Plex Capital, LLC v. Hazel Street Operations, LLC et al
| Plex Capital, LLC |
| Hazel Street Operations, LLC doing business as Atlas Rehabilitation and Healthcare at Daughters of Miriam and Avrohom Auspitz |
| All Hearts Healthcare Staffing Agency LLC |
| 2:2024cv05785 |
| May 1, 2024 |
| US District Court for the District of New Jersey |
| Stanley R Chesler |
| Leda D Wettre |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 1, 2024. A more recent docket listing may be available from PACER.
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| Filing 41 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (jr) |
| Filing 40 Certified Copy of Transfer Order and docket received, Case transferred in from District of Georgia Northern; Case Number 1:23-cv-05605. Original file certified copy of transfer order and docket sheet received. |
Filing 39
ORDER: The Parties' Joint Motion to Transfer, Dkt. #38 , is GRANTED. This case is hereby TRANSFERRED to the United States District Court for the District of New Jersey. It is further ordered that Defendants' Motion to Dismiss or for a Transfer of Venue, Dkt. #31 , is hereby DENIED AS MOOT with respect to the request to transfer and DENIED WITHOUT PREJUDICE in all other respects. Signed by Judge Leigh Martin May on 05/01/2024. (tht)
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| Filing 38 Joint MOTION to Transfer Case to the United States District Court for the District of New Jersey by Avrohom Auspitz, Hazel Street Operations, LLC. (Attachments: #1 Text of Proposed Order)(Caplan, Kana Anne) |
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Filing 37
ORDER granting #36 Motion for Extension of Time. The deadline for Plaintiff to respond to Defendants' Motion to Dismiss or for a Transfer of Venue is extended up to and including May 7, 2024. The deadline for Defendants' to file a reply brief in further support of their Motion to Dismiss or for a Transfer of Venue is extended up to and including June 6, 2024. Signed by Judge Leigh Martin May on 05/01/2024. (tht)
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| Case assigned to Judge Stanley R. Chesler and Magistrate Judge Leda D. Wettre. (jr) |
| Filing 36 Joint MOTION for Extension of Time of Deadlines For Response and Reply Briefs on Defendants' Motion to Dismiss or For Transfer of Venue by Avrohom Auspitz, Hazel Street Operations, LLC. (Attachments: #1 Text of Proposed Order)(Caplan, Kana Anne) |
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Filing 35
ORDER granting #34 Motion for Extension of Time. The Court extends the deadline for Plaintiff to respond to Defendants' Motion to Dismiss or for a Transfer of Venue up to and including April 30, 2024; and extends the deadline for Defendants' to file a reply brief in further support of their Motion to Dismiss or for a Transfer of Venue up to and including May 30, 2024. Signed by Judge Leigh Martin May on 04/16/2024. (tht)
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| Filing 34 Joint MOTION for Extension of Time for Responses and Reply Briefs on Defendants' Motion to Dismiss or For a Transfer of Venue re: #31 MOTION to Dismiss or for a Transfer of Venue MOTION to Change Venue by Plex Capital, LLC. (Attachments: #1 Text of Proposed Order)(Fox, Benjamin) |
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Filing 33
ORDER granting #32 Motion for Extension of Time. The time for Plaintiff to respond to Defendants' Motion to Dismiss or for a Transfer of Venue is extended up to and including April 16, 2024. Signed by Judge Leigh Martin May on 03/25/2024. (tht)
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| Filing 32 Consent MOTION for Extension of Time to Respond to #31 Defendants' Motion to Dismiss or for a Transfer of Venue by Plex Capital, LLC. (Attachments: #1 Text of Proposed Order)(Fox, Benjamin) |
| Submission of #19 Order to Show Cause to District Judge Leigh Martin May. (bnp) |
| Filing 31 MOTION to Dismiss or for a Transfer of Venue by Avrohom Auspitz, Hazel Street Operations, LLC. (Attachments: #1 Memorandum of Law, #2 Exhibit 1 - Declaration of Michelle Reich, #3 Exhibit 2 - Declaration of Avrohom Auspitz)(Caplan, Kana Anne) . Added MOTION to Change Venue on 3/13/2024 (tht). |
