First Bank v. Thompson Tax Business LLC et al
| First Bank |
| Thompson Tax Business LLC, Thompson Tax Business, LLC, Michael Thompson and Natalie Welsh |
| 2:2023cv03868 |
| May 24, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on July 22, 2023. A more recent docket listing may be available from PACER.
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ORDER. In light of the parties' letter to the undersigned jointly requesting a stay (DE #18 ), the undersigned hereby grants a stay limited to the date of the pre-motion conference before Judge Gary R. Brown on September 6, 2023. After that date, if the motion to dismiss is to proceed, then parties must move for a formal stay before the undersigned in accordance with his individual rules. So Ordered by Magistrate Judge James M. Wicks on 7/22/2023. (HM)
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| Filing 18 Letter Letter to Magistrate Judge Wicks Regarding Parties Joint Request to Stay Discovery by First Bank (Kiss, Lauren) |
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ORDER granting #16 Motion for Pre Motion ConferenceA telephone pre-motion conference scheduled for September 6, 2023 at 10:30 AM before Judge Gary R. Brown, at which time the parties should be prepared to address Plaintiff's anticipated motion to dismiss the Counterclaims, DE 16, pursuant to Rule 12 of the Federal Rules of Civil Procedure. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference.Counsel should note that, in appropriate cases, the pre-motion letters, along with counsels' arguments at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).Defendants are directed to respond to DE 16 in accordance with the undersigned's individual rules by July 31, 2023. At the conference, the Court will issue a briefing schedule if necessary.Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 7/17/2023. (LJ)
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| Filing 17 AFFIDAVIT of Service for Letter to Judge Brown regarding Pre-Motion Conference [Docket No. 16] served on The Law Offices of Kenneth H. Dramer PC. c/o Kenneth H. Dramer on 7/14/2023, filed by First Bank. (Kiss, Lauren) |
| Filing 16 MOTION for pre motion conference re #14 Answer to Complaint, Counterclaim Motion for Pre-Motion Conference Regarding Permission to File Motion to Dismiss Defendants Counterclaims by First Bank. (Kiss, Lauren) |
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Filing 15
An Initial Conference via Zoom will be held July 26, 2023, at 11:30 AM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than July 19, 2023. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 6/28/2023. (HM) (Main Document 15 replaced on 6/28/2023) (GO). (Additional attachment(s) added on 6/28/2023: #2 JMW Individual Rules) (GO).
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| Filing 14 ANSWER to Complaint , COUNTERCLAIM against First Bank by Michael Thompson, Thompson Tax Business, LLC, Thompson Tax Business LLC, Natalie Welsh. (Dramer, Kenneth) |
| Filing 13 SUMMONS Returned Executed by First Bank. Natalie Welsh served on 6/5/2023, answer due 6/26/2023. (Kiss, Lauren) |
| Filing 12 SUMMONS Returned Executed by First Bank. Michael Thompson served on 6/5/2023, answer due 6/26/2023. (Kiss, Lauren) |
| Filing 11 SUMMONS Returned Executed by First Bank. Thompson Tax Business LLC served on 6/1/2023, answer due 6/22/2023. (Kiss, Lauren) |
| Filing 10 SUMMONS Returned Executed by First Bank. Thompson Tax Business, LLC served on 5/31/2023, answer due 6/21/2023. (Kiss, Lauren) |
| Filing 9 Summons Issued as to All Defendants. (LJ) |
| Filing 8 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. (LJ) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge James M. Wicks. 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. (LJ) |
| Filing 6 Corporate Disclosure Statement by First Bank identifying Corporate Parent First Bancorp for First Bank. (Kiss, Lauren) |
| Filing 5 Proposed Summons. by First Bank (Kiss, Lauren) |
| Filing 4 Proposed Summons. by First Bank (Kiss, Lauren) |
| Filing 3 Proposed Summons. by First Bank (Kiss, Lauren) |
| Filing 2 Proposed Summons. by First Bank (Kiss, Lauren) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-16730823 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by First Bank. (Attachments: #1 Exhibit A - Loan Agreement, #2 Exhibit B - Note, #3 Exhibit C - Guarantees, #4 Exhibit D - Demand Letter, #5 Civil Cover Sheet) (Kiss, Lauren) |
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