PIRS Capital, LLC v. Arnold's Office Furniture, LLC et al

New York Southern District Court
Judge:Jesse M Furman
Case #: 1:23-cv-00091
Nature of Suit190 Contract - Other Contract
Cause28:1332bc Diversity-Breach of Contract
Case Filed:Jan 05, 2023
Terminated:Jan 20, 2023
Last checked: Thursday Jul 06, 2023 5:36 AM EDT
Defendant
Arnold's Office Furniture, LLC
Represented By
Michael Lieberman
Fox Rothschild LLP
contact info
Defendant
Jay Berkowitz
Represented By
Michael Lieberman
Fox Rothschild LLP
contact info
Plaintiff
PIRS Capital, LLC


Docket last updated: 4 hours ago
Friday, January 20, 2023
13 13 1 pgs order Order on Motion to Stay Fri 01/20 11:41 AM
ORDER granting12 Letter Motion to Stay re:12 JOINT LETTER MOTION to Stay Pending Arbitration addressed to Judge Jesse M. Furman from Danielle Ryan dated 1/19/2023. The motion to stay this case pending arbitration is GRANTED. The request to redact the names of PIRS's members is DENIED. The Clerk of Court is directed to terminate ECF No. 12. As there is no reason to keep the case open pending the arbitration, the Clerk is also directed to administratively close the case without prejudice to either party moving by letter motion to reopen the case within thirty days of the conclusion of the arbitration proceedings. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/20/23) (yv)
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Thursday, January 19, 2023
12 12 motion Stay Thu 01/19 10:12 PM
JOINT LETTER MOTION to Stay Pending Arbitration addressed to Judge Jesse M. Furman from Danielle Ryan dated 1/19/2023. Document filed by Arnold's Office Furniture, LLC, Jay Berkowitz..(Lieberman, Michael)
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11 11 notice Notice (Other) Thu 01/19 12:49 PM
NOTICE of of Exhibit to Pleading / Notice of Removal re:10 Amended Notice of Removal,. Document filed by Jay Berkowitz..(Lieberman, Michael)
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10 10 notice Amended Notice of Removal Thu 01/19 12:46 PM
AMENDED NOTICE OF REMOVAL against PIRS Capital, LLC; amending1 Notice of Removal,.Document filed by Jay Berkowitz. Related document:1 Notice of Removal,..(Lieberman, Michael)
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Att: 1 Exhibit 1 - State Court Docket & Filings,
Att: 2 Supplement Redline Comparison
Wednesday, January 18, 2023
misc Notice to Attorney Regarding Deficient Pleading Wed 01/18 2:19 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Lieberman to RE-FILE re: Document No. 9 Amended Notice of Removal. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. Pleading Caption "et al" error. The pleading caption must name the parties; the order granting permission to file the pleading was not attached. Re-file the pleading using the event type Amended 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (vf)
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Tuesday, January 17, 2023
9 9 notice Amended Notice of Removal Tue 01/17 8:27 AM
AMENDED NOTICE OF REMOVAL against PIRS Capital, LLC; amending1 Notice of Removal,.Document filed by Jay Berkowitz. Related document:1 Notice of Removal,..(Lieberman, Michael)
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Att: 1 Exhibit 1 - State Court Docket & Filings,
Att: 2 Supplement Redline Comparison
Friday, January 13, 2023
8 8 2 pgs order Order on Motion for Extension of Time to Answer Fri 01/13 9:35 AM
ORDER granting7 Letter Motion for Extension of Time to Answer re7 LETTER MOTION for Extension of Time to File Answer re:1 Notice of Removal, addressed to Judge Jesse M. Furman from Michael Lieberman, Esq. dated January 12, 2023. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 7. Arnold's Office Furniture, LLC answer due 1/19/2023; Jay Berkowitz answer due 1/19/2023. (Signed by Judge Jesse M. Furman on 1/13/2023) (va)
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Thursday, January 12, 2023
7 7 motion Extension of Time to File Answer Thu 01/12 6:02 PM
LETTER MOTION for Extension of Time to File Answer re:1 Notice of Removal, addressed to Judge Jesse M. Furman from Michael Lieberman, Esq. dated January 12, 2023. Document filed by Arnold's Office Furniture, LLC, Jay Berkowitz..(Lieberman, Michael)
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Monday, January 09, 2023
6 6 3 pgs order Order for Initial Pretrial Conference Mon 01/09 1:07 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on April 18, 2023 at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. And as set forth herein. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED.Telephonic Initial Conference set for 4/18/2023 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 1/09/2023) (ama)
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5 5 2 pgs order Order ~Util - Set Deadlines/Hearings Mon 01/09 1:00 PM
ORDER: Accordingly, it is hereby ORDERED that, on or before January 16, 2023, Defendant Berkowitz shall amend the notice of removal to affirmatively allege the citizenship of each constituent person or entity comprising each LLC that is relevant to establish jurisdiction in this case. If, by that date, Defendant Berkowitz is unable to amend the notice of removal to truthfully allege complete diversity of citizenship, then case will be remanded for lack of subject matter jurisdiction without further notice to any party. And as set forth herein. SO ORDERED., ( Amended Pleadings due by 1/16/2023.) (Signed by Judge Jesse M. Furman on 1/09/2023) (ama)
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Friday, January 06, 2023
notice Case Opening Initial Assignment Notice Fri 01/06 10:56 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: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] ..(gp)
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utility Case Designation Fri 01/06 10:56 AM
Magistrate Judge Katharine H. Parker 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] . (gp)
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utility Case Designated ECF Fri 01/06 10:57 AM
Case Designated ECF. (gp)
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Thursday, January 05, 2023
4 4 misc Rule 7.1 Corporate Disclosure Statement Thu 01/05 7:23 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Arnold's Used Office Furniture, LLC for Arnold's Office Furniture, LLC. Document filed by Arnold's Office Furniture, LLC..(Lieberman, Michael)
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3 3 notice Notice of Appearance Thu 01/05 7:21 PM
NOTICE OF APPEARANCE by Michael Lieberman on behalf of Arnold's Office Furniture, LLC, Jay Berkowitz..(Lieberman, Michael)
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2 2 misc Civil Cover Sheet Thu 01/05 7:20 PM
CIVIL COVER SHEET filed..(Lieberman, Michael)
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1 1 notice Notice of Removal Thu 01/05 7:19 PM
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 654264/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-27166817).Document filed by Jay Berkowitz..(Lieberman, Michael)
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Att: 1 15 pgs Exhibit 1 - State Court Docket & Filings,
Att: 2 Exhibit 2 - State Court Notice of Notice of Removal