Simmons et al v. SUNCo Capital, LLC et al
| New York Eastern District Court | |
| Judge: | Brian M Cogan |
| Referred: | Lois Bloom |
| Case #: | 1:24-cv-07129 |
| Nature of Suit | 371 Torts - Personal Property - Truth in Lending |
| Cause | 15:1601 Truth in Lending |
| Case Filed: | Oct 09, 2024 |
| Last checked: Monday Apr 07, 2025 4:42 AM EDT |
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Defendant
ATTYX New York LLC
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Defendant
Enterbank USA
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Defendant
SUNCo Capital, LLC
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Represented By
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Defendant
Solar Mosiac, LLC
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Represented By
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Defendant
ATTYX LLC
150 Eileen Way Suite #5
Syosset, NY 11791 |
Represented By
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Defendant
ATTYX, LLC d/b/a SUNco Capital and SUNco Solar
150 Eileen Way Suite #5
Syosset, NY 11791 |
Represented By
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Defendant
Regions/Enerbank USA d/b/a EnerBank USA
15 West South Temple Suite 600
Salt Lake City, UT 84101 |
Represented By
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Defendant
Webbank
215 South Street Suite 1000
Salt Lake City, UT 84111 |
Represented By
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Plaintiff
Marie Lauture
188-17 119th Road
Queens, NY 11412 |
Represented By
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Plaintiff
Sheila Simmons
14504 Lakewood Ave.
Queens, NY 11435 |
Represented By
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GPO
Mar 05 2025
MEMORANDUM DECISION AND ORDER that Mosaic and WebBank's 21 motion to compel arbitration is denied without prejudice to renew in light of the record and evidence developed during discovery. The parties will engage in discovery and proceed to a bench trial on the same schedule as set forth for the SUNco defendants in Judge Ross' 27 Order. ( Ordered by Judge Brian M. Cogan on 3/5/2025 ) (RG) |
| Docket last updated: 05/07/2025 11:59 PM EDT |
| Tuesday, May 06, 2025 | ||
| 39 | 39
motion
Appear Pro Hac Vice
Tue 05/06 5:47 PM
MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-19023599 by Solar Mosiac, LLC. (Petersen, Shannon) |
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Att: 1
Declaration In Support of Motion to Admit Pro Hac Vice,
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Att: 2
Exhibit Certificate of Good Standing
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| Thursday, April 24, 2025 | ||
| 38 | 38
motion
Extension of Time to Complete Discovery
Thu 04/24 3:26 PM
Joint MOTION for Extension of Time to Complete Discovery by ATTYX LLC, ATTYX, LLC d/b/a SUNco Capital and SUNco Solar, SUNCo Capital, LLC. (Loglisci, David) |
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order
Order on Motion for Extension of Time to Complete Discovery
Thu 04/24 3:48 PM
ORDER granting38 . Depositions to be completed by 5/30/2025; premotion conference letters to be filed by 6/18/2025. Ordered by Judge Brian M. Cogan on 4/24/2025. (PW) |
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| Friday, April 04, 2025 | ||
| 37 | 37
misc
Letter
Fri 04/04 11:34 AM
Letter Re: Joining Motion to Compel Arbitration by Regions/Enerbank USA d/b/a EnerBank USA (Jacob, Leah) |
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order
Order(Other) 1 - Terminate Hearings
Fri 04/04 2:42 PM
ORDER. The Court having been advised by defendant Regions that it intends to join SUNCo's motion to compel arbitration, the Initial Status Conference set for 4/7/2025 is cancelled. Ordered by Judge Brian M. Cogan on 4/4/2025. (PW) |
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| Monday, March 31, 2025 | ||
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order
Order on Motion for Extension of Time to Answer Scheduling Order
Mon 03/31 11:55 AM
ORDER granting36 . Defendant Regions/Enerbank USA d/b/a EnerBank USA's time to answer is extended to 4/28/2025. However, by 4/4/2025, defendant shall file a letter with the Court indicating whether it will join the other defendants' motions to compel arbitration. If defendant does not intend to move to compel arbitration, this Court will hold a telephonic Initial Status Conference on 4/7/2025 at 10:00 am, at which the Court will set a schedule for discovery on the merits. The parties are directed to call 571-353-2301 and enter Meeting ID 949146687#. Ordered by Judge Brian M. Cogan on 3/31/2025. (PW) |
