Johnson v. First Premier Home Warranty Corp.

New York Eastern District Court
Judge:	Nina R Morrison
Referred:	Vera M Scanlon
Case #:	1:24-cv-05542
Nature of Suit	485 Other Statutes - Telephone Consumer Protection Act
Cause	47:227 Restrictions of Use of Telephone Equipment

Case Filed:	Aug 08, 2024
Terminated:	Apr 30, 2025

Docket
Parties (2)

Last checked: Thursday Feb 06, 2025 4:44 AM EST

Defendant First Premier Home Warranty Corp.	Represented By David Scott Becker Dickinson Wright PLLC contact info Sean Pie contact info
Plaintiff Antwane Johnson	Represented By Ross Howard Schmierer Kazerouni Law Group, Apc contact info

Docket last updated: 65 minutes ago

Wednesday, April 30, 2025
		order Order Dismissing Case Wed 04/30 11:52 AM ORDER DISMISSING CASE: The parties'16 stipulation of dismissal is so ordered. Ordered by Judge Nina R. Morrison on 4/30/2025. (AH) Related: [-]
Monday, April 28, 2025
16		16 misc Stipulation of Dismissal Mon 04/28 8:39 PM STIPULATION of Dismissal by Antwane Johnson (Schmierer, Ross) Related: [-]
Monday, April 14, 2025
		order Order(Other) Mon 04/14 11:28 AM ORDER: On December 18, 2024, this Court directed the parties to file a stipulation of dismissal within 60 days. To date, the Court has not received any filings from the parties. The parties are directed to file a stipulation of dismissal by April 28, 2025 . Ordered by Judge Nina R. Morrison on 4/14/2025. (AH) Related: [-]
Wednesday, December 18, 2024
		order Order(Other) Wed 12/18 6:46 PM ORDER: The Court is in receipt of the parties'14 and15 letters indicating that they have reached a settlement in principle. The parties are therefore directed to file a stipulation of dismissal within 60 days of this order. Ordered by Judge Nina R. Morrison on 12/18/2024. (AH) Related: [-]
		order Order on Motion for Pre Motion Conference Wed 12/18 6:49 PM ORDER denying10 Motion for Pre Motion Conference: In light of the parties' representations that they have reached a settlement in principle, Defendant's motion for a pre-motion conference is denied without prejudice as moot. Ordered by Judge Nina R. Morrison on 12/18/2024. (AH) Related: [-]
Tuesday, December 17, 2024
15		15 misc Letter Tue 12/17 9:21 AM Letter to Court re: case settled in principal by First Premier Home Warranty Corp. (Pie, Sean) Related: [-]
Monday, December 16, 2024
		order Order(Other) Mon 12/16 10:19 AM ORDER: The Court is in receipt of Plaintiff's14 letter indicating that the parties have reached a settlement in principle and requesting the Court terminate all deadlines. As it is not a joint letter, Defendant shall file a letter with the Court within two business days indicating its position with regard to Plaintiff's14 letter. If Defendant does not inform the Court of its position within two business days, the Court will terminate any deadlines for the Plaintiff to respond to Defendant's10 motion for a pre-motion conference and dismiss the motion without prejudice. Ordered by Judge Nina R. Morrison on 12/16/2024. (AH) Related: [-]
Friday, December 06, 2024
14		14 misc Letter Fri 12/06 8:56 AM Letter addressing the Text Order issued last night and updating the Court on the settlement of this matter, in principle, subject to a written agreement filed by Antwane Johnson (Schmierer, Ross) Related: [-]
Thursday, December 05, 2024
		order Order(Other) Thu 12/05 5:47 PM ORDER: On November 26, 2024, this Court directed Plaintiff to, by December 3, file either a joint letter updating the Court as to the status of the parties' settlement negotiations or a response to Defendant's10 motion for a pre-motion conference. To date, neither a letter nor a response has been filed. Plaintiff is directed to comply with the Court's November 26, 2024 order by December 13, 2024, or Defendant's13 motion for a pre-motion conference will be considered unopposed and the Court may also consider the underlying grounds for summary judgment asserted by Defendant to be unopposed. The parties are further reminded that failure to comply with this Court's orders can result in sanctions up to and including waiver of arguments or claims, as well as potential dismissal of the action for failure to prosecute. Ordered by Judge Nina R. Morrison on 12/5/2024. (AH) Related: [-]
Monday, December 02, 2024
		order 1 - Terminate Hearings Mon 12/02 9:17 AM ORDER. In light of the settlement discussions and possible dispositive motion to dismiss before the District Judge, the conference schedule for 12/5/2024 is adjourned sine die . Within seven days of a resolution of the proposed motion to dismiss, if the case continues, the parties are to file a letter request for an initial conference with the Magistrate Judge. Ordered by Magistrate Judge Vera M. Scanlon on 12/2/2024. (SH) Related: [-]
Tuesday, November 26, 2024
