NextGear Capital, Inc. et al v. Tristate Auto Service Center, Inc. et al
| New York Eastern District Court | |
| Judge: | Natasha C Merle |
| Referred: | James R Cho |
| Case #: | 1:23-cv-09458 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Dec 22, 2023 |
| Last checked: Wednesday Jun 19, 2024 5:38 AM EDT |
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Defendant
Zu Ji Gao
655 51st St Floor 1
Brooklyn, NY 11220 |
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Defendant
Tristate Auto Service Center, Inc.
1769 McDonald Ave
Brooklyn, NY 11230 |
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Plaintiff
Manheim Remarketing, Inc.
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Represented By
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Plaintiff
NextGear Capital, Inc.
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Represented By
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GPO
Jan 11 2024
MEMORANDUM AND ORDER: Plaintiffs motion 3 for preliminary injunction is granted. Based on the documents that the Plaintiffs have submitted, the Court is satisfied that Plaintiffs have made a sufficient showing of a likelihood of success on the merits and irreparable harm in the absence of the injunction. Plaintiff's counsel shall attached their exhibits A & B to this Memorandum and Order, because the copies filed are corrupt and the Court was not able to either print them or create new PDF documents to attach to this decision. Plaintiff shall serve the attached Memorandum and Order with exhibits, upon the defendants and file proof of service. Ordered by Judge Frederic Block on 1/11/2024. (MI) |
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GPO
Feb 27 2025
# (1) Appendix) (JDP)REPORT AND RECOMMENDATIONS re: 26 MOTION for Default Judgment filed by Manheim Remarketing, Inc. The Court respectfully recommends granting the motion for default judgment filed on behalf of plaintiff Manheim Remarketing, Inc. against defendants Tristate Auto Service Center, Inc. and Zu Ji Gao, jointly and severally, and awarding plaintiff Manheim $2,634,155 on its breach of contract claim. The Court further recommends awarding pre-judgment interest from December 20, 2023 at the rate of $649.52 per day, through the date of entry of judgment. The Court also recommends awarding Manheim $25,566.88 in attorneys' fees and $3,859.11 in costs. Objections to R&R due by 3/13/2025.The Court directs plaintiffs' counsel to serve a copy of this Report and Recommendation by overnight mail and first-class mail on defendants and to file proof of service on ECF by March 3, 2025. Ordered by Magistrate Judge James R. Cho on 2/27/2025. (Attachments: |
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GPO
Mar 24 2025
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Judge Cho's R&R 37 is fully adopted as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1). Plaintiff Manheim Remarketing, Inc.'s motion for default judgment on the breach of contract and guaranty claims 26 against defendants Tristate Auto Service Center, Inc. and Zu Ji Gao, jointly and severally, is GRANTED. The Court awards plaintiff Manheim Remarketing, Inc. $2,634,155, plus (i) pre-judgment interest at the rate of $649.52 per day from December 20, 2023, through entry of judgment and (ii) $25,566.88 in attorneys' fees and $3,859.11 in costs. The Clerk of Court is respectfully directed not to enter judgment or close the caseat this time. Plaintiffs shall file a letter by April 7, 2025, indicating how each plaintiff intends to proceed with all remaining claims. ORDER ATTACHED. Ordered by Judge Natasha C. Merle on 3/24/2025. (AG) |
| Docket last updated: 05/23/2025 11:59 PM EDT |
| Wednesday, May 21, 2025 | ||
| 45 | 45
motion
Permanent Injunction
Wed 05/21 3:12 PM
First MOTION for Permanent Injunction against Tristate and Gao by Manheim Remarketing, Inc.. (Gaunce, Nicholas) |
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Att: 1
Affidavit in Support Affidavit of Matt Easler with Exhibit A,
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Att: 2
Memorandum in Support Memorandum of Law in Support of Motion for Permanent Injunction,
