Honeedew Investing LLC v. Abadi
Plaintiff: Honeedew Investing LLC
Defendant: Jose Abadi
Case Number: 1:2019cv08951
Filed: September 26, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: John P Cronan
Referring Judge: Victor Marrero
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity Action
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 17, 2022 Opinion or Order Filing 43 AMENDED COMPLAINT amending #42 Amended Complaint, #1 Complaint against Jose Abadi with JURY DEMAND.Document filed by Honeedew Investing LLC. Related document: #42 Amended Complaint, #1 Complaint..(Medina, Eric)
March 17, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eric Steven Medina to RE-FILE Document No. #42 Amended Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the wrong party/parties whom the pleading is against were 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. (sj)
March 16, 2022 Opinion or Order Filing 42 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending #1 Complaint against All Defendants with JURY DEMAND.Document filed by Honeedew Investing LLC. Related document: #1 Complaint..(Medina, Eric) Modified on 3/17/2022 (sj).
March 10, 2022 Opinion or Order Filing 41 MEMO ENDORSEMENT granting #38 Motion to Amend/Correct #38 MOTION to Amend/Correct Add Additional Claims Pursuant to Fed. R. Civ. P. 15(a). ENDORSEMENT: Given that Defendant has consented in writing to Plaintiff's motion to amend the complaint, Plaintiff may amend its pleading. See Fed. R. Civ. P. 15(a)(2). Plaintiff shall file its amended complaint by March 24, 2022. The Clerk of the Court is respectfully directed to close the motion pending at Docket Number 38. SO ORDERED. (Signed by Judge John P. Cronan on 3/10/2022) (jca)
March 10, 2022 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 3/24/2022. (jca)
March 9, 2022 Opinion or Order Filing 40 JOINT LETTER addressed to Judge John P. Cronan from David Liston dated 03/09/2022 re: Amendment to Complaint. Document filed by Jose Abadi..(Liston, David)
March 7, 2022 Opinion or Order Filing 39 MEMO ENDORSEMENT with respect to #38 Motion to Amend/Correct #38 MOTION to Amend/Correct Add Additional Claims Pursuant to Fed. R. Civ. P. 15(a). ENDORSEMENT: By March 9, 2022, Defendant shall file a letter saying whether he consents to Plaintiff amending the Complaint. If Defendant does not consent, then Defendant shall explain why the Court should not grant leave to amend the Complaint. See Fed. R. Civ. P. 15(a)(2) (When a party may not amend its pleading as a matter of course, it "may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires."). SO ORDERED.. (Signed by Judge John P. Cronan on 3/4/2022) (jca)
March 7, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 3/9/2022 (jca)
March 2, 2022 Opinion or Order Filing 38 MOTION to Amend/Correct Add Additional Claims Pursuant to Fed. R. Civ. P. 15(a). Document filed by Honeedew Investing LLC. (Attachments: #1 Declaration of Eric S. Medina, Esq. in Support of Plaintiff's Motion to Amend Complaint to Assert Claims, #2 Exhibit "A" to Declaration in Support of Motion to Amend Complaint, #3 Memorandum of Law in Support of Plaintiff's Motion to Amend Complaint to Assert Additional Claims).(Medina, Eric)
February 1, 2022 Opinion or Order Filing 37 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3) of the Federal Rules of Civil Procedure. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Settlement discussions have not taken place. The parties have not conferred pursuant to Rule 26(f) of the Federal Rules of Civil Procedure. Depositions shall be completed by 4/13/2022. This case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is 3 days. Motions due by 3/2/2022. Deposition due by 7/15/2022. Fact Discovery due by 5/31/2022. Expert Discovery due by 7/15/2022. Discovery due by 7/15/2022. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 1/31/2022) (jca)
