M&R Capital Management, Inc. v. The Curchin Group, LLC et al
Plaintiff: M & R Capital Management, Inc
Defendant: The Curchin Group, LLC, Robert C Fouratt, Robert C. Fouratt, CPA and Richard T. Diver
Alternative Dispute Resolution (Adr) Provider: Mr. Richard T. Diver
Case Number: 1:2019cv04821
Filed: May 23, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Loretta A Preska
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 3, 2019 Opinion or Order Filing 27 MEMO ENDORSEMENT on re: #26 Letter filed by Robert C. Fouratt, CPA, The Curchin Group, LLC. ENDORSEMENT: Having reviewed dkt. nos. 24, 25 and 26, all claims in this action, including those against the Curchin Defendants are stayed pending the completion of Mr. Diver's criminal proceeding. SO ORDERED. Case stayed. (Signed by Judge Loretta A. Preska on 7/2/2019) (kv)
July 2, 2019 Filing 26 LETTER addressed to Judge Loretta A. Preska from John H. Eickemeyer dated July 2, 2019 re: Stay of Claims. Document filed by Robert C. Fouratt, CPA, The Curchin Group, LLC.(Eickemeyer, John)
July 2, 2019 Filing 25 LETTER addressed to Judge Katherine Polk Failla from Joseph E. Gasperetti dated July 2, 2019 re: Opposition to Complete Stay and Related Cases. Document filed by M & R Capital Management, Inc.(Gasperetti, Joseph)
July 2, 2019 CASE ACCEPTED AS RELATED. Create association to 1:19-cv-02771-LAP. Notice of Assignment to follow. (ad)
July 2, 2019 NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Katherine Polk Failla is no longer assigned to the case. (ad)
July 1, 2019 Filing 24 LETTER addressed to Judge Katherine Polk Failla from John H. Eickemeyer dated July 1, 2019 re: Stay and Transfer. Document filed by Robert C. Fouratt, CPA, The Curchin Group, LLC.(Eickemeyer, John)
July 1, 2019 Filing 23 NOTICE OF APPEARANCE by Ashley Bryne Huddleston on behalf of Robert C. Fouratt, CPA, The Curchin Group, LLC. (Huddleston, Ashley)
June 28, 2019 Filing 22 LETTER addressed to Judge Katherine B. Forrest from Joseph E. Gasperetti dated June 28, 2019 re: Stay and Related Cases. Document filed by M & R Capital Management, Inc.(Gasperetti, Joseph)
June 28, 2019 Filing 21 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/18/2019 at 02:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 6/27/2019) (rro)
June 26, 2019 Filing 20 LETTER addressed to Judge Katherine Polk Failla from Richard T. Diver dated 6/20/2019 re: extension of time to file a response to the complaint. Document filed by Richard T. Diver.(rro)
June 19, 2019 Filing 19 AFFIDAVIT OF SERVICE. Richard T. Diver served on 6/11/2019, answer due 7/2/2019. Service was accepted by Andrew Lee. Service was made by Mail. Document filed by M & R Capital Management, Inc. (Gasperetti, Joseph)
June 17, 2019 Opinion or Order Filing 18 ORDER granting #17 Letter Motion for Extension of Time to Answer re #1 Complaint. Application GRANTED. SO ORDERED. (Robert C. Fouratt, CPA answer due 7/12/2019; The Curchin Group, LLC answer due 7/12/2019.) (Signed by Judge Katherine Polk Failla on 6/14/2019) (rro)
June 14, 2019 Filing 17 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Katherine Polk Failla from John H. Eickemeyer dated June 14, 2019. Document filed by Robert C. Fouratt, CPA, The Curchin Group, LLC.(Eickemeyer, John)
June 14, 2019 Filing 16 NOTICE OF APPEARANCE by John H. Eickemeyer on behalf of Robert C. Fouratt, CPA, The Curchin Group, LLC. (Eickemeyer, John)
June 12, 2019 Filing 15 AFFIDAVIT OF SERVICE. Robert C. Fouratt, CPA served on 5/31/2019, answer due 6/21/2019. Service was accepted by Robert C. Fouratt. Document filed by M & R Capital Management, Inc. (Gasperetti, Joseph)
June 12, 2019 Filing 14 AFFIDAVIT OF SERVICE of Complaint served on The Curchin Group on 5/31/19. Service was accepted by Robert Fouratt. Document filed by M & R Capital Management, Inc. (Gasperetti, Joseph)
May 30, 2019 Filing 13 ELECTRONIC SUMMONS ISSUED as to Richard T. Diver. (dnh)
May 29, 2019 Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Richard T. Diver, re: #1 Complaint,. Document filed by M & R Capital Management, Inc. (Gasperetti, Joseph)
May 29, 2019 Filing 11 ELECTRONIC SUMMONS ISSUED as to Robert C. Fouratt, CPA. (dnh)
May 29, 2019 Filing 10 ELECTRONIC SUMMONS ISSUED as to The Curchin Group, LLC. (dnh)