| Filing 30 Notice for Leave of Absence for the following date(s): March 27-29, 2024, April 1-5, 2024, June 10-24, 2024, June 28 - July 5, 2024, by Kana Anne Ellis Caplan. (Caplan, Kana Anne) |
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Filing 29
ORDER granting #28 Motion for Leave to File Excess Pages. Defendants shall have thirty (30) pages to respond to Plaintiff's Amended Complaint, Dkt. #20 . Signed by Judge Leigh Martin May on 03/05/2024. (tht)
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| Filing 28 Consent MOTION for Leave to File Excess Pages by Avrohom Auspitz, Hazel Street Operations, LLC. (Attachments: #1 Text of Proposed Order)(Caplan, Kana Anne) |
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Filing 27
ORDER: MOTION to Dismiss, Dkt. #14 , is DENIED as moot. Signed by Judge Leigh Martin May on 02/28/2024. (tht)
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| Submission of #14 MOTION to Dismiss or MOTION to Change Venue, to District Judge Leigh Martin May. (bnp) |
| Filing 26 Amended Statement of Facts Establishing Citizenship of Parties by Plex Capital, LLC re #19 Order to Show Cause, (Fox, Benjamin) |
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Filing 25
ORDER granting #24 Motion for Extension of Time to File an Answer. The time for Defendants to respond to Plaintiff's First Amended Complaint up to and including March 12, 2024. Signed by Judge Leigh Martin May on 02/23/2024. (tht)
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| Filing 24 Consent MOTION for Extension of Time to Respond re: #20 Amended Complaint,, by Avrohom Auspitz, Hazel Street Operations, LLC. (Attachments: #1 Text of Proposed Order)(Caplan, Kana Anne) |
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Filing 23
ORDER granting #21 Motion for Extension of Time. The parties are ordered to comply with the Order, Dkt. #19 , no later than February 27, 2024. Signed by Judge Leigh Martin May on 02/21/2024. (tht)
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| Filing 22 Statement of Facts Establishing Citizenship of Parties by Plex Capital, LLC re #19 Order to Show Cause,, (Fox, Benjamin) |
| Filing 21 Consent MOTION for Extension of Time to Establish Citizenship re: #19 Order to Show Cause,, by Avrohom Auspitz, Hazel Street Operations, LLC. (Attachments: #1 Text of Proposed Order)(Caplan, Kana Anne) |
| Filing 20 First AMENDED COMPLAINT against all Defendants with Jury Demand filed by Plex Capital, LLC. (Attachments: #1 Exhibit A - Accounts Purchase & Security Agreement, #2 Exhibit B - Notice of Assignment & Payment Redirection Letter, #3 Exhibit C - Client Staffing Agreement, #4 Exhibit D - Email dated 5.30.23, #5 Exhibit E - Atlas Invoices from All Hearts, #6 Exhibit F - Additional Invoices)(Fox, Benjamin) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 2/14/2024 - edit docket text (tht). |
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Filing 19
ORDER: Plaintiff is ORDERED to properly state facts establishing its citizenship and the citizenship of both defendants within 10 days of the entry of this Order. If Plaintiff does not have Defendants' information in its possession, custody, or control, then Defendants are ORDERED to provide Plaintiff with the relevant information upon request. The Clerk is DIRECTED to resubmit the matter to the undersigned 11 days after the entry of this Order. Signed by Judge Leigh Martin May on 2/9/2024. (jbu)
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Filing 18
ORDER granting #17 Consent MOTION for Extension of Time for Plaintiff to Respond to Defendants' Motion to Dismiss or for a Transfer of Venue up to and including 2/27/2024. Signed by Judge Leigh Martin May on 2/5/2024. (jbu)
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| Filing 17 Consent MOTION for Extension of Time for Plaintiff to Respond to Defendants' Motion to Dismiss or For a Transfer of Venue re: #14 MOTION to Dismiss or for Transfer of Venue MOTION to Change Venue by Plex Capital, LLC. (Attachments: #1 Text of Proposed Order)(Fox, Benjamin) |
| Filing 16 Certificate of Interested Persons and Corporate Disclosure Statement by Avrohom Auspitz, Hazel Street Operations, LLC. (Caplan, Kana Anne) |
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Filing 15
