Marquette Commercial Finance v. Soleil Chartered Bank
| Marquette Commercial Finance, A Division of Marquette Transportation Finance, LLC and Marquette Commercial Finance |
| Soleil Chartered Bank |
| 1:2018cv09879 |
| October 25, 2018 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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Filing 32
MEMO ENDORSEMENT on re: #28 CROSS LETTER MOTION for Conference Pre-Motion Letter Response addressed to Judge Lorna G. Schofield from Whitney D. Seltzer dated December 6, 2018. filed by Marquette Commercial Finance. ENDORSEMENT: The issues raised in this letter and Defendant's pre-motion letter at Dkt. 16 will be discussed at the initial pretrial conference on January 10, 2019, at 10:30 A.M. The parties shall not file any further papers in connection with the motion before the conference. The parties are reminded to submit their joint letter and proposed case management plan as previously ordered at least 7 days before the conference. SO ORDERED. (Signed by Judge Lorna G. Schofield on 12/17/2018) (cf)
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Filing 31
ORDER granting #29 Motion for Lisa Marie Lamm Bachman to Appear Pro Hac Vice; and granting #27 Motion for Cameron Alexander Lallier to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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| Filing 30 MEMORANDUM OF LAW in Opposition re: #18 MOTION to Dismiss . . Document filed by Marquette Commercial Finance. (Seltzer, Whitney) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 FIRST MOTION for Lisa Marie Lamm Bachman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16031554. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 29 FIRST MOTION for Lisa Marie Lamm Bachman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16031554. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marquette Commercial Finance. (Attachments: #1 Affidavit Affidavit of Applicant L. M. L. Bachman, #2 Exhibit Certificate of Good Standing (NE), #3 Exhibit Certificate of Good Standing (MN), #4 Text of Proposed Order Proposed Order)(Seltzer, Whitney) |
| Filing 28 CROSS LETTER MOTION for Conference Pre-Motion Letter Response addressed to Judge Lorna G. Schofield from Whitney D. Seltzer dated December 6, 2018. Document filed by Marquette Commercial Finance.(Seltzer, Whitney) |
| Filing 27 AMENDED MOTION for Cameron Alexander Lallier to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marquette Commercial Finance. (Attachments: #1 Affidavit Affidavit of Applicant C.A. Lallier, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Pro Hac Vice Admission)(Seltzer, Whitney) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 AMENDED MOTION for Cameron Alexander Lallier 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. (wb) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #26 AMENDED MOTION for Cameron Alexander Lallier to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Missing Motion for Pro Hac Vice;. 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.. (wb) |
| Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Cameron Alexander Lallier to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marquette Commercial Finance. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order for Pro Hac Vice Admission)(Seltzer, Whitney) Modified on 12/6/2018 (wb). |
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Filing 25
ORDER granting #24 Letter Motion to Adjourn Conference: Application GRANTED. The initial pretrial conference is adjourned from December 20, 2018, to January 10, 2019, at 10:30 A.M. The parties shall file their joint letter and proposed case management plan by January 3, 2019. (Initial Conference set for 1/10/2019 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 12/4/2018) (jwh)
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #22 FIRST MOTION for Cameron Alexander Lallier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15995493. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): THE AFFIDAVIT IS MISSING THE REQUIRED LANGUAGE 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) |
| Filing 24 LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Van Leeuwen dated 12/3/2018. Document filed by Soleil Chartered Bank.(Van Leeuwen, David) |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Cameron Alexander Lallier to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marquette Commercial Finance. (Attachments: #1 Appendix Cert of Good Standing, #2 Text of Proposed Order Proposed Order)(Seltzer, Whitney) Modified on 12/4/2018 (ma). |
| Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Cameron Alexander Lallier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15995493. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marquette Commercial Finance.(Seltzer, Whitney) Modified on 12/4/2018 (ma). |
| Filing 21 DECLARATION of Van Leeuwen in Support re: #18 MOTION to Dismiss .. Document filed by Soleil Chartered Bank. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Cert. of Incorporation)(Van Leeuwen, David) |
