Budd Larner, P.C. v. Romeo et al
| Budd Larner, P.C. |
| Star Galler and Rocco Romeo |
| Jacqueline Galler |
| 7:2019cv01720 |
| February 25, 2019 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 24, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 26 CLERK'S CERTIFICATE OF DEFAULT as to Rocco Romeo. issued on April 24, 2019. (dt) |
| Filing 25 CERTIFICATE OF SERVICE of Request to Enter Default, Attorney Declaration, proposed Clerk's Certificate of Default served on Rocco Romeo on April 15, 2019. Service was made by Mail (FedEx). Document filed by Budd Larner, P.C.. (Hoffman, Adam) |
| Filing 24 DECLARATION of Adam T. Hoffman in Support re: #23 Proposed Clerk's Certificate of Default. Document filed by Budd Larner, P.C.. (Attachments: #1 Exhibit A - Affidavit re Servicemembers Civil Relief Act)(Hoffman, Adam) |
| Filing 23 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Budd Larner, P.C.. (Hoffman, Adam) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Adam Hoffman. DO NOT RE-FILE Document No. #19 MOTION for Entry of Default as to Rocco Romeo .. The filing is deficient for the following reason(s): the wrong event type was used to file the proposed clerk's certificate of default; Re-file the Clerk's Certificate (ONLY, DO NOT file the request it is no longer needed)) using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service, then separately file the Declaration in in Support under Other Answers, as a Declaration in Support of a Non-Motion, you can attach the Affidavit in Compliance as an attachment, then separately file the Certificate of Service for the Clerk's Certificate under Process of Service, as a Certificate of Service Other. (YOU DO NOT NEED TO RE-File the Certificate of Service of the summons and Complaint it is already on the Docket. (dt) |
| Filing 22 ANSWER to #1 Complaint., CROSSCLAIM against Rocco Romeo. Document filed by Jacqueline Galler.(Darwin, David) |
| Filing 21 NOTICE OF INITIAL COURT CONFERENCE: Counsel for all parties herein shall attend a conference for the purpose of case management and scheduling pursuant to Fed. R. Civ. P. 16 on May 13, 2019 at 11:15 a.m. in Courtroom 621, Charles L. Brieant United States Courthouse, 300 Quarropas Street, White Plains, New York. COUNSEL FOR PLAINTIFF(S) IS DIRECTED TO SEND A COPY OF THIS NOTICE TO ALL PARTIES, UNLESS THE CASE HAS BEEN REMOVED FROM STATE COURT, IN WHICH CASE COUNSEL FOR THE REMOVING DEFENDANT(S) SHALL SEND A COPY OF THIS NOTICE TO ALL PARTIES, and as further set forth in this Notice. (Initial Conference set for 5/13/2019 at 11:15 AM before Judge Cathy Seibel.) (jca) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Lee Darwin to RE-FILE Document No. #20 Answer to Complaint,, Third Party Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; The caption reads "Answer" and does not include a third party caption title citing the third party plaintiffs and defendants. (pc) Modified on 4/23/2019 (pc). |
| Filing 20 ANSWER to #1 Complaint., THIRD PARTY COMPLAINT against Rocco Romeo. Document filed by Jacqueline Galler.(Darwin, David) Modified on 4/19/2019 (pc). |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Entry of Default as to Rocco Romeo . Document filed by Budd Larner, P.C.. (Attachments: #1 Declaration of Adam T. Hoffman, #2 Exhibit A - Affidavit re Servicemembers Civil Relief Act, #3 Exhibit B - Certificate of Service of Pleadings, #4 proposed Clerk's Certificate of Default, #5 Certificate of Service)(Hoffman, Adam) Modified on 4/24/2019 (dt). |
| Filing 18 CERTIFICATE OF SERVICE of Summons and Complaint. All Defendants. Service was accepted by DEFENDANT ROCCO ROMEO / ATTORNEYS FOR DEFENDANT GALLER. Document filed by Budd Larner, P.C.. (Attachments: #1 Exhibit A - Affidavit of Service)(Hoffman, Adam) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Rocco Romeo. (pne) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Jacqueline Galler. (pne) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Jacqueline Galler (a/k/a Star Galler), re: #1 Complaint. Document filed by Budd Larner, P.C.. (Hoffman, Adam) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Rocco Romeo, re: #1 Complaint. Document filed by Budd Larner, P.C.. (Hoffman, Adam) |
Filing 13
ORDER GRANTING PRELIMINARY INJUNCTION: UPON the application of Plaintiff Budd Larner, P.C., it is hereby ORDERED that Defendants Rocco Romeo and Jacqueline Galler are hereby restrained and precluded during the pendency of this action from directly or indirectly accessing, disposing, diverting, or otherwise using (1) monies contained in the personal or corporate commercial bank accounts and online remittance accounts identified below that were the product of credit card payments made by Romeo through the use of his corporate Budd Larner credit card, as further set forth in this Order. FURTHER ORDERED that a copy of this Order shall be served on all parties within 3 days of the date of this Order. No bond is required. SO ORDERED. (Signed by Judge Cathy Seibel on 3/13/2019) (mml)
|
| Filing 12 LETTER addressed to Judge Cathy Seibel from Adam T. Hoffman dated March 13, 2019 re: Proposed Order. Document filed by Budd Larner, P.C.. (Attachments: #1 Proposed Order)(Hoffman, Adam) |
