JPMorgan Chase Bank, N.A. v. Meged Funding Group Corp. et al
JPMorgan Chase Bank, N.A. and JP Morgan Chase Bank, NA |
Meged Funding Group Corp., Lendora Capital, LLC, Nunez Flooring LLC, Nunez Carpet, Lucio Nunez, Luciano Nunez, Al & Chuchos LLC doing business as Al & Chuchos and Vivelo Fashion LLC doing business as Vivelo Fashion |
2:2023cv02605 |
April 5, 2023 |
US District Court for the Eastern District of New York |
Pamela K Chen |
Lee G Dunst |
Contract: Other |
28 U.S.C. § 1335 Interpleader Action |
None |
Docket Report
This docket was last retrieved on October 26, 2023. A more recent docket listing may be available from PACER.
Document Text |
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ORDER LIFTING STAY: The Court is in receipt of Plaintiff's #19 Status Report regarding the dismissal of Defendants' bankruptcy action. The Court lifts the stay that was previously ordered on 9/20/2023 and grants Plaintiff leave to complete service within ninety (90) days from today, 1/24/2024. Ordered by Judge Pamela K. Chen on 10/26/2023. (FG) |
Filing 19 STATUS REPORT by JP Morgan Chase Bank, NA (Berg, James) |
ORDER: The Court grants Plaintiff's #18 motion to stay in its entirety. The case is stayed pending Defendants' bankruptcy action. Plaintiff's request regarding alternative service and extension of time to serve are also granted. Plaintiff is directed to file a status report every 90 days advising the Court whether the case should remain stayed in light of the bankruptcy proceedings. Plaintiff's next status report is due 11/3/2023. Within 7 days of the closure of the bankruptcy action, Plaintiff shall file a status report apprising the Court of the date the bankruptcy action was resolved. Plaintiff's deadline to serve Defendants will then be set for 90 days after that date. Ordered by Judge Pamela K. Chen on 9/20/2023. (LC) |
Filing 18 MOTION to Stay , for Substituted Service, and Extension of Time to Serve by JP Morgan Chase Bank, NA. (Attachments: #1 Memorandum in Support of Motion for Stay, Substituted Service, and Extension of Time to Serve, #2 Declaration of James P. Berg in Support, #3 Exhibit 1, Interpleader Complaint, #4 Exhibit 2, AOS Nucio Nunez, #5 Exhibit 3, AOS Nunez Carper, #6 Exhibit 4, Signature Card, #7 Exhibit 5, AOS Served Defendants, #8 Exhibit 6, Bankruptcy Docket, #9 Exhibit 7, Bankruptcy Petition, #10 Proposed Order, #11 Certificate of Service) (Berg, James) |
ELECTRONIC SCHEDULING ORDER: In its response to the Court's 8/10/2023 Order To Show Cause, Plaintiff requests that the Court (1) stay this action given the bankruptcy of defendant Lucio Nunez, or (2) grant Plaintiff's anticipated motions "for an extension of time to serve Mr. Nunez and Nunez Carpet pursuant to Fed. R. Civ. P. 4(m)" and "for leave to effectuate service of process upon these defendants by alternate means pursuant to Fed. R. Civ. P. 4(e)(1)." DE #17 . Plaintiff shall file any motions seeking the aforementioned relief (with respect to a stay and service) and direct same to District Judge Pamela K. Chen by 9/18/2023. Ordered by Magistrate Judge Lee G. Dunst on 9/7/2023. (CB) |
Filing 17 RESPONSE TO ORDER TO SHOW CAUSE by JP Morgan Chase Bank, NA (Attachments: #1 Certificate of Service, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Berg, James) |
Filing 16 NOTICE of Appearance by Gabriel Mendelberg on behalf of Meged Funding Group Corp. (aty to be noticed) (Mendelberg, Gabriel) |
ORDER TO SHOW CAUSE: Plaintiff commenced this action by filing the Complaint on 4/5/2023. See DE #1 . Plaintiff has failed to file proof of service for any defendant in the intervening 127 days. "If a defendant is not served within 90 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time." Fed. R. Civ. P. 4(m). Accordingly, Plaintiff shall show cause by 8/25/2023 why the undersigned should not recommend to District Judge Pamela K. Chen that this action be dismissed without prejudice under Fed. R. Civ. P. 4(m) for failure of timely service. Ordered by Magistrate Judge Lee G. Dunst on 8/10/2023. (CB) Modified on 8/10/2023 (CT). |
Filing 15 Summons Issued as to Al & Chuchos LLC, Lendora Capital, LLC, Meged Funding Group Corp., Luciano Nunez, Lucio Nunez, Nunez Carpet, Nunez Flooring LLC, Vivelo Fashion LLC.. (ML) (Additional attachment(s) added on 4/26/2023: #1 Rider) (ML). |
Filing 14 Proposed Summons. Re #1 Complaint, by JPMorgan Chase Bank, N.A. (Berg, James) |
Filing 13 Proposed Summons. Re #1 Complaint, by JPMorgan Chase Bank, N.A. (Berg, James) |
Filing 12 Proposed Summons. Re #1 Complaint, by JPMorgan Chase Bank, N.A. (Berg, James) |
Filing 11 Proposed Summons. Re #1 Complaint, by JPMorgan Chase Bank, N.A. (Berg, James) |
Filing 10 Proposed Summons. Re #1 Complaint, by JPMorgan Chase Bank, N.A. (Berg, James) |
Filing 9 Proposed Summons. Re #1 Complaint, by JPMorgan Chase Bank, N.A. (Berg, James) |
Filing 8 Proposed Summons. Re #1 Complaint, by JPMorgan Chase Bank, N.A. (Berg, James) |
Filing 7 Proposed Summons. Re #1 Complaint, by JPMorgan Chase Bank, N.A. (Berg, James) |
Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of ALL defendants included. Please do not file proposed summons individually as to the individual named defendants. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (ML) |
Filing 6 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. (AC) |
Filing 5 NOTICE of Appearance by Daniel Aaron Schleifstein on behalf of JPMorgan Chase Bank, N.A. (aty to be noticed) (Attachments: #1 Certificate of Service) (Schleifstein, Daniel) |
Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Additional attachment(s) added on 4/10/2023: #1 Quality Control Form) (AC). |
Case Assigned to Judge Pamela K. Chen and Magistrate Judge Lee G. Dunst. 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. (AC) |
Filing 3 Civil Cover Sheet.. Re Notice: Re: Incomplete Civil Cover Sheet, #2 Corporate Disclosure Statement, #1 Complaint, by JPMorgan Chase Bank, N.A. (Berg, James) |
Filing 2 Corporate Disclosure Statement by JPMorgan Chase Bank, N.A. (Berg, James) |
Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-16572040 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by JPMorgan Chase Bank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M) (Berg, James) Modified on 4/10/2023 (AC). |
Notice: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (SR) |
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