ORDER: Defendants are hereby ORDERED to file the Certificate of Interested Persons within 7 days of entry of this Order. Signed by Judge Leigh Martin May on 01/26/2024. (tht)
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| Filing 14 MOTION to Dismiss or for Transfer of Venue with Brief in Support by Avrohom Auspitz, Hazel Street Operations, LLC. (Attachments: #1 Brief, #2 Declaration of Avrohom Auspitz)(Caplan, Kana Anne) . Added MOTION to Change Venue on 1/24/2024 (tht). |
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Filing 13
ORDER granting #12 Motion for Extension of Time to Answer. Defendants Hazel Street Operations, LLC and Avrohom Auspitz shall have up to and including January 24, 2024 to answer or otherwise respond to Plaintiff's Complaint. Signed by Judge Leigh Martin May on 01/04/2024. (tht)
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| Filing 12 MOTION for Extension of Time to File Answer re #1 Complaint,, by Plex Capital, LLC. (Attachments: #1 Text of Proposed Order Granting Consent Motion for Extension of Time)(Fox, Benjamin) |
| Notification of Docket Correction re #10 Affidavit of Service and #11 Affidavit of Service. Correct event to Return of Service Executed and added answers' due date. (tht) |
| Filing 11 Return of Service Executed. Avrohom Auspitz served 12/12/2023, answer due 1/2/2024 (Fox, Benjamin) Modified on 12/20/2023 (tht). |
| Filing 10 Return of Service Executed. Hazel Street Operations, LLC served 12/12/2023, answer due 1/2/2024 (Fox, Benjamin) Modified on 12/20/2023 (tht). |
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ORAL ORDER granting #8 Application for Admission of Jared Ullman Pro Hac Vice. Ruled on by Judge Leigh Martin May on 12/19/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bnp)
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ORAL ORDER granting #9 Application for Admission of Michael Ullman Pro Hac Vice. Ruled on by Judge Leigh Martin May on 12/19/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bnp)
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| APPROVAL by Clerks Office re: #8 APPLICATION for Admission of Jared Ullman Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13102016). Attorney Jared A. Ullman added appearing on behalf of Plex Capital, LLC. E-filing access may be requested after an order granting the application is entered. (rvb) |
| APPROVAL by Clerks Office re: #9 APPLICATION for Admission of Michael Ullman Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13102141). Attorney Michael W. Ullman added appearing on behalf of Plex Capital, LLC. E-filing access may be requested after an order granting the application is entered. (rvb) |
| Filing 9 APPLICATION for Admission of Michael Ullman Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13102141).by Plex Capital, LLC. (Fox, Benjamin) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 8 APPLICATION for Admission of Jared Ullman Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13102016).by Plex Capital, LLC. (Fox, Benjamin) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 7 Certificate of Interested Persons and Corporate Disclosure Statement by Plex Capital, LLC. (Fox, Benjamin) |
| Filing 6 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Jared A. Ullman. Clerk to follow-up by 12/18/2023. (djs) |
| Filing 5 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Michael W. Ullman. Clerk to follow-up by 12/18/2023. (djs) |
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Filing 4
STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Leigh Martin May on 12/8/2023. (bnp)
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| Filing 3 Electronic Summons Issued as to Avrohom Auspitz. (jbu) |
| Filing 2 Electronic Summons Issued as to Hazel Street Operations, LLC. (jbu) |
| Filing 1 COMPLAINT filed by Plex Capital, LLC. (Filing fee $405, receipt number AGANDC-13082802) (Attachments: #1 Exhibit A - Accounts Purchase & Security Agreement, #2 Exhibit B - Notice of Assignment & Payment Redirection Letter, #3 Exhibit C - Client Staffing Agreement, #4 Exhibit D - Email dated 5.30.23, #5 Exhibit E - Atlas Invoices from All Hearts, #6 Exhibit F - Additional Invoices, #7 Civil Cover Sheet)(jbu) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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