Lis v. Lancaster et al
| Andrew Lis and Andrew J. Lis |
| Bank of America NA, Jason M. Lancaster, Overland Distribution Co., Inc., JAL Environmental Services Programs Inc., Gulf Premier Logistics LLC, Cecil Simmons, Overland Express Co. Inc., Debbie Lancaster, JP Morgan Chase Bank NA, Dee Chase-Unno, Jal Environmental Services Programs, Bank of America, JP Morgan Chase Bank, JP Morgan Chase Bank N. A. and Bank of America, NA |
| 1:2019cv01414 |
| February 14, 2019 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Contract: Other |
| 28 U.S.C. § 1441 nr |
| Plaintiff |
Docket Report
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| Filing 70 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/19/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 69 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/19/2019 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019.(McGuirk, Kelly) |
| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 22 1002 483 1 on 4/26/2019. (jwh) |
Filing 68
MEMORANDUM ORDER granting #6 Motion to Remand to State Court: Plaintiff's motion to remand is therefore granted. Plaintiff's motion for fees, however, is denied. Accordingly, this matter is hereby remanded to Supreme Court, New York County. The Clerk of the Court is directed to close this case and remand it to the court from which it was removed. (Signed by Judge Jed S. Rakoff on 4/24/2019) (jwh) Transmission to Docket Assistant Clerk for processing.
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Filing 67
STIPULATION EXTENDING DEFENDANT BANK OF AMERICA, N.A.'S TIME TO ANSWER PLAINTIFF'S AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for Plaintiff, Andrew Lis and Defendant, Bank of America, N.A. (hereinafter "BANA") that BANA's time to answer Plaintiff's Amended Complaint is hereby extended on consent up to and including May 7, 2019. And as set forth herein. SO ORDERED. Bank of America, NA answer due 5/7/2019. (Signed by Judge Jed S. Rakoff on 4/23/2019) (ama)
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 4/19/2019. (Kotowski, Linda) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 4/19/2019 re: #6 MOTION to Remand to State Court . filed by Andrew J. Lis, #7 MOTION for Preliminary Injunction . filed by Andrew J. Lis. (Kotowski, Linda) |
| Filing 66 ELECTRONIC SUMMONS ISSUED as to Bank of America, NA, Dee Chase-Unno, Gulf Premier Logistics LLC, JP Morgan Chase Bank N. A., Jal Environmental Services Programs, Debbie Lancaster, Jason M. Lancaster, Overland Distribution Co., Inc., Overland Express Co. Inc., Cecil Simmons. (pne) |
| Filing 65 REQUEST FOR ISSUANCE OF SUMMONS as to JASON M. LANCASTER, DEBBIE LANCASTER, CECIL SIMMONS, DEE CHASE-UNNO, GULF PREMIER LOGISTICS, LLC, OVERLAND DISTRIBUTION CO., INC., OVERLAND EXPRESS CO., INC., JAL ENVIRONMENTAL SERVICES PROGRAMS D/B/A JAL ENVIRONMENTAL SERVICES PROGRAMS, INC., BANK OF AMERICA, N.A., JP MORGAN CHASE BANK, N.A., re: #59 Amended Complaint,. Document filed by Andrew J. Lis. (Attachments: #1 Supplement Rider for Issuance of Summons)(Marzec, Darius) |
| Filing 64 NOTICE OF APPEARANCE by Geoffrey Luan on behalf of Andrew J. Lis. (Luan, Geoffrey) |
| Filing 63 PROPOSED STIPULATION AND ORDER. Document filed by Bank of America. (Weissberg, Aaron) |
| Filing 62 NOTICE OF APPEARANCE by Darius Adam Marzec on behalf of Andrew J. Lis. (Marzec, Darius) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/16/2019, ( Oral Argument set for 4/19/2019 at 02:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda) |
| Filing 61 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Bank of America. (Weissberg, Aaron) Proposed Order to be reviewed by Clerk's Office staff. Modified on 4/16/2019 (dt). |
