Wells Fargo Equipment Finance, Inc. v. Frank Martz Coach Company et al
| 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. of Virginia, Coach Service & Leasing, Inc., FMH Leasing and FH Family LP |
| 3:2022cv00160 |
| February 17, 2022 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Frederick J Scullin |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| None |
Docket Report
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This docket was last retrieved on April 5, 2022. A more recent docket listing may be available from PACER.
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Filing 20
TEXT ORDER: DENYING Plaintiff's request for oral argument of the #19 Motion for an Order of Seizure at this time. However, if after reviewing the parties' submissions, the Court finds that oral argument would be helpful, the Court will notify the parties. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on April 5, 2022. (rep)
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| TEXT NOTICE RE: #19 Motion For An Order Of Seizure Pursuant To CPLR 7102 ET SEQ.: Response to Motion is due by 5/27/2022. Reply to Response to Motion due by 6/6/2022. (rep) |
| Filing 19 MOTION For An Order Of Seizure Pursuant To CPLR 7102 ET SEQ. filed by Wells Fargo Equipment Finance, Inc.. Response to Motion due by 4/18/2022 (Attachments: #1 Memorandum of Law Memorandum Of Law In Support Of Plaintiff Wells Fargo Equipment Finance, Inc.s Application For An Order Of Seizure Pursuant To CPLR 7102 ET SEQ., #2 Declaration Declaration of Melissa Harris, #3 Proposed Order/Judgment Proposed Order For Issuance Of Writ of Seizure) Motions referred to Therese Wiley Dancks. (Peerce, Marjorie) |
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Filing 18
TEXT ORDER: After hearing from counsel, Court grants Plaintiff permission to file a motion for order of seizure. The motion will be returnable before Senior U.S. District Judge Scullin and is to be filed by 3/28/2022. The response deadline is to be held in abeyance to allow the parties to conduct depositions as discussed, which shall be completed by 5/13/2022. Each side may conduct depositions of three witnesses, and if the case ultimately moves forward, the parties will not be permitted to re-depose these witnesses. Response to the motion for order of seizure will then be due 5/27/2022. Any Reply is due 6/6/2022. Defendants to file a status report by 5/20/2022 on whether the parties have been able to resolve the matter. The Rule 16 Conference and associated deadlines are adjourned without new date until reset by the Court which will likely be after a decision on the motion for seizure has been issued. All defendants' answer to the complaint is due 5/2/2022. Attorney Kevin Walsh must file a Motion for Limited Admission Pro Hac Vice, and then a Notice of Appearance once granted, or he will not be permitted to appear for any further Court proceedings. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/22/2022. (sg)
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| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Pre-Motion Telephone Conference held on 3/22/2022 to discuss plaintiff filing a motion for order of seizure. Appearances: Marjorie Peerce, Esq. and Matthew White, Esq. for Plaintiff; Kimberly Kostun, Esq. and James Shoemaker, Esq. for Defendants. Court hears from counsel re: plaintiff's request to file motion for an order of seizure. Court will permit filing of the motion. Court makes directives and sets deadlines, a separate text order will follow. The 5/19/2022 Rule 16 Conference and associated deadlines are adjourned without new date at this time. (sg) |
| 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
TEXT ORDER granting #15 Motion for Limited Admission Pro Hac Vice of Matthew A. 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 3/14/2022. (sg)
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| Filing 15 MOTION for Limited Admission Pro Hac Vice of Matthew A. White Filing fee $100, receipt number ANYNDC-5834073. (Attachments: #1 Sponsor Declaration, #2 Petition, #3 PA Certificate of Good Standing, #4 ECF Registration, #5 Proposed Order) Motions referred to Therese Wiley Dancks. (Peerce, Marjorie) |
| Filing 14 NOTICE of Appearance by Kimberly M. Kostun on behalf of All Defendants (Kostun, Kimberly) |
| Filing 13 NOTICE of Appearance by Kimberly M. Kostun on behalf of All Defendants (Kostun, Kimberly) |
| TEXT NOTICE OF FILING DEFICIENCY regarding the #13 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney address, phone number and/or email address contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 3/15/2022 (gmd, ) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Wells Fargo Equipment Finance, Inc.. All Defendants. (Peerce, Marjorie) |
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Filing 11
TEXT ORDER: Court reviewed status report (Dkt. No. #10 ) regarding service on the defendants. The Court notes a typographical error with regard to the date of service on the waiver (Dkt. No. 10-1). Counsel for Plaintiff is directed to file a CORRECTED waiver of service separately on the docket by 3/8/2022 using the specific CM/ECF event regarding "waiver of service." The date by which defendants are to respond to the complaint will then automatically populate on the docket. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/7/2022. (sg)
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| Filing 10 STATUS REPORT Pursuant to Order directing WFEF to file by Wells Fargo Equipment Finance, Inc.. (Attachments: #1 Exhibit(s) 1- Waiver of Service of the Summons)(Peerce, Marjorie) |
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Filing 9
TEXT ORDER: Court notes counsel has appeared for the defendants, but an answer has not yet been filed. Plaintiff to file a status report by 3/18/2022 regarding service on defendants and any communication with counsel for defendants regarding this matter. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/2/2022. (sg)
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| Filing 8 NOTICE of Appearance by James Thomas Shoemaker on behalf of All Defendants (Attachments: #1 Certificate of Service)(Shoemaker, James) |
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Filing 7
TEXT ORDER: Granting Direct Assignment. The cases are deemed related. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on February 25, 2022. (rep)
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Filing 6
TEXT ORDER granting #5 Letter Request for pre-motion telephone conference with the Court. Pre-motion Telephone Conference set for 3/22/2022 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. Counsel is directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 5845. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/22/2022. (sg)
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| Filing 5 Letter Request by Wells Fargo Equipment Finance, Inc. Seeking a Pre-Motion Conference and/or the Courts Permission to file a Motion for an Order of Seizure pursuant to Fed. R. Civ. P. 64 and CPLR 7102. (Attachments: #1 Exhibit(s) 1 - Motion and Supporting Papers)(Peerce, Marjorie) Modified on 2/22/2022 (sg, ). |
| Filing 4 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) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 5/19/2022 09:00 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/12/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (gmd, ) |
| Filing 2 Summons Issued as to 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. of Virginia. (gmd, ) |
| Filing 1 COMPLAINT against 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. of Virginia (Filing fee $402 receipt number ANYNDC-5808918) filed by Wells Fargo Equipment Finance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(gmd, ) |
| TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 3:21-cv-00795-FJS-TWD. (gmd, ) |
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