US Med Capital, LLC v. Valley National Bank
| US Med Capital, LLC |
| Valley National Bank |
| John Salmon |
| 1:2023cv04139 |
| June 2, 2023 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Vera M Scanlon |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 14, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 42 Letter agreeing with Valley National Bank's reqeust for a conference and opposing transfer of the case to Bankruptcy Court by US Med Capital, LLC (Strassberg, Robert) |
| Filing 41 Letter MOTION to Refer/Remand to Bankruptcy Court for the Eastern District of New York pursuant to the Courts Standing Referral Order by Valley National Bank. (Attachments: #1 Valley's motion to dismiss or transfer made in the Florida action) (Leinbach, Bryan) |
| Filing 40 NOTICE of Appearance by Robert Lawrence Strassberg on behalf of US Med Capital, LLC (aty to be noticed) (Strassberg, Robert) |
ORDER granting #39 Motion to Substitute Attorney. Attorney Ashley Paige Singrossi and Michael Edward Strauch terminated as counsel of record for Defendant. Bryan Dean Leinbach added as counsel of record for Defendant. Ordered by Magistrate Judge Vera M. Scanlon on 6/16/2023. (MG)
|
| Filing 39 MOTION to Substitute Attorney /Stipulation to substitute Zeichner Ellman & Krause LLP by Bryan D. Leinbach, Esq. as attorneys for Valley national Bank by Valley National Bank. (Leinbach, Bryan) |
| Filing 38 NOTICE of Appearance by Bryan Dean Leinbach on behalf of Valley National Bank (aty to be noticed) (Leinbach, Bryan) |
| Filing 37 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. (SR) |
| Filing 36 Case transferred in from District of Florida Southern; Case Number 1:23-cv-21019. Original file certified copy of transfer order and docket sheet received. |
| The case of US Med Capital, LLC v. Valley National Bank, has been transferred from Southern District of Florida to the Eastern District of New York. The new case number is 23-cv-4139. 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. (SR) |
|
Filing 35
Order Transferring Venue. Closing Case. Signed by Judge Rodolfo A. Ruiz, II on 6/2/2023. See attached document for full details. (zse) [Transferred from Florida Southern on 6/5/2023.]
|
| Filing 34 First MOTION for Extension of Time 21-day extension of time to respond to the remaining arguments contained in the Defendants Motion Dismiss Complaint and Transfer Venue and Incorporated Memorandum of Law by US Med Capital, LLC. Responses due by 6/16/2023 (Ullman, Michael) [Transferred from Florida Southern on 6/5/2023.] |
|
Filing 33
ORDER SCHEDULING MEDIATION. Mediation Hearing set for 10/11/2023 at 10:00 AM before John Salmon. Signed by Judge Rodolfo A. Ruiz, II on 5/26/2023. See attached document for full details. (mee) [Transferred from Florida Southern on 6/5/2023.]
|
| Filing 32 NOTICE by Valley National Bank re #22 Scheduling Order,,,,, Order Referring Case to Magistrate Judge,,,,, Order Referring Case to Mediation,,,, PROPOSED MEDIATION ORDER (Strauch, Michael) [Transferred from Florida Southern on 6/5/2023.] |
|
Filing 31
PAPERLESS ORDER granting #30 Motion for Extension of Time. Plaintiff shall file a response to Defendant's #26 Motion to Dismiss and Transfer Venue on or before June 2, 2023. Signed by Judge Rodolfo A. Ruiz, II on 5/17/2023. (zse) [Transferred from Florida Southern on 6/5/2023.]
|
| Filing 30 First MOTION for Extension of Time to File Response/Reply/Answer as to #26 Defendant's MOTION to Dismiss with Prejudice #1 Complaint and Transfer Venue and Incorporated Memorandum of Law by US Med Capital, LLC. (Ullman, Michael) [Transferred from Florida Southern on 6/5/2023.] |
| Filing 29 Plaintiff's Certificate of Other Affiliates by US Med Capital, LLC identifying Other Affiliate US Med Funding, LLC, Other Affiliate David Glick for US Med Capital, LLC (Ullman, Michael) [Transferred from Florida Southern on 6/5/2023.] |
| Filing 28 RESPONSE TO ORDER TO SHOW CAUSE by US Med Capital, LLC. (Ullman, Michael) [Transferred from Florida Southern on 6/5/2023.] |
|
Filing 27
ORDER TO SHOW CAUSE. Show Cause Response due by 5/12/2023. Signed by Judge Rodolfo A. Ruiz, II on 5/8/2023. See attached document for full details. (zse) [Transferred from Florida Southern on 6/5/2023.]