January 31, 2022 Opinion or Order Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on January 31, 2022. The Court held the scheduled Initial Pretrial Conference. The Court noted that if the parties are unable to resolve the issues surrounding taking Defendants deposition remotely, then the parties will submit letter briefing if they need the Courts assistance. The Court will enter the case management plan by separate order. (Court Reporter Steven Greenblum) (mhe)
January 28, 2022 Opinion or Order Filing 36 JOINT PRELIMINARY TRIAL REPORT. Document filed by Honeedew Investing LLC. (Attachments: #1 Text of Proposed Order Proposed Civil Case Management Plan and Scheduling Order).(Medina, Eric)
January 28, 2022 Opinion or Order Filing 35 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Jose Abadi..(Patchen, Alex)
January 21, 2022 Opinion or Order Filing 34 ORDER denying without prejudice #20 Motion for Default Judgment. Given Defendants appearance and memorandum opposing default judgment, see Dkt. 24, the Court denies without prejudice Plaintiffs motion for default judgment, see Dkt. 20. The conference previously scheduled for January 31, 2022, at 11:00 a.m. shall serve as the Initial Pretrial Conference under the Court's Individual Rule 5(a) and Federal Rule of Civil Procedure 16(c). By January 28, 2022, the parties shall file a joint a joint letter, not to exceed five (5) pages. By January 28, 2022, the parties shall also submit to the Court a proposed case management plan and scheduling order, a template of which is available at https://www.nysd.uscourts.gov/honjohn-p-cronan. (And as further set forth herein.) SO ORDERED.. (Signed by Judge John P. Cronan on 1/20/2022) (jca)
January 21, 2022 Opinion or Order Set/Reset Hearings: Initial Conference set for 1/31/2022 at 11:00 AM before Judge John P. Cronan. (jca)
January 19, 2022 Opinion or Order Filing 33 DECLARATION of Carlos Abadi in Opposition re: #20 MOTION for Default Judgment as to Defendant Jose Abadi.. Document filed by Jose Abadi. (Attachments: #1 Exhibit A).(Patchen, Alex)
January 19, 2022 Opinion or Order Filing 32 DECLARATION of Jose Abadi in Opposition re: #20 MOTION for Default Judgment as to Defendant Jose Abadi.. Document filed by Jose Abadi..(Patchen, Alex)
January 19, 2022 Opinion or Order Filing 31 MEMORANDUM OF LAW in Opposition re: #20 MOTION for Default Judgment as to Defendant Jose Abadi. . Document filed by Jose Abadi..(Patchen, Alex)
January 14, 2022 Opinion or Order Filing 30 ORDER granting #29 Letter Motion for Extension of Time to File Response/Reply re #29 LETTER MOTION for Extension of Time to File Response/Reply as to #20 MOTION for Default Judgment as to Defendant Jose Abadi. addressed to Judge John P. Cronan from David G. Liston dated January 12, 2022. This request is granted. Defendant shall respond to Plaintiff Honeedew Investing LLCs ("Honeedew") Motion for Default Judgment by January 19, 2022. Plaintiff shall file its reply brief by January 26, 2022. SO ORDERED. Responses due by 1/19/2022 Replies due by 1/26/2022.. (Signed by Judge John P. Cronan on 1/14/2022) (jca)
January 12, 2022 Opinion or Order Filing 29 LETTER MOTION for Extension of Time to File Response/Reply as to #20 MOTION for Default Judgment as to Defendant Jose Abadi. addressed to Judge John P. Cronan from David G. Liston dated January 12, 2022. Document filed by Jose Abadi..(Liston, David)
January 12, 2022 Opinion or Order Filing 28 NOTICE OF APPEARANCE by Alex Gregg Patchen on behalf of Jose Abadi..(Patchen, Alex)
January 12, 2022 Opinion or Order Filing 27 NOTICE OF APPEARANCE by David Guerrero Liston on behalf of Jose Abadi..(Liston, David)
December 29, 2021 Opinion or Order Filing 26 ORDER granting #19 Letter Motion for Extension of Time; granting #19 Letter Motion for Extension of Time to File. The Court grants Plaintiff's extension request nunc pro tunc. SO ORDERED. (Signed by Judge John P. Cronan on 12/29/2021) (vfr)
December 21, 2021 Opinion or Order Filing 25 CERTIFICATE OF SERVICE of Motion for Judgment by Default served on JOSE ABADI on 12/21/21. Service was made by Mail. Document filed by Honeedew Investing LLC..(Medina, Eric)
