Bare Body Laser Spa Inc. v. Bankers Healthcare Group, LLC et al
| Bare Body Laser Spa Inc. |
| Bankers Healthcare Group, LLC a/k/a BHC Financial Inc., John M Billings, Bankers Healthcare Group, LLC and BHC Financial Inc. |
| 1:2023cv09951 |
| November 10, 2023 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Contract: Other |
| 28 U.S.C. § 1332 nr Diversity: Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on January 19, 2024. A more recent docket listing may be available from PACER.
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Filing 32
ORDER granting #31 Letter Motion to Adjourn Conference. GRANTED. By January 19, 2024, plaintiff must either oppose defendant's motion to dismiss or file an amended complaint. If plaintiff opposes defendant's motion to dismiss, defendant's reply, if any, shall be served by February 2 2024. If plaintiff amends, defendant must, by February 9, 2024, (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that he relies on the previously filed motion to dismiss. If defendant files a new motion to dismiss or relies on his previous motion, plaintiffs opposition will be due 14 days thereafter, and defendant's reply, if any, will be due seven days after that. (Signed by Judge Paul A. Engelmayer on 12/28/2023) (tg)
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| Set/Reset Deadlines: Amended Pleadings due by 1/19/2024. Motions due by 2/9/2024. Responses due by 1/19/2024 Replies due by 2/2/2024. (tg) |
| Filing 31 LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Engelmayer from James Murphy dated December 26, 2023. Document filed by Bare Body Laser Spa Inc...(Murphy, James) |
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Filing 30
ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by January 5, 2024. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by January 26, 2024, defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that he relies on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by January 5, 2024. Defendant's reply, if any, shall be served by January 19, 2024. At the time any reply is served, the moving party shall supply the Court with a courtesy copy of all motion papers by attaching them as PDF files to a single email addressed to EngelmayerNYSDChambers@nysd.uscourts.gov. Given defendant's pending motion to dismiss, the Court adjourns sine die the initial pretrial conference in this case, and all deadlines related to the conference. The Court will determine later, after receipt of plaintiffs anticipated brief opposing a motion to dismiss the current or amended complaint, whether to schedule oral argument. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/15/2023) ( Amended Pleadings due by 1/5/2024., Motions due by 1/26/2024.) (ks)
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| Filing 29 LETTER MOTION for Oral Argument on Motion to Dismiss [Index 24] addressed to Judge Paul A. Engelmayer from Defendant John Billings dated 12/15/2023. Document filed by John M Billings..(Steckler, Jon) |
| Filing 28 PROPOSED ORDER. Document filed by John M Billings. Related Document Number: #24 ..(Steckler, Jon) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 27 DECLARATION of John Billings in Support re: #24 MOTION to Dismiss Plaintiff's Complaint.. Document filed by John M Billings. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Steckler, Jon) |
| Filing 26 DECLARATION of Jon R Steckler in Support re: #24 MOTION to Dismiss Plaintiff's Complaint.. Document filed by John M Billings. (Attachments: #1 Exhibit 1).(Steckler, Jon) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss Plaintiff's Complaint. . Document filed by John M Billings..(Steckler, Jon) |
| Filing 24 MOTION to Dismiss Plaintiff's Complaint. Document filed by John M Billings..(Steckler, Jon) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #28 Proposed Order was reviewed and approved as to form. (tp) |
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Filing 23
STIPULATION OF VOLUNTARY DISMISSAL OF DEFENENDANT BANKERS HEALTHCARE GROUP, LLC a/k/a BHG FINANCIAL: IT IS HEREBY STIPULATED AND AGREED, by nod between the undersigned, the attorneys of record for the parties to the above entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above entitled action be, and the same hereby is, dismissed against BANKERS HEALTH CARE GROUP, LLC, with prejudice and without costs to any party as against the other pursuant to the Federal Rules of Civil Procedure 41 (a)(1)(A)(ii). This stipulation can be executed in counterparts and when taken as a whole; shall constitute a fully executed stiplation. Facsimile and/or electronic signatures shall be deemed original signatures. This stipulation may be filed without further notice with the Clerk of the Court. GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/14/2023) Bankers Healthcare Group, LLC terminated. (ks)
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| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #22 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Paul A. Engelmayer for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
| Filing 22 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Bankers Healthcare Group, LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bankers Healthcare Group, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Ivy, Svetlana) |
| Filing 21 NOTICE OF APPEARANCE by John Christopher Henschel on behalf of John M Billings..(Henschel, John) |
| Filing 20 NOTICE of Order Doc 19 re: #19 Order,,, Set Deadlines,,. Document filed by John M Billings. (Attachments: #1 Affidavit Certificate of Service).(Steckler, Jon) |
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Filing 19
ORDER: To be clear, the Court has not reached a definitive conclusion on this issue. Indeed, in any case, the Court lacks the power to remand sua sponte for such a defect. See Wright & Miller, Federal Practice and Procedure 3739.2 (4th ed.). The Court merely raises this concern to ensure the focused attention of counsel. The Court reminds plaintiff that any motion to remand the action to state court must be filed within 30 days of removal (that is, by December 10, 2023). See 28 U.S.C. 1447(c). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/30/2023) ( Motions due by 12/10/2023.) (ks)
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Filing 18
STIPULATION FURTHER EXTENDING TIME TO ANSWER OR MOVE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record that the time within which all defendants may answer or otherwise move with respect to the Summons and Complaint served in this action is extended up to and including December 15, 2023. IT IS HEREBY FURTHER STIPULATED AND AGREED, that all pre-conference materials will be submitted by December 22, 2023 and the parties request that the Initial Pre-Trial Conference be adjourned to a date thereafter. IT IS HEREBY FURTHER STIPULATED AND AGREED, that facsimile and electronic signatures will have the same effect as original signatures. GRANTED. The Court reschedules the initial pretrial conference in this case to January 5, 2024 at 3:30 p.m. ; preconference materials are to be submitted by January 3, 2024. SO ORDERED., Motions terminated: #17 MOTION for Extension of Time to File Answer or Move. filed by John M Billings., (Signed by Judge Paul A. Engelmayer on 11/29/2023) Bankers Healthcare Group, LLC answer due 12/15/2023; John M Billings answer due 12/15/2023.( Initial Conference set for 1/5/2024 at 03:30 PM before Judge Paul A. Engelmayer.) (ks)
