Lee v. Albarran et al
| Terrence Lee |
| Juan Albarran, Fritz Kundrun, American Metals & Coal International, Inc., AMCI Holdings, Inc. and 106 Tripp Property LLC |
| 7:2023cv11215 |
| December 27, 2023 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on February 21, 2024. A more recent docket listing may be available from PACER.
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Filing 29
ORDER FOR ADMISSION PRO HAC VICE: granting #28 Motion for Jonathan T. Blank to Appear Pro Hac Vice. (Signed by Judge Nelson Stephen Roman on 2/21/2024) (ama)
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| Filing 28 AMENDED MOTION for Jonathan T. Blank to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fritz Kundrun. (Attachments: #1 Affidavit of Jonathan T. Blank, #2 Exhibit Certificates of Good Standing, #3 Proposed Order for Admission Pro Hac Vice).(Blank, Jonathan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 AMENDED MOTION for Jonathan T. Blank to Appear Pro Hac Vice . 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 DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #27 MOTION for Jonathan T. Blank to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28960827. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia;. 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) |
| Filing 27 FILING ERROR - PDF ERROR - MOTION for Jonathan T. Blank to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28960827. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fritz Kundrun. (Attachments: #1 Affidavit of Jonathan T. Blank, #2 Exhibit Certificates of Good Standing, #3 Proposed Order for Admission Pro Hac Vice).(Blank, Jonathan) Modified on 2/20/2024 (bc). |
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Filing 26
MEMO ENDORSEMENT: on re: #25 Letter filed by Terrence Lee. ENDORSEMENT: Pltf.'s request is GRANTED. Pltf. is directed to file an Amended Complaint on or before March 1, 2024. The Defs. are directed to answer, move, or otherwise respond to the Amended Complaint March 22, 2024. If Defs. opt to move, the motion briefing schedule is set as follows: (1) Defs.' moving papers are to be served, not filed, on May 6, 2024; (2) Pltf.'s opposition is to be served, not filed, on June 5, 2024; (3) Defs. reply is to be served on June 20, 2024.The parties are directed to send chambers electronic and hard copies of their papers as they are served. The parties are further directed to file all of their papers on ECF on the reply date, June 20, 2024. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 17 and 19. SO ORDERED., ( Amended Pleadings due by 3/1/2024., Motions due by 5/6/2024., Responses due by 6/5/2024, Replies due by 6/20/2024.), Motions terminated: #19 LETTER MOTION for Conference / Pre-Motion Conference for for anticipated motion to dismiss. addressed to Judge Nelson Stephen Roman from Gabrielle Levin dated February 2, 2024 filed by American Metals & Coal International, Inc., AMCI Holdings, Inc., #17 LETTER MOTION for Conference /pre-motion conference. addressed to Judge Nelson Stephen Roman from Stephen G. Foresta dated February 1, 2024. filed by Fritz Kundrun. (Signed by Judge Nelson Stephen Roman on 2/08/2024) (ama)
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| Filing 25 LETTER addressed to Judge Nelson Stephen Roman from Sarah R. Cantos, Esq. dated February 8, 2024 re: Lee v. Albarran, et al. No. 1:23-cv-11215. Document filed by Terrence Lee..(Cantos, Sarah) |
| Filing 24 NOTICE OF APPEARANCE by Sarah Rae Cantos on behalf of Terrence Lee..(Cantos, Sarah) |
| Filing 23 CERTIFICATE OF SERVICE of Letter requesting Pre- Motion Conference, dated and endorsed by the Court on February 2, 2024 (Dkt. No. 21) served on Plaintiff on February 2, 2024. Service was made by Mail. Document filed by AMCI Holdings, Inc., American Metals & Coal International, Inc...(Levin, Gabrielle) |
| Filing 22 CERTIFICATE OF SERVICE. Document filed by Fritz Kundrun..(Foresta, Stephen) |
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Filing 21
