Javelin Global Commodities (UK) Ltd. v. GSP Merrimack, LLC
New York Southern District Court | |
Judge: | Mary Kay Vyskocil |
Case #: | 1:23-cv-01354 |
Nature of Suit | 195 Contract - Contract Product Liability |
Cause | 28:1332bc Diversity-Breach of Contract |
Case Filed: | Feb 16, 2023 |
Terminated: | Nov 03, 2023 |
Last checked: Tuesday Aug 15, 2023 5:28 AM EDT |
Counter Claimant
GSP Merrimack, LLC
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Represented By
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Counter Defendant
Javelin Global Commodities (UK) Ltd.
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Represented By
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Defendant
GSP Merrimack, LLC
2200 Atlantic Street Suite 800
Stamford, CT 06902 |
Represented By
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Plaintiff
Javelin Global Commodities (UK) Ltd.
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Represented By
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1. | Amid uncertain future, NH coal plant owner and its supplier square off in federal lawsuit (newhampshirebulletin.com) |
Submitted Tue 04/25/2023 | |
Docket last updated: 04/04/2025 11:59 PM EDT |
Friday, November 03, 2023 | ||
46 | 46
![]() ORDER OF DISMISSAL: This action was filed on February 16, 2023. The Amended Complaint claimed subject matter jurisdiction under 28 U.S.C. § 1332. [See ECF No. 6]. However, a review of the docket indicated that Plaintiff had not adequately alleged the membership of Defendant GSP Merrimack LLC. [ECF No. 40.] Accordingly, on September 22, 2023, the Court entered an Order, directing the plaintiff to show cause why this case should not be dismissed for lack of subject matter jurisdiction. [ECF No. 40.] In response, the parties have now informed the Court that they "no longer believe that complete diversity exists." [ECF No. 44.] Given that the parties jointly agree there is not complete diversity of citizenship, this Court lacks jurisdiction over this action. Therefore, with consent of both parties, [see ECF Nos. 44, 45], this action is dismissed. The Clerk of Court is respectfully requested to close this case. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 11/3/2023) (tg) |
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Thursday, November 02, 2023 | ||
misc
Notice to Attorney Regarding Deficient Voluntary Dismissal
Thu 11/02 9:52 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Wagner, Robert. RE-FILE Document No. 45 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct ink signed PDF. (tp) |
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Wednesday, November 01, 2023 | ||
45 | 45
![]() STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Javelin Global Commodities (UK) Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Wagner, Robert) |
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44 | 44
![]() NOTICE of Joint Response to Show Cause Order. Document filed by Javelin Global Commodities (UK) Ltd...(Wagner, Robert) |
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Tuesday, October 03, 2023 | ||
43 | 43
order
Order on Motion for Oral Argument
Tue 10/03 3:28 PM
ORDER denying as moot37 Letter Motion for Oral ArgumentAs the motion for attachment was denied at ECF #39, the motion for oral argument with respect to that motion is denied without prejudice as moot. (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) |
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Friday, September 29, 2023 | ||
42 | 42
![]() ORDER OF COURT granting41 Letter Motion for Extension of Time. Upon consideration of the Parties' Joint Request for Additional Time to Respond to the Court's Order to Show Cause (Docket No. 40), the Court hereby GRANTS the Request. Plaintiff shall have until November 1, 2023 to show cause why this case should not be dismissed for lack of subject matter jurisdiction.. (Signed by Judge Mary Kay Vyskocil on 9/29/2023) (tg) |
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Thursday, September 28, 2023 | ||
41 | 41
![]() JOINT MOTION for Extension of Time To Respond to Court's Order . Document filed by Javelin Global Commodities (UK) Ltd...(Wagner, Robert) |
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Friday, September 22, 2023 | ||
40 | 40
![]() ORDER TO SHOW CAUSE THAT SUBJECT MATTER JURISDICTION EXISTS: Accordingly, IT IS HEREBY ORDERED that Plaintiff is directed to show cause by October 2, 2023 why this case should not be dismissed for lack of subject matter jurisdiction. See Flemming v. Port Authority of New York and New Jersey, No. 21 Civ. 1112, 2021 WL 878558, at *1-2 (E.D.N.Y. Mar. 9, 2021). SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/22/2023) (tg) |
