Acevedo v. St. Andrews Estates 26 LLC
| JUAN ACEVEDO |
| St. Andrews Estates 26 LLC |
| 3:2024cv08622 |
| August 21, 2024 |
| U.S. District Court for the District of New Jersey |
| Georgette Castner |
| Justin T Quinn |
| Contract: Recovery/Enforcement |
| 11 U.S.C. § 101 Bankruptcy |
| None |
Docket Report
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This docket was last retrieved on August 26, 2024. A more recent docket listing may be available from PACER.
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Filing 31
ORDER referring action to the United States Bankruptcy Court. The Clerk is directed to ADMINISTRATIVELY CLOSE this action once it is referred to the Bankruptcy Court. Signed by Judge Georgette Castner on 8/26/2024. (mlh)
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| ***Civil Case Terminated. (mlh) |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (jdg, ) |
| Judge Georgette Castner and Magistrate Judge Justin T. Quinn added. (jdg) |
| Filing 30 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:22-cv-04682. Original file certified copy of transfer order and docket sheet received. |
| Case transferred to District of New Jersey with instruction that it be referred, by the Standing Order of Reference, to the United States Bankruptcy Court for the District of New Jersey, Case No. 22-14525 (KCF), pursuant to 28 U.S.C. 1452. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (SG) |
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Filing 29
ORDER granting #28 , finding as moot #27 : Consistent with this Court's Electronic Order dated July 29, 2024, and in the absence of any opposition from defendant, plaintiff's transfer motion is GRANTED. The Clerk is respectfully directed to transfer this case to the District of New Jersey with instruction that it be referred, by the Standing Order of Reference, to the United States Bankruptcy Court for the District of New Jersey, Case No. 22-14525 (KCF), pursuant to 28 U.S.C. 1452. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/10/2024. (DB)
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ORDER finding as moot #15 Motion for Pre Motion Conference and #16 Motion for Pre Motion Conference in light of the procedural history and currently pending motions #27 , #28 . Ordered by Judge Ramon E. Reyes, Jr. on 8/1/2024. (AH)
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ELECTRONIC ORDER re #15 - #16 - #27 - #28 : Defendant has previously expressed opposition to plaintiff's request for venue transfer but without any substantial explanation for that position. This Court previously ordered defendant to file any opposition to the pending motion #27 by 07/01/2024; defendant did not do so. Defendant is therefore ORDERED to file a response by 08/06/2024. Failure to do so will result in this Court so-ordering plaintiff's proposed order granting the pending motion for venue transfer [28-1]. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/29/2024. (DB)
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ORDER RESPECTFULLY REFERRING MOTION: #28 Letter MOTION to Change Venue proposed order filed by Juan Acevedo to Magistrate Judge Cheryl L. Pollak for decision. Ordered by Judge Ramon E. Reyes, Jr on 7/29/2024. (MV)
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| Filing 28 Letter MOTION to Change Venue proposed order by Juan Acevedo. (Attachments: #1 Proposed Order) (Markowitz, Michael) |
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ORDER RESPECTFULLY REFERRING #27 Plaintiff's Motion to Change Venue to the United States Bankruptcy Court for the District of New Jersey to Magistrate Judge Cheryl L. Pollak for decision. Ordered by Judge Ramon E. Reyes, Jr. on 6/16/2024. (PAC)
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| Filing 27 MOTION to Change Venue by Juan Acevedo. (Attachments: #1 Declaration, #2 Memorandum in Support, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D) (Markowitz, Michael) |
| Filing 26 Letter MOTION for pre motion conference by Juan Acevedo. (Attachments: #1 Status Report) (Markowitz, Michael) |
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ELECTRONIC ORDER denying #26 : No premotion conference is necessary. Motion to Transfer due 06/10/2024; response due 07/01/2024; reply due 07/08/2024. To the extent that the motion is uncontested, non-movants should file a letter stating as much by 06/17/2024. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/20/2024. (DB)
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| Filing 25 Letter MOTION to Adjourn Conference by Juan Acevedo. (Markowitz, Michael) |
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ELECTRONIC ORDER re #25 : Parties to file stipulation of dismissal or status report explaining the delay by 5/17/2024.. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/17/2024. (DC)
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| Filing 24 Letter MOTION to Adjourn Conference by Juan Acevedo. (Markowitz, Michael) |
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ELECTRONIC ORDER granting #24 : Parties to file stipulation of dismissal or status report explaining the delay by 04/18/2024. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/18/2024. (DB)
