M&K Imports, LLC v. Rejuveneda Medical Group, Inc. et al
| M&K Imports, LLC |
| Crocker Law Firm PLLC, Rejuveneda Medical Group, Inc. doing business as Regeneveda, Thom E. Lobe, Patrick D. Crocker and Crocker & Crocker |
| 7:2022cv02606 |
| March 30, 2022 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 27
AFFIDAVIT OF SERVICE. Service was made by FedEx Mail. Document filed by M&K Imports, LLC. (Attachments: #1 Exhibit Ex. A - Mailing Service to Crocker, #2 Exhibit Ex. B - FedEx Delivery Crocker, #3 Exhibit Ex. C - FedEx Delivery Crocke).(De Palma, Richard)
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Filing 26
AFFIDAVIT OF SERVICE. Patrick D. Crocker served on 4/29/2022, answer due 5/20/2022. Service was made by E-Mail. Document filed by M&K Imports, LLC. (Attachments: #1 Exhibit Exhibit A - proof of email service on Crocker).(De Palma, Richard)
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Filing 25
ORDER granting #20 Letter Motion to Expedite. The motion is GRANTED as follows. An individual within a judicial district of the United States may be served in accordance with the law of the state where service is made, Fed. R. Civ. P. 4(e)(1); in this case, Michigan. Michigan law authorizes service upon an individual by (i) delivery of process "to the defendant personally"; or (ii) registered or certified mail, return receipt requested, if "the defendant acknowledges receipt of the mail." Mich. Ct. R. 2.105(A)(1). Upon "a showing that service of process cannot reasonably be made" in this manner, Michigan law also authorizes a court to "permit service of process to be made in any other manner reasonably calculated to give the defendant actual notice of the proceedings and an opportunity to be heard." Id. r. 2.105(J)(1). First, plaintiff has shown service of process cannot reasonably be made by personal delivery or by certified or registered mail. For one, plaintiffs process server states she attempted service upon Crocker at his office four times and his home twice, and that she could see him inside his home but he refused to answer the door. She also states she has previously attempted to serve Crocker at home "but he never opens the door and will waive [sic] from his window." (Doc. #20-2). For another, plaintiff states it attempted to mail process to Crocker by certified mail twice, but he refused to accept or acknowledge receipt. Second, plaintiff has shown its proposed methods of service are reasonably calculated togive Crocker actual notice of this proceeding. Specifically, plaintiffs counsel states he and hisclient have corresponded with Crocker by email "numerous times." (Doc. #20, at 4). In addition, the Court further directs plaintiff to serve Crocker by FedEx to his home address giventhat he has been seen in the home at that address. Accordingly, plaintiff is authorized to serve Crocker by alternate means, specifically by (i) email to patrick@crockerlawfirm.com; (ii) FedEx to Cracker's business address; and (iii) FedEx to Cracker's home address. The Clerk is instructed to terminate the motion. (Doc. #20). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/29/2022) (mml)
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Filing 24
ORDER granting #23 Letter Motion for Extension of Time to Answer: By 5/30/2022, defendants Rejuveneda Medical Group., Inc., and Thom E. Lobe shall answer, move, or otherwise respond to the complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (sla)
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Filing 23
FIRST LETTER MOTION for Extension of Time to File Answer on consent, with attached stipulation, addressed to Judge Vincent L. Briccetti from Matthew Blum dated April 28, 2022. Document filed by Thom E. Lobe, Rejuveneda Medical Group, Inc...(Blum, Matthew)
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Filing 22
NOTICE OF APPEARANCE by Matthew S. Blum on behalf of Thom E. Lobe, Rejuveneda Medical Group, Inc...(Blum, Matthew)
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Filing 21
AFFIDAVIT OF SERVICE. Crocker Law Firm PLLC served on 4/22/2022, answer due 5/13/2022. Service was made by Mail. Document filed by M&K Imports, LLC. (Attachments: #1 Exhibit Ex. A - Crocker Law Firm Service Affidavit, #2 Exhibit Ex. B - Crocker Law Firm Service Affidavit, #3 Exhibit Ex. C - Crocker Law Firm Service Affidavit).(De Palma, Richard)
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Filing 20
LETTER MOTION to Expedite an Order Permitting Alternative Service on Defendant Crocker addressed to Judge Vincent L. Briccetti from Richard De Palma dated 04/28/2022. Document filed by M&K Imports, LLC. (Attachments: #1 Exhibit Ex. A - Affidavit of Non-Service, #2 Exhibit Ex. B - Affidavit of Non-Service, #3 Exhibit Ex. C - Crocker Failed Delivery USPS).(De Palma, Richard)
