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16-1113 - 797 Broadway Group LLC v. BCI Construction, Inc.


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16-1113 - 797 Broadway Group LLC v. BCI Construction, Inc.
March 15, 2017
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MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Defendant's 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 motion to depose Arbitrator Phelan is DENIED as moot. The Court further ORDERS that Defendant's motion to confirm/modify its arbitration award is DENIED as moot. The Court further ORDERS that Defendant's 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: That 797 Broadway Group, LLC's 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 BCI Construction, Inc.'s motion to depose Arbitrator Phelan is DENIED as moot. The Court further ORDERS that 797 Broadway Group, LLC's motion to confirm/modify its arbitration award is DENIED as moot. The Court further ORDERS that 797 Broadway Group, LLC's motion for attorney's fees and costs associated with its remand motion pursuant to 28 U.S.C. § 1447(c) is GRANTED. (nmk)