STP Investments LLC n/k/a STP Flex LLC et al v. NeoTek Energy, Inc.
| STP Investments LLC, Elliot Prigozen and Richard Sheridan |
| NeoTek Energy, Inc. |
| 4:2022cv00361 |
| April 29, 2022 |
| US District Court for the Eastern District of Texas |
| Sherman Office |
| Sean D Jordan |
| Christine A Nowak |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 34 REPLY to Response to Motion re #32 MOTION to Dismiss Pursuant to Rule 12(b)(6) and Brief in Support [Defendant's Reply in Support of its Motion to Dismiss] filed by NeoTek Energy, Inc. . (Morgan, Caitlin) |
| Filing 33 RESPONSE in Opposition re #32 MOTION to Dismiss Pursuant to Rule 12(b)(6) and Brief in Support filed by Elliot Prigozen, STP Investments LLC, Richard Sheridan. (Lewis, Andrew) |
| Filing 32 MOTION to Dismiss Pursuant to Rule 12(b)(6) and Brief in Support by NeoTek Energy, Inc.. Responses due by 7/6/2022 (Morgan, Caitlin) (Additional attachment(s) added on 6/29/2022: #1 Text of Proposed Order) (rpc, ). |
Filing 31
ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 7/26/2022. Rule 16 Management Conference set for 8/2/2022 at 01:30 PM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Christine A. Nowak. Signed by Magistrate Judge Christine A. Nowak on 6/22/2022. (rpc, )
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Filing 30
ORDER. It is ORDERED that Defendant NeoTek Energy Inc. shall refile its Motion to Dismiss on or before Wednesday, June 29, 2022 stating only those bases upon which it currently moves for dismissal. Signed by Magistrate Judge Christine A. Nowak on 6/22/2022. (rpc, )
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Filing 29
REFERRAL ORDER. Pursuant to 28 U.S.C. 636 and Local Rule CV-72, the undersigned hereby REFERS the cases set forth below to U. S. Magistrate Judge Christine A. Nowak for all pretrial proceedings. Signed by District Judge Sean D. Jordan on 6/16/2022. (baf, )
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| Filing 28 REPLY to Response to Motion re #13 in Support of Its Motion to Dismiss filed by NeoTek Energy, Inc. . (Morgan, Caitlin) |
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Filing 27
ORDER granting #26 Motion for Extension of Time. It is therefore ORDERED that the deadline for Defendant to file its reply in support of its motion to dismiss is extended to June 13, 2022. Signed by District Judge Sean D. Jordan on 6/3/2022. (rpc, )
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| Filing 26 Agreed MOTION for Extension of Time to File Response/Reply in Support of Defendant's Motion to Dismiss by NeoTek Energy, Inc.. (Attachments: #1 Text of Proposed Order)(Morgan, Caitlin) |
| Filing 25 NOTICE of Attorney Appearance by Caitlin J Morgan on behalf of NeoTek Energy, Inc. (Morgan, Caitlin) |
| Filing 24 RESPONSE in Opposition re #13 Motion to Dismiss filed by Elliot Prigozen, STP Investments LLC, Richard Sheridan. (Attachments: #1 Text of Proposed Order)(Lewis, Andrew) |
| Filing 23 NOTICE of Attorney Appearance by Andrew DeRoy Lewis on behalf of All Plaintiffs (Lewis, Andrew) |
| Filing 22 ***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** NOTICE of Attorney Appearance by Larry E Cotten on behalf of All Plaintiffs (Cotten, Larry) Modified on 5/26/2022 (rpc, ). |
| NOTICE of Deficiency regarding the #22 NOTICE of Attorney Appearance submitted by Elliot Prigozen, STP Investments LLC, Richard Sheridan. Attorneys must file their own notice of appearance using their login and password. Correction should be made by one business day. (rpc, ) |
| Filing 21 NOTICE of Attorney Appearance by Larry E Cotten on behalf of All Plaintiffs (Cotten, Larry) |
| Notified Plaintiffs' Attorney, Steven Eric Frankel and Defendant's Attorney, Jay Richard McDaniel, Per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. ***ATTORNEY NOT ADMITTED TO PRACTICE IN OUR COURT ATTORNEY ADMISSION LETTER SENT VIA EMAIL*** (rpc, ) |
| Case Assigned to District Judge Sean D. Jordan. (rpc, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, ) |
| Filing 20 Case transferred in from District of New York Southern; Case Number 7:22-cv-01490. Original file certified copy of transfer order and docket sheet received. |
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Filing 19
ORDER TO TRANSFER VENUE TO EASTERN DISTRICT OF TEXAS: Accordingly, pursuant to 28 U.S.C. 1404(a) and the stipulation of the parties, it is hereby ORDERED that this action is transferred to the United States District Court for the Eastern District of Texas; and it is FURTHER ORDERED that Plaintiffs' time to file opposition to Defendant's pending motion to dismiss is adjourned to thirty days following the date of this Order. The Clerk of this Court shall take all necessary steps to transfer this Action to the United States District Court for the Eastern District as for all further proceedings, and shall close this case immediately. (Signed by Judge Vincent L. Briccetti on 4/29/2022) (mml) [Transferred from New York Southern on 4/29/2022.]