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ELECTRONIC ORDER granting #23 : In light of the parties' ongoing settlement discussions, the pre-motion conference set for 02/06/2024 is adjourned sine die. The parties shall file a stipulation of dismissal or status report explaining the delay by 03/18/2024. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/2/2024. (DB)
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| Filing 23 Letter MOTION to Adjourn Conference subject to executed settlement agreement by Juan Acevedo. (Markowitz, Michael) |
| Filing 22 NOTICE of Change of mailing address Once the filing has been made, you must login to www.pacer.gov and update your account. (Markowitz, Michael) |
| Filing 21 NOTICE of Appearance by Michael A. Markowitz on behalf of Juan Acevedo (aty to be noticed) (Markowitz, Michael) |
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ELECTRONIC SCHEDULING ORDER: Pre motion conference re #15 and #16 scheduled for 02/06/2024 at 03:15 PM before Magistrate Judge Cheryl L. Pollak. Conference will proceed via Zoom; a link will follow. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/8/2024. (DB)
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ORDER referring #16 MOTION for pre motion conference and #15 MOTION for pre motion conference to Magistrate Judge Cheryl L. Pollak for decision, per District Judge Ramn E. Reyes, Jr.'s Individual Rules, Rule III (motions to transfer venue are referred to the assigned magistrate judge to hear and determine). Ordered by District Judge Ramn E. Reyes, Jr. on 1/5/2024. (CG)
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| Case Reassigned to District Judge Ramon E. Reyes, Jr. Judge Frederic Block no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (AM) |
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SCHEDULING ORDER: The in person pre-motion conference scheduled before J. Block for January 11, 2024 @ 2:30 pm is cancelled, because this case will be re-assigned to J. Reyes for all purposes. J. Reyes's chambers will issue an order with respect to plaintiff's pending application #13 requesting a pre-motion conference. Upon receipt of this email counsel shall confirm with each other that this in person pre-motion conference before J. Block is cancelled. Ordered by Judge Frederic Block on 12/19/2023. (MI)
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 1/11/2024 02:30 PM before Judge Frederic Block. (MI) |
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SCHEDULING ORDER: The Court was notified by telephone today that plaintiff's counsel has passed away. The in person pre-motion conference scheduled for December 7, 2023 is being adjourned by the Court to January 11, 2024 @ 2:30 PM , to allow plaintiff to obtain new counsel. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 12/6/2023. (MI)
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| Filing 20 Second MOTION to Adjourn Conference by St. Andrews Estates 26 LLC. (Rosengarten, Solomon) |
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ELECTRONIC ORDER: Defendant's letter application #20 without the consent of the plaintiff is DENIED. The in person pre-motion conference scheduled on December 7, 2023 @ 4:30 pm will go forward as scheduled. At that time counsel can update the Court on the status of this litigation and the New Jersey Bankruptcy case. Ordered by Judge Frederic Block on 12/5/2023. (MI)
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 12/7/2023 04:30 PM before Judge Frederic Block. (MI) |
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SCHEDULING ORDER: Plaintiff's letter application #19 with the consent of the defendant is GRANTED. The in person pre-motion conference scheduled for November 15, 2023 is adjourned to December 7, 2023 at 4:30 P.M. , to allow the parties to continue to explore a settlement. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 11/13/2023. (MI)
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| Filing 19 Letter Requesting Conference Adjournment by Juan Acevedo (Cohen, Toby) |
| Filing 18 MOTION to Adjourn Conference by St. Andrews Estates 26 LLC. (Rosengarten, Solomon) |
| Set/Reset Hearings: In Person Pre-Motion Conference set for 11/15/2023 02:30 PM before Judge Frederic Block. (MI) |
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ELECTRONIC ORDER: Defendant's letter application #18 with the consent of the plaintiff is GRANTED. The in person pre-motion conference scheduled for October 12, 2023 is adjourned to November 15, 2023 at 2:30 P.M.. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 10/11/2023. (MI)
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 10/12/2023 02:30 PM before Judge Frederic Block. (MI) |
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SCHEDULING ORDER: The in person pre-motion conference scheduled for September 13, 2023 is being adjourned by the Court to October 12, 2023 @ 2:30 PM , due to a conflict with the Court's calendar. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-motion conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference, and then file a letter application. Ordered by Judge Frederic Block on 9/12/2023. (MI)
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Filing 17
SCHEDULING ORDER: Plaintiff's letter application #13 dated 6/23/23 and defendant's letter application #14 dated 6/25/23 are GRANTED. An in person pre motion conference is scheduled for September 13, 2023 @ 2:30PM . The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions . If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person pre-motion conference and then file a letter application. Upon receipt of this email counsel shall confirm with each other of the date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 7/5/2023. (MI)
