IOU Central, Inc. v. Leonardos Auto Body S.I.N.Y., Inc. et al
| IOU Central, Inc. doing business as IOU Financial Inc. |
| Leonardos Auto Body Of Staten Island, Inc., Arthur A Santopietro, Jr, Karen A Santopietro, Arthur R Santopietro, Sr and Leonardos Auto Body Siny Inc |
| 1:2021cv02227 |
| April 22, 2021 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Robert M Levy |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on June 21, 2021. A more recent docket listing may be available from PACER.
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STATUS REPORT ORDER: Status Report due by 7/21/2021. Ordered by Magistrate Judge Robert M. Levy on 6/21/2021. (Marino, Janine)
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| Filing 36 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 35 Case transferred in from District of Georgia Northern; Case Number 1:20-cv-02047. Original file certified copy of transfer order and docket sheet received. |
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Filing 34
ORDER GRANTING #33 Motion to Transfer Case. The Clerk is DIRECTED to TRANSFER this action to the United States District Court for the Eastern District of New York. Signed by Judge Mark H. Cohen on 4/22/21. (jpa) [Transferred from Georgia Northern on 4/22/2021.]
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| Case transferred electronically to the USDC, Eastern District of New York. (jpa) [Transferred from Georgia Northern on 4/22/2021.] |
| Civil Case Terminated. (jpa) [Transferred from Georgia Northern on 4/22/2021.] |
| The case of IOU Central, Inc. v. Leonardos Auto Body S.I.N.Y., Inc. et al, has been transferred from Northern District of Georgia to the Eastern District of New York. The new case number is 21cv2227. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
| Filing 33 Ex Parte MOTION to Transfer Case to Eastern District of New YorkUnopposed as Defendants are in default] with Brief In Support by IOU Central, Inc.. (Attachments: #1 Text of Proposed Order 1: Text of Proposed Order)(Wersant, Paul) [Transferred from Georgia Northern on 4/22/2021.] |
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Filing 32
ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (mmc) (ADI) [Transferred from Georgia Northern on 4/22/2021.]
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Filing 31
TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (ddm) (ADI) [Transferred from Georgia Northern on 4/22/2021.]
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Filing 30
ORDER: It is ORDERED that IOU's #26 Amended Motion for Leave to File Amended Complaint, Joinder of Defendant Glass Doctor and Related Relief is DENIED AS MOOT. IOU may file its amended complaint as a matter of right in accordance with Rule 15(a) should it choose to do so. Signed by Judge Mark H. Cohen on 12/17/2020. (rjs) [Transferred from Georgia Northern on 4/22/2021.]
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Filing 29
NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (ddm) (ADI) [Transferred from Georgia Northern on 4/22/2021.]
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| Submission of #26 Unopposed MOTION to Amend #1 Complaint, Unopposed MOTION to Add Party , Unopposed MOTION for Service , to District Judge Mark H. Cohen. (jpa) [Transferred from Georgia Northern on 4/22/2021.] |
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Filing 28
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (adg) (ADI) [Transferred from Georgia Northern on 4/22/2021.]
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| Filing 27 Withdrawal of Motion #15 filed by IOU Central, Inc. filed by IOU Central, Inc.. (Wersant, Paul) [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 26 Unopposed MOTION to Amend #1 Complaint, , Unopposed MOTION to Add Party , Unopposed MOTION for Service with Brief In Support by IOU Central, Inc.. (Attachments: #1 Exhibit 1: Proposed Amended Complaint, #2 Exhibit 2: NY Records, #3 Text of Proposed Order 3: Text of Proposed Order)(Wersant, Paul) [Transferred from Georgia Northern on 4/22/2021.] |
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Filing 25
SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (aaq) (ADI) [Transferred from Georgia Northern on 4/22/2021.]
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Filing 24
SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (jpa) (ADI) [Transferred from Georgia Northern on 4/22/2021.]
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Filing 23
FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (mmc) (ADI) [Transferred from Georgia Northern on 4/22/2021.]
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Filing 22
FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (ddm) (ADI) [Transferred from Georgia Northern on 4/22/2021.]
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Filing 21
THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (adg) (ADI) [Transferred from Georgia Northern on 4/22/2021.]
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Filing 20
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Mark H. Cohen on 5/15/2020. (jta) [Transferred from Georgia Northern on 4/22/2021.]
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| Filing 19 Case transferred in from District of Georgia Middle; Case Number 4:19-cv-00207. Original file certified copy of transfer order and docket sheet received. [Transferred from Georgia Northern on 4/22/2021.] |
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Filing 18
ORDER granting #17 Motion to Transfer Case. Ordered by US DISTRICT JUDGE CLAY D. LAND on 5/13/2020 (tlf). [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.]
