Hitach Capital America Corp. v. eCapital Corp.
Plaintiff: Hitach Capital America Corp.
Defendant: eCapital Corp.
Case Number: 1:2021cv02426
Filed: March 19, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Analisa Torres
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 bc
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 17, 2021 Filing 25 JOINT LETTER addressed to Judge Analisa Torres from Richard M. Beck dated May 17, 2021 re: Joint Letter re: Consent to Proceeding Before the Magistrate Judge. Document filed by Hitach Capital America Corp...(Rushmore, Craig)
May 17, 2021 Filing 24 JOINT LETTER addressed to Judge Analisa Torres from Richard M. Beck dated May 17, 2021 re: Joint Letter re: Civil Case Management Plan and Scheduling Order. Document filed by Hitach Capital America Corp.. (Attachments: #1 Text of Proposed Order Proposed Case Management Plan and Scheduling Order).(Rushmore, Craig)
May 6, 2021 Filing 23 NOTICE OF APPEARANCE by Brian Johnson on behalf of eCapital Corp...(Johnson, Brian)
May 4, 2021 Filing 22 LETTER addressed to Judge Analisa Torres from Richard M. Beck dated May 5, 2021 re: The Court's Individual Practices (Rule II.B). Document filed by Hitach Capital America Corp...(Rushmore, Craig)
May 3, 2021 Opinion or Order Filing 21 ORDER granting #20 Motion for Brian M. Johnson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ap)
April 30, 2021 Filing 20 MOTION for Brian M. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24478627. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by eCapital Corp.. (Attachments: #1 Affidavit, #2 Good Standing Certificates, #3 Text of Proposed Order).(Waxman, Seth)
April 30, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Brian M. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24478627. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
April 23, 2021 Opinion or Order Filing 19 ORDER granting #18 Motion for Craig E. Rushmore to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ap)
April 23, 2021 Filing 18 MOTION for Craig E. Rushmore to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hitach Capital America Corp.. (Attachments: #1 Affidavit Affidavit of Craig E. Rushmore in Support of Motion Pro Hac Vice, #2 Supplement DE Certificate of Good Standing in Support of Motion Pro Hac Vice, #3 Text of Proposed Order).(Rushmore, Craig)
April 23, 2021 Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Craig E. Rushmore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24442829. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hitach Capital America Corp.. (Attachments: #1 Affidavit Affidavit of Craig E. Rushmore in Support of Craig E. Rushmore's Motion Pro Hac Vice, #2 Supplement DE Certificate of Good Standing in Support of Craig E. Rushmore's Motion Pro Hac Vice, #3 Text of Proposed Order Proposed Order).(Rushmore, Craig) Modified on 4/23/2021 (wb).
April 23, 2021 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #17 MOTION for Craig E. Rushmore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24442829. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Affidavir 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)
April 23, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Craig E. Rushmore 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. (wb)
April 22, 2021 Opinion or Order Filing 16 ORDER granting #15 Motion for Richard M. Beck to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ap)
April 22, 2021 Filing 15 MOTION for Richard M. Beck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24439502. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hitach Capital America Corp.. (Attachments: #1 Affidavit Affidavit of Richard M. Beck in Support of Motion Pro Hac Vice, #2 Supplement NJ Certificate of Good Standing in Support of Motion Pro Hac Vice, #3 Supplement DE Certificate of Good Standing in Support of Motion Pro Hac Vice, #4 Supplement PA Certificate of Good Standing in Support of Motion Pro Hac Vice, #5 Text of Proposed Order Proposed Order to Motion Pro Hac Vice).(Beck, Richard)
April 22, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Richard M. Beck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24439502. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 21, 2021 Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent eCapital Group Corp., Corporate Parent eCapital Group Holdings Corp. for eCapital Corp.. Document filed by eCapital Corp...(Waxman, Seth)