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Att: 3
Proposed Order
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| Friday, May 02, 2025 | ||
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order
Order on Motion for Extension of Time to File
Fri 05/02 4:10 PM
ORDER granting44 Motion for Extension of Time to File by Manheim Remarketing, Inc. -- Plaintiff's motion44 is granted. Plaintiff shall file its motion for permanent injunction and dismissal by May 21, 2025. Ordered by Judge Natasha C. Merle on 5/2/2025. (AG) |
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| Thursday, May 01, 2025 | ||
| 44 | 44
motion
Extension of Time to File Document
Thu 05/01 11:59 AM
First MOTION for Extension of Time to File re Motion for Permanent Injunction and Dismissal by Manheim Remarketing, Inc.. (Gaunce, Nicholas) |
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| Friday, April 11, 2025 | ||
| 43 | 43
notice
Notice of Voluntary Dismissal
Fri 04/11 4:01 PM
NOTICE of Voluntary Dismissal by Manheim Remarketing, Inc., NextGear Capital, Inc. without Prejudice as to NextGear Only (Gaunce, Nicholas) |
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| Tuesday, April 08, 2025 | ||
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order
Order(Other)
Tue 04/08 4:11 PM
ORDER re41 Letter MOTION for Leave to File Document re Motion for Permanent Injunction and Dismissal filed by Manheim Remarketing, Inc., NextGear Capital, Inc. -- In light of plaintiffs' letter41 , the Court sets the following deadlines. Plaintiff NextGear shall file a notice of voluntary dismissal pursuant to Federal Rule Civil Procedure 41 on or before April 14, 2025. Plaintiff Manheim shall file a motion to resolve all remaining claims, and/or a notice of voluntary dismissal as to all remaining claims it does not seek to resolve by motion, by May 7, 2025. Ordered by Judge Natasha C. Merle on 4/8/2025. (AG) |
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order
Order on Motion for Leave to File
Wed 04/09 8:44 AM
ORDER terminating41 Motion for Leave to File by Manheim Remarketing, Inc., NextGear Capital, Inc. See docket order entered on 4/08/2025. Ordered by Judge Natasha C. Merle on 4/8/2025. (AG) |
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| Monday, April 07, 2025 | ||
| 41 | 41
motion
Leave to File Document
Mon 04/07 11:29 AM
Letter MOTION for Leave to File Document re Motion for Permanent Injunction and Dismissal by Manheim Remarketing, Inc., NextGear Capital, Inc.. (Gaunce, Nicholas) |
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| Friday, April 04, 2025 | ||
| 42 | 42
misc
Mail Returned
Wed 04/09 11:24 AM
Mail Returned as Undeliverable. "Copies of 3/24/2025 Order" Mail sent to Tristate Auto Service Center, Inc. 1769 McDonald Avenue Brooklyn, NY 11230. "Return to sender." (DLMP) |
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| Monday, March 24, 2025 | ||
| 40 | 40
2
pgs
order
Order Adopting Report and Recommendations Order on Report and Recommendations Order on Motion for Default Judgment
Mon 03/24 2:41 PM
ORDER ADOPTING REPORT AND RECOMMENDATIONS : Judge Cho's R&R37 is fully adopted as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1). Plaintiff Manheim Remarketing, Inc.'s motion for default judgment on the breach of contract and guaranty claims26 against defendants Tristate Auto Service Center, Inc. and Zu Ji Gao, jointly and severally, is GRANTED. The Court awards plaintiff Manheim Remarketing, Inc. $2,634,155, plus (i) pre-judgment interest at the rate of $649.52 per day from December 20, 2023, through entry of judgment and (ii) $25,566.88 in attorneys' fees and $3,859.11 in costs. The Clerk of Court is respectfully directed not to enter judgment or close the caseat this time. Plaintiffs shall file a letter by April 7, 2025, indicating how each plaintiff intends to proceed with all remaining claims. ORDER ATTACHED . Ordered by Judge Natasha C. Merle on 3/24/2025. (AG) |
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| Friday, March 21, 2025 | ||
| 39 | 39
misc
Mail Returned
Fri 03/21 12:39 PM
