Streamlined Consultants, Inc. et al v. EBF Holdings, LLC
Streamlined Consultants, Inc. doing business as Streamlined Consultants and Moshe Schoenwald |
EBF Holdings, LLC doing business as Everest Business Funding doing business as EBF |
7:2021cv09528 |
November 17, 2021 |
US District Court for the Southern District of New York |
Kenneth M Karas |
Contract: Other |
28 U.S.C. § 1332 Diversity Action |
None |
Docket Report
This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 16 REPLY MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss PLAINTIFFS' FIRST AMENDED COMPLAINT. . Document filed by EBF Holdings, LLC..(Picon, David) |
Filing 15 MEMORANDUM OF LAW in Opposition re: #12 MOTION to Dismiss PLAINTIFFS' FIRST AMENDED COMPLAINT. . Document filed by Moshe Schoenwald, Streamlined Consultants, Inc.. (Attachments: #1 Affidavit Attorney Affirmation, #2 Affidavit Client Affidavit, #3 Exhibit A - Usurious Agreement, #4 Exhibit B - First Amended Complaint).(Levenson, Scott) |
Filing 14 DECLARATION of DAVID A. PICON in Support re: #12 MOTION to Dismiss PLAINTIFFS' FIRST AMENDED COMPLAINT.. Document filed by EBF Holdings, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Picon, David) |
Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss PLAINTIFFS' FIRST AMENDED COMPLAINT. . Document filed by EBF Holdings, LLC..(Picon, David) |
Filing 12 MOTION to Dismiss PLAINTIFFS' FIRST AMENDED COMPLAINT. Document filed by EBF Holdings, LLC..(Picon, David) |
Filing 11 MOTION SCHEDULING ORDER: The Court adopts the following briefing schedule: Motions due by 1/31/2022. Responses due by 2/28/2022. Replies due by 3/14/2022. The Parties are also reminded that there is a strict page limit of 25 pages for opening briefs and 10 pages for replies, which will be extended only in extreme circumstances. If oral argument is requested, it may be scheduled by the Court. Please wait to hear from the Court to schedule argument. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/24/22) (yv) |
Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 1/24/2022. Scott Levenson appeared on behalf of Plaintiffs. David Picon appeared on behalf of Defendant. No court reporter served. The Court adopted a briefing schedule. See Order. Defendant shall file its motion to dismiss by no later than January 31, 2022. Plaintiffs shall file their response by no later than February 28, 2022. Defendant shall file its reply by no later than March 14, 2022. (SB) |
Filing 10 NOTICE OF TELECONFERENCE INFORMATION: For the week of January 24, 2022, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/21/2022) (tg) |
Filing 9 MEMO ENDORSEMENT on re: #8 Letter Response to Defendants letter dated November 22,2021, filed by Streamlined Consultants, Inc., Moshe Schoenwald. ENDORSEMENT: The Court will hold a pre-motion conference via telephone on January 24, 2022 at 12:00 pm. So Ordered., ( Telephone Conference set for 1/24/2022 at 12:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 12/6/21) (yv) |
Filing 8 LETTER addressed to Judge Kenneth M. Karas from Scott C. Levenson, Esq dated 11/30/2021 re: Response to Defendants letter dated November 22,2021. Document filed by Moshe Schoenwald, Streamlined Consultants, Inc.. (Attachments: #1 Memo submitted in case with same Defendant).(Levenson, Scott) |
Filing 7 LETTER addressed to Judge Kenneth M. Karas from David A. Picon dated 11/22/2021 re: Pre-motion letter regarding anticipated motion to dismiss. Document filed by EBF Holdings, LLC..(Picon, David) |
Filing 6 CERTIFICATE OF SERVICE of (1) Defendants Notice of Removal and documents filed in connection therewith; (2) Defendants Notice of Filing of Notice of Removal, filed with the New York Supreme Court, Rockland County; (3) the individual rules of practice for Judge Kenneth M. Karas; (4) the individual practices for Magistrate Judge Judith C. McCarthy; and (5) this Courts Electronic Case Filing Rules & Instructions served on Plaintiffs Streamlined Consultants, Inc. d/b/a Streamlined Consultants; and Moshe Schoenwald on 11/17/2021 and 11/18/2021. Service was made by Express Mail and New York State Courts Electronic Filing System. Document filed by EBF Holdings, LLC..(Picon, David) |
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew Jerome Morris. The following case opening statistical information was erroneously selected/entered: Dollar Demand $196,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the County code has been modified to XX Out of State;. (pc) |
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David A. Picon. The following case opening statistical information was erroneously selected/entered: Office code Foley Square;. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains;. (pc) |
Case Designated ECF. (pc) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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..(pc) |
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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
Filing 5 NOTICE OF APPEARANCE by William Fassuliotis on behalf of EBF Holdings, LLC..(Fassuliotis, William) |
Filing 4 NOTICE OF APPEARANCE by Matthew Jerome Morris on behalf of EBF Holdings, LLC..(Morris, Matthew) |
Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by EBF Holdings, LLC..(Picon, David) |
Filing 2 CIVIL COVER SHEET filed..(Picon, David) |
Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Rockland. Case Number: 033781/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25348763).Document filed by EBF Holdings, LLC. (Attachments: #1 Exhibit A - Summons, #2 Exhibit B - Complaint, #3 Exhibit C - Exhibit A to Complaint, #4 Exhibit D - Amended Complaint, #5 Exhibit E - Exhibit A to Amended Complaint, #6 Exhibit F - Signed Summons).(Picon, David) |
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Plaintiff: Streamlined Consultants, Inc. doing business as Streamlined Consultants | |
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Plaintiff: Moshe Schoenwald | |
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Defendant: EBF Holdings, LLC doing business as Everest Business Funding doing business as EBF | |
Represented By: | Matthew Jerome Morris |
Represented By: | William Fassuliotis |
Represented By: | David A. Picon |
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