|
| Filing 26 Defendant's MOTION to Dismiss with Prejudice #1 Complaint and Transfer Venue and Incorporated Memorandum of Law by Valley National Bank. Responses due by 5/19/2023 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Strauch, Michael) [Transferred from Florida Southern on 6/5/2023.] |
|
Filing 25
PAPERLESS ORDER striking #23 Motion to Dismiss and Transfer Venue ("Motion"). The Court's Policies and Procedures provide that "every motion, response, and reply shall be double-spaced in Times New Roman 12-point typeface." Policies and Procedures, https://www.flsd.uscourts.gov/sites/flsd/files/JudgeRodolfoRuiz-PoliciesandProcedures.pdf. Defendant's #23 Motion does not appear to be double-spaced. Therefore, the #23 Motion is STRICKEN without prejudice to Defendant's ability to refile a compliant motion. If Defendant requires more than twenty (20) double-spaced pages it may move for a reasonable extension of the page limit. See S.D. Fla. L.R. 7.1(c)(2) (limiting all motions to twenty pages absent leave of court). Signed by Judge Rodolfo A. Ruiz, II on 5/5/2023. (zse) [Transferred from Florida Southern on 6/5/2023.]
|
| Filing 24 NOTICE by Valley National Bank Declaration of Robert Earle (Attachments: #1 Exhibit 1) (Strauch, Michael) [Transferred from Florida Southern on 6/5/2023.] |
| Filing 23 (STRICKEN PER DE#25) Defendant's MOTION to Dismiss with Prejudice #1 Complaint and Transfer Venue and Incorporated Memorandum of Law by Valley National Bank. Responses due by 5/19/2023 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Strauch, Michael)Text Modified on 5/8/2023 (cqs). [Transferred from Florida Southern on 6/5/2023.] |
|
Filing 22
ORDER SETTING BENCH TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Bench Trial set for 5/6/2024 before Judge Rodolfo A. Ruiz II., Calendar Call set for 4/30/2024 11:00 AM before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 6/15/2023., Discovery due by 1/9/2024., Expert Discovery due by 1/9/2024., Fact Discovery due by 1/9/2024., Joinder of Parties due by 6/15/2023., Mediation Deadline 7/16/2024., Dispositive Motions due by 1/23/2024., Motions due by 1/23/2024.), ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for Discovery Matters., ORDER REFERRING CASE to Mediation. ( Mediation Deadline 7/16/2024.) Signed by Judge Rodolfo A. Ruiz, II on 5/4/2023. See attached document for full details. (cqs) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.Jury to Bench trail Modified on 5/5/2023 (cqs). [Transferred from Florida Southern on 6/5/2023.]
|
| Hearing(s) terminated: Jury Trial Corrected to Bench Trial. (cqs) [Transferred from Florida Southern on 6/5/2023.] |
| Reset Hearings: Bench Trial set for 5/6/2024 in Miami Division before Judge Rodolfo A. Ruiz II. (cqs) [Transferred from Florida Southern on 6/5/2023.] |
| Filing 21 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Valley National Bank identifying Other Affiliate BlackRock, Inc., Other Affiliate Valley National Bancorp, Other Affiliate Bank Leumi Le-Israel B.M., Other Affiliate Aliant Statutory Trust II, Other Affiliate DV Community Investment, LLC, Other Affiliate Dudley Ventures, LLC, Other Affiliate DV Financial Services, LLC, Other Affiliate GCB Capital Trust III, Other Affiliate Hallmark Capital Management, Inc., Other Affiliate Highland Capital Corp., Other Affiliate Metro Title and Settlement Agency, Inc., Other Affiliate Oritani Asset Corp., Other Affiliate Oritani Investment Corp., Other Affiliate RISC One, Inc., Other Affiliate Shrewsbury Capital Corporation, Other Affiliate Smile Homecare Agency, Inc., Other Affiliate State Bancorp Capital Trust I, Other Affiliate State Bancorp Capital Trust II, Other Affiliate Valley Commercial Capital, LLC, Other Affiliate Valley Insurance Services, Inc., Other Affiliate Valley Insurance Services of Florida, LLC, Other Affiliate Valley Investments, Inc., Other Affiliate Valley Securities Holdings, LLC, Other Affiliate VNB Capital Corp., Other Affiliate VNV Realty Inc. for Valley National Bank (Singrossi, Ashley) [Transferred from Florida Southern on 6/5/2023.] |
| Filing 20 Joint SCHEDULING REPORT - Rule 26(f) by US Med Capital, LLC (Ullman, Michael) [Transferred from Florida Southern on 6/5/2023.] |
|
Filing 19
PAPERLESS ORDER granting #18 Joint Motion for Extension of Time. The parties shall file a Joint Scheduling Report and proposed Scheduling Order on or before May 3, 2023. Signed by Judge Rodolfo A. Ruiz, II on 5/1/2023. (zse) [Transferred from Florida Southern on 6/5/2023.]
