Payero v. Mattress Firm, Inc.
Plaintiff: Antonio Payero
Defendant: Mattress Firm, Inc.
Case Number: 7:2021cv03061
Filed: April 8, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Vincent L Briccetti
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332 fr
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 26, 2021 Opinion or Order Filing 13 MEMO ENDORSEMENT on re: #12 Letter filed by Antonio Payero. ENDORSEMENT: Plaintiff shall file his amended complaint by 6/9/2021. Defendant's response thereto shall be due 6/30/2021. SO ORDERED. (Amended Pleadings due by 6/9/2021.) (Signed by Judge Vincent L. Briccetti on 5/26/2021) (mml)
May 26, 2021 Filing 12 LETTER addressed to Judge Vincent L. Briccetti from Max S. Roberts, Esq. dated May 26, 2021 re: Intent to Amend Pursuant to Individual Rule 2.D.i. Document filed by Antonio Payero..(Roberts, Max)
May 25, 2021 Filing 11 MOTION to Dismiss Plaintiff's Complaint. Document filed by Mattress Firm, Inc...(Angeloni, John)
May 17, 2021 Opinion or Order Filing 10 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties that the time within which Defendant Mattress Firm, Inc. may move, answer, or otherwise respond to the Complaint is hereby extended up to and including May 25, 2021. No provision of this Stipulation and Order shall be construed as a waiver of, and Defendant Mattress Firm, Inc. expressly reserves, any and all defenses. A prior request for a fourteen day extension of time to respond to the Complaint was granted in connection with this matter. SO ORDERED. Mattress Firm, Inc. answer due 5/25/2021. (Signed by Judge Vincent L. Briccetti on 5/17/2021) (mml)
May 17, 2021 Filing 9 PROPOSED STIPULATION AND ORDER. Document filed by Mattress Firm, Inc...(Angeloni, John)
May 3, 2021 Opinion or Order Filing 8 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties that the time within which Defendant Mattress Firm, Inc. may move, answer, or otherwise respond to the Complaint is hereby extended up to and including May 18, 2021. No provision of this Stipulation and Order shall be construed as a waiver of, and Defendant Mattress Firm, Inc. expressly reserves, any and all defenses. There has been no previous request for extension of time in connection with this matter. SO ORDERED. Mattress Firm, Inc. answer due 5/18/2021. (Signed by Judge Vincent L. Briccetti on 5/3/2021) (kv)
May 3, 2021 Filing 7 PROPOSED STIPULATION AND ORDER. Document filed by Mattress Firm, Inc...(Angeloni, John)
April 23, 2021 Filing 6 NOTICE OF APPEARANCE by John Angeloni on behalf of Mattress Firm, Inc...(Angeloni, John)
April 12, 2021 Filing 5 ELECTRONIC SUMMONS ISSUED as to Mattress Firm, Inc...(dnh)
April 9, 2021 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Mattress Firm, Inc., re: #1 Complaint. Document filed by Antonio Payero..(Roberts, Max)
April 9, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Max Stuart Roberts. The following case opening statistical information was erroneously selected/entered: Office code Foley Square; Dollar Demand $5,000,001,000. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains; the Dollar Demand has been modified to $5,000,000. (dnh)
April 9, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Max Stuart Roberts. The party information for the following party/parties has been modified: Antonio Payero. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh)
April 9, 2021 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh)
April 9, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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..(dnh)
April 9, 2021 Case Designated ECF. (dnh)
April 9, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Max Stuart Roberts to RE-FILE Document No. #2 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the form used for the summons is not the correct official A.O. Summons form dated (Rev. 06/12). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
April 8, 2021 Filing 3 CIVIL COVER SHEET filed..(Roberts, Max)
April 8, 2021 Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Mattress Firm, Inc., re: #1 Complaint. Document filed by Antonio Payero..(Roberts, Max) Modified on 4/9/2021 (dnh).
April 8, 2021 Filing 1 COMPLAINT against Mattress Firm, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24372733)Document filed by Antonio Payero..(Roberts, Max)

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Defendant: Mattress Firm, Inc.
Represented By: John Angeloni
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Plaintiff: Antonio Payero
Represented By: Max Stuart Roberts
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