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| Thursday, March 27, 2025 | ||
| 36 | 36
motion
Extension of Time to File Answer
Thu 03/27 4:05 PM
Letter MOTION for Extension of Time to File Answer re8 Amended Complaint,, by Regions/Enerbank USA d/b/a EnerBank USA. (Jacob, Leah) |
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| Monday, March 24, 2025 | ||
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order
Order on Motion for Extension of Time to Answer
Mon 03/24 11:15 AM
ORDER granting35 . Defendant Regions/Enerbank USA d/b/a EnerBank USA's time to answer is extended to 3/28/2025. Ordered by Judge Brian M. Cogan on 3/24/2025. (PW) |
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| Friday, March 21, 2025 | ||
| 35 | 35
motion
Extension of Time to File Answer
Fri 03/21 3:49 PM
Letter MOTION for Extension of Time to File Answer re8 Amended Complaint,, from 3/21/2025 to 3/28/2025 by Regions/Enerbank USA d/b/a EnerBank USA. (Jacob, Leah) |
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| Wednesday, March 05, 2025 | ||
| 34 | 34
9
pgs
order
Order on Motion to Compel Order on Motion to Stay
Wed 03/05 3:29 PM
MEMORANDUM DECISION AND ORDER that Mosaic and WebBank's21 motion to compel arbitration is denied without prejudice to renew in light of the record and evidence developed during discovery. The parties will engage in discovery and proceed to a bench trial on the same schedule as set forth for the SUNco defendants in Judge Ross'27 Order. ( Ordered by Judge Brian M. Cogan on 3/5/2025 ) (RG) |
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| Monday, March 03, 2025 | ||
| 33 | 33
respoth
Reply in Support
Mon 03/03 5:09 PM
REPLY in Support re21 Notice of MOTION to Compel Arbitration MOTION to Stay Proceedings filed by Solar Mosiac, LLC, Webbank. (Guite, Robert) |
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Att: 1
Declaration Supplemental Declaration of Devon Treece in Support of Defendants Solar Mosaic LLC's and Webbank's Motion to Compel Arbitration and Stay Proceedings,
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Att: 2
Exhibit C - DocuSign Certificate of Completion,
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Att: 3
Exhibit D - Mosaic Records,
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Att: 4
Exhibit E - Loan Closing Certificate
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| Friday, February 28, 2025 | ||
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order
Order on Motion for Extension of Time to Answer
Fri 02/28 2:05 PM
ORDER granting31 . Defendant Regions/Enerbank USA d/b/a EnerBank USA's time to answer is extended to 3/21/2025. Ordered by Judge Brian M. Cogan on 2/28/2025. (PW) |
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| Friday, February 21, 2025 | ||
| 32 | 32
respm
Affidavit/Declaration in Opposition to Motion Memorandum in Opposition
Fri 02/21 5:42 PM
MEMORANDUM in Opposition re21 Notice of MOTION to Compel Arbitration MOTION to Stay Proceedings In Opposition , AFFIDAVIT/DECLARATION in Opposition re21 Notice of MOTION to Compel Arbitration MOTION to Stay Proceedings In Opposition filed by Sheila Simmons. (Matai-Sanchez, Rruhija) |
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Att: 1
Affidavit Affidavit of Sheila Simmons in Opposition to Mosaic's Motion to Compel,
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Att: 2
Exhibit Exhibit A: SUNco Contract
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| 31 | 31
motion
Extension of Time to File Answer
Fri 02/21 12:26 PM
Consent MOTION for Extension of Time to File Answer re8 Amended Complaint,, from 2/21/25 to 3/21/25 by Regions/Enerbank USA d/b/a EnerBank USA. (Jacob, Leah) |
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| 30 | 30
notice
Notice of Appearance
Fri 02/21 12:24 PM
NOTICE of Appearance by Leah Nicole Jacob on behalf of Regions/Enerbank USA d/b/a EnerBank USA (aty to be noticed) (Jacob, Leah) |
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order
Order Reassigning Case
Fri 02/21 11:28 AM
