Scholer et al v. Santos et al
| Eric Scholer and Scholer & Sons, LLC |
| Richard Vairo Santos, Richard's Brazilian Sausage, LLC, Ewerton Consulting and Investments, LLC and Ewerton Vairo Consulting and Invetsments, LLC |
| PNC Bank |
| 2:2022cv01358 |
| August 19, 2022 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Daniel J Albregts |
| Richard F Boulware |
| Contract: Other |
| 28 U.S.C. § 1346 Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.
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Filing 40
ORDER granting #22 Verified Petition for Permission to Practice Pro Hac Vice Alejandro F. Garcia and DESIGNATION of Local Counsel Steven Mack. Signed by Judge Richard F. Boulware, II on 11/14/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 39
ORDER granting #21 Verified Petition for Permission to Practice Pro Hac Vice by Alexis M. De La Rosa and DESIGNATION of Local Counsel Steven Mack. Signed by Judge Richard F. Boulware, II on 11/14/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 38
RESPONSE to #28 Motion to Dismiss,, by Plaintiffs Eric Scholer, Scholer & Sons, LLC. Replies due by 11/18/2022. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 1-A, #3 Exhibit Exhibit 1-B, #4 Exhibit Exhibit 1-C, #5 Exhibit Exhibit 1-D, #6 Exhibit Exhibit 1-E, #7 Exhibit Exhibit 1-F, #8 Exhibit Exhibit 1-G, #9 Exhibit Exhibit 1-H, #10 Exhibit Exhibit 1-I, #11 Exhibit Exhibit 2)(Johnson, Ariel)
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Filing 37
ORDER granting #36 Stipulation Re: #28 Motion to Dismiss. Responses due by 11/11/2022. Signed by Judge Richard F. Boulware, II on 11/7/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 36
STIPULATION FOR EXTENSION OF TIME (First Request) to Extend Deadline for Opposition to Defendants' Motion to Dismiss by Plaintiffs Eric Scholer, Scholer & Sons, LLC. (Johnson, Ariel) (extend) (answer)
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Filing 35
ORDER setting Settlement Conference. Settlement Conference set for 1/12/2023 at 10:00 AM in LV Courtroom 3A before Magistrate Judge Daniel J. Albregts. Signed by Magistrate Judge Daniel J. Albregts on 11/3/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 34
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (HAM)
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Filing 33
SCHEDULING ORDER granting #32 Discovery Plan and Scheduling Order; Discovery due by 3/27/2023. Motions due by 4/26/2023. Proposed Joint Pretrial Order due by 5/26/2023. Signed by Magistrate Judge Daniel J. Albregts on 11/3/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Party PNC Bank terminated per #31 Notice of Voluntary Dismissal. (EDS)
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Filing 32
Joint Proposed Discovery Plan and Scheduling Order by Plaintiffs Eric Scholer, Scholer & Sons, LLC.. (Johnson, Ariel)
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Filing 31
NOTICE of Voluntary Dismissal by Plaintiffs Eric Scholer, Scholer & Sons, LLC. of Defendant PNC Bank. (Johnson, Ariel)
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Filing 30
CERTIFICATE of Interested Parties by Ewerton Consulting and Investments, LLC, Ewerton Vairo Consulting and Invetsments, LLC, PNC Bank, Richard's Brazilian Sausage, LLC, Richard Vairo Santos. There are no known interested parties other than those participating in the case. (Mack, Steven)
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Filing 29
NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Alejandro F. Garcia and Alexis M. De La Rosa to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 11/7/2022. (no image attached) (EDS)
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Filing 28
MOTION to Dismiss #1 Complaint,, by Defendants Ewerton Consulting and Investments, LLC, Ewerton Vairo Consulting and Invetsments, LLC, Richard's Brazilian Sausage, LLC, Richard Vairo Santos, Nominal Defendant PNC Bank. Responses due by 11/4/2022. Discovery Plan/Scheduling Order due by 12/5/2022. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration)(Mack, Steven) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Filing 27
NOTICE of Corrected Image/Document re #21 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Alexis M. De La Rosa, by Defendants Ewerton Consulting and Investments, LLC, Ewerton Vairo Consulting and Invetsments, LLC, Richard's Brazilian Sausage, LLC, Richard Vairo Santos, Nominal Defendant PNC Bank. (Service of corrected image is attached.). (Mack, Steven)
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Filing 26
NOTICE of Corrected Image/Document re #22 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Alejandro F. Garcia, by Defendants Ewerton Consulting and Investments, LLC, Ewerton Vairo Consulting and Invetsments, LLC, Richard's Brazilian Sausage, LLC, Richard Vairo Santos, Nominal Defendant PNC Bank. (Service of corrected image is attached.). (Mack, Steven)
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Filing 25
ORDER granting #23 Stipulation Re: #1 Complaint. IT IS HEREBY FURTHER STIPULATED that, as a professional courtesy to Defendants' counsel, Plaintiffs agree that the deadline for Defendants to file their responsive pleading, currently set for October 7, 2022, shall be extended until October 21, 2022. Signed by Magistrate Judge Daniel J. Albregts on 10/12/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 24
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 10/9/2022. IT IS HEREBY ORDERED that a ruling on Verified Petition for Permission to Practice Pro Hac Vice and Designation of Local Counsel #21 and #22 are DEFERRED. IT IS FURTHER ORDERED that Petitioner's Alexis M. De La Rosa and Alejandro F. Garcia shall provide a current Certificate of Good Standing from EACH state in which Petitioner has been admitted to practice law, in accordance with the instruction set forth on Page 2, No. 3 of the Verified Petition For Permission To Practice In This Case Only By Attorney Not Admitted To The Bar Of This Court And Designation Of Local Counsel. Petitioners shall have 14 days from the entry of this order to file the corrected Verified Petition using the "Notice of Corrected Image/Document" event. Failure to timely remedy this deficiency will result in the denial of the Verified Petition, and Petitioner will be required to refile and to repay the filing fee. (Copies have been distributed pursuant to the NEF - CVL)
