AMERICREDIT FINANCIAL SERVICES INC. v. DEMAIO HOLDING INC, et al. (2:19-cv-19274), New Jersey District Court

AMERICREDIT FINANCIAL SERVICES INC. v. DEMAIO HOLDING INC, et al.

New Jersey District Court
Judge:	Claire C Cecchi
Referred:	Edward S Kiel
Case #:	2:19-cv-19274
Nature of Suit	190 Contract - Other Contract
Cause	28:1332 Diversity-Contract Dispute

Case Filed:	Oct 24, 2019
Re-opened:	Jun 29, 2021
Terminated:	Jun 29, 2021

Docket
Parties (3)

Last checked: Tuesday Apr 21, 2020 4:47 AM EDT

Defendant DEMAIO HOLDINGS INCORPORATED 1247 State Route 10 Cedar Knolls, NJ 07927	Represented By DAVID W. PHILLIPS Sills Cummis & Gross P.C. contact info
Defendant CARMINE A. DEMAIO, III	Represented By DAVID W. PHILLIPS Sills Cummis & Gross P.C. contact info
Plaintiff AMERICREDIT FINANCIAL SERVICES INC.	Represented By ROBERT J. BRENER Duane Morris LLP contact info

Docket last updated: 2 hours ago

Friday, February 18, 2022
45		45 1 pgs order Judgment Fri 02/18 4:52 PM JUDGMENT in favor of AMERICREDIT FINANCIAL SERVICES INC. against DEMAIO HOLDINGS INCORPORATED, CARMINE A. DEMAIO, III. Signed by Judge Claire C. Cecchi on 2/18/2022. (jd) Related: [-]
Friday, February 11, 2022
44		44 misc Letter Fri 02/11 6:40 PM Letter re43 Stipulation and Order, Judgment.(BRENER, ROBERT) Related: [-]
		Att: 1 1 pgs Text of Proposed Order Judgment
Tuesday, February 08, 2022
43		43 2 pgs order Stipulation and Order Judgment Tue 02/08 5:51 PM STIPULATION AND ORDER OF JUDGMENT in favor of GMF against and against Defendants, jointly and severally. etc. Signed by Judge Claire C. Cecchi on 2/8/2022. (jd) Related: [-]
Monday, February 07, 2022
42		42 1 pgs misc Stipulation Mon 02/07 9:58 PM STIPULATION by AMERICREDIT FINANCIAL SERVICES INC..(BRENER, ROBERT) Related: [-]
		Att: 1 2 pgs Text of Proposed Order
Tuesday, June 29, 2021
41		41 1 pgs order Order of Dismissal Tue 06/29 12:07 PM ORDER OF DISMISSAL with Prejudice, and without costs. Signed by Judge Claire C. Cecchi on 6/29/2021. (ams, ) Related: [-]
Tuesday, April 13, 2021
40		40 1 pgs order Order 60-Day Administrative Termination Tue 04/13 4:31 PM Order Administratively Terminating Action - 60 Day, Pending Consummation of Settlement. Administrative Termination deadline set for 6/14/2021. Signed by Judge Claire C. Cecchi on 4/13/2021. (ams, ) Related: [-]
		minutes Status Conference Tue 04/13 8:28 PM Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 4/13/2021. (Court Reporter/Recorder None.) (as, ) Related: [-]
Thursday, March 18, 2021
39		39 order 1 - Terminate Hearings Order ~Util - Set Hearings Thu 03/18 9:19 AM TEXT ORDER: The telephonic settlement conference set for March 18, 2021 is rescheduled to April 13, 2021 at 2:30 p.m. before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. Trial counsel as well as persons with full settlement authority must attend the settlement conference. Each party shall submit, by email to ESK_orders@njd.uscourts.gov, a confidential settlement memorandum of no more than ten double spaced pages no later than five business days before the conference. So Ordered by Magistrate Judge Edward S. Kiel on 3/18/2021. (as, ) Related: [-]
Wednesday, March 17, 2021
38		38 1 pgs misc Letter Wed 03/17 11:54 AM Letter from David W. Phillips, Esq. (PHILLIPS, DAVID) Related: [-]
Tuesday, January 26, 2021
