NISSAN MOTOR ACCEPTANCE CORP. v. INFINITI OF ENGLEWOOD, LLC et al
| NISSAN MOTOR ACCEPTANCE CORP. and NISSAN MOTORS ACCEPTANCE CORPORATION |
| SOUND MOTORS, INC., CONCOURS MOTORS, INC., 800 E STREET, LLC, ELITE NISSAN OF BERGENFIELD, LLC, NISSAN OF HAWTHORNE, LLC, INFINITI OF ENGLEWOOD, LLC, INFINITI OF ENGLEWOOD REALTY CO., LLC, BERGENFIELD SUZUKI, LLC, JOHN P. STEFANIDIS, JAMES D DEMATRAKIS, NISSAN OF HAWTHORNE REALTY II, LLC and WASHINGTON AVENUE ASSOCIATES, LLC |
| 2:2018cv17228 |
| December 14, 2018 |
| US District Court for the District of New Jersey |
| Madeline Cox Arleo |
| Michael A Hammer |
| Negotiable Instrument |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.
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Filing 36
NOTICE of Appearance by RYAN P. MULVANEY on behalf of NISSAN MOTORS ACCEPTANCE CORPORATION (MULVANEY, RYAN)
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Filing 35
Letter from Concours Motors, Inc seeking to amend its cross-motion to dismiss. (FIORENZO, JOSEPH)
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Filing 34
NOTICE of Appearance by CHARLES ANDREW GALLAER on behalf of ELITE NISSAN OF BERGENFIELD, LLC, INFINITI OF ENGLEWOOD, LLC, NISSAN OF HAWTHORNE, LLC (GALLAER, CHARLES)
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Filing 33
STIPULATION re #2 Exhibit (to Document), Stipulation & Order by All Plaintiffs. (Attachments: #1 Text of Proposed Order Stipulation & Order, #2 Exhibit Exhibit A, List of Inventory)(GIAMPICCOLO, SALVATORE)
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Filing 32
SUMMONS ISSUED as to JAMES D DEMATRAKIS, INFINITI OF ENGLEWOOD REALTY CO., LLC, NISSAN OF HAWTHORNE REALTY II, LLC, JOHN P. STEFANIDIS, WASHINGTON AVENUE ASSOCIATES, LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (JB, )
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Filing 31
Letter from Plaintiff Nissan Motor Acceptance Corp. Requesting Summons re #26 Amended Complaint,,. (GIAMPICCOLO, SALVATORE)
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Filing 30
TEXT ORDER: Settlement Conference set for 3/21/2019 at 11:00 a.m. in Newark - Courtroom 2C before Magistrate Judge Michael A. Hammer. In addition to and wholly separate from counsel, individual clients are required to attend the conference in person and be present and available all day. Each party must submit a confidential settlement memorandum on or before 3/18/2019, limited to five (5) double-spaced pages. Any scheduling conflict must be brought to the Court's attention by 1/17/2019. Please mark your calendar accordingly. So Ordered by Magistrate Judge Michael A. Hammer on 1/10/2019. (jqb, )
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Filing 29
CERTIFICATE OF SERVICE by NISSAN MOTORS ACCEPTANCE CORPORATION re #1 Complaint Certificate of Service Concours Motors, Inc. (Attachments: #1 Certificate of Service Infiniti of Englewood, #2 Certificate of Service Elite Nissan, #3 Certificate of Service Nissan of Hawthorne, #4 Certificate of Service Sound Motors)(GIAMPICCOLO, SALVATORE)
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Filing 28
ORDER re #23 STIPULATION with Proposed Order by ELITE NISSAN OF BERGENFIELD, LLC, INFINITI OF ENGLEWOOD, LLC, NISSAN OF HAWTHORNE, LLC. In Support Of Application For Admission Pro Hace Vic e Of Russell P. McRory, Esq, etc. Signed by Magistrate Judge Michael A. Hammer on 1/8/2019. (JB, )
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Filing 27
Letter from Michael P. McMahan re #7 Order,. (MCMAHAN, MICHAEL)
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Set Deadlines as to #25 MOTION for Leave to File Sur-Reply. Motion set for 2/4/2019 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (JB, )
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Filing 26
AMENDED COMPLAINT FIRST AMENDED VERIFIED COMPLAINT OF NISSAN MOTOR ACCEPTANCE CORPORATION against JAMES D DEMATRAKIS, JOHN P. STEFANIDIS, INFINITI OF ENGLEWOOD REALTY CO., LLC, NISSAN OF HAWTHORNE REALTY II, LLC, WASHINGTON AVENUE ASSOCIATES, LLC, BERGENFIELD SUZUKI, LLC, filed by NISSAN MOTORS ACCEPTANCE CORPORATION. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B, #3 Exhibit EXHIBIT C, #4 Exhibit EXHIBIT D, #5 Exhibit EXHIBIT E, #6 Exhibit EXHIBIT F, #7 Exhibit EXHIBIT G, #8 Exhibit EXHIBIT H, #9 Exhibit EXHIBIT I)(GIAMPICCOLO, SALVATORE)
