Brach v. Oxford Finance LLC et al
| Zigmund Brach |
| Oxford Finance LLC and PGC Monarch LLC |
| 1:2019cv01791 |
| March 28, 2019 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| James Orenstein |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 28, 2019. A more recent docket listing may be available from PACER.
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Filing 26
ORDER DISMISSING CASE, Pursuant to Federal Rule of Civil Procedure 41(a)(l)(A)(i), Plaintiff Zigmund Brach, by his attorneys, Robinson Brog Leinwand Greene Genovese & Gluck P.C., hereby gives notice that the claims in the above-captioned action against Oxford Finance LLC are voluntarily dismissed without prejudice. (Ordered by Judge Kiyo A. Matsumoto on undated) c/m (Galeano, Sonia)
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| Filing 25 NOTICE of Voluntary Dismissal by Zigmund Brach (Sasloff, Robert) |
| Filing 24 Letter by Zigmund Brach (Sasloff, Robert) |
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ORDER. The court grants the defendant's #23 consent request for suspension of the briefing schedule. The parties are directed to file a status letter on or before June 18, 2019 reporting the parties' findings and whether the court has subject matter jurisdiction over this case. Ordered by Judge Kiyo A. Matsumoto on 6/11/2019. (Spriggs, Steven)
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| Filing 23 Letter advising Court of intended motion to dismiss by Oxford Finance LLC (Dedaj, Jovalin) |
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Filing 22
Order Dismissing Parties: that, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, the above captioned action, including all claims, is hereby dismissed as to Defendant PGC Monarch LLC, without prejudice, and without costs and attorneys' fees to either party. (Ordered by Judge Kiyo A. Matsumoto on undated) c/m (Galeano, Sonia)
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| Filing 21 STIPULATION of Dismissal as to Defendant PGC Monarch LLC. Filed by Zigmund Brach (Sasloff, Robert) |
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ORDER granting #20 Motion to Adjourn Conference -- The motion is granted on consent; the initial conference, previously scheduled for May 21, 2019, is adjourned sine die pending the resolution of the motion to dismiss. Ordered by Magistrate Judge James Orenstein on 5/15/2019. (Roantree, Bronwyn)
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| Filing 20 Letter MOTION to Adjourn Conference Initial Discovery planning conference currently scheduled for May 21, 2019 by Oxford Finance LLC. (Cowley, Steven) |
| Filing 19 Letter in response to Plaintiff's Letter of May 9, 2019 by Oxford Finance LLC (Dedaj, Jovalin) |
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ORDER. The parties are directed to file a stipulation of dismissal of defendant PGC Monarch, LLC by May 21, 2019. The court adopts the consent briefing schedule proposed by the parties: (1) defendant Oxford Finance, LLC shall serve its motion on plaintiff by June 10, 2019; (2) plaintiff shall serve his opposition on Oxford by July 10, 2019; (3) Oxford shall serve its reply, if any, by July 25, 2019; and (4) the parties shall upload their motion papers in chronological order via ECF on July 25, 2019. The parties are respectfully directed to send two physical courtesy copies of their motion papers to chambers when the motion is fully briefed. Ordered by Judge Kiyo A. Matsumoto on 5/13/2019. (Spriggs, Steven)
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| Filing 18 Letter in Response to Letter of Brach [Docket No. 17] by PGC Monarch LLC (Reier, David) |
| Filing 17 Letter by Zigmund Brach (Sasloff, Robert) |
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ORDER. Each defendant is directed to file a response to plaintiff's #17 letter by close of business on May 13, 2019. Ordered by Judge Kiyo A. Matsumoto on 5/9/2019. (Spriggs, Steven)
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| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: The court held a Pre-Motion Conference on May 2, 2019. Plaintiff Zigmund Brach was represented by Robert Sasloff, Esq. Defendant Oxford Finance LLC was represented by Jovalin Dedaj, Esq., and Steven Cowley, Esq. Defendant PGC Monarch LLC was represented by David Reier, Esq. The parties discussed subject matter jurisdiction based on diversity and whether venue is proper in the Eastern District of New York. The court directed Mr. Sasloff to speak with his client about potential issues regarding subject matter jurisdiction, venue, and forum non conveniens. Plaintiff is directed to file a letter informing the court how he wishes to proceed by May 9, 2019. The parties should include an agreed upon briefing schedule if there will be motion practice or a stipulation of dismissal without prejudice if it is determined that there is no subject matter jurisdiction. The parties are directed to confirm whether the representations made to the court during the conference regarding the citizenship of each party are correct, and they should inform the court of any errors. Defendants' time to answer the complaint is extended to July 10, 2019, subject to renewal. (Court Reporter Charleane Heading.) (Spriggs, Steven) |
