Ambery v. American Realty Capital, LLC et al
| Ambery and William Ambery |
| American Realty Capital, LLC, Glen Court Management Inc, Metropolitan Wealth Management, LLC, American Realty Capital Advisors, LLC and Executive Asset Solutions, LLC |
| 1:2016cv02955 |
| April 20, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Deborah A Batts |
| J Paul Oetken |
| Civil Rights: Jobs |
| 29 U.S.C. § 207 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 19, 2017. A more recent docket listing may be available from PACER.
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Filing 46
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41: IT IS HEREBY STIPULATED AND AGREED BY THE PARTIES, through their undersigned counsel of record, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of this action, the above-captioned action, including all federal, state, and/or city claims that were or could have been asserted on plaintiff's behalf in this action, are withdrawn and dismissed with prejudice pursuant to Fed. R. Civ. P. 41, without costs, expenses, or attorney's fees to any party. So ordered. (Signed by Judge J. Paul Oetken on 10/19/2017) (rjm)
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| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Samantha Regenbogen for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #45 Stipulation of Voluntary Dismissal, *with original signatures from both sides* to: judgments@nysd.uscourts.gov. (tro) |
| Filing 45 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR 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) All Plaintiffs and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Metropolitan Wealth Management, LLC, Executive Asset Solutions, LLC, American Realty Capital Advisors, LLC, American Realty Capital, LLC, Glen Court Management Inc.(Regenbogen, Samantha) Modified on 9/18/2017 (tro). |
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Filing 44
ORDER granting #43 Letter Motion to Adjourn Conference. GRANTED. THE CONFERENCE CURRENTLY SCHEDULED FOR SEPTEMBER 13, 2017, IS ADJOURNED SINE DIE. THE PARTIES SHALL SUBMIT A STIPULATION OF DISMISSAL OR A STATUS UPDATE TO THE COURT BY SEPTEMBER 15, 2017. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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| Filing 43 JOINT LETTER MOTION to Adjourn Conference (request to adjourn initial conference on 9/13/17 because the parties have settled the case and are finalizing the necessary paperwork) addressed to Judge J. Paul Oetken from Steven M. Warshawsky, plaintiff counsel, dated September 7, 2017,. Document filed by William Ambery.(Warshawsky, Steven) |
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Filing 42
ORDER granting #41 Letter Motion to Adjourn Conference. GRANTED. THE CONFERENCE SCHEDULED FOR JULY 21, 2017, IS ADJOURNED TO SEPTEMBER 13, 2017, AT 10:45 A.M. THE PARTIES SHALL SUBMIT A PROPOSED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER TO THE COURT AT LEAST THREE BUSINESS DAYS BEFORE SEPTEMBER 13, 2017. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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| Filing 41 JOINT LETTER MOTION to Adjourn Conference initial pretrial conference addressed to Judge J. Paul Oetken from Samantha L. Regenbogen dated July 13, 2017. Document filed by American Realty Capital Advisors, LLC, American Realty Capital, LLC, Executive Asset Solutions, LLC, Glen Court Management Inc, Metropolitan Wealth Management, LLC.(Regenbogen, Samantha) |
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Filing 40
ORDER: Counsel for all parties are directed to appear for an initial pretrial conference with the Court on July 21, 2017, at 10:15 a.m. The conference will be held in Courtroom 706 of the Thurgood Marshall United States Court House, 40 Foley Square, New York, New York. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. And as set forth herein. SO ORDERED. Initial Conference set for 7/21/2017 at 10:15 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 7/05/2017) (ama)
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Filing 39
ORDER granting #37 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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| NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Deborah A. Batts is no longer assigned to the case. (wb) |
| Filing 38 NOTICE OF APPEARANCE by Steven Michael Warshawsky on behalf of William Ambery. (Warshawsky, Steven) |
| Filing 37 MOTION for Samantha L. Regenbogen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Realty Capital Advisors, LLC, American Realty Capital, LLC, Executive Asset Solutions, LLC, Glen Court Management Inc, Metropolitan Wealth Management, LLC. (Attachments: #1 Declaration of Samantha Regenbogen, #2 Certificate of Good Standing)(Regenbogen, Samantha) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for Samantha L. Regenbogen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| Filing 36 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Samantha L. Regenbogen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13420739. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Realty Capital Advisors, LLC, American Realty Capital, LLC, Executive Asset Solutions, LLC, Glen Court Management Inc, Metropolitan Wealth Management, LLC.(Regenbogen, Samantha) Modified on 3/15/2017 (ma). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #36 MOTION for Samantha L. Regenbogen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13420739. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MISSING AFFIDAVIT OR DECLARATION PURSUANT TO LOCAL RULE 1.3;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma) |
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Filing 35
ORDER FOR ADMISSION PRO HAC VICE granting #33 Motion for Mark W. Batten to Appear Pro Hac Vice; granting #34 Motion for Mark W. Batten to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 10/7/2016) (kgo)
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| Filing 34 SECOND MOTION for Mark W. Batten to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Realty Capital Advisors, LLC, American Realty Capital, LLC, Executive Asset Solutions, LLC, Glen Court Management Inc, Metropolitan Wealth Management, LLC.(Batten, Mark) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 SECOND MOTION for Mark W. Batten to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 33 MOTION for Mark W. Batten to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12563224. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Realty Capital Advisors, LLC, American Realty Capital, LLC, Executive Asset Solutions, LLC, Glen Court Management Inc, Metropolitan Wealth Management, LLC.(Batten, Mark) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Mark W. Batten to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12563224. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 32 ANSWER to #25 Complaint. Document filed by American Realty Capital Advisors, LLC, American Realty Capital, LLC, Executive Asset Solutions, LLC, Glen Court Management Inc, Metropolitan Wealth Management, LLC.(Batten, Mark) |