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| Filing 18 PROPOSED STIPULATION AND ORDER. Document filed by Elliot Prigozen, STP Investments LLC, Richard Sheridan..(Frankel, Steven) [Transferred from New York Southern on 4/29/2022.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Eastern District of Texas. (mml) [Transferred from New York Southern on 4/29/2022.] |
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Filing 17
ORDER granting in part #16 Letter Motion for Extension of Time: By 5/2/2022, plaintiffs must submit on the ECF docket either (i) a letter responding to the Court's Order dated 4/7/2022 (Doc. #15), or (ii) a notice of dismissal without prejudice to refiling the complaint in the agreed-upon forum, or (iii) a proposed stipulation and order transferring the case to the Eastern District of Texas. The parties' time to file opposing and reply papers is STAYED pending the plaintiffs' submission due 5/2/2022. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) [Transferred from New York Southern on 4/29/2022.]
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| Filing 16 LETTER MOTION for Extension of Time (a) adjourn all current deadlines for 14 days; and (b) either order that this action be transferred to the Federal Court for the Eastern District of Texas pursuant to 28 U.S.C. 1404(a) or schedule a conference with counsel for the parties to discuss a potential agreement to effectuate such transfer addressed to Judge Vincent L. Briccetti from Steven E. Frankel, Esq. dated April 18, 2022. Document filed by Elliot Prigozen, STP Investments LLC, Richard Sheridan..(Frankel, Steven) [Transferred from New York Southern on 4/29/2022.] |
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Filing 15
ORDER: On April 6, 2022, defendant filed a motion to dismiss the complaint pursuant to Rules 12(b)(2) and 12(b)(6). (Doc. #13). Accordingly, it is hereby ORDERED that, by no later than April 18, 2022, plaintiffs must notify the Court by letter whether they (i) intend 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, as further set forth herein. (Signed by Judge Vincent L. Briccetti on 4/7/2022) (mml) [Transferred from New York Southern on 4/29/2022.]
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| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NeoTek Energy, Inc...(McDaniel, Jay) [Transferred from New York Southern on 4/29/2022.] |
| Filing 13 MOTION to Dismiss . Document filed by NeoTek Energy, Inc.. (Attachments: #1 Affirmation of Jay R. McDaniel with Exhibits, #2 Brief, #3 Text of Proposed Order, #4 Certificate of Service).(McDaniel, Jay) [Transferred from New York Southern on 4/29/2022.] |
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Filing 12
MEMO ENDORSEMENT on re: #11 Letter filed by NeoTek Energy, Inc. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: Response to complaint due 4/6/2022. NeoTek Energy, Inc. answer due 4/6/2022. (Signed by Judge Vincent L. Briccetti on 3/22/2022) (mml) [Transferred from New York Southern on 4/29/2022.]
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| Filing 11 LETTER addressed to Judge Vincent L. Briccetti from Jay R. McDaniel, Esq. dated March 21, 2022 re: request for extension of time to respond to Complaint. Document filed by NeoTek Energy, Inc...(McDaniel, Jay) [Transferred from New York Southern on 4/29/2022.] |
| Filing 10 NOTICE OF APPEARANCE by Jay Richard McDaniel on behalf of NeoTek Energy, Inc...(McDaniel, Jay) [Transferred from New York Southern on 4/29/2022.] |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Service was accepted by Patrick Duffy, Intake Specialist. Document filed by STP Investments LLC, Richard Sheridan, Elliot Prigozen..(Frankel, Steven) [Transferred from New York Southern on 4/29/2022.] |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint, served. NeoTek Energy, Inc. served on 3/1/2022, answer due 3/22/2022. Service was accepted by Scott Ito, Director Manufacturing Operations. Document filed by STP Investments LLC; Richard Sheridan ; Elliot Prigozen..(Frankel, Steven) [Transferred from New York Southern on 4/29/2022.] |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to NeoTek Energy, Inc...(lal) [Transferred from New York Southern on 4/29/2022.] |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to NeoTek Energy, Inc., re: #1 Complaint,. Document filed by Elliot Prigozen, STP Investments LLC, Richard Sheridan..(Frankel, Steven) [Transferred from New York Southern on 4/29/2022.] |
| 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) [Transferred from New York Southern on 4/29/2022.] |
| 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) [Transferred from New York Southern on 4/29/2022.] |
| Case Designated ECF. (vf) [Transferred from New York Southern on 4/29/2022.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Steven Eric Frankel to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. 440 (Rev.6/12) Summons in a Civil Case form. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) [Transferred from New York Southern on 4/29/2022.] |
| Filing 5 NOTICE OF APPEARANCE by Steven Eric Frankel on behalf of Elliot Prigozen, STP Investments LLC n/k/a STP Flex LLC, Richard Sheridan..(Frankel, Steven) [Transferred from New York Southern on 4/29/2022.] |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by STP Investments LLC n/k/a STP Flex LLC..(Frankel, Steven) [Transferred from New York Southern on 4/29/2022.] |
| Filing 3 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to NEOTEK ENERGY, INC., re: #1 Complaint. Document filed by Elliot Prigozen, STP Investments LLC n/k/a STP Flex LLC, Richard Sheridan..(Frankel, Steven) Modified on 2/24/2022 (vf). [Transferred from New York Southern on 4/29/2022.] |
| Filing 2 CIVIL COVER SHEET filed..(Frankel, Steven) [Transferred from New York Southern on 4/29/2022.] |
| Filing 1 COMPLAINT against NeoTek Energy, Inc.. (Filing Fee $ 402.00, Receipt Number BNYSDC-25770808)Document filed by STP Investments LLC n/k/a STP Flex LLC, Richard Sheridan, Elliot Prigozen. (Attachments: #1 Exhibit A - Promissory Notes, #2 Exhibit B - NeoTek Energy, Inc. - Notice of Default).(Frankel, Steven) [Transferred from New York Southern on 4/29/2022.] |
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