Mendoza v. Pale Morning Leasing, LLC et al
| New York Southern District Court | |
| Judge: | Denise L Cote |
| Case #: | 1:17-cv-10190 |
| Nature of Suit | 150 Contract - Recovery of Overpayment & Enforcement of Judgment |
| Cause | 28:1332bc Diversity-Breach of Contract |
| Case Filed: | Dec 28, 2017 |
| Terminated: | Apr 23, 2018 |
| Last checked: Tuesday Jun 26, 2018 5:08 AM EDT |
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Counter Claimant
Pale Morning Leasing, LLC
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Represented By
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Counter Defendant
Eduardo Mendoza
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Represented By
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Defendant
Tanir Helayel
35 Chittendon Ave.
Tuckahoe, NY 10707 |
Represented By
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Defendant
Pale Morning Credit, LLC
251 Little Falls Drive
Wilmington, DE 19808 |
Represented By
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Defendant
Pale Morning Leasing, LLC
160 Greentree Drive Suite 101
Dover, DE 19904 |
Represented By
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Defendant
SQN Latina, S. de R.L. de C.V.
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Represented By
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Plaintiff
Eduardo Mendoza
1082 Spruce St.
Winnetka, IL 60093 |
Represented By
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| Docket last updated: 12 minutes ago |
| Monday, April 23, 2018 | ||
| 32 | 32
2
pgs
order
Order of Dismissal
Mon 04/23 11:30 AM
ORDER: On April 20, 2018, the plaintiff informed the Court that diversity, the basis for jurisdiction asserted in the complaint, is lacking in this matter because the plaintiff is a resident of Illinois, as is a member of defendant Pale Morning Leasing, LLC. The Court accordingly lacks jurisdiction over the plaintiffs claims. In addition, the counterclaims raised in the defendants answer are state law claims asserted by Pale Morning Leasing, LLC against the plaintiff; the Court therefore also lacks jurisdiction over those claims as well. Accordingly, it is hereby ORDERED that the action is dismissed without prejudice pursuant to Rule 41(a)(2), Fed. R. Civ. P. (Signed by Judge Denise L. Cote on 4/23/2018) (gr) |
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| Friday, April 20, 2018 | ||
| 31 | 31
motion
Dismiss/Lack of Jurisdiction
Fri 04/20 6:45 PM
FIRST MOTION to Dismiss for Lack of Jurisdiction pursuant to FRCP 41(a)(2) . Document filed by Eduardo Mendoza.(Menken, Bruce) |
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| Monday, April 09, 2018 | ||
| 30 | 30
2
pgs
order
Order
Mon 04/09 4:57 PM
ORDER: Defendants have filed a motion to dismiss this action that became fully submitted on March 30, 2018. In its complaint, the plaintiff bases subject matter jurisdiction on 28 U.S.C. § 1332(a). This Courts individual rules read as follows: In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the party asserting the existence of such jurisdiction shall, prior to the Initial Pretrial Conference, file on ECF a letter no longer than two pages explaining the basis for that partys belief that diversity of citizenship exists. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a... limited liability company,... the letter shall state the citizenship of each of the entitys members, shareholders, partners, and/or trustees. Two defendants in this case are limited liability companies, and one is a corporation. Accordingly, it is herebyORDERED that the plaintiff submit a letter by April 20, 2018 stating the place of incorporation and the principal place of business of the corporation named in this action, and the citizenship of each of the members, shareholders, partners, and/or trustees of the limited liability companies named in this action. (Signed by Judge Denise L. Cote on 4/9/2018) (gr) |
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| Friday, March 30, 2018 | ||
| 29 | 29
respm
Reply to Response to Motion
Fri 03/30 5:46 PM
REPLY to Response to Motion re:26 MOTION to Dismiss . . Document filed by Tanir Helayel, Pale Morning Credit, LLC, SQN Latina, S. de R.L. de C.V.. (Abraham, Joshua) |
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| Friday, March 23, 2018 | ||
| 28 | 28
respm
Response to Motion
Fri 03/23 4:29 PM
RESPONSE to Motion re:26 MOTION to Dismiss . . Document filed by Eduardo Mendoza. (Menken, Bruce) |
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| 27 | 27
respm
Response to Motion
Fri 03/23 2:10 PM
RESPONSE to Motion re:26 MOTION to Dismiss . . Document filed by Eduardo Mendoza. (Menken, Bruce) |
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| Friday, March 09, 2018 | ||
| 26 | 26
motion
Dismiss
Fri 03/09 4:01 PM
MOTION to Dismiss . Document filed by Tanir Helayel, Pale Morning Credit, LLC, SQN Latina, S. de R.L. de C.V..(Abraham, Joshua) |
