Trammo, Inc. v. Smothermon
| New York Southern District Court | |
| Judge: | Edgardo Ramos |
| Case #: | 1:22-cv-04446 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332fr Diversity-Fraud |
| Case Filed: | May 30, 2022 |
| Last checked: Saturday Nov 26, 2022 3:51 AM EST |
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Defendant
David Smothermon
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Represented By
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Plaintiff
Trammo, Inc.
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Represented By
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| Docket last updated: 45 minutes ago |
| Wednesday, December 04, 2024 | ||
| 38 | 38
1
pgs
order
Order Staying Case
Thu 12/05 9:11 AM
ORDER: The allegations against David Smothermon in this case are related to facts alleged in a criminal case against Smothermon that is currently pending before Judge Hellerstein, United States v. Smothermon, No. 19-cr-00382 (AKH). This case is hereby stayed pending the resolution of the criminal case. The parties are directed to notify the Court after the resolution of the criminal case. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 12/4/2024) (tg) |
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| Tuesday, December 03, 2024 | ||
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minutes
Status Conference
Fri 12/06 5:31 PM
Minute Entry for proceedings held before Judge Edgardo Ramos: Status Conference held on 12/3/2024. Plaintiff's and Defendant's counsel present. For the reasons stated on the record, the case is stayed pending the resolution of the criminal case, 19-cr-382-AKH. (jar) |
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| Monday, November 25, 2024 | ||
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utility
Set/Reset Hearings
Mon 11/25 3:28 PM
RESCHEDULING NOTICE: The telephonic status conference presently scheduled for December 3, 2024, at 4:00 p.m. is rescheduled for 3:00 p.m. on December 3, 2024 . Please note that the conference call dial-in formation has since changed, and the parties are instructed to call (855) 244-8681 and enter access code 2301 087 7354# when prompted . (jar) |
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| Thursday, October 17, 2024 | ||
| 37 | 37
order
Order on Motion to Adjourn Conference
Thu 10/17 1:45 PM
ORDER granting36 Letter Motion to Adjourn Conference. The telephonic status conference is adjourned to December 3, 2024, at 04:00 p.m. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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| Wednesday, October 16, 2024 | ||
| 36 | 36
motion
Adjourn Conference
Wed 10/16 10:37 PM
LETTER MOTION to Adjourn Conference scheduled for October 18, 2024 addressed to Judge Edgardo Ramos from Daniel J. O'Neill dated Oct. 16, 2024. Document filed by David Smothermon..(O'Neill, Daniel) |
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| Tuesday, June 04, 2024 | ||
| 35 | 35
order
Order on Motion to Adjourn Conference
Tue 06/04 3:28 PM
ORDER granting34 Letter Motion to Adjourn Conference. The June 6, 2024 telephonic status conference is adjourned to October 18, 2024, at 11:00 a.m. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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| Monday, June 03, 2024 | ||
| 34 | 34
motion
Adjourn Conference
Mon 06/03 12:35 PM
LETTER MOTION to Adjourn Conference scheduled for June 6, 2024 addressed to Judge Edgardo Ramos from Daniel J. O'Neill dated June 3, 2024. Document filed by David Smothermon..(O'Neill, Daniel) |
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utility
Set/Reset Hearings
Mon 06/03 10:50 AM
RESCHEDULING NOTICE: The telephonic status conference previously scheduled for June 6, 2024, at 11:30 a.m. is rescheduled for 12:00 p.m. on June 6 . The parties are reminded to call (877) 411-9748 and enter access code 3029857# when prompted. (jar) |
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| Wednesday, April 10, 2024 | ||
| 33 | 33
order
Order on Motion to Adjourn Conference
Wed 04/10 11:09 AM
ORDER granting32 Letter Motion to Adjourn Conference. The April 10 status conference is adjourned to June 6, 2024, at 11:30 AM. The parties are reminded to dial 877-411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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| Sunday, April 07, 2024 | ||
| 32 | 32
motion
Adjourn Conference
Sun 04/07 4:14 PM
