EBF Holdings, LLC d/b/a Everest Business Funding v. Dechoker, LLC d/b/a Dechoker et al
| EBF Holdings, LLC d/b/a Everest Business Funding and EBF Holdings, LLC doing business as Everest Business Funding |
| Dechoker, LLC d/b/a Dechoker, Alan Ray Carver and Dechoker, LLC doing business as Dechoker |
| 1:2023cv02325 |
| March 20, 2023 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Contract: Other |
| 28 U.S.C. § 1332 oc Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on May 5, 2023. A more recent docket listing may be available from PACER.
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| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/5/2023.(ah) |
Filing 16
ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program for settlement of all claims. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 5/12/2023. (Signed by Judge Vernon S. Broderick on 4/28/2023) (jca)
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Filing 15
CASE MANAGEMENT PLANAND SCHEDULING ORDER:Pursuant to Rules 16-26(f) of the Federal Rules of Civil Procedure, the Court hereby adopts the following 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, pursuant to 28 U.S.C. 636(c). The parties have not engaged in settlement discussions. This case is not to be tried to a jury. Depositions shall be completed by August 24, 2023. Deposition due by 11/13/2023. Fact Discovery due by 8/24/2023. Expert Discovery due by 11/13/2023. Discovery due by 12/13/2023. Telephone Conference set for 12/22/2023 at 10:00 AM before Judge Vernon S. Broderick. The dial-in number is 888-363-4749 and the conference code is 2682448. The parties have conferred and their present best estimate of the length of trial is 1 WEEK. (And as further set forth herein.) SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/28/2023) (jca)
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| Filing 14 LETTER addressed to Judge Vernon S. Broderick from David A. Picon dated April 27, 2023 re: Status in response to the Court's Order (Dkt. 13) requesting submission of a Joint Letter. Document filed by EBF Holdings, LLC. (Attachments: #1 Exhibit {Proposed} Case Management Plan and Scheduling Order).(Picon, David) |
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Filing 13
ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by April 27, 2023, the parties submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs: as further set forth herein. (Signed by Judge Vernon S. Broderick on 4/22/2023) (kv)
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| Filing 12 ANSWER to Complaint. Document filed by Alan Ray Carver, Dechoker, LLC..(Heskin, Shane) |
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time to Answer re #10 LETTER MOTION for Extension of Time to File Answer Defendants on Consent of Plaintiff respectfully submit this letter in accordance with your Honor's individual Rule 1.G to request an extension of Defendants' time to answer Plaintiff, #1 Notice of Removal. APPLICATION GRANTED. Defendants shall respond to Plaintiff's complaint by April 20, 2023. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 4/3/2023) (kv)
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| Filing 10 LETTER MOTION for Extension of Time to File Answer Defendants on Consent of Plaintiff respectfully submit this letter in accordance with your Honor's individual Rule 1.G to request an extension of Defendants' time to answer Plaintiff's Complaint addressed to Judge Vernon S. Broderick from Shane Heskin dated March 31, 2023. Document filed by Alan Ray Carver, Dechoker, LLC..(Heskin, Shane) |
| Filing 9 LETTER addressed to Judge Vernon S. Broderick from David A. Picon dated March 31, 2023 re: Joint Status Report. Document filed by EBF Holdings, LLC..(Picon, David) |
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Filing 8
ORDER This case has been removed from the Supreme Court of New York, County of New York. The parties shall provide a joint status letter by April 3, 2023, summarizing the proceedings of this case so far and proposing next steps for the adjudication of this action. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/29/2023) (jca)
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| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by EBF Holdings, LLC..(Picon, David) |
| Filing 6 NOTICE OF APPEARANCE by William Fassuliotis on behalf of EBF Holdings, LLC..(Fassuliotis, William) |
| Filing 5 NOTICE OF APPEARANCE by Matthew Jerome Morris on behalf of EBF Holdings, LLC..(Morris, Matthew) |
| Filing 4 NOTICE OF APPEARANCE by David A. Picon on behalf of EBF Holdings, LLC..(Picon, David) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Shane R. Heskin. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding). The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court). (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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) |
| Case Designated ECF. (vf) |
| 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. (vf) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alan Ray Carver, Dechoker, LLC d/b/a Dechoker..(Heskin, Shane) |
| Filing 2 CIVIL COVER SHEET filed..(Heskin, Shane) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of The State of New York, County of New York. Case Number: 650982/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27489840).Document filed by Alan Ray Carver, Dechoker, LLC d/b/a Dechoker. (Attachments: #1 Exhibit A - Summons, Complaint and State Court Filings, #2 Exhibit B - State Court Docket).(Heskin, Shane) |
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