Rome v. McNally et al
| Jason Rome |
| Michael McNally, Peak Ridge Capital Group, Inc and PR Vision Holdings, LLC |
| 1:2024cv01647 |
| March 4, 2024 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 38 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) Michael McNally, PR Vision Holdings, LLC, Peak Ridge Capital Group, Inc. Document filed by Jason Rome. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Volpe, Christopher) |
| Filing 37 NOTICE OF APPEARANCE by Christopher D. Volpe on behalf of Jason Rome..(Volpe, Christopher) |
Filing 36
ORDER Accordingly, it is hereby ORDERED that, on or before March 15, 2024, the Plaintiff shall amend his Complaint to allege the citizenship of each constituent person or entity comprising the Defendant LLC as well as the citizenship of all individual parties. If, by that date, the Plaintiff is unable to amend the Complaint to truthfully allege complete diversity of citizenship, then the Complaint will be dismissed for lack of subject matter jurisdiction without further notice to either party. If Plaintiff so amends his Complaint by March 15, 2024, then the Court will set an initial conference and the case will proceed. SO ORDERED. ( Amended Pleadings due by 3/15/2024.) (Signed by Judge Jennifer L. Rochon on 3/5/2024) (jca)
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| Filing 35 CASE TRANSFERRED IN from the United States District Court - District of Massachusetts; Case Number: 1:23-cv-10747. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Jennifer L. Rochon. 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..(vba) |
| Magistrate Judge Jennifer Willis 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) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| Case Designated ECF. (vba) |
| Filing 34 Case transferred to the District of New York (Southern). Case File Electronically Transferred to the Clerk in that District on February 26, 2024. (Paine, Matthew) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 33 Judge William G. Young ORDER entered: MEMORANDUM AND ORDER Defendants motion to transfer to the United States District Court for the Southern District of New York, pursuant to 28 U.S.C. 1404(a), ECF No. #16 , is ALLOWED, and its alternative motion to dismiss on the grounds of forum non conveniens is DENIED. In light of this ruling, Romes motion to attach real estate, ECF No. #10 , is DENIED without prejudice to his seeking equitable relief in the Southern District of New York. (Sonnenberg, Elizabeth) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 32 MEMORANDUM in Opposition re #29 MOTION for Leave to File Amended Complaint filed by Michael McNally, PR Vision Holdings, LLC, Peak Ridge Capital Group, Inc. (Gallitano, Thomas) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 31 STATUS REPORT Jointly Filed by All Parties by Michael McNally, PR Vision Holdings, LLC, Peak Ridge Capital Group, Inc. (Gallitano, Thomas) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 30 MEMORANDUM in Support re #29 MOTION for Leave to File Amended Complaint filed by Jason Rome. (Gaudet, Jennifer) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 29 MOTION for Leave to File Amended Complaint by Jason Rome. (Attachments: #1 Exhibit A - Amended Complaint, #2 Plaintiff's Memorandum in Support of his Motion for Leave to Amend the Complaint)(Kendall, Michael) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 28 ELECTRONIC NOTICE of Reassignment. Judge William G. Young added. Judge Rya W. Zobel no longer assigned to case. (McDonagh, Christina) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 27 Response by Jason Rome to Defendant McNally's Supplementation of Briefing. (Kendall, Michael) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 26 Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel: Motion Hearing held on 8/17/2023 re #10 MOTION for Approval of Attachment of Real Estate in the name of the Defendant Michael McNally filed by Jason Rome, #16 MOTION to Transfer Case or In The Alternative to Dismiss filed by Peak Ridge Capital Group, Inc, Michael McNally, PR Vision Holdings, LLC. Judge hears counsel and takes matters under advisement; (Court Reporter: Jessica Leonard at jessica.bewsee@gmail.com.)(Attorneys present: Kendall, Reiser & Gallitano) (Urso, Lisa) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 25 ELECTRONIC NOTICE Resetting Hearing on Motion #10 MOTION for Approval of Attachment of Real Estate in the name of the Defendant Michael McNally , #16 MOTION to Transfer Case or In The Alternative to Dismiss : Motion Hearing REset for 8/17/2023 02:00 PM in Courtroom 12 (In person only) before Judge Rya W. Zobel. (Urso, Lisa) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 24 Judge Rya W. Zobel: ELECTRONIC ORDER entered ALLOWING #23 Motion for Leave to Appear Pro Hac Vice as to Peter Reiser. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Warnock, Douglas) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 23 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Peter Reiser Filing fee: $ 125, receipt number AMADC-9960963 by Michael McNally, PR Vision Holdings, LLC, Peak Ridge Capital Group, Inc. (Attachments: #1 Affidavit of Peter Reiser)(Gallitano, Thomas) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 22 ELECTRONIC NOTICE Setting Hearing on Motion #10 MOTION for Approval of Attachment of Real Estate in the name of the Defendant Michael McNally , #16 MOTION to Transfer Case or In The Alternative to Dismiss : Motion Hearing set for 8/9/2023 02:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Warnock, Douglas) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 21 Assented to MOTION for Leave to File Reply Brief by Michael McNally, PR Vision Holdings, LLC, Peak Ridge Capital Group, Inc. (Attachments: #1 Exhibit Reply Brief)(Gallitano, Thomas) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 20 MEMORANDUM in Opposition re #16 MOTION to Transfer Case or In The Alternative to Dismiss filed by Jason Rome. (Attachments: #1 Declaration of Cathy Holley, #2 Declaration of Jason Rome)(Kendall, Michael) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 19 MOTION for Leave to File Reply in Support of Plaintiff's Motion for Approval of Attachment of Real Estate #10 by Jason Rome. (Attachments: #1 Exhibit A - Proposed Reply)(Kendall, Michael) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 18 MEMORANDUM in Opposition re #10 MOTION for Approval of Attachment of Real Estate in the name of the Defendant Michael McNally filed by Michael McNally, PR Vision Holdings, LLC, Peak Ridge Capital Group, Inc. (Gallitano, Thomas) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 17 MEMORANDUM in Support re #16 MOTION to Transfer Case or In The Alternative to Dismiss filed by Michael McNally, PR Vision Holdings, LLC, Peak Ridge Capital Group, Inc. (Attachments: #1 Affidavit of Michael McNally)(Gallitano, Thomas) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 16 MOTION to Transfer Case or In The Alternative to Dismiss by Michael McNally, PR Vision Holdings, LLC, Peak Ridge Capital Group, Inc.(Gallitano, Thomas) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 15 Judge Rya W. Zobel: ENDORSED ORDER entered granting #13 Motion for Extension of Time to File Response/Reply re #13 MOTION for Extension of Time to June 12, 2023 to File Opposition to Motion for Real Estate Attachment , #10 MOTION for Approval of Attachment of Real Estate in the name of the Defendant Michael McNally Responses due by 6/12/2023 (Urso, Lisa) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 14 Opposition re #13 MOTION for Extension of Time to June 12, 2023 to File Opposition to Motion for Real Estate Attachment filed by Jason Rome. (Kendall, Michael) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 13 MOTION for Extension of Time to June 12, 2023 to File Opposition to Motion for Real Estate Attachment by Michael McNally, PR Vision Holdings, LLC, Peak Ridge Capital Group, Inc. (Attachments: #1 Exhibit Exhibits to Motion for Extension)(Gallitano, Thomas) Modified on 5/14/2023 to Correct CM/ECF Filing Event (Paine, Matthew). [Transferred from Massachusetts on 3/4/2024.] |
| Filing 12 DECLARATION re #10 MOTION for Approval of Attachment of Real Estate in the name of the Defendant Michael McNally by Jason Rome. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (REDACTED), #6 Exhibit F)(Kendall, Michael) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 11 MEMORANDUM in Support re #10 MOTION for Approval of Attachment of Real Estate in the name of the Defendant Michael McNally filed by Jason Rome. (Kendall, Michael) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 10 MOTION for Approval of Attachment of Real Estate in the name of the Defendant Michael McNally by Jason Rome. (Attachments: #1 Text of Proposed Order 1, #2 Text of Proposed Order 2, #3 Writ of Attachment (Proposed))(Kendall, Michael) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 9 Judge Rya W. Zobel: ELECTRONIC ORDER entered granting #8 Motion for Leave to Appear Pro Hac Vice of Eric R. Levine and Eric P. Heichel. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (McManus, Caetlin) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice for admission of Eric R. Levine and Eric P. Heichel Filing fee: $ 250, receipt number AMADC-9808140 by Michael McNally, PR Vision Holdings, LLC, Peak Ridge Capital Group, Inc. (Attachments: #1 Affidavit)(Gallitano, Thomas) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 7 NOTICE of Appearance by Thomas J. Gallitano on behalf of Michael McNally, PR Vision Holdings, LLC, Peak Ridge Capital Group, Inc (Gallitano, Thomas) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 6 WAIVER OF SERVICE Returned Executed by Jason Rome. Peak Ridge Capital Group, Inc waiver sent on 4/11/2023, answer due 6/12/2023. (Kendall, Michael) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 5 WAIVER OF SERVICE Returned Executed by Jason Rome. PR Vision Holdings, LLC waiver sent on 4/11/2023, answer due 6/12/2023. (Kendall, Michael) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 4 WAIVER OF SERVICE Returned Executed by Jason Rome. Michael McNally waiver sent on 4/11/2023, answer due 6/12/2023. (Kendall, Michael) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 3 Summons Issued as to Michael McNally, PR Vision Holdings, LLC, Peak Ridge Capital Group, Inc. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Geraldino-Karasek, Clarilde) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Rya W. Zobel assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) [Transferred from Massachusetts on 3/4/2024.] |
| Filing 1 COMPLAINT against PR Vision Holdings, LLC, Peak Ridge Capital Group, Inc, Michael McNally Filing fee: $ 402, receipt number AMADC-9796582 (Fee Status: Filing Fee paid), filed by Jason Rome. (Attachments: #1 Category Form, #2 Civil Cover Sheet)(Kendall, Michael) [Transferred from Massachusetts on 3/4/2024.] |
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