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Filing 25
MOTION for Leave to File Sur-Reply by ELITE NISSAN OF BERGENFIELD, LLC, INFINITI OF ENGLEWOOD, LLC, NISSAN OF HAWTHORNE, LLC. (Attachments: #1 Brief Memo Of Law for Leave to File Sur-Reply, #2 Declaration of Michael P. McMahan, Esq. In Support Of Motion For Leave to File Sur-Reply, #3 Exhibit A McMahan Decl - Infiniti of Englewood - Sur-Reply in Opposition To Order To Show Cause, #4 Exhibit B McMahan Decl - Stefanidis Declaration, #5 Exhibit C McMahan Decl - Liebler Declaration)(MCMAHAN, MICHAEL)
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Filing 24
Corporate Disclosure Statement by ELITE NISSAN OF BERGENFIELD, LLC, INFINITI OF ENGLEWOOD, LLC, NISSAN OF HAWTHORNE, LLC. (MCMAHAN, MICHAEL)
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Filing 23
STIPULATION with Proposed Order by ELITE NISSAN OF BERGENFIELD, LLC, INFINITI OF ENGLEWOOD, LLC, NISSAN OF HAWTHORNE, LLC. (Attachments: #1 Certification of Michael P. McMahan, Esq. In Support Of Application For Admission Pro Hace Vice Of Russell P. McRory, Esq,, #2 Certification of Russell P. McRory, Esq. In Support Of Application For Admission Pro Hac Vice)(MCMAHAN, MICHAEL)
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Filing 21
NOTICE of Appearance by LISBETH W. CLOAD on behalf of NISSAN MOTORS ACCEPTANCE CORPORATION (CLOAD, LISBETH)
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Filing 20
REPLY BRIEF to Opposition to Motion filed by All Plaintiffs re #19 First MOTION to Dismiss Nissan Motors Acceptance Corp.'s Complaint (Attachments: #1 Exhibit Exhibit A to Giampicolo Declaration, #2 Exhibit Exhibit B to Giampiccolo Declaration, #3 Exhibit Exhibit C to Giampiccolo Declaration, #4 Exhibit Exhibit D to Giampiccolo Declaration, #5 Declaration Johnson Declaration, #6 Exhibit Exhibit A to Johnson Declaration, #7 Exhibit Exhibit B to Johnson Declaration, #8 Exhibit Exhibit C to Johnson Declaration, #9 Exhibit Exhibit D to Johnson Declaration, #10 Exhibit Exhibit E to Johnson Declaration, #11 Exhibit Exhibit F to Johnson Declaration, #12 Exhibit Exhibit G to Johnson Declaration, #13 Brief Memorandum of Law)(GIAMPICCOLO, SALVATORE)
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Set Deadlines as to #19 First MOTION to Dismiss Nissan Motors Acceptance Corp.'s Complaint. Motion set for 1/22/2019 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (JB, )
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Filing 19
First MOTION to Dismiss Nissan Motors Acceptance Corp.'s Complaint by CONCOURS MOTORS, INC.. Responses due by 12/31/2018 (Attachments: #1 Brief Concours Motors' Brief in Opposition to Nissan Motors Acceptance Corp.'s Motion for Injunctive Relief and In Support of Concours' Motion to Dismiss, #2 Certification Certifcation of Joseph B. Fiorenzo, Esq., #3 Certificate of Service, #4 Text of Proposed Order)(FIORENZO, JOSEPH)
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Filing 18
NOTICE of Appearance by JOSEPH B. FIORENZO on behalf of CONCOURS MOTORS, INC. (FIORENZO, JOSEPH)
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Filing 17
RESPONSE TO ORDER TO SHOW CAUSE by SOUND MOTORS, INC.. (Attachments: #1 Affidavit Affidavit of Ralph Pindek, #2 Brief Opposition Brief, #3 Statement Disclosure Statement, #4 Supplement Letter to Judge Arleo)(GAROFALO, RICHARD)
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Filing 16
RESPONSE TO ORDER TO SHOW CAUSE by SOUND MOTORS, INC.. (GAROFALO, RICHARD)
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Filing 15
NOTICE of Appearance by RICHARD T GAROFALO on behalf of SOUND MOTORS, INC. (GAROFALO, RICHARD)
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Filing 14
AFFIDAVIT in Opposition re #1 Complaint, #4 Letter, #2 Exhibit (to Document), #3 Corporate Disclosure Statement, Add and Terminate Judges, #5 Affidavit, #7 Order, by NISSAN MOTORS ACCEPTANCE CORPORATION. (Attachments: #1 Brief Brief, #2 Affidavit Affidavit of Michael Curry, #3 Affidavit Affidavit of Ralph Pindek, #4 Supplement Letter to Judge Arleo)(GAROFALO, RICHARD)