May 29, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Joseph E. Gasperetti to RE-FILE Document No. #9 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As to' Error; the docket entry must reflect the party as to whom the summons is being requested. 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. (dnh)
May 28, 2019 Filing 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint,. Document filed by M & R Capital Management, Inc. (Gasperetti, Joseph) Modified on 5/29/2019 (dnh).
May 28, 2019 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Robert C Fouratt, CPA, re: #1 Complaint,. Document filed by M & R Capital Management, Inc. (Gasperetti, Joseph)
May 28, 2019 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to The Curchin Group, LLC, re: #1 Complaint,. Document filed by M & R Capital Management, Inc. (Gasperetti, Joseph)
May 28, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joseph E. Gasperetti. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 370 (Other Fraud); Citizenship Plaintiff code 1 (Citizen of This State); Dollar Demand $10,000,000,000; Fee Status code due (due). The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 190 (Contract: Other); the Citizenship Plaintiff code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Dollar Demand has been modified to $9,999,000; the Fee Status code has been modified to pd (paid). (sj)
May 28, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joseph E. Gasperetti to RE-FILE Document No. #1 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 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)
May 28, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph E. Gasperetti. The party information for the following party/parties has been modified: Robert C. Fouratt, CPA. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj)
May 28, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Joseph E. Gasperetti to RE-FILE Document No. #6 Request for Issuance of Summons, #4 Request for Issuance of Summons, #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the date field on the offical A.O. Summons form was completed by the attorney. 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)
May 28, 2019 Case Designated ECF. (sj)
May 28, 2019 Magistrate Judge Henry B. Pitman 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. (sj)
May 28, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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. (sj)
May 24, 2019 Filing 6 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by M & R Capital Management, Inc. (Gasperetti, Joseph) Modified on 5/28/2019 (sj).
May 24, 2019 Filing 5 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Robert C Fouratt, CPA, re: #1 Complaint. Document filed by M & R Capital Management, Inc. (Gasperetti, Joseph) Modified on 5/28/2019 (sj).
May 24, 2019 Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to The Curchin Group, LLC, re: #1 Complaint. Document filed by M & R Capital Management, Inc. (Gasperetti, Joseph) Modified on 5/28/2019 (sj).
May 24, 2019 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by M & R Capital Management, Inc.(Gasperetti, Joseph)
May 24, 2019 Filing 2 CIVIL COVER SHEET filed. (Gasperetti, Joseph)
May 24, 2019 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-16954964)Document filed by M & R Capital Management, Inc.(Gasperetti, Joseph) Modified on 5/28/2019 (sj).
May 24, 2019 ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Joseph E. Gasperetti to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 5/29/2019. (sj)

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Defendant: The Curchin Group, LLC
Represented By: Ashley Bryne Huddleston
Represented By: John H. Eickemeyer
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Defendant: Robert C Fouratt
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Defendant: Robert C. Fouratt, CPA
Represented By: Ashley Bryne Huddleston
Represented By: John H. Eickemeyer
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Defendant: Richard T. Diver
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Alternative dispute resolution (adr) provider: Mr. Richard T. Diver
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Plaintiff: M & R Capital Management, Inc
Represented By: Joseph E. Gasperetti
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