Mail Returned as Undeliverable. copies of 2/27/2025 R&R mailed to Tristate Auto Service Center, Inc., 1769 McDonald Avenue, Brooklyn, NY 11230 Did Not Delivered. (DLMP) |
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| Saturday, March 01, 2025 | ||
| 38 | 38
misc
Affidavit/Affirmation
Sat 03/01 9:42 PM
AFFIDAVIT/AFFIRMATION re37 REPORT AND RECOMMENDATIONS re26 MOTION for Default Judgment filed by Manheim Remarketing, Inc., NextGear Capital, Inc. by Manheim Remarketing, Inc., NextGear Capital, Inc. (Gaunce, Nicholas) |
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Att: 1
Exhibit A - GAO,
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Att: 2
B - Tristate
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| Thursday, February 27, 2025 | ||
| 37 | 37
motion
Report and Recommendations
Thu 02/27 2:49 PM
REPORT AND RECOMMENDATIONS re:26 MOTION for Default Judgment filed by Manheim Remarketing, Inc. The Court respectfully recommends granting the motion for default judgment filed on behalf of plaintiff Manheim Remarketing, Inc. against defendants Tristate Auto Service Center, Inc. and Zu Ji Gao, jointly and severally, and awarding plaintiff Manheim $2,634,155 on its breach of contract claim. The Court further recommends awarding pre-judgment interest from December 20, 2023 at the rate of $649.52 per day, through the date of entry of judgment. The Court also recommends awarding Manheim $25,566.88 in attorneys' fees and $3,859.11 in costs. Objections to R&R due by 3/13/2025. The Court directs plaintiffs' counsel to serve a copy of this Report and Recommendation by overnight mail and first-class mail on defendants and to file proof of service on ECF by March 3, 2025. Ordered by Magistrate Judge James R. Cho on 2/27/2025. (JDP) |
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Att: 1
Appendix
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| Monday, August 19, 2024 | ||
| 36 | 36
service
Affidavit of Service
Mon 08/19 5:10 PM
AFFIDAVIT of Service for 8.15.24 Text Order served on Zu Ji Gao on 08/19/2024, filed by Manheim Remarketing, Inc., NextGear Capital, Inc.. (Gaunce, Nicholas) |
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| 35 | 35
service
Affidavit of Service
Mon 08/19 5:09 PM
AFFIDAVIT of Service for 8.15.24 Text Order served on Tristate Auto Service on 08/16/2024, filed by Manheim Remarketing, Inc., NextGear Capital, Inc.. (Gaunce, Nicholas) |
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| Thursday, August 15, 2024 | ||
| 34 | 34
service
Affidavit of Service
Thu 08/15 1:07 PM
AFFIDAVIT of Service for July 8, 2024 Text Order and Supporting Documents Amended - Personal Service served on Zu Ji Gao on 07/09/2024, filed by Manheim Remarketing, Inc., NextGear Capital, Inc.. (Gaunce, Nicholas) |
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minutes
Telephone Conference
Thu 08/15 2:21 PM
Minute Entry for Telephone Conference held on 8/15/2024 before Magistrate Judge James R. Cho. Appearance by Nicholas Gaunce for plaintiffs. Defendants failed to appear despite receiving notice of the hearing. Plaintiffs'26 motion for default judgment taken under advisement. By 8/19/2024 , plaintiffs shall serve a copy of this Order on defendants and file proof of service on ECF. (Cisco Recording.) (SGC) |
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| Monday, August 12, 2024 | ||
| 33 | 33
misc
Status Report
Mon 08/12 6:18 PM
STATUS REPORT Requesting Entry of Judgment for Manheim by Manheim Remarketing, Inc., NextGear Capital, Inc. (Gaunce, Nicholas) |
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Att: 1
Declaration Supplemental,
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Att: 2
Exhibit A - Sec of State Docs
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| Tuesday, August 06, 2024 | ||
| 32 | 32
service
Affidavit of Service
Tue 08/06 4:18 PM
AFFIDAVIT of Service for Affidavit of Service served on TRISTATE AUTO SERVICE on August 6, 2024, filed by Manheim Remarketing, Inc.. (Gaunce, Nicholas) |
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| 31 | 31
service
Affidavit of Service
Tue 08/06 4:16 PM
