Bare Body Laser Spa Inc. v. Bankers Healthcare Group, LLC et al
| Minnesota District Court | |
| Judge: | Eric C Tostrud |
| Referred: | Shannon G Elkins |
| Case #: | 0:24-cv-02977 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Other Contract |
| Case Filed: | Jul 26, 2024 |
| Case in other court: | New York Southern, 1:23-cv-09951 |
| Last checked: Thursday Jan 23, 2025 3:31 AM CST |
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Counter Claimant
John M. Billings
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Represented By
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Counter Defendant
Bare Body Laser Spa Inc.
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Represented By
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Defendant
John M. Billings
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Represented By
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Defendant
Lunabit Capital LLC
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Represented By
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Plaintiff
Bare Body Laser Spa Inc.
Bechtle & Murphy 1225 Franklin Avenue
Garden City, NY 11530 |
Represented By
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| TERMINATED PARTIES | |
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Defendant
Bankers Healthcare Group, LLC
Terminated: 12/14/2023
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GPO
Nov 30 2023
ORDER: To be clear, the Court has not reached a definitive conclusion on this issue. Indeed, in any case, the Court lacks the power to remand sua sponte for such a defect. See Wright & Miller, Federal Practice and Procedure§ 3739.2 (4th ed.). The Court merely raises this concern to ensure the focused attention of counsel. The Court reminds plaintiff that any motion to remand the action to state court must be filed within 30 days of removal (that is, by December 10, 2023). See 28 U.S.C. § 1447(c). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/30/2023) ( Motions due by 12/10/2023.) (ks) [Transferred from New York Southern on 7/26/2024.] |
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GPO
Dec 15 2023
ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by January 5, 2024. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by January 26, 2024, defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that he relies on the previously filed 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 January 5, 2024. Defendant's reply, if any, shall be served by January 19, 2024. At the time any reply is served, the moving party shall supply the Court with a courtesy copy of all motion papers by attaching them as PDF files to a single email addressed to EngelmayerNYSDChambers@nysd.uscourts.gov. Given defendant's pending motion to dismiss, the Court adjourns sine die the initial pretrial conference in this case, and all deadlines related to the conference. The Court will determine later, after receipt of plaintiffs anticipated brief opposing a motion to dismiss the current or amended complaint, whether to schedule oral argument. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/15/2023) ( Amended Pleadings due by 1/5/2024., Motions due by 1/26/2024.) (ks) [Transferred from New York Southern on 7/26/2024.] |
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GPO
Dec 28 2023
ORDER granting 31 Letter Motion to Adjourn Conference. GRANTED. By January 19, 2024, plaintiff must either oppose defendant's motion to dismiss or file an amended complaint. If plaintiff opposes defendant's motion to dismiss, defendant's reply, if any, shall be served by February 2 2024. If plaintiff amends, defendant must, by February 9, 2024, (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that he relies on the previously filed motion to dismiss. If defendant files a new motion to dismiss or relies on his previous motion, plaintiffs opposition will be due 14 days thereafter, and defendant's reply, if any, will be due seven days after that. (Signed by Judge Paul A. Engelmayer on 12/28/2023) (tg) [Transferred from New York Southern on 7/26/2024.] |
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GPO
Jan 19 2024
ORDER SUBSTITUTING COUNSEL: THIS CAUSE came upon before the Court upon the foregoing Stipulation. Upon consideration thereof, and the Court being otherwise full advised in the premises, it is hereby ORDERED AND ADJUDGED that Daniel DeSouza, Esq. and the law firm of DeSouza Law, P.A. is hereby substituted as counsel of record for plaintiff Bare Body Laser Spa Inc., and James R. Murphy and the law firm of Brechtle & Murphy are hereby discharged as attorney for the above party. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/17/2024) Attorney James Raymond Murphy terminated. (ks) [Transferred from New York Southern on 7/26/2024.] |
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GPO
Jul 17 2024
OPINION AND ORDER re: 24 MOTION to Dismiss Plaintiff's Complaint. filed by John M Billings, 47 LETTER MOTION for Oral Argument on Motion to Dismiss [Index 41] addressed to Judge Paul A. Engelmayer from Jon R Steckler dated 02/09/2024. filed by John M Billings, Lunabit Capital LLC, 41 MOTION to Dismiss Amended Complaint. filed by John M Billings, Lunabit Capital LLC, 29 LETTER MOTION for Oral Argument on Motion to Dismiss [Index 24] addressed to Judge Paul A. Engelmayer from Defendant John Billings dated 12/15/2023. filed by John M Billings. For the foregoing reasons, the Court grants defendants' motion to transfer venue to the District of Minnesota pursuant to 28 U.S.C. § 1406(a); denies as moot defendants' motions to dismiss for lack of personal jurisdiction under Rule 12(b)(2) and to dismiss for improper venue under Rule l 2(b)(3); and declines to rule on defendants' other motions, which are reserved for the transferee court. The Clerk of Court is respectfully directed to transfer this case to the U.S. District Court for the District of Minnesota.SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/17/2024) (tg) Transmission to Office of the Clerk of Court for processing. (Main Document 57 replaced on 7/17/2024) (tg). Modified on 7/17/2024 (tg). [Transferred from New York Southern on 7/26/2024.] |
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GPO
Dec 27 2024
OPINION AND ORDER: Defendants' Partial Motion to Dismiss and Strike Pleadings 66 is GRANTED. Count I of the Plaintiff's First Amended Complaint 34 is DISMISSED WITHOUT PREJUDICE. Paragraphs 13, 14, 15, 16, and 37 of the First Amended Complaint are STRICKEN. Except for the allegation that Dr. Billings terminated the romantic relationship with Ms. Theodoro, Paragraph 38 of the First Amended Complaint, is STRICKEN. (Written Opinion). Signed by Judge Eric C. Tostrud on 12/27/2024. (RMM) |
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GPO
May 06 2025
REPORT AND RECOMMENDATION that Plaintiff's claims be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). Signed by Magistrate Judge Shannon G. Elkins on 5/6/2025. (BH) |
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GPO
May 22 2025
ORDER ACCEPTING REPORT AND RECOMMENDATION: The Report and Recommendation 103 is ACCEPTED. Plaintiff's First Amended Complaint 34 is DISMISSED WITHOUT PREJUDICE. (Written Opinion). Signed by Judge Eric C. Tostrud on 5/22/2025.(RMM) |
| Docket last updated: 05/23/2025 9:37 AM CDT |
| Thursday, May 22, 2025 | ||
| 104 | 104
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pgs
ORDER ACCEPTING REPORT AND RECOMMENDATION: The Report and Recommendation103 is ACCEPTED. Plaintiff's First Amended Complaint34 is DISMISSED WITHOUT PREJUDICE. (Written Opinion). Signed by Judge Eric C. Tostrud on 5/22/2025.(RMM)
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