Frank Martz Coach Company et al v. Wells Fargo Equipment Finance, Inc.
| Frank Martz Coach Company, Gold Line, Inc., Gold Line Inc. of Virginia, First Class Coach Company, Inc., National Coach Works, Inc., National Coach Works, Inc. of Virginia, Coach Service & Leasing, Inc., FMH Leasing and FH Family LP |
| Wells Fargo Equipment Finance, Inc. |
| 3:2021cv00795 |
| July 13, 2021 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Frederick J Scullin |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on March 16, 2022. A more recent docket listing may be available from PACER.
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Filing 25
TEXT ORDER granting #24 Motion for Extension of Time to File Response/Reply re #21 MOTION to Dismiss Plaintiffs' Complaint Counts II, III, IV and V Response to Motion now due by 9/21/2021. Reply to Response to Motion now due by 9/28/2021. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on 9/8/2021. (bjw, )
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Filing 24
MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss Plaintiffs' Complaint Counts II, III, IV and V filed by Wells Fargo Equipment Finance, Inc.. Motion returnable before Judge Scullin filed by Coach Service & Leasing, Inc., FH Family LP, FMH Leasing, First Class Coach Company, Inc., Frank Martz Coach Company, Gold Line Inc. of Virginia, Gold Line, Inc., National Coach Works, Inc., National Coach Works, Inc. of Virginia. Response to Motion due by 9/28/2021 (Attachments: #1 Exhibit(s) Motion to Extend Time to Answer, #2 Exhibit(s) Certififcate of Service) Motions referred to Therese Wiley Dancks. (Shoemaker, James)
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Filing 23
TEXT ORDER re #21 Motion to Dismiss Plaintiffs' Complaint Counts II, III, IV and V filed by Wells Fargo Equipment Finance, Inc. The Court notes that upon the filing of this motion the response deadline was automatically adjusted to fall on the day after the federal holiday, however, the reply deadline remained unchanged. Therefore, the reply to response to #21 Motion to Dismiss is adjusted accordingly and is now due 9/14/2021.. IT IS SO ORDERED Senior Judge Frederick J. Scullin, Jr on 9/1/2021. (bjw, )
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MOTION RESCHEDULING NOTICE as to #21 MOTION to Dismiss Plaintiffs' Complaint Counts II, III, IV and V filed by Wells Fargo Equipment Finance, Inc. Reply to Response to Motion now due by 9/14/2021. Motion is returnable before Judge Scullin and remains on submit.. (bjw, )
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Filing 22
TEXT ORDER: In light of the filing of the #21 Motion to Dismiss, the 9/15/2021 telephone Initial Conference and associated deadlines are adjourned without new date at this time. The conference will be rescheduled, as necessary, once a decision on the Motion to Dismiss has been issued by the District Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/17/2021. (sg)
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Filing 21
MOTION to Dismiss Plaintiffs' Complaint Counts II, III, IV and V filed by Wells Fargo Equipment Finance, Inc.. Motion returnable before Judge Scullin Response to Motion due by 9/7/2021. Reply to Response to Motion due by 9/13/2021 (Attachments: #1 Proposed Order/Judgment, #2 Memorandum of Law) (Peerce, Marjorie)
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Filing 20
NOTICE of Appearance by James Thomas Shoemaker on behalf of All Plaintiffs (Attachments: #1 Affidavit)(Shoemaker, James)
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Filing 19
NOTICE of Appearance by Lindsey Zionts, I on behalf of Wells Fargo Equipment Finance, Inc. (Zionts, Lindsey)
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Filing 18
NOTICE of Appearance by Justin Ward Lamson on behalf of Wells Fargo Equipment Finance, Inc. (Lamson, Justin)
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Filing 17
NOTICE of Appearance by Matthew A. White on behalf of Wells Fargo Equipment Finance, Inc. (White, Matthew)
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Filing 16
Letter from James T. Shoemaker advising the Court that he will remain as counsel and that he filed his admission documents on July 21, 2021. (khr)
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Filing 15
TEXT ORDER granting #13 Motion for Limited Admission Pro Hac Vice of Matthew White, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/21/2021. (sg)
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Filing 14
Supplemental Admission documents re: #13 Motion for Limited Admission Pro Hac Vice,. (Peerce, Marjorie)
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Filing 13
MOTION for Limited Admission Pro Hac Vice of Matthew A. White Filing fee $100, receipt number ANYNDC-5591828. (Attachments: #1 Sponsor Declaration, #2 Petition, #3 PA Certificate of Good Standing, #4 Proposed Order) Motions referred to Therese Wiley Dancks. (Peerce, Marjorie)
