Pachella v. Arivo Acceptance, LLC et al
| Stephen J. Pachella |
| John Garff, Robert Avery and Arivo Acceptance, LLC |
| 2:2024cv00454 |
| June 25, 2024 |
| US District Court for the District of Utah |
| Jared C Bennett |
| Howard C Nielson |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 22, 2024. A more recent docket listing may be available from PACER.
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| Filing 51 NOTICE of Appearance by Mark A. Nickel on behalf of Arivo Acceptance, LLC, Robert Avery, Garff Enterprises, Inc. (Nickel, Mark) |
| Filing 50 NOTICE of Appearance by Zachary A. Bloomer on behalf of Arivo Acceptance, LLC, Robert Avery, Garff Enterprises, Inc. (Bloomer, Zachary) |
Filing 49
ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Magistrate Judge Jared C. Bennett on 6/26/24. (dle)
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| Filing 48 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice mailed to attorney Lindsey Blackwell for Arivo Acceptance, LLC, Robert Avery, John Garff. (nl) |
| Filing 47 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice mailed to attorney Douglas Brian Lipsky for Stephen J. Pachella. (nl) |
| Filing 46 Case transferred in from USDC of New York Southern; Case Number 7:23-cv-01090. Original file, certified copy of transfer order and docket sheet received. USDC District of Utah case number 2:24-cv-00454-HCN, Assigned to Judge Howard C. Nielsen, Jr. |
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Filing 45
ORDER granting #33 Motion to Transfer Case. Neither party appeared at today's conference. For the reasons indicated on the record and law cited therein, the Court GRANTED Defendants' motion to transfer venue to the to the Central Division of the United States District Court for the District of Utah pursuant to 28 U.S.C. 1404(a). The Court declined to reach the motion to dismiss for lack of personal jurisdiction and for failure to state a claim. (See Transcript.) The Clerk of Court is respectfully directed to (i) terminate the motion sequence pending at Doc. 33; and (ii) transfer this action to the Central Division of the United States District Court for the District of Utah pursuant to Local Civil Rule 83.1. SO-ORDERED. (Signed by Judge Philip M. Halpern on 6/13/2024) (jca) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 6/25/2024.]
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Filing 44
ORDER terminating #43 Letter Motion to Adjourn Conference. As stated in the Court's June 12, 2024 Order (Doc. 42), the Court will issue an oral ruling at the June 13, 2024 conference. The Court will not hear argument from counsel at the conference. Counsel may obtain a copy of the transcript following the issuance of the Court's ruling. The Clerk of Court is respectfully directed to terminate the motion sequence pending at Doc. 43. SO ORDERED.. (Signed by Judge Philip M. Halpern on 6/13/2024) (jca) [Transferred from New York Southern on 6/25/2024.]
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| Minute Entry for proceedings held before Judge Philip M. Halpern: Status Conference held on 6/13/2024. Order to follow. (Court Reporter Tabitha Dente) (mf) [Transferred from New York Southern on 6/25/2024.] |
| Filing 43 FIRST LETTER MOTION to Adjourn Conference or respectfully request that Defense counsel also be granted permission not to attend tomorrow's conference addressed to Judge Philip M. Halpern from Lindsey Blackwell dated June 12, 2024. Document filed by Arivo Acceptance, LLC, Robert Avery, John Garff, Garff Enterprises Inc...(Blackwell, Lindsey) [Transferred from New York Southern on 6/25/2024.] |
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Filing 42
ORDER denying #41 Letter Motion to Adjourn Conference. Application denied. The Court will issue an oral ruling at the June 13, 2024 conference. The Court will not hear argument from counsel at the conference. Counsel may obtain a copy of the transcript following the issuance of the Court's ruling. The Clerk of Court is respectfully directed to terminate themotion sequence pending at Doc. 41. SO ORDERED. (Signed by Judge Philip M. Halpern on 6/12/2024) (jca) [Transferred from New York Southern on 6/25/2024.]
