BRM Trades, LLC v. All-Ways Forwarding Int'l Inc.
| BRM Trades, LLC |
| All-Ways Forwarding Int'l Inc. and DRE Health Corporation |
| 7:2021cv07151 |
| August 24, 2021 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Contract: Marine |
| 28 U.S.C. § 1333 ad Admiralty |
| None |
Docket Report
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This docket was last retrieved on July 18, 2022. A more recent docket listing may be available from PACER.
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Filing 39
CLERK'S JUDGMENT re: #38 Memorandum & Opinion in favor of All-Ways Forwarding Int'l Inc. against BRM Trades, LLC. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated July 15, 2022, the motions to dismiss are GRANTED IN PART and DENIED IN PART. All- Ways's motion to compel arbitration is GRANTED. BRM and All-Ways are ORDERED to arbitrate their dispute pursuant to the Bill of Lading. DRE's motion to dismiss in favor of the Missouri Action is GRANTED. The motions to dismiss are otherwise DENIED; accordingly, the case is administratively closed, without prejudice to either BRM or All-Ways moving by letter motion to reopen the case within thirty days of the conclusion of the arbitration proceedings. (Signed by Clerk of Court Ruby Krajick on 7/18/2022) (Attachments: #1 Right to Appeal) (km)
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Filing 38
OPINION AND ORDER re: #22 MOTION to Dismiss , filed by DRE Health Corporation, #25 MOTION to Dismiss . filed by All-Ways Forwarding Int'l Inc. The motions to dismiss are GRANTED IN PART and DENIED IN PART. All-Ways's motion to compel arbitration is GRANTED. BRM and All-Ways are ORDERED to arbitrate their dispute pursuant to the Bill of Lading. DRE's motion to dismiss in favor of the Missouri Action is GRANTED. The motions to dismiss are otherwise DENIED. The Clerk is instructed to terminate DRE Health Corporation from the action. The Clerk is instructed to terminate the motions. (Docs. #22, 25). The Clerk is further instructed to administratively close this case, without prejudice to either BRM or All-Ways moving by letter motion to reopen the case within thirty days of the conclusion of the arbitration proceedings. DRE Health Corporation terminated. (Signed by Judge Vincent L. Briccetti on 7/14/2022) (tro)
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Transmission to Orders and Judgments Clerk. Transmitted re: #38 Memorandum & Opinion, to the Orders and Judgments Clerk. (tro)
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Filing 37
NOTICE of Substitution of Attorney. Old Attorney: Brendan Collins, New Attorney: Jonathan Uretsky and Anna Adelstein, Address: PULLP, 111 Broadway, 8th Floor, New York, NY, United States 10006, 2125711255. Document filed by BRM Trades, LLC..(Uretsky, Jonathan)
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Filing 36
REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss . . Document filed by All-Ways Forwarding Int'l Inc...(Lazarus, Harlan)
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Filing 35
REPLY MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss . . Document filed by DRE Health Corporation..(Scott, Neil)
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Filing 34
DECLARATION of Yochonon Markovits in Support re: #32 Memorandum of Law in Opposition to Motion, #33 Memorandum of Law in Opposition to Motion. Document filed by BRM Trades, LLC. (Attachments: #1 Exhibit 1 - Bills of Lading, #2 Exhibit 2 - All-Ways Tariff).(Collins, Brendan)
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Filing 33
MEMORANDUM OF LAW in Opposition re: #22 MOTION to Dismiss . . Document filed by BRM Trades, LLC..(Collins, Brendan)
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Filing 32
MEMORANDUM OF LAW in Opposition re: #25 MOTION to Dismiss . . Document filed by BRM Trades, LLC..(Collins, Brendan)
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Filing 31
NOTICE OF APPEARANCE by Adam W. Wiers on behalf of DRE Health Corporation..(Wiers, Adam)
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Filing 30
ORDER ADMITTING COUNSEL PRO HAC VICE granting #28 Motion for Adam W. Wiers to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Adam W. Wiers is admitted to practice Pro Hac Vice as counsel for DRE Health Corporation in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 11/16/2021) (mml)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Adam W. Wiers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25324106. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
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Filing 29
ORDER terminating as moot #7 Motion to Dismiss: Defendant All-Ways Forwarding Int'l Inc.'s motion to dismiss the complaint is terminated as moot in light of its #25 motion to dismiss the first amended complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp)
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Filing 28
MOTION for Adam W. Wiers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25324106. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DRE Health Corporation. (Attachments: #1 Affidavit - Affidavit of Adam W. Wiers, #2 Exhibit Massachusetts Certificate of Good Standing, #3 Exhibit Illinois Certificate of Good Standing, #4 Text of Proposed Order).(Scott, Neil)
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Filing 27
MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss . . Document filed by All-Ways Forwarding Int'l Inc...(Lazarus, Harlan)
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Filing 26
DECLARATION of Harlan M. Lazarus, Esq. in Support re: #25 MOTION to Dismiss .. Document filed by All-Ways Forwarding Int'l Inc.. (Attachments: #1 Exhibit EXHIBIT 1, #2 Exhibit EXHIBIT 2, #3 Exhibit EXHIBIT 3, #4 Exhibit EXHIBIT 4).(Lazarus, Harlan)
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Filing 25
MOTION to Dismiss . Document filed by All-Ways Forwarding Int'l Inc.. Responses due by 11/29/2021.(Lazarus, Harlan)