| Filing 16 NOTICE of Appearance by Steven M. Cowley on behalf of Oxford Finance LLC (notification declined or already on case) (Cowley, Steven) |
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ORDER granting #15 Motion for Leave to Appear Pro Hac Vice -- The motion is granted. Attorney Steven M. Cowley, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By May 7, 2019, Mr. Cowley shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Cowley shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Cowley shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 4/30/2019. (Gustafson, Kaelyn)
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| Filing 15 MOTION to Appear Pro Hac Vice of Steven M. Cowley by Written Motion Filing fee $ 150, receipt number ANYEDC-11429717. by Oxford Finance LLC. (Attachments: #1 Affidavit of Steven Cowley in Support of Motion, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Cowley, Steven) |
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SCHEDULING ORDER: Due to a conflict in the court's calendar, the pre-motion conference previously set for Friday, May 3, 2019 is now rescheduled for Thursday, May 2, 2019 at 3:00 PM. The parties shall coordinate a call among themselves and dial into chambers (718-613-2180) when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 4/29/2019. (Spriggs, Steven)
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| Filing 14 Letter by Zigmund Brach (Sasloff, Robert) |
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Filing 13
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on, May 21, 2019, at 10:30 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than May 17, 2019, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Each party's counsel must be personally prepared to discuss all factual and legal issues in the case, including the possibility of settlement; otherwise, the client must attend in person as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 4/26/2019. (Guy, Alicia)
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ORDER granting #10 Motion for Pre-Motion Conference; granting #12 Motion for Pre-Motion Conference. The court grants the defendants' request for a pre-motion conference. The court will hold a telephonic pre-motion conference on May 3, 2019 at 12:00 PM. The parties shall coordinate a call among themselves and dial into chambers (718-613-2180) when all parties are on the line. On consent of the parties, the defendants may answer or otherwise respond to the complaint by a date to be determined during the pre-motion conference. Ordered by Judge Kiyo A. Matsumoto on 4/26/2019. (Spriggs, Steven)
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| Filing 12 MOTION for pre motion conference by PGC Monarch LLC. (Reier, David) |
| Filing 11 NOTICE of Appearance by David Reier on behalf of PGC Monarch LLC (notification declined or already on case) (Reier, David) |
| Filing 10 Letter MOTION for pre motion conference by Oxford Finance LLC. (Dedaj, Jovalin) |
| Filing 9 NOTICE of Appearance by Jovalin Dedaj on behalf of Oxford Finance LLC (aty to be noticed) (Dedaj, Jovalin) |
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ORDER granting #8 Motion for Leave to Appear Pro Hac Vice -- Attorney David J. Reier, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By April 26, 2019, Mr. Reier shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Reier shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Reier shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 4/19/2019. (Gustafson, Kaelyn)
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| Filing 8 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11400606. by PGC Monarch LLC. (Attachments: #1 Affidavit Affidavit of David J. Reier in Support of Motion to Admit Counsel Pro Hac Vice) (Reier, David) |
| Filing 7 NOTICE of Appearance by Steven B. Eichel on behalf of Zigmund Brach (aty to be noticed) (Eichel, Steven) |
| Filing 6 SUMMONS Returned Executed by Zigmund Brach. PGC Monarch LLC served on 4/3/2019, answer due 4/24/2019. (Sasloff, Robert) |
| Filing 5 SUMMONS Returned Executed by Zigmund Brach. Oxford Finance LLC served on 4/1/2019, answer due 4/22/2019. (Sasloff, Robert) |
| 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) |
| Filing 2 Summons Issued as to All Defendants. (Attachments: #1 PGC summons) (Bowens, Priscilla) |
| Case assigned to Judge Kiyo A. Matsumoto and Magistrate Judge James Orenstein. 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 1 COMPLAINT against Oxford Finance LLC, PGC Monarch LLC filing fee $ 400, receipt number ANYEDC-11331235 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Zigmund Brach. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Proposed Summons (PGC MONARCH LLC), #4 Proposed Summons (OXFORD FINANCE LLC)) (Sasloff, Robert) |
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