Teichman v. BMW Financial Services, NA LLC et al
| MATTISYAHU TEICHMAN |
| LIFE QUALITY MOTOR SALES, INC. d/b/a BMW OF BROOKLYN, LEGEND LEASING LLC, BMW FINANCIAL SERVICES, NA LLC and Life Quality Motor Sales, Inc. |
| 1:2018cv07402 |
| August 15, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| Alison J Nathan |
| Contract: Other |
| 15 U.S.C. § 1681 |
| None |
Docket Report
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| Filing 24 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, without prejudice against the defendant(s) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Mattisyahu Teichman. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Wertman, Charles) |
| Filing 23 NOTICE OF APPEARANCE by Charles Wertman on behalf of Mattisyahu Teichman. (Wertman, Charles) |
Filing 22
ORDER granting #21 Letter Motion for Extension of Time to Answer. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/19/2018) (jca)
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| Filing 21 LETTER MOTION for Extension of Time to File Answer re: #15 Order, addressed to Judge Alison J. Nathan from Gerry Grunsfeld dated September 18, 2018. Document filed by Legend Leasing LLC.(Grunsfeld, Gerald) |
| Filing 20 NOTICE OF APPEARANCE by Gerald Grunsfeld on behalf of Legend Leasing LLC. (Grunsfeld, Gerald) |
| Filing 19 MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss Complaint against Life Quality. . Document filed by Life Quality Motor Sales, Inc.. (Mandel, Scott) |
| Filing 18 DECLARATION of Scott H. Mandel in Support re: #17 MOTION to Dismiss Complaint against Life Quality.. Document filed by Life Quality Motor Sales, Inc.. (Mandel, Scott) |
| Filing 17 MOTION to Dismiss Complaint against Life Quality. Document filed by Life Quality Motor Sales, Inc.. (Attachments: #1 Text of Proposed Order)(Mandel, Scott) |
| Filing 16 CERTIFICATE OF SERVICE of Order dated 09/12/2018 served on Charles Wertman, Esq. on 09/12/2018. Service was accepted by Charles Wertman, Esq.. Service was made by Electronic Mail (e-mail). Document filed by BMW Financial Services, NA LLC. (Fox, Colleen) |
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Filing 15
ORDER: Plaintiff shall have until September 25, 2018, to enter a notice of appearance and to comply with the Court's September 4, 2018 Order. Defendant BMW Financial Services, NA LLC is ordered to serve a copy of this Order on Plaintiff on or before September 18, 2018. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 9/11/2018) (cf)
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Filing 14
ORDER: On August 30, 2018, Defendant BMW Financial Services, NA LLC filed a motion to dismiss. Pursuant to Rule 3.F of this Court's Individual Practices in Civil Cases, on or before September 10, 2018, Plaintiff must notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so or (2) it will rely on the pleading being attacked. Plaintiff is on notice that declining to amend its pleadings to timely respond to a fully briefed argument in the Defendant's August 30 motion to dismiss may well constitute a waiver of the Plaintiff's right to use the amendment process to cure any defects that have been made apparent by the Defendant's briefing. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC., 797 F.3d 160 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). If Plaintiff chooses to amend, Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it relies on the initially-filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/31/2018) (rj)
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Filing 13
ORDER granting #10 Letter Motion for Extension of Time to Answer. SO ORDERED. Life Quality Motor Sales, Inc. answer due 9/14/2018 (Signed by Judge Alison J. Nathan on 8/31/2018) (cf)
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| Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Dismiss . . Document filed by BMW Financial Services, NA LLC. (Attachments: #1 Certification of Service)(Diclemente, Ryan) |
| Filing 11 MOTION to Dismiss . Document filed by BMW Financial Services, NA LLC. (Attachments: #1 Text of Proposed Order)(Diclemente, Ryan) |
| Filing 10 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Scott H. Mandel dated August 21, 2018. Document filed by Life Quality Motor Sales, Inc..(Mandel, Scott) |
| Filing 9 NOTICE OF APPEARANCE by Scott Howard Mandel on behalf of Life Quality Motor Sales, Inc.. (Mandel, Scott) |
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time to Answer. SO ORDERED. BMW Financial Services, NA LLC answer due 8/31/2018. (Signed by Judge Alison J. Nathan on 8/21/2018) (ne)
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| Filing 7 LETTER MOTION for Extension of Time to File Answer to the Plaintiff's Complaint addressed to Judge Alison J. Nathan from Ryan L. DiClemente, Esq dated 08/20/2018. Document filed by BMW Financial Services, NA LLC.(Diclemente, Ryan) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/14/2018 at 03:15 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (As further set forth in this Order.) Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (Signed by Judge Alison J. Nathan on 8/20/2018) (cf)
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| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BMW of North America LLC for BMW Financial Services, NA LLC. Document filed by BMW Financial Services, NA LLC.(Diclemente, Ryan) |
| Filing 4 NOTICE OF APPEARANCE by Colleen Fox on behalf of BMW Financial Services, NA LLC. (Fox, Colleen) |
| Filing 3 CIVIL COVER SHEET filed. (Diclemente, Ryan) |
| Filing 2 NOTICE OF REMOVAL from Supreme Court of New York, County of New York. Case Number: 653303-2018..Document filed by BMW Financial Services, NA LLC. (Attachments: #1 Exhibit A - Summons & Verified Complaint, #2 Exhibit B - Notice of Filing of Notice of Removal)(Diclemente, Ryan) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Ryan Lawrence Diclemente. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ryan Lawrence Diclemente to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): pursuant to Rule 13.3, exhibits must be labeled (i.e. Summons and Complaint). Re-file the pleading using the event type Notice of Removal 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ryan Lawrence Diclemente. The party information for the following party/parties has been modified: Mattisyahu Teichman; BMW Financial Services, NA LLC; Life Quality Motor Sales, Inc.; Legend Leasing LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias was entered incorrectly. (jgo) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 1 FILING ERROR - PDF ERROR - NOTICE OF REMOVAL from Supreme Court of New Yok, County of New York. Case Number: 653303-2018. (Filing Fee $ 400.00, Receipt Number 0208-15456038).Document filed by BMW FINANCIAL SERVICES, NA LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Diclemente, Ryan) Modified on 8/16/2018 (jgo). |
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