Libman v. Hercules, Corp.
| Abraham Libman |
| Hercules, Inc. and Hercules, Corp. |
| 1:2021cv00829 |
| January 29, 2021 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Other Fraud |
| 28 U.S.C. ยง 1332 dtp |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 23, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 EXHIBIT TO PLEADING re: #14 Amended Complaint,. Document filed by Abraham Libman..(Fraietta, Philip) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Philip Lawrence Fraietta re: Document No. #14 Second Amended Complaint. The filing is deficient for the following reason(s): Court's leave has not been granted.. 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. (jgo) |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - SECOND AMENDED COMPLAINT amending #9 Amended Complaint against Hercules, Corp. with JURY DEMAND.Document filed by Abraham Libman. Related document: #9 Amended Complaint..(Fraietta, Philip) Modified on 3/25/2021 (jgo). |
| Filing 13 RESPONSE re: #12 LETTER MOTION for Conference (pre-motion) and issuance of a briefing schedule on Defendant's proposed motion to dismiss addressed to Judge Paul G. Gardephe from Marc. J. Weingard, Attorney for Defendant dated 03/10/2021. . Document filed by Abraham Libman..(Fraietta, Philip) |
| Filing 12 LETTER MOTION for Conference (pre-motion) and issuance of a briefing schedule on Defendant's proposed motion to dismiss addressed to Judge Paul G. Gardephe from Marc. J. Weingard, Attorney for Defendant dated 03/10/2021. Document filed by Hercules, Inc...(Weingard, Marc) |
Filing 11
STIPULATION RE: SUBSTITUTION OF PARTIES: NOW THEREFORE, in consideration of the mutual covenants and promises set forth in this Stipulation, as well as the good and valuable consideration provided for herein, IT IS HEREBY STIPULATED by and between the Parties, through their respective counsel that: 1. On February 24, 2021, Plaintiff shall file an amended complaint pursuant to Fed. R. Civ. P. 15(a)(l) naming Hercules, Corp. as the sole defendant; 2. Plaintiffs claims against Hercules, Inc. are hereby dismissed without prejudice; 3. The caption shall be amended. 4. Pursuant to Fed. R. Civ. P. 15(a)(3), Hercules, Corp. shall respond to Plaintiffs First Amended Complaint on or before March 10, 2021. 5. The Parties agree that Plaintiff shall reserve his right to file a Second Amended Complaint within 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier. IT IS SO ORDERED. (Signed by Judge Paul G. Gardephe on 2/25/2021) (jca)
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| Filing 10 NOTICE OF APPEARANCE by Marc Jay Weingard on behalf of Hercules, Inc...(Weingard, Marc) |
| Filing 9 FIRST AMENDED COMPLAINT amending #1 Complaint against Hercules, Corp. with JURY DEMAND.Document filed by Abraham Libman. Related document: #1 Complaint..(Fraietta, Philip) |
| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by Abraham Libman..(Fraietta, Philip) |
| Filing 7 SUMMONS RETURNED EXECUTED. Hercules, Inc. served on 2/4/2021, answer due 2/25/2021. Service was accepted by Adam M., Employee. Document filed by Abraham Libman..(Fraietta, Philip) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Hercules, Inc...(gp) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to HERCULES, INC., re: #1 Complaint. Document filed by Abraham Libman..(Fraietta, Philip) |
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Filing 4
NOTICE OF PRETRIAL CONFERENCE: Per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, anyone who appears at any SDNY courthouse must complete a questionnaire and have their temperature taken. Please see the instructions, attached below. Completing the questionnaire ahead of time will save time and effort upon entry. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact chambers if you do not meet the requirements. (And as further set forth herein.) SO ORDERED. Initial Conference set for 5/6/2021 at 10:45 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 2/2/2021) (jca)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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) |
| Magistrate Judge Katharine H. Parker 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 Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Philip Lawrence Fraietta to RE-FILE Document No. #3 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; Party name must exactly match what is listed on the complaint caption title;. 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) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Hercules, Inc., re: #1 Complaint. Document filed by Abraham Libman..(Fraietta, Philip) Modified on 2/1/2021 (pc). |
| Filing 2 CIVIL COVER SHEET filed..(Fraietta, Philip) |
| Filing 1 COMPLAINT against Hercules, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-23749055)Document filed by Abraham Libman..(Fraietta, Philip) |
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