ORDER REASSIGNING CASE. Case reassigned to Judge Brian M. Cogan for all further proceedings. Judge Allyne R. Ross no longer assigned to 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.Ordered by Chief Judge Margo K. Brodie on 2/21/2025. (CV) |
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utility
Case No Longer Referred
Fri 02/21 11:28 AM
Case no longer referred to Magistrate Judge Lois Bloom. (CV) |
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order
Order on Motion for Joinder Scheduling Order
Fri 02/21 12:29 PM
SCHEDULING ORDER: All deadlines set by Judge Ross remain the same. It is further ORDERED that defendant WebBank's29 motion to join defendant Solar Mosaic LLC's motion to compel arbitration is granted. Ordered by Judge Brian M. Cogan on 2/21/2025. (PW) |
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| Wednesday, February 19, 2025 | ||
| 29 | 29
motion
Joinder
Wed 02/19 12:46 PM
MOTION for Joinder to Defendant Solar Mosaic LLC's Motion to Compel Arbitration and Stay Proceedings by Webbank. (Guite, Robert) |
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| Tuesday, February 18, 2025 | ||
| 28 | 28
misc
Affidavit/Affirmation
Tue 02/18 12:21 PM
AFFIDAVIT/AFFIRMATION re27 Order on Motion for Pre Motion Conference Service of Order on Defendants EnerBank and WebBank by Marie Lauture, Sheila Simmons (Salzman, Leslie) |
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| Monday, February 10, 2025 | ||
| 27 | 27
7
pgs
order
Order on Motion for Pre Motion Conference
Mon 02/10 4:03 PM
ORDER granting18 Motion for Pre Motion Conference. The parties are directed to proceed in accordance with the attached order. Ordered by Judge Allyne R. Ross on 2/10/2025. (HTK) |
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order
Order on Motion for Limited Admission
Mon 02/10 12:34 PM
ORDER granting26 Motion for Limited Admission; granting25 Motion for Limited Admission. Ordered by Judge Allyne R. Ross on 2/10/2025. (HTK) |
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| Friday, February 07, 2025 | ||
| 26 | 26
motion
Limited Admission
Fri 02/07 12:00 PM
MOTION for Limited Admission Student Appearance by Dina Doctoroff on behalf of Plaintiffs Simmons and Lauture by Sheila Simmons, Marie Lauture. (Salzman, Leslie) |
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Att: 1
Supplement Doctoroff Request for Student Appearance on behalf of Plaintiff Lauture
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| 25 | 25
motion
Limited Admission
Fri 02/07 11:57 AM
MOTION for Limited Admission Student Appearance by Jacqueline Karp for Plaintiffs Lauture and Simmons by Sheila Simmons, Marie Lauture. (Salzman, Leslie) |
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Att: 1
Supplement Karp request for student appearance by Pleaintiff Lauture
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| Thursday, February 06, 2025 | ||
| 24 | 24
misc
Proposed Scheduling Order
Thu 02/06 7:30 AM
Proposed Scheduling Order for Discovery Prior to Limited Bench Trial by Sheila Simmons, Marie Lauture (Salzman, Leslie) |
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| Wednesday, February 05, 2025 | ||
| 23 | 23
notice
Notice of Appearance
Wed 02/05 12:52 PM
NOTICE of Appearance by Sophia Louise Cahill on behalf of Solar Mosiac, LLC (aty to be noticed) (Cahill, Sophia) |
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| Friday, January 31, 2025 | ||
| 22 | 22
misc
Corporate Disclosure Statement
Fri 01/31 2:14 PM
Corporate Disclosure Statement by Solar Mosiac, LLC (Guite, Robert) |
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| 21 | 21
motion
Compel Stay
Fri 01/31 2:12 PM
Notice of MOTION to Compel Arbitration , MOTION to Stay Proceedings by Solar Mosiac, LLC. (Guite, Robert) |
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Att: 1
Memorandum in Support of Motion to Compel Arbitration and to Stay Proceedings.,
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Att: 2
Declaration of Devon Treece in support of Motion to Compel Arbitration and to Stay Proceedings.,
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Att: 3
Exhibit A- Loan Agreement,
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Att: 4
Exhibit B-Sheila Summons-Welcome Call Transcript.,
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Att: 5
Proposed Order re: Motion to Compel Arbitration and to Stay Proceedings.