LETTER MOTION to Adjourn Conference scheduled for April 10, 2024 addressed to Judge Edgardo Ramos from Daniel J. O'Neill dated April 7, 2024. Document filed by David Smothermon..(O'Neill, Daniel) |
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| Wednesday, February 14, 2024 | ||
| 31 | 31
order
Order on Motion to Adjourn Conference
Wed 02/14 4:04 PM
ORDER granting30 Letter Motion to Adjourn Conference. The telephonic status conference is adjourned to April 10, 2024, at 10:30 AM. The parties are reminded to dial 877-411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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| Monday, February 12, 2024 | ||
| 30 | 30
motion
Adjourn Conference
Mon 02/12 9:46 PM
LETTER MOTION to Adjourn Conference scheduled for February 15, 2024 addressed to Judge Edgardo Ramos from Daniel J. O'Neill dated February 12, 2024. Document filed by David Smothermon..(O'Neill, Daniel) |
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| Monday, December 11, 2023 | ||
| 29 | 29
order
Order on Motion to Adjourn Conference
Mon 12/11 3:51 PM
ORDER granting28 Letter Motion to Adjourn Conference. The telephonic status conference is adjourned to February 15, 2024, at 10:30 AM. The parties are reminded to dial 877-411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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| Sunday, December 10, 2023 | ||
| 28 | 28
motion
Adjourn Conference
Sun 12/10 10:27 AM
JOINT LETTER MOTION to Adjourn Conference scheduled for December 12, 2023 addressed to Judge Edgardo Ramos from Daniel J. O'Neill dated Dec. 10, 2023. Document filed by David Smothermon..(O'Neill, Daniel) |
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| Wednesday, November 29, 2023 | ||
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utility
Set/Reset Hearings
Wed 11/29 11:07 AM
RESCHEDULING NOTICE: The telephone conference previously scheduled for December 8, 2023, is hereby rescheduled for December 12, 2023, at 11:00 AM. The parties are reminded to dial 877-411-9748 and enter access code 3029857# when prompted. (jar) |
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| Wednesday, November 01, 2023 | ||
| 27 | 27
order
Order on Motion to Adjourn Conference
Wed 11/01 10:20 AM
ORDER granting26 Letter Motion to Adjourn Conference. The telephonic status conference is adjourned to December 8, 2023 at 11:00 AM. The parties are reminded to dial 877-411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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| Monday, October 30, 2023 | ||
| 26 | 26
motion
Adjourn Conference
Mon 10/30 3:13 PM
JOINT LETTER MOTION to Adjourn Conference scheduled for Nov. 3, 2023 addressed to Judge Edgardo Ramos from Daniel J. O'Neill dated October 30, 2023. Document filed by David Smothermon..(O'Neill, Daniel) |
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| Monday, September 11, 2023 | ||
| 25 | 25
order
Order on Motion to Adjourn Conference
Mon 09/11 4:46 PM
ORDER: granting24 Letter Motion to Adjourn Conference. The conference is adjourned to November 3, 2023 at 11 a.m. The parties are reminded to dial 877-411-9748 and enter access code 3029857# when prompted. SO ORDERED. Telephonic Status Conference set for 11/3/2023 at 11:00 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 9/11/2023) (ama) |
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| Friday, September 08, 2023 | ||
| 24 | 24
motion
Adjourn Conference
Fri 09/08 7:49 PM
JOINT LETTER MOTION to Adjourn Conference scheduled for Sept. 13, 2023 addressed to Judge Edgardo Ramos from Daniel J. O'Neill dated Sept. 8, 2023. Document filed by David Smothermon..(O'Neill, Daniel) |
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| Friday, June 02, 2023 | ||
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order
Order on Motion for Conference
Fri 06/02 2:53 PM
ORDER granting22 Letter Motion for Conference re:22 JOINT LETTER MOTION for Conference re:19 Order Staying Case. A status conference will be held on September 13, 2023 at 10:00 AM by telephone. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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| Wednesday, May 31, 2023 | ||
| 22 | 22
motion
Conference
Wed 05/31 2:30 PM
JOINT LETTER MOTION for Conference re:19 Order Staying Case,, Status Report, and Request to Extend Stay addressed to Judge Edgardo Ramos from Jessica Masella dated May 31, 2023. Document filed by Trammo, Inc...(Masella, Jessica) |
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| Thursday, November 03, 2022 | ||