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Filing 24
DECLARATION of Neil C. Scott in Support re: #22 MOTION to Dismiss .. Document filed by DRE Health Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Scott, Neil)
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Filing 23
MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss . . Document filed by DRE Health Corporation..(Scott, Neil)
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Filing 22
MOTION to Dismiss . Document filed by DRE Health Corporation..(Scott, Neil)
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Filing 21
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by DRE Health Corporation..(Scott, Neil)
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Filing 20
NOTICE OF APPEARANCE by Christopher Rocco Nolan on behalf of DRE Health Corporation..(Nolan, Christopher)
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Filing 19
NOTICE OF APPEARANCE by Neil Conner Scott on behalf of DRE Health Corporation..(Scott, Neil)
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time to Answer: The time for all defendants to file an answer or other respond to the amended complaint is extended to 11/12/2021. Counsel for DRE Health Corporation ("DRE") shall file his notice of appearance by 10/28/2021. Mr. Lazarus shall provide a copy of this text order to DRE's counsel by 10/22/2021. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp)
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Filing 17
LETTER MOTION for Extension of Time to File Answer re: #13 Amended Complaint, #14 Request for Issuance of Summons, #16 Summons Issued, 15 Order, addressed to Judge Vincent L. Briccetti from Harlan M. Lazarus, Esq. dated 10/21/2021. Document filed by All-Ways Forwarding Int'l Inc...(Lazarus, Harlan)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to DRE Health Corporation..(gp)
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Filing 15
ORDER: By 10/29/2021, defendant All-Ways Forwarding Int'l Inc. shall either: (i) file an answer to the amended complaint; or (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court that it is relying on the initially filed motion to dismiss. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (pp)
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Filing 14
REQUEST FOR ISSUANCE OF SUMMONS as to DRE Health Corporation, re: #13 Amended Complaint,. Document filed by BRM Trades, LLC..(Collins, Brendan)
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Filing 13
FIRST AMENDED COMPLAINT amending #1 Complaint against All-Ways Forwarding Int'l Inc., DRE Health Corporation.Document filed by BRM Trades, LLC. Related document: #1 Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B).(Collins, Brendan)
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Filing 12
MEMO ENDORSEMENT on re: #11 Letter filed by BRM Trades, LLC. ENDORSEMENT: Amended complaint due 10/14/2021. SO ORDERED. (Amended Pleadings due by 10/14/2021.) (Signed by Judge Vincent L. Briccetti on 10/1/2021) (mml)
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Filing 11
LETTER addressed to Judge Vincent L. Briccetti from Brendan Collins dated September 30, 2021 re: Notice of Intent to File Amended Complaint. Document filed by BRM Trades, LLC..(Collins, Brendan)
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Filing 10
ORDER: On September 21, 2021, defendant moved to dismiss the complaint. (Doc. #7). Accordingly, it is hereby ORDERED that, by no later than October 1, 2021, plaintiff must notify the Court by letter whether plaintiff (i) intends to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendant's motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"); accord F5 Capital v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, plaintiff must file the amended complaint by no later than 14 days after notifying the Court of plaintiff's intent to do so. Within 21 days of such amendment, defendant may either: (i) file an answer to the amended complaint; or (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that defendant is relying on the initially filed motion to dismiss. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/23/2021) (mml)
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Filing 9
AFFIRMATION of Harlan M. Lazarus, Esq. in Support re: #7 MOTION to Dismiss .. Document filed by All-Ways Forwarding Int'l Inc...(Lazarus, Harlan)
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Filing 8
MEMORANDUM OF LAW in Support re: #7 MOTION to Dismiss . . Document filed by All-Ways Forwarding Int'l Inc...(Lazarus, Harlan)
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Filing 7
MOTION to Dismiss . Document filed by All-Ways Forwarding Int'l Inc...(Lazarus, Harlan)
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Filing 6
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by All-Ways Forwarding Int'l Inc...(Lazarus, Harlan)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to All-Ways Forwarding Int'l Inc. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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)
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Magistrate Judge Andrew E. Krause is so designated. 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)
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Case Designated ECF. (vf)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to All-Ways Forwarding Int'l Inc., re: #1 Complaint. Document filed by BRM Trades, LLC..(Collins, Brendan)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BRM Trades, LLC..(Collins, Brendan)
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Filing 2
CIVIL COVER SHEET filed..(Collins, Brendan)
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Filing 1
COMPLAINT against All-Ways Forwarding Int'l Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24977727)Document filed by BRM Trades, LLC..(Collins, Brendan)
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