		order Order(Other) Tue 11/26 5:42 PM ORDER: In light of Plaintiff's13 November 25 letter, the Plaintiff is directed to either file a joint letter updating the Court as to the status of their settlement negotiations or a response to Defendants10 motion for a pre-motion conference by Tuesday, December 3, 2024. Ordered by Judge Nina R. Morrison on 11/26/2024. (AH) Related: [-]
Monday, November 25, 2024
13		13 misc Letter Mon 11/25 9:28 PM Letter in response to the Court's Text Order issued on November 18, 2024 by Antwane Johnson (Schmierer, Ross) Related: [-]
Monday, November 18, 2024
		order Order(Other) Mon 11/18 12:16 PM ORDER: Plaintiff must file a response to Defendant's10 Motion for a pre-motion conference. To date, Plaintiff has filed no response to Defendant's10 Motion for a pre-motion conference. Plaintiff must file a response on or before November 25, 2024. If Plaintiff does not file a response by November 25, 2024, Defendant's motion will be considered unopposed. Ordered by Judge Nina R. Morrison on 11/18/2024. (AH) Related: [-]
Monday, November 04, 2024
12		12 discov Disclosure of Interested Parties Mon 11/04 4:55 PM DISCLOSURE of Interested Parties by First Premier Home Warranty Corp.. (Pie, Sean) Related: [-]
11		11 notice Notice of Appearance Mon 11/04 4:31 PM NOTICE of Appearance by David Scott Becker on behalf of First Premier Home Warranty Corp. (aty to be noticed) (Becker, David) Related: [-]
Wednesday, October 30, 2024
10		10 motion Pre Motion Conference Wed 10/30 4:37 PM MOTION for pre motion conference by First Premier Home Warranty Corp.. (Pie, Sean) Related: [-]
		Att: 1 Certificate of Service Certificate of Service
Monday, October 21, 2024
		order Order on Motion for Extension of Time to Answer Mon 10/21 3:31 PM ORDER granting nunc pro tunc the Motion for Extension of Time to Answer at ECF No.9 . Defendant must answer or otherwise respond to the complaint at ECF No.1 on or before 10/30/2024. Ordered by Magistrate Judge Vera M. Scanlon on 10/21/2024. (SKJ) Related: [-]
Wednesday, October 02, 2024
9		9 motion Extension of Time to File Answer Wed 10/02 1:24 PM MOTION for Extension of Time to File Answer by First Premier Home Warranty Corp.. (Pie, Sean) Related: [-]
Thursday, September 26, 2024
8		8 motion Extension of Time to File Answer Thu 09/26 1:06 PM MOTION for Extension of Time to File Answer by First Premier Home Warranty Corp.. (Pie, Sean) Related: [-]
		order Order on Motion for Extension of Time to Answer Thu 09/26 3:19 PM ORDER granting Motion for Extension of Time to Answer at ECF No.8 . The Court notes that 10/5/2024 is a Saturday. Defendant First Premier Home Warranty Corp. is to answer or otherwise respond to the complaint on or before 10/7/2024. Ordered by Magistrate Judge Vera M. Scanlon on 9/26/2024. (SH) Related: [-]
Friday, September 20, 2024
7		7 notice Notice of Appearance Fri 09/20 4:13 PM NOTICE of Appearance by Sean Pie on behalf of All Defendants (aty to be noticed) (Pie, Sean) Related: [-]
Monday, August 19, 2024
6		6 service Summons Returned Executed Mon 08/19 6:36 PM SUMMONS Returned Executed by Antwane Johnson. First Premier Home Warranty Corp. served on 8/15/2024, answer due 9/5/2024. (Schmierer, Ross) Related: [-]
Friday, August 09, 2024
5		5 order Scheduling Order Fri 08/09 3:58 PM SCHEDULING ORDER: An Initial Conference is scheduled for 12/5/2024 at 10:30 AM before Magistrate Judge Vera M. Scanlon via ZoomGov. To gain access to the ZoomGov audio conferencing system, the parties are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 11/19/2024. In the event that Defendant has not answered or otherwise appeared, Plaintiff must also mail a copy of this Order, its attachment and the full docket to the last known mailing address(es) for such Defendant and file proof on ECF by the CMP filing date. The Court reminds the parties of their responsibility to file a disclosure statement under Federal Rule of Civil Procedure 7.1, if applicable, within 30 days of appearing in this action. As to any LLC, the disclosure statement should identify all of the members and their respective citizenship. Ordered by Magistrate Judge Vera M. Scanlon on 8/9/2024. (CC) Related: [-]
Thursday, August 08, 2024
4		4 service Summons Issued Thu 08/08 1:50 PM Summons Issued as to First Premier Home Warranty Corp.. (KD) Related: [-]
3		3 misc Quality Control Check - Attorney Case Opening Thu 08/08 1:48 PM This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) Related: [-]
2		2 misc Clerks Notice of Rule 73 Thu 08/08 1:41 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] (KD) Related: [-]
1		1 27 pgs cmp Complaint Thu 08/08 12:15 PM COMPLAINT against First Premier Home Warranty Corp. filing fee $ 405, receipt number ANYEDC-18158474 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Antwane Johnson. (Schmierer, Ross) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Proposed Summons
		utility Case Assigned/Reassigned Thu 08/08 1:39 PM Case Assigned to Judge Nina R. Morrison and Magistrate Judge Vera M. Scanlon. 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. (KD) Related: [-]

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