Bankers Healthcare Group, LLC v. TCEX, LLC et al
| New York Northern District Court | |
| Judge: | Brenda K Sannes |
| Referred: | Therese Wiley Dancks |
| Case #: | 5:23-cv-00611 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Contract Dispute |
| Case Filed: | May 22, 2023 |
| Terminated: | Feb 28, 2024 |
| Case in other court: | NYS Supreme Court Onondaga County, 003454/2023 |
| Last checked: Sunday Nov 19, 2023 5:05 AM EST |
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Defendant
Charles Burke, Jr.
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Represented By
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Defendant
TCEX, LLC
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Represented By
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Plaintiff
Bankers Healthcare Group, LLC
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Represented By
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GPO
Dec 12 2023
ORDER TO SHOW CAUSE: It is ORDERED that Defendants TCEX and Burke ("the removing Defendants") shall file a memorandum, not to exceed fifteen pages by 1/2/2024, showing cause why this action should not be dismissed for lack of subject matter jurisdiction. It is further ORDERED that if the removing Defendants maintain that there is complete diversity between the parties, they shall submit supporting evidence, including affidavits identifying the citizenship of each member of TCEX and BHG. It is further ORDERED that the Plaintiff may respond to the removing Defendants' submission, with a memorandum not to exceed fifteen pages, on or before 1/16/2024. Signed by Chief Judge Brenda K. Sannes on 12/12/2023. (nmk) |
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GPO
Feb 28 2024
unty via regular mail.) (nmk)MEMORANDUM-DECISION AND ORDER: It is ORDERED that Plaintiff's motion to remand (Dkt. No. 7) is GRANTED. It is further ORDERED that this action is REMANDED to the Supreme Court of the State of New York, County of Onondaga for all further proceedings. It is further ORDERED that the Defendants' motion to dismiss or transfer, (Dkt. No. 11), is DENIED. Signed by Chief Judge Brenda K. Sannes on 2/28/2024. (Copy served upon Clerk of the Supreme Court of the State of New York, Onondaga Co |
| Docket last updated: 05/07/2024 11:59 PM EDT |
| Tuesday, April 23, 2024 | ||
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appeal
USCA Case Number
Tue 04/23 10:49 AM
USCA Case Number 24-774 for25 Notice of Appeal filed by TCEX, LLC, Charles Burke, Jr.. (nas) |
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| Monday, March 25, 2024 | ||
| 26 | 26
appeal
Electronic Notice and Certification to USCA of Appeal
Mon 03/25 12:04 PM
ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re25 Notice of Appeal. (ztc) |
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| Sunday, March 24, 2024 | ||
| 25 | 25
appeal
Notice of Appeal
Sun 03/24 1:13 PM
NOTICE OF APPEAL as to24 Order on Motion to Remand,, by Charles Burke, Jr, TCEX, LLC. Filing fee $ 605, receipt number ANYNDC-6667461. (Dombrow, Russell) |
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| Wednesday, February 28, 2024 | ||
| 24 | 24
22
pgs
order
Order on Motion to Remand
Wed 02/28 11:09 AM
MEMORANDUM-DECISION AND ORDER: It is ORDERED that Plaintiff's motion to remand (Dkt. No.7 ) is GRANTED. It is further ORDERED that this action is REMANDED to the Supreme Court of the State of New York, County of Onondaga for all further proceedings. It is further ORDERED that the Defendants' motion to dismiss or transfer, (Dkt. No.11 ), is DENIED. Signed by Chief Judge Brenda K. Sannes on 2/28/2024. (Copy served upon Clerk of the Supreme Court of the State of New York, Onondaga County via regular mail.) (nmk) |
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| Monday, January 22, 2024 | ||
| 23 | 23
order
Order
Mon 01/22 2:19 PM
