Hyundai Capital America v. Nemet Motors LLC et al
| Hyundai Capital America |
| Nemet Motors LLC and Scott A. Perlstein, Sr. |
| 1:2019cv05506 |
| October 10, 2019 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| Ramon E Reyes |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on December 5, 2019. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Judge Carol Bagley Amon. Appearances: for Plaintiff - Kathleen Cavanaugh, Esq.; for Defendants - Russel Shanks and Jeffrey Ruderman. A telephone conference was held on December 5, 2019 regarding Plaintiff's proposed writ of replevin. Plaintiff's counsel stated that she will confer with Defense counsel and will submit a revised proposed order for a writ of replevin and a proposed writ of replevin, which will include an agreed-upon extension of the TRO as well as correct errors as discussed on the record. (Court Reporter Holly Driscoll) (Cohn, Caroline) |
| Filing 21 MOTION to Appear by Telephone for 12/5/19 conference by Hyundai Capital America. (Cavanaugh, Kathleen) |
ORDER granting #21 Motion to Appear by Telephone. The parties' joint motion to convert the in-person conference scheduled for tomorrow at 11:00 a.m. to a telephonic conference is granted. Plaintiff's counsel is directed to call chambers at (718) 613-2410 with both parties on the line. Ordered by Judge Carol Bagley Amon on 12/4/2019. (Cohn, Caroline)
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| Filing 20 Proposed Pretrial Order Proposed form of Order for writ of replevin by Hyundai Capital America (Cavanaugh, Kathleen) |
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SCHEDULING ORDER: The parties are directed to appear before Judge Carol Bagley Amon on Thursday, December 5, 2019, at 11:00 a.m., in Courtroom 10D South, for a status conference regarding the writ of replevin. Ordered by Judge Carol Bagley Amon on 12/3/2019. (Cohn, Caroline)
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Filing 19
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the reasons stated above, the Court accepts Judge Reyes's recommendation to grant HCA's motion for an order of seizure. The TRO issued by Judge Matsumotoand which Judge Reyes extended on October 23, 2019 for 45 days, with the consent of the parties-will expire on December 9, 2019. HCA is directed to provide the Court with a proposed Order of Seizure reflecting the Collateral in Exhibit G to their Complaint that it seeks to recover. Ordered by Judge Carol Bagley Amon on 11/27/2019. (Fernandez, Erica)
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| Filing 18 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 10, 2019, before Judge Carol Bagley Amon. Court Reporter/Transcriber David R. Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/11/2019. Redacted Transcript Deadline set for 12/23/2019. Release of Transcript Restriction set for 2/18/2020. (Roy, David) |
| Filing 17 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/23/19, before Judge Ramon E. Reyes. Court Reporter/Transcriber Michele D Lucchese, Telephone number 7186132272. Email address: MLuccheseEDNY@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/9/2019. Redacted Transcript Deadline set for 12/19/2019. Release of Transcript Restriction set for 2/17/2020. (Lucchese, Michele) |
| Filing 16 REPLY in Support re #14 REPORT AND RECOMMENDATIONS re #1 Complaint filed by Hyundai Capital America, #15 Objection to Report and Recommendations filed by Hyundai Capital America. (Garza, Len) |
| Filing 15 OBJECTION to #14 Report and Recommendations Defendants' Objection to Magistrate Judge's Report & Recommendation filed by All Defendants. (Ruderman, Jeffrey) |
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Filing 14
REPORT AND RECOMMENDATIONS: For the reasons set forth in the attached Report and Recommendation, I respectfully recommend that Plaintiff's request for an order of seizure for the vehicles serving as collateral be GRANTED. Plaintiff's counsel is hereby directed to serve copies of this Report and Recommendation upon Defendants by regular and certified mail and to file proof of service on CM/ECF. Any objections to the recommendations made in this Report must be filed within fourteen (14) days of receipt hereof. Failure to file timely objections waives the right to appeal the District Court's Order. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72; Small v. Secy of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989). Objections to R&R due by 11/12/2019.Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 10/29/2019. (Several, Emily)