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| Wednesday, February 21, 2018 | ||
| 25 | 25
order
Scheduling Order
Wed 02/21 11:30 AM
ORDER: On January 30, 2018, defendants filed a motion to dismiss the original complaint in this action pursuant to Rule 12(b)(6), Fed. R. Civ. P. An Order of January 31 directed the plaintiff to file any amended complaint by February 20 and alerted the plaintiff that it would likely not have another opportunity to amend. The plaintiff filed an amended complaint on February 20. It is herebyORDERED that the defendants January 30, 2018 motion to dismiss shall be terminated as moot. IT IS FURTHER ORDERED that defendants shall respond to the amended complaint by March 9, 2018, by filing an answer, by filing a new motion to dismiss, or by renewing their January 30 motion to dismiss. Plaintiff shall file his opposition to any renewed motion to dismiss by March 23, 2018. Defendants shall file any reply by March 30, 2018..... (Signed by Judge Denise L. Cote on 2/21/2018) (gr) |
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| Tuesday, February 20, 2018 | ||
| 24 | 24
answer
Answer to Counterclaim
Tue 02/20 6:19 PM
ANSWER to19 Counterclaim. Document filed by Eduardo Mendoza.(Menken, Bruce) |
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| 23 | 23
15
pgs
cmp
Amended Complaint
Tue 02/20 6:07 PM
AMENDED COMPLAINT amending1 Complaint against Tanir Helayel, Pale Morning Credit, LLC, Pale Morning Leasing, LLC, SQN Latina, S. de R.L. de C.V. with JURY DEMAND.Document filed by Eduardo Mendoza. Related document:1 Complaint.(Cretcher, Grace) |
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| Thursday, February 01, 2018 | ||
| 22 | 22
misc
Rule 7.1 Corporate Disclosure Statement
Thu 02/01 12:09 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Pale Morning Leasing LLC for SQN Latina, S. de R.L. de C.V.. Document filed by SQN Latina, S. de R.L. de C.V..(Abraham, Joshua) |
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| Wednesday, January 31, 2018 | ||
| 21 | 21
order
Scheduling Order
Wed 01/31 10:39 AM
ORDER: On January 30, 2018, defendant filed a motion to dismiss the complaint pursuant to Rule 12(b)(6), Fed. R. Civ. P. Under Rule 15(a)(1)(B), Fed. R. Civ. P., a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is herebyORDERED that plaintiff shall file any amended complaint by February 20, 2018. It is unlikely that plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by February 20, 2018. Defendants reply, if any, shall be served by March 2, 2018. At the time any reply is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that the initial pretrial conference scheduled for March 2 is adjourned sine die. (Signed by Judge Denise L. Cote on 1/31/2018) (gr) |
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misc
Notice to Attorney to Re-File Document - Deficient Docket Entry Error
Wed 01/31 9:47 AM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Joshua Eli Abraham to RE-FILE Document 18 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): CORPORATE PARENT/OTHER AFFILIATE NAME ENTERED INCORRECTLY. (lb) |
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| Tuesday, January 30, 2018 | ||
| 20 | 20
7
pgs
motion
Dismiss
Tue 01/30 6:57 PM
MOTION to Dismiss . Document filed by Tanir Helayel, Pale Morning Credit, LLC, SQN Latina, S. de R.L. de C.V..(Abraham, Joshua) |
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| 19 | 19
answer
Answer to Complaint Counterclaim
Tue 01/30 6:56 PM
ANSWER to1 Complaint., COUNTERCLAIM against Eduardo Mendoza. Document filed by Pale Morning Leasing, LLC.(Abraham, Joshua) |
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| 18 | 18
misc
Rule 7.1 Corporate Disclosure Statement
Tue 01/30 6:54 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Pale Morning Partners LLC for SQN Latina, S. de R.L. de C.V.. Document filed by SQN Latina, S. de R.L. de C.V..(Abraham, Joshua) |
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| 17 | 17
misc
Rule 7.1 Corporate Disclosure Statement
Tue 01/30 6:52 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Pale Morning Partners LLC for Pale Morning Leasing, LLC. Document filed by Pale Morning Leasing, LLC.(Abraham, Joshua) |
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| 16 | 16
misc
Rule 7.1 Corporate Disclosure Statement
Tue 01/30 6:48 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pale Morning Credit, LLC.(Abraham, Joshua) |
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| Wednesday, January 24, 2018 | ||
| 15 | 15
service
Affidavit of Service Complaints
Wed 01/24 2:40 PM
AFFIDAVIT OF SERVICE of Summons and Complaint. SQN Latina, S. de R.L. de C.V. served on 1/10/2018, answer due 1/31/2018. Service was accepted by Frances Ferendez, Managing Agent. Document filed by Eduardo Mendoza. (Cretcher, Grace) |
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| 14 | 14
service
Affidavit of Service Complaints
Wed 01/24 2:39 PM
