NextGear Capital, Inc. et al v. Tristate Auto Service Center, Inc. et al
| NextGear Capital, Inc., Manheim Remarketing, Inc. and Manheim Remarketing, Inc. doing business as Manheim Pennsylvania |
| Tristate Auto Service Center, Inc. and Zu Ji Gao |
| 1:2023cv09458 |
| December 22, 2023 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Natasha C Merle |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on January 30, 2024. A more recent docket listing may be available from PACER.
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STATUS REPORT ORDER: Plaintiff's counsel is directed to submit a status report letter by 2/29/2024. Ordered by Magistrate Judge James R. Cho on 1/30/2024. (SGC)
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| Case Reassigned to Judge Natasha C. Merle. Judge Frederic Block no longer assigned to the case. 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. (BBM) |
| Filing 18 Summons Returned Unexecuted by NextGear Capital, Inc., Manheim Remarketing, Inc. as to Tristate Auto Service Center, Inc.. (Gaunce, Nicholas) |
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Filing 17
MEMORANDUM AND ORDER: Plaintiffs motion #3 for preliminary injunction is granted. Based on the documents that the Plaintiffs have submitted, the Court is satisfied that Plaintiffs have made a sufficient showing of a likelihood of success on the merits and irreparable harm in the absence of the injunction. Plaintiff's counsel shall attached their exhibits A & B to this Memorandum and Order, because the copies filed are corrupt and the Court was not able to either print them or create new PDF documents to attach to this decision. Plaintiff shall serve the attached Memorandum and Order with exhibits, upon the defendants and file proof of service. Ordered by Judge Frederic Block on 1/11/2024. (MI)
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| Filing 16 Second MOTION for Temporary Restraining Order Extending Restraints Pursuant to Rule 65(b) by Manheim Remarketing, Inc., NextGear Capital, Inc.. (Attachments: #1 Proposed Order) (Gaunce, Nicholas) |
| Minute Entry for proceedings held before Judge Frederic Block: Nicholas Gaunce, Esq. for the plaintiff and no appearance for the defendants. Oral argument held on 1/11/2024. The Plaintiffs motion #3 for an order to show cause for a TRO and injunctive relief was discussed. The Court grants plaintiffs motion #3 for the reasons stated on the record. Plaintiffs second motion #16 extending the TRO is Denied as moot. An order will be issued. (Court Reporter: Nicole Sesta 718 613 2758) (MI) |
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ELECTRONIC ORDER: Dismissing as moot, plaintiff's motion #16 to extend the TRO. See minute entry dated 1-11-24 and entry #17 . Ordered by Judge Frederic Block on 1/11/2024. (MI)
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| Filing 15 DECLARATION re #7 Order to Show Cause,, Supplemental of Counsel by Manheim Remarketing, Inc., NextGear Capital, Inc. (Attachments: #1 Exhibit 1 - Subpoena, #2 Exhibit 2 - Bank Statement) (Gaunce, Nicholas) |
| Filing 14 DECLARATION re #7 Order to Show Cause,, of Kevin Connelly by Manheim Remarketing, Inc., NextGear Capital, Inc. (Attachments: #1 Exhibit 1 - dispatch sheet, #2 Exhibit 2 - picture, #3 Exhibit 3 - profile) (Gaunce, Nicholas) |
| Filing 13 DECLARATION re #7 Order to Show Cause,, of Matt Easler by Manheim Remarketing, Inc., NextGear Capital, Inc. (Attachments: #1 Exhibit 1 - NY DMV Records, #2 Exhibit 2 - CARFAX Records) (Gaunce, Nicholas) |
| Filing 12 SUMMONS Returned Executed by NextGear Capital, Inc., Manheim Remarketing, Inc.. (Gaunce, Nicholas) |
| Filing 11 SUMMONS Returned Executed by NextGear Capital, Inc., Manheim Remarketing, Inc.. (Gaunce, Nicholas) |
| Filing 10 DECLARATION re #6 Summons Issued, #1 Complaint,,, by Manheim Remarketing, Inc., NextGear Capital, Inc. (Attachments: #1 Exhibit 1 - Status Update, #2 Exhibit 2 - Photograph, #3 Exhibit 3 - Secretary of State Information, #4 Exhibit 4 - Dealership Authorization, #5 Exhibit 5 - Removal, #6 Exhibit 6 - Acknowledge Terms and Conditions, #7 Exhibit 7 - FedEx Receipt) (Gaunce, Nicholas) |
| Filing 9 Summons Returned Unexecuted by NextGear Capital, Inc., Manheim Remarketing, Inc. as to Zu Ji Gao. (Gaunce, Nicholas) |
| Filing 8 SUMMONS Returned Executed by NextGear Capital, Inc., Manheim Remarketing, Inc.. Tristate Auto Service Center, Inc. served on 1/5/2024, answer due 1/26/2024. (Gaunce, Nicholas) |
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Filing 7
ORDER TO SHOW CAUSE: An in person oral argument is scheduled before J. Block on January 11, 2024 @ 3:30 pm in Courtroom 10C, 10th Fl. in the Brooklyn Courthouse. By January 5, 2024 the defendant shall serve and file their opposition to plaintiff's motion for an order to show cause. By December 30, 2023 the plaintiff shall serve a copy of their order to show cause with all supporting papers and this docket entry upon the defendants and then file proof of service. Upon receipt of this email counsel shall confirm with each other the date and time of this in person oral argument. Ordered by Judge Frederic Block on 12/28/2023. (MI)
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| Filing 6 Summons Issued as to Zu Ji Gao, Tristate Auto Service Center, Inc.. (Attachments: #1 Tristate Auto Service Center, Inc.) (AF) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| Filing 4 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (AF) |
| Filing 3 MOTION for Order to Show Cause by Manheim Remarketing, Inc., NextGear Capital, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Stephen Smith, #3 Declaration of Joey Hughes, #4 Declaration of Nicholas M. Gaunce, #5 Civil Cover Sheet) (Gaunce, Nicholas) Modified on 12/28/2023 (MI). |
| Case Assigned to Judge Frederic Block and Magistrate Judge James R. Cho. 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. Motions referred to James R. Cho. (AF) |
| Set/Reset Hearings: In Person Oral Argument set for 1/11/2024 03:30 PM before Judge Frederic Block. (MI) |
| Filing 2 Corporate Disclosure Statement by Manheim Remarketing, Inc., NextGear Capital, Inc. identifying Corporate Parent Manheim, Inc. for Manheim Remarketing, Inc., NextGear Capital, Inc.. (Gaunce, Nicholas) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-17405945 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by NextGear Capital, Inc., Manheim Remarketing, Inc.. (Attachments: #1 Exhibit 1 - Note, #2 Exhibit 2 - UCC-1, #3 Exhibit 3 - Individual Guaranty, #4 Exhibit 4 - Invoices, #5 Exhibit 5 - Signature to T & Cs, #6 Exhibit 6 - T & C s, #7 Exhibit 7 - PMSI Notice, #8 Exhibit 8 - Certified Mailing Receipt, #9 Declaration Stephen Smith Dec, #10 Declaration Joey Hughes Dec, #11 Affidavit Gaunce Affirmation, #12 Proposed Order Order to Show Cause, #13 Memorandum in Support of Law ISO Order to Show Cause, #14 Civil Cover Sheet Cover Sheet, #15 Proposed Summons as to Gao, #16 Proposed Summons as to Tristate) (Gaunce, Nicholas) |
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