AFFIDAVIT of Service for Affidavit of Service served on TRISTATE AUTO SERVICE on August 6, 2024, filed by Manheim Remarketing, Inc.. (Gaunce, Nicholas) |
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| 30 | 30
service
Affidavit of Service
Tue 08/06 4:15 PM
AFFIDAVIT of Service for Affidavit of Service served on ZU JI GAO on August 6, 2024, filed by Manheim Remarketing, Inc.. (Gaunce, Nicholas) |
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| Thursday, August 01, 2024 | ||
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minutes
Motion Hearing ~Util - Set Deadlines/Hearings
Thu 08/01 2:47 PM
Minute Entry for motion hearing held on 8/1/2024 before Magistrate Judge James R. Cho. Appearance by Anthony Bush for plaintiffs. Defendants failed to appear despite receiving notice of the hearing. Discussion held regarding plaintiffs'26 motion for default judgment. The Court identified certain deficiencies with respect to service of process on defendants and requested further information about plaintiff Nextgear Capital Inc.'s ("Nextgear") standing to sue. By 8/12/2024 , plaintiffs shall file a status report advising the Court whether plaintiffs will re-serve defendants (and withdraw their motion for default judgment without prejudice and with leave to renew), or supplement their submissions regarding service. In addition, if the motion is not withdrawn, plaintiffs shall address whether Nextgear, as opposed to Manheim Remarketing, Inc., is a proper plaintiff. Telephonic conference scheduled for 8/15/2024 at 12:30 p.m. before Magistrate Judge James R. Cho. The parties are directed to call 571-353-2301 and enter Meeting ID 709-478-501# . If any party has difficulty accessing the conference, please contact Chambers at 718-613-2110. By 8/6/2024 , plaintiffs shall serve a copy of this Order on defendants and file proof of service on ECF. (Cisco Recording.) (EJS) |
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| Thursday, July 11, 2024 | ||
| 29 | 29
service
Affidavit of Service
Thu 07/11 2:58 PM
AFFIDAVIT of Service for Text Order and Docket served on John Doe, Rep of Tristate on July 11, 2024, filed by Manheim Remarketing, Inc., NextGear Capital, Inc.. (Gaunce, Nicholas) |
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| 28 | 28
service
Affidavit of Service
Thu 07/11 2:56 PM
AFFIDAVIT of Service for Text Order and Docket served on Zu Ji Gao, personally on July 9 2024, filed by Manheim Remarketing, Inc., NextGear Capital, Inc.. (Gaunce, Nicholas) |
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| Tuesday, July 09, 2024 | ||
| 27 | 27
service
Affidavit of Service
Tue 07/09 2:03 PM
AFFIDAVIT of Service for Scheduling Order and Dockeet served on Secretary of State on 07/09/2024, filed by Manheim Remarketing, Inc., NextGear Capital, Inc.. (Gaunce, Nicholas) |
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| Monday, July 08, 2024 | ||
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order
Scheduling Order
Mon 07/08 2:23 PM
SCHEDULING ORDER re:26 MOTION for Default Judgment filed by Manheim Remarketing, Inc., NextGear Capital, Inc. A Telephone Conference will be held on 8/1/2024 at 11:30 AM before Magistrate Judge James R. Cho. The parties are directed to call 571-353-2301 and enter Meeting ID 709-478-501# . If any party has difficulty accessing the conference, please contact Chambers at 718-613-2110. Counsel and the parties should be prepared to discuss plaintiffs' pending motion for default judgment (Dkt. 26), including service of process and plaintiff Nextgear Capital's standing to seek damages. By 7/11/2024 , plaintiffs shall serve a copy of this Order and the full docket sheet on defendants, and file proof of service on ECF. Ordered by Magistrate Judge James R. Cho on 7/8/2024. (JDP) |
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| Monday, May 13, 2024 | ||
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order
Order Referring Motion
Mon 05/13 8:34 AM
ORDER REFERRING MOTION: The26 MOTION for Default Judgment filed by plaintiffs is respectfully referred to Magistrate Judge James R. Cho for a Report and Recommendation. Ordered by Judge Natasha C. Merle on 5/13/2024. (AG) |
