Hollis Care Group Inc. et al v. Small Business Administration et al
| Medi-system Renal Care Management LLC, Jacques Antoine, Garaudy Antoine and Hollis Care Group Inc. |
| Linda McMahon, Small Business Administration (SBA), UNITED STATES OF AMERICA and Small Business Administration |
| Dr Jacques Antoine and Dr. Garaudy Antoine |
| 1:2019cv05695 |
| June 18, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Other Fraud |
| 28 U.S.C. § 1331 tt |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 19, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 21
ORDER TO SHOW CAUSE. Plaintiffs are hereby ORDERED to show cause in writing by August 23, 2019 why their case should not be dismissed for failure to prosecute, why Defendants' motion to dismiss should not be granted as unopposed, and why any further amendment of the complaint would not be futile for the reasons set forth in Defendants' letter of August 15, 2019. Failure to show good cause or to file anything by that deadline will result in dismissal of this action for failure to prosecute or the granting of Defendants' motion to dismiss as unopposed. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/15/19) (yv)
|
| Filing 20 LETTER addressed to Judge Jesse M. Furman from Alexander J. Hogan dated August 15, 2019 re: Plaintiffs' failure to file an amended complaint or opposition to Defendants' motion to dismiss. Document filed by Linda McMahon, Small Business Administration, United States Of America.(Hogan, Alexander) |
|
Filing 19
ORDER granting #18 Letter Motion for Extension of Time to Amend. Plaintiffs' deadline to file an amended complaint (or an opposition to Defendants' motion to dismiss) is hereby EXTENDED, nunc pro tunc, to August 14, 2019. The parties shall otherwise proceed according to the schedule set forth in the Court's Order of July 17, 2019. See ECF No. #13 . In addition, the Court's Order to Show Cause dated August 7, 2019 is VACATED. Finally, the Court reminds counsel that notwithstanding any problems receiving documents through email or postal mail, she filed a notice of appearance in this case on August 2, 2019, ECF No. #15 , and it is her duty as an ECF filing user "to regularly review the docket sheet of the case," SDNY ECF Rules & Instructions 9.1. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
|
| Filing 18 FIRST LETTER MOTION for Extension of Time to Amend #13 Order,,,, Set Deadlines,,, #14 Certificate of Service Other, Assistant United States Attorney Alexander A. Hogan addressed to Judge Jesse M. Furman from Regina Felton dated 08/09/2019. Document filed by Jacques Antoine.(Felton, Regina) |
|
Filing 17
ORDER TO SHOW CAUSE: On July 16, 2019, Defendants filed a motion to dismiss. See ECF No. 10. Plaintiffs have not submitted an opposition to that motion, which was due by August 6, 2019. See ECF No. 13. Accordingly, it is hereby ORDERED that, no later than one week from the date of this Order, Plaintiffs shall show good cause in writing why Defendants' motion should not be deemed unopposed. Failure to show such good cause (or otherwise indicate an intention to proceed with the lawsuit) may result in Defendants' motion being granted as unopposed, or in dismissal of the case for abandonment or failure to prosecute pursuant to Rule 41 of the Federal Rules of Civil Procedure-a possibility about which the Court has already warned Plaintiffs once before, see ECF No. 13, at 2. (Signed by Judge Jesse M. Furman on 8/7/2019) (mro)
|
| Filing 16 LETTER addressed to Judge Jesse M. Furman from Alexander J. Hogan dated August 7, 2019 re: Plaintiffs' failure to amend their complaint or oppose Defendants' motion to dismiss. Document filed by Linda McMahon, Small Business Administration, United States Of America.(Hogan, Alexander) |
| Filing 15 NOTICE OF APPEARANCE by Regina Felton on behalf of Hollis Care Group Inc., Garaudy Antoine, Jacques Antoine. (Felton, Regina) |
| Filing 14 CERTIFICATE OF SERVICE of Court's July 17, 2019, Order served on Plaintiffs' counsel on July 17, 2019. Service was made by Mail. Document filed by Linda McMahon, Small Business Administration, United States Of America. (Hogan, Alexander) |
|
Filing 13
