Eastpoint Recovery Group, Inc v. Lemberg Law LLC
| Eastpoint Recovery Group, Inc |
| Lemberg Law LLC |
| 1:2018cv01485 |
| December 20, 2018 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Assault Libel & Slander |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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Filing 12
ORDER granting #11 Stipulation of Dismissal filed by Eastpoint Recovery Group, Inc. Signed by Hon. Elizabeth A. Wolford on 1/16/2019. (KM)
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| Filing 11 STIPULATION of Dismissal with Prejudice by Eastpoint Recovery Group, Inc. (Wells, Steven) |
| Filing 10 Corporate Disclosure Statement by Eastpoint Recovery Group, Inc. (Wells, Steven) |
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Filing 9
ORDER granting #8 Stipulation to extend time to respond to initial complaint until January 24, 2019. Signed by Hon. Elizabeth A. Wolford on 1/8/2019. (KM)
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| Filing 8 STIPULATION to Extend Time to Respond to Initial Complaint by Lemberg Law LLC. (Hirnyk, Vlad) |
| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD) |
| Filing 7 TEXT ORDER. The Court has reviewed the #6 amended notice of removal and is satisfied that Defendant has sufficiently remedied the jurisdictional defects identified in the initial #1 notice of removal by the Court in its #4 Order to Show Cause. Accordingly, the Court grants Defendant's unopposed #5 Letter Request for an extension of time to answer or otherwise respond to Plaintiff's Complaint. Defendant may now answer or otherwise respond to Plaintiff's Complaint on or before January 10, 2019. The Court is also aware that prior to removal, Plaintiff appears to have filed a motion for preliminary injunction on December 3, 2018. It does not appear that any schedule was set by the state court with respect to that motion, nor does it appear as though any response was filed by Defendant. Moreover, the motion in its present form refers to state court procedures and the state court standard for granting a preliminary injunction. Plaintiff is hereby directed to refile its motion for a preliminary injunction complying with federal court procedures and this Court's requirements. Plaintiff is reminded that, in order to obtain any type of expedited hearing on a motion in this Court, a motion for expedited relief must be filed. See L.R. Civ. P. 7(d)(1); see also L.R. Civ. P. 65 (providing that "if the moving party seeks to have the [preliminary injunction] motion heard on an expedited basis, such party shall include a motion for an expedited hearing pursuant to L.R.Civ.P. 7(d)(1)"). Upon the filing of such a motion, the Court will issue a briefing schedule. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/28/2018. (PFC) |
| Filing 6 NOTICE OF REMOVAL by Lemberg Law LLC , AMENDED, from New York Supreme Court County of Erie, case number 816337/2018. (Attachments: #1 Declaration of Sergei Lemberg, Amended, #2 Exhibit A - Original Summons and Complaint, #3 Exhibit B - Amended Summons and Complaint, #4 Exhibit C - Motion for Preliminary Injunction, #5 Exhibit D - Affidavit of Service of Process, #6 Supplement Amended Index of State Court Filings, #7 Declaration of Vlad Hirnyk)(Hirnyk, Vlad) |
| Filing 5 Letter filed by Lemberg Law LLC as to Lemberg Law LLC re Extension of Time to Respond to Complaint. (Hirnyk, Vlad) |
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Filing 4
ORDER TO SHOW CAUSE. Defendant is directed to file an Amended Notice of Removal with supporting affidavit(s) as to why this action should not be remanded to state court for lack of subject matter jurisdiction. Show Cause Response due by 12/28/2018. Signed by Hon. Elizabeth A. Wolford on 12/27/2018. (KM)
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| Case assigned to Hon. Elizabeth A. Wolford. Notification to chambers of on-line civil opening. (KM) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (KM) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(KM) |
| Filing 3 DECLARATION re #1 Notice of Removal, filed by Lemberg Law LLC Certification of providing Notice of Removal to all parties. (Hirnyk, Vlad) |
| Filing 2 CONTINUATION OF EXHIBITS to #1 Notice of Removal, Index of Documents Filed in State Court Action. (Hirnyk, Vlad) |
| Filing 1 NOTICE OF REMOVAL by Lemberg Law LLC from New York Supreme Court County of Erie, case number 816337/2018. (Filing fee $ 400 receipt number 0209-3312667), filed by Lemberg Law LLC. (Attachments: #1 Declaration of Sergei Lemberg, #2 Exhibit Ex. A - Original Complaint, #3 Exhibit Ex. B - Amended Complaint, #4 Exhibit Ex. C - Motion, #5 Civil Cover Sheet)(Hirnyk, Vlad) |
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| Plaintiff: Eastpoint Recovery Group, Inc | |
| Represented By: | Steven W. Wells |
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| Defendant: Lemberg Law LLC | |
| Represented By: | Vlad Hirnyk |
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