AmeriCredit Financial Services, Inc. v. Braunstein et al (1:20-cv-02923), New York Southern District Court

AmeriCredit Financial Services, Inc. v. Braunstein et al

New York Southern District Court
Judge:	John P Cronan
Referred:	Sarah L Cave
Case #:	1:20-cv-02923
Nature of Suit	190 Contract - Other Contract
Cause	28:1332bc Diversity-Breach of Contract

Case Filed:	Apr 09, 2020
Terminated:	Nov 04, 2020

Docket
Parties (4)

Last checked: Tuesday Oct 06, 2020 6:18 AM EDT

Defendant Howard Braunstein 400 Old Sackett Road Rock Hill, NY 12775	Represented By Scott Howard Mandel Law Office Of Scott H. Mandel contact info
Defendant Martin Braunstein 6762 Milani Street Lake Worth, FL 33467	Represented By Scott Howard Mandel Law Office Of Scott H. Mandel contact info
Defendant M&M Auto Group, Inc. 127-131 Mill Street Liberty, NY 12754	Represented By Scott Howard Mandel Law Office Of Scott H. Mandel contact info
Plaintiff AmeriCredit Financial Services, Inc.	Represented By Robert John Brener Duane Morris LLC contact info

Docket last updated: 06/14/2024 11:59 PM EDT

Wednesday, November 04, 2020
28		28 order Stipulation and Order of Voluntary Dismissal Wed 11/04 6:09 PM STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE: The parties to this action, acting through counsel, and pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(ii) hereby stipulate, in consideration of a negotiated settlement executed by them, to the Dismissal with Prejudice of this action, including all claims and counterclaims, with each party to bear its own attorneys' fees and costs. In light of the fact that the parties here have filed "a stipulation of dismissal signed by all parties who have appeared," Fed. R. Civ. P. 41(a)(1)(A)(ii), the Clerk of Court is respectfully directed to close this case. Any pending motions are terminated and all scheduled deadlines and conferences are adjourned sine die. SO ORDERED. (Signed by Judge John P. Cronan on 11/4/2020) (ks) Related: [-]
27		27 1 pgs order Order 1 - Terminate Hearings Wed 11/04 3:50 PM AMENDED TELEPHONE CONFERENCE SCHEDULING ORDER: In light of the parties' filing of a Proposed Stipulation and Order for Dismissal with Prejudice (ECF No. 26), the Telephone Conference scheduled for today, November 4, 2020 at 2:00 pm (see ECF No. 22) is adjourned sine die. SO ORDERED. *Hearings Terminated* The following hearing(s) was terminated: Telephone Conference. (Signed by Magistrate Judge Sarah L Cave on 11/4/2020) (jca) Related: [-]
Tuesday, November 03, 2020
26		26 misc Proposed Stipulation and Order Tue 11/03 9:25 PM PROPOSED STIPULATION AND ORDER. Document filed by AmeriCredit Financial Services, Inc...(Brener, Robert) Related: [-]
Friday, October 30, 2020
25		25 1 pgs order Order on Motion for Extension of Time to File Fri 10/30 3:42 PM ORDER terminating as moot23 Letter Motion for Extension of Time to File. Defendants' Letter-Motion for an extension of time to file their answer (ECF No. 23) is TERMINATED as moot, because Defendants thereafter filed an answer (ECF No. 24). The parties shall file either a Stipulation of Dismissal for review and approval by The Honorable John P. Cronan or a Joint Status Letter by Tuesday, November 2, 2020. The Clerk of Court is respectfully directed to close ECF No. 23. SO-ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/30/20) (yv) Related: [-]
Thursday, October 29, 2020
24		24 answer Answer to Complaint Thu 10/29 7:13 PM ANSWER to1 Complaint,. Document filed by Howard Braunstein, Martin Braunstein, M&M Auto Group, Inc...(Mandel, Scott) Related: [-]
23		23 motion Extension of Time to File Document Thu 10/29 4:44 PM LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Sarah L. Cave from Scott H. Mandel dated October 29, 2020. Document filed by Howard Braunstein, Martin Braunstein, M&M Auto Group, Inc...(Mandel, Scott) Related: [-]
Monday, October 19, 2020
22		22 order Scheduling Order Mon 10/19 4:59 PM SCHEDULING ORDER: Defendants are directed to respond to the complaint by Thursday, October 29, 2020, and a Telephone Conference is scheduled for Wednesday, November 4, 2020 at 2:00 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. (Telephone Conference set for 11/4/2020 at 02:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 10/19/20) (yv) Related: [-]
		utility Set/Reset Deadlines Mon 10/19 5:00 PM Set/Reset Deadlines: All Defendants. (yv) Related: [-]
Tuesday, October 13, 2020