| Filing 60 AFFIDAVIT OF SERVICE of Summons & Verified Complaint, Proposed Order to Show Cause, Affirmation of Emergency, Affidavit of Plaintiff, Affirmation of Compliance with Uniform Rule 202.7 with Exhibits, Notice of Removal, Notice of Filing of Notice of Removal to District Court served on Bank of America, N.A. on 03/12/2019. Service was accepted by Nora Dindyal. Document filed by Andrew J. Lis. (Marzec, Darius) |
| Filing 59 FIRST AMENDED COMPLAINT amending #34 Amended Complaint,, against Dee Chase-Unno, Gulf Premier Logistics LLC, Jal Environmental Services Programs, Debbie Lancaster, Jason M. Lancaster, Overland Distribution Co., Inc., Overland Express Co. Inc., Cecil Simmons, JP Morgan Chase Bank N. A., Bank of America, NA with JURY DEMAND.Document filed by Andrew J. Lis. Related document: #34 Amended Complaint,,. (Attachments: #1 Supplement Jury Demand)(Marzec, Darius) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Aaron Weissberg to RE-FILE Document No. #61 Proposed Order,. The filing is deficient for the following reason(s): the wrong event type was used to file the proposed order; Re-file the document using the event type Proposed Stipulation and Order found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. Must have signatures No /s/ or electronic signatures, before re-filing. (dt) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Darius Adam Marzec to RE-FILE Document No. #54 Request for Issuance of Summons, #49 Request for Issuance of Summons, #48 Request for Issuance of Summons, #51 Request for Issuance of Summons, #53 Request for Issuance of Summons, #55 Request for Issuance of Summons, #57 Request for Issuance of Summons, #52 Request for Issuance of Summons, #50 Request for Issuance of Summons, #56 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 58 ANSWER to Complaint., CROSSCLAIM against Gulf Premier Logistics LLC, Jal Environmental Services Programs, Jason M. Lancaster., COUNTERCLAIM against Andrew J. Lis. Document filed by JP Morgan Chase Bank.(Alperstein, Robin) |
| Filing 57 REQUEST FOR ISSUANCE OF SUMMONS as to JP Morgan Chase Bank NA, re: #34 Amended Complaint,,. Document filed by Andrew J. Lis. (Marzec, Darius) |
| Filing 56 REQUEST FOR ISSUANCE OF SUMMONS as to Bank of America, re: #34 Amended Complaint,,. Document filed by Andrew J. Lis. (Marzec, Darius) |
| Filing 55 REQUEST FOR ISSUANCE OF SUMMONS as to JAL Environmental Services Programs, Inc., re: #34 Amended Complaint,,. Document filed by Andrew J. Lis. (Marzec, Darius) |
| Filing 54 REQUEST FOR ISSUANCE OF SUMMONS as to Overland Express Co., Inc., re: #34 Amended Complaint,,. Document filed by Andrew J. Lis. (Marzec, Darius) |
| Filing 53 REQUEST FOR ISSUANCE OF SUMMONS as to Overland Distribution Co. Inc., re: #34 Amended Complaint,,. Document filed by Andrew J. Lis. (Marzec, Darius) |
| Filing 52 REQUEST FOR ISSUANCE OF SUMMONS as to Gulf Premier Logistics, LLC, re: #34 Amended Complaint,,. Document filed by Andrew J. Lis. (Marzec, Darius) |
| Filing 51 REQUEST FOR ISSUANCE OF SUMMONS as to Dee Chase-Unno, re: #34 Amended Complaint,,. Document filed by Andrew J. Lis. (Marzec, Darius) |
| Filing 50 REQUEST FOR ISSUANCE OF SUMMONS as to Cecil Simmons, re: #34 Amended Complaint,,. Document filed by Andrew J. Lis. (Marzec, Darius) |
| Filing 49 REQUEST FOR ISSUANCE OF SUMMONS as to Debbie Lancaster, re: #34 Amended Complaint,,. Document filed by Andrew J. Lis. (Marzec, Darius) |
