Marquess et al v. Cardflex, Inc. et al
| Gregory Marquess d/b/a Skinitems.com, Skintrigue, Inc. and Gregory Marquess |
| John Does 1-10 Inclusive, Wells Fargo Bank, N.A., Cardflex, Inc. d/b/a Cliq, U.S. Alliance Group, Inc., Cardflex, Inc. and U.S. Alliance Group |
| Jonathan R Miller |
| 2:2019cv04790 |
| August 20, 2019 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Anne Y Shields |
| Contract: Other |
| 28:1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 7, 2020. A more recent docket listing may be available from PACER.
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Filing 38
SCHEDULING ORDER: Re #37 STIPULATION RE PROPOSED BRIEFING SCHEDULE RE MOTIONS TO DISMISS. So Ordered by Judge Joan M. Azrack on 2/7/2020. (Ortiz, Grisel)
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| Filing 37 STIPULATION RE PROPOSED BRIEFING SCHEDULE RE MOTIONS TO DISMISS by U.S. Alliance Group (Huber, James) |
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ORDER re #29 and #30 , Motions for Pre Motion Conference. The Court waives its pre-motion conference requirement and grants the defendants' requests to file motions to dismiss the Amended Complaint. Should it so choose, Wells Fargo may submit supplemental briefing to its motion to dismiss the Initial Complaint #31 in lieu of an additional motion. The parties are directed to file a proposed briefing schedule by 2/6/2020. Ordered by Judge Joan M. Azrack on 1/30/2020. (Gallagher, Erin)
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| Filing 36 NOTICE by Wells Fargo Bank, N.A. re #32 Response in Opposition to Motion, #34 Reply in Support, #31 MOTION to Dismiss for Failure to State a Claim Notice of Filing (Peterson, John) |
| Filing 35 Letter in Reponse to USAG's 1.10.20 Pre-Motion Letter by Gregory Marquess (Bender, Howard) |
| Filing 34 REPLY in Support re #31 MOTION to Dismiss for Failure to State a Claim filed by Wells Fargo Bank, N.A.. (Peterson, John) |
| Filing 33 Letter in Reponse to Wells Fargo's 1.10.20 Pre-Motion Letter by Gregory Marquess (Bender, Howard) |
| Filing 32 RESPONSE in Opposition re #31 MOTION to Dismiss for Failure to State a Claim Plaintiff's Memorandum of Law in Opposition to Defendants Motion to Dismiss filed by Wells Fargo Bank, N.A.. (Attachments: #1 Amended Complaint with Exhibit A) (Peterson, John) |
| Filing 31 MOTION to Dismiss for Failure to State a Claim by Wells Fargo Bank, N.A.. (Attachments: #1 Memorandum in Support of Defendant Wells Fargo Bank, N.A.'s Motion to Dismiss, #2 Exhibit 1, #3 Exhibit 2) (Peterson, John) |
| Filing 30 Letter MOTION for Pre Motion Conference, by U.S. Alliance Group (Huber, James) Modified event type from Letter to Motion on 1/13/2020 (Ortiz, Grisel). |
| Filing 29 Letter MOTION for Pre Motion Conference for Pre-Motion 12(b)(6) Conference by Wells Fargo Bank, N.A. (Peterson, John) Modified event type from Letter to Motion on 1/13/2020 (Ortiz, Grisel). |
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ORDER TO ANSWER re #27 Stipulation filed by U.S. Alliance Group: U.S. Alliance Group answer due 2/5/2020. So Ordered by Magistrate Judge Anne Y. Shields on 12/28/2019. (Minerva, Deanna)
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| Filing 28 AMENDED COMPLAINT against U.S. Alliance Group, Wells Fargo Bank, N.A., filed by Gregory Marquess. (Attachments: #1 Exhibit Merchant Application and Program Guide) (Bender, Howard) |
| Filing 27 STIPULATION re #1 Notice of Removal, AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO INITIAL COMPLAINT by U.S. Alliance Group (Huber, James) |
| Filing 26 DEMAND for Trial by Jury by Gregory Marquess (Bender, Howard) |
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ORDER TO ANSWER re #25 Stipulation filed by U.S. Alliance Group: Defendant U.S. Alliance Group, Inc. shall answer or otherwise respond to the Complaint on or before January 6, 2020. So Ordered by Magistrate Judge Anne Y. Shields on 12/4/2019. (Minerva, Deanna)
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| Filing 25 STIPULATION re #1 Notice of Removal, and [Proposed] Order Extending Time to Respond to Initial Complaint by U.S. Alliance Group (Huber, James) |
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ORDER re #23 Motion for Pre Motion Conference. The Court declines to hold a pre-motion conference and grants Defendant USAG's request to set aside the default and allow for additional time to file a responsive pleading. The Clerk of the Court is respectfully directed to vacate the certificate of default #17 . USAG shall respond to the Complaint by 12/6/2019. Ordered by Judge Joan M. Azrack on 11/15/2019. (Gallagher, Erin)
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| Filing 24 Letter in Response to USAG's Pre-Motion Letter by Gregory Marquess (Bender, Howard) |
| Filing 23 First MOTION for pre motion conference regarding USAG's anticipated motion to set aside the default and for additional time to file a responsive pleading by U.S. Alliance Group. (Huber, James) |
| Filing 22 NOTICE of Appearance by James C. Huber on behalf of U.S. Alliance Group (aty to be noticed) (Huber, James) |
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ORDER granting #20 Motion for Leave to Appear Pro Hac Vice: James Huber is permitted to argue or try this case, in whole or in part, as counsel for Defendant U.S. Alliance Group, Inc. The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 10/29/2019. (Minerva, Deanna)
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| Filing 21 MEMORANDUM in Support re #20 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11977105. Cert of Good Standing attached pursuant to Court Order filed by U.S. Alliance Group. (Malecki, Jenice) |