37		37 order Order ~Util - Set Hearings Tue 01/26 9:49 AM TEXT ORDER: A telephonic settlement conference is set for March 18, 2021 at 10:00 a.m. before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. Trial counsel as well as persons with full settlement authority must attend the settlement conference. Each party shall submit, by email to ESK_orders@njd.uscourts.gov, a confidential settlement memorandum of no more than ten double spaced pages no later than five business days before the conference. Defendant is granted leave to take the deposition of plaintiff's expert by February 26, 2021. So Ordered by Magistrate Judge Edward S. Kiel on 1/26/2021. (as, ) Related: [-]
Monday, January 25, 2021
		minutes Status Conference Tue 01/26 9:42 AM Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 1/25/2021. (Court Reporter/Recorder None.) (as, ) Related: [-]
Wednesday, January 20, 2021
36		36 2 pgs misc Letter Wed 01/20 11:37 AM Letter from David W. Phillips, Esq. (PHILLIPS, DAVID) Related: [-]
Monday, January 11, 2021
35		35 3 pgs order Stipulation and Order Mon 01/11 2:25 PM STIPULATION AND ORDER re Liability. Signed by Judge Claire C. Cecchi on 1/11/2021. (ams, ) Related: [-]
Friday, January 08, 2021
34		34 1 pgs misc Letter Fri 01/08 1:11 PM Letter from Plaintiff with proposed order regarding liability.(BRENER, ROBERT) Related: [-]
		Att: 1 Text of Proposed Order
Wednesday, January 06, 2021
33		33 1 pgs misc Proposed Order Wed 01/06 6:54 PM Proposed Order on Liability by AMERICREDIT FINANCIAL SERVICES INC. re32 Letter. (BRENER, ROBERT) Related: [-]
32		32 misc Letter Wed 01/06 6:50 PM Letter from Plaintiff regarding stipulation and order on liability.(BRENER, ROBERT) Related: [-]
		Att: 1 Text of Proposed Order
Monday, October 26, 2020
31		31 order Scheduling Order Mon 10/26 3:17 PM ORDER scheduling Telephone Status Conference for 1/25/2021 at 02:00 PM before Magistrate Judge Edward S. Kiel. Fact discovery is extended through 12/31/2020. Signed by Magistrate Judge Edward S. Kiel on 10/26/2020. (ams, ) Related: [-]
		minutes Status Conference Mon 10/26 4:53 PM Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 10/26/2020. (Court Reporter/Recorder None.) (as, ) Related: [-]
Monday, August 10, 2020
30		30 order Scheduling Order Mon 08/10 4:39 PM ORDER that a Telephone Status Conference is scheduled for 10/26/2020 at 11:30 AM before Magistrate Judge Edward S. Kiel. Fact discovery is extended through 10/30/2020, etc. Signed by Magistrate Judge Edward S. Kiel on 8/10/2020. (ams, ) Related: [-]
29		29 misc Letter Mon 08/10 2:01 PM Letter from David W. Phillips, Esq. (PHILLIPS, DAVID) Related: [-]
		minutes Status Conference Tue 08/11 11:59 AM Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 8/10/2020. (Court Reporter/Recorder None.) (as, ) Related: [-]
Monday, May 11, 2020
28		28 order Scheduling Order Mon 05/11 4:52 PM AMENDED SCHEDULING ORDER: Telephone Status Conference set for 8/10/2020 at 09:30 AM before Magistrate Judge Edward S. Kiel. Fact discovery is extended through 7/17/2020, etc. Signed by Magistrate Judge Edward S. Kiel on 5/11/2020. (ams, ) Related: [-]
		minutes Telephone Conference Tue 05/12 7:11 AM Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 5/11/2020. (Court Reporter/Recorder None.) (as, ) Related: [-]
Thursday, May 07, 2020
27		27 order Order Thu 05/07 10:48 AM TEXT ORDER: The parties are directed to Judge Kiel's procedures for civil case conferences (https://www.njd.uscourts.gov/sites/njd/files/JudgeKielCOVIDProcedures.pdf) until further notice. So Ordered by Magistrate Judge Edward S. Kiel on 5/7/2020. (as, ) Related: [-]
