Streamlined Consultants, Inc. et al v. Forward Financing LLC et al
| STREAMLINED CONSULTANTS, INC. d/b/a STREAMLINED CONSULTANTS, Moshe Schoenwald and Streamlined Consultants, Inc. doing business as Streamlined Consultants |
| FORWARD FINANCING LLC d/b/a FORWARD FINANCING, SPLASH ADVANCE, LLC and Forward Financing LLC doing business as Forward Financing LLC |
| 7:2021cv10838 |
| December 17, 2021 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Contract: Other |
| 15 U.S.C. § 294 Breach of Contract |
| None |
Docket Report
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| Filing 18 MEMORANDUM OF LAW in Opposition re: #13 MOTION to Dismiss for Lack of Jurisdiction . MOTION to Dismiss . MOTION to Compel Arbitration . Brief and Affidavits and supporting documents in opposition. Document filed by Moshe Schoenwald, Streamlined Consultants, Inc.. (Attachments: #1 Affidavit Attorney Affidavit, #2 Affidavit Client Affidavit, #3 Exhibit A - Usurious Agreement, #4 Exhibit B - July 7 Email Notification, #5 Exhibit C- Welcome email June 19, #6 Exhibit D - First amended Complaint, #7 Exhibit E - Aff of Service, #8 Exhibit F - MA Corp Search Entity Summary, #9 Exhibit G - MA Corp Search Entity Summary, #10 Exhibit H - Aff of Service AF Trucking v Forward Finacning EF002601-2019 Orange County NY, #11 Exhibit I - AOS).(Levenson, Scott) |
| Filing 17 REPLY AFFIRMATION of Christopher R. Murray in Support re: #13 MOTION to Dismiss for Lack of Jurisdiction . MOTION to Dismiss . MOTION to Compel Arbitration .. Document filed by Forward Financing LLC..(Murray, Christopher) |
| Filing 16 REPLY MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss for Lack of Jurisdiction . MOTION to Dismiss . MOTION to Compel Arbitration . And Opposition to Plaintiffs' Cross-Motion. Document filed by Forward Financing LLC..(Murray, Christopher) |
| Filing 15 DECLARATION of Christopher R. Murray in Support re: #13 MOTION to Dismiss for Lack of Jurisdiction . MOTION to Dismiss . MOTION to Compel Arbitration .. Document filed by Forward Financing LLC. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Amended Complaint, #3 Exhibit C - Affidavit demonstrating lack of service, #4 Exhibit D - Notice of Removal with attachments, #5 Exhibit E - LeBlanc Declaration).(Murray, Christopher) |
| Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss for Lack of Jurisdiction . MOTION to Dismiss . MOTION to Compel Arbitration . . Document filed by Forward Financing LLC..(Murray, Christopher) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction ., MOTION to Dismiss ., MOTION to Compel Arbitration . Document filed by Forward Financing LLC..(Murray, Christopher) |
Filing 12
ORDER denying #11 Letter Motion to Stay re: #11 EMERGENCY LETTER MOTION to Stay Arbitration which is otherwise proceeding at the same time addressed to Judge Nelson Stephen Roman from Streamlined Consultants, Inc. dated 03/11/2022. Therefore, the Court DENIES Plaintiffs' second emergency letter motion seeking an immediate temporary interim stay of the ongoing parallel arbitration proceedings. The Clerk of the Court is directed to terminate the motion at ECF No. 11. (Signed by Judge Nelson Stephen Roman on 3/14/2022) (ate)
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| Filing 11 EMERGENCY LETTER MOTION to Stay Arbitration which is otherwise proceeding at the same time addressed to Judge Nelson Stephen Roman from Streamlined Consultants, Inc. dated 03/11/2022. Document filed by Moshe Schoenwald, Streamlined Consultants, Inc...(Levenson, Scott) |
| Set/Reset Deadlines: Motions due by 5/24/2022. (ate) |
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Filing 10
ORDER granting #7 Letter Motion to Stay re: #7 EMERGENCY LETTER MOTION to Stay arbitration pending the outcome of the motion filed, Defendants have already started the arbitration and the arbitration court is not inclined to stay the matter unless this court does. Case law included, add. The Court is in receipt of the attached letter from Plaintiffs, dated March 2, 2022, seeking leave to file a motion to stay parallel arbitration proceedings, and of the attached response from Defendant, dated March 9, 2022, opposing such motion. Accordingly, the Court waives the pre-motion conference requirement and grants Plaintiffs leave to file a motion to stay the parallel arbitration proceedings in accordance with the following briefing schedule: (1) Plaintiffs' moving papers are to be served (not filed) on April 8, 2022; (2) Defendant's opposition papers are to be served (not filed) on May 9, 2022; and (3) Plaintiffs' reply papers are to be served on May 24, 2022. All motion papers are to be filed by the parties on the reply date, May 24, 2022. The parties are directed to provide Chambers with two physical courtesy copies of their motion papers on the same date they are served on opposing counsel. The parties are further directed to provide the Court with an electronic courtesy copy of the motion papers as they are served per this Court's local emergency civil rules. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 7. (Signed by Judge Nelson Stephen Roman on 3/9/2022) (ate)
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| Filing 9 LETTER addressed to Judge Nelson Stephen Roman from Christopher R. Murray dated March 9, 2022 re: Response to Plaintiffs' Letter Motion Per The Court's Order dated March 2, 2022. Document filed by Forward Financing LLC. (Attachments: #1 Exhibit 1 - Forward's Arbitration Demand).(Murray, Christopher) |