| Filing 20 DECLARATION of Kaur in Support re: #18 MOTION to Dismiss .. Document filed by Soleil Chartered Bank. (Van Leeuwen, David) |
| Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss . . Document filed by Soleil Chartered Bank. (Van Leeuwen, David) |
| Filing 18 MOTION to Dismiss . Document filed by Soleil Chartered Bank. Responses due by 12/14/2018 Return Date set for 1/15/2019 at 09:00 AM.(Van Leeuwen, David) |
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Filing 17
ORDER granting #16 Letter Motion for Leave to File Document: Application GRANTED. Plaintiff shall file a response to Defendant's premotion letter as provided in Individual Rule 3(c)(2) by December 6, 2018. (Signed by Judge Lorna G. Schofield on 11/29/2018) (jwh)
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| Set/Reset Deadlines: Responses due by 12/6/2018 (jwh) |
| Set/Reset Deadlines: Responses due by 12/14/2018 Replies due by 1/10/2019. (jwh) |
| Filing 16 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Lorna G. Schofield from Van Leeuwen dated 11/28/2018. Document filed by Soleil Chartered Bank.(Van Leeuwen, David) |
| Filing 15 MEMO ENDORSEMENT denying without prejudice #10 Motion to Dismiss for Lack of Jurisdiction. ENDORSEMENT: The motion is DENIED without prejudice. Defendant shall file a letter requesting a premotion conference and Plaintiffs shall respond. The letters shall comply with Individual Rule III.A. The Clerk of Court is directed to close the motion at Docket No. 10. (Signed by Judge Lorna G. Schofield on 11/27/2018) (ne) |
| Filing 14 AFFIDAVIT OF SERVICE. Soleil Chartered Bank served on 11/7/2018, answer due 11/28/2018. Service was accepted by Leka. Document filed by Marquette Commercial Finance. (Seltzer, Whitney) |
| Filing 13 DECLARATION of Van Leeuwen in Support re: #10 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Soleil Chartered Bank. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Cert. of Incorporation)(Van Leeuwen, David) |
| Filing 12 DECLARATION of Kaur in Support re: #10 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Soleil Chartered Bank. (Van Leeuwen, David) |
| Filing 11 MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Soleil Chartered Bank. (Van Leeuwen, David) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Soleil Chartered Bank. Return Date set for 1/15/2019 at 09:00 AM.(Van Leeuwen, David) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David Charlton Van Leeuwen to RE-FILE Document #7 MOTION to Dismiss for Lack of Jurisdiction . ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Soleil Chartered Bank.(Van Leeuwen, David) |
| Filing 8 NOTICE OF APPEARANCE by David Charlton Van Leeuwen on behalf of Soleil Chartered Bank. (Van Leeuwen, David) |
| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss for Lack of Jurisdiction . Document filed by Soleil Chartered Bank. Return Date set for 1/15/2019 at 09:00 AM. (Attachments: #1 Memorandum of Law, #2 Affidavit, #3 Affidavit, #4 Exhibit Summons and Complaint, #5 Exhibit Certificate of Incorporation)(Van Leeuwen, David) Modified on 11/26/2018 (db). |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UMB Bank, N.A., Corporate Parent UMB Financial Corporation for Marquette Commercial Finance. Document filed by Marquette Commercial Finance.(Seltzer, Whitney) |
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Filing 5
ORDER: Initial Conference set for 12/20/2018 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/2/2018) (jca)
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| Filing 4 CIVIL COVER SHEET filed. (Seltzer, Whitney) |
| Filing 3 ELECTRONIC SUMMONS ISSUED as to Soleil Chartered Bank. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Whitney Daye Seltzer. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Whitney Daye Seltzer. 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 PARTY MODIFICATION. Notice to attorney Whitney Daye Seltzer. The party information for the following party/parties has been modified: Marquette Commercial Finance. The information for the party/parties has been modified for the following reason/reasons: party text was entered incorrectly. (jgo) |
| Case Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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) |
| Magistrate Judge Barbara C. Moses 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) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Soleil Chartered Bank, re: #1 Complaint,. Document filed by Marquette Commercial Finance, A Division of Marquette Transportation Finance, LLC. (Seltzer, Whitney) |
| Filing 1 COMPLAINT against Soleil Chartered Bank. (Filing Fee $ 400.00, Receipt Number ANYSDC-15811183)Document filed by Marquette Commercial Finance, A Division of Marquette Transportation Finance, LLC. (Attachments: #1 Exhibit Letter of Credit, #2 Exhibit Marquette's September 4, 2018 Draw Request, #3 Exhibit Defendant's September 6, 2018 Response to Draw Request, #4 Exhibit Marquette's September 12, 2018 Renewed Draw Request)(Seltzer, Whitney) |
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