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| Filing 41 LETTER MOTION to Adjourn Conference of June 13, 2024 at 12pm addressed to Judge Philip M. Halpern from Douglas Lipsky dated June 12, 2024. Document filed by Stephen J. Pachella..(Lipsky, Douglas) [Transferred from New York Southern on 6/25/2024.] |
| Filing 40 NOTICE OF COURT CONFERENCE:An oral ruling will be issued by the Hon. Philip M. Halpern, United States District Judge on June 13, 2024 at 12:00 p.m. at the Charles L. Brieant United States Courthouse, 300 Quarropas Street, White Plains, NY 10601, Courtroom 520. Status Conference set for 6/13/2024 at 12:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. (jca) [Transferred from New York Southern on 6/25/2024.] |
| Filing 39 REPLY MEMORANDUM OF LAW in Support re: #33 MOTION to Transfer Case to the United States District Court, District of Utah (Central Division). . Document filed by Arivo Acceptance, LLC, Robert Avery, John Garff..(Blackwell, Lindsey) [Transferred from New York Southern on 6/25/2024.] |
| Filing 38 REPLY AFFIRMATION of Lindsey Blackwell in Opposition re: #33 MOTION to Transfer Case to the United States District Court, District of Utah (Central Division).. Document filed by Arivo Acceptance, LLC, Robert Avery, John Garff. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Blackwell, Lindsey) [Transferred from New York Southern on 6/25/2024.] |
| Filing 37 DECLARATION of Stephen. J. Pachella in Opposition re: #33 MOTION to Transfer Case to the United States District Court, District of Utah (Central Division).. Document filed by Stephen J. Pachella..(Lipsky, Douglas) [Transferred from New York Southern on 6/25/2024.] |
| Filing 36 MEMORANDUM OF LAW in Opposition re: #33 MOTION to Transfer Case to the United States District Court, District of Utah (Central Division). . Document filed by Stephen J. Pachella..(Lipsky, Douglas) [Transferred from New York Southern on 6/25/2024.] |
| Filing 35 MEMORANDUM OF LAW in Support re: #33 MOTION to Transfer Case to the United States District Court, District of Utah (Central Division). . Document filed by Arivo Acceptance, LLC, Robert Avery, John Garff..(Blackwell, Lindsey)[Transferred from New York Southern on 6/25/2024.] |
| Filing 34 DECLARATION of Lindsey Blackwell in Support re: #33 MOTION to Transfer Case to the United States District Court, District of Utah (Central Division).. Document filed by Arivo Acceptance, LLC, Robert Avery, John Garff. (Attachments: #1 Exhibit Declaration of Robert Avery, #2 Exhibit Declaration of John K. Garff, #3 Exhibit Arivo Employee Non-Disclosure Agreement, #4 Exhibit Profit Participation Agreement between Plaintiff and Arivo of January 21, 2021).(Blackwell, Lindsey) [Transferred from New York Southern on 6/25/2024.] |
| Filing 33 MOTION to Transfer Case to the United States District Court, District of Utah (Central Division). Document filed by Arivo Acceptance, LLC, Robert Avery, John Garff..(Blackwell, Lindsey) [Transferred from New York Southern on 6/25/2024.] |
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Filing 32
ORDER granting #31 Letter Motion for Leave to File Excess Pages. Application granted. The Clerk of Court is respectfully directed to terminate the motion sequence pending at Doc. 31. SO ORDERED. (Signed by Judge Philip M. Halpern on 9/20/2023) (vfr) [Transferred from New York Southern on 6/25/2024.]
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| Filing 31 LETTER MOTION for Leave to File Excess Pages for Defendants Reply Memorandum of Law in Further Support of Their Motion to Dismiss and Motion to Transfer addressed to Judge Philip M. Halpern from Lindsey Blackwell dated September 20, 2023. Document filed by Arivo Acceptance, LLC, Robert Avery, John Garff..(Blackwell, Lindsey) [Transferred from New York Southern on 6/25/2024.] |
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Filing 30
ORDER granting #29 Letter Motion for Extension of Time to File Response/Reply re #29 SECOND LETTER MOTION for Extension of Time to File Response/Reply to serve Defendants reply papers in further support of their Motion to Transfer or, in the Alternative, Motion to Dismiss addressed to Judge Philip M. Halpern. Application granted on consent of the parties. The Clerk of Court is respectfully directed to terminate the motion sequence pending at Doc. 29. SO ORDERED. (Signed by Judge Philip M. Halpern on 9/6/2023) (jca) [Transferred from New York Southern on 6/25/2024.]
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| Filing 29 SECOND LETTER MOTION for Extension of Time to File Response/Reply to serve Defendants reply papers in further support of their Motion to Transfer or, in the Alternative, Motion to Dismiss addressed to Judge Philip M. Halpern from Lindsey Blackwell dated September 5, 2023. Document filed by Arivo Acceptance, LLC, Robert Avery, John Garff..(Blackwell, Lindsey) [Transferred from New York Southern on 6/25/2024.] |
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Filing 28
ORDER: granting #27 Letter Motion for Extension of Time to File Response/Reply re #27 LETTER MOTION for Extension of Time to File Response/Reply regarding Defendant's Motion to Transfer or, in the Alternative, Motion to Dismiss. addressed to Judge Philip M. Halpern from Douglas B. Lipsky dated August 21, 2023. Application granted to the extent that the deadline for Plaintiff's opposition is extended to August 23, 2023 and the deadline for Defendant's reply is extended to September 7, 2023. The Clerk of Court is respectfully directed to terminate the motion sequence pending at Doc. 27. SO ORDERED. Responses due by 8/23/2023 Replies due by 9/7/2023. (Signed by Judge Philip M. Halpern on 8/21/2023) (ama) [Transferred from New York Southern on 6/25/2024.]