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| Tuesday, January 28, 2025 | ||
| 20 | 20
misc
Letter
Tue 01/28 2:17 PM
Letter in Opposition to Pre-Motion Letter Compel Arbitration by Sheila Simmons, Marie Lauture (Salzman, Leslie) |
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| Thursday, January 23, 2025 | ||
| 19 | 19
notice
Notice of Appearance
Thu 01/23 11:23 AM
NOTICE of Appearance by Rruhija Matai-Sanchez on behalf of All Plaintiffs (aty to be noticed) (Matai-Sanchez, Rruhija) |
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| Tuesday, January 21, 2025 | ||
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notice
Notice(Other)
Tue 01/21 3:26 PM
NOTICE. Defendant has submitted a letter requesting a pre-motion conference regarding an anticipated motion to compel arbitration. Plaintiffs' counsel is reminded that, under Judge Ross's Individual Motion Practices, plaintiffs are required to file a responsive letter addressing the legal and factual bases of the anticipated motion within seven business days from service of defendant's letter. (HTK) |
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| Thursday, January 16, 2025 | ||
| 18 | 18
motion
Pre Motion Conference
Thu 01/16 12:45 PM
Letter MOTION for pre motion conference re8 Amended Complaint,, by SUNCo Capital, LLC, ATTYX LLC, ATTYX, LLC d/b/a SUNco Capital and SUNco Solar. (Loglisci, David) |
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Att: 1
Exhibit Amended Complaint,
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Att: 2
Exhibit Lauture Contract,
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Att: 3
Simmons Contract
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| Thursday, January 02, 2025 | ||
| 17 | 17
service
Summons Returned Executed
Thu 01/02 1:04 PM
SUMMONS Returned Executed by Marie Lauture, Sheila Simmons. ATTYX LLC served on 12/5/2024, answer due 12/26/2024; ATTYX, LLC d/b/a SUNco Capital and SUNco Solar served on 12/5/2024, answer due 1/27/2025. (Salzman, Leslie) |
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| 16 | 16
service
Summons Returned Executed
Thu 01/02 1:01 PM
SUMMONS Returned Executed by Marie Lauture, Sheila Simmons. SUNCo Capital, LLC served on 12/6/2024, answer due 12/27/2024. (Salzman, Leslie) |
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Att: 1
Affidavit of Service Affidavit of Service by Mail
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| Tuesday, December 31, 2024 | ||
| 15 | 15
service
Summons Returned Executed
Tue 12/31 5:36 PM
SUMMONS Returned Executed by Marie Lauture, Sheila Simmons. Regions/Enerbank USA d/b/a EnerBank USA served on 12/6/2024, answer due 12/27/2024. (Salzman, Leslie) |
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| 14 | 14
service
Summons Returned Executed
Tue 12/31 5:24 PM
SUMMONS Returned Executed by Marie Lauture, Sheila Simmons. Webbank served on 12/6/2024, answer due 12/27/2024. (Salzman, Leslie) |
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Att: 1
Affidavit of Service Affidavit of Service by Mail on WebBank
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| Wednesday, December 18, 2024 | ||
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order
Order on Motion for Extension of Time to Answer
Wed 12/18 6:50 PM
ORDER: Defendants SUNCo Capital, LLC and ATTYX, LLC request, with plaintiff's consent, an extension of time to respond to plaintiff's amended complaint. ECF No.13 . The request is granted. SUNCo Capital, LLC and ATTYX, LLC shall respond to the amended complaint by January 27, 2025. Ordered by Magistrate Judge Lois Bloom on 12/18/2024. (JS) |
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| Tuesday, December 17, 2024 | ||
| 13 | 13
motion
Extension of Time to File Answer
Tue 12/17 9:55 AM
MOTION for Extension of Time to File Answer re8 Amended Complaint,, by SUNCo Capital, LLC, ATTYX LLC, ATTYX, LLC d/b/a SUNco Capital and SUNco Solar. (Loglisci, David) |
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| Thursday, December 05, 2024 | ||
| 12 | 12
service
Waiver of Service Executed
Thu 12/05 5:51 PM
WAIVER OF SERVICE Returned Executed by Marie Lauture, Sheila Simmons. Solar Mosiac, LLC waiver sent on 12/3/2024, answer due 2/3/2025. (Salzman, Leslie) |
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| Wednesday, December 04, 2024 | ||
| 11 | 11
misc
Proposed Summons/Civil Cover Sheet
Wed 12/04 1:53 PM
Civil Cover Sheet.. by Sheila Simmons, Marie Lauture (Salzman, Leslie) |
