Overnight Capital LLC v. Vyvue, LLC et al
| Overnight Capital LLC |
| Vyvue, LLC and Bennett E. Hortman, II |
| 2:2023cv00357 |
| 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
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This docket was last retrieved on July 10, 2023. A more recent docket listing may be available from PACER.
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Filing 7
MEMORANDUM DECISION AND ORDER denying #6 Motion for Relief from Remand Order re 4 Order. Signed by Judge David Barlow on 7/7/2023. (mh)
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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)
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Filing 5
NOTICE OF TRANSMITTAL that case has been transferred to Supreme Court of New York Ontario County via Mail. Docket with Docket Text Order of Remand sent given case number 135905/2023. (mh)
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Filing 4
DOCKET TEXT ORDER. On April 13, 2023, Plaintiff filed its Complaint in the Supreme Court of the State of New York in Ontario 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 Western 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. (cfm)
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Filing 3
NOTICE OF INELIGIBLE ATTORNEY -Attorney Michael Scarpati, for Plaintiff Overnight Capital LLC, has been notified that he/she is not in active status or has not been admitted to practice in this court and can not practice before this court. (ks)
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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. (Notice generated by Court) Form due by 6/21/2023. (ks)
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Filing 1
NOTICE OF REMOVAL from Supreme Court of New York, Ontario County, case number 135905/2023, (Filing fee $ 402, receipt number AUTDC-4693895) filed by Bennett E. Hortman, II, Vyvue, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Ford, Adam)
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Judge David Barlow added. Case number will now read 2:23-cv-00357-DB. Please make changes to document captions accordingly. (ks)
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