TEXT ORDER: Having reviewed the parties' submissions21 ,22 in response to the Court's Order to Show Cause18 , the Court finds that at this time Defendants have met their burden of establishing that the grounds for diversity jurisdiction exist. Defendant Charles A. Burke affirmed in an affidavit that he is, and always has been, the only member of TCEx, LLC. (Dkt. No. 21, 2). Burke is a citizen of North Carolina, (see id., 1), and TCEx, LLC therefore is also a citizen of North Carolina. Defendants explain that in North Carolina, an LLC's dissolution is not a ground upon which a person's status as an LLC member may be terminated and, as a result, the citizenship of TCEx, LLC has not been affected by its dissolution. (Dkt. No. 21-1, at 3 (citing N.C. Gen. Stat. § 57D-3-02)). With respect to Plaintiff Bankers Healthcare Group, LLC, Defendants argue that only one member of the LLC has been officially made public, Albert Crawford. The documents submitted by Defendants -- Crawford's LinkedIn page, a Forbes Business Council page, and information from a LexisNexis database -- indicate Mr. Crawford resides in Florida and is therefore a citizen of Florida. (See Dkt. Nos. 21-4, 21-5, 21-8). Plaintiff Bankers Healthcare Group has not argued that it has any member who defeats diversity jurisdiction. The Court therefore finds that the Defendants have demonstrated a sufficient basis for diversity jurisdiction. SO ORDERED by Chief Judge Brenda K. Sannes on 1/22/2024. (nmk) |
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| Tuesday, January 16, 2024 | ||
| 22 | 22
7
pgs
respm
Memorandum of Law
Tue 01/16 4:10 PM
MEMORANDUM OF LAW re18 Order,,, Set Deadlines,,21 Response to Order to Show Cause,, filed by Bankers Healthcare Group, LLC. (Pavlus, Jordan) |
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| Tuesday, January 02, 2024 | ||
| 21 | 21
respm
Response to Order to Show Cause
Tue 01/02 11:34 PM
RESPONSE TO ORDER TO SHOW CAUSE filed by Charles Burke, Jr, TCEX, LLC.(Dombrow, Russell) |
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Att: 1
Memorandum of Law in Response to Order to Show Cause,
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Att: 2
Exhibit(s) A- TCEx Articles of Organization,
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Att: 3
Exhibit(s) B- BHG Articles of Organization,
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Att: 4
Exhibit(s) C- Albert Crawford Linked In Profile,
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Att: 5
Exhibit(s) D- Forbes Business Counsel,
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Att: 6
Exhibit(s) E- Barbie & Sofia Castro,
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Att: 7
Exhibit(s) F- Bobby & Eric Castro,
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Att: 8
Exhibit(s) G- Additional Crawford & Castro Information,
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Att: 9
Exhibit(s) H- Pinnacle Bank Corporate Information,
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Att: 10
Exhibit(s) I- Pinnacle Financial Partners Corporate Information
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| Friday, December 29, 2023 | ||
| 20 | 20
motion
Letter Request/Motion
Fri 12/29 4:19 PM
Corrected Letter Motion from Defendants' Counsel Russell W. Dombrow for Charles Burke, Jr, TCEX, LLC requesting Extension of Time to Respond to Order to Show Cause submitted to Judge Sannes or Wiley Dancks to reflect the request is not on mutual consent of all parties . (Dombrow, Russell) |
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| 19 | 19
motion
Letter Request/Motion
Fri 12/29 4:13 PM
Letter Motion from Defendants' Counsel Russell W. Dombrow for Charles Burke, Jr, TCEX, LLC requesting Extension of Time to Respond to Order to Show Cause submitted to Judge Brenda K. Sannes or Therese Wiley Dancks . (Dombrow, Russell) |
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| Tuesday, December 12, 2023 | ||
| 18 | 18
4
pgs
order
Order ~Util - Set Deadlines
Tue 12/12 4:47 PM
ORDER TO SHOW CAUSE: It is ORDERED that Defendants TCEX and Burke ("the removing Defendants") shall file a memorandum, not to exceed fifteen pages by 1/2/2024, showing cause why this action should not be dismissed for lack of subject matter jurisdiction. It is further ORDERED that if the removing Defendants maintain that there is complete diversity between the parties, they shall submit supporting evidence, including affidavits identifying the citizenship of each member of TCEX and BHG. It is further ORDERED that the Plaintiff may respond to the removing Defendants' submission, with a memorandum not to exceed fifteen pages, on or before 1/16/2024. Signed by Chief Judge Brenda K. Sannes on 12/12/2023. (nmk) |
