Miller v. Oscar Gruss & Son, Inc.
| Frank Miller |
| Oscar Gruss & Son, Inc. |
| 1:2024cv00239 |
| January 11, 2024 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Other Statutory Actions |
| 09 U.S.C. § 201 Enforcement of Convention |
| None |
Docket Report
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This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.
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| Filing 24 MEMORANDUM OF LAW in Support re: #23 MOTION to Remand and for Fees and Costs. . Document filed by Frank Miller..(Scarola, Richard) |
| Filing 23 MOTION to Remand and for Fees and Costs. Document filed by Frank Miller..(Scarola, Richard) |
| Filing 22 LETTER addressed to Judge Mary Kay Vyskocil from Michael L. Kenny Jr. dated February 12, 2024 re: Response to Order (ECF 21). Document filed by Oscar Gruss & Son, Inc...(Kenny, Michael) |
Filing 21
ORDER: IT IS HEREBY ORDERED that the status conference scheduled for February 13, 2024 at 11:30 AM is ADJOURNED sine die. IT IS FURTHER ORDERED that by close of business today, February 12, 2024, Defendant shall file a letter advising the Court whether it has consented to remand. [See ECF No. 8 at 3]. In the event Defendant does not consent to remand, the briefing schedule on Plaintiff's anticipated motion to remand shall be as follows: motion due February 27, 2024; opposition due March 12, 2024; and reply due March 19, 2024. IT IS FURTHER ORDERED that the deadlines for remaining briefing on Plaintiff's motion for summary judgment are ADJOURNED pending the Courts resolution of any motion to remand. [See ECF No. 9]. Any request for extension shall be made by letter filed to ECF no later than 48 hours before the deadline. SO ORDERED. ( Motions due by 2/27/2024., Responses due by 3/12/2024, Replies due by 3/19/2024.) (Signed by Judge Mary Kay Vyskocil on 2/12/2024) (tg)
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| Filing 20 NOTICE OF APPEARANCE by Joshua D. Lang on behalf of Oscar Gruss & Son, Inc...(Lang, Joshua) |
| Filing 19 NOTICE OF APPEARANCE by Jonathan Childers on behalf of Oscar Gruss & Son, Inc...(Childers, Jonathan) |
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Filing 18
ORDER granting #16 Motion for Joshua D Lang to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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Filing 17
ORDER granting #15 Motion for Jonathan R Childers to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Jonathan R Childers to Appear Pro Hac Vice receipt number ANYSDC-28854041. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Joshua D Lang to Appear Pro Hac Vice receipt number BNYSDC-28854141. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
| Filing 16 MOTION for Joshua D Lang to Appear Pro Hac Vice receipt number BNYSDC-28854141. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oscar Gruss & Son, Inc.. (Attachments: #1 Affidavit Affidavit of Joshua D. Lang in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Supreme Court of Texas Certificate of Good Standing, #3 Proposed Order Order for Admission Pro Hac Vice).(Patton, Christopher) |
| Filing 15 MOTION for Jonathan R Childers to Appear Pro Hac Vice receipt number ANYSDC-28854041. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oscar Gruss & Son, Inc.. (Attachments: #1 Affidavit Affidavit of Jonathan R. Childers in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Supreme Court of Texas Certificate of Good Standing, #3 Proposed Order Order for Admission Pro Hac Vice).(Patton, Christopher) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #13 MOTION for Jonathan R. Childers to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-28854041 Motion and supporting papers to be reviewed by Clerk's Office staff., #14 MOTION for Joshua D. Lang to Appear Pro Hac Vice Filing fee $ 200.00, receipt number BNYSDC-28854141. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filings are deficient for the following reason(s): the motion was not signed - please call Attorney Services at 212.805.0800, ext. 2 for assistance. 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. (laq) |
| ***DELETED DOCUMENT. Deleted document number #15 Letter. The document was incorrectly filed in this case. (lb) |
| Filing 14 MOTION for Joshua D. Lang to Appear Pro Hac Vice Filing fee $ 200.00, receipt number BNYSDC-28854141. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oscar Gruss & Son, Inc.. (Attachments: #1 Affidavit of Joshua D. Lang, #2 Exhibit A - Texas Certificate of Good Standing, #3 Proposed Order for Admission Pro Hac Vice).(Kenny, Michael) |