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| Case electronically transferred out to the Northern District of Georgia. All documents, including a certified copy of the docket sheet and pleading were transferred electronically. **The Notice of Electronic Filing serves as certification for these transferred documents.**(Case Transfer Acknowledgment deadline 5/27/2020.) (tlf). [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 17 MOTION to Transfer Case by IOU CENTRAL INC filed by PAUL GERARD WERSANT. (Attachments: #1 Proposed Order 1: Text of Proposed Order)(WERSANT, PAUL) [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 16 This is a text only entry; no document issued. ORDER deferring ruling on #15 Motion to Amend Complaint. Counsel has filed a motion to add a party in this action. Upon review of the motion, the Court cannot find any connection between any of the parties and this district. While counsel makes general allegations to support venue, he alleges no facts that any defendant or any conduct occurred in the Middle District of Georgia. In fact, the allegations suggest otherwise. The Court has discovered similar deficiencies in other cases by this Plaintiff and his counsel. In at least one other case, the Court even noted that the choice of venue provision in the form contract provided for venue in the Northern District. Within 7 days of today's order, counsel shall provide the factual allegations that support venue in the Middle District of Georgia. Ordered by US DISTRICT JUDGE CLAY D LAND on May 4, 2020 (CDL) [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 15 UNOPPOSED MOTION to Amend/Correct #1 Complaint, Notice of Deficiency, by IOU CENTRAL INC filed by PAUL GERARD WERSANT. (Attachments: #1 Exhibit 1: Proposed Amended Complaint, #2 Exhibit 2: Secretary of State)(WERSANT, PAUL) [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Notice of Deficiency; No need to re-file; Related document: #15 Motion to Amend/Correct filed by IOU CENTRAL, INC.; Characterizing this motion as "unopposed" is misleading. No one has been joined to "oppose" said motion. Please do not classify motions in the future as "unopposed" wherein no one has been consulted to express opposition or not (tlf). [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Notice of Deficiency; On 1/13/2020, plaintiff was granted Clerk's Entry of Default with instructions to file a motion for default judgment within 21 days. To date, no such motion has been filed. Plaintiff should file said motion, or in the alternative, notice of dismissal and/or settlement instanter (tlf). [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| CLERK'S ENTRY OF DEFAULT as to LEONARDOS AUTO BODY OF STATEN ISLAND, INC., LEONARDOS AUTO BODY SINY, INC., ARTHUR R. SANTOPIETRO SR., ARTHUR A. SANTOPIETRO JR., and KAREN A. SANTOPIETRO. Plaintiff shall file a motion for default judgment within 21 days. The motion for default judgment shall state whether a hearing is necessary to determine damages, and if a hearing is not necessary, the motion shall include all evidence supporting the damages sought in the motion and a proposed order granting the motion. Failure to comply with this notice may result in this action being dismissed for failure to prosecute (tlf). [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 14 Application to Clerk for Entry of Default against All Defendants (WERSANT, PAUL) [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 13 SUMMONS Returned Executed by IOU CENTRAL INC as to KAREN A SANTOPIETRO. (WERSANT, PAUL) [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 12 SUMMONS Returned Executed by IOU CENTRAL INC as to ARTHUR A SANTOPIETRO, JR. (WERSANT, PAUL) [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 11 SUMMONS Returned Executed by IOU CENTRAL INC as to ARTHUR R SANTOPIETRO, SR. (WERSANT, PAUL) [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 10 SUMMONS Returned Executed by IOU CENTRAL INC as to LEONARDOS AUTO BODY OF STATEN ISLAND, INC.. (WERSANT, PAUL) [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 9 SUMMONS Returned Executed by IOU CENTRAL INC as to LEONARDOS AUTO BODY SINY INC. (WERSANT, PAUL) [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 8 Jurisdictional Statement by IOU CENTRAL INC (WERSANT, PAUL) [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 7 Corporate Disclosure Statement by IOU CENTRAL INC identifying Corporate Parent IOU CENTRAL INC - Canada for IOU CENTRAL INC. (WERSANT, PAUL) [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 6 Summons issued as to ARTHUR A SANTOPIETRO JR. (tlf). [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 5 Summons issued as to ARTHUR R. SANTOPIETRO SR. (tlf). [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 4 Summons issued as to KAREN A SANTOPIETRO (tlf). [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 3 Summons issued as to LEONARDOS AUTO BODY OF STATEN ISLAND INC. (tlf). [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 2 Summons issued as to LEONARDOS AUTO BODY SINY, INC. (tlf). [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
| Filing 1 COMPLAINT against All Defendants Fee paid: Receipt # AGAMDC-3340013, $400 filed by IOU CENTRAL INC D/B/A IOU FINANCIAL INC (Attachments: #1 Summons LABS, #2 Summons LABSI, #3 Summons ARS, #4 Summons AAS, #5 Summons KAS, #6 Civil Cover Sheet)(WERSANT, PAUL) [Transferred from Georgia Middle on 5/13/2020.] [Transferred from Georgia Northern on 4/22/2021.] |
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