Nissan Motor Acceptance Corporation v. Nemet Motors, LLC et al
Plaintiff: Nissan Motor Acceptance Corporation
Defendant: Carol Joy Family Properities, LLC, Scott Perlstein, Nemet Motors, LLC, C. Joy Family Properties, LLC and Nemet Motors, LLC doing business as Nemet Auto Group of Jamaica doing business as Nemet Auto Group doing business as Nemet Nissan
Case Number: 1:2019cv03284
Filed: June 3, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Nicholas G Garaufis
Referring Judge: Cheryl L Pollak
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 30, 2019 Opinion or Order Filing 16 STIPULATION AND ORDER granting #14 Motion for Hearing. The motion hearing currently scheduled for July 29, 2019, at 10:00 A.M. shall be scheduled for August 16, 2019, at the same time and location, or at a date and time as soonthereafter that is practicable for the Court. So Ordered by Judge Nicholas G. Garaufis on 7/25/2019. (Lee, Tiffeny)
July 29, 2019 Filing 15 Letter MOTION for pre motion conference re #1 Complaint, by C. Joy Family Properties, LLC, Carol Joy Family Properities, LLC, Nemet Motors, LLC, Scott Perlstein. (Ruderman, Jeffrey)
July 29, 2019 Opinion or Order ORDER re: Defendants' #15 Application for Pre-Motion Conference: The Application is GRANTED. The parties shall confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. Defendants' time to answer or otherwise reply to the complaint is extended until 14 days after the entry of the order deciding Defendants' anticipated motion. Ordered by Judge Nicholas G. Garaufis on 7/29/2019. (Haddad, Andrew)
July 29, 2019 Opinion or Order ORDER: The parties are DIRECTED to contact the court's Deputy at 718-613-2545 to reschedule the upcoming oral argument. (See Req. for Adjournment of Oral Arg. (Dkt. 14).) Ordered by Judge Nicholas G. Garaufis on 7/29/2019. (Haddad, Andrew)
July 25, 2019 Filing 14 MOTION for Hearing re #2 Unsigned Order to Show Cause to Adjourn Hearing Date by Nissan Motor Acceptance Corporation. (Attachments: #1 Proposed Order) (Rato, Michael)
July 24, 2019 Filing 13 REPLY in Support re #2 Unsigned Order to Show Cause in further support of Plaintiff's request for a preliminary injunction filed by Nissan Motor Acceptance Corporation. (Attachments: #1 Proposed Order) (Rato, Michael)
July 22, 2019 Filing 12 NOTICE by C. Joy Family Properties, LLC, Carol Joy Family Properities, LLC, Nemet Motors, LLC, Scott Perlstein re #5 Affidavit, #3 Memorandum in Support, #4 Declaration, #2 Unsigned Order to Show Cause Declaration and Memorandum in Opposition to Application for Replevin and TRO (Attachments: #1 Memorandum in Opposition) (Ruderman, Jeffrey)
July 3, 2019 Opinion or Order Filing 11 ORDER granting #10 Motion for Extension of Time to File Response/Reply. Defendants' response to NMAC's motion that was previously due on July 1, 2019, shall be due on or before July 22, 2019. Plaintiff's reply to Defendants' response that was previously due on July 3, 2019, shall be due on or before July 24, 2019. The motion hearing that was previously scheduled for July 11, 2019, at 10:00 A.M. shall be scheduled for July 29, 2019, at the same time and location, or at a date and time as soon thereafter that is practicable for the Court. So Ordered by Judge Nicholas G. Garaufis on 7/1/2019. (Lee, Tiffeny)
July 1, 2019 Filing 10 Second MOTION for Extension of Time to File Response/Reply as to Show Cause Hearing,,, and Adjourn Return Date by Nissan Motor Acceptance Corporation. (Attachments: #1 Proposed Order) (Rato, Michael)
June 27, 2019 Filing 9 NOTICE of Appearance by Jeffrey C. Ruderman on behalf of C. Joy Family Properties, LLC, Carol Joy Family Properities, LLC, Nemet Motors, LLC, Scott Perlstein (aty to be noticed) (Ruderman, Jeffrey)