| Filing 13 MOTION for Jonathan R. Childers to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-28854041. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oscar Gruss & Son, Inc.. (Attachments: #1 Affidavit of Jonathan R. Childers, #2 Exhibit A - Texas Certificate of Good Standing, #3 Proposed Order for Admission Pro Hac Vice).(Kenny, Michael) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - MOTION for Joshua D. Lang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-28854141. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oscar Gruss & Son, Inc.. (Attachments: #1 Affidavit of Joshua D. Lang, #2 Exhibit A - Texas Certificate of Good Standing, #3 Proposed Order for Admission Pro Hac Vice).(Kenny, Michael) Modified on 1/24/2024 (bc). |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - MOTION for Jonathan R. Childers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28854041. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oscar Gruss & Son, Inc.. (Attachments: #1 Affidavit of Jonathan R. Childers, #2 Exhibit A - Texas Certificate of Good Standing, #3 Proposed Order for Admission Pro Hac Vice).(Kenny, Michael) Modified on 1/24/2024 (bc). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Joshua D. Lang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-28854141. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Wet Signature needed by Attorney;. 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.. (bc) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for Jonathan R. Childers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28854041. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Wet Signature needed by Attorney;. 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.. (bc) |
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Filing 10
ORDER: IT IS HEREBY ORDERED that all parties in this action and are to appear for a status conference on February 13, 2024 at 11:30 AM in Courtroom 18C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007 Status Conference set for 2/13/2024 at 11:30 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 1/22/2024) (rro)
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Filing 9
ORDER granting #7 Letter Motion for Extension of Time to File Response/Reply re #7 LETTER MOTION for Extension of Time to File Response/Reply (for adjournment of defendant's deadline to respond to the Motion for Summary Judgment) addressed to Judge Mary Kay Vyskocil from Michael L. Kenny Jr. dated January 18, 2024. GRANTED. Defendant's deadline to oppose will be determined by the Court pursuant to a briefing schedule to be entered following a status conference in this matter. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 1/22/2024) (rro)
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| Filing 8 LETTER addressed to Judge Mary Kay Vyskocil from Michael Kenny dated January 19, 2024 re: Plaintiff's January 16, 2024 letter concerning removal. Document filed by Oscar Gruss & Son, Inc...(Kenny, Michael) |
| Filing 7 LETTER MOTION for Extension of Time to File Response/Reply (for adjournment of defendant's deadline to respond to the Motion for Summary Judgment) addressed to Judge Mary Kay Vyskocil from Michael L. Kenny Jr. dated January 18, 2024. Document filed by Oscar Gruss & Son, Inc...(Kenny, Michael) |
| Filing 6 LETTER addressed to Judge Mary Kay Vyskocil from Richard J.J. Scarola dated January 16, 2024 re: Improper Removal and Necessity for Remand. Document filed by Frank Miller. (Attachments: #1 Exhibit Westlaw Results from Shepardizing WJ Holding Ltd. v. Shireen Mar. Ltd.).(Scarola, Richard) |
| Filing 5 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Makor Partners, Ltd. for Oscar Gruss & Son, Inc.. Document filed by Oscar Gruss & Son, Inc...(Kenny, Michael) |
| Filing 4 NOTICE OF APPEARANCE by Richard J.J. Scarola on behalf of Frank Miller..(Scarola, Richard) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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) |
| Magistrate Judge James L. Cott 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Makor Partners, Ltd. for Oscar Gruss & Son, Inc.. Document filed by Oscar Gruss & Son, Inc...(Kenny, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Kenny, Michael) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 656122/2023. (Filing Fee $ 405.00, Receipt Number BNYSDC-28801852).Document filed by Oscar Gruss & Son, Inc.. (Attachments: #1 Exhibit 1 - Motion for Summary Judgment and Related Papers Papers received from the NY Secretary of State, #2 Exhibit 2 - Docket Activity in the State Court Action, #3 Exhibit 3 - State Court Action File).(Kenny, Michael) |
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| Plaintiff: Frank Miller | |
| Represented By: | Richard J.J. Scarola |
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| Defendant: Oscar Gruss & Son, Inc. | |
| Represented By: | Michael Leo Kenny, Jr. |
| Represented By: | Christopher W. Patton |
| Represented By: | Jonathan Childers |
| Represented By: | Joshua D. Lang |
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