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order
Order on Motion to Appear Pro Hac Vice
Thu 11/03 10:24 AM
ORDER granting15 Motion for Lloyd E. Kelley to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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order
Order on Motion to Appear Pro Hac Vice
Thu 11/03 10:28 AM
ORDER granting18 Motion for Terry W. Yates to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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| Wednesday, September 21, 2022 | ||
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misc
Notice Regarding Pro Hac Vice Motion
Wed 09/21 10:20 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Terry W. Yates to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26706788. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
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| Tuesday, September 20, 2022 | ||
| 19 | 19
1
pgs
order
Order Staying Case
Tue 09/20 5:40 PM
ORDER: Trammo, Inc. filed the Complaint on May 30, 2022. Doc. 1. David Smothermon requested a pre-motion conference for his anticipated motion to dismiss the Complaint on September 2, 2022. Doc. 13. The Court held the pre-motion conference on September 20, 2022. For the reasons set forth on the record, the matter is stayed. The parties are directed to submit a joint status report within 48 hours of the Supreme Court's decision in Ciminelli v. United States, No. 21-1170 SO ORDERED. (Signed by Judge Edgardo Ramos on 9/20/2022) (ama) |
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| 18 | 18
motion
Appear Pro Hac Vice
Tue 09/20 2:59 PM
MOTION for Terry W. Yates to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26706788. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Smothermon..(Yates, Terry) |
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Att: 1
Affidavit of Terry W. Yates,
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Att: 2
Exhibit Certificate of Good Standing,
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Att: 3
Text of Proposed Order Proposed Order
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utility
Set/Reset Hearings
Tue 09/20 12:34 PM
RESCHEDULING NOTICE: The telephonic pre-motion conference scheduled for September 20, 2022 at 4 p.m. is rescheduled for 4:30 p.m. September 20. The parties are reminded to call (877) 411-9748 and enter access code 3029857# when prompted. (jar) |
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utility
Case Stayed
Tue 09/20 5:41 PM
Case Stayed (ama) |
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minutes
Pre-Motion Conference
Tue 09/20 5:50 PM
Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 9/20/2022 by telephone. For the reasons stated on the record, the case is stayed. (jar) |
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| Thursday, September 15, 2022 | ||
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misc
Docket Annotation
Thu 09/15 10:57 AM
DOCKET ANNOTATION: Scheduling Notice - The telephonic pre-motion conference is scheduled for September 20, 2022 at 4:00 p.m. The parties are reminded to call (877) 411-9748 and enter access code 3029857# when prompted (jar) |
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| Tuesday, September 13, 2022 | ||
| 17 | 17
respm
Response in Opposition to Motion
Tue 09/13 7:59 PM
LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Jessica A. Masella dated 9/13/2022 re:13 LETTER MOTION for Conference re:1 Complaint addressed to Judge Edgardo Ramos from Terry Yates dated 09/02/2022. . Document filed by Trammo, Inc...(Masella, Jessica) |
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Att: 1
Exhibit A - Criminal Complaint,
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Att: 2
Exhibit B - Indictment,
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Att: 3
Exhibit C - CFTC Complaint
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| Thursday, September 08, 2022 | ||
| 16 | 16
notice
Notice of Appearance
Thu 09/08 2:21 PM
NOTICE OF APPEARANCE by Daniel Jonathan O'Neill on behalf of David Smothermon..(O'Neill, Daniel) |
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| Wednesday, September 07, 2022 | ||
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misc
Notice Regarding Pro Hac Vice Motion
Wed 09/07 10:41 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 15 MOTION for Lloyd E. Kelley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
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| Tuesday, September 06, 2022 | ||
| 15 | 15