| Filing 48 REQUEST FOR ISSUANCE OF SUMMONS as to Jason M. Lancaster, re: #34 Amended Complaint,,. Document filed by Andrew J. Lis. (Marzec, Darius) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Darius Adam Marzec to RE-FILE re: Document No. #34 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; (Parties Bank of America NA and JP Morgan Chase Bank NA must be added to the docket).. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended 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. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Darius Adam Marzec to RE-FILE Document No. #39 Request for Issuance of Amended Summons, #36 Request for Issuance of Amended Summons, #41 Request for Issuance of Amended Summons, #42 Request for Issuance of Amended Summons, #38 Request for Issuance of Amended Summons, #43 Request for Issuance of Amended Summons, #45 Request for Issuance of Amended Summons, #40 Request for Issuance of Amended Summons, #46 Request for Issuance of Amended Summons, #47 Request for Issuance of Amended Summons, #37 Request for Issuance of Amended Summons, #44 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 47 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to JP Morgan Chase Bank NA, re: #34 Amended Complaint,. Document filed by Andrew J. Lis. (Marzec, Darius) Modified on 4/12/2019 (sj). |
| Filing 46 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Bank of America, re: #34 Amended Complaint. Document filed by Andrew J. Lis. (Marzec, Darius) Modified on 4/12/2019 (sj). |
| Filing 45 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Overland Express Co., Inc., re: #34 Amended Complaint,. Document filed by Andrew J. Lis. (Marzec, Darius) Modified on 4/12/2019 (sj). |
| Filing 44 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to JAL Environmental Services Programs, re: #34 Amended Complaint,. Document filed by Andrew J. Lis. (Marzec, Darius) Modified on 4/12/2019 (sj). |
| Filing 43 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Overland Express Co., Inc., re: #34 Amended Complaint. Document filed by Andrew J. Lis. (Marzec, Darius) Modified on 4/12/2019 (sj). |
| Filing 42 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Overland Distribution Co. Inc., re: #34 Amended Complaint. Document filed by Andrew J. Lis. (Marzec, Darius) Modified on 4/12/2019 (sj). |
| Filing 41 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Gulf Premier Logistics, LLC, re: #34 Amended Complaint. Document filed by Andrew J. Lis. (Marzec, Darius) Modified on 4/12/2019 (sj). |
| Filing 40 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Dee Chase-Unno, re: #34 Amended Complaint. Document filed by Andrew J. Lis. (Marzec, Darius) Modified on 4/12/2019 (sj). |
| Filing 39 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Cecil Simmons, re: #34 Amended Complaint. Document filed by Andrew J. Lis. (Marzec, Darius) Modified on 4/12/2019 (sj). |
| Filing 38 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Debbie Lancaster, re: #34 Amended Complaint. Document filed by Andrew J. Lis. (Marzec, Darius) Modified on 4/12/2019 (sj). |
| Filing 37 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Jason M. Lancaster, re: #34 Amended Complaint. Document filed by Andrew J. Lis. (Marzec, Darius) Modified on 4/12/2019 (sj). |
| Filing 36 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Jason M. Lancaster, re: #34 Amended Complaint,. Document filed by Andrew J. Lis. (Marzec, Darius) Modified on 4/12/2019 (sj). |
| Filing 35 AFFIDAVIT OF SERVICE. JP Morgan Chase Bank served on 3/12/2019, answer due 4/2/2019. Service was accepted by Nora Dindyal. Document filed by Andrew J. Lis. (Marzec, Darius) |
| Filing 34 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #30 Amended Complaint against Bank of America, Dee Chase-Unno, Gulf Premier Logistics LLC, JP Morgan Chase Bank, Jal Environmental Services Programs, Debbie Lancaster, Jason M. Lancaster, Overland Distribution Co., Inc., Overland Express Co. Inc., Cecil Simmons with JURY DEMAND.Document filed by Andrew J. Lis. Related document: #30 Amended Complaint. (Attachments: #1 Supplement JURY DEMAND)(Marzec, Darius) Modified on 4/12/2019 (sj). |
| Filing 33 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Gulf Premier Logistics LLC, Jal Environmental Services Programs, Overland Distribution Co., Inc., Overland Express Co. Inc..(Sullivan, Nicole) |