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39 | 39
order
Order on Motion to Attach
Fri 09/22 1:45 PM
ORDER terminating9 Motion to Attach Plaintiff has not properly plead the existence of subject matter jurisdiction. The Court has issued and Order to Show Cause why the case should not be dismissed for lack of jurisdiction. The Court can not rule on plaintiff's motion for attachment in the absence of subject matter jurisdiction. Accordingly, IT IS HEREBY ORDERED the motion for attachment [ECF 9] be administratively closed without prejudice to renewal should plaintiff establish the existence of diversity jurisdiction. (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) |
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Friday, June 30, 2023 | ||
38 | 38
![]() LETTER addressed to Judge Mary Kay Vyskocil from J. Russ Campbell dated June 30, 2023 re: Response to Request for Resolution of Motion for Prejudgment Attachment. Document filed by GSP Merrimack, LLC..(Dawkins, James) |
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37 | 37
![]() LETTER MOTION for Oral Argument to be set on the Plaintiff's Motion for Attachment as soon as practicable addressed to Judge Mary Kay Vyskocil from Christopher J. Dalton dated June 30, 2023. Document filed by Javelin Global Commodities (UK) Ltd...(Dalton, Christopher) |
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Monday, April 10, 2023 | ||
36 | 36
![]() LETTER addressed to Judge Mary Kay Vyskocil from J. Russ Campbell (pro hac vice) dated April 10, 2023 re: GSP's Opposition to Javelin's Letter Requesting a Pre-Motion Conference. Document filed by GSP Merrimack, LLC..(Burton Walsh, Anne) |
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Wednesday, April 05, 2023 | ||
35 | 35
![]() LETTER addressed to Judge Mary Kay Vyskocil from Christopher J. Dalton dated April 5, 2023 re: Request for Pre-Motion Conference to File Motion to Dismiss Counterclaims. Document filed by Javelin Global Commodities (UK) Ltd...(Dalton, Christopher) |
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Wednesday, March 22, 2023 | ||
34 | 34
![]() RESPONSE in Support of Motion re:9 MOTION for Attachment 44,000 Short Tons of Coal . . Document filed by Javelin Global Commodities (UK) Ltd...(Burger, Matthew) |
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order
Order on Motion to Appear Pro Hac Vice
Wed 03/22 10:48 AM
ORDER granting23 Motion for John Russell Campbell to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) |
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order
Order on Motion to Appear Pro Hac Vice
Wed 03/22 10:49 AM
ORDER granting27 Motion for Matthew Frederick Burger to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) |
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order
Order on Motion to Appear Pro Hac Vice
Wed 03/22 10:50 AM
ORDER granting30 Motion for Robert Loren Wagner to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) |
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Thursday, March 16, 2023 | ||
30 | 30
![]() MOTION for Robert Loren Wagner to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Javelin Global Commodities (UK) Ltd...(Wagner, Robert) |
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27 | 27
![]() MOTION for Matthew Frederick Burger to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Javelin Global Commodities (UK) Ltd...(Burger, Matthew) |
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order
Order on Motion to Appear Pro Hac Vice
Thu 03/16 9:29 AM
ORDER granting19 Motion for Adam Kent Israel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) |
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order
Order on Motion to Appear Pro Hac Vice
Thu 03/16 9:30 AM
ORDER granting21 Motion for James Toliver Dawkins IV to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) |
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misc
Notice Regarding Pro Hac Vice Motion
Thu 03/16 10:18 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 23 MOTION for John Russell Campbell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) |
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misc
Notice Regarding Pro Hac Vice Motion
Thu 03/16 10:22 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 30 MOTION for Robert Loren Wagner to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.; 27 MOTION for Matthew Frederick Burger to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) |
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Wednesday, March 15, 2023 | ||
26 | 26
![]() LETTER addressed to Judge Mary Kay Vyskocil from Anna Aguilar dated March 15, 2023 re: Oral argument on Javelin's motion for prejudgment attachment. Document filed by GSP Merrimack, LLC..(Burton Walsh, Anne) |
