People of the State of New York et al v. Lear Capital Inc. et al
| People of the State of New York and Letitia James |
| Lear Capital Inc. and Kevin DeMeritt |
| 1:2021cv00809 |
| July 14, 2021 |
| US District Court for the Western District of New York |
| John L Sinatra |
| Other Fraud |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Remark: Clerk sent a certified copy of Order at docket #11 to New York State Supreme Court, County of Erie. (LB) |
ORDER granting #11 Motion to Withdraw; granting #11 Motion to Remand to State Court: Defendants' motion to withdraw the Notice of Removal filed on July 14, 2021 (Dkt. 1) is GRANTED. As agreed upon by the parties, the Court remands this action to the Supreme Court of the State of New York, Erie County. The Clerk of Court is directed to effectuate the remand forthwith. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/27/2021. (PTM)-CLERK TO FOLLOW UP-
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| Filing 11 MOTION to Withdraw NOTICE OF REMOVAL AND, MOTION to Remand to State Court by Kevin DeMeritt, Lear Capital Inc..(Pierce, Seth) |
| Filing 10 TEXT ORDER re #9 Stipulation and [Proposed] Temporary Restraining Order: The Court acknowledges receipt of the Stipulation (Dkt. 9), in which the parties agreed to entry of a temporary restraining order ("TRO") on the same terms as the state court TRO while Petitioner's Motion to Remand (Dkt. 7) is under consideration. A District Court "unquestionably ha[s] the power to issue a restraining order for the purpose of preserving existing conditions pending a decision upon its own jurisdiction." U.S. v. United Mine Workers of America, 330 U.S. 258, 290 (1947); see also Abbo-Bradley v. City of Niagara Falls, 293 F.R.D. 401, 406 (W.D.N.Y. 2013). In the interest of preserving the status quo pending decision on the Motion to Remand, and in accordance with the requirements of Fed. R. Civ. P. 65(b)(2), the stipulated TRO is extended until the earlier of (1) the date set forth by the Stipulation, or (2) the date of any remand to state court. The briefing and argument schedule on Petitioner's Motion to Remand (Dkt. 7) is amended as follows: Respondents shall file a brief in opposition to the Motion to Remand on or before July 30, 2021. Petitioner shall file its reply brief, if any, on or before August 4, 2021. The parties shall appear before the undersigned on August 6, 2021 at 10 a.m. for oral argument. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/22/2021. (KLH) |
| Set/Reset Hearings: Motion Hearing set for 8/6/2021 10:00 AM in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr.(KLH) |
| Filing 9 STIPULATION and [Proposed] Temporary Restraining Order by Kevin DeMeritt, Lear Capital Inc.. (Pierce, Seth) |
| Filing 8 TEXT ORDER re #7 Motion to Remand to State Court by the People of the State of New York: Defendants shall file a brief in opposition to Plaintiff's Motion for Remand on or before July 23, 2021. Plaintiff shall file its reply brief, if any, no later than July 27, 2021 at noon. The parties shall appear before the undersigned on July 28, 2021 at 1:00 p.m. for oral argument. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/20/2021. (KLH) |
| Filing 7 MOTION to Remand to State Court by People of the State of New York. (Attachments: #1 Memorandum in Support, #2 Declaration Boyd Declaration, #3 Exhibit Boyd Dec. Ex. 1, #4 Exhibit Boyd Dec. Ex. 2)(Boyd, Christopher) |
| Filing 6 MOTION to Expedite re Motion to Remand by People of the State of New York. (Attachments: #1 Text of Proposed Order)(Boyd, Christopher) |
| 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. (TMK) |
| Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK) |
| Filing fee received: $402.00, receipt number BUF072781 (CGJ) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
| Filing 5 NOTICE of Appearance by Scott S. Allen, Jr on behalf of Kevin DeMeritt, Lear Capital Inc. (Allen, Scott) |
| Filing 4 NOTICE of Appearance by Dennis C. Vacco on behalf of Kevin DeMeritt, Lear Capital Inc. (Vacco, Dennis) |
| Filing 3 CERTIFICATE OF SERVICE by Kevin DeMeritt, Lear Capital Inc. re #1 Notice of Removal,, #2 Corporate Disclosure Statement (Pierce, Seth) |
| Filing 2 Corporate Disclosure Statement by Kevin DeMeritt, Lear Capital Inc.. (Pierce, Seth) |
| Filing 1 NOTICE OF REMOVAL by Kevin DeMeritt, Lear Capital Inc. from Supreme Court of the State of New York, County of Erie, case number 807970/2021. ( Filing fee $ 402), filed by Kevin DeMeritt, Lear Capital Inc.. (Attachments: #1 Civil Cover Sheet, #2 Affirmation of Seth E. Pierce, #3 Exhibit 1 to Affirmation of Seth E. Pierce, #4 Exhibit A (Part 1, State Court Document Nos. 1-42), #5 Exhibit A (Part 2, State Court Document Nos. 43-66), #6 Exhibit A (Part 3, State Court Document Nos. 67-78))(Pierce, Seth) |
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