Poleo-Isava v. Helmwell Limited et al
| Rafael David Poleo-Isava |
| Helmwell Limited, A Bristish Virgin Islands Corporation, Jorge Casado-Salicetti, Helmwell Limited and The Estate of Jorge Casado-Salicetti |
| 1:2019cv06889 |
| July 24, 2019 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 fc |
| None |
Docket Report
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This docket was last retrieved on April 6, 2020. A more recent docket listing may be available from PACER.
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Filing 27
ORDER: granting #26 Motion to Amend/Correct ; granting #26 Motion to Substitute Party. Accordingly, Plaintiff's motion is granted. The Clerk of Court is directed to substitute "The Estate of Jorge Casado-Salicetti" for "Jorge Casado-Salicetti" in the caption of this case and to terminate the motion pending at Dkt No. 26. SO ORDERED. Jorge Casado-Salicetti terminated. (Signed by Judge Gregory H. Woods on 2/10/2020) (ama)
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| Filing 26 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct ., MOTION to Substitute Party. Old Party: JORGE CASADO SALICETTI, New Party: THE ESTATE OF JORGE CASADO SALICETTI . Document filed by Rafael David Poleo-Isava..(Yuniver, Steven) Modified on 2/25/2020 (db). |
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Filing 25
ORDER: As the Court stated on the record during the initial pretrial conference held on November 14, 2019, the Court notes that Defendant's answer states that Jorge Casado Salicetti is deceased. Dkt. No. 21, Paragraph 4. The Court construes this as a "statement noting [a] death" under Federal Rule of Civil Procedure 25(a)(1). That rule states that if, after the death of a party, a motion for substitution "is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed." Fed. R. Civ. P. 25(a)(1). Therefore, Plaintiff has until February 10, 2020 to make a motion for substitution. SO ORDERED., ( Motions due by 2/10/2020.) (Signed by Judge Gregory H. Woods on 11/15/2019) (ama)
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Filing 24
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER:All parties consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have taken place. All counsel must confer to discuss settlement within 14 days following the close of fact discovery. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 2 days. Motions due by 3/18/2020. Deposition due by 1/31/2020. Fact Discovery due by 2/18/2020. Expert Discovery due by 2/18/2020. Status Conference set for 4/13/2020 at 04:30 PM before Judge Gregory H. Woods. A joint letter updating the Court on the status of the case shall be filed on ECF by April 6, 2020. (And as further set forth in this Order.) SO ORDERED. (Signed by Judge Gregory H. Woods on 11/15/2019) (jca)
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 11/14/2019. (Court Reporter Rose Prater) (Daniels, Anthony) |
| Filing 23 PROPOSED CASE MANAGEMENT PLAN. Document filed by Rafael David Poleo-Isava. (Attachments: #1 JOINT STATUS LETTER) (Yuniver, Steven) |
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Filing 22
ORDER: In the Court's order dated July 31, 2019, Dkt No. 5, the parties were directed to submit a joint status letter and proposed case management plan to the Court no later than September 23, 2019. That deadline was subsequently extended to November 7, 2019. Dkt No. 20. The Court has not received the joint letter or proposed case management plan. The parties are directed to comply with the Court's July 13, 2019 order forthwith. (Signed by Judge Gregory H. Woods on 11/12/2019) (mro)
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| Filing 21 ANSWER to #4 Complaint,. Document filed by Helmwell Limited.(Kaye, Richard) |
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Filing 20
ORDER: granting #19 Letter Motion for Extension of Time to Answer. Application granted. The deadline for Defendants to answer or otherwise respond to the complaint is extended until October 31, 2019. In addition, the initial conference scheduled for September 30, 2019 is adjourned until November 14, 2019 at 4 p.m. The joint letter and an updated case management plan as described in the Court's July 31, 2019 Order, Dkt No. 5, are due no later than November 7, 2019. SO ORDERED. Helmwell Limited answer due 10/31/2019. (Signed by Judge Gregory H. Woods on 9/26/2019) (ama)
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| Set/Reset Hearings: Initial Conference set for 11/14/2019 at 04:00 PM before Judge Gregory H. Woods. (ama) |
| Filing 19 LETTER MOTION for Extension of Time to File Answer and request an adjournment addressed to Judge Gregory H. Woods from Richard Kaye dated 9/25/2019. Document filed by Helmwell Limited.(Kaye, Richard) |
| Filing 18 RULE 26 DISCLOSURE.Document filed by Rafael David Poleo-Isava.(Yuniver, Steven) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Helmwell Limited.(Kaye, Richard) |
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Filing 16
MEMO ENDORSEMENT: on re: #15 Proposed Stipulation and Order filed by Helmwell Limited. ENDORSEMENT: Application granted. The deadline for Defendants to answer or otherwise respond to the complaint is extended to September 27, 2019. SO ORDERED., Jorge Casado-Salicetti answer due 9/27/2019; Helmwell Limited answer due 9/27/2019. (Signed by Judge Gregory H. Woods on 8/29/2019) (ama)