|
| Filing 18 MOTION for Extension of Time to File Joint Scheduling Report re #13 Order Requiring Joint Scheduling Report by US Med Capital, LLC. Responses due by 5/15/2023 (Attachments: #1 Text of Proposed Order)(Ullman, Michael) [Transferred from Florida Southern on 6/5/2023.] |
| Reset Deadliness Valley National Bank answer due 5/5/2023 Per DE#17. (cqs) [Transferred from Florida Southern on 6/5/2023.] |
|
Filing 17
PAPERLESS ORDER granting #16 Unopposed Motion for Extension of Time. Defendant shall file a response to Plaintiff's Complaint on or before May 5, 2023. Signed by Judge Rodolfo A. Ruiz, II on 4/26/2023. (zse) [Transferred from Florida Southern on 6/5/2023.]
|
| Filing 16 Unopposed MOTION for Extension of Time to Respond to Complaint re #8 Summons Issued by Valley National Bank. Responses due by 5/10/2023 (Attachments: #1 Exhibit 1)(Strauch, Michael) [Transferred from Florida Southern on 6/5/2023.] |
|
Filing 15
PAPERLESS ORDER granting #14 Unopposed Motion for Extension of Time. Defendant shall file a response to Plaintiff's Complaint on or before April 28, 2023. Signed by Judge Rodolfo A. Ruiz, II on 4/11/2023. (zse) [Transferred from Florida Southern on 6/5/2023.]
|
| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Valley National Bank. (Attachments: #1 Exhibit Composite Exhibit 1, #2 Exhibit 2 Proposed Order)(Strauch, Michael) [Transferred from Florida Southern on 6/5/2023.] |
|
Filing 13
Order Requiring Joint Scheduling Report and Certificates of Interested Parties. Joint Scheduling Report due by 5/1/2023. Signed by Judge Rodolfo A. Ruiz, II on 4/10/2023. See attached document for full details. (ls) [Transferred from Florida Southern on 6/5/2023.]
|
| Filing 12 NOTICE of Attorney Appearance by Michael Edward Strauch on behalf of Valley National Bank. Attorney Michael Edward Strauch added to party Valley National Bank(pty:dft). (Strauch, Michael) [Transferred from Florida Southern on 6/5/2023.] |
| Filing 11 Clerk's Notice to Filer re #9 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#10]. It is not necessary to refile this document. (cqs) [Transferred from Florida Southern on 6/5/2023.] |
| Filing 10 SUMMONS (Affidavit) Returned Executed(for image see DE#9) on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by US Med Capital, LLC. Valley National Bank served on 3/24/2023, response/answer due 4/14/2023. (cqs) [Transferred from Florida Southern on 6/5/2023.] |
| Filing 9 NOTICE by US Med Capital, LLC re #8 Summons Issued Proof of Service for Valley National Bank (Ullman, Michael) [Transferred from Florida Southern on 6/5/2023.] |
| Filing 8 Summons Issued as to Valley National Bank. (cqs) [Transferred from Florida Southern on 6/5/2023.] |
| Filing 7 NOTICE of Filing Proposed Summons(es) by US Med Capital, LLC (Ullman, Michael) [Transferred from Florida Southern on 6/5/2023.] |
| Filing 6 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by US Med Capital, LLC (Ullman, Michael) [Transferred from Florida Southern on 6/5/2023.] |
| Filing 5 NOTICE of Striking #3 Notice (Other) filed by US Med Capital, LLC by US Med Capital, LLC (Ullman, Michael) [Transferred from Florida Southern on 6/5/2023.] |
| Filing 4 Clerk's Notice to Filer re #3 Notice (Other). Wrong Event Selected - Document is a Certificate of Other Affiliates/Corporate Disclosure Statement; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document using the Certificate of Other Affiliates/Corporate Disclosure Statement event and ensure all Other Affiliates/Corporate Parents are entered. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (cqs) [Transferred from Florida Southern on 6/5/2023.] |
| Filing 3 (STRICKEN PER DE#5 ) NOTICE by US Med Capital, LLC Corporate Disclosure Statement (Ullman, Michael) Modified Text on 3/20/2023 (cds). [Transferred from Florida Southern on 6/5/2023.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (nwn) [Transferred from Florida Southern on 6/5/2023.] |
| Filing 1 COMPLAINT against Valley National Bank. Filing fees $ 402.00 receipt number AFLSDC-16433016, filed by US Med Capital, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(Ullman, Michael) [Transferred from Florida Southern on 6/5/2023.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