MEMO ENDORSEMENT: on re: #19 LETTER MOTION for Conference / Pre-Motion Conference for for anticipated motion to dismiss. addressed to Judge Nelson Stephen Roman from Gabrielle Levin dated February 2, 2024 filed by American Metals & Coal International, Inc., AMCI Holdings, Inc. ENDORSEMENT: Pltf. is directed to respond by February 9, 2024. Defs. AMCI are directed to serve a copy of this memorandum endorsement on Plaintiff and file proof of service on the docket. SO ORDERED., ( Responses due by 2/9/2024) (Signed by Judge Nelson Stephen Roman on 2/02/2024) (ama)
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| Filing 20 ACKNOWLEDGMENT OF SERVICE of PROOF OF SERVICE OF MEMORANDUM ENDORSEMENT AND LETTER MOTION served on Jordan Merson (Plaintiff's Counsel of Record) on February 2, 2024. Document filed by 106 Tripp Property LLC..(McCloskey, Rebecca) |
| Filing 19 LETTER MOTION for Conference / Pre-Motion Conference for for anticipated motion to dismiss addressed to Judge Nelson Stephen Roman from Gabrielle Levin dated February 2, 2024. Document filed by AMCI Holdings, Inc., American Metals & Coal International, Inc...(Levin, Gabrielle) |
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Filing 18
MEMO ENDORSEMENT on re: #16 Rule 7.1 Corporate Disclosure Statement filed by 106 Tripp Property LLC, #14 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Rebecca McCloskey dated January 22, 2024. filed by 106 Tripp Property LLC. ENDORSEMENT: The Court is in receipt of the Letter Motions filed by Defendants 106 Tripp Property LLC and Fritz Kundrun located at ECF Nos. 14 and 16, respectively. The Court VACATES its order at ECF No. 15. The Court directs Plaintiff to respond to both of the Defendants' Letter Motions by February 9, 2024. Moreover, each Defendant is directed to serve a copy of this Memorandum Endorsement and their respective Letter Motion on Plaintiff and file proof of service on the docket. SO ORDERED. ( Responses due by 2/9/2024) (Signed by Judge Nelson Stephen Roman on 2/2/2024) (tg)
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| Filing 17 LETTER MOTION for Conference /pre-motion conference addressed to Judge Nelson Stephen Roman from Stephen G. Foresta dated February 1, 2024. Document filed by Fritz Kundrun..(Foresta, Stephen) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 106 Tripp Property LLC..(McCloskey, Rebecca) |
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Filing 15
Vacated as per Judges Order dated 2/2/2024, Doc. #18 ORDER with respect to #14 Letter Motion for Conference re: #14 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Rebecca McCloskey dated January 22, 2024. Pltf. is directed to respond by January 25, 2024 at 12pm. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 1/22/2024) (jca) Modified on 2/2/2024 (tg).
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| Filing 14 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Rebecca McCloskey dated January 22, 2024. Document filed by 106 Tripp Property LLC. (Attachments: #1 Exhibit A - Certificate of Formation, #2 Exhibit B - Bargain and Sale Deed).(McCloskey, Rebecca) |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 106 Tripp Property LLC..(McCloskey, Rebecca) Modified on 1/22/2024 (lb). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Rebecca Marie McCloskey to RE-FILE Document No. #13 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb) |
| Set/Reset Deadlines: Responses due by 1/25/2024 (jca) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by AMCI Holdings, Inc., American Metals & Coal International, Inc...(Levin, Gabrielle) |
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Filing 11
ORDER: granting #7 Letter Motion for Extension of Time; granting #8 Letter Motion for Extension of Time to Answer re #7 FIRST LETTER MOTION for Extension of Time - jointly request an extension of the deadline for Defendant to answer, move or otherwise respond to the Complaint from January 3, 2024, until January 18, 2023. addressed to Judge Jessica G. L. Clarke, #8 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal. addressed to Magistrate Judge Sarah L. Cave from Stephen G. Foresta dated January 2, 2024., #10 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal(on consent). addressed to Judge Jessica G. L. Clarke from Gabrielle Levin dated January 3, 2024; granting #10 Letter Motion for Extension of Time to Answer re #7 FIRST LETTER MOTION for Extension of Time - jointly request an extension