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Filing 23
Second STIPULATION FOR EXTENSION OF TIME (Second Request) For Responsive Pleading by Plaintiffs Eric Scholer, Scholer & Sons, LLC. (Johnson, Ariel) (extend) (answer)
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Filing 22
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Alejandro F. Garcia and DESIGNATION of Local Counsel Steven Mack (Filing fee $ 250 receipt number ANVDC-7074276) by Defendant Richard Vairo Santos. (Mack, Steven)
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Filing 21
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Alexis M. De La Rosa and DESIGNATION of Local Counsel Steven Mack (Filing fee $ 250 receipt number ANVDC-7074245) by Defendant Richard Vairo Santos. (Mack, Steven)
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Filing 20
ORDER granting #19 Stipulation Re: #1 Complaint. Ewerton Consulting and Investments, LLC answer due 10/7/2022; Ewerton Vairo Consulting and Invetsments, LLC answer due 10/7/2022; Richard's Brazilian Sausage, LLC answer due 10/7/2022; Richard Vairo Santos answer due 10/7/2022. Signed by Magistrate Judge Daniel J. Albregts on 9/29/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 19
First STIPULATION FOR EXTENSION OF TIME (First Request) For Responsive Pleading by Plaintiffs Eric Scholer, Scholer & Sons, LLC. (Johnson, Ariel) (extend) (answer)
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Filing 18
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 9/28/2022. RE: #17 Stipulation to extend deadline for responsive pleading. Having reviewed the parties' stipulation, the Court finds that it fails to comply with Local Rule IA 6-1 because it does not provide a reason for the requested extension. Nor does it provide the date the response is currently due. IT IS THEREFORE ORDERED that the parties' stipulation #17 is DENIED without prejudice. (no image attached) (Copies have been distributed pursuant to the NEF - KL)
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Filing 17
First STIPULATION FOR EXTENSION OF TIME (First Request) For Responsive Pleading by Plaintiffs Eric Scholer, Scholer & Sons, LLC. (Johnson, Ariel) (extend) (answer)
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Filing 16
SUMMONS Returned Executed by Eric Scholer, Scholer & Sons, LLC. PNC Bank served on 9/20/2022. (Johnson, Ariel)
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Filing 15
SUMMONS Returned Executed by Eric Scholer, Scholer & Sons, LLC. Ewerton Vairo Consulting and Invetsments, LLC served on 9/9/2022. (Johnson, Ariel)
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Filing 14
SUMMONS Returned Executed by Eric Scholer, Scholer & Sons, LLC. Ewerton Consulting and Investments, LLC served on 9/7/2022. (Johnson, Ariel)
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Filing 13
SUMMONS Returned Executed by Eric Scholer, Scholer & Sons, LLC. Richard's Brazilian Sausage, LLC served on 9/7/2022. (Johnson, Ariel)
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Filing 12
SUMMONS Returned Executed by Eric Scholer, Scholer & Sons, LLC. Richard Vairo Santos served on 9/7/2022. (Johnson, Ariel)
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Filing 11
SUMMONS ISSUED as to PNC Bank re #1 Complaint. (TRW)
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Filing 10
PROPOSED SUMMONS to be issued PNC Bank by Plaintiffs Eric Scholer, Scholer & Sons, LLC. (Reynolds, Jacob)
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Filing 9
CERTIFICATE of Interested Parties by Eric Scholer, Scholer & Sons, LLC. There are no known interested parties other than those participating in the case (Reynolds, Jacob)
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Filing 8
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 8/30/2022. Each non-governmental party is required to file a certificate of interested parties concurrently with its first appearance in a case. Fed. R. Civ. P. 7.1(b)(1); Local Rule 7.1-1(c). Plaintiffs failed to file a certificate of interested parties. Accordingly, Plaintiffs must file a certificate of interested parties no later than September 6, 2022. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KL)
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Filing 7
SUMMONS ISSUED as to Ewerton Consulting and Investments, LLC, Ewerton Vairo Consulting and Invetsments, LLC, Richard's Brazilian Sausage, LLC, Richard Vairo Santos re #1 Complaint. (HAM)
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Filing 6
PROPOSED SUMMONS to be issued Ewerton Vairo Consulting & Investments, LLC by Plaintiffs Eric Scholer, Scholer & Sons, LLC. (Reynolds, Jacob)
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Filing 5
PROPOSED SUMMONS to be issued Ewerton Consulting & Investments, LLC by Plaintiffs Eric Scholer, Scholer & Sons, LLC. (Reynolds, Jacob)
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Filing 4
PROPOSED SUMMONS to be issued Richard's Brazilian Sausage LLC by Plaintiffs Eric Scholer, Scholer & Sons, LLC. (Reynolds, Jacob)
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Filing 3
PROPOSED SUMMONS to be issued Richard Santos by Plaintiffs Eric Scholer, Scholer & Sons, LLC. (Reynolds, Jacob)
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Filing 2
STANDING ORDER. This case has been assigned to the Honorable Judge Richard F. Boulware, II. Judge Boulware's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - EDS)
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Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Daniel J. Albregts. (HAM)
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Filing 1
COMPLAINT against Ewerton Consulting and Investments, LLC, Ewerton Vairo Consulting and Invetsments, LLC, PNC Bank, Richard's Brazilian Sausage, LLC, Richard Vairo Santos (Filing fee $402 receipt number ANVDC-7018539) by Eric Scholer, Scholer & Sons, LLC. Proof of service due by 11/17/2022. (Reynolds, Jacob) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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