Chorba v. Northern Leasing Systems, Inc.
| Stephen L. Chorba |
| Northern Leasing Systems Inc. |
| 1:2019cv08731 |
| September 20, 2019 |
| US District Court for the Southern District of New York |
| George B Daniels |
| Contract: Other |
| 28 U.S.C. § 1332 pr |
| Both |
Docket Report
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| Filing 67 AMENDED MOTION for George Thomas Breur to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Stephen L. Chorba. (Attachments: #1 Text of Proposed Order)(Breur, George) |
| Filing 66 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for George Thomas Breur to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17894879. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Stephen L. Chorba. (Attachments: #1 Text of Proposed Order)(Breur, George) Modified on 11/5/2019 (aea). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #66 FIRST MOTION for George Thomas Breur to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17894879. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida;. 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. (aea) |
Filing 65
INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/22/2020 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels, as further set forth in this order. (Signed by Judge George B. Daniels on 9/23/2019) (jwh)
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| Filing 64 CASE TRANSFERRED IN from the United States District Court - District of Florida Southern; Case Number: 0:19-cv-60452. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge James L. Cott 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. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge George B. Daniels. 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. (sjo) |
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Filing 63
ORDER Granting 14 Motion to Change Venue. This case is hereby TRANSFERRED to the United States District Court for the Southern District of New York pursuant to a forum selection clause in the operative contract. Signed by Judge Rodolfo A Ruiz on 9/13/2019. See attached document for full details. (gp) [Transferred from Florida Southern on 9/20/2019.]
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| Civil Case Terminated. Closing Case. Per ECF No. #63 Order. (gp) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 62 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A Ruiz: Motion Hearing held on 9/10/2019 re #42 Supplement Motion to Transfer Venue filed by Northern Leasing Systems, Inc., #41 Motion to Dismiss filed by Northern Leasing Systems, Inc., 14 Defendant's MOTION filed by Northern Leasing Systems, Inc. Argument heard. Order to follow. Attorney Appearance(s): George Thomas Breur, Daniel P. Dietrich via telephone, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp) [Transferred from Florida Southern on 9/20/2019.] |
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Filing 61
AMENDED PAPERLESS ORDER Setting Hearing on 14 Defendant's Motion to Change Venue, #42 MOTION Supplement Motion to Transfer Venue, and #41 MOTION to Dismiss: **DATE CHANGE ONLY** Motion Hearing set for 9/10/2019 03:30 PM in Fort Lauderdale Division before Judge Rodolfo A Ruiz. Signed by Judge Rodolfo A Ruiz on 9/9/2019. (btr) [Transferred from Florida Southern on 9/20/2019.]
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Filing 60
ORDER Setting Hearing on 14 Defendant's Motion to Change Venue, #42 Defendant's Motion Supplement Motion to Transfer Venue, and #41 Defendant's Motion to Dismiss Amended Complaint. Motion Hearing set for 9/9/2019 04:00 PM in Fort Lauderdale Division before Judge Rodolfo A Ruiz. Signed by Judge Rodolfo A Ruiz on 9/9/2019. See attached document for full details. (btr) [Transferred from Florida Southern on 9/20/2019.]
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Filing 59
RULE 502(d) ORDER Signed by Magistrate Judge Barry S. Seltzer on 8/27/2019. See attached document for full details. (kpe) [Transferred from Florida Southern on 9/20/2019.]
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Filing 58
PAPERLESS ORDER SETTING DISCOVERY PROCEDURES. No discovery motions shall be filed with the Court unless specifically authorized by Order. In the event a discovery dispute does arise, counsel are instructed to meet and confer in a good faith attempt to resolve the dispute. If, after conferring, the parties cannot resolve their discovery dispute, the movant must seek relief within 14 days after the grounds for relief occur by contacting the undersigneds Chambers (954-769-5450) and scheduling a discovery hearing. The movant shall have first conferred with opposing counsel and obtained three alternative dates and times that both counsel are available for a hearing. The attorney or other person with knowledge who telephones the Court shall have the following information: (a) the nature of the discovery dispute; (b) the efforts made to confer with opposing counsel; and (c) three agreed upon dates for a hearing. The Court will then set the matter for hearing and order the parties to submit a joint status report on the issues. Where there has been a complete failure to respond to discovery, and where good faith efforts have been made (without success) to obtain that discovery, counsel need not obtain agreed upon dates, but shall so inform the Court telephonically of the issue, and the Court will set the matter for hearing. Finally, when the parties have stipulated to the entry of an order, such as stipulated confidentiality order, the parties shall not file a motion for entry of the stipulated order. Instead, counsel shall email to Chambers (seltzer@flsd.uscourts.gov) a copy of the proposed stipulated order in Word or WordPerfect format, with a statement that the parties have agreed to entry of the proposed order. Signed by Magistrate Judge Barry S. Seltzer on 8/27/2019. (pb00) [Transferred from Florida Southern on 9/20/2019.]