Thursday, April 23, 2020
26		26 respm Reply Brief to Opposition to Motion Thu 04/23 10:25 PM REPLY BRIEF to Opposition to Motion filed by AMERICREDIT FINANCIAL SERVICES INC. re24 Ex Parte MOTION for Writ of Attachment and restraints ,23 MOTION to Vacate22 Order to Show Cause, (BRENER, ROBERT) Related: [-]
		Att: 1 3 pgs Declaration of H. Ravitz,
		Att: 2 3 pgs Declaration of D Blankenship,
		Att: 3 Declaration of R. Brener
25		25 1 pgs misc Bond Thu 04/23 4:20 PM Surety BOND in the amount of $ 200,000 posted by AMERICREDIT FINANCIAL SERVICES INC. (ams, ) Related: [-]
		Att: 1 Power of Attorney,
		Att: 2 Cover Letter,
		Att: 3 Envelope
24		24 5 pgs motion Writ Thu 04/23 2:43 PM Ex Parte MOTION for Writ of Attachment and restraints by AMERICREDIT FINANCIAL SERVICES INC..(BRENER, ROBERT) Related: [-]
		Att: 1 Declaration H. Ravitz,
		Att: 2 Exhibit Ravitz Exh. A,
		Att: 3 1 pgs Exhibit Ravitz Exh. B,
		Att: 4 Exhibit Ravitz Exh. C,
		Att: 5 Exhibit Ravitz Exh. D,
		Att: 6 Declaration R. Brener,
		Att: 7 Exhibit Brener Exh. A,
		Att: 8 18 pgs Exhibit Brener Exh. B,
		Att: 9 Exhibit Brener Exh. C,
		Att: 10 Exhibit Brener Exh. D,
		Att: 11 38 pgs Brief
		utility Set/Reset Motion and R&R Deadlines/Hearings Thu 04/23 2:28 PM Set Deadlines as to23 MOTION to Vacate22 Order to Show Cause, . Motion set for 5/18/2020 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (lag, ) Related: [-]
		utility Set/Reset Motion and R&R Deadlines/Hearings Thu 04/23 3:40 PM Set Deadlines as to24 Ex Parte MOTION for Writ of Attachment and restraints . Motion set for 5/18/2020 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (lag, ) Related: [-]
Tuesday, April 21, 2020
23		23 2 pgs motion Vacate Tue 04/21 6:44 PM MOTION to Vacate22 Order to Show Cause, by CARMINE A. DEMAIO, III.(PHILLIPS, DAVID) Related: [-]
		Att: 1 27 pgs Brief In support of motion,
		Att: 2 161 pgs Certification David W. Phillips,
		Att: 3 6 pgs Certification Carmine Demaio,
		Att: 4 Text of Proposed Order Proposed Order
Wednesday, April 15, 2020
22		22 4 pgs order Order to Show Cause Wed 04/15 2:22 PM ORDER TO SHOW CAUSE to Enjoin with Temporary Restraints and for Issuance of a Writ of Attachment, etc.; Opposition to the Order to Show Cause shall be filed and served by 4/21/2020; Reply to the Opposition shall be filed and served by 4/23/2020. Signed by Judge Claire C. Cecchi on 4/15/2020. (ams, ) Related: [-]
Monday, March 23, 2020
21		21 order Order ~Util - Set Hearings Mon 03/23 3:21 PM TEXT ORDER: A telephone status conference is set for 5/11/2020 at 1:30 p.m. before Magistrate Judge Edward S. Kiel. Please mark your calendars accordingly. The parties shall file a joint letter, at least three days before the conference, advising of the status of discovery and any other issues to be addressed. The Court's Case Management Order can be found at https://www.njd.uscourts.gov/sites/njd/files/CaseManagementOrder.pdf. So Ordered by Magistrate Judge Edward S. Kiel on 3/23/2020. (as, ) Related: [-]
		minutes Telephone Conference Tue 03/31 12:13 PM Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Conference held on 3/23/2020. (Court Reporter/Recorder None.) (as, ) Related: [-]
Tuesday, February 25, 2020