of the deadline for Defendant to answer, move or otherwise respond to the Complaint from January 3, 2024, until January 18, 2023. addressed to Judge Jessica G. L. Clarke, #8 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal. addressed to Magistrate Judge Sarah L. Cave from Stephen G. Foresta dated January 2, 2024., #10 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal(on consent). addressed to Judge Jessica G. L. Clarke from Gabrielle Levin dated January 3, 2024.The Court has reviewed the letters submitted by Defendants Fritz Kundrun, American Metals & Coals International, Inc., AMCI Holdings, Inc., and 106 Tripp Property LLC ("Defendants") located at ECF Nos. 7, 8, and 10. The Defendants' requests, with Plaintiff's consent, is GRANTED. Defendants are to answer, move, or otherwise respond to the Complaint by February 2, 2024. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 7, 8, and 10. SO ORDERED. 106 Tripp Property LLC answer due 2/2/2024; American Metals & Coal International, Inc. answer due 2/2/2024; Fritz Kundrun answer due 2/2/2024; Juan Albarran answer due 2/2/2024; AMCI Holdings, Inc. answer due 2/2/2024 106 Tripp Property LLC answer due 2/2/2024; American Metals & Coal International, Inc. answer due 2/2/2024; Fritz Kundrun answer due 2/2/2024; Juan Albarran answer due 2/2/2024; AMCI Holdings, Inc. answer due 2/2/2024. (Signed by Judge Nelson Stephen Roman on 1/08/2024) (ama)
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| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Jessica G. L. Clarke is no longer assigned to the case. (tro) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Andrew E. Krause to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (tro) |
| Filing 10 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal,, (on consent) addressed to Judge Jessica G. L. Clarke from Gabrielle Levin dated January 3, 2024. Document filed by AMCI Holdings, Inc., American Metals & Coal International, Inc...(Levin, Gabrielle) |
| Filing 9 NOTICE OF APPEARANCE by Gabrielle Frances Levin on behalf of AMCI Holdings, Inc., American Metals & Coal International, Inc...(Levin, Gabrielle) |
| Filing 8 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal,, addressed to Magistrate Judge Sarah L. Cave from Stephen G. Foresta dated January 2, 2024. Document filed by Fritz Kundrun..(Foresta, Stephen) |
| Filing 7 FIRST LETTER MOTION for Extension of Time - jointly request an extension of the deadline for Defendant to answer, move or otherwise respond to the Complaint from January 3, 2024, until January 18, 2023 addressed to Judge Jessica G. L. Clarke from Rebecca M. McCloskey dated January 2, 2024. Document filed by 106 Tripp Property LLC..(McCloskey, Rebecca) |
| Filing 6 NOTICE OF APPEARANCE by Rebecca Marie McCloskey on behalf of 106 Tripp Property LLC..(McCloskey, Rebecca) |
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be held remotely by Microsoft Teams. (And as further set forth herein.) SO ORDERED. Initial Conference set for 2/21/2024 at 10:00 AM before Judge Jessica G. L. Clarke. (Signed by Judge Jessica G. L. Clarke on 12/29/2023) (jca)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jessica G. L. Clarke. 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) |
| Magistrate Judge Sarah L. Cave 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) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Stephen G. Foresta. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| Filing 4 CERTIFICATE OF SERVICE. Document filed by Fritz Kundrun..(Foresta, Stephen) |
| Filing 3 NOTICE OF APPEARANCE by Stephen G. Foresta on behalf of Fritz Kundrun..(Foresta, Stephen) |
| Filing 2 CIVIL COVER SHEET filed..(Foresta, Stephen) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Westchester. Case Number: 71270/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-28743990).Document filed by Fritz Kundrun. (Attachments: #1 Exhibit A Summons and Complaint, #2 Exhibit B Business Entity search, #3 Exhibit C Notice to State Court and Adverse Parties of Filing of Notice of Removal to Federal Court, #4 Exhibit D Notice of Consent to Removal, #5 Exhibit E Notice of Consent to Removal).(Foresta, Stephen) |
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