Lehrer v. J&M Monitoring, Inc. et al

New York Southern District Court
Judge:	Kenneth M Karas
Referred:	Judith C Mccarthy
Case #:	7:20-cv-06956
Nature of Suit	190 Contract - Other Contract
Cause	28:1332bc Diversity-Breach of Contract

Case Filed:	Aug 27, 2020
Terminated:	Jul 01, 2022

Docket
Parties (3)

Last checked: Wednesday Feb 24, 2021 4:12 AM EST

Defendant J&M Monitoring, Inc. 251 Tollage Creek Road Pikeville, KY 41501	Represented By Daniel Goldsmith Ruggiero Law Office Of Daniel G. Ruggiero contact info
Defendant James A Patton
Plaintiff Moshe Lehrer 12 Rockingham Road Spring Valley, NY 10977	Represented By Brian K Condon Condon Paxos PLLC contact info

Docket last updated: 5 hours ago

Tuesday, July 05, 2022
		misc Received Acknowledgment (Electronic Case Transfer) Tue 07/05 10:37 AM Received e-mail from the United States District Court - Eastern District of Kentucky acknowledging receipt of transferred case. Assigned Case Number: 7:22-cv-00061, filed on 7/1/2022. (vba) Related: [-]
Friday, July 01, 2022
32		32 27 pgs order Memorandum & Opinion Fri 07/01 11:54 AM OPINION & ORDER re:29 MOTION to Dismiss Improper Venue . filed by J&M Monitoring, Inc., James A Patton. Defendants' Motions to Amend its Answer and to Dismiss for Improper Venue are denied in part and granted in part. The Court concludes that the case should be transferred to the Eastern District of Kentucky. The Clerk of Court is respectfully requested to terminate the pending Motions, (Dkt. No. 29), and transfer the case to the Eastern District of Kentucky forthwith. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/1/22) (yv) Related: [-]
		transfer Case Transferred Out - District Transfer Fri 07/01 11:56 AM CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of Kentucky.(yv) Related: [-]
Wednesday, November 03, 2021
31		31 respm Response in Opposition to Motion Wed 11/03 4:58 PM RESPONSE in Opposition to Motion re:29 MOTION to Dismiss Improper Venue . Affidavit of Moshe Lehrer . Document filed by Moshe Lehrer..(Condon, Brian) Related: [-]
		Att: 1 2 pgs Exhibit Exhibit A - Copy of Moshe Lehrer Driver's License,
		Att: 2 Exhibit Exhibit B - Copy of Complaint
Wednesday, October 13, 2021
30		30 respm Affirmation in Support of Motion Wed 10/13 5:47 PM AFFIRMATION of Daniel G. Ruggiero, Esq. in Support re:29 MOTION to Dismiss Improper Venue .. Document filed by J&M Monitoring, Inc., James A Patton..(Ruggiero, Daniel) Related: [-]
		Att: 1 Exhibit A - Contract,
		Att: 2 Exhibit B- Sunbiz,
		Att: 3 Exhibit C - Kentucky Sec of State,
		Att: 4 Exhibit D - Affidavit of James Patten
29		29 motion Dismiss Wed 10/13 5:39 PM MOTION to Dismiss Improper Venue . Document filed by J&M Monitoring, Inc., James A Patton. Responses due by 10/19/2021 Return Date set for 11/3/2021 at 11:59 PM..(Ruggiero, Daniel) Related: [-]
Monday, September 27, 2021
		misc Notice to Attorney to Re-File Document - Deficient Docket Entry Error Mon 09/27 12:06 PM ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Daniel Goldsmith Ruggiero to RE-FILE Document 28 MOTION to Dismiss Improper Venue. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) Related: [-]
Sunday, September 19, 2021
28		28 motion Dismiss Sun 09/19 6:23 PM MOTION to Dismiss Improper Venue . Document filed by J&M Monitoring, Inc., James A Patton. Responses due by 10/19/2021 Return Date set for 11/3/2021 at 11:59 PM..(Ruggiero, Daniel) Related: [-]
		Att: 1 Exhibit A - Contract,
		Att: 2 Exhibit B- Florida Sec of State,
		Att: 3 Exhibit C - Kentucky Sec of State,
		Att: 4 Exhibit D- Aff of James Patton
Thursday, August 26, 2021
27		27 order Memo Endorsement ~Util - Set Deadlines Thu 08/26 10:55 AM MEMO ENDORSEMENT on re:26 Letter Response to Plaintiff's Letter, filed by J&M Monitoring, Inc., James A Patton. ENDORSEMENT: Defense Motion to Dismiss/Transfer is due 9/19/21. Plaintiff's response is due 10/19/21. Defense reply is due 11/3/21. So Ordered., ( Motions due by 9/19/2021., Responses due by 10/19/2021, Replies due by 11/3/2021.) (Signed by Judge Kenneth M. Karas on 8/19/21) (yv) Related: [-]
Thursday, April 08, 2021
22		22 order Memo Endorsement 1 - Terminate Deadlines Thu 04/08 1:18 PM MEMO ENDORSEMENT on re:21 Letter filed by J&M Monitoring, Inc., James A Patton. ENDORSEMENT: Granted. The Court wishes Mr. Ruggiero a speedy and complete recovery. (Signed by Judge Kenneth M. Karas on 4/8/2021) (mro) Related: [-]
21		21 misc Letter Thu 04/08 11:59 AM LETTER addressed to Judge Kenneth M. Karas from Both Parties dated 4/8/2021 re: Discovery Deadline Extension. Document filed by J&M Monitoring, Inc., James A Patton..(Ruggiero, Daniel) Related: [-]