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| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Evidentiary/Show Cause Hearing held on 10/23/2019. Case called. Appearances stated on the record. The Court will issue a report and recommendation re #3 . The Parties consented on the record to extend the TRO issued on October 10, 2019, until December 9, 2019.(Contact Court Reporter Michele Lucchese at 718-613-2272 to order the transcript). (Several, Emily) |
| Filing 13 REPLY in Support filed by Hyundai Capital America. (Attachments: #1 Declaration of Logeman, #2 Declaration of Smith, #3 Declaration of service) (Cavanaugh, Kathleen) |
| Filing 12 MEMORANDUM in Opposition to Plaintiff's Order to Show Cause filed by All Defendants. (Attachments: #1 Declaration of Scott Perlstein in Opposition to Plaintiff's Order to Show Cause, #2 Exhibit A - Letter to Court dated August 26, 2019) (Shanks, Russell) |
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ORDER: Evidentiary Hearing set for 10/23/2019 at 03:00 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 10/16/2019. (Several, Emily)
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| MOTIONS REFERRED: Evidentiary Hearing re #3 MOTION for Order to Show Cause referred to Magistrate Judge Ramon E. Reyes, Jr. (Lee, Tiffeny) |
| Filing 11 DECLARATION re #5 Declaration, #1 Complaint, #3 Memorandum in Support, #6 Declaration, #2 Unsigned Order to Show Cause, #4 Declaration of Service by Hyundai Capital America (Cavanaugh, Kathleen) |
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ORDER: The show-cause hearing scheduled for October 23, 2019, at 3:00pm is referred to the Honorable Ramon E. Reyes, Jr., United States Magistrate Judge. The hearing will be held in Courtroom 2E North. Ordered by Judge Carol Bagley Amon on 10/15/2019. (Cohn, Caroline)
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| Filing 10 NOTICE of Appearance by Russell J. Shanks on behalf of All Defendants (aty to be noticed) (Shanks, Russell) |
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Filing 9
ORDER TO SHOW CAUSE: Defendants shall not other than in the ordinary course, sell, transfer, move, hypothecate or assign any interest in the Collateral pending further Order of this Court; Granting such other and further relief as the Court deemed equitable and just. The Defendants shall file a response to the Order to Show Cause by no later than 5:00 PM on October 16, 2019; Show Cause Hearing set for 10/23/2019 03:00 PM in Courtroom 10D South before Judge Carol Bagley Amon. Ordered by Judge Kiyo A. Matsumoto on 10/10/2019. (see order for details) (Fernandez, Erica)
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| Minute Entry for show-cause hearing on Plaintiff's request for a temporary restraining order (TRO), held before Judge Kiyo A. Matsumoto, miscellaneous duty judge, on October 10, 2019. Appearances: for Plaintiff - Kathleen Cavanaugh, Esq.; for Defendants (via telephone) - Jeffrey Ruderman, Esq., and Russell Shanks, Esq. For the reasons set forth on the record, Plaintiff's request for a TRO was granted, as herein modified #9 . (Court Reporter: David Roy) (Cohn, Caroline) |
| Filing 8 NOTICE of Appearance by Jeffrey C. Ruderman on behalf of Nemet Motors LLC, Scott A. Perlstein, Sr (aty to be noticed) (Ruderman, Jeffrey) |
| Filing 7 Summons Issued as to Nemet Motors LLC, Scott A. Perlstein, Sr. (Davis, Kimberly) |
| Filing 6 DECLARATION of Pasquale Degliuomini by Hyundai Capital America (Davis, Kimberly) |
| Filing 5 DECLARATION Of Kristin Schmitt by Hyundai Capital America (Davis, Kimberly) |
| Filing 4 DECLARATION of Joseph Segreti by Hyundai Capital America (Davis, Kimberly) |
| Filing 3 MEMORANDUM in Support re #2 Unsigned Order to Show Cause filed by Hyundai Capital America. (Davis, Kimberly) Modified on 10/23/2019 (Davis, Kimberly). Modified to Motion for Order to Show Cause on 12/6/2019 (Lee, Tiffeny). |
| Filing 2 Unsigned Order to Show Cause by Hyundai Capital America (Davis, Kimberly) |
| Filing 1 COMPLAINT against Nemet Motors LLC, Scott A. Perlstein, Sr, filed by Hyundai Capital America. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
| FILING FEE: $ 400, receipt number 4653144439 (Davis, Kimberly) |
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