Johnson v. JP Morgan Chase Bank N.A. et al
| Robin Johnson, FAHMIA, INC., Prinzo & Associates, LLC, Robin Johnson individually, and on behalf of all others similarly situated doing business as CG Johnson Company and James Quinn |
| JP Morgan Chase & Co., JP Morgan Chase Bank N.A. and JP Morgan Chase Bank N.A. doing business as Chase Bank |
| 1:2020cv04858 |
| June 24, 2020 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Contract: Other |
| 28 U.S.C. § 1332 oc |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 22, 2020. A more recent docket listing may be available from PACER.
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| NOTICE: The oral argument scheduled for August 21,2020 at 12:00 pm is adjourned by the Court to 3:45pm on the same date. The public may use the same dial in information as previously posted. Telephone Conference set for 8/21/2020 at 03:45 PM before Judge Jed S. Rakoff. Associated Cases: 1:20-cv-04100-JSR et al.(kgo) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/21/2020. An argument on the motion at 53 on the docket was held via Zoom before Judge Rakoff on August 21, 2020.Present were counsel for all parties and court reporter Kristen Carannante. Associated Cases: 1:20-cv-04100-JSR et al.(kgo) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/18/2020. Associated Cases: 1:20-cv-04100-JSR et al.(Kotowski, Linda) |
| Filing 40 NOTICE of Supplemental Authority in Support of Defendants' Joint Motion to Dismiss re: (28 in 1:20-cv-04145-JSR) JOINT MOTION to Dismiss for Failure to State a Claim and Lack of Subject-Matter Jurisdiction., (32 in 1:20-cv-04146-JSR) MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim., (53 in 1:20-cv-04100-JSR) JOINT MOTION to Dismiss For Failure To State A Claim and Lack of Subject-Matter Jurisdiction., (36 in 1:20-cv-04144-JSR) JOINT MOTION to Dismiss for Failure to State a Claim and Lack of Subject-Matter Jurisdiction., (24 in 1:20-cv-04858-JSR) JOINT MOTION to Dismiss For Failure To State A Claim and Lack of Subject Matter Jurisdiction.. Document filed by Citibank, N.A., Citigroup Inc., JP Morgan Chase & Co., JP Morgan Chase Bank N.A., MUFG Americas Holdings Corp., MUFG Union Bank, N.A., Signature Bank. Filed In Associated Cases: 1:20-cv-04100-JSR, 1:20-cv-04144-JSR, 1:20-cv-04145-JSR, 1:20-cv-04146-JSR, 1:20-cv-04858-JSR.(Soukup, Andrew) |
| Filing 39 NOTICE of Of Supplemental Authority re: #24 JOINT MOTION to Dismiss For Failure To State A Claim and Lack of Subject Matter Jurisdiction.. Document filed by JP Morgan Chase & Co., JP Morgan Chase Bank N.A...(Simson, Sylvia) |
| NOTICE: The Court has moved the oral argument currently scheduled for 2:00 p.m. on Friday, August 21, 2020, to 12:00 p.m. that same day. The public can dial-in through the following access information: Dial-in +1.408.317.9253; Passcode: 909650783#. Telephone Conference set for 8/21/2020 at 12:00 PM before Judge Jed S. Rakoff. Associated Cases: 1:20-cv-04100-JSR et al.(kgo) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/12/2020. Associated Cases: 1:20-cv-04100-JSR et al.(kgo) |
| Filing 38 REPLY MEMORANDUM OF LAW in Support re: #24 JOINT MOTION to Dismiss For Failure To State A Claim and Lack of Subject Matter Jurisdiction. . Document filed by JP Morgan Chase & Co., JP Morgan Chase Bank N.A...(Simson, Sylvia) |
| Filing 37 DECLARATION of Andrew Soukup in Support re: #24 JOINT MOTION to Dismiss For Failure To State A Claim and Lack of Subject Matter Jurisdiction.. Document filed by JP Morgan Chase & Co., JP Morgan Chase Bank N.A.. (Attachments: #1 Exhibit M - SBA Fee Disclosure Form and Compensation Agreement for Agent Services in Connection With an SBA Disaster Assistance Loan (Form 159D (7-05)), #2 Exhibit N - AICPA Update on CPAs Acting as an Agent and Getting Paid for SBA PPP Loan Services).(Simson, Sylvia) |
| Filing 36 DECLARATION of Anne Shaver in Opposition re: (28 in 1:20-cv-05311-JSR) JOINT MOTION to Dismiss For Failure to State A Claim and Lack of Subject Matter Jurisdiction.. Document filed by Tax Divas, LLC, Williams and J Bookkeeping, Fahmia, Inc., Prinzo & Associates, LLC, James Quinn, Robin Johnson. (Attachments: #1 Exhibit A - SBA Guide to SBA Programs, #2 Exhibit B - SBA PPP Information Sheet, #3 Exhibit C - SBA Steps in the Life of an SBA Loan, #4 Exhibit D - SBA 7(a) Loan Closing Checklist, #5 Exhibit E - SBA SOP 50 10, #6 Exhibit F - Seppala, How Long Does It Take to Get An SBA Loan Approved, #7 Exhibit G - Wang, SBA Loans What You Need to Know, #8 Exhibit H - Chase Website, #9 Exhibit I - Hsu and Bernard, Coronavirusa Layoff Surge)Filed In Associated Cases: 1:20-cv-04100-JSR et al..(Shaver, Anne) |
