PIRS Capital, LLC v. Chen
| PIRS Capital, LLC |
| Derrick Chen and Derrick Run Long Chen |
| 1:2023cv10343 |
| November 22, 2023 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1441 nr Notice of Removal |
| None |
Docket Report
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| Document Text |
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| Filing 13 LETTER MOTION to Compel the Court to remand to the Supreme Court of the State of New York addressed to Judge Analisa Torres from Bryan Wolkind dated 01/19/2024. Document filed by PIRS Capital, LLC. (Attachments: #1 Exhibit agreement, #2 Exhibit arbitration award, #3 Exhibit application to confirm award).(Foster, Peter) |
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Filing 12
AFFIRMATION OF SERVICE of Order(ECF #8) served on PIRS Capital LLC on 1/2/24. Service was made by Bryan E. Wolkind |
Filing 11
ORDER: Accordingly: 1. Plaintiff's request to file a motion for remand is GRANTED; 2. By January 23, 2024, Plaintiff shall file its motion for remand, which may be made by letter motion; 3. By February 6, 2024, Defendant shall file his opposition papers; and 4. By February 13, 2024, Plaintiff shall file its reply, if any. SO ORDERED. (Signed by Judge Analisa Torres on 1/2/2024) ( Motions due by 1/23/2024., Replies due by 2/13/2024., Responses due by 2/6/2024) (ks)
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| Filing 10 LETTER addressed to Judge Analisa Torres from Bryan Wolkind dated 01/02/2024 re: Plaintiff's intention to seek remand. Document filed by PIRS Capital, LLC..(Foster, Peter) |
| Filing 9 NOTICE OF APPEARANCE by Peter B. Foster on behalf of PIRS Capital, LLC..(Foster, Peter) |
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Filing 8
ORDER On November 22, 2023, Defendant, Derrick Chen, filed a notice of removal from the Supreme Court of New York, New York County. ECF No. 1; see also ECF No. 7. Accordingly, by January 15, 2024, Plaintiff shall appear in this action and advise the Court whether it intends to contest removal. Defendant shall serve this order on Plaintiff and file proof of service on the docket by January 8, 2024. SO ORDERED. (Signed by Judge Analisa Torres on 12/28/2023) (jca)
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| Filing 7 AMENDED DECLARATION of Derrick Run Long Chen in Support of re: #1 Notice of Removal. Document filed by Derrick Chen. (sc) |
| Filing 6 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Derrick Chen consents to receive electronic service via the ECF system. Document filed by Derrick Chen..(rdz) |
| Filing 5 DECLARATION of Derrick Run Long Chen in Support re: #1 Notice of Removal. Document filed by Derrick Chen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (sac) |
| MAILING RECEIPT: Document No: 4. Mailed to: Derrick Chen 2054 32nd Avenue San Francisco, CA 94116. (mt) |
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Filing 4
ORDER: The Court directs Chen to show cause, by filing a declaration by December 29, 2023, why this action should be not remanded to the state court. Chen's declaration must allege facts demonstrating that the Court has diversity of citizenship jurisdiction of this action. A declaration form is attached to this order. If Chen fails to comply with this order within the prescribed time, the Court will remand this action under 28 U.S.C. 1447(c) to the Supreme Court of the State of New York, County of New York. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to mail a copy of this order to Chen. (Signed by Judge Analisa Torres on 12/19/2023) (rro)
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| 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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Laura Taylor Swain is no longer assigned to the case. (vba) |
| Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 12/13/2023, Receipt Number 24470. (ss) Modified on 12/18/2023 (ss). |
| MAILING RECEIPT: Document No: 2. Mailed to: Derrick Chen 2054 32nd Avenue San Francisco, CA 94116. (sha) |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Chen is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within ten (10) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 12/14/2023. In Forma Pauperis (IFP) Application due by 12/14/2023. (Signed by Judge Laura Taylor Swain on 12/4/2023) (Attachments: #1 Supplement IFP application) (scn)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (laq) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 655212/2023. Document filed by Derrick Chen. (sac) |
| Case Designated ECF. (sac) |
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