Sterling Resource Funding Corp. v. Advance Payroll Funding Ltd
Plaintiff: Sterling Resource Funding Corp.
Defendant: Advance Payroll Funding Ltd
Case Number: 1:2011cv01120
Filed: February 17, 2011
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Denise L Cote
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441 nr
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 27, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 27, 2011 Filing 24 STIPULATION OF DISMISSAL WITH PREJUDICE. NOW COME Plaintiff Sterling Resource Funding Corp. and Defendant Advance Payroll Funding Ltd., by and through their respective attorneys, and pursuant to Rule 41(a)(l)(A)(ii) of the Federal Rules of Civil Procedure, and hereby stipulate to the dismissal, with prejudice, of the above-captioned lawsuit, each party to bears its own costs and attorneys' fees. (Signed by Judge Denise L. Cote on 7/27/11); (djc)
June 29, 2011 ***NOTE TO ATTORNEY - VOLUNTARY DISMISSAL FILED IN CLOSED CASE. Note to Attorney Mary Sweeney Document #23 Stipulation of Voluntary Dismissal, was filed in a closed case. (ml)
June 28, 2011 Filing 23 DOCUMENT FILED IN A CLOSED CASE - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Advance Payroll Funding Ltd and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Sterling Resource Funding Corp..(Sweeney, Mary) Modified on 6/29/2011 (ml).
June 24, 2011 Opinion or Order Filing 22 ORDER OF DISCONTINUANCE: It is hereby, ORDERED that the above-captioned action is hereby discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within thirty days. (Signed by Judge Denise L. Cote on 6/24/2011) (mbe) Modified on 8/31/2011 (ae).
June 13, 2011 Filing 21 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Settlement Conference held on 6/13/2011. (ab)
May 2, 2011 Opinion or Order Filing 20 ORDER, that a Settlement Conference is set for 6/13/2011 at 02:30 PM in Courtroom 9B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox.) Additional relief as set forth in this Order. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/2/11) (pl)
May 2, 2011 Filing 19 ENDORSED LETTER addressed to Judge Denise L. Cote from Mary Cecilia Sweeney, dated 4/29/2011, re: Counsel for Sterling Resource Funding Corp writes to request additional depositions of Advance Payroll Funding Ltd. and its employees, based on Advances's interrogatory responses received after the discovery planning conference before the Court on April 28, 2011. ENDORSEMENT: Any discovery issue must be discussed between the parties before being raised with the Court. The Court did not limit the plaintiff to 3 depositions; it merely set a discovery schedule. (Signed by Judge Denise L. Cote on 5/2/2011) (lnl)
April 29, 2011 Opinion or Order Filing 18 PRETRIAL SCHEDULING ORDER: The parties are instructed to contact the chambers of Magistrate Judge Fox prior to May 6, 2011 in order to pursue settlement discussions under his supervision. All fact discovery must be completed by September 30, 2011. Any motion for summary judgment: Motion served by October 21, 2011. Opposition served by November 11, 2011. Reply served by December 2, 2011. In the event no motion for summary judgment is filed, the Joint Pretrial Order must be filed by October 21, 2011. (Signed by Judge Denise L. Cote on 4/28/2011) (jfe)
April 29, 2011 Opinion or Order Filing 17 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Denise L. Cote on 4/28/2011) (jfe)
April 28, 2011 Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 4/28/2011. (mbe)
April 28, 2011 Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Sterling National Bank, which is owned by Sterling Bancorp as Corporate Parent. Document filed by Sterling Resource Funding Corp..(Sweeney, Mary)
April 20, 2011 Filing 15 NOTICE OF APPEARANCE by Christina Harriet Tsesmelis on behalf of Advance Payroll Funding Ltd (Tsesmelis, Christina)
April 19, 2011 Filing 14 NOTICE OF APPEARANCE by David Aaron Posner on behalf of Advance Payroll Funding Ltd (Posner, David)
April 11, 2011 Opinion or Order Filing 13 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...ENDORSEMENT: his stipulation binds the parties to treat as confidential the documents so classified. The Court, however, has not reviewed the documents referenced herein therefore by so ordering this stipulation the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document by document review. Moreover, the Court does NOT so order paragraph 5. which purports to authorize the parties to file documents under seal without prior court order. (Signed by Judge Denise L. Cote on 4/11/2011) (jpo) Modified on 4/11/2011 (jpo).
April 6, 2011 CASHIERS OFFICE REMARK on #9 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/24/2011, Receipt Number 933094. (jd)
April 4, 2011 Filing 12 MEMO ENDORSEMENT on #9 Motion for David A. Posner to Appear Pro Hac Vice. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/4/2011) (lnl)
April 4, 2011 Filing 11 NOTICE INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear for an initial pretrial conference with the Court, on April 28, 2011, at 11:30 A.M. AT THE UNITED STATES COURT HOUSE, 500 PEARL STREET, NEW YORK, NEW YORK, IN COURTROOM 11B. (See NOTICE as set forth) Initial Conference set for 4/28/2011 at 11:30 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 4/4/2011) (lnl)
March 30, 2011 Filing 10 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Sterling Resource Funding Corp..(Siegal, John)
March 24, 2011 Filing 9 MOTION for David A. Posner to Appear Pro Hac Vice. Document filed by Advance Payroll Funding Ltd.(mbe)
March 16, 2011 Filing 8 NOTICE OF CHANGE OF ADDRESS by Eugene Neal Kaplan on behalf of Sterling Resource Funding Corp.. New Address: Kaplan Landau LLP, 1065 Avenue of the Americas, 27th Floor, New York, NY, United States 10018, (212) 593-1700. (Kaplan, Eugene)
March 16, 2011 Filing 7 NOTICE OF CHANGE OF ADDRESS by Mary Cecilia Sweeney on behalf of Sterling Resource Funding Corp.. New Address: Kaplan Landau LLP, 1065 Avenue of the Americas, 27th Floor, New York, NY, United States 10018, (212) 593-1700. (Sweeney, Mary)
March 11, 2011 Filing 6 NOTICE OF APPEARANCE by Eugene Neal Kaplan on behalf of Sterling Resource Funding Corp. (Kaplan, Eugene)
March 11, 2011 Filing 5 NOTICE OF APPEARANCE by Mary Cecilia Sweeney on behalf of Sterling Resource Funding Corp. (Sweeney, Mary)
February 24, 2011 Filing 4 ANSWER to Complaint with JURY DEMAND. Document filed by Advance Payroll Funding Ltd.(Siegal, John)
February 24, 2011 Filing 3 CERTIFICATE OF SERVICE of Notice of Removal of Civil Action, Notice of Filing of Notice of Removal of Civil Action To United States District Court, Rule 7.1 Statement on February 17, 2011. Document filed by Advance Payroll Funding Ltd. (Siegal, John)
February 17, 2011 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Advance Payroll Funding Ltd.(ama) (ama).
February 17, 2011 Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650097-11. (Filing Fee $ 350.00, Receipt Number 929933).Document filed by Advance Payroll Funding Ltd.(ama) (ama). (Additional attachment(s) added on 2/22/2011: #1 Notice of Filing) (ama).
February 17, 2011 Magistrate Judge Kevin Nathaniel Fox is so designated. (ama)
February 17, 2011 Case Designated ECF. (ama)

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Defendant: Advance Payroll Funding Ltd
Represented By: Christina Harriet Tsesmelis
Represented By: John Siegal
Represented By: David Aaron Posner
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Plaintiff: Sterling Resource Funding Corp.
Represented By: Mary Cecilia Sweeney
Represented By: Eugene Neal Kaplan
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