Golden Pear Funding Opco, LLC v. Advanced Medical Treatment Center, Inc.
| Golden Pear Funding Opco, LLC |
| Advanced Medical Treatment Center, Inc. |
| 1:2023cv10096 |
| November 16, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 23, 2024. A more recent docket listing may be available from PACER.
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Filing 24
ORDER: Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by January 23, 2024. Pursuant to Paragraph 1.B. of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, any amended complaint should be filed with a redline showing all differences between the original and revised filing. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. If Defendant files an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendant files a new motion to dismiss or indicates that it relies on its previously filed motion to dismiss, any opposition shall be filed within fourteen days, and any reply shall be filed within seven days of any opposition. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by January 23, 2024. Defendant's reply, if any, shall be filed by January 30, 2024. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for February 7, 2024 is adjourned sine die. SO ORDERED., ( Amended Pleadings due by 1/23/2024., Responses due by 1/23/2024, Replies due by 1/30/2024.) (Signed by Judge Jesse M. Furman on 1/02/2024) (ama)
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Filing 23
FIRST MOTION to Dismiss , or in the alternative,., MOTION for More Definite Statement . Document filed by Advanced Medical Treatment Center, Inc...(Leonov, Roman)
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Filing 22
ORDER granting #21 Motion for Richard Guzman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 AMENDED MOTION for Richard Guzman 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. (rju)
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Filing 21
AMENDED MOTION for Richard Guzman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Advanced Medical Treatment Center, Inc.. (Attachments: #1 Affidavit Affidavit of good standing, #2 Exhibit 1 - FL certificate of good standing, #3 Exhibit 2 - FL Supreme Court certificate of good standing, #4 Proposed Order proposed order).(Leonov, Roman)
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Filing 20
NOTICE OF APPEARANCE by Harrison Ross DuBosar on behalf of Golden Pear Funding Opco, LLC..(DuBosar, Harrison)
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Filing 19
MEMO ENDORSED ORDER granting #18 Motion for Extension of Time to Answer re #18 MOTION for Extension of Time to File Answer re: #1 Complaint or move with regard thereto, unopposed by the plaintiff., #1 Complaint. ENDORSEMENT: Application GRANTED. Defendant's counsel is reminded that, pursuant to Rule 2(E) of the Court's Individual Rules, all requests for extensions shall be made at least 48 hours prior to the deadline. The Clerk is directed to terminate ECF No. 18. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/12/23) (yv)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #17 MOTION for Richard Guzman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28678721. 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 Florida; missing Proposed Order;. 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.. (rju)
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Filing 18
MOTION for Extension of Time to File Answer re: #1 Complaint or move with regard thereto, unopposed by the plaintiff. Document filed by Advanced Medical Treatment Center, Inc.. (Attachments: #1 Exhibit proposed order).(Leonov, Roman)
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Filing 17
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Richard Guzman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28678721. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Advanced Medical Treatment Center, Inc.. (Attachments: #1 Affidavit Affidavit of good standing, #2 Exhibit Certificate of good standing).(Leonov, Roman) Modified on 12/12/2023 (rju).
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Filing 16
NOTICE OF APPEARANCE by Roman Leonov on behalf of Advanced Medical Treatment Center, Inc...(Leonov, Roman)
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Filing 15
ORDER. The Court denied this motion yesterday as moot/duplicative - overlooking that the motion that the Court had granted was for a different person with the same last name and first initial. The Court apologizes for its inadvertent oversight. The Court's denial of yesterday, ECF No. 14, is VACATED, and the motion is GRANTED. (Signed by Judge Jesse M. Furman on 12/8/23) (yv)
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Filing 14
Vacated as per Judges Order dated 12/8/2023 Doc. # 15 ORDER denying as moot/duplicative #12 Motion for Howard D. DuBosar to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) Modified on 12/8/2023 (yv).
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Filing 13
ORDER granting #11 Motion for Harrison R. DuBosar to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 12
AMENDED MOTION for Howard D. DuBosar to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Golden Pear Funding Opco, LLC. (Attachments: #1 Exhibit A. Good Standing, #2 Exhibit B. Proposed Order).(Stewart, John)
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Filing 11
AMENDED MOTION for Harrison R. DuBosar to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Golden Pear Funding Opco, LLC. (Attachments: #1 Exhibit A. Good Standing, #2 Exhibit B. Proposed Order).(Stewart, John)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 AMENDED MOTION for Howard D. DuBosar 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. (va)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 AMENDED MOTION for Harrison R. DuBosar 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. (va)
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Filing 10
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - AMENDED MOTION for Howard D. DuBosar to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Golden Pear Funding Opco, LLC. (Attachments: #1 Exhibit A. Good Standing, #2 Exhibit B. Proposed Order).(Stewart, John) Modified on 11/27/2023 (vba).
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Filing 9
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - AMENDED MOTION for Harrison R. DuBosar to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Golden Pear Funding Opco, LLC. (Attachments: #1 Exhibit A. Good Standing, #2 Exhibit B. Proposed Order).(Stewart, John) Modified on 11/27/2023 (vba).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #10 AMENDED MOTION for Howard D. DuBosar to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Must sign with ink signature when not using your own pacer account.;. 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. (vba)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #9 AMENDED MOTION for Harrison R. DuBosar to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Must sign with ink signature when not using your own pacer account. 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. (vba)
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Filing 8
AFFIDAVIT OF SERVICE. Advanced Medical Treatment Center, Inc. served on 11/20/2023, answer due 12/11/2023. Document filed by Golden Pear Funding Opco, LLC..(Stewart, John)
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Filing 7
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Howard D. DuBosar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28599697. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Golden Pear Funding Opco, LLC. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Proposed Order).(Stewart, John) Modified on 11/21/2023 (sgz).
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Filing 6
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Harrison R. DuBosar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28599611. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Golden Pear Funding Opco, LLC. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Proposed Order).(Stewart, John) Modified on 11/21/2023 (sgz).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #7 FIRST MOTION for Howard D. DuBosar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28599697. 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 Florida 850-488-0125. 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. (sgz)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #6 FIRST MOTION for Harrison R. DuBosar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28599611. 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 Florida 850-488-0125. 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. (sgz)
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on February 7, 2024 at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Initial Conference set for 2/7/2024 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 11/20/2023) (rro)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Advanced Medical Treatment Center, Inc...(pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John David Stewart. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 150 (Contract: Recovery/Enforcement); Citizenship Plaintiff code 2 (Citizen of Another State); Citizenship Defendant code 2 (Citizen of Another State);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 190 (Contract: Other); the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State);. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John David Stewart. The party information for the following party/parties has been modified: Golden Pear Funding Opco, LLC, Advanced Medical Treatment Center, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (pc)
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Case Designated ECF. (pc)
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Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. 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)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Advanced Medical Treatment Center, Inc., re: #1 Complaint. Document filed by Golden Pear Funding Opco, LLC..(Stewart, John)
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Filing 2
CIVIL COVER SHEET filed..(Stewart, John)
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Filing 1
COMPLAINT against Advanced Medical Treatment Center, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28579978)Document filed by Golden Pear Funding Opco, LLC..(Stewart, John)
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| Plaintiff: Golden Pear Funding Opco, LLC | |
| Represented By: | John David Stewart |
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| Defendant: Advanced Medical Treatment Center, Inc. | |
| Represented By: | Roman Leonov |
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