AFFIDAVIT OF SERVICE of Summons and Complaint. Pale Morning Credit, LLC served on 1/10/2018, answer due 1/31/2018. Service was accepted by Frances Ferendez, Managing Agent. Document filed by Eduardo Mendoza. (Cretcher, Grace) |
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| 13 | 13
service
Affidavit of Service Complaints
Wed 01/24 2:36 PM
AFFIDAVIT OF SERVICE of Summons and Complaint. Pale Morning Leasing, LLC served on 1/10/2018, answer due 1/31/2018. Service was accepted by Frances Ferendez, Managing Agent. Document filed by Eduardo Mendoza. (Cretcher, Grace) |
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| Tuesday, January 09, 2018 | ||
| 12 | 12
service
Summons Issued
Tue 01/09 10:54 AM
ELECTRONIC SUMMONS ISSUED as to Tanir Helayel. (pc) |
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| 11 | 11
service
Summons Issued
Tue 01/09 10:54 AM
ELECTRONIC SUMMONS ISSUED as to Pale Morning Credit, LLC. (pc) |
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| 10 | 10
service
Summons Issued
Tue 01/09 10:53 AM
ELECTRONIC SUMMONS ISSUED as to SQN Latina, S. de R.L. de C.V.. (pc) |
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| 9 | 9
service
Summons Issued
Tue 01/09 10:53 AM
ELECTRONIC SUMMONS ISSUED as to Pale Morning Leasing, LLC. (pc) |
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| Monday, January 08, 2018 | ||
| 8 | 8
service
Request for Issuance of Summons
Mon 01/08 11:18 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Tanir Helayel, re:1 Complaint. Document filed by Eduardo Mendoza. (Cretcher, Grace) |
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| 7 | 7
service
Request for Issuance of Summons
Mon 01/08 11:17 AM
REQUEST FOR ISSUANCE OF SUMMONS as to SQN Latina, S. de R.L. de C.V., re:1 Complaint. Document filed by Eduardo Mendoza. (Cretcher, Grace) |
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| 6 | 6
service
Request for Issuance of Summons
Mon 01/08 11:16 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Pale Morning Leasing, LLC, re:1 Complaint. Document filed by Eduardo Mendoza. (Cretcher, Grace) |
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| 5 | 5
service
Request for Issuance of Summons
Mon 01/08 11:15 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Pale Morning Credit, LLC, re:1 Complaint. Document filed by Eduardo Mendoza. (Cretcher, Grace) |
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| Friday, January 05, 2018 | ||
| 4 | 4
2
pgs
order
Order for Initial Pretrial Conference
Fri 01/05 11:54 AM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/2/2019 at 10:00 AM in Courtroom 15B at the United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 1/5/2018) (mro) |
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| Friday, December 29, 2017 | ||
| 3 | 3
misc
Civil Cover Sheet
Fri 12/29 12:03 PM
CIVIL COVER SHEET filed. (Cretcher, Grace) |
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| 2 | 2
misc
Civil Cover Sheet
Fri 12/29 11:00 AM
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Cretcher, Grace) Modified on 12/29/2017 (jgo) |
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misc
Notice to Attorney to Submit/File Civil Cover Sheet
Fri 12/29 10:02 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Grace Cathryn Cretcher. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
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misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Fri 12/29 11:57 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Grace Cathryn Cretcher to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Use only one Defendant Citizenship selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Fri 12/29 11:59 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Grace Cathryn Cretcher. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 150 (Contract: Recovery/Enforcement); Citizenship Defendant code 1 and 5; County code Albany. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 190 (Contract: Other); the Citizenship Defendant code has not been modified; the County code has been modified to XX Out of State. (jgo) |
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notice
Case Opening Initial Assignment Notice
Fri 12/29 12:08 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (jgo) |
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utility
Case Designation
Fri 12/29 12:09 PM
Magistrate Judge Stewart D. Aaron 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:[LINK:http://nysd.uscourts.gov/forms.php] . (jgo) |
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utility
Case Designated ECF
Fri 12/29 12:09 PM
Case Designated ECF. (jgo) |
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| Thursday, December 28, 2017 | ||
| 1 | 1
12
pgs
cmp
Complaint
Thu 12/28 6:49 PM
COMPLAINT against Tanir Helayel, Pale Morning Credit, LLC, Pale Morning Leasing, LLC, SQN Latina, S. de R.L. de C.V.. (Filing Fee $ 400.00, Receipt Number 0208-14522924)Document filed by Eduardo Mendoza.(Cretcher, Grace) |
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