| Filing 31 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Realty Capital Advisors, LLC, American Realty Capital, LLC, Executive Asset Solutions, LLC, Glen Court Management Inc, Metropolitan Wealth Management, LLC.(Batten, Mark) |
| Filing 30 WAIVER OF SERVICE RETURNED EXECUTED. Metropolitan Wealth Management, LLC waiver sent on 5/10/2016, answer due 7/11/2016. Document filed by William Ambery. (Paparella, Andrea) |
| Filing 29 WAIVER OF SERVICE RETURNED EXECUTED. Glen Court Management Inc waiver sent on 5/10/2016, answer due 7/11/2016. Document filed by William Ambery. (Paparella, Andrea) |
| Filing 28 WAIVER OF SERVICE RETURNED EXECUTED. Executive Asset Solutions, LLC waiver sent on 5/10/2016, answer due 7/11/2016. Document filed by William Ambery. (Paparella, Andrea) |
| Filing 27 WAIVER OF SERVICE RETURNED EXECUTED. American Realty Capital Advisors, LLC waiver sent on 5/10/2016, answer due 7/11/2016. Document filed by William Ambery. (Paparella, Andrea) |
| Filing 26 WAIVER OF SERVICE RETURNED EXECUTED. American Realty Capital, LLC waiver sent on 5/10/2016, answer due 7/11/2016. Document filed by William Ambery. (Paparella, Andrea) |
| Filing 25 COMPLAINT against American Realty Capital Advisors, LLC, American Realty Capital, LLC, Executive Asset Solutions, LLC, Glen Court Management Inc, Metropolitan Wealth Management, LLC. Document filed by William Ambery.(Klassen, Siobhan) |
| Filing 24 NOTICE OF APPEARANCE by Siobhan E. C. Klassen on behalf of William Ambery. (Klassen, Siobhan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrea Maria Paparella to RE-FILE Document No. #22 Complaint, #19 Complaint, #20 Complaint, #18 Complaint, #21 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; Select each defendant individually in one filing. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| CASE DECLINED AS NOT RELATED. Case referred as related to 15CV7944 and declined by Judge Gregory H. Woods and returned to wheel for assignment. (wb) |
| Filing 23 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:15-cv-07944 (GHW) (FM). Document filed by William Ambery.(Paparella, Andrea) |
| Filing 22 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Metropolitan Wealth Management, LLC. Document filed by William Ambery.(Paparella, Andrea) Modified on 5/4/2016 (pc). |
| Filing 21 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Glen Court Management Inc. Document filed by William Ambery.(Paparella, Andrea) Modified on 5/4/2016 (pc). |
| Filing 20 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Executive Asset Solutions, LLC. Document filed by William Ambery.(Paparella, Andrea) Modified on 5/4/2016 (pc). |
| Filing 19 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against American Realty Capital, LLC. Document filed by William Ambery.(Paparella, Andrea) Modified on 5/4/2016 (pc). |
| Filing 18 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against American Realty Capital Advisors, LLC. Document filed by William Ambery.(Paparella, Andrea) Modified on 5/4/2016 (pc). |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Metropolitan Wealth Management, LLC. (rch) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Glen Court Management Inc. (rch) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Executive Asset Solutions, LLC. (rch) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to American Realty Capital Advisors, LLC. (rch) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to American Realty Capital, LLC. (rch) (Main Document 13 replaced on 5/4/2016) (pc). |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Metropolitan Wealth Management, LLC, re: #1 Complaint. Document filed by William Ambery. (Paparella, Andrea) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Glen Court Management Inc, re: #1 Complaint. Document filed by William Ambery. (Paparella, Andrea) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Executive Asset Solutions, LLC, re: #1 Complaint. Document filed by William Ambery. (Paparella, Andrea) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to American Realty Capital Advisors, LLC, re: #1 Complaint. Document filed by William Ambery. (Paparella, Andrea) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to American Realty Capital, LLC, re: #1 Complaint. Document filed by William Ambery. (Paparella, Andrea) |
| Filing 7 NOTICE of. Document filed by William Ambery. (Paparella, Andrea) |
| Filing 6 NOTICE of. Document filed by William Ambery. (Paparella, Andrea) |
| Filing 5 NOTICE of. Document filed by William Ambery. (Paparella, Andrea) |
| Filing 4 NOTICE of. Document filed by William Ambery. (Paparella, Andrea) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrea Maria Paparella to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (rch) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrea Maria Paparella. The party information for the following party/parties has been modified: William Ambery. The information for the party/parties has been modified for the following reason/reasons: unnecessary party title. (rch) |
| ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrea Maria Paparella. The following case opening statistical information was erroneously selected/entered: Cause of Action code none; Jury Demand code b (Both); Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:207; the Jury Demand code has been modified to p (Plaintiff); the Fee Status code has been modified to pd (paid). (rch) |
| Magistrate Judge Ronald L. Ellis is so designated. (rch) |
| Case Designated ECF. (rch) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Deborah A. Batts. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (rch) |
| Filing 3 NOTICE of. Document filed by William Ambery. (Paparella, Andrea) |
| Filing 2 CIVIL COVER SHEET filed. (Paparella, Andrea) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against William Ambery. (Filing Fee $ 400.00, Receipt Number 0208-12211073)Document filed by William Ambery.(Paparella, Andrea) Modified on 4/21/2016 (rch). |
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