Brown v. Building Engines, Inc. (1:21-cv-10893), New York Southern District Court

Brown v. Building Engines, Inc.

New York Southern District Court
Judge:	P Kevin Castel
Referred:	Stewart D Aaron
Case #:	1:21-cv-10893
Nature of Suit	190 Contract - Other Contract
Cause	28:1332jd Diversity-Declaratory Judgement

Case Filed:	Dec 20, 2021
Terminated:	Jul 28, 2023

Last checked: Saturday Jun 18, 2022 5:37 AM EDT

Defendant Building Engines, Inc.	Represented By Emily Kimmelman Morgan Lewis & Bockius, Llp (pa) contact info Brian A. Herman Morgan, Lewis & Bockius Llp (new York) contact info Laura Hughes McNally Morgan Lewis & Bockius, Llp (pa) contact info
Plaintiff Michael Brown	Represented By Bonnie Levine Verse Legal, LLC contact info

Docket last updated: 04/29/2024 11:59 PM EDT

Tuesday, August 08, 2023
		appeal Transmission of USCA Mandate/Order to District Judge Tue 08/08 9:06 AM Transmission of USCA Mandate to the District Judge re:40 USCA Mandate..(nd) Related: [-]
Monday, August 07, 2023
40		40 appeal USCA Mandate Tue 08/08 9:06 AM MANDATE of USCA (Certified Copy) as to36 Notice of Interlocutory Appeal, filed by Michael Brown. USCA Case Number 22-2053 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 8/7/2023..(nd) Related: [-]
Friday, July 28, 2023
39		39 order Stipulation and Order of Dismissal Fri 07/28 5:19 PM JOINT STIPULATION TO DISMISS THE AMENDED COMPLAINT WITHOUT PREJUDICE: NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties through their respective attorneys of record that: The above-entitled action be and hereby is dismissed without prejudice. The plaintiff will not petition for rehearing or hearing en banc on appeal. The plaintiff will refile the Amended Complaint in this Court as a new Complaint. The plaintiff will offer, and the Defendant will accept, waiver of service of process on the newly-filed action. The parties will jointly request that the new case be assigned to Magistrate Judge Stewart Aaron in the interest of judicial efficiency, given his familiarity with the underlying documents and issues. IT IS SO ORDERED. (Signed by Judge P. Kevin Castel on 7/28/2023) (ama) Related: [-]
38		38 misc Proposed Stipulation and Order Fri 07/28 2:33 PM PROPOSED STIPULATION AND ORDER. Document filed by Michael Brown(as agent on behalf of former equityholders of Emergent Properties Inc.)..(Levine, Bonnie) Related: [-]
Tuesday, July 18, 2023
		misc Notice to Attorney Regarding Deficient Pleading Tue 07/18 1:48 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Bonnie Levine re: Document No. 37 Amended Complaint. The filing is deficient for the following reason(s): Add Michael Brown to CM ECF with the party text "individually". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) Related: [-]
		utility Add Party for Pleading Tue 07/18 2:44 PM ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Michael Brown, Michael Brown added. Party added pursuant to37 Amended Complaint.Document filed by Michael Brown, Michael Brown. Related document:37 Amended Complaint..(Levine, Bonnie) Related: [-]
Monday, July 17, 2023
37		37 cmp Amended Complaint Mon 07/17 2:39 PM FIRST AMENDED COMPLAINT amending1 Complaint, against Building Engines, Inc..Document filed by Michael Brown. Related document:1 Complaint,..(Levine, Bonnie) Related: [-]
Monday, September 12, 2022
36		36 appeal Notice of Interlocutory Appeal Mon 09/12 1:36 PM NOTICE OF INTERLOCUTORY APPEAL from35 Order Adopting Report and Recommendations, Terminate Motions. Document filed by Michael Brown. Filing fee $ 505.00, receipt number ANYSDC-26663913. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Levine, Bonnie) Related: [-]
		appeal Transmission of Notice of Appeal and Docket Sheet to USCA Mon 09/12 4:41 PM Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:36 Notice of Interlocutory Appeal. (tp) Related: [-]
		appeal Appeal Record Sent to USCA - Electronic File Mon 09/12 4:42 PM Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for36 Notice of Interlocutory Appeal, filed by Michael Brown were transmitted to the U.S. Court of Appeals. (tp) Related: [-]
Thursday, August 11, 2022
35		35 4 pgs order Order Adopting Report and Recommendations ~Util - Terminate Motions Thu 08/11 10:57 AM ORDER ADOPTING REPORT AND RECOMMENDATION: for32 Report and Recommendation. Upon a de novo review of such parts of the R&R to which objections have been made and considering all of the arguments of the parties, including those not expressly referenced herein, the Court adopts the R&R. Rule 72(b)(3), Fed. R. Civ. P. The Clerk is directed to terminate the motion. (Doc. 14.) SO ORDERED., Motions terminated:14 MOTION to Dismiss the complaint filed by Building Engines, Inc. (Signed by Judge P. Kevin Castel on 8/11/2022) (ama) Related: [-]