21		21 3 pgs order Order Wed 10/14 12:55 PM NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any currently scheduled conference or oral argument before this Court is adjourned pending further order of this Court, but any conference or oral argument before the Magistrate Judge will proceed as ordered. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan.Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter, described below, updating the Court on the status of the case. The joint letter shall not exceed five (5) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs: and further set forth in this Order. (Signed by Judge John P. Cronan on 10/13/2020) (rro) Related: [-]
Tuesday, September 29, 2020
		notice Notice of Case Assignment/Reassignment Wed 09/30 3:45 PM NOTICE OF CASE REASSIGNMENT to Judge John Peter Cronan. Judge J. Paul Oetken is no longer assigned to the case..(wb) Related: [-]
Friday, September 25, 2020
20		20 1 pgs order Order on Motion for Extension of Time to Answer Fri 09/25 11:21 AM ORDER granting19 Letter Motion for Extension of Time to Answer re1 Complaint,. Defendants' Letter-Motion (ECF No. 19) is GRANTED. Defendants are directed to respond to the complaint by Thursday, October 15, 2020. The Clerk of Court is respectfully directed to close ECF No. 19. SO-ORDERED. ( All Defendants.) (Signed by Magistrate Judge Sarah L Cave on 9/25/20) (yv) Related: [-]
Thursday, September 24, 2020
19		19 motion Extension of Time to File Answer Thu 09/24 10:49 AM FOURTH LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Sarah L. Cave from Scott H. Mandel dated September 24, 2020. Document filed by Howard Braunstein, Martin Braunstein, M&M Auto Group, Inc...(Mandel, Scott) Related: [-]
Thursday, September 10, 2020
18		18 1 pgs order Order on Motion for Extension of Time to Answer Thu 09/10 12:52 PM ORDER granting17 Letter Motion for Extension of Time to Answer re1 Complaint,. Defendants' Letter-Motion (ECF No. 17) is GRANTED. Defendants are directed to respond to the complaint by Friday, September 25, 2020. The Clerk of Court is respectfully directed to close ECF No. 17. SO-ORDERED. (All Defendants.) (Signed by Magistrate Judge Sarah L Cave on 8/26/20) (yv) Related: [-]
Wednesday, September 09, 2020
17		17 motion Extension of Time to File Answer Wed 09/09 5:52 PM THIRD LETTER MOTION for Extension of Time to File Answer re:1 Complaint, addressed to Magistrate Judge Sarah L. Cave from Scott H. Mandel dated September 9, 2020. Document filed by Howard Braunstein, Martin Braunstein, M&M Auto Group, Inc...(Mandel, Scott) Related: [-]
Wednesday, August 26, 2020
16		16 1 pgs order Order on Motion for Extension of Time to Answer Wed 08/26 4:43 PM ORDER granting15 Letter Motion for Extension of Time to Answer re1 Complaint,. Defendants' Letter-Motion (ECF No. 15) is GRANTED. Defendants are directed to respond to the complaint by Friday, September 11, 2020. The Clerk of Court is respectfully directed to close ECF No. 15. SO-ORDERED. (Howard Braunstein answer due 9/11/2020; Martin Braunstein answer due 9/11/2020; M&M Auto Group, Inc. answer due 9/11/2020.) (Signed by Magistrate Judge Sarah L Cave on 8/26/20) (yv) Related: [-]
Tuesday, August 25, 2020
15		15 motion Extension of Time to File Answer Tue 08/25 3:37 PM SECOND LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Sarah L. Cave from Scott H. Mandel dated August 25, 2020. Document filed by Howard Braunstein, Martin Braunstein, M&M Auto Group, Inc...(Mandel, Scott) Related: [-]
Tuesday, July 28, 2020
14		14 1 pgs order Order on Motion for Extension of Time to Answer Tue 07/28 2:26 PM ORDER granting13 Letter Motion for Extension of Time to Answer re1 Complaint,. This case having been referred to the undersigned to manage general pretrial matters (ECF No. 2), requests regarding such matters should be addressed accordingly. Defendants' Letter-Motion (ECF No. 13) is GRANTED. Defendants are directed to respond to the complaint by Thursday, August 27, 2020. The Clerk of Court is respectfully directed to close ECF No. 13. SO-ORDERED. (Howard Braunstein answer due 8/27/2020; Martin Braunstein answer due 8/27/2020; M&M Auto Group, Inc. answer due 8/27/2020.) (Signed by Magistrate Judge Sarah L Cave on 7/28/20) (yv) Related: [-]
Monday, July 27, 2020
13		13 motion Extension of Time to File Answer Mon 07/27 2:16 PM FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge J. Paul Oetken from Scott H. Mandel dated July 27, 2020. Document filed by Howard Braunstein, Martin Braunstein, M&M Auto Group, Inc...(Mandel, Scott) Related: [-]
Friday, July 17, 2020
12		12 service Summons Returned Executed Fri 07/17 1:24 PM SUMMONS RETURNED EXECUTED Summons and Complaint, served. Martin Braunstein served on 7/7/2020, answer due 7/28/2020. Service was accepted by Martin Braunstein, Defendant. Document filed by AmeriCredit Financial Services, Inc...(Brener, Robert) Related: [-]
