Sinclair v. DARCARS of Railroad Avenue, Inc. et al
| Kai Sinclair |
| DARCARS of Railroad Avenue, Inc. and Toyota Motor Credit Corporation |
| 7:2023cv07123 |
| August 11, 2023 |
| U.S. District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Truth in Lending |
| 15 U.S.C. § 1601 Truth in Lending |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 21 NOTICE OF APPEARANCE by Robert C Gianchetti on behalf of Toyota Motor Credit Corporation..(Gianchetti, Robert) |
Filing 20
MEMO ENDORSED ORDER terminating #15 Motion for Extension of Time to Answer re #15 CONSENT MOTION for Extension of Time to File Answer or Other Responsive Pleading., #1 Complaint. ENDORSEMENT: The Clerk of Court is kindly directed to term. the motion at ECF No. 15. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/5/23) (yv)
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Filing 19
ORDER terminating #14 Letter Motion for Conference re: #14 LETTER MOTION for Conference Regarding Defendant's Anticipated Motion to Compel Arbitration or, in the Alternative, a Motion to Dismiss addressed to Judge Nelson Stephen Roman from Robert Gianchetti dated September 18, 2023. The Court is in receipt of the attached letter from Defendant DARCARS, dated September 18, 2023, seeking leave to file a motion to compel arbitration, or, in the alternative, a motion to dismiss. The Court waives the pre-motion conference requirement and grants Defendant leave to file a motion to compel arbitration, or, in the alternative, a motion to dismiss, in accordance with the following briefing schedule: (1)Defendant's moving papers are to be served (not filed) on November 6, 2023; (2)Plaintiff's opposition papers are to be served (not filed) on December 6, 2023; and (3)Defendant's reply papers are to be served on December 21, 2023. All motion papers are to be filed by the parties on the reply date, December 21, 2023. 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. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 14. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/5/23) (yv)
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| Set/Reset Deadlines: Motions due by 12/21/2023. Responses due by 12/21/2023. Replies due by 12/21/2023. (yv) |
| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Mariam, Inc. for DARCARS of Railroad Avenue, Inc.. Document filed by DARCARS of Railroad Avenue, Inc...(Gianchetti, Robert) |
| Filing 17 NOTICE OF APPEARANCE by Jonathan M Marmo on behalf of Toyota Motor Credit Corporation..(Marmo, Jonathan) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Toyota Motor Corporation, CTS, Corporate Parent Financial Services International Corporation, Corporate Parent Toyota Financial Services Corporation. for Toyota Motor Credit Corporation. Document filed by Toyota Motor Credit Corporation..(Marmo, Jonathan) |
| Filing 15 CONSENT MOTION for Extension of Time to File Answer or Other Responsive Pleading. Document filed by Toyota Motor Credit Corporation..(Marmo, Jonathan) |
| Filing 14 LETTER MOTION for Conference Regarding Defendant's Anticipated Motion to Compel Arbitration or, in the Alternative, a Motion to Dismiss addressed to Judge Nelson Stephen Roman from Robert Gianchetti dated September 18, 2023. Document filed by DARCARS of Railroad Avenue, Inc.. (Attachments: #1 Exhibit A - Arbitration Clause).(Gianchetti, Robert) |
| Filing 13 NOTICE OF APPEARANCE by Robert C Gianchetti on behalf of DARCARS of Railroad Avenue, Inc...(Gianchetti, Robert) |
| Filing 12 AMENDED COMPLAINT amending #1 Complaint against DARCARS of Railroad Avenue, Inc., Toyota Motor Credit Corporation with JURY DEMAND.Document filed by Kai Sinclair. Related document: #1 Complaint. (Attachments: #1 Exhibit Exhibit "A" RISC).(Kasell, David) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Toyota Motor Credit Corporation..(jgo) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to DARCARS of Railroad Avenue, Inc...(jgo) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Toyota Motor Credit Corporation, re: #1 Complaint. Document filed by Kai Sinclair..(Kasell, David) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to DARCARS of Railroad Avenue, Inc., re: #1 Complaint. Document filed by Kai Sinclair..(Kasell, David) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Michael Kasell to RE-FILE Document No. #7 Request for Issuance of Summons, #6 Request for Issuance of 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. Civil Action NO. Error reflected on Form; and Docket Entry Error. Enter the party name as to whom summons is issued for when prompted in ECF. 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) |
| Filing 7 FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Toyota Motor Credit Corp., re: #1 Complaint. Document filed by Kai Sinclair..(Kasell, David) Modified on 8/16/2023 (vf). |
| Filing 6 FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to DARCARS of Railroad Avenue, Inc., re: #1 Complaint. Document filed by Kai Sinclair..(Kasell, David) Modified on 8/16/2023 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Michael Kasell to RE-FILE Document No. #4 Request for Issuance of Summons, #3 Request for Issuance of Summons, #5 Request for Issuance of 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. Civil Action NO. Error reflected on Form; and Docket Entry Error. Enter the party name as to whom summons is issued for when prompted in ECF. 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) |
| Case Designated ECF. (vf) |
| Magistrate Judge Victoria Reznik 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) |
| 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..(vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Michael Kasell. The following case opening statistical information was erroneously selected/entered: Arbitration code m (Mandatory); County code Albany. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to Kings. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Michael Kasell. The party information for the following party/parties has been modified: Toyota Motor Credit Corp.. The information for the party/parties has been modified for the following reason/reasons: party name entered incorrectly. (vf) |
| Filing 5 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to DARCARS of Railroad Avenue, Inc., re: #1 Complaint. Document filed by Kai Sinclair..(Kasell, David) Modified on 8/14/2023 (vf). |
| Filing 4 FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Toyota Motor Credit Corp., re: #1 Complaint. Document filed by Kai Sinclair..(Kasell, David) Modified on 8/14/2023 (vf). |
| Filing 3 FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by Kai Sinclair..(Kasell, David) Modified on 8/14/2023 (vf). |
| Filing 2 CIVIL COVER SHEET filed..(Kasell, David) |
| Filing 1 COMPLAINT against DARCARS of Railroad Avenue, Inc., Toyota Motor Credit Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28138843)Document filed by Kai Sinclair. (Attachments: #1 Exhibit Exhibit "A" RISC).(Kasell, David) |
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