Penichter v. Schroeder et al
| Thomas G Penichter |
| Andrew Schroeder, Thomas Richard Schroeder, JR, Beverly Schroeder and Michael Williams |
| 1:2022cv03504 |
| June 14, 2022 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Peggy Kuo |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Fraud |
| None |
Docket Report
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ORDER: Per this Court's rule III.A.4, the purpose of pre-motion letters is to aid the Court by providing a synopsis of the arguments to be set forth in any motion or opposition. To that end, the letters must contain sufficient legal authority. The Court has reviewed Plaintiff's pre-motion conference letter, but it lacks sufficient legal authority to assess its arguments. Accordingly, Plaintiff is directed to file supplemental, three-page letter with legal authority that supports its arguments no later than August 15, 2022. Ordered by Judge LaShann DeArcy Hall on 8/12/2022. (Williams, Erica)
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| Filing 20 RESPONSE to Motion re #18 Letter MOTION for pre motion conference re: proposed motion to dismiss filed by Thomas G Penichter. (Reich, Carter) |
| REQUEST for Certificate of Default is denied at this time. As per Judge Kuo's 08/04/2022 Order, the deadline for defendant Andrew Schroeder to answer or otherwise respond to the Complaint is extended to August 26, 2022. re #13 Request for Certificate of Default (Poveda, J.) |
| Filing 19 RESPONSE to Motion re #16 MOTION for Extension of Time to File Answer filed by Thomas G Penichter. (Reich, Carter) |
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ORDER granting #16 Motion for Extension of Time to Answer. The deadline for defendant Andrew Schroeder to answer or otherwise respond to the Complaint is extended to August 26, 2022. Ordered by Magistrate Judge Peggy Kuo on 8/4/2022. (O'Neil-Berven, Ryan)
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| Filing 18 Letter MOTION for pre motion conference re: proposed motion to dismiss by Beverly Schroeder, Thomas Richard Schroeder, JR. (Korinman, Gabriel) |
| Filing 17 NOTICE of Appearance by Gabriel R Korinman on behalf of Beverly Schroeder, Thomas Richard Schroeder, JR (aty to be noticed) (Korinman, Gabriel) |
| Filing 16 Letter Request for Extension of Time to Answer by Andrew Schroeder (Bergstein, Lee) Modified on 8/2/2022 to reflect this is a motion for extension of time to answer (O'Neil-Berven, Ryan). |
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ORDER: Any response by Plaintiff to the #16 Motion for Extension of Time to Answer must be filed by August 4, 2022. Ordered by Magistrate Judge Peggy Kuo on 8/2/2022. (O'Neil-Berven, Ryan)
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| Filing 15 NOTICE of Appearance by Lee Brett Bergstein on behalf of Andrew Schroeder (aty to be noticed) (Bergstein, Lee) |
| Filing 14 SUMMONS Returned Executed by Thomas G Penichter. Beverly Schroeder served on 7/21/2022, answer due 8/11/2022; Thomas Richard Schroeder, JR served on 7/21/2022, answer due 8/11/2022; Michael Williams served on 7/21/2022, answer due 8/11/2022. (Reich, Carter) |
| Filing 13 Request for Certificate of Default by Thomas G Penichter (Attachments: #1 Affidavit in Support, #2 Proposed Certificate of Default) (Reich, Carter) |
| Filing 12 SUMMONS Returned Executed by Thomas G Penichter. Andrew Schroeder served on 6/24/2022, answer due 7/15/2022. (Reich, Carter) |
| Filing 11 This case has been designated to participate in the non-binding Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7: https://img.nyed.uscourts.gov/files/local_rules/localrules.pdf The Rule requires the Clerk of Court to designate and process for compulsory arbitration "all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs." Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7. An Arbitration Hearing will be scheduled after an Answer is filed. (Credle, Rita) |
| Filing 10 Summons Issued as to Andrew Schroeder, Beverly Schroeder, Thomas Richard Schroeder, JR, Michael Williams. (Layne, Monique) |
| Filing 9 Proposed Summons. Re #1 Complaint by Thomas G Penichter (Reich, Carter) |
| CASE REFERRED to Arbitration. (Credle, Rita) |
| Filing 8 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 7 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) |
| Filing 6 Civil Cover Sheet.. Re #1 Complaint by Thomas G Penichter (Reich, Carter) |
| Case Reassigned to Judge LaShann DeArcy Hall and Magistrate Judge Peggy Kuo. 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. (Davis, Kimberly) |
| Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the One (1) Proposed Summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| Filing 5 Proposed Summons. Re #1 Complaint by Thomas G Penichter (Reich, Carter) |
| Filing 4 Proposed Summons. Re #1 Complaint by Thomas G Penichter (Reich, Carter) |
| Filing 3 Proposed Summons. Re #1 Complaint by Thomas G Penichter (Reich, Carter) |
| Filing 2 Proposed Summons. Re #1 Complaint by Thomas G Penichter (Reich, Carter) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15660687 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Thomas G Penichter. (Reich, Carter) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a completed 2 Page Form Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
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