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 32 |
Filed: 4/23/2018, Entered: 4/23/2018 |
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ORDER: On April 20, 2018, the plaintiff informed the Court that diversity, the basis for jurisdiction asserted in the complaint, is lacking in this matter because the plaintiff is a resident of Illinois, as is a member of defendant Pale Morning Leasing, LLC. The Court accordingly lacks jurisdiction over the plaintiffs claims. In addition, the counterclaims raised in the defendants answer are state law claims asserted by Pale Morning Leasing, LLC against the plaintiff; the Court therefore also lacks jurisdiction over those claims as well. Accordingly, it is hereby ORDERED that the action is dismissed without prejudice pursuant to Rule 41(a)(2), Fed. R. Civ. P. (Signed by Judge Denise L. Cote on 4/23/2018) (gr)
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| 31 |
Filed: 4/20/2018, Entered: 4/20/2018 |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Dismiss for Lack of Jurisdiction pursuant to FRCP 41(a)(2). Document filed by 555A178.(Menken, Bruce) Modified on 5/2/2018 (db).
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| 30 |
Filed: 4/9/2018, Entered: 4/9/2018 |
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ORDER: Defendants have filed a motion to dismiss this action that became fully submitted on March 30, 2018. In its complaint, the plaintiff bases subject matter jurisdiction on 28 U.S.C. § 1332(a). This Courts individual rules read as follows: In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, prior to the Initial Pretrial Conference, file on ECF a letter no longer than two pages explaining the basis for that partys belief that diversity of citizenship exists. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a... limited liability company,... the letter shall state the citizenship of each of the entitys members, shareholders, partners, and/or trustees. Two defendants in this case are limited liability companies, and one is a corporation. Accordingly, it is herebyORDERED that the plaintiff submit a letter by April 20, 2018 stating the place of incorporation and the principal place of business of the corporation named in this action, and the citizenship of each of the members, shareholders, partners, and/or trustees of the limited liability companies named in this action. (Signed by Judge Denise L. Cote on 4/9/2018) (gr)
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| 29 |
Filed: 3/30/2018, Entered: 3/30/2018 |
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REPLY to Response to Motion re: 26 MOTION to Dismiss . . Document filed by Tanir Helayel, Pale Morning Credit, LLC, SQN Latina, S. de R.L. de C.V.. (Abraham, Joshua)
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| 28 |
Filed: 3/23/2018, Entered: 3/23/2018 |
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RESPONSE to Motion re: 26 MOTION to Dismiss . . Document filed by 555A178. (Menken, Bruce)
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| 27 |
Filed: 3/23/2018, Entered: 3/23/2018 |
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FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 28 response) - RESPONSE to Motion re: 26 MOTION to Dismiss . . Document filed by 555A178. (Menken, Bruce) Modified on 3/26/2018 (db).