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25 | 25
![]() RESPONSE in Opposition to Motion re:9 MOTION for Attachment 44,000 Short Tons of Coal . . Document filed by GSP Merrimack, LLC..(Burton Walsh, Anne) |
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24 | 24
![]() DECLARATION of Jose F. Aguilar in Opposition re:9 MOTION for Attachment 44,000 Short Tons of Coal .. Document filed by GSP Merrimack, LLC..(Burton Walsh, Anne) |
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23 | 23
![]() MOTION for John Russell Campbell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GSP Merrimack, LLC..(Campbell, Russ) |
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22 | 22
![]() ANSWER to6 Amended Complaint,., COUNTERCLAIM against Javelin Global Commodities (UK) Ltd.. Document filed by GSP Merrimack, LLC..(Burton Walsh, Anne) |
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21 | 21
![]() MOTION for James Toliver Dawkins, IV to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27472366. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GSP Merrimack, LLC..(Dawkins, James) |
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20 | 20
![]() FILING ERROR - DEFICIENT DOCKET ENTRY MOTION for John Russell Campbell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27472174. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GSP Merrimack, LLC..(Campbell, Russ) Modified on 3/15/2023 (sac) |
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19 | 19
![]() MOTION for Adam Kent Israel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27471318. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GSP Merrimack, LLC..(Israel, Adam) |
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misc
Notice Regarding Pro Hac Vice Motion
Wed 03/15 9:41 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 17 MOTION for Daniel Clifford Garfinkel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27466679. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
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order
Order on Motion to Appear Pro Hac Vice
Wed 03/15 9:57 AM
ORDER granting17 Motion for Daniel Clifford Garfinkel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) |
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misc
Notice Regarding Pro Hac Vice Motion
Wed 03/15 11:29 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 19 MOTION for Adam Kent Israel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27471318. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) |
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misc
Notice Regarding Deficient Motion to Appear Pro Hac Vice
Wed 03/15 1:11 PM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 20 MOTION for John Russell Campbell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27472174. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from the Supreme Court of Texas, and the Supreme Court of Florida. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sac) |
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misc
Notice Regarding Pro Hac Vice Motion
Wed 03/15 1:11 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 21 MOTION for James Toliver Dawkins, IV to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27472366. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) |
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Tuesday, March 14, 2023 | ||
17 | 17
![]() MOTION for Daniel Clifford Garfinkel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27466679. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Javelin Global Commodities (UK) Ltd...(Garfinkel, Daniel) |
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16 | 16
![]() NOTICE OF APPEARANCE by Anne Burton Walsh on behalf of GSP Merrimack, LLC..(Burton Walsh, Anne) |
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Monday, March 06, 2023 | ||
15 | 15
![]() ORDER granting12 Letter Motion for Extension of Time to File Response/Reply re12 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to9 MOTION for Attachment 44,000 Short Tons of Coal . addressed to Judge Mary Kay Vyskocil from Anna Aguilar dated March 3, 2023. Granted. SO ORDERED. Response due March 15, 2023. Responses due by 3/15/2023. (Signed by Judge Mary Kay Vyskocil on 3/6/2023) (ate) |
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Saturday, March 04, 2023 | ||
14 | 14
![]() NOTICE OF APPEARANCE by Anna Conlon Aguilar on behalf of GSP Merrimack, LLC..(Aguilar, Anna) |
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Friday, March 03, 2023 | ||
13 | 13