| Filing 35 RESPONSE in Opposition to Motion re: (28 in 1:20-cv-05311-JSR) JOINT MOTION to Dismiss For Failure to State A Claim and Lack of Subject Matter Jurisdiction. . Document filed by Tax Divas, LLC, Williams and J Bookkeeping, Fahmia, Inc., Prinzo & Associates, LLC, James Quinn, Robin Johnson. Filed In Associated Cases: 1:20-cv-04100-JSR et al..(Shaver, Anne) |
Filing 34
ORDER FOR ADMISSION PRO HAC VICE OF ANNE B. SHAVER granting #33 Motion for Anne B. Shaver to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice as counsel for Plaintiff in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Jed S. Rakoff on 7/24/2020) (mml)
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| Filing 33 MOTION for Anne B. Shaver to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20815224. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robin Johnson. (Attachments: #1 Declaration of Anne B. Shaver in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing (California), #3 Certificate of Good Standing (Colorado), #4 Text of Proposed Order Approving Motion for Admission Pro Hac Vice).(Shaver, Anne) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Anne B. Shaver to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-20815224. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Oral Argument set for 8/7/2020 is adjourned to 8/21/2020 at 02:00 PM before Judge Jed S. Rakoff.). Associated Cases: 1:20-cv-04100-JSR et al.(Kotowski, Linda) |
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Filing 32
ORDER FOR ADMISSION OF PAUL J. FERAK PRO HAC VICE granting #31 Motion for Paul J. Ferak to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 7/20/2020) (jwh)
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| Filing 31 MOTION for Paul J. Ferak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20732446. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JP Morgan Chase & Co., JP Morgan Chase Bank N.A.. (Attachments: #1 Exhibit A - Certificate of Good Standing from Supreme Court of Illinois, #2 Exhibit B - Declaration of Paul J. Ferak in Support of Motion, #3 Exhibit C - Proposed Order).(Ferak, Paul) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Paul J. Ferak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20732446. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
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Filing 30
ORDER FOR ADMISSION PRO HAC VICE OF ROGER N. HELLER granting #21 Motion for Roger N. Heller to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 7/13/2020) (rjm)
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Filing 29
ORDER FOR ADMISSION PRO HAC VICE OF MICHAEL W. SOBOL granting #22 Motion for Michael W. Sobol to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 7/13/2020) (rjm)
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Filing 28
ORDER FOR ADMISSION PRO HAC VICE granting #23 Motion for Andrew R. Kaufman to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 7/13/2020) (nb)
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| Filing 27 DECLARATION of Sylvia E. Simson in Support re: #24 JOINT MOTION to Dismiss For Failure To State A Claim and Lack of Subject Matter Jurisdiction.. Document filed by JP Morgan Chase & Co., JP Morgan Chase Bank N.A.. (Attachments: #1 Exhibit L - Note).(Simson, Sylvia) |
| Filing 26 DECLARATION of Andrew Soukup in Support re: #24 JOINT MOTION to Dismiss For Failure To State A Claim and Lack of Subject Matter Jurisdiction.. Document filed by JP Morgan Chase & Co., JP Morgan Chase Bank N.A.. (Attachments: #1 Exhibit A - SBA Form 159, #2 Exhibit B - SBA Form 2483, #3 Exhibit C - SBA Form 2484, #4 Exhibit D - CARES Act Section 1102, #5 Exhibit E - PPP Information Sheet - Lenders, #6 Exhibit F - Transcript of HCFS Hearing, #7 Exhibit G - PPP Loans - FAQs, #8 Exhibit H - 2015 SBA OIG Report, #9 Exhibit I - 2018 SBA OIG Report, #10 Exhibit J - AICPA Article on CPA Involvement, #11 Exhibit K - AICPA Article on PPP).(Simson, Sylvia) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 JOINT MOTION to Dismiss For Failure To State A Claim and Lack of Subject Matter Jurisdiction. . Document filed by JP Morgan Chase & Co., JP Morgan Chase Bank N.A...(Simson, Sylvia) |