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| Friday, May 10, 2024 | ||
| 26 | 26
1
pgs
motion
Default Judgment
Fri 05/10 12:34 PM
MOTION for Default Judgment by Manheim Remarketing, Inc., NextGear Capital, Inc.. (Gaunce, Nicholas) |
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Att: 1
2 pgs
Proposed Judgment,
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Att: 2
1 pgs
Certificate of Service,
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Att: 3
4 pgs
Declaration of Counsel,
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Att: 4
190 pgs
Exhibit 1 - Complaint,
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Att: 5
2 pgs
Exhibit 2 - AOS Tristate,
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Att: 6
2 pgs
Exhibit 3 - AOS Gao,
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Att: 7
3 pgs
Exhibit 4 - Defaults,
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Att: 8
4 pgs
Exhibit 5 - Gaunce Bio,
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Att: 9
7 pgs
Exhibit 6 - Bush Bio,
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Att: 10
27 pgs
Exhibit 7 - Summaries & Invoices,
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Att: 11
4 pgs
Declaration of Easler,
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Att: 12
5 pgs
Exhibit A - AR Summary,
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Att: 13
49 pgs
Exhibit B - Invoices,
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Att: 14
5 pgs
Exhibit C - T&Cs,
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Att: 15
3 pgs
Exhibit D - SCRA Search,
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Att: 16
2 pgs
Exhibit E - Credit Memo,
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Att: 17
17 pgs
Memorandum in Support
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| Friday, April 12, 2024 | ||
| 25 | 25
1
pgs
order
Clerks Entry of Default
Fri 04/12 3:44 PM
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Zu Ji Gao has failed to appear or otherwise defend this action, the default of defendant Zu Ji Gao is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
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| 24 | 24
1
pgs
order
Clerks Entry of Default
Fri 04/12 3:36 PM
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Tristate Auto Service Center, Inc. has failed to appear or otherwise defend this action, the default of defendant Tristate Auto Service Center, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
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| Tuesday, April 02, 2024 | ||
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order
Order(Other)
Tue 04/02 12:51 PM
ORDER: Thirty (30) days after the Clerk enters default, counsel shall move for default judgment in accordance with the District Judge's Individual Rules. Ordered by Magistrate Judge James R. Cho on 4/2/2024. (SGC) |
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| Monday, April 01, 2024 | ||
| 23 | 23
2
pgs
misc
Status Report
Mon 04/01 6:24 PM
STATUS REPORT Second by Manheim Remarketing, Inc., NextGear Capital, Inc. (Gaunce, Nicholas) |
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| 22 | 22
1
pgs
misc
Request for Certificate of Default
Mon 04/01 5:55 PM
Request for Certificate of Default by Manheim Remarketing, Inc., NextGear Capital, Inc. (Gaunce, Nicholas) |
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Att: 1
3 pgs
Declaration,
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Att: 2
3 pgs
Exhibit A - SCRA Search,
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Att: 3
2 pgs
Exhibit B - Clerk's Certificate of Default
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| 21 | 21
misc
Request for Certificate of Default
Mon 04/01 5:09 PM
Request for Certificate of Default by Manheim Remarketing, Inc., NextGear Capital, Inc. (Gaunce, Nicholas) |
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Att: 1
3 pgs
Declaration,
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Att: 2
2 pgs
Exhibit A - Proposed Form of Cert of Default
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| Monday, March 04, 2024 | ||
| 20 | 20
1
pgs
service