| Filing 32 NOTICE OF APPEARANCE by Nicole Ann Sullivan on behalf of Dee Chase-Unno, Gulf Premier Logistics LLC, Jal Environmental Services Programs, Debbie Lancaster, Jason M. Lancaster, Overland Distribution Co., Inc., Overland Express Co. Inc., Cecil Simmons. (Sullivan, Nicole) |
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Filing 31
NOTICE OF COURT CONFERENCE: Initial Conference set for 4/16/2019 at 11:00 AM in Courtroom 14B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, and as further set forth in this Order. So ordered. (Signed by Judge Jed S. Rakoff on 4/9/2019) (rjm)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Darius Adam Marzec to RE-FILE re: Document No. #30 Amended Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Add parties Bank of America NA and JP Morgan Chase Bank NA. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended 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) |
| Filing 30 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending #26 Amended Complaint, #16 Amended Complaint against Bank of America, Dee Chase-Unno, Gulf Premier Logistics LLC, JP Morgan Chase Bank, Jal Environmental Services Programs, Debbie Lancaster, Jason M. Lancaster, Overland Distribution Co., Inc., Overland Express Co. Inc., Cecil Simmons with JURY DEMAND.Document filed by Andrew J. Lis. Related document: #26 Amended Complaint, #16 Amended Complaint. (Attachments: #1 Supplement JURY DEMAND)(Marzec, Darius) Modified on 4/8/2019 (pc). |
| Filing 29 NOTICE OF APPEARANCE by Robin L. Alperstein on behalf of JP Morgan Chase Bank. (Alperstein, Robin) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Darius Adam Marzec to RE-FILE Document No. #26 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Amended 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) |
| Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JPMorgan Chase & Co. for JP Morgan Chase Bank. Document filed by JP Morgan Chase Bank.(Weiss, Andrea) |
| Filing 27 NOTICE OF APPEARANCE by Andrea Likwornik Weiss on behalf of JP Morgan Chase Bank. (Weiss, Andrea) |
| Filing 26 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending #16 Amended Complaint against All Defendants with JURY DEMAND.Document filed by Andrew J. Lis. Related document: #16 Amended Complaint. (Attachments: #1 Supplement JURY DEMAND)(Marzec, Darius) Modified on 4/5/2019 (pc). |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/3/2019. (Kotowski, Linda) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff:. Initial Conference set for 4/16/2019 at 11:00 AM before Judge Jed S. Rakoff. Oral Argument set for 4/16/2019 at 11:00 AM before Judge Jed S. Rakoff. (Kotowski, Linda) |
| Filing 25 AFFIRMATION of DARIUS A. MARZEC in Support re: #7 MOTION for Preliminary Injunction .. Document filed by Andrew J. Lis. (Marzec, Darius) |
| Filing 24 AFFIRMATION of DARIUS A. MARZEC in Support re: #6 MOTION to Remand to State Court .. Document filed by Andrew J. Lis. (Marzec, Darius) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Darius Adam Marzec to RE-FILE re: Document No. #16 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add parties Bank of America NA and JP Morgan Chase Bank NA; the wrong party/parties whom the pleading is against were selected;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended 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. (jgo) |
| Filing 23 DECLARATION of DARIUS A. MARZEC in Support re: #6 MOTION to Remand to State Court .. Document filed by Andrew J. Lis. (Attachments: #1 Exhibit A (First Amended Verified Complaint))(Marzec, Darius) |
| Filing 22 REPLY AFFIDAVIT of ANDREW J. LIS in Support re: #6 MOTION to Remand to State Court .. Document filed by Andrew J. Lis. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Marzec, Darius) |
