Federico's Restaurant Inc. et al v. Washington Business Bank et al
| Federicos Restaurant Inc., Ebrahim S.M. Sobhan, Luis R. Skibar, Julian Medina, Toloache, Inc. and Federico's Restaurant Inc. |
| Washington Business Bank, ARF Financial and ARF Financial LLC |
| 1:2020cv05058 |
| July 1, 2020 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Contract: Other |
| 28 U.S.C. § 1332 jd |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 4, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Washington Business Bank..(Kosa, Erik) |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by ARF Financial LLC..(Kosa, Erik) |
| Filing 23 DECLARATION of Robert Lapidus in Support re: #21 MOTION to Dismiss and Compel Arbitration.. Document filed by ARF Financial LLC, Washington Business Bank. (Attachments: #1 Exhibit Exhibit A - Federico Restaurant's Merchant Agreement (Part 1), #2 Exhibit Exhibit A - Federico Restaurant's Merchant Agreement (Part 2)).(Kosa, Erik) |
| Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss and Compel Arbitration. . Document filed by ARF Financial LLC, Washington Business Bank..(Kosa, Erik) |
| Filing 21 MOTION to Dismiss and Compel Arbitration. Document filed by ARF Financial LLC, Washington Business Bank..(Kosa, Erik) |
Filing 20
ORDER: It is ORDERED that: 1. By September 24, 2020, Defendants shall file their motion to dismiss; 2. By October 22, 2020, Plaintiffs shall file their opposition papers; and 3. By November 5, 2020, Defendants shall file any reply. SO ORDERED. (Motions due by 9/24/2020. Responses due by 10/22/2020. Replies due by 11/5/2020). (Signed by Judge Analisa Torres on 8/20/2020) (rjm)
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| Filing 19 LETTER addressed to Judge Analisa Torres from Robert M. Calica dated 08/17/20 re: Response in Opposition to Defendants' Pre-Motion Letter of 8/12/20. Document filed by Federico's Restaurant Inc., Julian Medina, Luis R. Skibar, Ebrahim S.M. Sobhan, Toloache, Inc...(Serfaty, Judah) |
| Filing 18 LETTER addressed to Judge Analisa Torres from Erik M. Kosa dated August 12, 2020 re: Plaintiffs' Complaint. Document filed by ARF Financial LLC, Washington Business Bank. (Attachments: #1 Exhibit Exhibit A).(Kosa, Erik) |
| Filing 17 MOTION for Erik Mattingly Kosa to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21099614. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ARF Financial LLC, Washington Business Bank. (Attachments: #1 Declaration of Erik Kosa in Support of Motion for Admission Pro Hac Vice, #2 DC Bar Certificate of Good Standing, #3 [PROPOSED] Order for Admission Pro Hac Vice, #4 Certificate of Service of Motion for Admission Pro Hac Vice).(Kosa, Erik) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Erik Mattingly Kosa to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21099614. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 16 MOTION for Allen Hand Denson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21013484. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ARF Financial LLC, Washington Business Bank. (Attachments: #1 Affidavit Declaration, #2 Certificate of Good Standing, #3 Text of Proposed Order, #4 Certificate of Service).(Denson, Allen) |
| Filing 15 MOTION for Allen Hand Denson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21010371. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ARF Financial LLC, Washington Business Bank..(Denson, Allen) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #15 MOTION for Allen Hand Denson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21010371. 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 DC Bar;. 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.. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Allen Hand Denson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21013484. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. ARF Financial LLC waiver sent on 7/20/2020, answer due 9/18/2020; Washington Business Bank waiver sent on 7/20/2020, answer due 9/18/2020. Document filed by Ebrahim S.M. Sobhan; Federico's Restaurant Inc. ; Luis R. Skibar; Toloache, Inc.; Julian Medina..(Serfaty, Judah) |
| Filing 13 AMENDED COMPLAINT amending #1 Complaint against ARF Financial LLC, Washington Business Bank with JURY DEMAND.Document filed by Ebrahim S.M. Sobhan, Federico's Restaurant Inc., Luis R. Skibar, Toloache, Inc., Julian Medina. Related document: #1 Complaint..(Serfaty, Judah) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to ARF Financial LLC, Washington Business Bank..(dnh) |
| Filing 11 NOTICE OF APPEARANCE by Edward M. Ross on behalf of Federico's Restaurant Inc., Julian Medina, Luis R. Skibar, Ebrahim S.M. Sobhan, Toloache, Inc...(Ross, Edward) |
| Filing 10 NOTICE OF APPEARANCE by Judah Serfaty on behalf of Federico's Restaurant Inc., Julian Medina, Luis R. Skibar, Ebrahim S.M. Sobhan, Toloache, Inc...(Serfaty, Judah) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to WASHINGTON BUSINESS BANK and ARF FINANCIAL LLC, re: #1 Complaint. Document filed by Federico's Restaurant Inc., Julian Medina, Luis R. Skibar, Ebrahim S.M. Sobhan, Toloache, Inc...(Serfaty, Judah) |
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Filing 8
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are strongly encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 7/03/2020) (ama)
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Filing 7
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by September 16, 2020, email a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by September 16, 2020, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. And as set forth herein. SO ORDERED. (Signed by Judge Analisa Torres on 7/03/2020) (ama)
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Filing 6
INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 11:40 a.m., on September 23, 2020, to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. Principal trial counsel must appear at this and all subsequent conferences. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS NOTICE AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. and as set forth herein. SO ORDERED., ( Telephone Conference set for 9/23/2020 at 11:40 AM before Judge Analisa Torres.) Initial Conference set for 9/23/2020 at 11:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 7/03/2020) (ama)
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| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Washington Business Bank, ARF Financial, re: #1 Complaint. Document filed by Federico's Restaurant Inc., Julian Medina, Luis R. Skibar, Ebrahim S.M. Sobhan, Toloache, Inc...(Serfaty, Judah) Modified on 7/6/2020 (pc). |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne) |
| Case Designated ECF. (pne) |
| Magistrate Judge Sarah L. Cave 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. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Marvin Calica. The party information for the following party/parties has been modified: ARF Financial LLC. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert Marvin Calica. The following case opening statistical information was erroneously selected/entered: Dollar Demand $2,000,000. 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. (pne) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Toloache, Inc...(Calica, Robert) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Federicos Restaurant Inc...(Calica, Robert) |
| Filing 2 CIVIL COVER SHEET filed..(Calica, Robert) |
| Filing 1 COMPLAINT against ARF Financial, Washington Business Bank. (Filing Fee $ 400.00, Receipt Number ANYSDC-20511971)Document filed by Ebrahim S.M. Sobhan, Federicos Restaurant Inc., Luis R. Skibar, Toloache, Inc., Julian Medina..(Calica, Robert) |
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