Douglas Elliman LLC v. Firefly Entertainment Inc. et al
| New York Southern District Court | |
| Judge: | Jesse M Furman |
| Case #: | 1:18-cv-01381 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332bc Diversity-Breach of Contract |
| Case Filed: | Feb 15, 2018 |
| Terminated: | Jan 24, 2019 |
| Last checked: Tuesday Aug 14, 2018 4:32 AM EDT |
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Defendant
13 Management LLC
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Represented By
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Defendant
Euro Tribeca LLC
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Represented By
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Defendant
Firefly Entertainment Inc.
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Represented By
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Plaintiff
Douglas Elliman LLC
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Represented By
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| Docket last updated: 04/21/2024 11:59 PM EDT |
| Tuesday, December 17, 2019 | ||
| 24 | 24
appeal
USCA Mandate
Tue 12/17 11:18 AM
MANDATE of USCA (Certified Copy) as to22 Notice of Appeal, filed by Douglas Elliman LLC. USCA Case Number 19-0279 Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/17/2019. (nd) |
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appeal
Transmission of USCA Mandate/Order to District Judge
Tue 12/17 11:18 AM
Transmission of USCA Mandate to the District Judge re:24 USCA Mandate,. (nd) |
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| Wednesday, January 30, 2019 | ||
| 23 | 23
1
pgs
appeal
Corrected Notice of Appeal
Wed 01/30 11:43 AM
CORRECTED NOTICE OF APPEAL re:22 Notice of Appeal,21 Clerk's Judgment,,,,20 Memorandum & Opinion,,,,. Document filed by Douglas Elliman LLC. (Cole, Michael) |
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| 22 | 22
appeal
Notice of Appeal
Wed 01/30 11:09 AM
FILING ERROR - NO ORDER SELECTED FOR APPEAL - FIRST NOTICE OF APPEAL. Document filed by Douglas Elliman LLC. Filing fee $ 505.00, receipt number ANYSDC-16265360. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Cole, Michael) Modified on 1/30/2019 (tp). |
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misc
Notice to Attorney Regarding Deficient Appeal
Wed 01/30 11:30 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Cole, Michael to RE-FILE Document No. 22 Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp) |
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appeal
Appeal Fee Paid via Pay.gov
Wed 01/30 11:47 AM
Appeal Fee Paid electronically via Pay.gov: for23 Corrected Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-16265360, paid on 01/30/2019. (nd) |
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Wed 01/30 11:47 AM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:23 Corrected Notice of Appeal. (nd) |
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appeal
Appeal Record Sent to USCA - Electronic File
Wed 01/30 11:50 AM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for23 Corrected Notice of Appeal filed by Douglas Elliman LLC were transmitted to the U.S. Court of Appeals. (nd) |
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| Thursday, January 24, 2019 | ||
| 21 | 21
order
Judgment - Clerk
Thu 01/24 12:38 PM
CLERK'S JUDGMENT re:20 Memorandum & Opinion. in favor of 13 Management LLC, Euro Tribeca LLC, Firefly Entertainment Inc. against Douglas Elliman LLC.It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated January 24, 2018, Defendants' motion to dismiss is granted and the complaint is dismissed in its entirety and the Court declines to grant Douglas Elliman leave to amend its Complaint; it declines to do so because Douglas Elliman has not requested such leave, see, e.g., Ritchie Capital Mgmt., LLC v. Gen. Elec. Capital Corp., 821 F.3d 349, 351-52 (2d Cir. 2016) (per curiam); because any amendment would plainly be futile, see Cuoco v. Moritsugu, 222 F.3d 112 (2d Cir. 2000); and because the Court previously gave Douglas Elliman notice of one final opportunity to amend the Complaint to address issues raised by the motion to dismiss: Docket No. 14, but Douglas Elliman declined to do so.; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 01/24/2019)(dt) |
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Att: 1
10 pgs
Notice of Right to Appeal
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| 20 | 20
6
pgs
order
Memorandum & Opinion
Thu 01/24 10:23 AM
