement Corporate Disclosure Statement, #3 Exhibit Ex. A (Group 1) - State Court Docket, #4 Exhibit Ex. A (Group 2) - State Court Docket, #5 Exhibit Ex. A (Group 3) - State Court Docket, #6 Exhibit Ex. A (Group 4) - State Court Docket, #7 Exhibit Ex. A (Group 5) - State Court Docket, #8 Exhibit Ex. B - State Court Notice).(Griffin, Scott) |
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