Smart Power, Inc. v. Superior Electrical Corp. et. al.
| Smart Power, Inc. |
| Andrew Latino, John Latino and Superior Electrical Corp. |
| 2:2019cv05172 |
| September 11, 2019 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Ramon E Reyes |
| Contract: Other |
| 7 U.S.C. § 25 Fraud - Commodities Leverage Contracts |
| None |
Docket Report
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| Document Text |
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| Filing 18 Letter Requesting to dismiss by Superior Electrical Corp. (Lipshie, Jonathan) |
| Filing 17 Letter in Opposition to dismissal motion by Smart Power, Inc. (Taitz, Steven) |
| Filing 16 Letter to Judge Chen (Motion to Dismiss) by Andrew Latino, John Latino, Superior Electrical Corp. (Lipshie, Jonathan) |
| Filing 15 AMENDED COMPLAINT against All Defendants, filed by Smart Power, Inc.. (Taitz, Steven) |
ORDER: The Court construes #12 Defendants' request for a pre-motion conference as a motion to dismiss and sets the following expedited briefing schedule: Defendants may supplement their motion with a letter of no more than five (5) pages by 10/25/2019; Plaintiff may respond with a letter of no more than five (5) pages by 11/1/2019; Defendants may file a reply, not to exceed three (3) pages by 11/8/2019. Oral argument on the motion shall take place on 1/14/2020, at 2:00 p.m. in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 10/11/2019. (Shi, Yi Qing)
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| Filing 14 Letter To Judge by Andrew Latino, John Latino, Superior Electrical Corp. (Lipshie, Jonathan) |
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ORDER: The Court defers ruling on Defendants' request for a pre-motion conference, in light of Plaintiff's suggestion in its #13 letter that it might amend its complaint. Plaintiff is advised that it has until 10/11/2019 to amend its complaint as a matter of course. See Fed. R. Civ. P. 15 ("A party may amend its pleading once as a matter of course within [] 21 days after serving it."). Ordered by Judge Pamela K. Chen on 10/8/2019. (Shi, Yi Qing)
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| Filing 13 Letter to Judge Chen by Smart Power, Inc. (Taitz, Steven) |
| Filing 12 Letter MOTION TO DISMISS/requesting pre-motion conference by Andrew Latino, John Latino, Superior Electrical Corp. (Lipshie, Jonathan) Modified on 10/25/2019 to update ECF filing event. See Order dated 10/11/2019. (Abdallah, Fida). |
| Filing 11 NOTICE of Appearance by Jonathan W. Lipshie on behalf of All Defendants (aty to be noticed) (Lipshie, Jonathan) |
| Filing 10 SUMMONS Returned Executed by Smart Power, Inc.. John Latino served on 9/20/2019, answer due 10/11/2019. (Taitz, Steven) |
| Filing 9 SUMMONS Returned Executed by Smart Power, Inc.. Superior Electrical Corp. served on 9/25/2019, answer due 10/16/2019. (Taitz, Steven) |
| Filing 8 SUMMONS Returned Executed by Smart Power, Inc.. Superior Electrical Corp. served on 9/18/2019, answer due 10/9/2019. (Taitz, Steven) |
| Filing 7 SUMMONS Returned Executed by Smart Power, Inc.. Andrew Latino served on 9/18/2019, answer due 10/9/2019. (Taitz, Steven) |
| Filing 6 Summons Issued re #1 Complaint as to Superior Electrical Corp., Andrew Latino and John Latino. (Love, Alexis) |
| Filing 5 Proposed Summons. Re #1 Complaint, by Smart Power, Inc. (Taitz, Steven) |
| 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. (Flanagan, Doreen) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Filing 2 NOTICE of Appearance by Linda D. Calder on behalf of All Plaintiffs (aty to be noticed) (Calder, Linda) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Smart Power, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Flanagan, Doreen) Modified on 9/11/2019 (Flanagan, Doreen). |
| FILING FEE: $ 400.00, receipt number ANYEDC-11836422 (Flanagan, Doreen) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Ramon E. Reyes, Jr. 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. (Flanagan, Doreen) |
| Proposed summons is rejected; the section that reads "The answer or motion must be served on Plaintiff or Plaintiff's attorney, whose name and address are:" has not been completed; the Clerk's Office cannot issue the summons. Counsel is advised to submit a completed proposed summons using the event Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen) |
| Incorrect Case/Document Entry Information. Deleted Document Entry No. 1 (Complaint, Civil Cover Sheet and Proposed Summons), initially filed as against all Plaintiffs. Re-entered Document Entry No. 1 as against all Defendants. (Flanagan, Doreen) |
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