20		20 order 1 - Terminate Hearings Order ~Util - Set Hearings Tue 02/25 10:00 AM TEXT ORDER: The status conference set for 3/16/2020 is rescheduled and converted to a telephone status conference on 3/23/2020 at 1:30 PM before Magistrate Judge Edward S. Kiel. The teleconference shall be initiated by the plaintiff such that the plaintiff will arrange for all parties to be on one line before calling into Chambers. The parties shall file a joint letter, at least three days before the conference, advising of the status of discovery and any other issues to be addressed. The Court's Case Management Order can be found at https://www.njd.uscourts.gov/sites/njd/files/CaseManagementOrder.pdf. So Ordered by Magistrate Judge Edward S. Kiel on 2/25/2020. (as, ) Related: [-]
Friday, February 21, 2020
19		19 misc Letter Fri 02/21 2:29 PM Letter from David W. Phillips, Esq. (PHILLIPS, DAVID) Related: [-]
Friday, December 20, 2019
18		18 2 pgs order Scheduling Order Fri 12/20 2:15 PM PRETRIAL SCHEDULING ORDER: Status Conference set for 3/16/2020 at 10:00 AM in Newark -Courtroom 8 before Magistrate Judge Edward S. Kiel. Fact Discovery is to remain open through 4/30/2020, etc. Signed by Magistrate Judge Edward S. Kiel on 12/19/2019. (ams, ) Related: [-]
Thursday, December 19, 2019
		minutes Scheduling Conference Mon 12/23 8:51 AM Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel. Scheduling Conference held on 12/19/2019. (Court Reporter/Recorder None.) (as, ) Related: [-]
Monday, December 02, 2019
17		17 10 pgs answer Answer to Complaint Mon 12/02 5:08 PM ANSWER to Complaint by CARMINE A. DEMAIO, III, DEMAIO HOLDINGS INCORPORATED.(PHILLIPS, DAVID) Related: [-]
Wednesday, November 13, 2019
		utility Update Answer Due Deadline Wed 11/13 9:29 AM Clerk's Text Order - The document16 Application for Clerk's Order to Ext Answer/Proposed Order submitted by CARMINE A. DEMAIO, III, DEMAIO HOLDINGS INCORPORATED has been GRANTED. The answer due date has been set for 12/2/2019. (dam, ) Related: [-]
Tuesday, November 12, 2019
16		16 misc Application for Clerk Order to Ext Answer/Proposed Order Tue 11/12 5:45 PM Application and Proposed Order for Clerk's Order to extend time to answer as to Defendants DeMaio Holdings Inc. and Carmine DeMaio III's time to answer, move, or otherwise respond to Plaintiffs Complaint.. (PHILLIPS, DAVID) Related: [-]
Wednesday, November 06, 2019
15		15 4 pgs order Order ~Util - Set Hearings Wed 11/06 10:12 AM LETTER ORDER: An in-person initial scheduling conference shall be held on 12/19/2019 at 10:00 AM in Newark - Courtroom 8 of the U.S. Post Office and Courthouse before Magistrate Judge Edward S. Kiel. The parties shall submit a proposed Joint Discovery Plan as a Word document, to ESK_Orders@njd.uscourts.gov no later than three business days before the scheduled initial conference. The Courts form Joint Discovery Plan may be found at www.njd.uscourts.gov/content/edward-s-kiel. Signed by Magistrate Judge Edward S. Kiel on 11/6/2019. (as, ) Related: [-]
Tuesday, November 05, 2019
14		14 1 pgs order Order Wed 11/06 9:52 AM ORDER granting13 GMF's Letter request to withdraw the pending Order to Show Cause, and that GMF seeks a Rule 16 conference at the Court's earliest convenience. Signed by Judge Claire C. Cecchi on 11/5/19. (lag, ) Related: [-]
13		13 1 pgs misc Letter Tue 11/05 11:20 AM Letter from AmeriCredit Financial Services Inc. re9 Order,. (BRENER, ROBERT) Related: [-]
Friday, November 01, 2019
12		12 1 pgs notice Notice of Appearance Fri 11/01 6:02 PM NOTICE of Appearance by DAVID W. PHILLIPS on behalf of CARMINE A. DEMAIO, III, DEMAIO HOLDINGS INCORPORATED (PHILLIPS, DAVID) Related: [-]