MEMORANDUM OPINION AND ORDER: re:12 MOTION to Dismiss Complaint . filed by 13 Management LLC, Euro Tribeca LLC, Firefly Entertainment Inc. Accordingly, Defendants motion to dismiss is GRANTED, and the Complaint is dismissed in its entirety. Moreover, the Court declines to grant Douglas Elliman leave to amend its Complaint. It declines to do so because Doulas Elliman has not requested such leave, see, e.g., Ritchie Capital Mgmt., LLC v. Gen. Elec. Capital Corp., 821 F.3d 349, 351-52 (2d Cir. 2016) (per curiam); because any amendment would plainly be futile, see Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000); and because the Court previously gave Douglas Elliman notice of one final "opportunity to amend the Complaint to address issues raised by the motion to dismiss," Docket No. 14, but Douglas Elliman declined to do so. So Ordered. The Clerk of Court is directed to terminate Docket No. 12 and to close the case. (Signed by Judge Jesse M. Furman on 1/24/2019) (js) |
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| Thursday, December 06, 2018 | ||
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adr
Mediator Session Held
Thu 12/06 12:57 PM
Mediator Session Held on 12/04/18 at Plaintiff's Counsel's Office.(ah) |
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| Thursday, September 20, 2018 | ||
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adr
Mediator Session Scheduled
Thu 09/20 11:33 AM
MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 12/04/2018, 10 A.M. at Plaintiff's Counsel Office.(ah) |
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| Monday, August 27, 2018 | ||
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adr
Notice of Mediator Assignment
Mon 08/27 9:54 AM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 9/26/2018.(mf) |
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| Friday, August 17, 2018 | ||
| 18 | 18
1
pgs
order
Mediation Referral Order
Fri 08/17 4:01 PM
MEDIATION REFERRAL ORDER: The Court has consulted with the head of the Court-annexed Mediation Program in an effort to identify cases with pending motions that may be amenable to mediation prior to a decision on the motion mindful of the time it will take the Court to decide the motion and the time and expense involved in any litigation that could follow the Court's decision. In light of that consultation, it is hereby ORDERED that this case is referred for mediation to the Mediation Program. If any party objects to that referral, it shall file a letter explaining its objection within three days of this Order. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 8/27/2018. Mediator Expertise Request due by 8/22/2018. (Signed by Judge Jesse M. Furman on 8/17/2018) (ne) |
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| Tuesday, April 03, 2018 | ||
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11
pgs
respm
Reply Memorandum of Law in Support of Motion
Tue 04/03 5:03 PM
REPLY MEMORANDUM OF LAW in Support re:12 MOTION to Dismiss Complaint . . Document filed by 13 Management LLC, Euro Tribeca LLC, Firefly Entertainment Inc.. (Baldridge, James) |
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| Monday, March 26, 2018 | ||
| 16 | 16
17
pgs
respm
Memorandum of Law in Opposition to Motion
Mon 03/26 9:20 AM
MEMORANDUM OF LAW in Opposition re:12 MOTION to Dismiss Complaint . Corrected . Document filed by Douglas Elliman LLC. (Cole, Michael) |
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17
pgs
respm
Memorandum of Law in Opposition to Motion
Mon 03/26 9:13 AM
MEMORANDUM OF LAW in Opposition re:12 MOTION to Dismiss Complaint . . Document filed by Douglas Elliman LLC. (Cole, Michael) |
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| Thursday, March 08, 2018 | ||
| 14 | 14
1
pgs
order
Order ~Util - Set Deadlines
Thu 03/08 3:53 PM
ORDER: Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by March 27, 2018. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. It is further ORDERED that if no amended complaint is filed, Plaintiff shall serve any opposition to the motion to dismiss by March 27, 2018. Defendants' reply, if any, shall be served by April 3, 2018. Finally, it is further ORDERED that the initial pretrial conference scheduled for March 29, 2018 is adjourned sine die. (As further set forth in this Order.) (Amended Pleadings due by 3/27/2018., Responses due by 3/27/2018, Replies due by 4/3/2018.) (Signed by Judge Jesse M. Furman on 3/8/2018) (cf) |
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| Tuesday, March 06, 2018 | ||
| 13 | 13
17
pgs
respm
Memorandum of Law in Support of Motion
Tue 03/06 5:10 PM
MEMORANDUM OF LAW in Support re:12 MOTION to Dismiss Complaint . . Document filed by 13 Management LLC, Euro Tribeca LLC, Firefly Entertainment Inc.. (Baldridge, James) |
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| 12 | 12
2
pgs
motion
Dismiss
Tue 03/06 5:08 PM
MOTION to Dismiss Complaint . Document filed by 13 Management LLC, Euro Tribeca LLC, Firefly Entertainment Inc..(Baldridge, James) |
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| Thursday, February 22, 2018 | ||
| 11 | 11
