Aquino v. Alexander Capital LP
Plaintiff: John J. Aquino and Convergent Distributors of Texas, LLC, as Assignee of John J. Aquino, Chapter 7 Trustee
Defendant: Alexander Capital LP
Case Number: 1:2021cv01355
Filed: February 16, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Jed S Rakoff
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1334
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 8, 2021 Opinion or Order Filing 13 ORDER FOR ADMISSION PRO HAC VICE ON BEHALF OF BRYAN WARD, ESQ. granting #12 Motion for Bryan Myerson Ward to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice 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 Rules governing discipline of attorneys. (Signed by Judge Jed S. Rakoff on 4/8/2021) (kv)
April 2, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Bryan Myerson Ward to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
April 1, 2021 Opinion or Order Filing 12 MOTION for Bryan Myerson Ward to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alexander Capital LP. (Attachments: #1 Exhibit Attachment 1: California SC Letter of Good Standing, #2 Exhibit Attachment 2: FL SC Certificate of Good Standing, #3 Exhibit Attachment 3: GA SC Certificate of Good Standing, #4 Affidavit Attachment 4: B. Ward Affidavit, #5 Text of Proposed Order Proposed Order for B. Ward Admission Pro Hac Vice).(Ward, Bryan)
March 15, 2021 Opinion or Order Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Bryan Myerson Ward to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alexander Capital LP. (Attachments: #1 Exhibit CA Letter of Good Standing, #2 Exhibit FL Certificate of Good Standing, #3 Exhibit GA Letter of Good Standing, #4 Exhibit Affidavit of B. Ward, #5 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Ward, Bryan) Modified on 3/15/2021 (vba).
March 15, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for Bryan Myerson Ward to Appear Pro Hac Vice . 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 SUPREME COURT OF CALIFORNIA; SUPREME COURT OF FLORIDA;. 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. (vba)
March 12, 2021 Opinion or Order Filing 10 ORDER FOR ADMISSION PRO HAC VICE On Behalf Of Aaron Wright, Esq. granting #9 Motion for Aaron Wright, Esq. to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice 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 Rules governing discipline of attorneys. (Signed by Judge Jed S. Rakoff on 3/12/2021) (va)
March 11, 2021 Opinion or Order Filing 9 FIRST MOTION for Aaron Andrew Wright to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24240212. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alexander Capital LP. (Attachments: #1 Exhibit Certificate of Good Standing - GA, #2 Exhibit Certificate of Good Standing - MA, #3 Affidavit Affidavit of Aaron Wright, #4 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Wright, Aaron)
March 11, 2021 Opinion or Order Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Bryan Myerson Ward to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24238886. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alexander Capital LP. (Attachments: #1 Exhibit Attachment 1: California Letter of Good Standing, #2 Exhibit Attachment 2: FL Certificate, #3 Exhibit Attachment 3: GA Letter of Good Standing, #4 Exhibit Attachment 4: B. Ward Affidavit).(Ward, Bryan) Modified on 3/11/2021 (wb).
March 11, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 FIRST MOTION for Bryan Myerson Ward to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24238886. 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 Supreme Court of Florida and Californa; missing Proposed Order; Affidavit is not notarized;. 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)
March 11, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 FIRST MOTION for Aaron Andrew Wright to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24240212. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 9, 2021 Opinion or Order Filing 7 ORDER FOR ADMISSION PRO HAC VICE On Behalf Of Jan R. Schlichtmann, Esq. granting #6 Motion for Jan R. Schlichtmann, Esq. to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice 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 discipline of attorneys. (Signed by Judge Jed S. Rakoff on 3/9/2021) (va)
March 8, 2021 Opinion or Order Filing 6 MOTION for Jan Richard Schlichtmann, Esq. to Appear Pro Hac Vice On Behalf of Convergent Distributors of Texas, LLC as Assignee by way of Assignment from Plaintiff John J. Aquino, Chapter 7 Trustee. Filing fee $ 200.00, receipt number ANYSDC-24216650. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Convergent Distributors of Texas, LLC, as Assignee of John J. Aquino, Chapter 7 Trustee. (Attachments: #1 Exhibit Attachment 1 (2-26-21 Cert of Good Standing), #2 Affidavit Attachment 2 (3-8-21 Affidavit of Jan Schlichtmann, Esq), #3 Text of Proposed Order Re Pro Hac Vice Motion By Jan Schlichtmann, Esq.).(Schlichtmann, Jan)
March 8, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Jan Richard Schlichtmann, Esq. to Appear Pro Hac Vice On Behalf of Convergent Distributors of Texas, LLC as Assignee by way of Assignment from Plaintiff John J. Aquino, Chapter 7 Trustee. Filing fee $ 200.00, receipt number A. The document has been reviewed and there are no deficiencies. (wb)
February 22, 2021 Opinion or Order Filing 5 ORDER GRANTING ENLARGEMENT OF TIME FORFILING OF RESPONSIVE PLEADINGS granting #4 Motion for Extension of Time. The Parties' motion for an enlargement of time to file responsive pleadings is granted. IT IS HEREBY ORDERED that Defendant's responsive pleading shall now be due on or before April 20, 2021. (Signed by Judge Jed S. Rakoff on 2/22/2021) (mml)
February 22, 2021 Opinion or Order Set/Reset Deadlines: Responses due by 4/20/2021. (mml)
February 22, 2021 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/22/2021. (Kotowski, Linda)
February 19, 2021 Opinion or Order Filing 4 THIRD MOTION for Extension of Time to File Responsive Pleadings. Document filed by Alexander Capital LP. (Attachments: #1 Stip. for Enlargement of time, #2 Text of Proposed Order Proposed Order Granting Extension of Time).(Holcomb, M. Scott)
February 19, 2021 Opinion or Order Filing 3 NOTICE OF APPEARANCE by Stephen Z Starr on behalf of Convergent Distributors of Texas, LLC, as Assignee of John J. Aquino, Chapter 7 Trustee..(Starr, Stephen)
February 18, 2021 Opinion or Order Filing 2 NOTICE OF APPEARANCE by M. Scott Holcomb on behalf of Alexander Capital LP..(Holcomb, M. Scott)
February 16, 2021 Opinion or Order Filing 1 BANKRUPTCY TRANSFER IN: Received certified copy of docket entries and documents numbered 1-31 from the United States Bankruptcy Court -District of Massachusetts, Case Number: 20-01127(MPS). (sjo) Modified on 2/16/2021 (sjo).
February 16, 2021 Opinion or Order Case Designated ECF. (sjo)
February 16, 2021 Opinion or Order Magistrate Judge Ona T. Wang 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. (sjo)
February 16, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Jed S. Rakoff. 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. (sjo)
February 16, 2021 Opinion or Order NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)

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Defendant: Alexander Capital LP
Represented By: Bryan Ward
Represented By: Aaron Wright
Represented By: M. Scott Holcomb
Represented By: Bryan Myerson Ward
Represented By: Aaron Jacob Wright
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Plaintiff: John J. Aquino
Represented By: Donald F. Farrell, Jr.
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Plaintiff: Convergent Distributors of Texas, LLC, as Assignee of John J. Aquino, Chapter 7 Trustee
Represented By: Jan Richard Schlichtmann
Represented By: Stephen Z Starr
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