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Filing 57
PAPERLESS ORDER referring this case to Magistrate Judge Barry S. Seltzer for discovery matters. Signed by Judge Rodolfo A Ruiz on 8/27/2019. (btr) [Transferred from Florida Southern on 9/20/2019.]
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| Filing 56 Joint MOTION for Discovery Pursuant to Rule 502(d) by Northern Leasing Systems, Inc.. Responses due by 9/6/2019 (Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 55 Defendant's REPLY to #52 Response in Opposition to Motion to Dismiss by Northern Leasing Systems, Inc.. (Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
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Filing 54
PAPERLESS ORDER granting #53 Motion for Extension of Time. Defendant shall file a Reply to it's Motion to Dismiss #41 by July 26, 2019. Signed by Judge Rodolfo A Ruiz on 7/18/2019. (btr) [Transferred from Florida Southern on 9/20/2019.]
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| Filing 53 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #52 Response in Opposition to Motion to Dismiss by Northern Leasing Systems, Inc.. (Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 52 RESPONSE in Opposition re #41 MOTION to Dismiss #38 Amended Complaint filed by Stephen L. Chorba. Replies due by 7/19/2019. (Breur, George) [Transferred from Florida Southern on 9/20/2019.] |
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Filing 51
PAPERLESS ORDER granting #50 Motion for Leave to File Brief in Excess of Twenty Pages. Plaintiff's Response to Defendant's Motion to Dismiss #41 may be up to twenty-five (25) pages in length. Signed by Judge Rodolfo A Ruiz on 7/11/2019. (btr) [Transferred from Florida Southern on 9/20/2019.]
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| Filing 50 Unopposed MOTION for Leave to File Brief in Excess of Twenty Pages by Stephen L. Chorba. (Attachments: #1 Text of Proposed Order)(Breur, George) [Transferred from Florida Southern on 9/20/2019.] |
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Filing 49
PAPERLESS ORDER granting #48 Motion for Extension of Time. Plaintiff shall respond to Defendant's Motion to Dismiss #41 by July 12, 2019. No further extensions for Plaintiff to respond to Defendant's Motion to Dismiss will be granted. Signed by Judge Rodolfo A Ruiz on 6/28/2019. (btr) [Transferred from Florida Southern on 9/20/2019.]
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| Filing 48 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #41 MOTION to Dismiss #38 Amended Complaint by Stephen L. Chorba. (Attachments: #1 Exhibit)(Breur, George) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 47 REPLY IN SUPPORT to Motion re #42 MOTION Supplement Motion to Transfer Venue re #23 Reply to Response to Motion, filed by Northern Leasing Systems, Inc.. Replies due by 6/28/2019. (Dietrich, Daniel) Modified text on 6/24/2019 (kpe). [Transferred from Florida Southern on 9/20/2019.] |
| Filing 46 RESPONSE in Opposition re #42 MOTION Supplement Motion to Transfer Venue re #23 Reply to Response to Motion, filed by Stephen L. Chorba. Replies due by 6/21/2019. (Breur, George) [Transferred from Florida Southern on 9/20/2019.] |
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Filing 45
PAPERLESS ORDER denying as moot #33 Motion to Dismiss for Failure to State a Claim. Signed by Judge Rodolfo A Ruiz on 6/11/2019. (btr) [Transferred from Florida Southern on 9/20/2019.]
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Filing 44
PAPERLESS ORDER granting #43 Motion for Extension of Time. Plaintiff shall file a response to the Motion to Dismiss #41 on or before June 28, 2019. Signed by Judge Rodolfo A Ruiz on 6/11/2019. (btr) [Transferred from Florida Southern on 9/20/2019.]
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| Filing 43 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #41 MOTION to Dismiss #38 Amended Complaint by Stephen L. Chorba. (Attachments: #1 Text of Proposed Order)(Breur, George) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 42 MOTION Supplement Motion to Transfer Venue re #23 Reply to Response to Motion, by Northern Leasing Systems, Inc.. (Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 41 MOTION to Dismiss #38 Amended Complaint by Northern Leasing Systems, Inc.. Responses due by 6/14/2019 (Attachments: #1 Exhibit Exhibit A to Motion to Dismiss)(Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
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Filing 40
Paperless Order Granting Defendant's Motion for Extension of Time to Respond to the First Amended Complaint #39 . Defendant shall file an Answer or otherwise respond to the First Amended Complaint by May 31, 2019. Signed by Judge Rodolfo A Ruiz on 5/21/2019. (btr) [Transferred from Florida Southern on 9/20/2019.]
