CAV Farms, Inc. v. Nicholas et al
| CAV Farms, Inc. |
| Rogers Cattle Farms, LLC, Michael Rogers, Lynn Hottle and Eugene Nicholas |
| 6:2019cv06088 |
| February 1, 2019 |
| US District Court for the Western District of New York |
| Charles J Siragusa |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 10 DECISION AND ORDER denying #2 Motion to Dismiss for Failure to State a Claim and granting #5 Motion to Remand to State Court. This Court lacks subject-matter jurisdiction over this action. Consequently, Plaintiff's motion to remand [#5] is granted, and this action is remanded to New York State Supreme Court, Schuyler County. The Clerk of the Court is directed to close this action. Signed by Hon. Charles J. Siragusa on 4/1/19. (KAP)-CLERK TO FOLLOW UP- |
| Filing 9 TEXT ORDER re #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER filed by Eugene Nicholas, Lynn Hottle, #5 MOTION to Remand to State Court filed by CAV Farms, Inc. Pending before the Court are Defendants' Motion to Dismiss (Docket No. [#2]) and Plaintiff's Motion to Remand [#5]). The Court deems the Motion to Remand to be submitted on the papers, and does not want further briefing or oral argument on that application. The Court will issue a written decision on the motion to remand at its earliest opportunity. In the meantime, the Motion to Dismiss is held in abeyance. SO ORDERED. Signed by Hon. Charles J. Siragusa on 3/27/19. (KAP) |
| Filing 8 Corporate Disclosure Statement by CAV Farms, Inc.. (Crossmore, Edward) |
| E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required #7 MEMORANDUM in Opposition. (Clark, James) (BK) |
| Filing 7 MEMORANDUM in Opposition re #5 MOTION to Remand to State Court filed by Lynn Hottle, Eugene Nicholas. (Attachments: #1 Declaration, #2 Exhibit 1 TO DECLARATION OF JAMES C. CLARK, #3 Exhibit 2 TO DECLARATION OF JAMES C. CLARK, #4 Exhibit 3 TO DECLARATION OF JAMES C. CLARK, #5 Exhibit 4 TO DECLARATION OF JAMES C. CLARK, #6 Exhibit 5 TO DECLARATION OF JAMES C. CLARK, #7 Exhibit 6 TO DECLARATION OF JAMES C. CLARK, #8 Exhibit 7 TO DECLARATION OF JAMES C. CLARK, #9 Exhibit 8 TO DECLARATION OF JAMES C. CLARK, #10 Exhibit 9 TO DECLARATION OF JAMES C. CLARK, #11 Exhibit 10 TO DECLARATION OF JAMES C. CLARK, #12 Exhibit 11 TO DECLARATION OF JAMES C. CLARK, #13 Text of Proposed Order, #14 Certificate of Service)(Clark, James) |
| 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 6 CERTIFICATE OF SERVICE by CAV Farms, Inc. re #5 MOTION to Remand to State Court , #4 MOTION to Remand to State Court (Supporting Affidavit) and Memorandum in Support of Motion to Remand. (Crossmore, Edward) |
| Filing 5 MOTION to Remand to State Court by CAV Farms, Inc..(Crossmore, Edward) |
| E-Filing Notification: Document filed improperly as a motion, missing Notice of Motion. Action required: file Motion to Remand and link to affidavit RE #4 AFFIDAVIT IN SUPPORT OF MOTION to Remand to State Court. Clerk to modify entry. (TF) |
| Filing 4 AFFIDAVIT IN SUPPORT OF MOTION to Remand to State Court by CAV Farms, Inc.. (Attachments: #1 Exhibits A through G, #2 Memorandum in Support)(Crossmore, Edward) Modified on 3/5/2019 (TF). |
| Filing 3 NOTICE of Appearance by Edward Crossmore on behalf of CAV Farms, Inc. (Crossmore, Edward) |
| E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER. (BK) |
| Filing 2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER by Lynn Hottle, Eugene Nicholas. (Attachments: #1 Declaration, #2 Memorandum in Support, #3 Text of Proposed Order, #4 Certificate of Service)(Clark, James) |
| Filing fee: $400.00, receipt number 0209-3350315, received on 2/1/2019. (BK) |
| Hon. Charles J. Siragusa added. Notification to Chambers of on-line civil case opening. (BK) |
| AUTOMATIC REFERRAL to Mediation. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution. (BK) |
| 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. (BK) |
| Filing 1 NOTICE OF REMOVAL by Lynn Hottle, Eugene Nicholas from Schuyler County, case number 18-262., filed by Lynn Hottle, Eugene Nicholas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Civil Cover Sheet, #10 Certificate of Service)(Clark, James) |
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