Arbor Agency Lending LLC v. D4MC, LLC et al
| Arbor Agency Lending, LLC |
| D4MC, LLC, JMJD4, LLC and JMJ Development LLC |
| 4:2021cv00899 |
| July 28, 2021 |
| US District Court for the Northern District of Texas |
| Mark Pittman |
| Contract: Other Contract |
| 28 U.S.C. ยง 1334 |
| None |
Docket Report
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Filing 10
ORDER: Defendant D4MC, LLC removed this case-originally filed in New York state court-to the United States District Court for the Eastern District of New York. ECF No. #1 . In its notice of removal, D4MC asserted that it would seek transfer to this Court before seeking a referral to the United States Bankruptcy Court for the Northern District of Texas, where D4MC, LLC had recently commenced a chapter 11 proceeding in Case No. 21-41371-elm11. Id. at 1-3. The parties all stipulated to the transfer and referral to the bankruptcy court (ECF No. #6 ), and the case was then transferred to this Court. ECF No. #8 . Pursuant to the parties' stipulation, it is ORDERED that the above-captioned case is hereby REFERRED and TRANSFERRED to the docket of United States Bankruptcy Judge Edward L. Morris in the United States Bankruptcy Court for the Northern District of Texas in connection with bankruptcy case In re D4MC, LLC, 21-41371-elm11. (Order e-mailed and forwarded to txnb-ftw) (Ordered by Judge Mark Pittman on 8/24/2021) (tln)
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| Filing 9 New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (tln) |
| Filing 8 Case electronically transferred in from District of New York Eastern; Case Number 2:21-cv-03566. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 7
ORDER terminating #5 Motion for Pre-Motion Conference; granting #6 Motion/Stipulation Consenting to Transfer of Venue Pursuant to 28 U.S.C. 1412 AND FED. R. BANKR. P. 7087. IT IS HEREBY STIPULATED AND AGREED, and when signed by the Court shall be an order of this Court, that This Removed Action be and it hereby is, transferred to the United States District Court for the Northern District of Texas, Fort Worth Division, for ultimate referral by that Court to the United States Bankruptcy Court for the Northern District of Texas, Fort Worth Division (the "Bankruptcy Court"); The Clerk of this Court is respectfully requested to transfer the file of this Removed Action to the United States District Court for the Northern District of Texas, Fort Worth Division; and Upon entry of this order the State Lawsuit so removed and transferred shall be stayed and held in abeyance on consent of the parties, pending further agreement of the parties or order of the Court. SEE ATTACHED ORDER for details. Ordered by Judge Joan M. Azrack on 7/28/2021. (Coleman, Laurie) [Transferred from New York Eastern on 7/28/2021.]
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| Filing 6 Letter MOTION to Change Venue by D4MC, LLC. (Attachments: #1 Proposed Order Stipulation) (Benowich, Leonard) [Transferred from New York Eastern on 7/28/2021.] |
| Case transferred to Northern District of Texas, Forth Worth Division. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Coleman, Laurie) [Transferred from New York Eastern on 7/28/2021.] |
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SCHEDULING ORDER: On June 30, 2021, counsel for defendant D4MC, LLC filed a letter requesting a pre-motion conference. Judge Azrack's Individual Rules require parties to respond to a pre-motion request letter within seven days. Plaintiff shall file a response by August 2, 2021.Ordered by Judge Joan M. Azrack on 7/26/2021. (Simmons, James) [Transferred from New York Eastern on 7/28/2021.]
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| Filing 5 Letter MOTION for pre motion conference by D4MC, LLC. (Benowich, Leonard) [Transferred from New York Eastern on 7/28/2021.] |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Landow, Concetta) [Transferred from New York Eastern on 7/28/2021.] |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) [Transferred from New York Eastern on 7/28/2021.] |
| Filing 2 Corporate Disclosure Statement by D4MC, LLC (Benowich, Leonard) [Transferred from New York Eastern on 7/28/2021.] |
| Filing 1 NOTICE OF REMOVAL by D4MC, LLC from Supreme/Nassau, case number 612542/2020. ( Filing fee $ 402 receipt number ANYEDC-14596126) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit State Court Docket, #3 Civil Cover Sheet) (Benowich, Leonard) Modified on 6/24/2021 (Landow, Concetta). [Transferred from New York Eastern on 7/28/2021.] |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Landow, Concetta) [Transferred from New York Eastern on 7/28/2021.] |
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