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| 26 |
Filed: 3/9/2018, Entered: 3/9/2018 |
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MOTION to Dismiss . Document filed by Tanir Helayel, Pale Morning Credit, LLC, SQN Latina, S. de R.L. de C.V..(Abraham, Joshua)
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| 25 |
Filed: 2/21/2018, Entered: 2/21/2018 |
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ORDER: On January 30, 2018, defendants filed a motion to dismiss the original complaint in this action pursuant to Rule 12(b)(6), Fed. R. Civ. P. An Order of January 31 directed the plaintiff to file any amended complaint by February 20 and alerted the plaintiff that it would likely not have another opportunity to amend. The plaintiff filed an amended complaint on February 20. It is herebyORDERED that the defendants January 30, 2018 motion to dismiss shall be terminated as moot. IT IS FURTHER ORDERED that defendants shall respond to the amended complaint by March 9, 2018, by filing an answer, by filing a new motion to dismiss, or by renewing their January 30 motion to dismiss. Plaintiff shall file his opposition to any renewed motion to dismiss by March 23, 2018. Defendants shall file any reply by March 30, 2018..... (Signed by Judge Denise L. Cote on 2/21/2018) (gr)
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| 24 |
Filed: 2/20/2018, Entered: 2/20/2018 |
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ANSWER to 19 Counterclaim. Document filed by 555A178.(Menken, Bruce)
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| 23 |
Filed: 2/20/2018, Entered: 2/20/2018 |
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AMENDED COMPLAINT amending 1 Complaint against Tanir Helayel, Pale Morning Credit, LLC, Pale Morning Leasing, LLC, SQN Latina, S. de R.L. de C.V. with JURY DEMAND.Document filed by 555A178. Related document: 1 Complaint.(Cretcher, Grace)
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| 22 |
Filed: 2/1/2018, Entered: 2/1/2018 |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Pale Morning Leasing LLC for SQN Latina, S. de R.L. de C.V.. Document filed by SQN Latina, S. de R.L. de C.V..(Abraham, Joshua)
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| 21 |
Filed: 1/31/2018, Entered: 1/31/2018 |
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ORDER: On January 30, 2018, defendant filed a motion to dismiss the complaint pursuant to Rule 12(b)(6), Fed. R. Civ. P. Under Rule 15(a)(1)(B), Fed. R. Civ. P., a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is herebyORDERED that plaintiff shall file any amended complaint by February 20, 2018. It is unlikely that plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by February 20, 2018. Defendants reply, if any, shall be served by March 2, 2018. At the time any reply is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that the initial pretrial conference scheduled for March 2 is adjourned sine die. (Signed by Judge Denise L. Cote on 1/31/2018) (gr)
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Filed: 1/31/2018, Entered: 1/31/2018 |
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Joshua Eli Abraham to RE-FILE Document 18 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): CORPORATE PARENT/OTHER AFFILIATE NAME ENTERED INCORRECTLY. (lb)
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| 20 |
Filed: 1/30/2018, Entered: 1/30/2018 |
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MOTION to Dismiss . Document filed by Tanir Helayel, Pale Morning Credit, LLC, SQN Latina, S. de R.L. de C.V..(Abraham, Joshua)
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| 19 |
Filed: 1/30/2018, Entered: 1/30/2018 |
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ANSWER to 1 Complaint., COUNTERCLAIM against 555A178. Document filed by Pale Morning Leasing, LLC.(Abraham, Joshua)
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| 18 |
Filed: 1/30/2018, Entered: 1/30/2018 |
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FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE ENTERED INCORRECTLY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Pale Morning Partners LLC for SQN Latina, S. de R.L. de C.V.. Document filed by SQN Latina, S. de R.L. de C.V..(Abraham, Joshua) Modified on 1/31/2018 (lb).
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| 17 |
Filed: 1/30/2018, Entered: 1/30/2018 |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Pale Morning Partners LLC for Pale Morning Leasing, LLC. Document filed by Pale Morning Leasing, LLC.(Abraham, Joshua)
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| 16 |
Filed: 1/30/2018, Entered: 1/30/2018 |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pale Morning Credit, LLC.(Abraham, Joshua)
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Request |
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| 15 |
Filed: 1/24/2018, Entered: 1/24/2018 |
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AFFIDAVIT OF SERVICE of Summons and Complaint. SQN Latina, S. de R.L. de C.V. served on 1/10/2018, answer due 1/31/2018. Service was accepted by Frances Ferendez, Managing Agent. Document filed by 555A178. (Cretcher, Grace)
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| 14 |
Filed: 1/24/2018, Entered: 1/24/2018 |
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AFFIDAVIT OF SERVICE of Summons and Complaint. Pale Morning Credit, LLC served on 1/10/2018, answer due 1/31/2018. Service was accepted by Frances Ferendez, Managing Agent. Document filed by 555A178. (Cretcher, Grace)