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Filing 19
ORDER granting #18 Letter Motion for Leave to File Excess Pages (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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Filing 18
FIRST LETTER MOTION for Leave to File Excess Pages in a Letter Motion addressed to Judge Vincent L. Briccetti from Richard De Palma dated 04/28/2022. Document filed by M&K Imports, LLC..(De Palma, Richard)
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Filing 17
AFFIDAVIT OF SERVICE of Summons and Complaint,. Thom E. Lobe served on 4/16/2022, answer due 5/9/2022. Service was accepted by Thom E. Lobe. Document filed by M&K Imports, LLC..(De Palma, Richard)
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Filing 16
AFFIDAVIT OF SERVICE of Summons and Complaint,. Rejuveneda Medical Group, Inc. served on 4/8/2022, answer due 4/29/2022. Service was accepted by Yona Margales, Office Manager. Document filed by M&K Imports, LLC..(De Palma, Richard)
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Filing 15
ELECTRONIC SUMMONS ISSUED as to Rejuveneda Medical Group, Inc. (vf)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Crocker Law Firm PLLC. (vf)
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Filing 13
LETTER addressed to Judge Vincent L. Briccetti from Richard De Palma dated April 1, 2022 re: Response to Order [ECF No. 12]. Document filed by M&K Imports, LLC. (Attachments: #1 Exhibit A - Crocker Law Firm, PLLC's Annual Report and Annual Statement).(De Palma, Richard)
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Filing 12
ORDER: Accordingly, by April 7, 2022, plaintiff's counsel shall submit a letter explaining in detail the citizenship of plaintiff and defendant Crocker Law Firm PLLC, so that the Court can determine whether it has subject matter jurisdiction. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/31/2022) (mml)
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to Rejuveneda Medical Group, Inc. dba Regeneveda, re: #1 Complaint,. Document filed by M&K Imports, LLC..(De Palma, Richard)
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to Crocker Law Firm PLLC aka Crocker & Crocker, re: #1 Complaint,. Document filed by M&K Imports, LLC..(De Palma, Richard)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Patrick D. Crocker. (vf)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Thom E. Lobe. (vf)
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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..(vf)
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Case Designated ECF. (vf)
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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. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Richard Anthony De Palma to RE-FILE Document No. #6 Request for Issuance of Summons, #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant Party name error. Defendant party name listed does not correspond exactly to pleading caption. 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. (vf)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Patrick D. Crocker, re: #1 Complaint,. Document filed by M&K Imports, LLC..(De Palma, Richard)
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Filing 6
FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Croker Law Firm, re: #1 Complaint,. Document filed by M&K Imports, LLC..(De Palma, Richard) Modified on 3/31/2022 (vf).
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Thom E. Lobe, re: #1 Complaint,. Document filed by M&K Imports, LLC..(De Palma, Richard)
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Filing 4
FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Regeneveda, re: #1 Complaint,. Document filed by M&K Imports, LLC..(De Palma, Richard) Modified on 3/31/2022 (vf).
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by M&K Imports, LLC..(De Palma, Richard)
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Filing 2
CIVIL COVER SHEET filed..(De Palma, Richard)
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Filing 1
COMPLAINT against Patrick D. Crocker, Crocker Law Firm PLLC, Thom E. Lobe, Rejuveneda Medical Group, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25937450)Document filed by M&K Imports, LLC. (Attachments: #1 Exhibit A - Supply Purchase Agreement, #2 Exhibit B - First Amendment to Supply Purchase Agreement, #3 Exhibit C - Demand Letter, #4 Exhibit D - Regeneveda Letter dated February 7, 2022).(De Palma, Richard)
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