Monday, March 29, 2021
20		20 order Memo Endorsement ~Util - Set Deadlines Mon 03/29 2:21 PM MEMO ENDORSEMENT on re:19 Status Report filed by J&M Monitoring, Inc., James A Patton. ENDORSEMENT: SO ORDERED: Discovery is currently scheduled to end on April 9, 2021. The parties are directed to write to the Court on April 12, 2021 confirming that discovery is complete. Any request for additional time to complete discovery must be made to Judge Karas pursuant to Paragraph 15 of his Case Management and Scheduling Order, (Docket No. 17). All dispositive motions must be made to Judge Karas, and the parties are directed to consult Judge Karas' individual practices before filing any motions. (Discovery due by 4/9/2021.) (Signed by Magistrate Judge Judith C. McCarthy on 3/29/2021) (mml) Related: [-]
Friday, March 26, 2021
19		19 misc Status Report Fri 03/26 10:24 AM STATUS REPORT. Document filed by J&M Monitoring, Inc., James A Patton..(Ruggiero, Daniel) Related: [-]
Friday, March 05, 2021
		minutes Telephone Conference Fri 03/05 1:18 PM Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on March 5, 2021. The deadline to complete fact discovery is extended to April 9, 2021. The parties are directed to submit a joint letter regarding the status of settlement by March 26, 2021. (Court Reporter AT&T Recording) (jah) Related: [-]
Friday, February 19, 2021
		minutes Telephone Conference ~Util - Set Hearings Fri 02/19 10:50 AM Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on February 19, 2021. Next Telephone Conference scheduled for March 5, 2021 at 11:00 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall call 877-873-8017 and enter access code 4264138 at the time of the conference. (Court Reporter AT&T Recording) (jah) Related: [-]
Friday, January 22, 2021
		minutes Telephone Conference ~Util - Set Hearings Fri 01/22 3:08 PM Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on January 22, 2021. Next Telephone Conference scheduled for February 19, 2021 at 10:30 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall call 877-873-8017 and enter access code 4264138 at the time of the conference. (Court Reporter AT&T Recording) (jah) Related: [-]
Friday, January 15, 2021
18		18 misc Letter Fri 01/15 11:20 AM LETTER addressed to Magistrate Judge Judith C. McCarthy from Daniel G. Ruggiero, Esq. dated 01/15/2021 re: Hearing Appearance. Document filed by James A Patton..(Ruggiero, Daniel) Related: [-]
Wednesday, January 13, 2021
		minutes Telephone Conference ~Util - Set Hearings Wed 01/13 12:06 PM Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on January 13, 2021. Counsel for Defendants did not appear and is directed to explain his failure to do so, in writing, by January 15, 2021. Telephone Conference adjourned to January 22, 2021 at 2:30 p.m. before Magistrate Judge Judith C. McCarthy. Counsel shall call 877-873-8017 and enter access code 4264138 at the time of the conference. (jah) Related: [-]
Friday, December 11, 2020
17		17 order Case Management Plan Fri 12/11 10:18 AM CASE MANAGEMENT AND SCHEDULING ORDER : This case is not to be tried to a jury. Deposition due by 3/26/2021. Fact Discovery due by 3/26/2021. Parties have conferred and their present best estimate of the length of trial is 2 days. There will be no extensions of the deadline for completion of discovery past the date discovery is scheduled to be completed in this Order without the permission of the Court, nor should counsel assume that any extensions will be granted. Counsel may seek permission for extension of interim discovery deadlines from the magistrate judge to whom the case is referred. Counsel may seek permission for an extension of the deadline for completion of discovery past the date discovery is scheduled to be completed in this Order only after consenting to allowing the magistrate judge to handle the case for all purposes. Case Management Conference set for 4/27/2021 at 11:00 AM before Judge Kenneth M. Karas. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/10/20) (yv) Related: [-]
Thursday, December 10, 2020
16		16 2 pgs order Order Thu 12/10 5:12 PM ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: as further set forth herein. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 12/10/2020) (kv) Related: [-]
15		15 order Scheduling Order Thu 12/10 5:07 PM SCHEDULING ORDER: The Court has scheduled a Telephone Conference for January 13, 2021 at 11:30 a.m. before Magistrate Judge Judith C. McCarthy. The parties shall call the following number at the time of the conference: Toll-Free Number: 877-873-8017, Access Code: 4264138. SO ORDERED. Telephone Conference set for 1/13/2021 at 11:30 AM before Magistrate Judge Judith C. McCarthy. (Signed by Magistrate Judge Judith C. McCarthy on 12/10/2020) (kv) Related: [-]
