Mergenthaler et al v. Zimbler et al
| Peter Mergenthaler and Mac Truong |
| James W. Zimbler, Extreme Mobile Coatings Corp, Ltd., Extreme Mobile Coatings Worldwide, Corp., Structural Enhancement Technologies Corporation, Eco-Petroleum Solutions, Inc., Chase Bank, Harry Zhabilov, Billy Ray Miller, Immunotech Laboratories, Inc., Charles Cotropia, Enzolytics, Inc., Biogenysis, Inc. and Virogentics, Inc. |
| 2:2023cv06926 |
| September 15, 2023 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| James M Wicks |
| P.I.: Other |
| 28 U.S.C. § 1391 Personal Injury |
| None |
Docket Report
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| Document Text |
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| Filing 11 Cross MOTION for Summary Judgment by Mac Truong. (Attachments: #1 Priority Mailing Envelope) (LC) |
ORDER: Presently before the Court are Plaintiffs' motions for summary judgment and defendant Chase Bank's motion to dismiss. See DE #3 (plaintiff Peter Mergenthaler's summary judgment motion); DE #10 (defendant Chase Bank's dismissal motion); DE #11 (plaintiff Mac Truong's summary judgment motion). Those motions are DENIED WITHOUT PREJUDICE to renew after Plaintiffs' motions for leave to proceed in forma pauperis at DEs #2 and #9 are adjudicated. See 28 U.S.C. 1914, 1915 (requiring plaintiffs commencing a civil action to pay filing fees or obtain leave to proceed in forma pauperis). The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of the Court is respectfully directed to send a copy of this Order to Plaintiffs. Ordered by Judge Joan M. Azrack on 10/30/2023. (CB)
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| Filing 10 Letter MOTION to Dismiss Case as Frivolous by Chase Bank. (Kandel, Tyler) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis (SHORT FORM) by Mac Truong. (LC) |
| Filing 8 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. re: MOTION for Leave to Proceed in forma pauperis see document #2 Request To Proceed In Forma Pauperis, #2 Request To Proceed In Forma Pauperis. Each plaintiff named in the caption must sign the complaint and each plaintiff must obtain a separate IFP application and/or Prisoner Authorization form, if applicable. An IFP application and/or Prisoner Authorization form for each plaintiff named in the caption is enclosed. (DC) |
| Filing 7 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 6 Case transferred in from District of New York Southern; Case Number 1:23-cv-07015. Original file certified copy of transfer order and docket sheet received. |
| MAILING RECEIPT: Document No: 5. Mailed to: Peter Mergenthaler 494 Boston Post Road Wayland, MA 01778; Mac Truong 875 Bergen Avenue Jersey City, NJ 07306. (ta) [Transferred from New York Southern on 9/19/2023.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York. (sac) [Transferred from New York Southern on 9/19/2023.] |
| Transmission to Office of the Clerk of Court. Transmitted re: #5 Order, to the Office of the Clerk of Court for processing. (sac) [Transferred from New York Southern on 9/19/2023.] |
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Filing 5
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. Whether Plaintiffs should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. The Court certifies, pursuant to 28 U.S.C 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/8/2023) (sac) [Transferred from New York Southern on 9/19/2023.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (dsh) [Transferred from New York Southern on 9/19/2023.] |
| MOTION for Summary Judgment see document #3 Motion for Summary Judgment by Peter Mergenthaler. (DC) |
| MOTION for Leave to Proceed in forma pauperis see document #2 Request To Proceed In Forma Pauperis by Peter Mergenthaler. (DC) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to James W. Zimbler, Extreme Mobile Coatings Corp, Ltd.,Extreme Mobile Coatings Worldwide, Corp.,Structural Enhancement Technologies Corporation,Eco-Petroleum Solutions, Inc.,Chase Bank,Harry Zhabilov, Billy Ray Miller, Immunotech Laboratories, Inc., Charles Cotropia, Enzolytics, Inc., Biogenysis, Inc., Virogentics, Inc., re: #1 Complaint,. Document filed by Peter Mergenthaler, Mac Truong. (rdz) [Transferred from New York Southern on 9/19/2023.] |
| Filing 3 MOTION for Summary Judgment. Document filed by Peter Mergenthaler, Mac Truong..(rdz) [Transferred from New York Southern on 9/19/2023.] |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Peter Mergenthaler..(rdz) [Transferred from New York Southern on 9/19/2023.] |
| Filing 1 COMPLAINT against Chase Bank, Biogenysis, Inc., Charles Cotropia, Eco-Petroleum Solutions, Inc., Enzolytics, Inc., Extreme Mobile Coatings Corp, Ltd., Extreme Mobile Coatings Worldwide, Corp., Immunotech Laboratories, Inc., Billy Ray Miller, Structural Enhancement Technologies Corporation, Virogentics, Inc., Harry Zhabilov. Document filed by Mac Truong, Peter Mergenthaler..(rdz) [Transferred from New York Southern on 9/19/2023.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 9/19/2023.] |
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