Pachella v. Arivo Acceptance, LLC et al
Plaintiff: Stephen J. Pachella
Defendant: Arivo Acceptance, LLC, Garff Enterprises Inc., Robert Avery and John Garff
Case Number: 7:2023cv01090
Filed: February 8, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Philip M Halpern
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1332 Diversity Action
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 6, 2023 Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. Arivo Acceptance, LLC waiver sent on 3/6/2023, answer due 5/5/2023; Robert Avery waiver sent on 3/6/2023, answer due 5/5/2023; John Garff waiver sent on 3/6/2023, answer due 5/5/2023. Document filed by Stephen J. Pachella..(Lipsky, Douglas)
February 24, 2023 Filing 13 ELECTRONIC SUMMONS ISSUED as to John Garff..(pc)
February 24, 2023 Filing 12 ELECTRONIC AMENDED SUMMONS ISSUED as to Arivo Acceptance, LLC, Robert Avery..(pc)
February 23, 2023 Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to John Garff, re: #7 Amended Complaint. Document filed by Stephen J. Pachella..(Lipsky, Douglas)
February 23, 2023 Filing 10 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Arivo Acceptance, LLC and Robert Avery, re: #7 Amended Complaint. Document filed by Stephen J. Pachella..(Lipsky, Douglas)
February 23, 2023 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #9 Notice of Voluntary Dismissal, was reviewed and referred to Judge Philip M. Halpern for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp)
February 23, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Douglas Brian Lipsky to RE-FILE Document No. #8 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Parties previously issued a summons require an amended summons, newly added parties require a standard summons, both must be filed separately. 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. (sj)
February 22, 2023 Filing 9 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Garff Enterprises Inc.. Document filed by Stephen J. Pachella. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lipsky, Douglas)
February 22, 2023 Filing 8 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Arivo Acceptance, LLC, John Garff, and Robert Avery, re: #7 Amended Complaint. Document filed by Stephen J. Pachella..(Lipsky, Douglas) Modified on 2/23/2023 (sj).
February 22, 2023 Filing 7 FIRST AMENDED COMPLAINT amending #1 Complaint against Arivo Acceptance, LLC, Robert Avery, John Garff with JURY DEMAND.Document filed by Stephen J. Pachella. Related document: #1 Complaint..(Lipsky, Douglas)
February 15, 2023 Filing 6 LETTER addressed to Judge Philip M. Halpern from Douglas B. Lipsky dated February 15, 2023 re: Concerns the Court's February 10, 2023 Order. Document filed by Stephen J. Pachella..(Lipsky, Douglas)
February 10, 2023 Opinion or Order Filing 5 ORDER Accordingly, by 5:00 p.m. on February 17, 2023, Plaintiff shall file a letter via ECF explaining the basis for his assertion that diversity of citizenship exists and support any factual statements about Arrivo Acceptance, LLC's membership with an affidavit from a person with personal knowledge of such. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 2/10/2023) (jca)
February 9, 2023 Filing 4 ELECTRONIC SUMMONS ISSUED as to Arivo Acceptance, LLC, Robert Avery, Garff Enterprises Inc...(jgo)
February 9, 2023 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Douglas Brian Lipsky. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (jgo)
February 9, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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)
February 9, 2023 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)
February 9, 2023 Case Designated ECF. (jgo)
February 8, 2023 Filing 3 CIVIL COVER SHEET filed..(Lipsky, Douglas)
February 8, 2023 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Arivo Acceptance, LLC, Garff Enterprises Inc., and Robert Avery, re: #1 Complaint. Document filed by Stephen J. Pachella..(Lipsky, Douglas)
February 8, 2023 Filing 1 COMPLAINT against Arivo Acceptance, LLC, Robert Avery, Garff Enterprises Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27315960)Document filed by Stephen J. Pachella..(Lipsky, Douglas)

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Plaintiff: Stephen J. Pachella
Represented By: Douglas Brian Lipsky
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Defendant: Arivo Acceptance, LLC
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Defendant: Garff Enterprises Inc.
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Defendant: Robert Avery
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Defendant: John Garff
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