FCS Advisors, LLC v. Smokin Joes BBQ et al
| FCS Advisors, LLC doing business as Brevet Capital Advisors |
| Smokin Joes BBQ and Joe T Sells |
| 1:2023cv07345 |
| August 18, 2023 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Contract: Other |
| 15 U.S.C. § 294 Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on November 15, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 CLERK'S CERTIFICATE OF DEFAULT as to Smokin Joes BBQ and Joe T Sells. (tp) |
| Filing 17 DECLARATION of M. Todd Parker re: #16 Proposed Clerk's Certificate of Default . Document filed by FCS Advisors, LLC. (Attachments: #1 Exhibit Request for Clerk's Certificate of Default).(Tannenbaum, Wendy) |
| Filing 16 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by FCS Advisors, LLC..(Tannenbaum, Wendy) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 15 MEMO ENDORSEMENT on re: #14 Letter filed by FCS Advisors, LLC. ENDORSEMENT: Defendant has not responded to the Court's OSHOW by September 27, 2023. ECF No. 12. Plaintiff is directed to seek a default judgment in compliance with Attachment A of my individual practices. (Signed by Judge Andrew L. Carter, Jr on 9/29/2023) (ate) |
| Filing 14 LETTER addressed to Judge Andrew L. Carter, Jr. from M. Todd Parker dated 9/29/2023 re: Defendants' Failure to Respond to Order to Show Cause. Document filed by FCS Advisors, LLC..(Parker, Michael) |
| Filing 13 AFFIDAVIT OF SERVICE of Order to Show Cause served on Defendants Smokin Joes BBQ and Joe T. Sells on 9/21/2023. Document filed by FCS Advisors, LLC..(Parker, Michael) |
Filing 12
ORDER TO SHOW CAUSE: Accordingly, Defendants are hereby ORDERED TO SHOW CAUSE why an Order should not be issued pursuant to Fed. R. Civ. P. 55 instructing Plaintiff to seek default judgment against Defendant for failure to otherwise defend this action. Such showing should be made by filing a written response to this Order by September 27, 2023. Plaintiff is directed to serve this order to show cause on Defendant by September 21, 2023 and file an affidavit of service by that date. Plaintiff's motion, ECF No. 11, is DENIED at this time. (Signed by Judge Andrew L. Carter, Jr on 9/20/2023) (ate)
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| Filing 11 LETTER addressed to Judge Andrew L. Carter, Jr. from M. Todd Parker dated 9/12/2023 re: Plaintiff's Request for Pre-Motion Conference to File Motion for Summary Judgment. Document filed by FCS Advisors, LLC..(Parker, Michael) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,. Joe T Sells served on 8/24/2023, answer due 9/14/2023. Service was accepted by Joe T. Sells. Document filed by FCS Advisors, LLC..(Parker, Michael) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint,. Smokin Joes BBQ served on 8/24/2023, answer due 9/14/2023. Service was accepted by Joe T. Sells, Owner. Document filed by FCS Advisors, LLC..(Parker, Michael) |
| NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Unassigned is no longer assigned to the case. (tro) |
| 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. (tro) |
| CASE ACCEPTED AS RELATED. Create association to 1:23-cv-07341-ALC. Notice of Assignment to follow. (tro) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Smokin Joes BBQ..(jgo) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Smokin Joes BBQ, re: #1 Complaint,. Document filed by FCS Advisors, LLC..(Parker, Michael) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Joe T Sells. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Todd Parker. The party information for the following party/parties has been modified: FCS Advisors, LLC d/b/a Brevet Capital Advisors. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly. (sj) |
| Case Designated ECF. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Todd Parker to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name error, Defendant's name must match exactly as pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| CASE REFERRED TO Judge Andrew L. Carter, Jr. as possibly related to 1:23cv7341. (sj) |
| Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 23-cv-7341. Document filed by FCS Advisors, LLC d/b/a Brevet Capital Advisors..(Parker, Michael) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Joe T. Sells, re: #1 Complaint,. Document filed by FCS Advisors, LLC d/b/a Brevet Capital Advisors..(Parker, Michael) |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Smokin Joes BBQ, re: #1 Complaint. Document filed by FCS Advisors, LLC d/b/a Brevet Capital Advisors.(Parker, Michael) Modified on 8/21/2023 (sj). |
| Filing 2 CIVIL COVER SHEET filed..(Parker, Michael) |
| Filing 1 COMPLAINT against Joe T Sells, Smokin Joes BBQ. (Filing Fee $ 402.00, Receipt Number ANYSDC-28168519)Document filed by FCS Advisors, LLC d/b/a Brevet Capital Advisors. (Attachments: #1 Exhibit Exhibit A - Agreements, #2 Exhibit Exhibit B - IRS Transcript).(Parker, Michael) |
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