Summons Returned Executed
Mon 03/04 9:58 AM
SUMMONS Returned Executed by NextGear Capital, Inc., Manheim Remarketing, Inc.. Zu Ji Gao served on 2/23/2024, answer due 3/15/2024. (Gaunce, Nicholas) |
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| Friday, March 01, 2024 | ||
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order
Status Report Order
Fri 03/01 9:09 AM
STATUS REPORT ORDER: Plaintiff's counsel is directed to submit a status report letter by 4/1/2024 . Ordered by Magistrate Judge James R. Cho on 3/1/2024. (SGC) |
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| Thursday, February 29, 2024 | ||
| 19 | 19
2
pgs
misc
Status Report
Thu 02/29 5:23 PM
STATUS REPORT as to 1/30/24 Order by Manheim Remarketing, Inc., NextGear Capital, Inc. (Gaunce, Nicholas) |
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Att: 1
Exhibit A - Process Server Notification
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| Tuesday, January 30, 2024 | ||
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order
Status Report Order
Tue 01/30 12:58 PM
STATUS REPORT ORDER: Plaintiff's counsel is directed to submit a status report letter by 2/29/2024 . Ordered by Magistrate Judge James R. Cho on 1/30/2024. (SGC) |
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| Monday, January 22, 2024 | ||
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utility
Case Assigned/Reassigned
Mon 01/22 1:54 PM
Case Reassigned to Judge Natasha C. Merle. Judge Frederic Block no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (BBM) |
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| Friday, January 12, 2024 | ||
| 18 | 18
1
pgs
service
Summons Returned Unexecuted
Fri 01/12 3:31 PM
Summons Returned Unexecuted by NextGear Capital, Inc., Manheim Remarketing, Inc. as to Tristate Auto Service Center, Inc.. (Gaunce, Nicholas) |
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| Thursday, January 11, 2024 | ||
| 17 | 17
3
pgs
order
Memorandum & Opinion
Thu 01/11 5:08 PM
MEMORANDUM AND ORDER: Plaintiffs motion3 for preliminary injunction is granted. Based on the documents that the Plaintiffs have submitted, the Court is satisfied that Plaintiffs have made a sufficient showing of a likelihood of success on the merits and irreparable harm in the absence of the injunction. Plaintiff's counsel shall attached their exhibits A & B to this Memorandum and Order, because the copies filed are corrupt and the Court was not able to either print them or create new PDF documents to attach to this decision. Plaintiff shall serve the attached Memorandum and Order with exhibits, upon the defendants and file proof of service. Ordered by Judge Frederic Block on 1/11/2024. (MI) |
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| 16 | 16
2
pgs
motion
Temporary Restraining Order
Thu 01/11 11:10 AM
Second MOTION for Temporary Restraining Order Extending Restraints Pursuant to Rule 65(b) by Manheim Remarketing, Inc., NextGear Capital, Inc.. (Gaunce, Nicholas) |
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Att: 1
2 pgs
Proposed Order
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minutes
Motion Hearing
Thu 01/11 5:00 PM
Minute Entry for proceedings held before Judge Frederic Block: Nicholas Gaunce, Esq. for the plaintiff and no appearance for the defendants. Oral argument held on 1/11/2024. The Plaintiffs motion3 for an order to show cause for a TRO and injunctive relief was discussed. The Court grants plaintiffs motion3 for the reasons stated on the record. Plaintiffs second motion16 extending the TRO is Denied as moot. An order will be issued. (Court Reporter: Nicole Sesta 718 613 2758) (MI) |
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order
Order on Motion for TRO
Thu 01/11 5:10 PM
ELECTRONIC ORDER: Dismissing as moot, plaintiff's motion16 to extend the TRO. See minute entry dated 1-11-24 and entry17 . Ordered by Judge Frederic Block on 1/11/2024. (MI) |
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| Wednesday, January 10, 2024 | ||
| 15 | 15
2
pgs
misc
Declaration
Wed 01/10 9:02 PM
DECLARATION re7 Order to Show Cause,, Supplemental of Counsel by Manheim Remarketing, Inc., NextGear Capital, Inc. (Gaunce, Nicholas) |
