DNF Associates, LLC v. HSBC Bank USA, N.A.
| DNF ASSOCIATES, LLC |
| HSBC BANK USA, N.A., and HSBC Bank USA, N.A. |
| 1:2023cv08655 |
| October 2, 2023 |
| US District Court for the Southern District of New York |
| Valerie Figueredo |
| Gregory H Woods |
| Contract: Other |
| 15 U.S.C. § 294 Breach of Contract |
| None |
Docket Report
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Filing 15
ORDER: On November 22, 2023, the Court directed the parties to confer as to whether they consent to proceeding before the assigned Magistrate Judge, and to submit either an executed consent form or a joint letter no later than December 6, 2023. Dkt. No. 14. Neither document has been submitted. Accordingly, the parties are directed to comply with the Court's November 22, 2023 order forthwith, and in no event later than December 14, 2023. (Signed by Judge Gregory H. Woods on 12/7/2023) (rro)
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Filing 14
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order, and as further set forth herein. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/22/2023) (vfr)
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to Answer re #12 LETTER MOTION for Extension of Time to File Answer re: #10 Amended Complaint on Consent to December 8, 2023 addressed to Magistrate Judge Valerie Figueredo from Marc L. Antonecchia dated November 20, 2023., #10 Amended Complaint. Application Granted. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 12. (HSBC Bank USA, N.A. answer due 12/8/2023.) (Signed by Magistrate Judge Valerie Figueredo on 11/21/23) (yv)
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| Filing 12 LETTER MOTION for Extension of Time to File Answer re: #10 Amended Complaint on Consent to December 8, 2023 addressed to Magistrate Judge Valerie Figueredo from Marc L. Antonecchia dated November 20, 2023. Document filed by HSBC Bank USA, N.A...(Antonecchia, Marc) |
| Filing 11 NOTICE OF APPEARANCE by Marc L Antonecchia on behalf of HSBC Bank USA, N.A...(Antonecchia, Marc) |
| Filing 10 FIRST AMENDED COMPLAINT amending #1 Complaint against HSBC Bank USA, N.A..Document filed by DNF Associates, LLC. Related document: #1 Complaint..(Miller, Andrew) |
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Filing 9
ORDER ADMISSION PRO HAC VICE granting #7 Motion for Tyler Christian Garvey to Appear Pro Hac Vice. (Signed by Magistrate Judge Valerie Figueredo on 10/18/2023) (rro)
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Filing 8
ORDER ADMISSION PRO HAC VICE granting #5 MOTION for Andrew Olson Miller to Appear Pro Hac Vice. The motion of Andrew O. Miller for admission to practice Pro Hac Vice in the above captioned matter is granted. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 5. (Signed by Magistrate Judge Valerie Figueredo on 10/17/2023) (jca)
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| Filing 7 MOTION for Tyler Christian Garvey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28436216. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DNF Associates, LLC..(Garvey, Tyler) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Andrew Olson Miller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Tyler Christian Garvey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28436216. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
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Filing 6
ORDER: On October 2, 2023, Plaintiff filed a Complaint. ECF No. 1. Plaintiff has not filed an Affidavit of Service, indicating that Defendant was served with the Amended Complaint. Plaintiff is directed to file an Affidavit of Service with the Court by Thursday, November 09, 2023. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 10/16/2023) (vfr)
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| Filing 5 MOTION for Andrew Olson Miller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DNF Associates, LLC..(Miller, Andrew) |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Andrew Olson Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28381396. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DNF Associates, LLC..(Miller, Andrew) Modified on 10/4/2023 (va). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #4 MOTION for Andrew Olson Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28381396. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (va) |
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Filing 3
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). All such Motions. Referred to Magistrate Judge Valerie Figueredo. (Signed by Judge Gregory H. Woods on 10/03/2023) (ama)
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| Filing 2 CIVIL COVER SHEET filed..(Miller, Andrew) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew O Miller. The party information for the following party/parties has been modified: HSBC BANK USA, N.A, DNF ASSOCIATES, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Andrew O Miller. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew O Miller. The following case opening statistical information was erroneously selected/entered: Dollar Demand 2,088,039,000; County Code Kings. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 2,088,000; the County code has been modified to Erie. (vf) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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 Valerie Figueredo 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 1 COMPLAINT against HSBC BANK USA, N.A.,. (Filing Fee $ 402.00, Receipt Number ANYSDC-28368920)Document filed by DNF ASSOCIATES, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Affidavit Rule 7.1 Statement).(Miller, Andrew) |
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