EBF Holdings, LLC d/b/a Everest Business Funding v. Orbit Energy & Power, LLC et al
| EBF Holdings, LLC d/b/a Everest Business Funding and EBF Holdings, LLC doing business as Everest Business Funding |
| Orbit Energy & Power, LLC and Sean S. Angelini |
| 1:2022cv09873 |
| November 18, 2022 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
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Filing 25
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). Amended Pleadings due by 3/20/2023. Joinder of Parties due by 3/20/2023. Deposition due by 5/26/2023. Fact Discovery due by 5/26/2023. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3 days. Telephone Conference set for 6/28/2023 at 04:20 PM before Judge Lorna G. Schofield. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule.The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/11/2023) (mml)
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Filing 23
NOTICE OF VOLUNTARY DISMISSAL OF ORBIT ENERGY & POWER, LLC, ONLY: Plaintiff EBF Holdings, LLC d/b/a Everest Business Funding ("EBF" or "Plaintiff"), pursuant to Rule 41(a)(1)(A)(i), hereby gives notice that the above-captioned action is voluntarily dismissed, without prejudice, as to Defendant Orbit Energy & Power, LLC ("Orbit"), only. This Notice is appropriate because Orbit has neither answered nor filed a motion for summary judgment in this matter. EBF intends to proceed against Defendant Sean S. Angelini ("Angelini"). So Ordered. Orbit Energy & Power, LLC terminated. (Signed by Judge Lorna G. Schofield on 1/11/2023) (mml)
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Filing 24
ORDER: It is hereby ORDERED that the January 18, 2023, initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendant(s) seek to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 1/11/2023) (mml)
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| Filing 22 JOINT LETTER addressed to Judge Lorna G. Schofield from Pllf EBF and Def Angelii dated 01/11/2023 re: Joint Letter re Scheduling Conference. Document filed by EBF Holdings, LLC. (Attachments: #1 Text of Proposed Order Civil Case Management Plan).(Kehner, Alison) |
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Filing 21
ORDER granting #17 Motion for William D. Irvine Jr. to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 20
ORDER granting #16 Motion for Michael W. Davis to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 19
ORDER granting #15 Motion for Alison D. Kehner to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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| Filing 18 NOTICE of service of the Courts December 9, 2022 Order re: #10 Order for Initial Pretrial Conference,,. Document filed by EBF Holdings, LLC..(Delgado, William) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for William D. Irvine Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27105368. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Michael W. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27105113. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 17 MOTION for William D. Irvine Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27105368. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by EBF Holdings, LLC. (Attachments: #1 Affidavit of William D. Irvine Jr. ISO Motion to Admit PHV, #2 Text of Proposed Order Granting Motion to Admit PHV).(Irvine, William) |
| Filing 16 MOTION for Michael W. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27105113. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by EBF Holdings, LLC. (Attachments: #1 Affidavit of Michael W. Davis ISO Motion for Admission PHV, #2 Text of Proposed Order Granting Motion to Admit PHV).(Davis, Michael) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Alison D. Kehner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27101781. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 15 MOTION for Alison D. Kehner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27101781. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by EBF Holdings, LLC. (Attachments: #1 Affidavit ISO Motion for Admission PHV, #2 Text of Proposed Order for Admission PHV).(Kehner, Alison) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #14 Notice of Voluntary Dismissal, was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
| Filing 14 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Orbit Energy & Power, LLC. Document filed by EBF Holdings, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Delgado, William) |
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time. Application GRANTED. Defendant Angelini shall answer, move or otherwise respond to the Complaint by January 27, 2023.. (Signed by Judge Lorna G. Schofield on 12/14/2022) (kv)
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| Filing 12 CONSENT LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Sean Angelini dated December 14, 2022. Document filed by Sean S. Angelini..(Baglanzis, Angela) |
| Filing 11 NOTICE OF APPEARANCE by Angela L. Baglanzis on behalf of Sean S. Angelini..(Baglanzis, Angela) |
| Set/Reset Deadlines: Sean S. Angelini answer due 1/27/2023. (kv) |
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Filing 10
ORDER: The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. As further set forth by this Order. Initial Conference set for 1/18/2023 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 12/09/2022) (tg)
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| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Sean S. Angelini served on 11/23/2022, answer due 12/14/2022. Service was accepted by Cynthia Medina, Managing Agent. Document filed by EBF Holdings, LLC..(Delgado, William) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Orbit Energy & Power, LLC served on 11/23/2022, answer due 12/14/2022. Service was accepted by Cynthia Medina, Managing Agent. Document filed by EBF Holdings, LLC..(Delgado, William) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Sean S. Angelini. (vf) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Orbit Energy & Power, LLC. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(vf) |
| 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William A Delgado. The party information for the following party/parties has been modified: EBF Holdings, LLC. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (vf) |
| Case Designated ECF. (vf) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Whetstone Holdings, LLC for EBF Holdings, LLC d/b/a Everest Business Funding. Document filed by EBF Holdings, LLC d/b/a Everest Business Funding..(Delgado, William) |
| Filing 4 CIVIL COVER SHEET filed..(Delgado, William) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Sean S. Angelini, re: #1 Complaint,. Document filed by EBF Holdings, LLC d/b/a Everest Business Funding..(Delgado, William) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Orbit Energy & Power, LLC, re: #1 Complaint,. Document filed by EBF Holdings, LLC d/b/a Everest Business Funding..(Delgado, William) |
| Filing 1 COMPLAINT against Sean S. Angelini, Orbit Energy & Power, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26983042)Document filed by EBF Holdings, LLC d/b/a Everest Business Funding. (Attachments: #1 Exhibit A (part 1), #2 Exhibit A (part 2), #3 Exhibit B (part 1), #4 Exhibit B (part 2)).(Delgado, William) |
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