April 21, 2021 Filing 13 ANSWER to #5 Complaint,,. Document filed by eCapital Corp...(Waxman, Seth)
April 12, 2021 Opinion or Order Filing 12 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 encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 4/12/2021) (kv)
April 12, 2021 Opinion or Order Filing 11 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 10:00 a.m. on May 24, 2021, 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. Initial Conference set for 5/24/2021 at 10:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 4/12/2021) (kv)
April 12, 2021 Opinion or Order Filing 10 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. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 4/12/2021) (kv)
April 12, 2021 Filing 9 AFFIDAVIT OF SERVICE. eCapital Corp. served on 3/30/2021, answer due 4/20/2021. Service was accepted by Stephen McDonald, President. Document filed by Hitach Capital America Corp...(McDonald, Matthew)
March 23, 2021 Filing 8 CIVIL COVER SHEET filed..(McDonald, Matthew)
March 22, 2021 Filing 7 ELECTRONIC SUMMONS ISSUED as to eCapital Corp...(jgo)
March 22, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew James McDonald. The following case opening statistical information was erroneously selected/entered: Dollar Demand $6,298,174,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none;. (jgo)
March 22, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Matthew James McDonald to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF was not signed or dated by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
March 22, 2021 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..(jgo)
March 22, 2021 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. (jgo)
March 22, 2021 Case Designated ECF. (jgo)
March 19, 2021 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to eCapital Corp., re: #5 Complaint,,. Document filed by Hitach Capital America Corp...(McDonald, Matthew)
March 19, 2021 Filing 5 COMPLAINT against eCapital Corp.. Document filed by Hitach Capital America Corp.. (Attachments: #1 Exhibit Ex. A - Credit Agreement, #2 Exhibit Ex. B - First Amendment to Credit Agreement, #3 Exhibit Ex. C - Borrower Security Agreement, #4 Exhibit Ex. D - Financing Statement, #5 Exhibit Ex. E - Deposit Account Control Agreement, #6 Exhibit Ex. F - Subordination Agreement, #7 Exhibit Ex. G - Promissory Note, #8 Exhibit Ex. H - Borrowing Certificate, #9 Exhibit Ex. I - Borrowing Certificate, #10 Exhibit Ex. J - Nov 22, 2019 Letter, #11 Exhibit Ex. K - Dec 6, 2019 Letter, #12 Exhibit Ex. L - Dec 16 2019 Letter, #13 Exhibit Ex. M - July 9, 2020 Letter).(McDonald, Matthew)
March 19, 2021 Filing 4 FILING ERROR - SUMMONS REQUEST FILING ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to eCapital Corp., re: #1 Complaint,,,. Document filed by Hitach Capital America Corp...(McDonald, Matthew) Modified on 3/22/2021 (jgo).
March 19, 2021 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hitachi Capital Corporation (Japan) for Hitach Capital America Corp.. Document filed by Hitach Capital America Corp...(McDonald, Matthew)
March 19, 2021 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(McDonald, Matthew) Modified on 3/22/2021 (jgo).
March 19, 2021 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Hitach Capital America Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24279192)Document filed by Hitach Capital America Corp.. (Attachments: #1 Exhibit Ex. A - Credit Agreement, #2 Exhibit Ex. B - First Amendment to Credit Agreement, #3 Exhibit Ex. C - Borrower Security Agreement, #4 Exhibit Ex. D - Financing Statement, #5 Exhibit Ex. E - Deposit Account Control Agreement, #6 Exhibit Ex. F - Subordination Agreement, #7 Exhibit Ex. G - Promissory Note, #8 Exhibit Ex. H - Borrowing Certificate, #9 Exhibit Ex. I - Borrowing Certificate, #10 Exhibit Ex. J - Nov 22, 2019 Letter, #11 Exhibit Ex. K - Dec 6, 2019 Letter, #12 Exhibit Ex. L - Dec 16 2019 Letter, #13 Exhibit Ex. M - July 9, 2020 Letter).(McDonald, Matthew) Modified on 3/22/2021 (jgo).

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Plaintiff: Hitach Capital America Corp.
Represented By: Matthew James McDonald
Represented By: Craig Rushmore
Represented By: Richard Michael Beck
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Defendant: eCapital Corp.
Represented By: Brian Johnson
Represented By: Seth Brian Waxman
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