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| Tuesday, September 05, 2023 | ||
| 17 | 17
respm
Reply to Response to Motion
Tue 09/05 1:49 AM
REPLY to Response to Motion re7 MOTION to Remand filed by Bankers Healthcare Group, LLC. DEFENDANTS REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS OR ALTERNATIVELY TO TRANSFER VENUE filed by Charles Burke, Jr, TCEX, LLC.(Dombrow, Russell) |
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Att: 1
Exhibit(s) Exhibits A & B
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| Tuesday, August 29, 2023 | ||
| 16 | 16
order
Order on Letter Request
Tue 08/29 12:39 PM
TEXT ORDER: Granting the15 Letter Request for defendants to file a reply brief. A reply brief of no more than 10 pages is to be filed by September 5, 2023. IT IS SO ORDERED by Chief Judge Brenda K. Sannes on August 29, 2023. |
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| Monday, August 28, 2023 | ||
| 15 | 15
motion
Letter Request/Motion
Mon 08/28 11:56 AM
Letter Motion from Russell W. Dombrow for Charles Burke, Jr, TCEX, LLC requesting Leave for Defendants to File Reply Brief submitted to Judge Brenda K. Sannes . (Dombrow, Russell) |
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| Friday, August 25, 2023 | ||
| 14 | 14
respm
Affidavit in Opposition to Motion
Fri 08/25 4:43 PM
AFFIDAVIT in Opposition re7 MOTION to Remand filed by Bankers Healthcare Group, LLC. filed by Bankers Healthcare Group, LLC.(Pavlus, Jordan) |
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Att: 1
Exhibit(s) 1,
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Att: 2
Exhibit(s) 2,
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Att: 3
Exhibit(s) 3,
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Att: 4
Affidavit,
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Att: 5
Exhibit(s) 1,
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Att: 6
Exhibit(s) 2,
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Att: 7
Exhibit(s) 3,
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Att: 8
Exhibit(s) 4,
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Att: 9
Exhibit(s) 5,
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Att: 10
Memorandum of Law
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| Wednesday, August 02, 2023 | ||
| 13 | 13
order
Order on Letter Request
Wed 08/02 1:08 PM
TEXT ORDER: granting12 Letter requesting an extension of time to file a reply to the7 MOTION to Remand. A Reply is due by 8/25/2023. SO ORDERED by Chief Judge Brenda K. Sannes on 8/2/2023. (nmk) |
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| 12 | 12
motion
Letter Request/Motion
Wed 08/02 11:21 AM
Letter Motion for Bankers Healthcare Group, LLC requesting Extension of Time to File Motion Reply . (Pavlus, Jordan) |
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| Friday, July 28, 2023 | ||
| 11 | 11
25
pgs
respm
Memorandum of Law
Fri 07/28 2:21 PM
MEMORANDUM OF LAW re7 Motion to Remand, filed by Charles Burke, Jr, TCEX, LLC.(Dombrow, Russell) |
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Att: 1
Exhibit(s) A-F,
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Att: 2
Exhibit(s) H
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| 10 | 10
respm
Affidavit in Opposition to Motion
Fri 07/28 2:18 PM
AFFIDAVIT in Opposition re7 MOTION to Remand filed by Bankers Healthcare Group, LLC. filed by Charles Burke, Jr, TCEX, LLC. (Dombrow, Russell) |
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| Wednesday, July 26, 2023 | ||
| 9 | 9
order
Order Setting Hearing on Motion
Wed 07/26 12:19 PM
TEXT ORDER: resetting deadlines as to the7 Motion to Remand. Defendants' response is due by 7/28/2023. Plaintiff's reply is due by 8/4/2023. Counsel should note that motion deadlines cannot be extended by the parties' consent. The Local Rules require that "requests for extension of any deadlines must be made at least three business days prior to the expiration of the deadline, absent a showing of cause as to why it could not be made earlier." NDNY Local Rule 7.1(j). SO ORDERED by Chief Judge Brenda K. Sannes on 7/26/2023. (nmk) Modified on 7/26/2023 to clarify motion deadlines. (nmk) |
