Able Motor Cares, Corp. et al v. KeyBank National Association
| Able Motor Cares, Corp. and Michael Pescatore |
| KeyBank National Association |
| 1:2017cv05159 |
| August 31, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kiyo A Matsumoto |
| Steven Tiscione |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on January 22, 2018. A more recent docket listing may be available from PACER.
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| Civil Case Terminated. (Mahoney, Brenna) |
Filing 15
ORDER DISMISSING CASE, That this case is dismissed with prejudice, without costs and without attorneys' fees, pursuant to FRCP 41(a)(1)(A)(ii). (Ordered by Judge Kiyo A. Matsumoto on 12/1/2017) (Galeano, Sonia)
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| Filing 14 STIPULATION of Dismissal by Able Motor Cares, Corp., Michael Pescatore (Terracciano, Peter) |
| Filing 13 Minute Entry for Settlement Conference held on 10/6/2017 before Magistrate Judge Steven Tiscione: Terracciano for Plaintiffs; Matthew for Defendant. Settlement discussions were held and the parties were able to reach a disposition. Parties shall file a stipulation of dismissal by November 6, 2017. (FTR Log #12:04 - 12:06; 1:19 - 1:20.) (Vasquez, Lea) |
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SCHEDULING ORDER: Due to a conflict in the Court's schedule, the settlement conference scheduled for 11:00 a.m. on October 6th will instead begin at 12:00 p.m. on the same date. So Ordered by Magistrate Judge Steven Tiscione on 10/4/2017. (Vasquez, Lea)
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| Filing 12 Letter re Confidential Ex Parte Settlement Statement by KeyBank National Association (Mathieu, Emily) |
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ORDER granting #9 Motion to Adjourn Conference. The settlement conference scheduled for September 25th will instead be held at 11:00 a.m. on October 6th. So Ordered by Magistrate Judge Steven Tiscione on 9/22/2017. (Vasquez, Lea)
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| Filing 10 RESPONSE in Opposition re #9 MOTION to Adjourn Conference / Settlement Conference filed by All Plaintiffs. (Terracciano, Peter) |
| Filing 9 MOTION to Adjourn Conference / Settlement Conference by KeyBank National Association. (Mathieu, Emily) |
| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Telephonic Pre-Motion Conference held on 9/15/2017 regarding #5 the defendant's proposed motion to dismiss. Appearances: for plaintiffs, Peter J. Terracciano, Esq.; for defendant, Emily Joy Mathieu, Esq. and Anthony Rospert, Esq. The court referred the parties to Magistrate Judge Tiscione for a settlement conference. If the parties are unable to reach a settlement, they shall file a status letter within forty-eight hours of exhausting settlement discussions. The court also ordered that defendant's counsel provide plaintiffs with payoff calculations and methodologies for the loan referenced in paragraph eight of the #1 Complaint, by September 18, 2017 at 5:30 p.m. (Tata, Vivek) |
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SCHEDULING ORDER: An in-person settlement conference will be held at 3:00 p.m. on September 25, 2017 before the undersigned in Hearing Room N504 in the North Wing. All counsel must attend. By September 21st counsel are to submit their respective settlement positions, via ex parte electronic filing through the Court' Electronic Case Filing system. Counsel are further directed to refer to this Court's Individual Rules to properly prepare for the conference. So Ordered by Magistrate Judge Steven Tiscione on 9/15/2017. (Vasquez, Lea)
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| Filing 8 NOTICE of Appearance by Anthony Rospert on behalf of KeyBank National Association (notification declined or already on case) (Rospert, Anthony) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice by Anthony J. Rospert Filing fee $ 150, receipt number 0207-9828997. by KeyBank National Association. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing, #3 Proposed Order) (Rospert, Anthony) |
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ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #7 submitted by Anthony J. Rospert for Defendant KeyBank National Association and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. Also, the attorney shall ensure that the $150 admission fee is submitted to the Clerks Office. So Ordered by Magistrate Judge Steven Tiscione on 9/14/2017. (Vasquez, Lea)
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ORDER granting defendant's #5 Motion for Pre-Motion Conference on their anticipated motion to dismiss. A telephonic pre-motion conference shall be held on September 15, 2017, at 2:00 P.M. Defendant is instructed to coordinate a conference call between all parties and to dial into chambers (718-613-2180) when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 9/11/2017. (Tata, Vivek)
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| Filing 6 RESPONSE in Opposition re #5 Letter MOTION for pre motion conference re Motion to Dismiss filed by All Plaintiffs. (Terracciano, Peter) |
| Filing 5 Letter MOTION for pre motion conference re Motion to Dismiss by KeyBank National Association. (Mathieu, Emily) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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) |
| Case assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Steven Tiscione. 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) |
| Filing 2 Corporate Disclosure Statement by KeyBank National Association identifying Corporate Parent KeyCorp for KeyBank National Association. (Mathieu, Emily) |
| Filing 1 NOTICE OF REMOVAL by KeyBank National Association from Queens County Supreme Court, case number 709953/2017. ( Filing fee $ 400 receipt number 0207-9797691) (Attachments: #1 Exhibit A - State Court Complaint, #2 Civil Cover Sheet) (Mathieu, Emily) |
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