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Notice of Filing Deficiency re: #13 Motion for Limited Admission Pro Hac Vice of Matthew A. White. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: New Attorney E-Filing Registration Form; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )
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Filing 12
TEXT ORDER granting #10 Motion for Limited Admission Pro Hac Vice of Justin Lamson, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/20/2021. (sg )
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Filing 11
TEXT ORDER granting #9 Motion for Limited Admission Pro Hac Vice of Lindsey Zionts, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/20/2021. (sg)
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Filing 10
MOTION for Limited Admission Pro Hac Vice of Justin W. Lamson Filing fee $100, receipt number ANYNDC-5590256. (Attachments: #1 Sponsor Declation, #2 Petition, #3 ECF Registration Form, #4 NY Certificate of Good Standing, #5 Proposed Order) Motions referred to Therese Wiley Dancks. (Peerce, Marjorie)
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Filing 9
MOTION for Limited Admission Pro Hac Vice of Lindsey Zionts Filing fee $100, receipt number ANYNDC-5584786. (Attachments: #1 Sponsor Declation, #2 Attorney Registration Form, #3 Attorney Petition for Admission, #4 PA Certificate of Good Standing, #5 Proposed Order) Motions referred to Therese Wiley Dancks. (Peerce, Marjorie)
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Filing 8
TEXT ORDER approving the "Stipulation of Service" (Dkt. No. 2, pp. 88-89), entered into by counsel in the state court action. Defendant shall move or otherwise respond to the Complaint by 9/7/2021. The Rule 16 Conference will be rescheduled by separate text notice. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/14/2021. (sg)
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Filing 7
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Wells Fargo Equipment Finance, Inc. identifying Corporate Parent Wells Fargo Bank, National Association, Corporate Parent Wells Fargo & Company for Wells Fargo Equipment Finance, Inc... (Peerce, Marjorie)
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Filing 6
NOTICE of Admission Requirement as to Party Defendant; Attorney Justin W. Lamson, Ballard Spahr, LLP, 1675 Broadway, 19th Floor, New York, NY 10019-5820, Email address is lamsonjw@ballardspahr.com. Phone number is 212-223-0200. Admissions due by 7/28/2021. (khr)
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Filing 5
NOTICE of Admission Requirement as to Party Plaintiff; Attorney Kevin Walsh, Hourigan, Kluger & Quinn, 600 Third Avenue, Kingston, PA 18704-5815, Email address is kwalsh@hkqlaw.com. Phone number is 570-287-3000. Admissions due by 7/28/2021. (khr)
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CLERK'S CORRECTION OF DOCKET ENTRY re #4 Notice of Admission Requirement. Corrected a spelling error in the last paragraph. (khr)
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TEXT NOTICE of - RESCHEDULING OF RULE 16 CONFERENCE: The Telephone Initial Conference has been RESCHEDULED for 9/15/2021 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed NO LATER THAN 9/8/2021 and Mandatory Disclosures are to be exchanged by the parties on or before 9/8/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sg)
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***Answer due date updated for Wells Fargo Equipment Finance, Inc. answer due 7/20/2021. (khr)
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Filing 4
NOTICE of Admission Requirement as to Party Plaintiff; Attorney James T. Shoemaker, Hourigan, Kluger & Quinn, 600 Third Ave., Kingston, PA 18704, Email address is jshoemaker@hkqlaw.com. Phone number is 570-287-3000. Admissions due by 7/27/2021. (khr) (Main Document 4 replaced on 7/14/2021) (khr, ).
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/30/2021 09:30 AM before Magistrate Judge Therese Wiley Dancks. All conferences are conducted by telephone. Plaintiff's attorney will initiate the call (unless the Court directs differently) and shall contact Judge Dancks' Chambers at 315-234-8618 (a dedicated line solely for telephone conferences) once all parties are on the line. Counsel may use a teleconferencing service for assistance initiating conference calls to the Court. For cases involving pro se parties, the Court will initiate the all for the Rule 16 Conference. Pro se parties are instructed to provide the Court with a telephone number where they may be reached for a conference call. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/23/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) Modified on 7/14/2021 (sg, ).
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Filing 2
STATE COURT COMPLAINT filed by Wells Fargo Equipment Finance, Inc. (khr)
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Filing 1
NOTICE OF REMOVAL from NYS Supreme Court - County of Broome, case number EFCA2021001503 (Filing fee $402 receipt number ANYNDC-5582645) filed by Wells Fargo Equipment Finance, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(khr)
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