Vergara v. Apple REIT Nine, Inc.
| Steve Vergara |
| Apple REIT Nine, Inc. now known as Apple Hospitality REIT, Inc. and Apple REIT Nine, Inc. |
| 1:2019cv02027 |
| April 8, 2019 |
| US District Court for the Eastern District of New York |
| Dora Lizette Irizarry |
| Robert M Levy |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 10, 2019. A more recent docket listing may be available from PACER.
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ORDER granting #10 Motion for Extension of Time -- The parties' belated request for an extension of the briefing schedule for defendant's motion to dismiss is granted reluctantly. As an initial matter, the Courts Individual Rules specifically provide that requests for deadline extensions are to be made by letter not motion. Secondly and most importantly, the request was made less than two business days before the deadline for Plaintiff's response. The parties are admonished that the Court will not entertain such eleventh hour requests in the future. The parties may not assume that the Court will be able to divert its attention from its many other matters to respond to their untimely requests. Plaintiff shall file his response on or before July 23, 2019 and Defendant shall file its reply on or before July 30, 2019. The parties are further directed to forward a courtesy copy of the fully briefed motion to chambers immediately thereafter. So Ordered by Chief Judge Dora Lizette Irizarry on 7/10/2019. (Carosella, Christy)
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| Filing 10 MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss for Failure to State a Claim by Steve Vergara. (Squitieri, Lee) |
| Filing 9 MOTION to Dismiss for Failure to State a Claim by Apple REIT Nine, Inc.. (Attachments: #1 Memorandum of Law, #2 Declaration of Aaron F. Jaroff, #3 Exhibit 1 - Form 8-K, #4 Exhibit 2 - Amendment No. 1 to Form S-3) (Jaroff, Aaron) |
| Filing 8 Corporate Disclosure Statement by Apple REIT Nine, Inc. (Jaroff, Aaron) |
| Filing 7 NOTICE of Appearance by Aaron Fong Jaroff on behalf of Apple REIT Nine, Inc. (aty to be noticed) (Jaroff, Aaron) |
| Filing 6 AMENDED COMPLAINT against Apple REIT Nine, Inc., filed by Steve Vergara. (Squitieri, Lee) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Steve Vergara. Apple REIT Nine, Inc. waiver sent on 4/26/2019, answer due 6/25/2019. (Squitieri, Lee) |
| 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) |
| CIVIL CASE FILING FEE: $ 400, receipt number BNYEDC-11365406 (Squitieri, Lee) |
| Filing 2 Summons Issued as to Apple REIT Nine, Inc.. (Bowens, Priscilla) |
| Case assigned to Chief Judge Dora Lizette Irizarry and Magistrate Judge Robert M. Levy. 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 CLASS ACTION against Apple REIT Nine, Inc. now known as Apple Hospitality REIT, Inc. Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Steve Vergara. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Squitieri, Lee) |
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