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| Filing 27 LETTER MOTION for Extension of Time to File Response/Reply regarding Defendant's Motion to Transfer or, in the Alternative, Motion to Dismiss addressed to Judge Philip M. Halpern from Douglas B. Lipsky dated August 21, 2023. Document filed by Stephen J. Pachella..(Lipsky, Douglas) [Transferred from New York Southern on 6/25/2024.] |
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Filing 26
ORDER granting #25 Letter Motion for Leave to File Excess Pages. Application granted. The Clerk of Court is respectfully directed to terminate the motion sequence pending at Doc. 25. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/31/2023) (jca) [Transferred from New York Southern on 6/25/2024.]
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| Filing 25 LETTER MOTION for Leave to File Excess Pages addressed to Judge Philip M. Halpern from Lindsey Blackwell dated July 30, 2023. Document filed by Arivo Acceptance, LLC, Robert Avery, John Garff..(Blackwell, Lindsey) [Transferred from New York Southern on 6/25/2024.] |
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Filing 24
ORDER granting #22 Letter Motion for Leave to File Document. Defendant's request for leave to move to dismiss is granted. The Court's pre-motion conference requirement is hereby waived. As stated in the Court's 6/12/2023 Entry, Defendant shall file one motion, inclusive of the motion to transfer and motion to dismiss, in accordance with the already set briefing schedule: motion shall be served, not filed, on 7/31/2023; opposition shall be served, not filed, on 8/21/2023; reply shall be served on 9/5/2023; and all papers shall be filed on the reply date, 9/5/2023. The Clerk of Court is respectfully directed to terminate the motion sequence pending at Doc. 22. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/11/2023) (jca) [Transferred from New York Southern on 6/25/2024.]
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| Set/Reset Deadlines: Motions due by 9/5/2023. Responses due by 9/5/2023 Replies due by 9/5/2023. (jca) [Transferred from New York Southern on 6/25/2024.] |
| Filing 23 LETTER RESPONSE in Opposition to Motion addressed to Judge Philip M. Halpern from Douglas B. Lipsky dated July 10, 2023 re: #22 LETTER MOTION for Leave to File Letter Motion Seeking Leave to file Motion to Dismiss addressed to Judge Philip M. Halpern from Lindsey Blackwell dated June 30, 2023. . Document filed by Stephen J. Pachella..(Lipsky, Douglas) [Transferred from New York Southern on 6/25/2024.] |
| Filing 22 LETTER MOTION for Leave to File Letter Motion Seeking Leave to file Motion to Dismiss addressed to Judge Philip M. Halpern from Lindsey Blackwell dated June 30, 2023. Document filed by Arivo Acceptance, LLC, Robert Avery, John Garff..(Blackwell, Lindsey) [Transferred from New York Southern on 6/25/2024.] |
| Filing 21 SECOND AMENDED COMPLAINT amending #7 Amended Complaint against Arivo Acceptance, LLC, Robert Avery, John Garff with JURY DEMAND.Document filed by Stephen J. Pachella. Related document: #7 Amended Complaint..(Lipsky, Douglas) [Transferred from New York Southern on 6/25/2024.] |
| Minute Entry for proceedings held before Judge Philip M. Halpern: Pre-Motion Telephone Conference held on 6/12/2023. Counsel for all parties appeared by telephone. The Court granted Plaintiff leave to file a Second Amended Complaint by 6/16/2023. Plaintiff's deadline to answer or file a pre-motion letter regarding its anticipated motion to dismiss the Second Amended Complaint is June 30, 2023. If Defendant files a pre-motion letter, Plaintiff shall file its responsive letter by 7/10/2023. The Court also granted Defendant leave to move to transfer. In the event Defendant is given permission to move to dismiss, it should file one motion, inclusive of the motion to transfer, in accordance with the following briefing schedule: motion shall be served, not filed, on 7/31/2023; opposition shall be served, not filed, on 8/21/2023; reply shall be served on 9/5/2023; and all papers shall be filed on the reply date, 9/5/2023. (fc) [Transferred from New York Southern on 6/25/2024.] |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Victoria Reznik. Please note that this is a reassignment of the designation only..(kgo) [Transferred from New York Southern on 6/25/2024.] |
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Filing 20
ORDER granting #16 Letter Motion for Leave to File Document. Application for a pre-motion conference granted. The pre-motion conference will be held at 3:30 p.m. on June 12, 2023. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. The Clerk of Court is respectfully directed to terminate the motion sequence pending at Doc. 16. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/19/2023) (jca) [Transferred from New York Southern on 6/25/2024.]
