Wells Advance LLC v. Carpenter

Plaintiff:	Wells Advance LLC
Defendant:	Nicole L Carpenter
Alternative Dispute Resolution (Adr) Provider:	Ahron Stock
Counter Defendant:	Asher Ehrman
Case Number:	1:2022cv09997
Filed:	November 23, 2022
Court:	US District Court for the Southern District of New York
Presiding Judge:	Jennifer L Rochon
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity Action
Jury Demanded By:	None

Docket Report

This docket was last retrieved on July 5, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
December 21, 2022	Filing 15 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/16/2023 at 12:00 PM before Judge Jennifer L. Rochon. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/21/2022) (jca)
December 20, 2022	Filing 14 ANSWER to Complaint., COUNTERCLAIM against Wells Advance LLC, Ahron Stock, Asher Ehrman. Document filed by Nicole L Carpenter. (Attachments: #1 Exhibit 1 - NY Attorney General Action, #2 Exhibit 2- NJ Attorney General Action, #3 Exhibit 3 - FTC Action, #4 Exhibit 4- Entity Information, #5 Exhibit 5- Email from Plaintiff's Attorney, #6 Exhibit 6- NYSCEF Action, #7 Exhibit 7- Stock Affirmation, #8 Exhibit 8- Loan Documents).(Heskin, Shane)
December 20, 2022	Filing 13 NOTICE of (Amended) Removal re: #10 Memorandum & Opinion,,, #1 Notice of Removal,. Document filed by Nicole L Carpenter. (Attachments: #1 Exhibit A- Complaint, #2 Exhibit B - Affidavit of Service, #3 Exhibit C- Docket of State Court, #4 Exhibit D- Affirmation of Service, #5 Exhibit E - Email from Plaintiff's Counsel, #6 Exhibit F- Affidavit of Defendant, #7 Exhibit G- Nevada Entity Information).(Heskin, Shane)
December 19, 2022	Filing 12 AFFIDAVIT OF SERVICE of Defendant's First Set of Interrogatory Requests and Defendant's First Set of Requests For Production of Documents served on Ethan A. Kobre, Counsel for Plaintiff, Wells Advance LLC on December 15, 2022. Service was accepted by L. Aquino, Receptionist/Front Desk. Service was made by Fed Ex. Document filed by Nicole L Carpenter. (Attachments: #1 Exhibit Exhibit A - Fed Ex Proof of Delivery).(Heskin, Shane)
December 14, 2022	Filing 11 AFFIDAVIT OF SERVICE of Defendant's First Set of Interrogatory Requests and Defendant's First Set of Requests For Production of Documents served on Plaintiff, Wells Advance LLC on December 13, 2022. Service was accepted by Service was made by email upon Ethan Kobre, Counsel for Plaintiff, Wells Advance LLC. Document filed by Nicole L Carpenter..(Heskin, Shane)
December 13, 2022	Filing 10 MEMORANDUM OPINION AND ORDER Accordingly, IT IS HEREBY ORDERED that the parties shall undertake and complete such discovery, which shall be limited to document requests and interrogatories sufficient to identify the name and citizenship of all members of the Plaintiff limited liability company, and Defendant shall file an amended Notice of Removal that sets forth the name and citizenship of all members of the Plaintiff limited liability company (including those members' members, down the chain of ownership), by December 20, 2022. In order to provide a rapid determination of jurisdiction, and because this is Defendant's third opportunity to properly allege complete diversity of citizenship, Defendant should not expect any extension of this deadline. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/13/2022) (jca)
December 9, 2022	Filing 9 AFFIDAVIT of Shane Heskin Esquire . Document filed by Nicole L Carpenter. (Attachments: #1 Exhibit Merchant Cash Advance Agreement, #2 Exhibit W.D.N.Y. Order requiring Plaintiff to submit a Disclosure Statement identifying individual's citizenship for purposes of determining diversity, #3 Exhibit Proposed Amendment to FRCP 7.1, #4 Exhibit Continuation of the Proposed Amendment to FRCP 7.1, #5 Exhibit Article Discussing Proposed Amendment to FRCP 7.1, #6 Exhibit Affidavit of Nicole L. Carpenter).(Heskin, Shane)
December 6, 2022	Filing 8 ORDER The Court will afford Defendant a final opportunity to allege complete diversity of citizenship. Accordingly, IT IS HEREBY ORDERED that, by December 9, 2022, Defendant shall file on ECF a letter, supported by one or more sworn affidavits, alleging the citizenship of each party. Defendant shall identify and allege the citizenship of every member of the Plaintiff limited liability company (and those members' members, down the chain of ownership) and the domicile of Defendant. If Defendant does not do so by that date, the Court will remand the action to state court without further notice. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/6/2022) (jca)
December 5, 2022	Filing 7 AFFIDAVIT of Shane Heskin, Esquire . Document filed by Nicole L Carpenter. (Attachments: #1 Exhibit State Action, #2 Exhibit Wells Advance Business Report, #3 Exhibit Affidavit of Ahron Stock, #4 Exhibit Wells Advance Corporate Filing -NV, #5 Exhibit Personal Search for Ahron Stock, #6 Exhibit Wells Advance Corporate Filing -NY, #7 Exhibit Wells Advance Articles of Organization, #8 Exhibit Wells Advance Judgement, #9 Exhibit Wells Advance Complaint in unrelated matter, #10 Exhibit Wells Advance Complaint in unrelated action).(Heskin, Shane)
November 30, 2022	Filing 6 ANSWER to Complaint. Document filed by Nicole L Carpenter. (Attachments: #1 Civil Cover Sheet Cover Sheet).(Heskin, Shane)
November 30, 2022	Filing 5 NOTICE OF APPEARANCE by Ethan Allen Kobre on behalf of Wells Advance LLC..(Kobre, Ethan)
November 29, 2022	Filing 4 AFFIDAVIT OF SERVICE of This Court's Order of November 28, 2022 served on Plaintiff's Counsel, Ethan Kobre on November 28, 2022. Service was accepted by Service was made by email. Document filed by Nicole L Carpenter..(Corey, Alex)
November 28, 2022	Filing 3 ORDER Accordingly, it is hereby ORDERED that, on or before December 5, 2022, Defendant shall file on ECF a letter, supported by one or more sworn affidavits, alleging the citizenship of each party. If, by that date, Defendant is unable to allege a good-faith basis for complete diversity of citizenship, the action may be remanded to the Supreme Court of New York, County of New York, without further notice to the parties. Additionally, Defendant is directed to, withing two business days of this Order, serve on Plaintiff a copy of this Order and file proof of such service on the docket. Counsel for Plaintiff are directed to file a notice of appearance on the docket within two business days of such service. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 11/28/2022) (jca)
November 28, 2022	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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)
November 28, 2022	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. (pc)
November 28, 2022	Case Designated ECF. (pc)
November 23, 2022	Filing 2 CIVIL COVER SHEET filed..(Heskin, Shane)
November 23, 2022	Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 653962/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-27001813).Document filed by Nicole L Carpenter. (Attachments: #1 Exhibit Exhibit A - State Court Action Complaint, #2 Exhibit Exhibit B - State Court Affidavit of Service, #3 Exhibit Exhibit C - State Court Action Docket).(Heskin, Shane)

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Plaintiff: Wells Advance LLC
Represented By:	Ethan Allen Kobre
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Defendant: Nicole L Carpenter
Represented By:	Shane R. Heskin
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Alternative dispute resolution (adr) provider: Ahron Stock
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Counter defendant: Asher Ehrman
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