December 21, 2021 Opinion or Order Filing 24 MEMORANDUM OF LAW in Support re: #20 MOTION for Default Judgment as to Defendant Jose Abadi. . Document filed by Honeedew Investing LLC..(Medina, Eric)
December 21, 2021 Opinion or Order Filing 23 DECLARATION of Eric S. Medina, Esq. in Support re: #20 MOTION for Default Judgment as to Defendant Jose Abadi.. Document filed by Honeedew Investing LLC. (Attachments: #1 Exhibit Exhibits A through E, #2 Exhibit Exhibit F through H, #3 Exhibit Exhibits I through N).(Medina, Eric)
December 21, 2021 Opinion or Order Filing 22 DECLARATION of Eric S. Medina, Esq. in Support re: #20 MOTION for Default Judgment as to Defendant Jose Abadi.. Document filed by Honeedew Investing LLC. (Attachments: #1 Exhibit Exhibits A through E, #2 Exhibit Exhibit F through H, #3 Exhibit Exhibits I through N).(Medina, Eric)
December 21, 2021 Opinion or Order Filing 21 DECLARATION of Eric S. Medina, Esq. in Support re: #20 MOTION for Default Judgment as to Defendant Jose Abadi.. Document filed by Honeedew Investing LLC. (Attachments: #1 Exhibit Exhibits A through E, #2 Exhibit Exhibit F through H, #3 Exhibit Exhibits I through N).(Medina, Eric)
December 20, 2021 Opinion or Order Filing 20 MOTION for Default Judgment as to Defendant Jose Abadi. Document filed by Honeedew Investing LLC. Responses due by 1/12/2022 (Attachments: #1 Affidavit /Declaration of Matthew J. Aaronson, Esq. in Support of Plaintiff's Motion for Entry of Default Judgment).(Medina, Eric)
December 20, 2021 Opinion or Order Filing 19 FIRST LETTER MOTION for Extension of Time addressed to Judge John P. Cronan from Eric S. Medina, Esq. Counsel to Plaintiff dated December 20, 2021., LETTER MOTION for Extension of Time to File addressed to Judge John P. Cronan from Eric S. Medina, Esq. Counsel to Plaintiff dated December 20, 2021. Document filed by Honeedew Investing LLC..(Medina, Eric)
December 16, 2021 Opinion or Order Filing 18 CERTIFICATE OF SERVICE of Order, Clerk's Certificate of Default served on Jose Abadi on December 15, 2021. Service was made by OVERNIGHT COURIER. Document filed by Honeedew Investing LLC..(Medina, Eric)
December 10, 2021 Opinion or Order Filing 17 CLERK'S CERTIFICATE OF DEFAULT as to JOSE ABADI.(km)
December 9, 2021 Opinion or Order Filing 16 ORDER: It is hereby ORDERED that no later than December 20, 2021, Plaintiff shall move for default judgment as to Defendant, in accordance with Local Civil Rule 55.2 and 3.D of the Court's Individual Rules and Practices for Civil Cases, or show cause why this case should not be dismissed for failure to prosecute. Defendant shall file any opposition to the motion for default judgment no later than January 12, 2022. Plaintiff shall file any reply no later than January 19, 2022. It is further ORDERED that Defendant appear and show cause at a hearing before this Court on January 31, 2022, at 11:00 a.m., why an order should not be issued granting a default judgment against Defendant. That hearing shall take place telephonically. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. It is further ORDERED that Plaintiff serve Defendant via overnight courier with a copy of this Order within one week of the date of this Order. Within two business days of service, Plaintiff must file proof of such service on the docket. SO ORDERED. (Motions due by 12/20/2021., Responses due by 1/12/2022, Replies due by 1/19/2022., Telephone Conference set for 1/31/2022 at 11:00 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 12/9/2021) (jca)
December 8, 2021 Opinion or Order Filing 15 DECLARATION of Eric S. Medina, Esq. re: #14 Proposed Clerk's Certificate of Default . Document filed by Honeedew Investing LLC..(Medina, Eric)
December 8, 2021 Opinion or Order Filing 14 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Honeedew Investing LLC..(Medina, Eric) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 12/10/2021 (km).