motion
Appear Pro Hac Vice
Tue 09/06 4:57 PM
MOTION for Lloyd E. Kelley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Smothermon..(Kelley, Lloyd) |
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Att: 1
Affidavit of Lloyd E. Kelley,
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Att: 2
Exhibit Certificate of Good Standing,
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Att: 3
Exhibit Certificate of Good Standing,
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Att: 4
Text of Proposed Order Proposed Order
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misc
Notice Regarding Deficient Motion to Appear Pro Hac Vice
Tue 09/06 4:22 PM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 12 AMENDED MOTION for Lloyd E. Kelley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) |
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order
Order on Motion for Conference
Tue 09/06 4:48 PM
ORDER granting13 Letter Motion for Conference. A pre-motion conference will be held on August 20, 2022 at 4:00 p.m by telephone. Plaintiff is directed to submit a response not longer than 3 pages by September 13, 2022. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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| Friday, September 02, 2022 | ||
| 13 | 13
motion
Conference
Fri 09/02 10:57 AM
LETTER MOTION for Conference re:1 Complaint addressed to Judge Edgardo Ramos from Terry Yates dated 09/02/2022. Document filed by David Smothermon..(Kelley, Lloyd) |
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| 12 | 12
motion
Appear Pro Hac Vice
Fri 09/02 10:20 AM
AMENDED MOTION for Lloyd E. Kelley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Smothermon..(Kelley, Lloyd) |
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Att: 1
Affidavit of Lloyd E. Kelley,
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Att: 2
Exhibit Certificate of Good Standing,
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Att: 3
Exhibit Certificate of Good Standing,
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Att: 4
Text of Proposed Order Proposed Order
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| Thursday, September 01, 2022 | ||
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misc
Notice Regarding Deficient Motion to Appear Pro Hac Vice
Thu 09/01 9:14 AM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 11 MOTION for Lloyd E. Kelley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26618885. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas; Affidavit Not Notarized;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) |
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| Wednesday, August 31, 2022 | ||
| 11 | 11
motion
Appear Pro Hac Vice
Wed 08/31 12:57 PM
MOTION for Lloyd E. Kelley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26618885. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Smothermon..(Kelley, Lloyd) |
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Att: 1
Affidavit of Lloyd E. Kelley,
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Att: 2
Exhibit Certificate of Good Standing,
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Att: 3
Exhibit Certificate of Good Standing,
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Att: 4
Text of Proposed Order Proposed Order
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| Wednesday, August 24, 2022 | ||
| 10 | 10
1
pgs
order
Order on Motion to Dismiss Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion to Transfer Case Order on Motion for More Definite Statement
Wed 08/24 12:37 PM
ORDER: dismissing without prejudice8 Motion to Dismiss; dismissing without prejudice8 Motion to Dismiss for Lack of Jurisdiction; dismissing without prejudice8 Motion to Transfer Case; dismissing without prejudice8 Motion for More Definite Statement. On May 30, 2022, Trammo, Inc. filed the instant action against David Smothermon. Doc 1. On August 23, 2022, Smothermon filed a motion to dismiss the complaint. Doc. 8. The Court dismisses Smothermon's motion without prejudice for failure to file a letter requesting a pre-motion conference, pursuant to Rule 2(A)(ii) of Judge Ramos' Individual Practices, which can be found at https://nysd.uscourts.gov/hon-edgardo-ramos. The Clerk of Court is respectfully directed to terminate Smothermon' motion, Doc. 8. SO ORDERED.. (Signed by Judge Edgardo Ramos on 8/24/2022) (ama) |
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| Tuesday, August 23, 2022 | ||
| 9 | 9
30+
pgs
respm