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| Filing 39 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #38 Amended Complaint by Northern Leasing Systems, Inc.. (Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 38 First AMENDED COMPLAINT against Northern Leasing Systems, Inc., filed by Stephen L. Chorba. (Attachments: #1 Exhibit A)(Breur, George) [Transferred from Florida Southern on 9/20/2019.] |
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Filing 37
CERTIFICATION AND ORDER OF TRANSFER TO MAGISTRATE JUDGE. Magistrate Judge Barry S. Seltzer added. Magistrate Judge Alicia O. Valle no longer assigned to case. Signed by Magistrate Judge Alicia O. Valle on 5/7/2019. See attached document for full details. (bms) [Transferred from Florida Southern on 9/20/2019.]
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Filing 36
ORDER OF REASSIGNMENT to Judge Rodolfo A Ruiz for all further proceedings, Judge Kathleen M. Williams no longer assigned to case. Signed by Judge Kathleen M. Williams on 5/7/2019. See attached document for full details. (yar) [Transferred from Florida Southern on 9/20/2019.]
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Filing 35
PAPERLESS ORDER denying as moot #31 Motion for Extension of Time. In light of Defendant's filing of a motion to dismiss for failure to state a claim, the motion for extension of time #31 is DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 5/6/2019. (dpa) [Transferred from Florida Southern on 9/20/2019.]
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Filing 34
ORDER denying #22 Motion to Stay. Signed by Judge Kathleen M. Williams on 5/6/2019. See attached document for full details. (dpa) [Transferred from Florida Southern on 9/20/2019.]
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| Filing 33 MOTION TO DISMISS #19 Notice (Other), FOR FAILURE TO STATE A CLAIM Class Action Complaint by Northern Leasing Systems, Inc.. Responses due by 5/10/2019 (Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 32 REPLY to Response to Motion re #22 MOTION to Stay Discovery filed by Northern Leasing Systems, Inc.. (Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 31 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by Northern Leasing Systems, Inc.. (Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 30 RESPONSE in Opposition re #22 MOTION to Stay Discovery filed by Stephen L. Chorba. Replies due by 4/24/2019. (Breur, George) [Transferred from Florida Southern on 9/20/2019.] |
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Filing 29
PAPERLESS ORDER granting #28 Motion for Extension of Time. The Motion is GRANTED for the time period requested. Signed by Judge Kathleen M. Williams on 4/12/2019. (dpa) [Transferred from Florida Southern on 9/20/2019.]
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| Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by Northern Leasing Systems, Inc.. (Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 27 NOTICE by Northern Leasing Systems, Inc. Filing Redacted Version of Docket Entry Pursuant to Order Granting Motion to Seal Document (Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 26 CLERK'S NOTICE of Compliance by Sealing [23-1] pursuant to 25 Paperless Order (nc) [Transferred from Florida Southern on 9/20/2019.] |
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Filing 25
PAPERLESS ORDER granting #24 Defendant's Unopposed Motion to Seal. Signed by Magistrate Judge Alicia O. Valle on 4/10/2019. (sd01) [Transferred from Florida Southern on 9/20/2019.]
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| Filing 24 Unopposed MOTION to Seal per Local Rule 5.4 by Northern Leasing Systems, Inc.. (Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 23 REPLY to Response to Motion re 14 Defendant's MOTION to Change Venue and Incorporated Memorandum of Law filed by Northern Leasing Systems, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Sara Krieger in Support of Motion to Transfer Venue)(Dietrich, Daniel) Modified by Sealing [23-1] pursuant to 25 Paperless Order on 4/10/2019 (nc). [Transferred from Florida Southern on 9/20/2019.] |
| Filing 22 MOTION to Stay Discovery by Northern Leasing Systems, Inc.. Responses due by 4/17/2019 (Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 21 Plaintiff's RESPONSE in Opposition to Defendant's Motion to Transfer Venue by Stephen L. Chorba. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Breur, George) [Transferred from Florida Southern on 9/20/2019.] |
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Filing 20
PAPERLESS ORDER granting in part and denying in part #15 Motion for Extension of Time to File Response to the Complaint. Defendant shall file a response to the Complaint on or before April 12, 2019. Signed by Judge Kathleen M. Williams on 3/29/2019. (dpa) [Transferred from Florida Southern on 9/20/2019.]