June 20, 2019 Opinion or Order ORDER: The hearing on Plaintiff's motion for a preliminary injunction is rescheduled for July 11, 2019, at 10:00 a.m. in Courtroom 4D South before the undersigned. Ordered by Judge Nicholas G. Garaufis on 6/20/2019. (Haddad, Andrew)
June 17, 2019 Filing 8 MOTION for Extension of Time to File Response/Reply as to Show Cause Hearing,,, and Adjourn Return Date by Nissan Motor Acceptance Corporation. (Attachments: #1 Proposed Order) (Rato, Michael)
June 17, 2019 Opinion or Order ORDER: The Court grants the #8 Motion for Extension of Time to File and sets the following schedule: (1) Defendants shall file their response to Plaintiff's motion for a preliminary injunction by July 1, 2019; (2) Plaintiff may file a reply, if any, by July 3, 2019; and (3) the Court shall hold a hearing on Plaintiff's motion on July 8, 2019 at 10 a.m. in Courtroom 4D South. All future requests relating to the preliminary injunction hearing or the instant action should be made to Judge Garaufis. Ordered by Judge Pamela K. Chen on 6/17/2019. (Brodziak, Maya)
June 3, 2019 Filing 7 NOTICE of Appearance by Michael Rato on behalf of Nissan Motor Acceptance Corporation (aty to be noticed) (Rato, Michael)
June 3, 2019 Filing 6 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. (Davis, Kimberly)
June 3, 2019 Filing 5 AFFIDAVIT OF Jason Langner re #2 Unsigned Order to Show Cause by Nissan Motor Acceptance Corporation (Attachments: #1 Exhibit A-O, #2 Exhibit P-X) (Davis, Kimberly)
June 3, 2019 Filing 4 ATTORNEY DECLARATION (Michael Roto) by Nissan Motor Acceptance Corporation (Davis, Kimberly)
June 3, 2019 Filing 3 MEMORANDUM in Support re #2 Unsigned Order to Show Cause filed by Nissan Motor Acceptance Corporation. (Davis, Kimberly)
June 3, 2019 Filing 2 Unsigned Order to Show Cause by Nissan Motor Acceptance Corporation (Davis, Kimberly)
June 3, 2019 Filing 1 COMPLAINT against C. Joy Family Properties, LLC, Carol Joy Family Properities, LLC, Nemet Motors, LLC, Scott Perlstein, filed by Nissan Motor Acceptance Corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-O, #3 Exhibit P-X) (Davis, Kimberly)
June 3, 2019 FILING FEE: $ 400, receipt number 4653140413 (Davis, Kimberly)
June 3, 2019 Minute Entry for proceedings held before Judge Pamela K. Chen: Hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction held on June 3, 2019. Appearances by Michael Rato for Plaintiff; Russell Shanks for Defendants. For the reasons stated on the record, the Court denies Plaintiff's motion for a temporary restraining order. The Court reserves decision on Plaintiff's motion for a preliminary injunction pending further briefing and a hearing and sets the following schedule: (1) Defendants shall file their response to Plaintiff's motion for a preliminary injunction by June 17, 2019; (2) Plaintiff may file a reply, if any, by June 19, 2019; and (3) the Court shall hold a hearing on Plaintiff's motion on June 24, 2019 at 10 a.m. in Courtroom 4F North. (Court reporter Anthony Frisolone.) (Brodziak, Maya)

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Defendant: Carol Joy Family Properities, LLC
Represented By: Jeffrey C. Ruderman
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Defendant: Scott Perlstein
Represented By: Jeffrey C. Ruderman
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Defendant: Nemet Motors, LLC
Represented By: Jeffrey C. Ruderman
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Defendant: C. Joy Family Properties, LLC
Represented By: Jeffrey C. Ruderman
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Defendant: Nemet Motors, LLC doing business as Nemet Auto Group of Jamaica doing business as Nemet Auto Group doing business as Nemet Nissan
Represented By: Jeffrey C. Ruderman
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Plaintiff: Nissan Motor Acceptance Corporation
Represented By: Michael Rato
Represented By: Salvatore A. Giampiccolo
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