| Set/Reset Deadlines: Responses due by 3/9/2022. (ate) |
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Filing 8
ORDER with respect to #7 Letter Motion to Stay re: #7 EMERGENCY LETTER MOTION to Stay arbitration pending the outcome of the motion filed, Defendants have already started the arbitration and the arbitration court is not inclined to stay the matter unless this court does. Case law included, The Court ORDERS Defendant to respond to Plaintiffs' letter motion on or before March 9, 2022. (Signed by Judge Nelson Stephen Roman on 3/2/2022) (ate)
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| Filing 7 EMERGENCY LETTER MOTION to Stay arbitration pending the outcome of the motion filed, Defendants have already started the arbitration and the arbitration court is not inclined to stay the matter unless this court does. Case law included, addressed to Judge Nelson Stephen Roman from Plaintiffs dated 03/02/2022. Document filed by Moshe Schoenwald, Streamlined Consultants, Inc...(Levenson, Scott) |
| Filing 6 NOTICE OF CHANGE OF ADDRESS by Christopher Ryan Murray on behalf of Forward Financing LLC. New Address: Murray Legal, PLLC, 170 Old Country Rd., Suite 608, Mineola, New York, United States 11501, 516-260-7367..(Murray, Christopher) |
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Filing 5
ORDER granting #3 Letter Motion for Leave to File Document. The Court is in receipt of the attached letter from Defendant Forward Financing, dated December 20, 2021, seeking leave to file a pre-answer motion to dismiss Plaintiffs' action, and the attached letter from Plaintiffs, dated December 27, 2021, seeking leave to file a cross-motion to remand the case to state court. Accordingly, the Court waives the pre-motion conference requirement and grants the parties leave to file their proposed motions pursuant to the following briefing schedule: (1) Defendant Forward Financings moving papers are to be served (not filed) on January 26, 2022; (2) Plaintiffs' opposition/cross-moving papers are to be served (not filed) on February 25, 2022; (3) Defendant Forward Financing's reply/cross-opposition papers are to be served (not filed) on March 28, 2022; and (4) Plaintiffs' cross-reply papers are to be served on April 13, 2022. All motion papers are to be filed by the parties on the cross-reply date, April 13, 2022. The parties are directed to provide Chambers with two physical courtesy copies of their motion papers on the same date they are served on opposing counsel. The parties are further directed to provide the Court with an electronic courtesy copy of the motion papers as they are served per this Court's local emergency civil rules. The Court also kindly directs the Clerk of the Court to terminate the motion at ECF No. 3. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 12/27/2021) (mml)
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| Set/Reset Deadlines: Cross Motions due by 4/13/2022. Motions due by 4/13/2022. Responses due by 4/13/2022. Replies due by 4/13/2022. (mml) |
| Filing 4 LETTER RESPONSE in Opposition to Motion addressed to Judge Nelson Stephen Roman from Scott C. Levenson, Esq dated December 27, 2021 re: #3 LETTER MOTION for Leave to File Pre-Answer Motion to Dismiss addressed to Judge Nelson Stephen Roman from Christopher R. Murray, Esq. dated December 20, 2021. Letter Opposing Motion to Dismiss and Requesting Leave to file for Remand. Document filed by Moshe Schoenwald, Streamlined Consultants, Inc.. (Attachments: #1 Exhibit Affidavit of Service on 10.22.21, #2 Exhibit Mass Corporation Entity Summary - Forward Financing, #3 Exhibit Mass Corporation Entity Summary - Forward Financing SPV).(Levenson, Scott) |
| Filing 3 LETTER MOTION for Leave to File Pre-Answer Motion to Dismiss addressed to Judge Nelson Stephen Roman from Christopher R. Murray, Esq. dated December 20, 2021. Document filed by Forward Financing LLC..(Murray, Christopher) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Ryan Murray. The party information for the following party/parties has been modified: STREAMLINED CONSULTANTS, INC. d/b/a STREAMLINED CONSULTANTS, FORWARD FINANCING LLC d/b/a FORWARD FINANCING, SPLASH ADVANCE, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher Ryan Murray. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Dollar Demand $118,260,000; County code Rockland; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Dollar Demand has been modified to $118,000; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) |
| 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..(pc) |
| Case Designated ECF. (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 2 CIVIL COVER SHEET filed..(Murray, Christopher) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Rockland. Case Number: 033782/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25485347).Document filed by FORWARD FINANCING LLC d/b/a FORWARD FINANCING. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Amended Complaint, #3 Exhibit C - Docket Report, #4 Exhibit D - Affidavit of Service Showing Service Defective, #5 Exhibit E - LeBlanc Declaration, #6 Exhibit F - State Court Docket).(Murray, Christopher) |
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