ORDER: Accordingly, it is hereby ORDERED that Plaintiffs shall file any amended complaint by August 6, 2019. Plaintiffs will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiffs do amend, by three (3) weeks after the amended complaint is filed, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that they rely on the previously filed motion to dismiss. If Defendants file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendants file a new motion to dismiss, any opposition is due within fourteen days of its filing, and any reply is due within seven days of any opposition's filing. (Amended Pleadings due by 8/6/2019.) (Signed by Judge Jesse M. Furman on 7/17/2019) (ne)
|
| Filing 12 DECLARATION of Eric S. Benderson in Support re: #10 MOTION to Dismiss .. Document filed by Linda McMahon, Small Business Administration, United States Of America. (Hogan, Alexander) |
| Filing 11 MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss . . Document filed by Linda McMahon, Small Business Administration, United States Of America. (Hogan, Alexander) |
| Filing 10 MOTION to Dismiss . Document filed by Linda McMahon, Small Business Administration, United States Of America. Responses due by 7/30/2019 (Attachments: #1 Certificate of Service)(Hogan, Alexander) |
| Filing 9 CERTIFICATE OF SERVICE of Court's June 24, 2019, order served on Plaintiffs on June 24, 2019. Service was made by Mail. Document filed by Linda McMahon, Small Business Administration, United States Of America. (Hogan, Alexander) |
|
Filing 8
ORDER granting #5 Letter Motion for Extension of Time. Application GRANTED. The deadline to answer or otherwise respond to the Complaint is hereby EXTENDED to July 19, 2019. If counsel for Plaintiffs has not entered an appearance on ECF as of the date of this Order, counsel for Defendants is directed to serve a copy of this Order on Plaintiffs by overnight mail. The Clerk of Court is directed to terminate Docket No. 5. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/24/2019) (ne)
|
| Set/Reset Deadlines: Linda McMahon answer due 7/19/2019. (ne) |
| Filing 7 CERTIFICATE OF SERVICE of Court's June 21 Order served on Plaintiffs on June 21, 2019. Service was made by Mail. Document filed by Linda McMahon, Small Business Administration, United States Of America. (Hogan, Alexander) |
|
Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/7/2019 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (As further set forth in this order) (Signed by Judge Jesse M. Furman on 6/21/2019) (ne)
|
| Filing 5 LETTER MOTION for Extension of Time to file a responsive pleading addressed to Judge Jesse M. Furman from Alexander J. Hogan dated June 20, 2019. Document filed by Linda McMahon, Small Business Administration, United States Of America.(Hogan, Alexander) |
| Filing 4 CERTIFICATE OF SERVICE of Case Initiating Documents served on Felton & Associates on June 20, 2019. Service was made by Mail. Document filed by Linda McMahon, Small Business Administration, United States Of America. (Hogan, Alexander) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alexander James Hogan. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331tt; Origin code 1 (Original Proceeding). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:2679d2; the Origin code has been modified to 2 (Removal from State Court). (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alexander James Hogan. The party information for the following party/parties has been modified: UNITED STATES OF AMERICA ; Small Business Administration (SBA). The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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. (dnh) |
| Case Designated ECF. (dnh) |
| Magistrate Judge Stewart D. Aaron 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. (dnh) |
| Filing 3 NOTICE OF REMOVAL from New York, County of New York. Case Number: 653506/2018..Document filed by Small Business Administration (SBA), UNITED STATES OF AMERICA, Linda McMahon.(Hogan, Alexander) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alexander James Hogan to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Et al may not be used in the caption on the initial pleading, all parties must be listed in the caption of the initial pleading. 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 6/24/2019. (dnh) |
| Filing 2 CIVIL COVER SHEET filed. (Hogan, Alexander) |
| Filing 1 FILING ERROR - PDF ERROR - NOTICE OF REMOVAL from Supreme Court, County of New york. Case Number: 653506/2018..Document filed by Small Business Administration (SBA), UNITED STATES OF AMERICA, Linda McMahon. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hogan, Alexander) Modified on 6/19/2019 (dnh). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