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Filing 13
RESPONSE TO ORDER TO SHOW CAUSE by ELITE NISSAN OF BERGENFIELD, LLC, INFINITI OF ENGLEWOOD, LLC, NISSAN OF HAWTHORNE, LLC. (Attachments: #1 Declaration Declaration of John Stefanidis, #2 Exhibit A - Text message from Mr. Cohen, #3 Exhibit B - Text message from Mr. Cohen, #4 Exhibit C - Text message from Mr. Cohen, #5 Exhibit D - Account Statements, #6 Exhibit E - December 18, 2018 correspondence, #7 Exhibit F - Dealers' offer for safeguards pending settlement)(MCMAHAN, MICHAEL)
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Filing 12
NOTICE of Appearance by MICHAEL P. MCMAHAN on behalf of ELITE NISSAN OF BERGENFIELD, LLC, INFINITI OF ENGLEWOOD, LLC, NISSAN OF HAWTHORNE, LLC (MCMAHAN, MICHAEL)
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Filing 11
NOTICE of Appearance by LAWRENCE P. MAHER on behalf of 800 E STREET, LLC (Attachments: #1 Affidavit of John J. Fletcher)(MAHER, LAWRENCE)
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Filing 10
ORDER granting #9 Letter request to extend the deadline for Defendant Concours Motors, Inc.'s opposition to Plaintiff's application for injunctive relief from December 19, 2018 to December 21, 2018. The deadline for Plaintiff's response to Defendant Concours Motors, Inc's opposition is extended to December 30, 2018. Signed by Judge Madeline Cox Arleo on 12/19/2018. (mfr)
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Filing 9
Letter. (SPADORA, BRIAN)
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Filing 8
NOTICE of Appearance by BRIAN LUCAS SPADORA on behalf of CONCOURS MOTORS, INC. (SPADORA, BRIAN)
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Filing 6
SUMMONS ISSUED as to 800 E STREET, LLC, CONCOURS MOTORS, INC., ELITE NISSAN OF BERGENFIELD, LLC, INFINITI OF ENGLEWOOD, LLC, NISSAN OF HAWTHORNE, LLC, SOUND MOTORS, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (JB, )
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Filing 22
Minute Entry for proceedings held before Judge Madeline Cox Arleo: Application for TRO Hearing held on 12/14/2018. (Court Reporter/Recorder ECR.) (aa, )
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Filing 7
ORDER, that Plaintiff shall serve a copy of this Order to Show Cause, the verified Complaint, the accompanying Memorandum of law on Defendant(s) by personal service, Federal Express, service by email, or certified mail-return receipt requested, and simultaneously by first class mail, any of which means of service shall be deemed sufficient service of process upon each said Defendant, immediately, etc. Signed by Judge Madeline Cox Arleo on 12/14/2018. (JB, )
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Filing 5
AFFIDAVIT of Corrected Affidavit of Jay Delaney (correcting caption on previously filed affidavit) re #2 Exhibit (to Document), by NISSAN MOTOR ACCEPTANCE CORP.. (GIAMPICCOLO, SALVATORE)
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Filing 4
Letter from Salvatore A. Giampiccolo, Esq. regarding December 14, 2018, hearing before Hon. Madeline Cox Arleo, U.S.D.J. re #2 Exhibit (to Document),. (GIAMPICCOLO, SALVATORE)
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Filing 3
Corporate Disclosure Statement by NISSAN MOTOR ACCEPTANCE CORP. identifying NISSAN NORTH AMERICA, INC. as Corporate Parent. (dam, )
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Filing 2
Text of Proposed ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINTS re #1 Complaint by NISSAN MOTOR ACCEPTANCE CORP. (Attachments: #1 Memorandum of Law in Support of Plaintiff, NISSAN MOTOR ACCEPTANCE CORP'S, Emergent Application, #2 Affidavit of JAY DELANEY in Support of Motion by Order to Show Cause, #3 Service List, #4 Civil Cover Sheet)(dam, )
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Filing 1
COMPLAINT against NISSAN MOTOR ACCEPTANCE CORP. ( Filing and Admin fee $ 400 receipt number 0312-9243717), filed by NISSAN MOTOR ACCEPTANCE CORP..(GIAMPICCOLO, SALVATORE)
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Judge Madeline Cox Arleo and Magistrate Judge Michael A. Hammer added. (eu, )
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