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| Filing 19 NOTICE by Northern Leasing Systems, Inc. Joint Notice of Filing Redacted Versions of Docket Entries Pursuant to Order Granting Joint Motion to Seal Documents (Attachments: #1 Exhibit Redacted DE 1, #2 Exhibit Redacted DE 12, #3 Exhibit Redacted DE 14) (Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 18 CLERK'S NOTICE of Compliance re #17 Order as to sealing docket entries 1 , [12-1], [12-7] and 14 . (mc) [Transferred from Florida Southern on 9/20/2019.] |
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Filing 17
ORDER Granting #16 Motion to Seal per Local Rule 5.4. The Clerk is directed to SEAL docket entries (1), (12-1), (12-7) and (14) in their entirety. It is further ORDERED AND ADJUDGED that the Parties shall refile redacted versions of docket entries (1), (12-1), (12-7) and (14). Signed by Judge Kathleen M. Williams on 3/20/2019. See attached document for full details. (mc) [Transferred from Florida Southern on 9/20/2019.]
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| Filing 16 Joint MOTION to Seal per Local Rule 5.4 by Northern Leasing Systems, Inc.. (Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
| SYSTEM ENTRY - Docket Entry 14 [motion] restricted/sealed until further notice. (nc) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 15 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by Northern Leasing Systems, Inc.. (Attachments: #1 Text of Proposed Order)(Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 13 Joint SCHEDULING REPORT - Rule 16.1 by Stephen L. Chorba (Attachments: #1 Text of Proposed Order)(Breur, George) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 12 NOTICE by Northern Leasing Systems, Inc. Notice of Filing Records from Underlying State Court Case (Attachments: #1 Exhibit Complaint, #2 Exhibit Civil Cover Sheet, #3 Exhibit esummons issued, #4 Errata Summons returned served, #5 Errata Motion for Default, #6 Exhibit Notice of Filing Notice of Removal, #7 Exhibit Exhibits to Removal, #8 Exhibit Joint Stip to Vacate, #9 Exhibit Agreed Order to Vacate) (Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 11 STATUS REPORT Removal Status Report by Northern Leasing Systems, Inc. (Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
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Filing 10
ORDER granting #5 Agreed Motion to Appear Pro Hac Vice for Attorney Scott E. Silberfein, Esq. Signed by Magistrate Judge Alicia O. Valle on 2/28/2019. See attached document for full details. (lmk) [Transferred from Florida Southern on 9/20/2019.]
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Filing 9
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES. Signed by Judge Kathleen M. Williams on 2/27/2019. See attached document for full details. (kpe) [Transferred from Florida Southern on 9/20/2019.]
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Filing 8
PAPERLESS ORDER granting #6 Motion for Extension of Time. Defendant shall respond to the Complaint on or before March 29, 2019. Signed by Judge Kathleen M. Williams on 2/27/2019. (dpa) [Transferred from Florida Southern on 9/20/2019.]
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| Filing 7 Clerks Notice to Filer re #6 Agreed MOTION for Extension of Time to respond to complaint . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) [Transferred from Florida Southern on 9/20/2019.] Modified on 9/20/2019 (sjo). |
| Filing 6 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to 1 Complaint by Northern Leasing Systems, Inc.. Responses due by 3/11/2019 (Attachments: #1 Text of Proposed Order)(Dietrich, Daniel) Modified Relief on 2/26/2019 (ls). [Transferred from Florida Southern on 9/20/2019.] |
| Filing 5 Agreed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Scott E. Silberfein. Filing Fee $ 75.00 Receipt # 113C-11421123 by Northern Leasing Systems, Inc.. Responses due by 3/11/2019 (Attachments: #1 Text of Proposed Order)(Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 4 NOTICE by Northern Leasing Systems, Inc. Notice of filing Civil Cover Sheet (Dietrich, Daniel) [Transferred from Florida Southern on 9/20/2019.] |
| SYSTEM ENTRY - Docket Entry 1 [cmp] restricted/sealed until further notice. (mc) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 3 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (kpe) [Transferred from Florida Southern on 9/20/2019.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe) [Transferred from Florida Southern on 9/20/2019.] |
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| Plaintiff: Stephen L. Chorba | |
| Represented By: | Etan Mark |
| Represented By: | Joshua Adam Migdal |
| Represented By: | George Thomas Breur |
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| Defendant: Northern Leasing Systems Inc. | |
| Represented By: | Scott E. Silberfein |
| Represented By: | Daniel P. Dietrich |
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