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| Set/Reset Hearings: Telephone Conference set for 6/12/2023 at 03:30 PM before Judge Philip M. Halpern. (jca) [Transferred from New York Southern on 6/25/2024.] |
| Filing 19 LETTER RESPONSE in Opposition to Motion addressed to Judge Philip M. Halpern from Douglas B. Lipsky dated May 18, 2023 re: #16 LETTER MOTION for Leave to File Motion to Transfer and Request for Pre-Motion Conference addressed to Judge Philip M. Halpern from Lindsey Blackwell dated May 11, 2023. . Document filed by Stephen J. Pachella..(Lipsky, Douglas) [Transferred from New York Southern on 6/25/2024.] |
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Filing 18
ORDER granting in part and denying in part #17 Letter Motion for Extension of Time to Answer re #17 LETTER MOTION for Extension of Time to File Answer or Pre-Answer Motion to Dismiss the First Amended Complaint addressed to Judge Philip M. Halpern from Lindsey Blackwell dated May 11, 2023. Application denied except that Defendants' time to move, answer, or otherwise respond to the Summons and Complaint is extended to May 25, 2023. The Clerk of Court is respectfully directed to terminate the motion sequence pending at Doc. 17. SO ORDERED.. (Signed by Judge Philip M. Halpern on 5/15/2023) (jca) [Transferred from New York Southern on 6/25/2024.]
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| Set/Reset Deadlines: Arivo Acceptance, LLC answer due 5/25/2023; Robert Avery answer due 5/25/2023; John Garff answer due 5/25/2023. (jca) [Transferred from New York Southern on 6/25/2024.] |
| Filing 17 LETTER MOTION for Extension of Time to File Answer or Pre-Answer Motion to Dismiss the First Amended Complaint addressed to Judge Philip M. Halpern from Lindsey Blackwell dated May 11, 2023. Document filed by Arivo Acceptance, LLC, Robert Avery, John Garff, Garff Enterprises Inc...(Blackwell, Lindsey) [Transferred from New York Southern on 6/25/2024.] |
| Filing 16 LETTER MOTION for Leave to File Motion to Transfer and Request for Pre-Motion Conference addressed to Judge Philip M. Halpern from Lindsey Blackwell dated May 11, 2023. Document filed by Arivo Acceptance, LLC, Robert Avery, John Garff, Garff Enterprises Inc...(Blackwell, Lindsey) [Transferred from New York Southern on 6/25/2024.] |
| Filing 15 NOTICE OF APPEARANCE by Lindsey Blackwell on behalf of Arivo Acceptance, LLC, Robert Avery, John Garff..(Blackwell, Lindsey) [Transferred from New York Southern on 6/25/2024.] |
| 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) [Transferred from New York Southern on 6/25/2024.] |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to John Garff..(pc) [Transferred from New York Southern on 6/25/2024.] |
| Filing 12 ELECTRONIC AMENDED SUMMONS ISSUED as to Arivo Acceptance, LLC, Robert Avery..(pc) [Transferred from New York Southern on 6/25/2024.] |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to John Garff, re: #7 Amended Complaint. Document filed by Stephen J. Pachella..(Lipsky, Douglas) [Transferred from New York Southern on 6/25/2024.] |
| 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) [Transferred from New York Southern on 6/25/2024.] |
| ***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) [Transferred from New York Southern on 6/25/2024.] |
| ***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) [Transferred from New York Southern on 6/25/2024.] |
| 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) [Transferred from New York Southern on 6/25/2024.] |
| 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). [Transferred from New York Southern on 6/25/2024.] |
| 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) [Transferred from New York Southern on 6/25/2024.] |
| 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) [Transferred from New York Southern on 6/25/2024.] |
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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) [Transferred from New York Southern on 6/25/2024.]
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Arivo Acceptance, LLC, Robert Avery, Garff Enterprises Inc...(jgo) [Transferred from New York Southern on 6/25/2024.] |
| ***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) [Transferred from New York Southern on 6/25/2024.] |
| 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) [Transferred from New York Southern on 6/25/2024.] |
| 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) [Transferred from New York Southern on 6/25/2024.] |
| Case Designated ECF. (jgo) [Transferred from New York Southern on 6/25/2024.] |
| Filing 3 CIVIL COVER SHEET filed..(Lipsky, Douglas) [Transferred from New York Southern on 6/25/2024.] |
| 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) [Transferred from New York Southern on 6/25/2024.] |
| 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) [Transferred from New York Southern on 6/25/2024.] |
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