![]() FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Granite Shore Power LLC, Corporate Parent GSP Intermediate Holdings I LLC, Corporate Parent GSP Intermediate Holdings II LLC, Corporate Parent Granite Shore Power Holdings LLC, Corporate Parent ACR II Granite Shore Power Holdings LLC, Other Affiliate Atlas Capital Resources (P) II LP, Other Affiliate Atlas Capital Resources II (A7) LP, Other Affiliate Atlas Capital GP II LLP, Other Affiliate Atlas Capital Resources GP II LLC for GSP Merrimack, LLC. Document filed by GSP Merrimack, LLC..(Burton Walsh, Anne) |
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12 | 12
![]() FIRST LETTER MOTION for Extension of Time to File Response/Reply as to9 MOTION for Attachment 44,000 Short Tons of Coal . addressed to Judge Mary Kay Vyskocil from Anna Aguilar dated March 3, 2023. Document filed by GSP Merrimack, LLC..(Burton Walsh, Anne) |
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Wednesday, February 22, 2023 | ||
11 | 11
![]() SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. GSP Merrimack, LLC served on 2/22/2023, answer due 3/15/2023. Service was accepted by LYNANNE GARES REGISTERED AGENT. Document filed by Javelin Global Commodities (UK) Ltd...(Dalton, Christopher) |
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Tuesday, February 21, 2023 | ||
10 | 10
![]() MEMORANDUM OF LAW in Support re:9 MOTION for Attachment 44,000 Short Tons of Coal . . Document filed by Javelin Global Commodities (UK) Ltd...(Dalton, Christopher) |
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9 | 9
![]() MOTION for Attachment 44,000 Short Tons of Coal . Document filed by Javelin Global Commodities (UK) Ltd...(Dalton, Christopher) |
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8 | 8
![]() ELECTRONIC SUMMONS ISSUED as to GSP Merrimack, LLC. (vf) |
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Friday, February 17, 2023 | ||
7 | 7
![]() REQUEST FOR ISSUANCE OF SUMMONS as to GSP MERRIMACK LLC, re:6 Amended Complaint,. Document filed by Javelin Global Commodities (UK) Ltd...(Dalton, Christopher) |
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6 | 6
![]() AMENDED COMPLAINT amending1 Complaint, against GSP Merrimack, LLC.Document filed by Javelin Global Commodities (UK) Ltd.. Related document:1 Complaint,..(Dalton, Christopher) |
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notice
Case Opening Initial Assignment Notice
Fri 02/17 2:12 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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) |
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utility
Case Designation
Fri 02/17 2:13 PM
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] . (pc) |
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utility
Case Designated ECF
Fri 02/17 2:13 PM
Case Designated ECF. (pc) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Fri 02/17 2:13 PM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher James Dalton. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
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misc
Notice to Attorney Regarding Deficient Pleading
Fri 02/17 2:13 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher James Dalton re: Document No. 2 Amended Complaint,. The filing is deficient for the following reason(s): Court's leave has not been granted.. 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. (pc) |
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misc
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Fri 02/17 2:13 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher James Dalton to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was linked to a deficient pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
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Thursday, February 16, 2023 | ||
5 | 5
![]() RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Javelin Global Commodities (UK) Ltd...(Dalton, Christopher) |
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4 | 4
![]() CIVIL COVER SHEET filed..(Dalton, Christopher) |
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3 | 3
![]() REQUEST FOR ISSUANCE OF SUMMONS as to GSP Merrimack, LLC, re:2 Amended Complaint,. Document filed by Javelin Global Commodities (UK) Ltd...(Dalton, Christopher) |
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2 | 2
![]() AMENDED COMPLAINT amending1 Complaint, against GSP Merrimack, LLC.Document filed by Javelin Global Commodities (UK) Ltd.. Related document:1 Complaint,..(Dalton, Christopher) |
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1 | 1
![]() COMPLAINT against GSP Merrimack, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27356503)Document filed by Javelin Global Commodities (UK) Ltd...(Dalton, Christopher) |
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