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| Sunday, July 23, 2023 | ||
| 8 | 8
misc
Letter Brief
Sun 07/23 4:29 PM
LETTER BRIEF Consented Extension to Respond to Motion to Remand by Charles Burke, Jr, TCEX, LLC. (Dombrow, Russell) |
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| Wednesday, June 21, 2023 | ||
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misc
Clerk Correction of Docket Entry
Wed 06/21 9:56 AM
CLERK'S CORRECTION OF DOCKET ENTRY re7 Motion to Remand, Clerk added a redacted version of the Attorney Affidavit to redact the Loan number that was listed. The unredacted versions are restricted. (ztc) |
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| Tuesday, June 20, 2023 | ||
| 7 | 7
motion
Remand
Tue 06/20 4:25 PM
MOTION to Remand filed by Bankers Healthcare Group, LLC. Response to Motion due by 7/11/2023. Reply to Response to Motion due by 7/18/2023 (Pavlus, Jordan) |
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Att: 1
Memorandum of Law,
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Att: 2
Affidavit
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| Wednesday, May 31, 2023 | ||
| 6 | 6
order
Order on Letter Request
Wed 05/31 4:39 PM
TEXT ORDER: Court reviewed defendants' request (Dkt. No.5 ) for extension of time to respond to the complaint which is granted for the reasons stated. Defendants' time to respond to the complaint is extended to 7/28/2023. The Rule 16 conference is adjourned at this time and will be rescheduled after defendants respond to the complaint. Banker's Healthcare Group, LLC and TCEX, LLC are each directed to file a corporate disclosure statement pursuant to Federal Rule of Civil Procedure 7.1(a)(2) by 7/28/2023. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/31/2023. (sg) |
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| Tuesday, May 30, 2023 | ||
| 5 | 5
motion
Extension of Time to File Answer
Tue 05/30 6:41 PM
First MOTION for Extension of Time to File Answer re2 State Court Complaint filed by Charles Burke, Jr, TCEX, LLC. Response to Motion due by 6/20/2023 Motions referred to Therese Wiley Dancks. (Dombrow, Russell) |
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| Tuesday, May 23, 2023 | ||
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misc
Clerk Correction of Docket Entry
Tue 05/23 12:10 PM
CLERK'S CORRECTION OF DOCKET ENTRY re2 State Court Complaint,1 Notice of Removal, Clerk added redacted versions of Exhibit 1 to the Notice of Removal and the State Court complaint to redact the Loan number that was listed. The unredacted versions are restricted. (ztc) |
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| Monday, May 22, 2023 | ||
| 4 | 4
notice
Notice of Admission Requirement
Mon 05/22 3:33 PM
NOTICE OF ADMISSION REQUIREMENT as to Plaintiff Bankers Healthcare Group, LLC; Attorney Christopher J. Cali, Email address is ccali@bhg-inc.com. Phone number is 315-671-4115. Admissions due by 6/5/2023. (Copy served on Plaintiff's Counsel via email) (ztc) |
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| 3 | 3
misc
G.O. 25 Filing Order
Mon 05/22 3:31 PM
G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 6/26/2023 10:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/20/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (Copy served on Plaintiff's Counsel via email) (ztc) |
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utility
Set/Reset Answer Deadline
Mon 05/22 3:35 PM
***Answer due date updated for Charles Burke, Jr answer due 5/30/2023; TCEX, LLC answer due 5/30/2023. (ztc) |
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| Sunday, May 21, 2023 | ||
| 2 | 2
misc
State Court Complaint
Mon 05/22 3:29 PM
STATE COURT COMPLAINT relating to1 Notice of Removal filed by Plaintiff in NYS Supreme Court Onondaga County. (ztc) |
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| 1 | 1
notice
Notice of Removal
Mon 05/22 3:26 PM
NOTICE OF REMOVAL from NYS Supreme Court Onondaga County, case number 003454/2023 (Filing fee $402 receipt number BNYNDC-6303421) filed by Charles Burke, Jr, TCEX, LLC.(ztc) |
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Att: 1
Exhbit 1,
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Att: 2
Civil Cover Sheet
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