11		11 service Summons Returned Executed Fri 07/17 1:12 PM SUMMONS RETURNED EXECUTED. M&M Auto Group, Inc. served on 7/7/2020, answer due 7/28/2020. Service was accepted by Collen Banahan, authorized person of the New York State Secretary of State. Document filed by AmeriCredit Financial Services, Inc...(Brener, Robert) Related: [-]
Thursday, July 09, 2020
10		10 4 pgs order Order on Motion for Extension of Time Thu 07/09 12:39 PM ORDER granting9 Letter Motion for Extension of Time. This case having been referred to the undersigned to manage general pretrial matters (ECF No. 2), requests regarding such matters should be addressed accordingly. Plaintiff's Letter-Motion (ECF No. 9) is GRANTED. Plaintiff is directed to serve Defendant Howard Braunstein by Monday, August 10, 2020. The Clerk of Court is respectfully directed to close ECF No. 9. SO-ORDERED. ( Service due by 8/10/2020.) (Signed by Magistrate Judge Sarah L Cave on 7/9/20) (yv) Related: [-]
Tuesday, July 07, 2020
9		9 motion Extension of Time Tue 07/07 11:42 PM LETTER MOTION for Extension of Time on behalf of Plaintiff addressed to Judge J. Paul Oetken from Robert J. Brener dated July 7, 2020. Document filed by AmeriCredit Financial Services, Inc.. Return Date set for 8/7/2020 at 09:30 AM..(Brener, Robert) Related: [-]
		Att: 1 Affidavit,
		Att: 2 Exhibit 1,
		Att: 3 Exhibit 2
Monday, July 06, 2020
8		8 service Summons Issued Mon 07/06 4:33 PM ELECTRONIC SUMMONS ISSUED as to Martin Braunstein..(jgo) Related: [-]
7		7 service Summons Issued Mon 07/06 4:32 PM ELECTRONIC SUMMONS ISSUED as to M&M Auto Group, Inc...(jgo) Related: [-]
6		6 service Summons Issued Mon 07/06 4:31 PM ELECTRONIC SUMMONS ISSUED as to Howard Braunstein..(jgo) Related: [-]
Thursday, July 02, 2020
5		5 service Request for Issuance of Summons Thu 07/02 1:34 PM REQUEST FOR ISSUANCE OF SUMMONS as to M & M Auto Group, Inc., re:1 Complaint,. Document filed by AmeriCredit Financial Services, Inc...(Brener, Robert) Related: [-]
4		4 service Request for Issuance of Summons Thu 07/02 1:31 PM REQUEST FOR ISSUANCE OF SUMMONS as to Martin Braunstein, re:1 Complaint,. Document filed by AmeriCredit Financial Services, Inc...(Brener, Robert) Related: [-]
3		3 service Request for Issuance of Summons Thu 07/02 1:28 PM REQUEST FOR ISSUANCE OF SUMMONS as to Howard Braunstein, re:1 Complaint,. Document filed by AmeriCredit Financial Services, Inc...(Brener, Robert) Related: [-]
Thursday, April 16, 2020
2		2 1 pgs order Order Referring Case to Magistrate Judge Thu 04/16 12:03 PM ORDER OF REFERENCE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah L Cave. (Signed by Judge J. Paul Oetken on 4/16/2020) (js) Related: [-]
Friday, April 10, 2020
		misc Notice to Attorney to Submit/File Civil Cover Sheet Fri 04/10 11:20 AM ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Robert John Brener. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Fri 04/10 11:20 AM ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert John Brener. The following case opening statistical information was erroneously selected/entered: Dollar Demand code $500,000,000; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the Fee Status code has been modified to pd (paid);. (jgo) Modified on 4/10/2020 (jgo) Related: [-]
		misc Notice to Attorney Regarding Party Modification Fri 04/10 11:21 AM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert John Brener. The party information for the following party/parties has been modified: AmeriCredit Financial Services, Inc. Dba GM Financial. The information for the party/parties has been modified for the following reason/reasons: alias was entered incorrectly. (jgo) Related: [-]
		notice Case Opening Initial Assignment Notice Fri 04/10 11:25 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) Related: [-]
		utility Case Designation Fri 04/10 11:26 AM Magistrate Judge Sarah L. Cave 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:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) Related: [-]
		utility Case Designated ECF Fri 04/10 11:27 AM Case Designated ECF. (jgo) Related: [-]
Thursday, April 09, 2020
1		1 cmp Complaint Thu 04/09 11:52 AM COMPLAINT against Howard Braunstein, Martin Braunstein, M&M Auto Group, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-19388860)Document filed by AmeriCredit Financial Services, Inc. Dba GM Financial..(Brener, Robert) Related: [-]
		Att: 1 Exhibit master loan agreement,
		Att: 2 Exhibit guarantys,
		Att: 3 Errata recap. agreement - part 1,
		Att: 4 Exhibit recap. agreement - part 2,
		Att: 5 Exhibit aug. 2019 letter,
		Att: 6 Exhibit cash collateral order

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