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Att: 1
5 pgs
Exhibit 1 - Subpoena,
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Att: 2
4 pgs
Exhibit 2 - Bank Statement
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| 14 | 14
2
pgs
misc
Declaration
Wed 01/10 5:19 PM
DECLARATION re7 Order to Show Cause,, of Kevin Connelly by Manheim Remarketing, Inc., NextGear Capital, Inc. (Gaunce, Nicholas) |
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Att: 1
2 pgs
Exhibit 1 - dispatch sheet,
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Att: 2
2 pgs
Exhibit 2 - picture,
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Att: 3
3 pgs
Exhibit 3 - profile
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| 13 | 13
2
pgs
misc
Declaration
Wed 01/10 5:08 PM
DECLARATION re7 Order to Show Cause,, of Matt Easler by Manheim Remarketing, Inc., NextGear Capital, Inc. (Gaunce, Nicholas) |
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Att: 1
2 pgs
Exhibit 1 - NY DMV Records,
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Att: 2
16 pgs
Exhibit 2 - CARFAX Records
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| 12 | 12
1
pgs
service
Summons Returned Executed
Wed 01/10 11:08 AM
SUMMONS Returned Executed by NextGear Capital, Inc., Manheim Remarketing, Inc.. (Gaunce, Nicholas) |
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| 11 | 11
1
pgs
service
Summons Returned Executed
Wed 01/10 11:07 AM
SUMMONS Returned Executed by NextGear Capital, Inc., Manheim Remarketing, Inc.. (Gaunce, Nicholas) |
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| Tuesday, January 09, 2024 | ||
| 10 | 10
3
pgs
misc
Declaration
Tue 01/09 5:45 PM
DECLARATION re6 Summons Issued,1 Complaint,,, by Manheim Remarketing, Inc., NextGear Capital, Inc. (Gaunce, Nicholas) |
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Att: 1
2 pgs
Exhibit 1 - Status Update,
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Att: 2
2 pgs
Exhibit 2 - Photograph,
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Att: 3
3 pgs
Exhibit 3 - Secretary of State Information,
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Att: 4
2 pgs
Exhibit 4 - Dealership Authorization,
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Att: 5
2 pgs
Exhibit 5 - Removal,
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Att: 6
3 pgs
Exhibit 6 - Acknowledge Terms and Conditions,
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Att: 7
5 pgs
Exhibit 7 - FedEx Receipt
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| 9 | 9
1
pgs
service
Summons Returned Unexecuted
Tue 01/09 3:54 PM
Summons Returned Unexecuted by NextGear Capital, Inc., Manheim Remarketing, Inc. as to Zu Ji Gao. (Gaunce, Nicholas) |
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| 8 | 8
1
pgs
service
Summons Returned Executed
Tue 01/09 3:53 PM
SUMMONS Returned Executed by NextGear Capital, Inc., Manheim Remarketing, Inc.. Tristate Auto Service Center, Inc. served on 1/5/2024, answer due 1/26/2024. (Gaunce, Nicholas) |
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| Thursday, December 28, 2023 | ||
| 7 | 7
55
pgs
order
Order to Show Cause
Thu 12/28 5:15 PM
ORDER TO SHOW CAUSE: An in person oral argument is scheduled before J. Block on January 11, 2024 @ 3:30 pm in Courtroom 10C, 10th Fl. in the Brooklyn Courthouse. By January 5, 2024 the defendant shall serve and file their opposition to plaintiff's motion for an order to show cause. By December 30, 2023 the plaintiff shall serve a copy of their order to show cause with all supporting papers and this docket entry upon the defendants and then file proof of service. Upon receipt of this email counsel shall confirm with each other the date and time of this in person oral argument. Ordered by Judge Frederic Block on 12/28/2023. (MI) |
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| 6 | 6
2
pgs
service
Summons Issued
Thu 12/28 12:58 PM
Summons Issued as to Zu Ji Gao, Tristate Auto Service Center, Inc.. (AF) |
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Att: 1
2 pgs
Tristate Auto Service Center, Inc.