Friday, May 13, 2022
34		34 respoth Response (non-motion) Fri 05/13 3:44 PM RESPONSE re:33 Notice (Other) Plaintiff's Partial Objections to Report and Recommendation . Document filed by Building Engines, Inc...(McNally, Laura) Related: [-]
Friday, April 29, 2022
33		33 notice Notice (Other) Fri 04/29 8:25 PM NOTICE of Partial Objections to Report and Recommendation re:32 Report and Recommendations,,. Document filed by Michael Brown..(Levine, Bonnie) Related: [-]
Friday, April 15, 2022
32		32 order Report and Recommendations Fri 04/15 4:40 PM REPORT AND RECOMMENDATION re:14 MOTION to Dismiss the complaint . filed by Building Engines, Inc. For the foregoing reasons, I respectfully recommend that Defendant's motion to dismiss be GRANTED IN PART and DENIED IN PART. Specifically, I recommend that Defendant's motion to dismiss based on forum non conveniens be denied; Defendant's motion to dismiss for failure to state a claim be granted; Defendant's request for attorney's fees be denied and that Plaintiff be granted leave to amend. Objections to R&R due by 4/29/2022 (Signed by Magistrate Judge Stewart D. Aaron on 4/15/2022) (rro) Related: [-]
31		31 misc Notice of Filing Transcript Fri 04/15 3:46 PM NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Oral Argument proceeding held on 4/13/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) Related: [-]
30		30 misc Transcript Fri 04/15 3:43 PM TRANSCRIPT of Proceedings re: Oral Argument held on 4/13/2022 before Magistrate Judge Stewart D. Aaron. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/6/2022. Redacted Transcript Deadline set for 5/16/2022. Release of Transcript Restriction set for 7/14/2022..(Moya, Goretti) Related: [-]
Wednesday, April 13, 2022
		order Order Wed 04/13 10:45 AM ORDER: A Microsoft Teams link was sent to all counsel of record in advance of today's remote oral argument. Members of the public may use the following dial-in information: +1 917-933-2166, 272644192# Phone Conference ID: 272 644 192# (Signed by Magistrate Judge Stewart D. Aaron on 4/13/2022) (Text Only Order) (kl) Related: [-]
		minutes Oral Argument Wed 04/13 3:23 PM Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephonic Oral Argument held on 4/13/2022. Court Reporter Rose Prater present. (kl) Related: [-]
Tuesday, April 12, 2022
28		28 respm Reply Memorandum of Law in Support of Motion Tue 04/12 4:28 PM REPLY MEMORANDUM OF LAW in Support re:14 MOTION to Dismiss the complaint . . Document filed by Building Engines, Inc...(McNally, Laura) Related: [-]
Wednesday, April 06, 2022
27		27 order Memo Endorsement Wed 04/06 5:41 PM MEMO ENDORSEMENT on re:26 Letter filed by Building Engines, Inc.. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 4/6/2022) (kv) Related: [-]
26		26 misc Letter Wed 04/06 3:50 PM JOINT LETTER addressed to Magistrate Judge Stewart D. Aaron from Brian Herman dated April 6, 2022 re: Preference to Conduct Oral Argument via Video Conference. Document filed by Building Engines, Inc...(Herman, Brian) Related: [-]
Monday, April 04, 2022
		notice Notice of Case Assignment/Reassignment Mon 04/04 3:15 PM NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Alison J. Nathan is no longer assigned to the case. (laq) Related: [-]
Friday, April 01, 2022
25		25 2 pgs order Order on Motion to Seal Fri 04/01 8:02 AM ORDER granting12 Letter Motion to Seal. (Signed by Magistrate Judge Stewart D. Aaron on 4/1/2022) (Aaron, Stewart) Related: [-]
Tuesday, March 22, 2022
24		24 notice Notice (Other) Tue 03/22 9:22 PM *SELECTED PARTIES*NOTICE of Exhibit A to Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss - Merger Agreement Additional Excerpts Filed Under Seal per Defendant's unopposed Letter Motion (Doc No 12) re:12 LETTER MOTION to Seal addressed to Judge Alison J. Nathan from Brian A. Herman dated February 22, 2022.. Document filed by Michael Brown, Building Engines, Inc.. Motion or Order to File Under Seal:12 .(Levine, Bonnie) Related: [-]
23		23 30+ pgs respm Memorandum of Law in Opposition to Motion Tue 03/22 9:16 PM MEMORANDUM OF LAW in Opposition re:14 MOTION to Dismiss the complaint . . Document filed by Michael Brown..(Levine, Bonnie) Related: [-]
		Att: 1 Exhibit Exhibit A - Redacted - Filed Under Seal Pursuant to Defendant's Letter Motion (Doc. No. 12)
Tuesday, March 08, 2022
