Velocity Capital Group LLC v. Vyvue, LLC et al
Velocity Capital Group LLC doing business as ILend Advance |
Vyvue, LLC and Bennett E. Hortman, II |
2:2023cv00356 |
May 31, 2023 |
US District Court for the District of Utah |
David Barlow |
Contract: Other |
28 U.S.C. ยง 1441 Notice of Removal- Other Contract |
None |
Docket Report
This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 8 MEMORANDUM DECISION AND ORDER denying #6 Motion for Relief from 4 Order. Signed by Judge David Barlow on 7/17/2023. (mh) |
Filing 7 NOTICE OF ACKNOWLEDGMENT of 4 Docket Text Order. (Attachments: #1 Envelope) (mh) Modified correcting file date on 6/29/2023 (mh). |
Filing 6 MOTION Relief from Remand Order re 4 Order,,, and Memorandum in Support filed by Defendants Bennett E. Hortman, II, Vyvue, LLC. (Ford, Adam) |
Filing 5 NOTICE OF TRANSMITTAL that case has been transferred to Supreme Court of New York Kings County via Mail. Docket with Docket Text Order of Remand sent given case number 510067/2023. (mh) |
Filing 4 DOCKET TEXT ORDER. On April 3, 2023, Plaintiff filed its Complaint in the Supreme Court of the State of New York in Kings County. ECF No. 1, at 6. On May 31, 2023, Defendants purported to remove the action to the U.S. District Court for the District of Utah. ECF No. 1, at 1. Pursuant to 28 U.S.C. 1441, "any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by... the defendants, to the district court of the United States for the district and division embracing the place where such action is pending." Here, the action is pending within the geographical confines of the Eastern District of New York, not the District of Utah. Removal to this court is therefore improper. Accordingly, the action is HEREBY REMANDED to the state court for further proceedings. Signed by Judge David Barlow on 6/1/2023. (tcs) |
Filing 3 NOTICE OF INELIGIBLE ATTORNEY -Attorney Isaac H. Greenfield, for Plaintiff Velocity Capital Group LLC, has been notified (via regular mail) that he has not been admitted to practice in the U.S. District Court District of Utah or has not been filed a Motion to appear Pro Hac Vice and can not practice before this court. (haa) |
Filing 2 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Defendants Bennett E. Hortman, II, Vyvue, LLC. Form due by 6/21/2023. (haa) |
Filing 1 NOTICE OF REMOVAL from Supreme Court of New York, Kings County, case number 510067/2023, (Filing fee $ 402, receipt number AUTDC-4693674) filed by Bennett E. Hortman, II, Vyvue, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Ford, Adam) |
Judge David Barlow added. Case number will now read 2:23-cv-00356-DBB. Please make changes to document captions accordingly. (haa) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Utah District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.