Wells Fargo Equipment Finance, Inc. v. Cohen et al
| Wells Fargo Equipment Finance, Inc. |
| Joseph Cohen and Edward Cohen |
| 1:2024cv00422 |
| January 19, 2024 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on March 7, 2024. A more recent docket listing may be available from PACER.
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Filing 20
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P.26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have taken place. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is one day. Amended Pleadings due by 4/29/2024. Joinder of Parties due by 4/29/2024. Deposition due by 6/28/2024. Pre-Motion Conference set for 7/17/2024 at 04:20 PM before Judge Lorna G. Schofield.To join the conference, the parties shall call (888)363-4749 and use Access Code 558-3333. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar, and to schedule the conference under paragraph 13(c) as a Pre-Motion Conference, even though the conference will be held by telephone. (And as further set forth herein.) So Ordered. (Signed by Judge Lorna G. Schofield on 3/7/2024) (jca)
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Filing 19
ORDER It is hereby ORDERED that the March 7, 2024, initial pretrial conference is CANCELED. If the parties believe that a conference would nevertheless be useful, they should inform the Court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendant(s) seek to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 3/7/2024) (jca)
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| Filing 18 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Civil Case Management Plan and Scheduling Order Document filed by Wells Fargo Equipment Finance, Inc...(Valle, Joseph) |
| Filing 17 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Initial Conference Joint Letter Document filed by Wells Fargo Equipment Finance, Inc...(Valle, Joseph) |
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Filing 16
MEMO ENDORSED ORDER denying #15 Letter Motion to Adjourn Conference. ENDORSEMENT: Application DENIED. The initial pre-trial conference shall proceed as scheduled. The parties shall submit their preconference materials by March 6, 2024. (Signed by Judge Lorna G. Schofield on 3/5/2024) (mml)
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| Filing 15 FIRST LETTER MOTION to Adjourn Conference Scheduled Rule 16 Conference on March 13, 2024 addressed to Judge Lorna G. Schofield from Joseph R. Valle, Jr. dated March 4, 2024. Document filed by Wells Fargo Equipment Finance, Inc.. Return Date set for 5/8/2024 at 09:00 AM..(Valle, Joseph) |
| Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. Edward Cohen waiver sent on 2/6/2024, answer due 4/8/2024; Joseph Cohen waiver sent on 2/6/2024, answer due 4/8/2024. Document filed by Wells Fargo Equipment Finance, Inc...(Valle, Joseph) |
| Filing 13 COMPLAINT against Edward Cohen, Joseph Cohen. Document filed by Wells Fargo Equipment Finance, Inc.. (Attachments: #1 Exhibit Master Loan and Security Agreement, #2 Exhibit Joseph Cohen Guaranty, #3 Exhibit Edward Cohen Guaranty, #4 Exhibit Demand Letters).(Valle, Joseph) |
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Filing 12
ORDER: Initial Conference set for 3/13/2024 at 04:20 PM before Judge Lorna G. Schofield. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. (Signed by Judge Lorna G. Schofield on 1/23/2024) (vfr)
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| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wells Fargo & Company ("WFC"), Other Affiliate WFC Holdings, LLC, Other Affiliate WELLS FARGO BANK, NATIONAL ASSOCIATION for Wells Fargo Equipment Finance, Inc.. Document filed by Wells Fargo Equipment Finance, Inc...(Valle, Joseph) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Joseph Richard Valle to RE-FILE Document No. #10 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joseph Richard Valle to RE-FILE Document No. #8 Complaint. The filing is deficient for the following reason(s): the refiled pleading must match the pleading at Doc. 2, containing all pages. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| Filing 10 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Wells Fargo Equipment Finance, Inc...(Valle, Joseph) Modified on 1/23/2024 (lb). |
| Filing 9 CIVIL COVER SHEET filed..(Valle, Joseph) |
| Filing 8 FILING ERROR DEFICIENT PLEADING - PDF ERROR - COMPLAINT against Edward Cohen, Joseph Cohen. Document filed by Wells Fargo Equipment Finance, Inc...(Valle, Joseph) Modified on 1/23/2024 (jgo). |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Edward Cohen. (vf) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Joseph Cohen. (vf) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Edward Cohen, re: #2 Complaint. Document filed by Wells Fargo Equipment Finance, Inc...(Valle, Joseph) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Joseph Cohen, re: #2 Complaint. Document filed by Wells Fargo Equipment Finance, Inc...(Valle, Joseph) |
| Filing 3 FILING ERROR - DEFICIENT- SIGNATURE ERROR - CIVIL COVER SHEET filed..(Valle, Joseph) Modified on 1/22/2024 (vf). |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Edward Cohen, Joseph Cohen. Document filed by Wells Fargo Equipment Finance, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Valle, Joseph) Modified on 1/22/2024 (vf). |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Joseph Richard Valle, Jr. 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 DEFICIENT PLEADING. Notice to Attorney Joseph Richard Valle, Jr. to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 1/29/2024. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Richard Valle, Jr.. The party information for the following party/parties has been modified: Edward Cohen, Joseph Cohen, Wells Fargo Equipment Finance, Inc. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joseph Richard Valle, Jr.. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf) |
| Magistrate Judge Stewart D. Aaron 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. (vf) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Joseph Richard Valle, Jr. to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): Signature Error. The Form is not properly signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joseph Richard Valle, Jr. to RE-FILE Document No. #2 Complaint. The filing is deficient for the following reason(s): Signature Error. Pleading is not properly signed. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| Filing 1 FILING ERROR - DEFICIENT - PDF ERROR - COMPLAINT against Edward Cohen, Joseph Cohen. (Filing Fee $ 405.00, Receipt Number ANYSDC-28832615)Document filed by Wells Fargo Equipment Finance, Inc.. (Attachments: #1 Supplement Complaint to Enforce Continuing Guaranties, #2 Exhibit Exhibit 1 Master Loan and Security Agreement, #3 Exhibit Exhibit 2 Joseph Cohen Guaranty, #4 Exhibit Exhibit 3 Edward Cohen Guaranty, #5 Exhibit Exhibit 4 Demand Letters, #6 Supplement Rule 7.1 Disclosure Statement).(Valle, Joseph) Modified on 1/22/2024 (vf). |
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