22		22 1 pgs order Order on Motion to Appear Pro Hac Vice Tue 03/08 10:18 AM ORDER granting20 Motion for Laura Hughes McNally to Appear Pro Hac Vice. The motion of Laura Hughes McNally for admission to practice pro hac vice in the above-captioned action is granted. (Signed by Magistrate Judge Stewart D. Aaron on 3/8/2022) (kl) Related: [-]
		misc Notice Regarding Pro Hac Vice Motion Tue 03/08 10:00 AM >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 20 MOTION for Laura Hughes McNally to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25822692. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) Related: [-]
Monday, March 07, 2022
21		21 2 pgs order Order on Motion for Extension of Time to File Response/Reply Mon 03/07 4:28 PM ORDER granting19 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. In addition, at Defendant's request (see Letter, ECF No. 16), the Court will hold oral argument on Defendant's motion on Wednesday, April 13, 2022 at 2:30 p.m. via telephone or, if the parties prefer and are able to provide access to a video conference platform, by video. The parties shall inform the Court of their preference no later than April 6, 2022. The Initial Pretrial Conference scheduled for March 30, 2022 is adjourned sine die. So Ordered. Responses due by 3/22/2022 Replies due by 4/12/2022.. (Signed by Magistrate Judge Stewart D. Aaron on 3/7/2022) (js) Related: [-]
20		20 motion Appear Pro Hac Vice Mon 03/07 11:29 AM MOTION for Laura Hughes McNally to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25822692. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Building Engines, Inc...(McNally, Laura) Related: [-]
		Att: 1 Text of Proposed Order Proposed Order,
		Att: 2 Declaration of Laura Hughes McNally in Support of Motion,
		Att: 3 PA Certificate of Good Standing,
		Att: 4 NJ Certificate of Good Standing
19		19 motion Extension of Time to File Response/Reply Mon 03/07 10:07 AM CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to16 Letter,15 Memorandum of Law in Support of Motion,14 MOTION to Dismiss the complaint . addressed to Magistrate Judge Stewart D. Aaron from Bonnie Levine dated March 7, 2022. Document filed by Michael Brown..(Levine, Bonnie) Related: [-]
		utility Set/Reset Hearings Mon 03/07 4:29 PM Set/Reset Hearings: Oral Argument set for 4/13/2022 at 02:30 PM before Magistrate Judge Stewart D. Aaron. (js) Related: [-]
Monday, February 28, 2022
18		18 order Memo Endorsement Mon 02/28 12:41 PM MEMO ENDORSEMENT on re:16 Letter filed by Building Engines, Inc. ENDORSEMENT: The Court has referred the motion to dismiss to the Magistrate Judge for resolution. The Magistrate Judge will informed the parties if he requires oral argument. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/28/2022) (vfr) Related: [-]
Thursday, February 24, 2022
17		17 order Amended Order Referring Case to Magistrate Judge Thu 02/24 11:56 AM AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Stewart D. Aaron. Motion Dkt. No. 14 referred to Stewart D. Aaron. The Clerk of Court is respectfully directed to close the referral order at Dkt. No. 6. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/23/2022) (vfr) Related: [-]
Tuesday, February 22, 2022
16		16 misc Letter Tue 02/22 5:51 PM LETTER addressed to Judge Alison J. Nathan from Brian A. Herman dated February 22, 2022 re: Requesting Oral Argument. Document filed by Building Engines, Inc...(Herman, Brian) Related: [-]
15		15 20 pgs respm Memorandum of Law in Support of Motion Tue 02/22 5:44 PM MEMORANDUM OF LAW in Support re:14 MOTION to Dismiss the complaint . . Document filed by Building Engines, Inc...(Herman, Brian) Related: [-]
		Att: 1 Exhibit A - Merger Agreement
14		14 motion Dismiss Tue 02/22 5:34 PM MOTION to Dismiss the complaint . Document filed by Building Engines, Inc...(Herman, Brian) Related: [-]
13		13 notice Notice (Other) Tue 02/22 5:31 PM *SELECTED PARTIES*NOTICE of Exhibit A to Defendant's Memorandum of Law in Support of Motion to Dismiss re:12 LETTER MOTION to Seal addressed to Judge Alison J. Nathan from Brian A. Herman dated February 22, 2022.. Document filed by Building Engines, Inc., Michael Brown. Motion or Order to File Under Seal:12 .(Herman, Brian) Related: [-]
12		12 motion Seal Tue 02/22 5:05 PM LETTER MOTION to Seal addressed to Judge Alison J. Nathan from Brian A. Herman dated February 22, 2022. Document filed by Building Engines, Inc...(Herman, Brian) Related: [-]
Wednesday, February 16, 2022
