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16-1077 - BCI Construction, Inc. v. 797 Broadway Group, LLC


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16-1077 - BCI Construction, Inc. v. 797 Broadway Group, LLC
March 15, 2017
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MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Defendant's # 11 motion to remand Case No. 1:16-CV-1113 to state court and to dismiss Case No. 16-CV-1077 for lack of subject matter jurisdiction is GRANTED. The Court further ORDERS that Plaintiff's # 9 motion to depose Arbitrator Phelan is DENIED as moot. The Court further ORDERS that Defendant's # 21 motion to confirm/modify its arbitration award is DENIED as moot. The Court further ORDERS that Defendant's # 11 motion for attorney's fees and costs associated with its remand motion pursuant to 28 U.S.C. § 1447(c) is GRANTED. In this regard, the Court instructs Defendant to file and serve documentation as noted herein to support its request for attorney's fees and costs within fourteen (14) days of the date of this Memorandum-Decision and Order. Plaintiff shall file and serve any objections it has to Defendant's documentation within ten (10) days of the date on which Defendant files and serves such documentation. Signed by Senior Judge Frederick J. Scullin, Jr. on 3/15/2017. [Copy served upon Clerk of the New York State Supreme Court, Albany County via certified mail.] (nmk) Modified on 3/30/2017, Order was returned by Albany County on 3/23/17, Clerk spoke to Albany County Clerk on 5/24/17 and emailed copy of document for filing. (nmk)
March 15, 2017
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JUDGMENT: It is ORDERED and ADJUDGED that Defendant's # 11 motion to remand Case No. 1:16-CV-1113 to state court and to dismiss Case No. 16-CV-1077 for lack of subject matter jurisdiction is GRANTED. The Court further ORDERS that Plaintiff's # 9 motion to depose Arbitrator Phelan is DENIED as moot. The Court further ORDERS that Defendant's # 21 motion to confirm/modify its arbitration award is DENIED as moot. The Court further ORDERS that Defendant's # 11 motion for attorney's fees and costs associated with its remand motion pursuant to 28 U.S.C. § 1447(c) is GRANTED. (nmk)
May 3, 2017
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MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that, in accordance with 28 U.S.C. § 1447(c), Plaintiff shall pay Defendant $5,017.50 in attorney's fees for the work that Defendant's counsel expended in conjunction with its motion to remand. The Court further ORDERS that the Clerk of the Court shall amend the # 42 judgment in this case to reflect this award of attorney's fees. Signed by Senior Judge Frederick J. Scullin, Jr. on 5/3/2017. (nmk)
May 3, 2017
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AMENDED JUDGMENT: It is ORDERED and ADJUDGED that Defendant's # 11 motion to remand Case No. 1:16-CV-1113 to state court and to dismiss Case No. 16-CV-1077 for lack of subject matter jurisdiction is GRANTED. The Court further ORDERS that Plaintiff's # 9 motion to depose Arbitrator Phelan is DENIED as moot. The Court further ORDERS that Defendant's # 21 motion to confirm/modify its arbitration award is DENIED as moot. The Court further ORDERS that Defendant's # 11 motion for attorney's fees and costs associated with its remand motion pursuant to 28 U.S.C. § 1447(c) is GRANTED. The Court further ORDERS that, in accordance with 28 U.S.C. § 1447(c), Plaintiff shall pay Defendant $5,017.50 in attorney's fees for the work that Defendant's counsel expended in conjunction with its motion to remand. (nmk)