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| 13 |
Filed: 1/24/2018, Entered: 1/24/2018 |
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AFFIDAVIT OF SERVICE of Summons and Complaint. Pale Morning Leasing, LLC served on 1/10/2018, answer due 1/31/2018. Service was accepted by Frances Ferendez, Managing Agent. Document filed by 555A178. (Cretcher, Grace)
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| 12 |
Filed: 1/9/2018, Entered: 1/9/2018 |
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ELECTRONIC SUMMONS ISSUED as to Tanir Helayel. (pc)
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Request |
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| 11 |
Filed: 1/9/2018, Entered: 1/9/2018 |
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ELECTRONIC SUMMONS ISSUED as to Pale Morning Credit, LLC. (pc)
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Request |
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| 10 |
Filed: 1/9/2018, Entered: 1/9/2018 |
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ELECTRONIC SUMMONS ISSUED as to SQN Latina, S. de R.L. de C.V.. (pc)
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| 9 |
Filed: 1/9/2018, Entered: 1/9/2018 |
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ELECTRONIC SUMMONS ISSUED as to Pale Morning Leasing, LLC. (pc)
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Request |
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| 8 |
Filed: 1/8/2018, Entered: 1/8/2018 |
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REQUEST FOR ISSUANCE OF SUMMONS as to Tanir Helayel, re: 1 Complaint. Document filed by 555A178. (Cretcher, Grace)
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| 7 |
Filed: 1/8/2018, Entered: 1/8/2018 |
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REQUEST FOR ISSUANCE OF SUMMONS as to SQN Latina, S. de R.L. de C.V., re: 1 Complaint. Document filed by 555A178. (Cretcher, Grace)
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| 6 |
Filed: 1/8/2018, Entered: 1/8/2018 |
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REQUEST FOR ISSUANCE OF SUMMONS as to Pale Morning Leasing, LLC, re: 1 Complaint. Document filed by 555A178. (Cretcher, Grace)
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Request |
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| 5 |
Filed: 1/8/2018, Entered: 1/8/2018 |
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REQUEST FOR ISSUANCE OF SUMMONS as to Pale Morning Credit, LLC, re: 1 Complaint. Document filed by 555A178. (Cretcher, Grace)
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| 4 |
Filed: 1/5/2018, Entered: 1/5/2018 |
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NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/2/2019 at 10:00 AM in Courtroom 15B at the United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 1/5/2018) (mro)
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Filed: 12/29/2017, Entered: 12/29/2017 |
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Case Designated ECF. (jgo)
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Filed: 12/29/2017, Entered: 12/29/2017 |
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Magistrate Judge Stewart D. Aaron 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: http://nysd.uscourts.gov/forms.php. (jgo)
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Filed: 12/29/2017, Entered: 12/29/2017 |
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. 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 http://nysd.uscourts.gov/ecf_filing.php. (jgo)
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| 3 |
Filed: 12/29/2017, Entered: 12/29/2017 |
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CIVIL COVER SHEET filed. (Cretcher, Grace)
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Filed: 12/29/2017, Entered: 12/29/2017 |
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Grace Cathryn Cretcher. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 150 (Contract: Recovery/Enforcement); Citizenship Defendant code 1 and 5; County code Albany. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 190 (Contract: Other); the Citizenship Defendant code has not been modified; the County code has been modified to XX Out of State. (jgo)
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Filed: 12/29/2017, Entered: 12/29/2017 |
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Grace Cathryn Cretcher to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Use only one Defendant Citizenship selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located athttp://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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| 2 |
Filed: 12/29/2017, Entered: 12/29/2017 |
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FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Cretcher, Grace) Modified on 12/29/2017 (jgo).
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Filed: 12/29/2017, Entered: 12/29/2017 |
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Grace Cathryn Cretcher. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)
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| 1 |
Filed: 12/28/2017, Entered: 12/28/2017 |
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COMPLAINT against Tanir Helayel, Pale Morning Credit, LLC, Pale Morning Leasing, LLC, SQN Latina, S. de R.L. de C.V.. (Filing Fee $ 400.00, Receipt Number 0208-14522924)Document filed by 555A178.(Cretcher, Grace)
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