11		11 3 pgs order Order for Initial Pretrial Conference Wed 02/16 4:44 PM ORDER SCHEDULING TELEPHONIC INITIAL PRETRIAL CONFERENCE: The above-referenced action has been referred to Magistrate Judge Stewart D. Aaron for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions and settlement, pursuant to 28 U.S.C. � 636(b)(1)(A). All pretrial motions and applications, including those related to scheduling and discovery, must be made to Judge Aaron and in compliance with this Court's Individual Practices, available on the Court's website at https://nysd.uscourts.gov/hon-stewart-d-aaron. An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held on Wednesday, March 30, 2022 at 2:00 p.m. The conference shall be conducted by telephone. At the scheduled time, the parties shall each separately call (888) 278- 0296 (or (214) 765-0479) and enter access code 6489745. So Ordered. Initial Conference set for 3/30/2022 at 02:00 PM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 2/16/2022) (js) Related: [-]
10		10 1 pgs order Order on Motion to Appear Pro Hac Vice Wed 02/16 9:16 AM ORDER FOR ADMISSION PRO HAC VICE granting9 Motion for Emily S. Kimmelman to Appear Pro Hac Vice. The motion of Emily S. Kimmelman for admission to practice pro hac vice in the above-captioned action is granted. (Signed by Magistrate Judge Stewart D. Aaron on 2/16/2022) (kl) Related: [-]
		misc Notice Regarding Pro Hac Vice Motion Wed 02/16 8:39 AM >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 9 MOTION for Emily S. Kimmelman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25734976. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) Related: [-]
Tuesday, February 15, 2022
9		9 motion Appear Pro Hac Vice Tue 02/15 2:02 PM MOTION for Emily S. Kimmelman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25734976. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Building Engines, Inc...(Kimmelman, Emily) Related: [-]
		Att: 1 Declaration in Support,
		Att: 2 PA COGS,
		Att: 3 Text of Proposed Order Proposed Order
8		8 notice Notice of Appearance Tue 02/15 1:19 PM NOTICE OF APPEARANCE by Brian A. Herman on behalf of Building Engines, Inc...(Herman, Brian) Related: [-]
7		7 misc Rule 7.1 Corporate Disclosure Statement Tue 02/15 12:03 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Jones Lang LaSalle, Inc. for Building Engines, Inc.. Document filed by Building Engines, Inc...(Herman, Brian) Related: [-]
Friday, January 14, 2022
6		6 1 pgs order Order Referring Case to Magistrate Judge Fri 01/14 1:41 PM ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Alison J. Nathan on 1/14/2022) (va) Related: [-]
Wednesday, December 22, 2021
5		5 service Waiver of Service Executed Wed 12/22 1:51 PM WAIVER OF SERVICE RETURNED EXECUTED. Building Engines, Inc. waiver sent on 12/22/2021, answer due 2/22/2022. Document filed by Michael Brown..(Levine, Bonnie) Related: [-]
Tuesday, December 21, 2021
4		4 service Summons Issued Tue 12/21 1:53 PM ELECTRONIC SUMMONS ISSUED as to Building Engines, Inc...(pc) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Tue 12/21 1:48 PM ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bonnie Levine. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,500,000,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $1,500,000; the County code has been modified to Kings;. (pc) Related: [-]
		notice Case Opening Initial Assignment Notice Tue 12/21 1:50 PM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) Related: [-]
		utility Case Designation Tue 12/21 1:50 PM Magistrate Judge Stewart D. Aaron 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:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc) Related: [-]
		utility Case Designated ECF Tue 12/21 1:50 PM Case Designated ECF. (pc) Related: [-]
Monday, December 20, 2021
3		3 service Request for Issuance of Summons Mon 12/20 1:47 PM REQUEST FOR ISSUANCE OF SUMMONS as to Building Engines, Inc., re:1 Complaint,. Document filed by Michael Brown..(Levine, Bonnie) Related: [-]
2		2 misc Civil Cover Sheet Mon 12/20 1:45 PM CIVIL COVER SHEET filed..(Levine, Bonnie) Related: [-]
1		1 cmp Complaint Mon 12/20 12:29 PM COMPLAINT against Building Engines, Inc.. (Filing Fee $ 402.00, Receipt Number BNYSDC-25491256)Document filed by Michael Brown..(Levine, Bonnie) Related: [-]
		Att: 1 Exhibit 1 - Building Engines June 7 2021 Announcement,
		Att: 2 Exhibit 2 - Mutual Confidentiality and Non-disclosure Agreement,
		Att: 3 Exhibit 3 - JLL Oct 21 2021 Press Release Announcing Building Engines Strategic Acquisition,
		Att: 4 Exhibit 4 - Building Engines Nov 30 2021 Announcement

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