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 9/13/2023 02:30 PM before Judge Frederic Block. (MI) |
| Filing 16 Letter Requesting Premotion Conference by Juan Acevedo (Cohen, Toby) |
| Filing 15 Letter RE REQUEST FOR PRE-MOTION CONFERENCE by St. Andrews Estates 26 LLC (Attachments: #1 Exhibit) (Rosengarten, Solomon) |
| Filing 14 Letter RE REQUEST FOR PRE-MOTION CONFERENCE by St. Andrews Estates 26 LLC (Rosengarten, Solomon) |
| Filing 13 MOTION for pre motion conference Letter Request for Briefing Schedule by Juan Acevedo. (Cohen, Toby) |
| Filing 12 MOTION to Change Venue by Juan Acevedo. (Attachments: #1 Declaration) (Cohen, Toby) |
| Motions terminated, docketed incorrectly: #12 MOTION to Change Venue. THE COURT REQUIRES A PRE-MOTION CONFERENCE BEFORE ANY DISPOSITIVE MOTIONS ARE SERVED AND FILED. J. BLOCK'S MOTION RULES ARE LOCATED ON THE COURT'S WEBSITE. (MI) |
| MINUTE ENTRY for Status Conference proceeding held before Magistrate Judge Cheryl Pollak on 6/8/2023. Appearance for plaintiff: Toby Cohen (Acevedo) and Joseph Zapata (for trustee Dobin). Appearance for defendant: Solomon Rosengarten. Plaintiff to brief motion to transfer by 6/23/2023. Defendant's response due 7/14/2023 - reply 7/21/2023. If parties decide to conduct discovery, they should notify the court. (DC) |
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ELECTRONIC SCHEDULING ORDER re #11 Status Conference set for 6/8/2023 at 11:45 AM before Magistrate Judge Cheryl L. Pollak. Status Conference to proceed via AT&T conference call. Please dial 877-336-1839 11:45 AM. Enter access code 380-1746 and security code 22-4682. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/5/2023. (MK)
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| Filing 11 STATUS REPORT Status Update by Juan Acevedo (Cohen, Toby) |
| Filing 10 STATUS REPORT re Case Status Update by Juan Acevedo (Cohen, Toby) |
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ELECTRONIC STATUS REPORT ORDER re #10 Status Report due by 5/5/2023.So Ordered by Magistrate Judge Cheryl L. Pollak on 4/3/2023. (DC)
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ELECTRONIC STATUS REPORT ORDER re #9 : Status Report due by 4/5/2023. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/3/2023. (MK)
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| Filing 9 Letter with Status Update by Juan Acevedo (Cohen, Toby) |
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ELECTRONIC STATUS REPORT ORDER re #8 : Status Report due by 3/6/2023. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/5/2023. (MK) Modified on 2/6/2023 (DC).
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| Filing 8 Letter re Case Status Update by Juan Acevedo (Cohen, Toby) |
| ELECTRONIC STATUS REPORT ORDER re #7 : Status Report due by 2/2/2023. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 1/9/2023. (MK) |
| Filing 7 DECLARATION Declaration of Andrea Dobin by Juan Acevedo (Cohen, Toby) |
| MINUTE ENTRY for Initial Conference proceeding held before Chief Magistrate Judge Cheryl Pollak on 12/8/2022. Appearance for plaintiff: Toby Cohen. Appearance for defendant: Solomon Rosengarten. Also present: Joseph Zapata for Andrea Dobin, Chapter 7 trustee. parties attempting to resolve the issues before the bankruptcy court that will resolve this Complaint as well. Status report due in 30 days - 1/9/2023. (DC) |
| ELECTRONIC ORDER re #6 : The request to allow Joseph Zapata, Esq. to participate in the status conference set for 12/8/2022 is granted. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 12/5/2022. (MK) |
| Filing 6 Letter Requesting Permission to Participate in Status Conference by Juan Acevedo (Cohen, Toby) |
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Filing 5
SCHEDULING ORDER: An Initial Conference is set for 12/8/2022 @ 2:15 PM before Chief Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:15 PM. Enter Access code: 380-1746 and security code: 22-4682. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 11/14/2022. (DC)
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| Filing 4 MOTION to Change Venue by Juan Acevedo. (Attachments: #1 Declaration, #2 Memorandum in Support) (Cohen, Toby) |
| Motions terminated, docketed incorrectly: #4 MOTION to Change Venue. J. BLOCK'S MOTION RULES, WHICH ARE LOCATED ON THE COURT'S WEBSITE REQUIRE A PRE-MOTION CONFERENCE PRIOR TO THE SERVING AND FILING OF ANY FULLY BRIEFED DISPOSITIVE MOTION. (Innelli, Michael) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 1 NOTICE OF REMOVAL by Juan Acevedo from Kings County Supreme Court, case number 503284/2016. ( Filing fee $ 402 receipt number ANYEDC-15825942) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Underlying Summons and Complaint) (Cohen, Toby) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
| Case Assigned to Judge Frederic Block and Chief Magistrate Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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| Defendant: St. Andrews Estates 26 LLC | |
| Represented By: | SOLOMON ROSENGARTEN |
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| Plaintiff: JUAN ACEVEDO | |
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