| Filing 21 REPLY MEMORANDUM OF LAW in Support re: #6 MOTION to Remand to State Court . . Document filed by Andrew J. Lis. (Marzec, Darius) |
| Filing 20 DECLARATION of DARIUS A. MARZEC in Support re: #7 MOTION for Preliminary Injunction .. Document filed by Andrew J. Lis. (Attachments: #1 Exhibit A (First Amended Verified Complaint))(Marzec, Darius) |
| Filing 19 REPLY AFFIDAVIT of ANDREW J. LIS in Support re: #7 MOTION for Preliminary Injunction .. Document filed by Andrew J. Lis. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Marzec, Darius) |
| Filing 18 REPLY MEMORANDUM OF LAW in Support re: #7 MOTION for Preliminary Injunction . . Document filed by Andrew J. Lis. (Marzec, Darius) |
| Filing 17 DEMAND for Trial by Jury. Document filed by Andrew J. Lis(Marzec, Darius) |
| Filing 16 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT against Andrew J. Lis with JURY DEMAND.Document filed by Andrew J. Lis.(Marzec, Darius) Modified on 4/3/2019 (jgo). |
| Filing 15 ANSWER to Complaint. Document filed by Bank of America.(Weissberg, Aaron) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BANA Holding Corporation, Corporate Parent BAC North America Holding Company, Corporate Parent Bank of America, N.A., Corporate Parent BACNAH, Corporate Parent NB Holdings Corp. for Bank of America. Document filed by Bank of America.(Weissberg, Aaron) |
| Filing 13 NOTICE OF APPEARANCE by Aaron Weissberg on behalf of Bank of America. (Weissberg, Aaron) |
| Filing 12 DECLARATION of Jason M. Lancaster in Opposition re: #7 MOTION for Preliminary Injunction .. Document filed by Dee Chase-Unno, Gulf Premier Logistics LLC, Jal Environmental Services Programs, Debbie Lancaster, Jason M. Lancaster, Overland Distribution Co., Inc., Overland Express Co. Inc., Cecil Simmons. (Attachments: #1 Exhibit A - Promissory Note, #2 Exhibit B - 2017-2018 W-2 Forms for Andrew Lis, #3 Exhibit C- Letter from Klapper & Fass dated May 18, 2016, #4 Exhibit D - Customer E-mails, #5 Exhibit E - Check to US Treasury, #6 Exhibit F - E-mail chain dated October 2018, #7 Exhibit G- Proposed "Memorandum of Understanding Addendum to Operating Agreement", #8 Exhibit H - Proposed "Release", #9 Exhibit I - E-mail dated October 26, 2018, #10 Exhibit J - Letter dated December 20, 2018, re: COBRA, #11 Exhibit K - NY Entity Information, #12 Exhibit L - US Ecology Invoices, #13 Exhibit M - US Ecology Invoices)(Butler, Thomas) |
| Filing 11 MEMORANDUM OF LAW in Opposition re: #7 MOTION for Preliminary Injunction . . Document filed by Dee Chase-Unno, Gulf Premier Logistics LLC, Jal Environmental Services Programs, Debbie Lancaster, Jason M. Lancaster, Overland Distribution Co., Inc., Overland Express Co. Inc., Cecil Simmons. (Butler, Thomas) |
| Filing 10 DECLARATION of Jason M. Lancaster in Opposition re: #6 MOTION to Remand to State Court .. Document filed by Dee Chase-Unno, Gulf Premier Logistics LLC, Jal Environmental Services Programs, Debbie Lancaster, Jason M. Lancaster, Overland Distribution Co., Inc., Overland Express Co. Inc., Cecil Simmons. (Attachments: #1 Exhibit A - TX Corporate Filings for JAL, #2 Exhibit B - TX Taxable Entity Search Results for JAL, #3 Exhibit C- JAL 2017 Tax Return, #4 Exhibit D- JAL Bank Statments, #5 Exhibit E- US Ecology Invoice, #6 Exhibit F - 2017-2018 W2 Forms for Andrew Lis, #7 Exhibit G - Andrew Lis W-4 Form)(Butler, Thomas) |
| Filing 9 DECLARATION of Thomas E. Butler in Opposition re: #6 MOTION to Remand to State Court .. Document filed by Dee Chase-Unno, Gulf Premier Logistics LLC, Jal Environmental Services Programs, Debbie Lancaster, Jason M. Lancaster, Overland Distribution Co., Inc., Overland Express Co. Inc., Cecil Simmons. (Attachments: #1 Exhibit 1 - Summons and Complaint, #2 Exhibit 2- Order to Show Cause filed in State Court Action, #3 Exhibit 3- Appearance Detail for State Court Action, #4 Exhibit 4 - Notice of Removal, #5 Exhibit 5- State Court Notice of Filing Notice of Removal, #6 Exhibit 6 - E-mail from the Court dated March 7, 2019)(Butler, Thomas) |