14		14 1 pgs order Order Referring Case to Magistrate Judge Thu 12/10 10:48 AM ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Judith C. McCarthy. (Signed by Judge Kenneth M. Karas on 12/10/2020) (mml) Related: [-]
Wednesday, December 09, 2020
13		13 misc Proposed Scheduling Order Wed 12/09 4:37 PM PROPOSED SCHEDULING ORDER. Document filed by Moshe Lehrer..(Condon, Brian) Related: [-]
12		12 discov Rule 26 Disclosure Wed 12/09 3:56 PM RULE 26 DISCLOSURE.Document filed by Moshe Lehrer..(Condon, Brian) Related: [-]
		Att: 1 Affidavit Certificate of Service
Monday, December 07, 2020
		minutes Pretrial Conference - Initial Mon 12/07 4:49 PM Minute Entry for proceedings held before Judge Kenneth M. Karas: Initial Pretrial Conference held on 12/3/2020. Brian Condon appeared on behalf of Plaintiff. Daniel Ruggiero appeared on behalf of Defendants. No court reporter served. The parties will submit a proposed case management order by December 10, 2020. (ANR) Related: [-]
Wednesday, November 25, 2020
11		11 2 pgs order Order Sat 11/28 8:47 PM NOTICE OF TELECONFERENCE INFORMATION: For the week of November 30, 2020, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749, Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/25/2020) (ama) Related: [-]
Wednesday, November 18, 2020
10		10 1 pgs order Order for Initial Pretrial Conference Wed 11/18 2:34 PM CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for an initial conference before the Honorable Kenneth M. Karas, United States District Judge, on Thursday, December 3, 2020 at 11:30 a.m. NOTICE OF TELECONFERENCE INFORMATION: Counsel shall call the following numberat the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign(#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the prose party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. Initial Conference set for 12/3/2020 at 11:30 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 11/18/2020) (ama) Related: [-]
Tuesday, October 27, 2020
9		9 answer Answer to Complaint Tue 10/27 4:29 PM ANSWER to1 Complaint. Document filed by J&M Monitoring, Inc...(Ruggiero, Daniel) Related: [-]
		Att: 1 Affidavit Certificate of Service
Tuesday, September 22, 2020
8		8 service Affidavit of Service Complaints Tue 09/22 12:43 PM AFFIDAVIT OF SERVICE of Summons and Complaint. J&M Monitoring, Inc. served on 9/16/2020, answer due 10/7/2020. Service was accepted by Doris Hamblin, Secretary. Document filed by Moshe Lehrer..(Condon, Brian) Related: [-]
7		7 service Affidavit of Service Complaints Tue 09/22 12:40 PM AFFIDAVIT OF SERVICE of Summons and Complaint. James A Patton served on 9/16/2020, answer due 10/7/2020. Service was accepted by Doris Hamblin, Secretary. Document filed by Moshe Lehrer..(Condon, Brian) Related: [-]
Monday, August 31, 2020
6		6 service Summons Issued Mon 08/31 9:30 AM ELECTRONIC SUMMONS ISSUED as to James A Patton..(pc) Related: [-]
Friday, August 28, 2020
5		5 misc Civil Cover Sheet Fri 08/28 1:33 PM CIVIL COVER SHEET filed..(Condon, Brian) Related: [-]
4		4 service Request for Issuance of Summons Fri 08/28 12:09 PM REQUEST FOR ISSUANCE OF SUMMONS as to James A. Patton, re:1 Complaint. Document filed by Moshe Lehrer..(Condon, Brian) Related: [-]
3		3 service Summons Issued Fri 08/28 10:58 AM ELECTRONIC SUMMONS ISSUED as to J&M Monitoring, Inc...(pne) Related: [-]
		misc Notice to Attorney to Submit/File Civil Cover Sheet Fri 08/28 10:56 AM ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Brian K Condon. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pne) Related: [-]
		notice Case Opening Initial Assignment Notice Fri 08/28 10:57 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pne) Related: [-]
		utility Case Designation Fri 08/28 10:57 AM Magistrate Judge Judith C. McCarthy 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] . (pne) Related: [-]
		utility Case Designated ECF Fri 08/28 10:57 AM Case Designated ECF. (pne) Related: [-]
Thursday, August 27, 2020
2		2 service Request for Issuance of Summons Thu 08/27 5:07 PM REQUEST FOR ISSUANCE OF SUMMONS as to J&M Monitoring, Inc., re:1 Complaint. Document filed by Moshe Lehrer..(Condon, Brian) Related: [-]
1		1 cmp Complaint Thu 08/27 4:52 PM COMPLAINT against J&M Monitoring, Inc., James A Patton. (Filing Fee $ 400.00, Receipt Number ANYSDC-21365403)Document filed by Moshe Lehrer..(Condon, Brian) Related: [-]

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