11		11 misc Letter Fri 11/01 5:53 PM Letter. (PHILLIPS, DAVID) Related: [-]
Tuesday, October 29, 2019
10		10 order Order Reassigning Case Tue 10/29 1:23 PM TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Claire C. Cecchi and Magistrate Judge Edward S. Kiel for all further proceedings. Judge John Michael Vazquez, Magistrate Judge Joseph A. Dickson no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 10/29/19. (ak, ) Related: [-]
Friday, October 25, 2019
9		9 4 pgs order Order Fri 10/25 6:06 PM ORDER granting in part the application for TRO. Any opposition to the Order to Show Cause shall be filed and served by 11/1/19, any reply is due on or before 11/6/19, and this matter is returnable before the undersigned on 11/8/19 at 3:30 p.m. Signed by Judge John Michael Vazquez on 10/25/19. (ro, ) Related: [-]
8		8 4 pgs misc Declaration Fri 10/25 4:41 PM DECLARATION of Robert J. Brener re2 Application/Petition by AMERICREDIT FINANCIAL SERVICES INC.. (BRENER, ROBERT) Related: [-]
7		7 6 pgs misc Declaration Fri 10/25 3:05 PM DECLARATION of Howie Ravitz re2 Application/Petition by AMERICREDIT FINANCIAL SERVICES INC..(BRENER, ROBERT) Related: [-]
		Att: 1 4 pgs Exhibit,
		Att: 2 1 pgs Exhibit,
		Att: 3 3 pgs Exhibit,
		Att: 4 8 pgs Exhibit,
		Att: 5 5 pgs Exhibit
Thursday, October 24, 2019
6		6 1 pgs order Order Fri 10/25 11:47 AM ORDER, that Plaintiff's application for Temporary Restraining Order is DENIED without prejudice and it is further Ordered that after Defendants are served in this matter the Court will set a schedule for Plaintiff's request for a preliminary injunction. Signed by Judge John Michael Vazquez on 10/24/2019. (JB, ) Related: [-]
5		5 1 pgs minutes Status Conference Thu 10/24 8:55 PM Minute Entry for proceedings held before Judge John Michael Vazquez: Status Conference held on 10/24/2019. (Court Reporter/Recorder Lisa A. Larsen.) (ro, ) Related: [-]
4		4 service Summons Issued Thu 10/24 2:21 PM SUMMONS ISSUED as to CARMINE A. DEMAIO, III, DEMAIO HOLDINGS INCORPORATED. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (dam, ) Related: [-]
3		3 order Order Thu 10/24 2:14 PM TEXT ORDER: Scheduling a telephone conference for today, October 24, 2019 at 5:00 p.m. regarding the pending application for TRO. Counsel shall initiate the call and provide dial-in information if applicable. So Ordered by Judge John Michael Vazquez on 10/24/19. (ro, ) Related: [-]
2		2 4 pgs misc Application/Petition Thu 10/24 7:34 AM APPLICATION/PETITION for Injunctive Relief for by AMERICREDIT FINANCIAL SERVICES INC. d/b/a GM FINANCIAL.(BRENER, ROBERT) Related: [-]
		Att: 1 3 pgs Declaration,
		Att: 2 18 pgs Brief
1		1 16 pgs cmp Complaint Thu 10/24 7:27 AM COMPLAINT against CARMINE A DEMAIO, DEMAIO HOLDINGS INCORPORATED ( Filing and Admin fee $ 400 receipt number 0312-10056679), filed by AMERICREDIT FINANCIAL SERVICES INC.(BRENER, ROBERT) Modified on 10/24/2019 (dam, ). Related: [-]
		Att: 1 Exhibit Master Loan Agreement,
		Att: 2 4 pgs Exhibit Term Note,
		Att: 3 Exhibit UCC Financing Statement,
		Att: 4 6 pgs Exhibit Guaranty,
		Att: 5 Exhibit Notice of Demand,
		Att: 6 8 pgs Exhibit List of Unpaid/Missing Vehicles
		utility Add and Terminate Judges Thu 10/24 10:39 AM Judge John Michael Vazquez and Magistrate Judge Joseph A. Dickson added. (ps, ) Related: [-]

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