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| Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by Helmwell Limited. (Attachments: #1 Text of Proposed Order) (Kaye, Richard) |
| Filing 14 NOTICE OF APPEARANCE by Richard Paul Kaye on behalf of Helmwell Limited. (Kaye, Richard) |
| Filing 13 NOTICE OF APPEARANCE by Richard Paul Kaye on behalf of Helmwell Limited. (Kaye, Richard) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,. Helmwell Limited served on 8/9/2019, answer due 8/30/2019. Service was accepted by SUZ ZOUKY BUSINESS DOCUMENT SPECIALIST. Document filed by Rafael David Poleo-Isava. (Yuniver, Steven) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Helmwell Limited. (dnh) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Jorge Casado-Salicetti. (dnh) |
| Civil Case Opening Fee Refunded: for [4 Complaint. Filing fee refunded for Receipt number ANYSDC-17313978, for the following reason(s): duplicate payment. (jom) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to HELMWELL LIMITED, A BRITISH VIRGIN ISLANDS CORPORATION, re: #4 Complaint,. Document filed by Rafael David Poleo-Isava. (Yuniver, Steven) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to JORGE CASADO SALICETTI, re: #4 Complaint,. Document filed by Rafael David Poleo-Isava. (Yuniver, Steven) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Steven Ross Yuniver to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As to' Error; the summons request docket entry must list the parties as to whom the summons is being issued. 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) |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #4 Complaint,. Document filed by Rafael David Poleo-Isava. (Yuniver, Steven) Modified on 8/2/2019 (dnh). |
| Filing 6 CIVIL COVER SHEET filed. (Yuniver, Steven) |
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court at the time and place listed below. DUE DATE OF JOINT LETTER and PROPOSED CASE MANAGEMENT PLAN: September 23, 2019. DATE AND PLACE OF CONFERENCE: September 30, 2019 at 3:30 p.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. And as set forth herein. SO ORDERED. Initial Conference set for 9/30/2019 at 03:30 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 7/31/2019) (ama)
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| Case Designated ECF. (pne) |
| 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. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Steven Ross Yuniver to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): caption error; if all names do not fit in the space provided, use "et al" after the name of the first listed plaintiff and defendant; name of the party/parties the summons is being requested for must be entered in the docket entry text; summons not linked to a 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. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Steven Ross Yuniver to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): no Basis of Jurisdiction selected; caption error; if all names do not fit in the space provided, use "et al" after the name of the first listed plaintiff and defendant. 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.. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Steven Ross Yuniver re: Document No. #4 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; John Doe "1" through "10" (with party text) must be added to the case. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. ***DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS*** (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Steven Ross Yuniver. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,105,328,000; County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none; no dollar demand entered on civil cover sheet; the County code has been modified to XX Out of State. (pne) |
| Filing 4 COMPLAINT against Rafael David Poleo-Isava, Jorge Casado-Salicetti. (Filing Fee $ 400.00, Receipt Number ANYSDC-17313978)Document filed by Rafael David Poleo-Isava. (Attachments: #1 Exhibit A Schedule A, #2 Exhibit B Deed, #3 Exhibit C Mortgage, #4 Exhibit D Promissory Note, #5 Exhibit E Continuing Guaranty., #6 Exhibit F 90-Day Default Notice, #7 Exhibit G Appointment of Alternative Shareholder)(Yuniver, Steven) |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST As To ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to RAFAEL DAVID POLEO ISAVA, re: 1 Complaint. Document filed by Rafael David Poleo-Isava. (Yuniver, Steven) Modified on 7/26/2019 (pne). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Yuniver, Steven) Modified on 7/26/2019 (pne). |
| Civil Case Opening Fee Paid electronically via Pay.gov: for 1 Complaint. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-17306280, paid on 7/24/2019. (pne) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Steven Ross Yuniver 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 7/30/2019. (pne) |
| ***DELETED DOCUMENT. Deleted document number 1 COMPLAINT - "EASTERN DISTRICT OF NEW YORK". The document was incorrectly filed in this case. (pne) |
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