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ORDER deferring ruling on #20 Motion for Leave to Appear Pro Hac Vice: While the affiant states that he is a member in good standing of the bar of the State of California, a certificate of good standing is not attached to the application, as required by Local Civil Rule 1.3(c). The movant shall submit a certificate of good standing issued within the last thirty (30) days. Such submission shall be made within two (2) weeks. Upon receipt, the Court will rule on the pending application. So Ordered by Magistrate Judge Anne Y. Shields on 10/28/2019. (Minerva, Deanna)
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| Filing 20 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11977105. by U.S. Alliance Group. (Malecki, Jenice) |
| Filing 19 NOTICE of Appearance by Jenice L. Malecki on behalf of U.S. Alliance Group (aty to be noticed) (Attachments: #1 Certificate of Service) (Malecki, Jenice) |
| Filing 18 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR PRE-MOTION/INITIAL CONFERENCE. Counsel For Plaintiff: Howard Bender. Counsel For Defendants: Don Moody, Matthew Knoop. Pre Motion Conference and Initial Conference Hearing held on 10/17/2019 at 12:30 PM. Briefing schedule set. Moving papers served by: 12/6/2019; Response: 1/3/2020; Reply: 1/17/2020. Moving party is responsible for filing the fully briefed motion on ECF and providing courtesy copies to Chambers. (Ortiz, Grisel) |
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SCHEDULING ORDER: Due to a change in this Court's calendar, the telephone Initial/Pre-motion conference scheduled on 10/17/2019 at 2:30 PM will instead be held at 12:30 PM. Ordered by Judge Joan M. Azrack on 10/15/2019. (Posillico, Lauren)
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| Filing 17 Clerk's ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendant U.S. Alliance Group has failed to appear or otherwise defend this action, the default of defendant U.S. Alliance Group is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Toritto, Jim) |
| Filing 16 Request for Certificate of Default by Gregory Marquess (Attachments: #1 Affidavit Declaration in Support of Request for Certificate of Default, #2 Exhibit Exh. A - Summons with Notice, #3 Exhibit Exh. B - Affidavit of Service, #4 Exhibit Exh. C - Proposed Certificate of Default) (Bender, Howard) |
| Filing 15 Letter re statutory lien by Jonathan R Miller (Miller, Jonathan) |
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ORDER granting #14 Motion for Leave to Appear Pro Hac Vice: Matthew S. Knoop is permitted to argue or try this case, in whole or in part, as counsel for Wells Fargo Bank, N.A. The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 10/3/2019. (Minerva, Deanna)
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| Filing 14 MOTION to Appear Pro Hac Vice for Matthew S. Knoop Filing fee $ 150, receipt number ANYEDC-11905985. by Wells Fargo Bank, N.A.. (Knoop, Matthew) |
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ORDER granting #7 Motion for Pre Motion Conference. A telephone Initial/Pre-Motion conference is scheduled for 10/17/2019 at 2:30 PM with Judge Azrack. At the time of the conference, the parties shall dial in to 1-877-873-8017 and enter the access code 4785432. Ordered by Judge Joan M. Azrack on 9/30/2019. (Posillico, Lauren)
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| Filing 13 Corporate Disclosure Statement by Cardflex, Inc. (Moody, Don) |
| Filing 12 Letter in Reponse to Wells Fargo's 8.27.19 Pre-Motion Letter by Gregory Marquess, Skintrigue, Inc. (Bender, Howard) |
| Filing 11 STATE COURT RECORD Received from Supreme Court of the State of NY, Cnty of Suffolk, 623115/2018; Received on 8/30/2019; Received the Clerks Minutes and copy of Notice of Removal. (Ortiz, Grisel) |
| Filing 10 Corporate Disclosure Statement by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A.. (Peterson, John) |
| Filing 9 Corporate Disclosure Statement by Skintrigue, Inc. (Bender, Howard) |
| Filing 8 NOTICE of Appearance by Howard A. Bender on behalf of All Plaintiffs (notification declined or already on case) (Bender, Howard) |
| Filing 7 Letter MOTION for pre motion conference re. Rule 12 Motion to Dismiss (amended to correct formatting error) by Wells Fargo Bank, N.A.. (Peterson, John) |
| Filing 6 Letter for Pre-Motion 12(b)(6) Conference by Wells Fargo Bank, N.A. (Peterson, John) |
| Filing 5 ANSWER to Complaint by Cardflex, Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Moody, Don) |
| This case has been opened in the Eastern District of New York. 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. (Rodin, Deanna) |
| Filing 4 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. (Rodin, Deanna) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge Anne Y. Shields. 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. (Rodin, Deanna) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Wells Fargo Bank, N.A. (Peterson, John) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. The Civil Cover Sheet as filed in Document Entry No. 1 is blank. Please resubmit a corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen) |
| Filing 1 NOTICE OF REMOVAL by Wells Fargo Bank, N.A. from Supreme Court NY County of Suffolk, case number 623115/2018. (Filing fee $400 receipt number ANYEDC-11777981) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (Peterson, John) Modified on 8/21/2019 (Rodin, Deanna). |
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