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| Filing 17 MOTION for Extension of Time to File Answer or Move. Document filed by John M Billings..(Steckler, Jon) |
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Filing 16
ORDER granting #15 Motion for Jon R. Steckler to Appear Pro Hac Vice. SO ORDERED.. (Signed by Judge Paul A. Engelmayer on 11/28/2023) (ks)
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| Filing 15 MOTION for Jon R. Steckler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John M Billings. (Attachments: #1 Affidavit Declaration of Samantha M. Diorio, Esq., #2 Affidavit Declaration of Jon Steckler, Esq., #3 Exhibit Certificates of Good Standing, #4 Proposed Order Proposed Order).(Diorio, Samantha) |
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Filing 14
ORDER granting #13 Motion for J. Christopher Henschel to Appear Pro Hac Vice. Upon fulfilling the requirements set forth in Local Rule 83.1 of the Southern District of New York, J. Christopher Henschel, Esq., is hereby accepted for pro hac vice admission to practice in the United States District Court for the Southern District of New York for the above captioned matter. SO ORDERED.. (Signed by Judge Paul A. Engelmayer on 11/27/2023) (ks)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Jon R. Steckler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 13 MOTION for J. Christopher Henschel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28599563. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John M Billings. (Attachments: #1 Affidavit Declaration of Samantha M. Diorio, Esq., #2 Affidavit Declaration of J. Christopher Henschel, Esq., #3 Exhibit Certificates of Good Standing, #4 Proposed Order Proposed Order).(Diorio, Samantha) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jon Steckler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John M Billings. (Attachments: #1 Affidavit Declaration of Samantha M. Diorio, Esq., #2 Affidavit Declaration of Jon Steckler, Esq., #3 Exhibit Certificates of Good Standing, #4 Proposed Order Proposed Order).(Diorio, Samantha) Modified on 11/21/2023 (sgz). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for Jon Steckler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28589573. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of South Dakota;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Jon Steckler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of South Dakota (not State Bar). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for J. Christopher Henschel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28599563. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jon Steckler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28589573. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John M Billings. Return Date set for 11/27/2023 at 09:00 AM. (Attachments: #1 Affidavit Declaration of Samantha M. Diorio, Esq., #2 Affidavit Declaration of Jon Steckler, Esq., #3 Proposed Order Proposed Order).(Diorio, Samantha) Modified on 11/21/2023 (vba). |
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Filing 10
STIPULATION EXTENDING TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record that the time within which the defendant, John M. Billings, may answer or otherwise move with respect to the Summons and Complaint served in this action is extended up to and including December 1, 2023. IT IS HEREBY FURTHER STIPULATED AND AGREED, that facsimile and electronic signatures will have the same effect as original signatures. Granted. The Court sua sponte reschedules the IPTC in this case to December 8, 2023 at 11:30 a.m.; all pre-conference materials are due December 4, 2023. SO ORDERED. Motions terminated: #9 MOTION for Extension of Time to File Answer extended up to and including December 1, 2023. filed by John M Billings. John M Billings answer due 12/1/2023.( Initial Conference set for 12/8/2023 at 11:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 11/16/2023) (tg)
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| Filing 9 MOTION for Extension of Time to File Answer extended up to and including December 1, 2023. Document filed by John M Billings..(Diorio, Samantha) |
| Filing 8 NOTICE of Initial Pre-Trial Conference re: #7 Order for Initial Pretrial Conference,,,. Document filed by John M Billings..(Diorio, Samantha) |
| Filing 7 NOTICE OF INITIAL PRETRIAL CONFERENCE: An initial pretrial conference is hereby scheduled for November 30, 2023 at 11:30 a.m. This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound(#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. By the date of the initial pretrial conference, counsel for all parties are required to register as filing users in accordance with the Procedures for Electronic Case Filing. Initial Conference set for 11/30/2023 at 11:30 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 11/13/2023) (kv) |
| Filing 6 CIVIL COVER SHEET filed..(Diorio, Samantha) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Samantha Mary Diorio to RE-FILE Document No. #4 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; the incorrect Jury Demand code was selected;. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Samantha Mary Diorio. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1446; Arbitration code e (Exempt); County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Arbitration code has been deleted; the County code has been modified to XX Out of State;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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) |
| Magistrate Judge Gary Stein is designated to handle matters that may be referred in this case. 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) |
| Case Designated ECF. (jgo) |
| Filing 5 DEMAND for Trial by Jury. Document filed by John M Billings.(Diorio, Samantha) |
| Filing 4 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Diorio, Samantha) Modified on 11/13/2023 (jgo). |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by John M Billings..(Diorio, Samantha) |
| Filing 2 NOTICE OF APPEARANCE by Samantha Mary Diorio on behalf of John M Billings..(Diorio, Samantha) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 654898/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-28553308).Document filed by John M Billings. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit BHG Info, #3 Exhibit BHG Info, #4 Exhibit BHG Info).(Diorio, Samantha) |
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