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| Wednesday, November 27, 2024 | ||
| 10 | 10
service
Summons Issued
Wed 11/27 9:34 AM
Summons Issued as to ATTYX LLC, ATTYX, LLC d/b/a SUNco Capital and SUNco Solar, Enterbank USA, Regions/Enerbank USA d/b/a EnerBank USA, SUNCo Capital, LLC, Solar Mosiac, LLC, Webbank. (RG) |
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| Tuesday, November 26, 2024 | ||
| 9 | 9
misc
Proposed Summons/Civil Cover Sheet
Tue 11/26 11:24 AM
Proposed Summons. Re8 Amended Complaint,, by Sheila Simmons, Marie Lauture (Salzman, Leslie) |
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misc
Quality Control Check - Summons
Tue 11/26 10:48 AM
Your proposed summons was not issued for one of the following reasons: Did not use the correct Summons form AO 440 Rev 6/12, SUMMONS IN A CIVIL ACTION or AO 441 Rev 7/10, SUMMONS ON A THIRD-PARTY COMPLAINT., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. Your proposed summons was not issued for one of the following reasons: The CLERK OF COURT name needs to be updated. As of 2/1/2022, Brenna B. Mahoney is the Clerk of Court. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (RG) |
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| Monday, November 25, 2024 | ||
| 8 | 8
cmp
Amended Complaint
Mon 11/25 6:27 PM
AMENDED COMPLAINT against SUNCo Capital, LLC, Solar Mosiac, LLC, ATTYX LLC, ATTYX, LLC d/b/a SUNco Capital and SUNco Solar, Webbank, Regions/Enerbank USA d/b/a EnerBank USA, filed by Sheila Simmons, Marie Lauture. (Salzman, Leslie) |
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Att: 1
Exhibit Exhibit A. 9/5/22 Lauture (EnerBank) Loan Agreement,
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Att: 2
Exhibit Exhibit B Simmons Home Photographs,
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Att: 3
Exhibit Exhibit C Simmons (Mosaic) 8/19/2024 Billing Statement,
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Att: 4
Exhibit Exhibit D Simmons (WebBank) 10/10/2023 Loan Agreement,
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Att: 5
Proposed Summons Proposed Amended Summons
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| Wednesday, October 16, 2024 | ||
| 7 | 7
2
pgs
order
Order on Motion for Refund of Fees Paid Electronically
Wed 10/16 7:52 AM
APPROVAL re6 Motion for Refund of Fees Paid Electronically. Signed Brenna B. Mahoney, Clerk of Court by Tiffeny Lee-Harris, Case Administration Manager on 10/16/2024. (TLH) |
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| Tuesday, October 15, 2024 | ||
| 6 | 6
motion
Refund of Fees Paid Electronically
Tue 10/15 12:25 PM
MOTION for Refund of Fees Paid Electronically by Sheila Simmons. (Salzman, Leslie) |
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| Friday, October 11, 2024 | ||
| 5 | 5
misc
Quality Control Check - Attorney Case Opening
Fri 10/11 11:08 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
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| 4 | 4
misc
Clerks Notice of Rule 73
Fri 10/11 11:07 AM
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] (SDM) |
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utility
Case Assigned/Reassigned
Fri 10/11 11:05 AM
Case Assigned to Judge Allyne R. Ross and Magistrate Judge Lois Bloom. 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. (SDM) |
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| Thursday, October 10, 2024 | ||
| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Thu 10/10 6:16 PM
Summons Issued as to ATTYX New York LLC, Enterbank USA, SUNCo Capital, LLC, Solar Mosiac, LLC. (SDM) |
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| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Thu 10/10 4:46 PM
by Marie Lauture, Sheila Simmons (Salzman, Leslie) |
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notice
Notice: Re: Incomplete Civil Cover Sheet
Thu 10/10 2:33 PM
NOTICE! Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit a COMPLETED SECOND PAGE of the Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
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| Wednesday, October 09, 2024 | ||
| 1 | 1
cmp
Complaint
Wed 10/09 10:54 PM
COMPLAINT against All Plaintiffs filing fee $ 405, receipt number ANYEDC-18372957 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Sheila Simmons, Marie Lauture. (Salzman, Leslie) |
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Att: 1
Civil Cover Sheet
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