AF Trucking Inc et al v. Business Financial Services, Inc. et al
| AF TRUCKING INC., YIDA FALKOWITZ and AF Trucking Inc |
| BUSINESS FINANCIAL SERVICES, INC. and AXOS BANK |
| 7:2019cv08149 |
| August 30, 2019 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Negotiable Instrument |
| 28 U.S.C. § 1332 nr |
| None |
Docket Report
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This docket was last retrieved on May 28, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 DECLARATION of Angela Lopez in Opposition re: #15 FIRST MOTION to Remand to State Court of Orange County.FIRST MOTION for Summary Judgment .. Document filed by Axos Bank, Business Financial Services, Inc.. (Attachments: #1 Exhibit A)(Smith, Michael) |
| Filing 17 MEMORANDUM OF LAW in Opposition re: #15 FIRST MOTION to Remand to State Court of Orange County.FIRST MOTION for Summary Judgment . . Document filed by Axos Bank, Business Financial Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Michael) |
| Filing 16 REPLY MEMORANDUM OF LAW in Support re: #8 MOTION to Compel Arbitration . MOTION to Stay Proceedings. . Document filed by Axos Bank, Business Financial Services, Inc.. (Smith, Michael) |
| Filing 15 FIRST MOTION to Remand to State Court of Orange County., FIRST MOTION for Summary Judgment . Document filed by AF Trucking Inc, Yida Falkowitz. Return Date set for 10/10/2019 at 09:00 AM. (Attachments: #1 Affidavit Memo of Law in opposition to Defendants Motion and in Support of Cross-Motion, #2 Exhibit Contract, #3 Exhibit Summons and Complaint)(Levenson, Scott) |
| Filing 14 MEMO ENDORSEMENT on re: #13 Letter filed by AF Trucking Inc, Yida Falkowitz. ENDORSEMENT: Plaintiff may move to remand without the need for a pre-motion conference. I suggest Plaintiff cross-move when it files its opposition to Defendant's motion (with Defendant's opposition due with its reply on its motion and Plaintiff's reply on its motion due two weeks later), but the parties may propose a different schedule if they wish. (Signed by Judge Cathy Seibel on 9/9/2019) (cf) |
| Filing 13 FIRST LETTER addressed to Judge Cathy Seibel from Scott Levenson, Esq. dated 09/09/2019 re: Pre Trial Conf. Motion to Remand. Document filed by AF Trucking Inc, Yida Falkowitz.(Levenson, Scott) |
| Filing 12 NOTICE OF APPEARANCE by Scott Craig Levenson on behalf of AF Trucking Inc, Yida Falkowitz. (Levenson, Scott) |
| Filing 11 AFFIDAVIT OF SERVICE of Notice of Motion to Stay Proceedings and Compel Arbitration, Memorandum of Law in Support of Motion, and Letter from Michael Smith to Judge Seibel regarding the Motion served on AF Trucking Inc. d/b/a AF Trucking and Yida Falkowitz on 9/6/2019. Service was made by Mail. Document filed by Axos Bank, Business Financial Services, Inc.. (Smith, Michael) |
| Filing 10 LETTER addressed to Judge Cathy Seibel from Michael B. Smith dated 9/6/2019 re: Motion to Stay Proceedings and Compel Arbitration. Document filed by Axos Bank, Business Financial Services, Inc..(Smith, Michael) |
| Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION to Compel Arbitration . MOTION to Stay Proceedings. . Document filed by Axos Bank, Business Financial Services, Inc.. (Attachments: #1 Exhibit 1)(Smith, Michael) |
| Filing 8 MOTION to Compel Arbitration ., MOTION to Stay Proceedings. Document filed by Axos Bank, Business Financial Services, Inc..(Smith, Michael) |
| Filing 7 AFFIDAVIT OF SERVICE of Memo Endorsement on the Letter from Michael B. Smith to Judge Cathy Seibel regarding the Notice of Pending Pre-Removal Proceedings and Notice of Electronic Filing served on AF Trucking Inc. d/b/a AF Trucking and Yida Falkowitz on 9/4/2019. Service was made by Mail. Document filed by Axos Bank, Business Financial Services, Inc.. (Smith, Michael) |
Filing 6
MEMO ENDORSEMENT on re: #5 Letter, filed by Business Financial Services, Inc. Axos Bank. ENDORSEMENT: The stay and briefing schedule set by the state court are still in effect as far as this Court is concerned. Defendant's answer will be due 21 days after the stay is lifted. It would be helpful administratively if Defendant formally renewed its motion on the docket, and it may go ahead and do so without the need for a pre-motion conference. Defense counsel shall provide a copy of this endorsement to Plaintiffs' counsel, who shall promptly file a notice of appearance (or, if not admitted to this court, promptly get admitted or arrange for Plaintiffs to be represented by counsel who is admitted). SO ORDERED. (Signed by Judge Cathy Seibel on 9/4/2019) (mml)
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| Filing 5 LETTER addressed to Judge Cathy Seibel from Michael B. Smith dated 9/3/2019 re: Notice of Pending Pre-Removal Proceedings. Document filed by Axos Bank, Business Financial Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Smith, Michael) |
| Filing 4 AFFIDAVIT OF SERVICE of Notice of Removal served on AF Trucking Inc. d/b/a AF Trucking and Yida Falkowitz on 8/30/2019. Service was made by Mail. Document filed by Axos Bank, Business Financial Services, Inc.. (Lupkin, Jonathan) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael B. Smith. The party information for the following party/parties has been modified: AXOS BANK; BUSINESS FINANCIAL SERVICES, INC, AF TRUCKING INC, YIDA FALKOWITZ. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party type was entered incorrectly. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Judith C. McCarthy 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. (vf) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AXOS FINANCIAL INC. for AXOS BANK; Corporate Parent BFS CAPITAL INC. for BUSINESS FINANCIAL SERVICES, INC.. Document filed by AXOS BANK, BUSINESS FINANCIAL SERVICES, INC..(Smith, Michael) |
| Filing 2 CIVIL COVER SHEET filed. (Smith, Michael) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Orange. Case Number: EF002854-2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-17523633).Document filed by Business Financial Services, Inc., Axos Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Smith, Michael) |
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