| Minute Entry for proceedings held before Judge Cathy Seibel: Show Cause Hearing held on 3/12/2019. The Court directs Plaintiff to submit a proposed Order with regard to the Preliminary Injunction. See transcript. (Court Reporter Angie Shaw-Crockett) (wc) |
| Filing 11 NOTICE OF APPEARANCE by Adam T. Hoffman on behalf of Budd Larner, P.C.. (Hoffman, Adam) |
| Filing 10 BRIEF re: #3 Order to Show Cause,,,,,,,, Reply Brief in Further Support. Document filed by Budd Larner, P.C..(Hoffman, Adam) |
| Filing 9 NOTICE OF APPEARANCE by David Lee Darwin on behalf of Jacqueline Galler. (Darwin, David) |
| Filing 8 NOTICE OF APPEARANCE by Benjamin Ostrer on behalf of Jacqueline Galler. (Ostrer, Benjamin) |
| Filing 7 DECLARATION of David L. Darwin in Opposition re: #3 Order to Show Cause,,,,,,,,. Document filed by Jacqueline Galler. (Attachments: #1 Exhibit)(Ostrer, Benjamin) |
| Filing 6 TRANSCRIPT of Proceedings re: Conference held on 2/26/2019 before Judge Cathy Seibel. Court Reporter/Transcriber: Sabrina D'Emidio, (914) 390-4053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/27/2019. Redacted Transcript Deadline set for 4/8/2019. Release of Transcript Restriction set for 6/4/2019.(D'Emidio, Sabrina) |
| Filing 5 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 02/26/2019 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(D'Emidio, Sabrina) |
| Filing 4 CERTIFICATE OF SERVICE of OSC and Supporting Documents served on Rocco Romeo and Jacqueline Galler on February 27, 2019. Service was made by Overnight courier. Document filed by Budd Larner, P.C.. (Attachments: #1 Exhibit A - FedEx Proof-of-Service, #2 Exhibit B - GS Affidavit of Service, #3 Exhibit C - FedEx Proof-of-Service, #4 Exhibit D - Attorney Email)(Hoffman, Adam) |
|
Filing 3
ORDER TO SHOW CAUSE: Defendants shall show cause as to why an Order should not be issued (i) pursuant to Rule 65 of the Federal Rules of Civil Procedure restraining and temporarily enjoining Defendants Rocco Romeo and Jacqueline Galler a/k/a Star Galler from directly or indirectly accessing, disposing, diverting, or otherwise using monies in their possession or contained in personal or corporate commercial bank accounts and online remittance accounts, in their names, or in accounts with corporate names or over which accounts either of them have control, that now or previously contained monies belonging to Plaintiff, Budd Larner, P.C., that were the product of credit card payments made by Romeo through the use of his corporate Budd Larner credit card; and (ii) granting Plaintiff an attachment, pursuant to Rule 64(a) of the Federal Rules of Civil Procedure and New York CPLR 6201, over all aforementioned bank accounts and commercial remittance accounts; and (iii) granting Plaintiff such other relief as this Court deems just and proper, as further set forth in this Order. FURTHER ORDERED that for sufficient cause having been alleged, let service of a copy of this Order, and the papers upon which it is based, by effectuated by personal service, for by overnight courier, on or before 2/27/2019 upon Defendants Rocco Romeo, residing at 3 Paul Court, Washingtonville, NY 10992; and Jacqueline Galler, residing at 2 Pine Hill Road, Sugar Loaf, NY 10981. FURTHER ORDERED that Plaintiff file supplemental papers if it seeks relief beyond the scope of that imposed by the TRO; and it is by 3/1/19. FURTHER ORDERED that any opposition papers shall be filed and served so as to be received by this Court and Plaintiff on or before 3/6/2019. FURTHER ORDERED that any reply papers shall be filed and served so as to be received by this Court and Defendants on or before 3/8/2019. Show Cause Hearing set for 3/12/2019 at 10:00 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. Show Cause Response due by 3/6/2019. (Signed by Judge Cathy Seibel on 2/26/2019) (mml)
|
| Minute Entry for proceedings held before Judge Cathy Seibel: Show Cause Hearing held on 2/26/2019. The Court signs the Order to Show Cause with a modification to the TRO. The Court directs Plaintiff to overnight the papers by tomorrow, February 27, 2019. Plaintiff is going to have to file supplemental papers if it seeks anything beyond the scope imposed by the TRO by March 1, 2019; opposition due March 6, 2019; reply due March 8, 2019. See transcript. (Show Cause Hearing set for 3/12/2019 at 10:00 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel). (Court Reporter Sabrina D'Emidio) (wc) |
| Minute Entry for proceedings held before Judge Cathy Seibel: Show Cause Hearing held on 2/25/2019. Defendant(s) did not appear. The Court directs Plaintiff to give notice to the Defendant(s). Order to Show Cause will be heard by the Court on February 26, 2019 at 9:30 a.m. See transcript. (Court Reporter Sabrina D'Emidio) (wc) |
| Filing 2 CIVIL COVER SHEET filed. (jgo) (pne). |
| Filing 1 COMPLAINT against Jacqueline Galler, Rocco Romeo. (Filing Fee $ 400.00, Receipt Number 465401229581)Document filed by Budd Larner, P.C..(jgo) (pne). |
| Case Designated ECF. (jgo) |
| Magistrate Judge Paul E. Davison 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: #http://nysd.uscourts.gov/forms.php. (jgo) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
