Austin Environmental Corp. v. Margarita Express, LLC et al
| Austin Environmental Corp. |
| Valley Truck Center, Inc., Angel E. Perez-Reynoso and Margarita Express, LLC |
| 7:2021cv04385 |
| May 14, 2021 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Contract: Other |
| 28 U.S.C. § 1332 oc |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 10, 2023. A more recent docket listing may be available from PACER.
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Filing 21
ORDER denying #17 Letter Motion for Conference re: #17 LETTER MOTION for Conference re: #16 Answer to Complaint, Notice to Attorney Regarding Rejection of Proposed Clerk's Certificate of Default, (If conference is necessary, with respect to Plaintiff's letter request that Valley's Answ. The application is denied. The Court has a policy preference to resolve matters on the merits. Moreover, Plaintiff has failed to show actual prejudice due to the 1-day delay. The Clerk of the Court is kindly directed to terminate the motion at ECF No. 17. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/30/2021) (rj)
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| Filing 20 CERTIFICATE OF SERVICE of Summons and Complaint served on Margarita Express, LLC on 6/17/2021. Service was accepted by Flor Cortes, Owner. Document filed by Austin Environmental Corp...(Disken, Amanda) |
| Filing 19 NOTICE OF APPEARANCE by Brian T Flanagan on behalf of Valley Truck Center, Inc...(Flanagan, Brian) |
| Filing 18 FIRST LETTER addressed to Judge Nelson Stephen Roman from Brian T. Flanagan, Esq. dated June 16, 2021 re: opposition to Plaintiff's pre-motion conference letter. Document filed by Valley Truck Center, Inc...(Flanagan, Brian) |
| Filing 17 LETTER MOTION for Conference re: #16 Answer to Complaint, Notice to Attorney Regarding Rejection of Proposed Clerk's Certificate of Default, (If conference is necessary, with respect to Plaintiff's letter request that Valley's Answer be rejected as untimely) addressed to Judge Nelson Stephen Roman from Amanda R. Disken, Esq. on behalf of the Plaintiff dated 6/14/2021. Document filed by Austin Environmental Corp...(Disken, Amanda) |
| Filing 16 ANSWER to #1 Complaint,,. Document filed by Valley Truck Center, Inc...(Flanagan, Brian) |
| Filing 15 AFFIRMATION of Amanda R. Disken, Esq. re: #13 Proposed Clerk's Certificate of Default, #14 Declaration, (CERTIFICATE OF SERVICE/AFFIRMATION OF SERVICE). Document filed by Austin Environmental Corp...(Disken, Amanda) |
| Filing 14 DECLARATION of Amanda R. Disken, Esq. re: #13 Proposed Clerk's Certificate of Default . Document filed by Austin Environmental Corp.. (Attachments: #1 Request for Certificate of Default, #2 Exhibit 1 - Proof of Service, #3 Exhibit 2- Proposed Clerk's Certificate of Default).(Disken, Amanda) |
| Filing 13 FILING ERROR - RESPONSIVE PLEADING FILED - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Austin Environmental Corp...(Disken, Amanda) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/11/2021 (km). |
| ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Notice to Attorney Amanda Disken re:document #13 Proposed Clerk's Certificate of Default was rejected by the Clerk's Office for the following reason(s): an answer has been filed. (km) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Angel E. Perez-Reynoso served on 6/3/2021, answer due 6/24/2021. Service was accepted by Stan "Doe," Relative. Document filed by Austin Environmental Corp...(Disken, Amanda) |
| Filing 11 CERTIFICATE OF SERVICE of Summons and Complaint served on Valley Truck Center, Inc. on 5/20/2021. Service was accepted by Lisa Calciano. Document filed by Austin Environmental Corp...(Disken, Amanda) |
| Filing 10 CIVIL COVER SHEET filed..(Disken, Amanda) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Valley Truck Center, Inc...(jgo) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Margarita Express, LLC..(jgo) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Angel E. Perez-Reynoso..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Amanda Rose Disken to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple Citizenship Defendant codes were selected; the PDF was not properly signed by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Amanda Rose Disken. The following case opening statistical information was erroneously selected/entered: Dollar Demand $110,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none;. (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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Austin Environmental Corp...(Disken, Amanda) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Valley Truck Center, Inc., re: #1 Complaint,,. Document filed by Austin Environmental Corp...(Disken, Amanda) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Angel E. Perez-Reynoso, re: #1 Complaint,,. Document filed by Austin Environmental Corp...(Disken, Amanda) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Margarita Express, LLC, re: #1 Complaint,,. Document filed by Austin Environmental Corp...(Disken, Amanda) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Disken, Amanda) Modified on 5/17/2021 (jgo). |
| Filing 1 COMPLAINT against Margarita Express, LLC, Angel E. Perez-Reynoso, Valley Truck Center, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24544475)Document filed by Austin Environmental Corp.. (Attachments: #1 Exhibit Exhibit A - Equipment Lease Agreement, #2 Exhibit Exhibit B- Invoice, #3 Exhibit Exhibit C- Signature Card, #4 Exhibit Exhibit D- Record, #5 Exhibit Exhibit E- July 18, 2019 Praecipe for Writ of Execution, #6 Exhibit Exhibit F - Order, #7 Exhibit Exhibit G- Judgment, #8 Exhibit Exhibit H- Decision on Appeal, #9 Exhibit Exhibit I- PA Complaint).(Disken, Amanda) |
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