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| 5 | 5
1
pgs
misc
Quality Control Check - Attorney Case Opening
Thu 12/28 12:51 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
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| 4 | 4
1
pgs
misc
Clerks Notice of Rule 73
Thu 12/28 12:46 PM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (AF) |
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55
pgs
motion
Show Cause
Thu 12/28 12:06 PM
MOTION for Order to Show Cause by Manheim Remarketing, Inc., NextGear Capital, Inc.. (Gaunce, Nicholas) Modified on 12/28/2023 (MI) |
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Att: 1
6 pgs
Memorandum in Support,
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Att: 2
2 pgs
Declaration of Stephen Smith,
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Att: 3
2 pgs
Declaration of Joey Hughes,
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Att: 4
5 pgs
Declaration of Nicholas M. Gaunce,
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Att: 5
2 pgs
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Thu 12/28 12:42 PM
Case Assigned to Judge Frederic Block and Magistrate Judge James R. Cho. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to James R. Cho. (AF) |
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utility
Set/Reset Hearings
Thu 12/28 5:18 PM
Set/Reset Hearings: In Person Oral Argument set for 1/11/2024 03:30 PM before Judge Frederic Block. (MI) |
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1
pgs
misc
Corporate Disclosure Statement
Fri 12/22 3:52 PM
Corporate Disclosure Statement by Manheim Remarketing, Inc., NextGear Capital, Inc. identifying Corporate Parent Manheim, Inc. for Manheim Remarketing, Inc., NextGear Capital, Inc.. (Gaunce, Nicholas) |
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15
pgs
cmp
Complaint
Fri 12/22 3:49 PM
COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-17405945 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by NextGear Capital, Inc., Manheim Remarketing, Inc.. (Gaunce, Nicholas) |
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Att: 1
21 pgs
Exhibit 1 - Note,
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Att: 2
2 pgs
Exhibit 2 - UCC-1,
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Att: 3
6 pgs
Exhibit 3 - Individual Guaranty,
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Att: 4
49 pgs
Exhibit 4 - Invoices,
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Att: 5
2 pgs
Exhibit 5 - Signature to T & Cs,
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Att: 6
13 pgs
Exhibit 6 - T & C s,
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Att: 7
2 pgs
Exhibit 7 - PMSI Notice,
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Att: 8
3 pgs
Exhibit 8 - Certified Mailing Receipt,
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Att: 9
2 pgs
Declaration Stephen Smith Dec,
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Att: 10
2 pgs
Declaration Joey Hughes Dec,
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Att: 11
5 pgs
Affidavit Gaunce Affirmation,
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Att: 12
55 pgs
Proposed Order Order to Show Cause,
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Att: 13
6 pgs
Memorandum in Support of Law ISO Order to Show Cause,
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Att: 14
2 pgs
Civil Cover Sheet Cover Sheet,
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Att: 15
2 pgs
Proposed Summons as to Gao,
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Att: 16
2 pgs
Proposed Summons as to Tristate
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