misc
Rule 7.1 Corporate Disclosure Statement
Thu 02/22 1:30 PM
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Douglas Elliman Realty, LLC, Corporate Parent Vector Group, Ltd., Corporate Parent DER Holdings LLC for Douglas Elliman LLC. Document filed by Douglas Elliman LLC.(Cole, Michael) |
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| Tuesday, February 20, 2018 | ||
| 10 | 10
order
Order on Motion for Extension of Time to File Response/Reply
Tue 02/20 9:25 PM
ORDER granting9 Letter Motion for Extension of Time to File Response/Reply to the Complaint. The deadline to answer or otherwise respond to the Complaint is hereby extended to March 6, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
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| 9 | 9
motion
Extension of Time to File Response/Reply
Tue 02/20 3:54 PM
LETTER MOTION for Extension of Time to File Response/Reply to the Complaint addressed to Judge Jesse M. Furman from J. Douglas Baldridge dated February 20, 2018. Document filed by 13 Management LLC, Euro Tribeca LLC, Firefly Entertainment Inc..(Baldridge, James) |
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| 8 | 8
notice
Notice of Change of Address
Tue 02/20 11:40 AM
NOTICE OF CHANGE OF ADDRESS by Michael S. Cole on behalf of All Plaintiffs. New Address: COLE HANSEN CHESTER LLP, 767 Third Avenue, 24th Floor, New York, NY, USA 10017, (212) 599-1535. (Cole, Michael) |
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| Friday, February 16, 2018 | ||
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1
pgs
notice
Notice of Appearance
Fri 02/16 3:28 PM
NOTICE OF APPEARANCE by Michael S. Cole on behalf of Douglas Elliman LLC. (Cole, Michael) |
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| 6 | 6
3
pgs
order
Order for Initial Pretrial Conference
Fri 02/16 2:48 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on March 29, 2018 at 4:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (Initial Conference set for 3/29/2018 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/16/2018) (ras) |
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3
pgs
notice
Notice of Removal
Fri 02/16 1:00 PM
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 650386/2018..Document filed by Euro Tribeca LLC, 13 Management LLC, Firefly Entertainment Inc..(Baldridge, James) |
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Att: 1
Summons & Complaint
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misc
Notice to Attorney Regarding Deficient Pleading
Fri 02/16 10:54 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James Douglas Baldridge to RE-FILE Document No. 1 Notice of Removal,. The filing is deficient for the following reason(s): Pursuant to Rule 13.3, attachments to pleading must be labeled (i.e. Summons and Complaint). Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Fri 02/16 10:54 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James Douglas Baldridge. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1080000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to None; the County code has been modified to XX Out of State;. (jgo) |
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notice
Case Opening Initial Assignment Notice
Fri 02/16 10:58 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (jgo) |
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utility
Case Designation
Fri 02/16 11:00 AM
Magistrate Judge Robert W. Lehrburger 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:[LINK:http://nysd.uscourts.gov/forms.php] . (jgo) |
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utility
Case Designated ECF
Fri 02/16 11:00 AM
Case Designated ECF. (jgo) |
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| Thursday, February 15, 2018 | ||
| 4 | 4
notice
Notice of Appearance
Thu 02/15 5:33 PM
NOTICE OF APPEARANCE by John Carlos Vazquez on behalf of 13 Management LLC, Euro Tribeca LLC, Firefly Entertainment Inc.. (Vazquez, John) |
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| 3 | 3
2
pgs
misc
Rule 7.1 Corporate Disclosure Statement
Thu 02/15 5:29 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 13 Management LLC, Euro Tribeca LLC, Firefly Entertainment Inc..(Baldridge, James) |
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misc
Civil Cover Sheet
Thu 02/15 5:27 PM
CIVIL COVER SHEET filed. (Baldridge, James) |
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| 1 | 1
notice
Notice of Removal
Thu 02/15 5:24 PM
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 650386-18. (Filing Fee $ 400.00, Receipt Number 0208-14707629).Document filed by Euro Tribeca LLC, 13 Management LLC, Firefly Entertainment Inc..(Baldridge, James) |
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Att: 1
Exhibit 1
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