December 2, 2021 Opinion or Order Filing 13 LETTER addressed to Judge John P. Cronan from Matthew J. Aaronson dated December 2, 2021 re: Completion of service of process. Document filed by Honeedew Investing LLC..(Aaronson, Matthew)
December 2, 2021 Opinion or Order Filing 12 CERTIFICATE OF SERVICE of Summons and Complaint. Jose Abadi served on 10/27/2021, answer due 11/17/2021. Service was accepted by Jose Abadi. Document filed by Honeedew Investing LLC..(Aaronson, Matthew)
December 2, 2021 Opinion or Order Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #12) - CERTIFICATE OF SERVICE of Summons and Complaint. Jose Abadi served on 10/27/2021, answer due 12/27/2021. Service was accepted by Jose Abadi. Document filed by Honeedew Investing LLC..(Aaronson, Matthew) Modified on 12/2/2021 (ldi).
November 26, 2021 Opinion or Order Filing 10 ORDER: On October 23, 2020, Plaintiff filed a letter with the Court saying that because of "staffing shortages and limited operations" at Argentina's Central Authority that the "the summons and complaint are not expected to be served on Defendant until early 2021." Dkt. 9 at 2. As of the date of this Order, Plaintiff has not filed proof of service. By December 3, 2021, Plaintiff shall file a letter updating the Court on the status of the case providing any information as to the service of the summons and complaint on Defendant. (Signed by Judge John P. Cronan on 11/26/2021) (tro)
October 23, 2020 Opinion or Order Filing 9 LETTER addressed to Judge John P. Cronan from Matthew J. Aaronson dated October 23, 2020 re: Service of Summons and Complaint. Document filed by Honeedew Investing LLC. (Attachments: #1 Exhibit (1) Copy of Package Sent to Argentina's Central Authority, #2 Exhibit (2) Copy of Federal Express Confirmation).(Aaronson, Matthew)
October 14, 2020 Opinion or Order Filing 8 ORDER TO SHOW CAUSE: The Complaint in this case was filed on September 26, 2019, see Dkt. 1, but the docket does not reflect that the Complaint was ever served on the Defendants. It is hereby ORDERED that the Plaintiff communicate with the Court, in writing, as to why Plaintiff has failed to serve the summons and Complaint within the 90 days prescribed pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. If the Court does not receive any communication from Plaintiff by October 28, 2020, showing good cause why such service was not made within the 90 days, the Court will dismiss the case without further notice. (Signed by Judge John P. Cronan on 10/14/2020) (mro)
October 14, 2020 Opinion or Order Filing 7 NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. (Signed by Judge John P. Cronan on 10/14/2020) (mro)
September 29, 2020 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge John Peter Cronan. Judge Victor Marrero is no longer assigned to the case. (aea)
October 2, 2019 Opinion or Order Filing 6 NOTICE OF APPEARANCE by Eric Steven Medina on behalf of Honeedew Investing LLC. (Medina, Eric)
September 30, 2019 Opinion or Order Filing 5 ELECTRONIC SUMMONS ISSUED as to Jose Abadi. (jgo)
September 27, 2019 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Jose Abadi, re: #1 Complaint. Document filed by Honeedew Investing LLC. (Aaronson, Matthew)
September 27, 2019 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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. (pc)
September 27, 2019 Opinion or Order Magistrate Judge Debra C. Freeman 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. (pc)
September 27, 2019 Opinion or Order Case Designated ECF. (pc)
September 26, 2019 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Honeedew Investing LLC.(Aaronson, Matthew)
September 26, 2019 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Aaronson, Matthew)
September 26, 2019 Opinion or Order Filing 1 COMPLAINT against Jose Abadi. (Filing Fee $ 400.00, Receipt Number ANYSDC-17668469)Document filed by Honeedew Investing LLC.(Aaronson, Matthew)

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Plaintiff: Honeedew Investing LLC
Represented By: Matthew Joel Aaronson
Represented By: Eric Steven Medina
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Defendant: Jose Abadi
Represented By: Alex Gregg Patchen
Represented By: David Guerrero Liston
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