Pirs Capital, LLC v. Lantern of Saybrook, Inc. et al
| PIRS Capital, LLC |
| Lantern of Saybrook, Inc., Orcus Systems and Solutions Inc. and Nesian J. Makesh |
| Nesian Makesh |
| 1:2023cv10673 |
| December 7, 2023 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Contract: Other |
| 28 U.S.C. § 1441 nr Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on January 4, 2024. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 1/4/2024. Decision: Conference held. Submitted by: Adam King. (mde) |
| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1z E22 E53 021005 496 2 on 1/5/24.(yv) |
Filing 10
ORDER REMANDING CASE . This court is concerned only with the issue of remand. The parties have agreed that the case should be remanded to the New York State Supreme Court. I will, therefore, sign their stipulation. However, the fact that I have signed off on the stipulation is solely in order to direct the Clerk to send the file back across the street. Nothing in my signature should be taken as any indication that the New York State Supreme Court cannot set its own schedule in this matter. (Signed by Judge Colleen McMahon on 1/4/24) BY ECF TO ALL COUNSEL. (yv) Modified on 1/4/2024 (yv).
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Filing 9
STIPULATION & ORDER TO REMAND. IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and Defendant that: The within action shall be remanded back to the Supreme Court of the State of New York, County of New York (under index Number 655420/2023). Plaintiff shall have thirty (30) days to reply, respond or otherwise move with respect to Defendant's counterclaims, measured from the date of the filing of a "so ordered" copy of the within stipulation with the Supreme Court of the State of New York, County of New York. Upon remand and with respect to Defendant's RICO counterclaim, Plaintiff agrees that it will not assert that the Supreme Court of the State of New York lacks jurisdiction to hear Defendant's RICO counterclaim. However, Plaintiff reserves all other rights with respect to Defendant's RICO counterclaim including, but not limited to, moving to dismiss said counterclaim on the ground that it fails to set forth a valid cause of action and/or a claim upon which relief may be granted. In the event of any such dismissal of Defendant's RICO counterclaim, Defendant reserves the right, to the extent it has any such right, to commence a separate action alleging its RICO claims, including in federal court should appropriate jurisdiction exist; however, nothing contained herein should be construed as Plaintiff consenting to Defendant commencing any such separate action alleging its RICO claims, or as Plaintiff agreeing that Defendant has right to commence any such separate action alleging its RICO claims. SO ORDERED. (Signed by Judge Colleen McMahon on 1/4/24) (yv) Transmission to Docket Assistant Clerk for processing.
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Filing 8
MEMO ENDORSEMENT on re: #7 Proposed Stipulation and Order filed by Nesian Makesh. ENDORSEMENT: Telephone Conference in this case ASAP 1/4/2024 at 11:30 AM., ( Telephone Conference set for 1/4/2024 at 11:30 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 1/3/24) (yv)
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| Filing 7 PROPOSED STIPULATION AND ORDER. Document filed by Nesian Makesh..(Wood, Michael) |
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Filing 6
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED as follows: Counsel receiving this order shall contact all counsel of record (or where a party is not yet represented, such party) and, if necessary, provide them with a copy of this order. Except as noted in Paragraph 5 below, counsel for all parties are directed to confer complete and sign the attached "Civil Case Management Plan" and to fax it to the Court within thirty (30) days. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided ( at least two business days before the conference date) the parties must appear at a conference on 3/7/2024 at 10:00 a.m., in courtroom 24A, 500 Pearl Street, New York, New York, 10007. (Initial Conference set for 3/7/2024 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 12/13/23) (yv)
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| Filing 5 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 655420/2023..Document filed by Nesian Makesh. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Affidavit of Service, #3 Exhibit Order Appointing Receiver).(Wood, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Robert Wood to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. Pursuant to ECF Filing Rule 13.3, Notice of Removal exhibits must be filed as attachments and labeled. Each attachment must be clearly titled in the ECF entry so the subject of the exhibit is clear. They cannot be labeled "Exhibit A, Exhibit B, etc.". Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Robert Wood. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Citizenship Plaintiff code 1 (Citizen of This State); County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1441nr; the Citizenship Plaintiff code has been modified to 4 (Incorporated/Principal Place of Business-This State); the County code has been modified to XX Out of State;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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) |
| Case Designated ECF. (pc) |
| Magistrate Judge Sarah Netburn 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Robert Wood. The party information for the following party/parties has been modified: PIRS CAPITAL, LLC, Lantern of Saybrook, Inc., Orcus Systems and Solutions Inc., Nesian Makesh. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; alias party name was omitted;. (pc) |
| Filing 4 CIVIL COVER SHEET filed..(Wood, Michael) |
| Filing 3 ANSWER to Complaint., COUNTERCLAIM against PIRS CAPITAL, LLC. Document filed by Nesian Makesh..(Wood, Michael) |
| Filing 2 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nesian Makesh..(Wood, Michael) |
| Filing 1 FILING ERROR - PDF ERROR - NOTICE OF REMOVAL from Supreme Court, County of New York County. Case Number: 655420/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-28664815).Document filed by Nesian Makesh..(Wood, Michael) Modified on 12/8/2023 (pc). |
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