Memorandum of Law in Support of Motion
Tue 08/23 5:10 PM
MEMORANDUM OF LAW in Support re:8 MOTION to Dismiss for Failure to State a Claim . MOTION to Dismiss for Lack of Jurisdiction . MOTION to Transfer Case . MOTION for More Definite Statement . . Document filed by David Smothermon..(Yates, Terry) |
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Att: 1
Affidavit of Smothermon
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| 8 | 8
motion
Dismiss Dismiss/Lack of Jurisdiction Transfer Case More Definite Statement
Tue 08/23 5:06 PM
MOTION to Dismiss for Failure to State a Claim .( Responses due by 9/13/2022), MOTION to Dismiss for Lack of Jurisdiction .( Responses due by 9/13/2022), MOTION to Transfer Case ., MOTION for More Definite Statement .( Responses due by 9/13/2022) Document filed by David Smothermon..(Yates, Terry) |
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| Tuesday, August 02, 2022 | ||
| 7 | 7
service
Summons Returned Executed
Tue 08/02 5:48 PM
SUMMONS RETURNED EXECUTED Summons and Complaint served. David Smothermon served on 7/28/2022, answer due 8/18/2022. Service was accepted by David Smothermon. Document filed by Trammo, Inc...(Masella, Jessica) |
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| Wednesday, July 27, 2022 | ||
| 6 | 6
service
Summons Issued
Wed 07/27 12:36 PM
ELECTRONIC SUMMONS ISSUED as to David Smothermon..(lal) |
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| Tuesday, July 26, 2022 | ||
| 5 | 5
service
Request for Issuance of Summons
Tue 07/26 4:30 PM
REQUEST FOR ISSUANCE OF SUMMONS as to David Smothermon, re:1 Complaint. Document filed by Trammo, Inc...(Masella, Jessica) |
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| Thursday, June 16, 2022 | ||
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utility
Case Declined as Not Related
Thu 06/16 10:42 AM
CASE DECLINED AS NOT RELATED. Case referred as related to 19-cv-04185-GBD and declined by Judge George B. Daniels and returned to wheel for assignment. (aea) |
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notice
Notice of Case Assignment/Reassignment
Thu 06/16 10:49 AM
NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case. (aea) |
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utility
Case Designation
Thu 06/16 10:49 AM
Magistrate Judge Katharine H. Parker 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] . (aea) |
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| Tuesday, May 31, 2022 | ||
| 4 | 4
misc
Civil Cover Sheet
Tue 05/31 4:39 PM
CIVIL COVER SHEET filed..(Masella, Jessica) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Tue 05/31 10:30 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jessica Ann Masella. The following case opening statistical information was erroneously selected/entered: Dollar Demand $300,000,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000;. (pc) |
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misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Tue 05/31 10:31 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jessica Ann Masella to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
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notice
Case Opening Initial Assignment Notice
Tue 05/31 10:42 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) |
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utility
Case Designated ECF
Tue 05/31 10:43 AM
Case Designated ECF. (pc) |
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utility
Case Referred as Possibly Related/Similar
Tue 05/31 10:44 AM
CASE REFERRED TO Judge George B. Daniels as possibly related to 19cv4185 (pc) |
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| Monday, May 30, 2022 | ||
| 3 | 3
misc
Statement of Relatedness
Mon 05/30 8:24 PM
STATEMENT OF RELATEDNESS re: that this action be filed as related to 2:19-cv-4185. Document filed by Trammo, Inc...(Masella, Jessica) |
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| 2 | 2
misc
Rule 7.1 Corporate Disclosure Statement
Mon 05/30 8:19 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Trammo, Inc...(Masella, Jessica) |
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| 1 | 1
25
pgs
cmp
Complaint
Mon 05/30 8:03 PM
COMPLAINT against David Smothermon. (Filing Fee $ 402.00, Receipt Number ANYSDC-26211876)Document filed by Trammo, Inc...(Masella, Jessica) |
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Att: 1
Civil Cover Sheet Civil Cover Sheet
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