The Money Source Inc. v. American Ken, Inc.
| The Money Source, Inc. and The Money Source Inc. |
| American Ken Home Mortgage, LLC and American Ken, Inc. |
| 2:2022cv05204 |
| August 31, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Steven I Locke |
| Contract: Other |
| 28 U.S.C. § 1346 Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 Joint MOTION to Adjourn Conference by American Ken, Inc.. (Curd, Joseph) |
Electronic ORDER granting DE #16 Motion to Adjourn Conference. On consent and based on the representations regarding settlement in DE #16 , the initial conference previously scheduled for 2/6/2023 is adjourned to 3/16/2023 at 11:00 a.m. in Courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 2/3/2023. (JM)
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| Filing 15 Proposed Scheduling Order Jointly Filed by The Money Source Inc. (Marinovich, Colin) |
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Filing 14
INITIAL CONFERENCE ORDER: An Initial Conference is set for 2/6/2023 at 11:30 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 1/3/2023. (Attachments: #1 SIL Individual Rules, #2 Scheduling Order Worksheet) (KG)
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| Filing 13 DEMAND for Trial by Jury by The Money Source Inc. (Mule, Michael) |
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Electronic ORDER granting DE #11 Motion for Leave to Appear Pro Hac Vice. 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 activity in this case. Ordered by Magistrate Judge Steven I. Locke on 12/14/2022. (JM)
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| Filing 12 ANSWER to #7 Amended Complaint by American Ken, Inc.. (Curd, Joseph) |
| Filing 11 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16182768. by American Ken, Inc.. (Curd, Joseph) |
| Filing 10 SUMMONS Returned Executed by The Money Source Inc.. American Ken, Inc. served on 9/7/2022, answer due 9/28/2022. (Marinovich, Colin) |
| Filing 9 NOTICE of Appearance by Colin Marinovich on behalf of The Money Source Inc. (aty to be noticed) (Marinovich, Colin) |
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ORDER re Order to Show Cause : The Order to Show Cause has been adequately addressed by the filing of the #7 Amended Complaint. Ordered by Judge Joan M. Azrack on 9/9/2022. (Posillico, Lauren)
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| Filing 8 SUMMONS ISSUED as to American Ken, Inc.. (Coleman, Laurie) |
| Filing 7 AMENDED COMPLAINT against American Ken Home Mortgage, LLC, filed by The Money Source Inc.. (Attachments: #1 Amended) (Mule, Michael) |
| Filing 5 Summons Issued as to American Ken Home Mortgage, LLC. (Jakubowski, Laura) |
| 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. (Jakubowski, Laura) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Incorrect Document Entry Information. Complaint was entered as against plaintiff; entry was deleted and re-entered as against defendant. (Jakubowski, Laura) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge Steven I. Locke. 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. (Jakubowski, Laura) |
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ORDER TO SHOW CAUSE. It is not clear from the Complaint that the Court has subject matter jurisdiction over this action. The Complaint indicates that defendant is an LLC, but the Complaint treats defendant as if it were a corporation, which, for purposes of determining citizenship, is analyzed differently than LLCs. See Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012) (holding that the defendant limited liability company takes the citizenship of each of its members); Handelsman v. Bedford Village Associates Ltd. Partnership, 213 F.3d 48 (2d Cir. 2000) (same with respect to limited partnerships). Plaintiff is ORDERED TO SHOW CAUSE, in writing, by September 9, 2022, why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiff's response must include an identification of each member of the defendant LLC and sufficient facts to draw a conclusion as to each such member's citizenship.Ordered by Judge Joan M. Azrack on 9/1/2022. (Terranova, Robert)
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| Incorrect Case Entry Information - As per chambers, the 6 Amended Complaint filed by attorney Michael Mule on behalf of plaintiff, The Money Source Inc., has been deleted from the above-referenced case in its entirety due to a filing error; counsel has refiled the Amended Complaint, DE #7 . There will no longer be a document #6 in this case. (Coleman, Laurie) |
| Filing 1 COMPLAINT against American Ken Home Mortgage, LLC Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by The Money Source Inc.. (Attachments: #1 Proposed Summons) (Jakubowski, Laura) |
| FILING FEE: $ 402, receipt number ANYEDC-15896057 (Jakubowski, Laura) |
| Filing 2 Civil Cover Sheet.. by The Money Source, Inc. (Mule, Michael) |
| Notice: Re: Incomplete Civil Cover Sheet. A Civil Cover Sheet was not filed; the Clerk's Office cannot assign this case without a Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (Jakubowski, Laura) |
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