Prescott v. Mars, Inc.
| Steven Prescott |
| Mars, Inc. |
| 2:2023cv04915 |
| June 20, 2023 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| LaShann DeArcy Hall |
| Steven I Locke |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 25, 2023. A more recent docket listing may be available from PACER.
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ORDER REASSIGNING CASE. Case reassigned to Judge LaShann DeArcy Hall for all further proceedings. Judge Joan M. Azrack no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 7/25/2023. (SR)
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| Cases associated. (ML) |
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ORDER: Plaintiff's motion #16 and Defendant's motion #15 to consolidate Millman v. Mars, Inc., Case No. 2:23-cv-00079-LDH-SIL with Prescott v. Mars, Inc., Case No. 2:23-cv-04915-JMA-SIL, are GRANTED. Once the action is consolidated, Plaintiffs are directed to file a consolidated amended complaint on or before August 11, 2023. Ordered by Judge LaShann DeArcy Hall on 7/21/2023. Ordered by Judge LaShann DeArcy Hall on 7/21/2023. (ML)
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Electronic ORDER granting DE #17 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, and 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 7/19/2023. (LP)
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Electronic ORDER granting DE #19 Motion for Extension of Time to Answer. On consent and based on the representations set forth in DE #19 , the deadline for Defendant Mars, Inc. to answer or otherwise respond to the Complaint is extended to and including July 31, 2023. Ordered by Magistrate Judge Steven I. Locke on 7/10/2023. (LP)
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| Filing 19 Consent MOTION for Extension of Time to File Answer re #1 Complaint, to July 31, 2023 to allow time for a decision on the consolidation motion and the filing of a consolidated amended complaint by Mars, Inc.. (Hunt, Adam) |
| Filing 18 NOTICE of Appearance by Ryan Clarkson on behalf of Steven Prescott (notification declined or already on case) (Clarkson, Ryan) |
| Filing 17 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16859557 by Steven Prescott. (Attachments: #1 Affidavit OF BAHAR SODAIFY IN SUPPORT OF MOTION TO ADMIT COUNSEL PRO HAC VICE, #2 Certificate of Good Standing) (Sodaify, Bahar) |
| Filing 16 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. (DC) |
| Filing 15 Case transferred in from District of California Northern; Case Number 3:23-cv-01352. Original file certified copy of transfer order and docket sheet received. |
| The case of Prescott v. Mars, Inc., has been transferred from U.S. District Court California, Northern District to the Eastern District of New York. The new case number is 23-cv-4915-JMA-SIL. PLEASE NOTE: 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. (DC) |
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Filing 14
Order by Judge Vince Chhabria granting #12 Stipulation TO TRANSFER VENUE. (bxs, COURT STAFF) (Filed on 5/24/2023) [Transferred from California Northern on 6/30/2023.]
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| Filing 13 STIPULATION WITH PROPOSED ORDER to Extend Time to Respond to Complaint re #1 Complaint, filed by Mars, Inc. and Steven Prescott. (Tarantino, William) (Filed on 5/23/2023) Modified on 5/24/2023 (anj, COURT STAFF). [Transferred from California Northern on 6/30/2023.] |
| Filing 12 STIPULATION WITH PROPOSED ORDER TO TRANSFER VENUE filed by Steven Prescott and Mars, Inc. (Sodaify, Bahar) (Filed on 5/5/2023) Modified on 5/8/2023 (jrs, COURT STAFF). [Transferred from California Northern on 6/30/2023.] |
| Filing 11 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Joint Case Management Statement due by 6/23/2023. Initial Case Management Conference set for 6/30/2023 at 10:00 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, June 23, 2023 by 12:00 PM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 4/5/2023) [Transferred from California Northern on 6/30/2023.] |
| Filing 10 Case reassigned to Judge Vince Chhabria for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi no longer assigned to case. Reassignment Order signed by Clerk on 4/*5/2023. (Attachments: #1 Notice of Eligibility for Video Recording) (bw, COURT STAFF) (Filed on 4/5/2023) [Transferred from California Northern on 6/30/2023.] |
| Filing 9 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #https://cand.uscourts.gov/notices/northern-district-extends-caseload-rebalancing-pilot-program/. (bw, COURT STAFF) (Filed on 4/5/2023) [Transferred from California Northern on 6/30/2023.] |
| Filing 8 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. This is a text only docket entry; there is no document associated with this notice. (amk, COURT STAFF) (Filed on 4/5/2023) [Transferred from California Northern on 6/30/2023.] |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Steven Prescott.. (Sodaify, Bahar) (Filed on 4/5/2023) [Transferred from California Northern on 6/30/2023.] |
| Filing 6 WAIVER OF SERVICE Returned Executed filed by Steven Prescott. Service waived by Mars, Inc. waiver sent on 3/27/2023, answer due 5/26/2023. (Sodaify, Bahar) (Filed on 4/3/2023) [Transferred from California Northern on 6/30/2023.] |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/13/2023. Initial Case Management Conference set for 6/20/2023 01:30 PM in San Jose, Courtroom 2, 5th Floor. (anj, COURT STAFF) (Filed on 3/24/2023)[Transferred from California Northern on 6/30/2023.] |
| Filing 4 Summons Issued as to Mars, Inc.. (anj, COURT STAFF) (Filed on 3/24/2023) [Transferred from California Northern on 6/30/2023.] |
| Filing 3 Case assigned to Magistrate Judge Virginia K. DeMarchi. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/6/2023. (jml, COURT STAFF) (Filed on 3/23/2023) [Transferred from California Northern on 6/30/2023.] |
| Filing 2 Proposed Summons. (Sodaify, Bahar) (Filed on 3/22/2023) [Transferred from California Northern on 6/30/2023.] |
| Filing 1 COMPLAINT with Jury Demand against Mars, Inc. ( Filing fee $ 402, receipt number ACANDC-18099535.). Filed by Steven Prescott. (Attachments: #1 Declaration OF STEVEN PRESCOTT REGARDING VENUE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1780(d), #2 Civil Cover Sheet)(Sodaify, Bahar) (Filed on 3/22/2023) Modified on 3/24/2023 (anj, COURT STAFF). [Transferred from California Northern on 6/30/2023.] |
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