Air Marshall Motorsports LLC v. Moke America LLC et al.
| Air Marshall Motorsports LLC |
| Todd Rome and Moke America LLC |
| 1:2020cv08047 |
| September 29, 2020 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Contract: Franchise |
| 28 U.S.C. § 1332 ds |
| None |
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Filing 22
STIPULATION AND ORDER: Plaintiff Air Marshall Motorsports, LLC and Defendants Moke America, LLC and Todd Rome, by their undersigned counsel, stipulate and agree as follows 1. Defendants' time to answer, move under Federal Rule of Civil Procedure 12, or otherwise respond to the complaint is extended up to and including December 9, 2020 subject to any further agreed extensions and leave of this Court. 2. The parties shall confer under Federal Rule of Civil Procedure 26(f) by December 23, 2020. 3. The parties hereby request that the Initial Pretrial Conference currently scheduled for December 14, 2020, be hereby rescheduled to a later date convenient for the Court following the Federal Rule of Civil Procedure 26(f) conference on December 23, 2020. 4. This extension may be executed in multiple parts, and a facsimile signature or electronic signature shall have the same effect as an original signature. The IPTC currently scheduled for December 14, 2020 is ADJOURNED and shall proceed instead on January 6, 2021 at 12:00 p.m. SO ORDERED. Moke America LLC answer due 12/9/2020; Todd Rome answer due 12/9/2020.( Initial Conference set for 1/6/2021 at 12:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 11/16/2020) (va)
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| Filing 21 PROPOSED STIPULATION AND ORDER. Document filed by Moke America LLC, Todd Rome..(Pryba, Bradley) |
| Filing 20 NOTICE OF APPEARANCE by Peter Joseph Larkin on behalf of Moke America LLC, Todd Rome..(Larkin, Peter) |
| Filing 19 NOTICE OF APPEARANCE by Cynthia Sue Butera on behalf of Moke America LLC, Todd Rome..(Butera, Cynthia) |
| Filing 18 NOTICE OF APPEARANCE by Bradley Mitchell Pryba on behalf of Moke America LLC, Todd Rome..(Pryba, Bradley) |
| Filing 17 MOTION for Nicole Paolino to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22327055. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Air Marshall Motorsports LLC. (Attachments: #1 Exhibit, #2 Affidavit, #3 Text of Proposed Order).(Pinzler, William) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Nicole Paolino to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22327055. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 16 AFFIDAVIT OF SERVICE. All Defendants. Service was accepted by Todd Rome. Service was made by Mail. Document filed by Air Marshall Motorsports LLC..(Pinzler, William) |
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Filing 15
NOTICE OF INITIAL PRETRIAL CONFERENCE: ORDERED that counsel for all parties appear for an Initial Pretrial Conference by TELEPHONE on December 14, 2020, at 11:00 a.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. Counsel for Plaintiff is ordered to notify Defendants of this Notice. SO ORDERED. Initial Conference set for 12/14/2020 at 11:00 AM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 10/23/2020) (ama)
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| Filing 14 ELECTRONIC SUMMONS ISSUED as to Todd Rome. (sj) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Moke America LLC. (sj) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Tood Rome, re: #9 Amended Complaint. Document filed by Air Marshall Motorsports LLC..(Pinzler, William) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Moke America LLC, re: #9 Amended Complaint. Document filed by Air Marshall Motorsports LLC..(Pinzler, William) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney William Pinzler to RE-FILE Document No. #10 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. THERE ARE 2 SUMMONSES ATTACHED AS 1 PDF. PLEASE DOCKET SEPARATELY EACH SUMMONS. 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. (gp) |
| Filing 10 FILING ERROR - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Moke America LLC; Todd Rome, re: #9 Amended Complaint. Document filed by Air Marshall Motorsports LLC..(Pinzler, William) Modified on 10/9/2020 (gp). |
| Filing 9 FIRST AMENDED COMPLAINT amending #8 Complaint against Air Marshall Motorsports LLC.Document filed by Air Marshall Motorsports LLC. Related document: #8 Complaint..(Pinzler, William) |
| Filing 8 COMPLAINT against Air Marshall Motorsports LLC. Document filed by Air Marshall Motorsports LLC. (Attachments: #1 Civil Cover Sheet).(Pinzler, William) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney William M Pinzler to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney William M Pinzler to RE-FILE Document No. #6 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 wrong party/parties whom the pleading is against were selected; Initial complaint must be refiled correctly before any Amended Complaints can be filed and accepted.. 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) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Moke America; Todd Rome, re: #6 Amended Complaint. Document filed by Air Marshall Motorsports LLC..(Pinzler, William) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint, against Air Marshall Motorsports LLC.Document filed by Air Marshall Motorsports LLC. Related document: #1 Complaint,..(Pinzler, William) Modified on 10/8/2020 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney William M Pinzler to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summons is linked to a deficient pleading; Pleading must be corrected first and summons must be linked to corrected 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. (sj) |
| Filing 5 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Moke America LLC; Todd Rome, re: #1 Complaint. Document filed by Air Marshall Motorsports LLC..(Pinzler, William) Modified on 10/7/2020 (sj). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney William M Pinzler to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the form used for the summons is not the correct official A.O. Summons in a civil action form; Attorney information omitted; Date field and clerk of court field must be blank. 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. (sj) |
| Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Moke America LLC; Todd Rome, re: #1 Complaint. Document filed by Air Marshall Motorsports LLC..(Pinzler, William) Modified on 10/5/2020 (sj). |
| Filing 3 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Air Marshall Motorsports LLC..(Pinzler, William) |
| Filing 2 CIVIL COVER SHEET filed..(Pinzler, William) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney William M Pinzler to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney William M Pinzler to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): Rule 7.1 Corporate Disclosure Statement must be filed under Rule 7.1 Corporate Disclosure Statement found in Other Documents, Other Filings. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney William M Pinzler to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William M Pinzler. The party information for the following party/parties has been modified: Air Marshall Motorsports LLC, Moke America LLC, Todd Rome. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney William M Pinzler to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney William M Pinzler. The following case opening statistical information was erroneously selected/entered: Dollar Demand $200,000; County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Gabriel W. Gorenstein 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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..(pc) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Air Marshall Motorsports LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-21892555)Document filed by Air Marshall Motorsports LLC. (Attachments: #1 Exhibit Summons, #2 Civil Cover Sheet Cover sheet, #3 Exhibit 7.1 statement).(Pinzler, William) Modified on 9/30/2020 (pc). |
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