American Express National Bank v. Tom Biscardi Associates, LLC et al
Plaintiff: American Express National Bank
Defendant: Tom Biscardi Associates, LLC d/b/a Bigfoot Project Investments, Inc., Carmine Biscardi and Tom Biscardi Associates, LLC
Case Number: 1:2021cv02482
Filed: March 22, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1446 bc
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 20, 2021 Filing 15 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by American Express National Bank..(Zapffe, Carl)
April 28, 2021 Filing 14 MEMO ENDORSEMENT on #12 terminating #10 Letter Motion for Conference re: #10 FIRST LETTER MOTION for Conference Pre Motion addressed to Judge Katherine Polk Failla. ENDORSEMENT: The Court is in receipt of Defendants' letter motion requesting a pre-motion conference on their anticipated motion to dismiss the Complaint (Dkt. #10), as well as Plaintiff's above response (Dkt. #12). The parties should be prepared to discuss the anticipated motion and the possibility of settlement at the initial pretrial conference scheduled for May 26, 2021. The Clerk of Court is directed to terminate the motion at docket entry 10. (Signed by Judge Katherine Polk Failla on 4/28/2021) (rro)
April 28, 2021 Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American Express Company for American Express National Bank. Document filed by American Express National Bank..(Zapffe, Carl)
April 28, 2021 Filing 12 LETTER addressed to Judge Katherine Polk Failla from Carl E. Zapffe dated April 28, 2021 re: Defendants' Pre-Motion Conference Request. Document filed by American Express National Bank..(Zapffe, Carl)
April 23, 2021 Opinion or Order Filing 11 MEMO ENDORSED ORDER re: #9 Notice of Substitution of Attorney filed by Tom Biscardi Associates, LLC, Carmine Biscardi. ENDORSEMENT: The Clerk of Court is directed to terminate Andrew Lipetz as counsel of record for Defendants in this matter., Attorney Andrew Keith Lipetz terminated. (Signed by Judge Katherine Polk Failla on 4/23/2021) (nb)
April 22, 2021 Filing 10 FIRST LETTER MOTION for Conference Pre Motion addressed to Judge Katherine Polk Failla. Document filed by Carmine Biscardi, Tom Biscardi Associates, LLC..(Paul, Richard)
April 22, 2021 Filing 9 NOTICE of Substitution of Attorney. Old Attorney: New Attorney: Address:. Document filed by Carmine Biscardi, Tom Biscardi Associates, LLC..(Paul, Richard)
April 22, 2021 Opinion or Order Filing 8 NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on May 26, 2021, at 11:30 a.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Initial Conference set for 5/26/2021 at 11:30 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 4/22/2021) (nb)
March 26, 2021 Filing 7 NOTICE OF APPEARANCE by Carl Edward Zapffe on behalf of American Express National Bank..(Zapffe, Carl)
March 24, 2021 Filing 6 CIVIL COVER SHEET filed..(Lipetz, Andrew)
March 24, 2021 Case Designated ECF. (jgo)
March 24, 2021 Magistrate Judge Sarah Netburn 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 24, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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 24, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew Keith Lipetz. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Nature of Suit code 150 (Contract: Recovery/Enforcement); Citizenship Plaintiff code 2 (Citizen of Another State); Dollar Demand $98,273,000; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1446; the Nature of Suit code has been modified to 190 (Contract: Other); the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Dollar Demand has been modified to $98,000; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo)
March 24, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew Keith Lipetz. The party information for the following party/parties has been modified: Tom Biscardi Associates, LLC d/b/a Bigfoot Project Investments, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name was modified to add alias separatelY. (jgo)
March 24, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Andrew Keith Lipetz to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code was not selected; multiple Citizenship Defendant codes were selected;. 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 23, 2021 Filing 5 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Carmine Biscardi, Tom Biscardi Associates, LLC d/b/a Bigfoot Project Investments, Inc...(Lipetz, Andrew)
March 23, 2021 Filing 4 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Lipetz, Andrew) Modified on 3/24/2021 (jgo).
March 23, 2021 Filing 3 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 655301-20..Document filed by Carmine Biscardi, Tom Biscardi Associates, LLC d/b/a Bigfoot Project Investments, Inc.. (Attachments: #1 Exhibit Summons and Complaint - NYS Action, #2 Exhibit Declaration in Support of Removal).(Lipetz, Andrew)
March 23, 2021 Filing 2 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 655301-20..Document filed by American Express National Bank. (Attachments: #1 Exhibit Summons and Complaint - NYS Action, #2 Affidavit Declaration in Support of Removal).(Lipetz, Andrew) Modified on 3/23/2021 (jgo).
March 23, 2021 Filing 1 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Lipetz, Andrew) Modified on 3/23/2021 (jgo).
March 23, 2021 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Andrew Keith Lipetz. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)
March 23, 2021 ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Andrew Keith Lipetz to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 3/29/2021. (jgo)
March 23, 2021 Civil Case Opening Fee Paid electronically via Pay.gov: for #2 Notice of Removal. Filing fee $ 402.00. Pay.gov receipt number ANYSDC-24288688, paid on 3/22/2021. (laq)

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Defendant: Tom Biscardi Associates, LLC d/b/a Bigfoot Project Investments, Inc.
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Defendant: Carmine Biscardi
Represented By: Richard St Paul
Represented By: Andrew Keith Lipetz
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Defendant: Tom Biscardi Associates, LLC
Represented By: Richard St Paul
Represented By: Andrew Keith Lipetz
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Plaintiff: American Express National Bank
Represented By: Carl Edward Zapffe
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