| Filing 24 JOINT MOTION to Dismiss For Failure To State A Claim and Lack of Subject Matter Jurisdiction. Document filed by JP Morgan Chase & Co., JP Morgan Chase Bank N.A...(Simson, Sylvia) |
| Filing 23 MOTION for Andrew R. Kaufman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20640190. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robin Johnson. (Attachments: #1 Affidavit In Support of Motion to Appear Pro Hac Vice, #2 Certificate of Good Standing (NY), #3 Certificate of Good Standing (TN), #4 Text of Proposed Order).(Kaufman, Andrew) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Roger N. Heller to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-20625366. Motion and supporting papers to be reviewed by Clerk's Office staff. #22 MOTION for Michael W. Sobol to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-20625661. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Andrew R. Kaufman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-20640190. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 22 MOTION for Michael W. Sobol to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20625661. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robin Johnson. (Attachments: #1 Affidavit of Michael Sobol, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Sobol, Michael) |
| Filing 21 MOTION for Roger N. Heller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20625366. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robin Johnson. (Attachments: #1 Affidavit of Roger N. Heller, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Heller, Roger) |
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Filing 20
ORDER GRATING MOTION FOR ADMISSION PRO HAC VICE granting (19) Motion for Gary M. Klinger to Appear Pro Hac Vice in case 1:20-cv-04858-JSR. (Signed by Judge Jed S. Rakoff on 7/9/2020) Filed In Associated Cases: 1:20-cv-04100-JSR, 1:20-cv-04858-JSR (jwh)
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| Filing 19 MOTION for Gary M. Klinger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20601712. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robin Johnson. (Attachments: #1 Affidavit of Gary M. Klinger, #2 IL COGS, #3 Text of Proposed Order).(Klinger, Gary) |
| Filing 18 EXHIBIT TO PLEADING re: #17 Amended Complaint,. Document filed by FAHMIA, INC., Robin Johnson, Prinzo & Associates, LLC, James Quinn..(Kaufman, Andrew) |
| Filing 17 FIRST AMENDED COMPLAINT amending #1 Complaint against JP Morgan Chase & Co., JP Morgan Chase Bank N.A. with JURY DEMAND.Document filed by Robin Johnson, Prinzo & Associates, LLC, James Quinn, FAHMIA, INC.. Related document: #1 Complaint..(Kaufman, Andrew) |
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Filing 16
ORDER: The Court hereby grants plaintiffs' motion to refile amended complaints in the above-captioned matters no later than July 8, 2020 at 12:00 pm. (Amended Pleadings due by 7/8/2020.) (Signed by Judge Jed S. Rakoff on 7/8/2020) Filed In Associated Cases: 1:20-cv-04100-JSR, 1:20-cv-04858-JSR (jwh)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Gary M. Klinger to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-20601712. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew R Kaufman to RE-FILE re: Document No. #15 Amended Complaint,. The filing is deficient for the following reason(s): Court's leave has not been granted. There was no first amended complaint. 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pc) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/7/2020. (Kotowski, Linda) |
| Filing 15 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE -SECOND AMENDED COMPLAINT amending #1 Complaint against JP Morgan Chase & Co., JP Morgan Chase Bank N.A. with JURY DEMAND.Document filed by Robin Johnson, James Quinn, FAHMIA, INC., Prinzo & Associates, LLC. Related document: #1 Complaint..(Kaufman, Andrew) Modified on 7/8/2020 (pc). |
| Filing 14 NOTICE OF APPEARANCE by Keith Hammeran on behalf of JP Morgan Chase & Co., JP Morgan Chase Bank N.A...(Hammeran, Keith) |