| Filing 8 MEMORANDUM OF LAW in Opposition re: #6 MOTION to Remand to State Court . . Document filed by Dee Chase-Unno, Gulf Premier Logistics LLC, Jal Environmental Services Programs, Debbie Lancaster, Jason M. Lancaster, Overland Distribution Co., Inc., Overland Express Co. Inc., Cecil Simmons. (Butler, Thomas) |
| Filing 7 MOTION for Preliminary Injunction . Document filed by Andrew J. Lis. Return Date set for 4/2/2019 at 09:00 AM. (Attachments: #1 Affirmation of Service, #2 Memorandum of Law, #3 Affidavit of Andrew J. Lis, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Exhibit AA, #30 Exhibit BB, #31 Exhibit CC, #32 Exhibit DD, #33 Exhibit EE, #34 Exhibit FF, #35 Exhibit GG, #36 Exhibit HH, #37 Exhibit II, #38 Exhibit JJ, #39 Exhibit KK, #40 Exhibit LL, #41 Exhibit MM)(Marzec, Darius) |
| Filing 6 MOTION to Remand to State Court . Document filed by Andrew J. Lis. (Attachments: #1 Text of Proposed Order, #2 Affirmation of Service, #3 Memo of Law, #4 Affidavit of Plaintiff Andrew J. Lis, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K, #16 Exhibit L, #17 Exhibit M, #18 Exhibit N, #19 Exhibit O, #20 Exhibit P, #21 Exhibit Q, #22 Declaration of Darius A. Marzec, #23 Exhibit A to Declaration, #24 Exhibit B to Declaration)(Marzec, Darius) |
| Filing 5 NOTICE OF APPEARANCE by Darius Adam Marzec on behalf of Andrew J. Lis. (Marzec, Darius) |
| Filing 4 CIVIL COVER SHEET filed. (Butler, Thomas) |
| Filing 3 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650855/2019..Document filed by Gulf Premier Logistics LLC, Debbie Lancaster, Overland Distribution Co., Inc., Jal Environmental Services Programs, Jason M. Lancaster, Overland Express Co. Inc., Cecil Simmons, Dee Chase-Unno. (Attachments: #1 Exhibit A - Summons and Complaint filed in State Court Action, #2 Exhibit B - List of Documents filed in State Court Action, #3 Exhibit C - all other documents filed in State Court Action, #4 Exhibit D - Corporation Documents - JAL Environmental Services Programs, Inc., #5 Exhibit E - Notice of Filing Notice of Removal)(Butler, Thomas) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Thomas Edward Butler to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code - no selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Thomas Edward Butler to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): due to party modification, the wrong filer/filers were selected for the pleading; 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 Thomas Edward Butler. The party information for the following party/parties has been modified: Andrew J. Lis; Jal Environmental Services Programs; JP Morgan Chase Bank; Bank of Americ. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; alias party name was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Thomas Edward Butler. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Dollar Demand $1000000000; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1441; the Dollar Demand has been modified to $1000000; the County code has been modified to XX Out of State;. (jgo) |
| Magistrate Judge Robert W. Lehrburger 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 Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Butler, Thomas) Modified on 2/15/2019 (jgo). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650855/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-16350444).Document filed by Gulf Premier Logistics LLC, Debbie Lancaster, Overland Distribution Co., Inc., JAL Environmental Services Programs Inc., Jason M. Lancaster, Overland Express Co. Inc., Cecil Simmons, Dee Chase-Unno. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Butler, Thomas) Modified on 2/15/2019 (jgo). |
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