| Filing 13 NOTICE OF APPEARANCE by Noah Lindenfeld on behalf of JP Morgan Chase & Co., JP Morgan Chase Bank N.A...(Lindenfeld, Noah) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by JP Morgan Chase Bank N.A...(Simson, Sylvia) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by JP Morgan Chase & Co...(Simson, Sylvia) |
| Filing 10 NOTICE OF APPEARANCE by Sylvia E. Simson on behalf of JP Morgan Chase & Co., JP Morgan Chase Bank N.A...(Simson, Sylvia) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew R Kaufman to RE-FILE Document No. #9 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; The caption title can only include the caption title of the entitled case number (20cv4858). All parties involved must be listed et al, cannot be used. There was never a first Amended Complaint filed.. 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. (pc) Modified on 7/8/2020 (pc). |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - SECOND AMENDED COMPLAINT amending #1 Complaint against JP Morgan Chase & Co., JP Morgan Chase Bank N.A. with JURY DEMAND.Document filed by Robin Johnson. Related document: #1 Complaint..(Kaufman, Andrew) Modified on 7/7/2020 (pc). |
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Filing 8
STIPULATION AND ORDER REGARDING THE PRODUCTION OF PAPER DOCUMENTS AND ELECTRONICALLY STORED INFORMATION: It is hereby stipulated by and between the Parties, through their respective counsel, as follows: The Parties agree to produce paper documents according to the following protocol: 1. All paper documents shall be produced as (1) TIFF images for black and white documents, and (2) JPG images for color documents. Such documents shall be accompanied by a cross-referenced load file, according to the specifications set forth in Section LC. hereto. The Parties do not waive any existing right to make responsive documents available for inspection pursuant to Federal Rule of Civil Procedure 34, and as further set forth in this stipulation. (Signed by Judge Jed S. Rakoff on 7/1/2020) Filed In Associated Cases: 1:20-cv-04100-JSR, 1:20-cv-04144-JSR, 1:20-cv-04145-JSR, 1:20-cv-04146-JSR, 1:20-cv-04858-JSR (jwh)
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Filing 7
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Jed S. Rakoff on 7/1/2020) Filed In Associated Cases: 1:20-cv-04100-JSR, 1:20-cv-04144-JSR, 1:20-cv-04145-JSR, 1:20-cv-04146-JSR, 1:20-cv-04858-JSR (jwh)
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Filing 6
ORDER: The Johnson action is hereby consolidated with the actions bearing case numbers 20-cv-4100, 20-cv-4144, 20-cv-4145, and 20-cv-4146 for all pre-trial purposes and is subject to the June 23 Order and the schedules set forth therein. If plaintiffs' counsel has any issue with any of these, he must jointly call Chambers with opposing counsel by no later than June 26, 2020 at 5:00 p.m. (EST). (Signed by Judge Jed S. Rakoff on 6/25/2020) Filed In Associated Cases: 1:20-cv-04100-JSR, 1:20-cv-04858-JSR (jwh)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to JP Morgan Chase & Co., JP Morgan Chase Bank N.A...(pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pne) |
| Case Designated ECF. (pne) |
| CASE REFERRED TO Judge Jed S. Rakoff as possibly related to 20CV4100. (pne) |
| NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge Unassigned is no longer assigned to the case. (laq) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-04100-JSR. Notice of Assignment to follow. (laq) |
| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-04100-JSR.. (jwh) |
| Magistrate Judge Barbara C. Moses 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (laq) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to JPMorgan Chase Bank, N.A.; JP Morgan Chase & Co., re: #1 Complaint. Document filed by Robin Johnson..(Selbin, Jonathan) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-4100. Document filed by Robin Johnson..(Selbin, Jonathan) |
| Filing 2 CIVIL COVER SHEET filed..(Selbin, Jonathan) |
| Filing 1 COMPLAINT against JP Morgan Chase & Co., JP Morgan Chase Bank N.A.. (Filing Fee $ 400.00, Receipt Number ANYSDC-20405185)Document filed by Robin Johnson..(Selbin, Jonathan) |
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