| Court: | nysd |
| Docket #: | 1:12-cv-07926 |
| Case Name: | Powers & Merchant, PLLC v. Abbington Partners, LLC |
| PACER case #: | 403740 |
| Date filed: | 2012-10-24 |
| Date terminated: | 2012-12-07 |
| Assigned to: | Judge Paul G. Gardephe |
| Case Cause: | 09:4 Petition to order arbitration; failure to arbitrate |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | None |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| ABC Plaintiff TERMINATED: 11/19/2012 |
|
| Frank Iacono Petitioner |
Frank Iacono James DeCristofaro |
| South Haven Financial LLC Petitioner |
Frank Iacono James DeCristofaro |
| Powers & Merchant, PLLC Petitioner |
Frank Iacono James DeCristofaro |
| DEF Defendant TERMINATED: 11/19/2012 |
|
| Abbington Partners, LLC Respondent |
|
| James H. Mitchell, III Respondent |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-10-24 | 1 | 0 | ORDER, Case sealed. (Signed by Judge Colleen McMahon on 11/24/2012) (nm) (Entered: 11/14/2012) | |||
| 2012-10-24 | 2 | 0 | SEALED DOCUMENT placed in vault.(nm) (Entered: 11/16/2012) | |||
| 2012-11-19 | 3 | 0 | ORDER, It is hereby ORDERED that all documents currently filed under seal in this matter are hereby unsealed for the reasons stated in open court today. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/19/2012) (mps) (Entered: 11/19/2012) | |||
| 2012-11-19 | 4 | 0 | SEALING ORDER: It is hereby Ordered that Petitioners are granted leave to file the Petition, and all documents attached thereto, under seal until and only until such time as a judge is assigned to this case and can review the propriety of continued sealing and that the Petition and all documents attached thereto will remain under seal until the judge assigned to this case orders otherwise, with access thereto to be provided only to the Court, to the parties, and to the legal advisors of the parties in accordance with the confidentiality and arbitration agreements between the parties that are at issue in this action. The justification for filing under seal appears questionable, but this case will be wheeled out today, and the assigned judge will be in the best position to make the call. (Signed by Judge Colleen McMahon, Part I on 10/24/2012) (This document was previously filed under seal in envelope #2 and unsealed on 11/19/2012.)(mro) (Entered: 11/20/2012) | |||
| 2012-11-19 | 5 | 0 | PETITION TO COMPEL ARBITRATION..Document filed by Frank Iacono, South Haven Financial LLC, Powers & Merchant, PLLC. (This document was previously filed under seal in envelope #2 and unsealed on 11/19/2012.)(mro) (Entered: 11/20/2012) | |||
| 2012-11-19 | 6 | 0 | DECLARATION of James Decristofaro in Support of Proposed Sealing Order. Document filed by Frank Iacono, Powers & Merchant, PLLC, South Haven Financial LLC. (This document was previously filed under seal in envelope #2 and unsealed on 11/19/2012.) (mro) (Entered: 11/20/2012) | |||
| 2012-11-19 | 7 | 0 | DECLARATION of James Decristofaro. Document filed by Frank Iacono, Powers & Merchant, PLLC, South Haven Financial LLC. (This document was previously filed under seal in envelope #2 and unsealed on 11/19/2012.)(mro) (Entered: 11/20/2012) | |||
| 2012-11-19 | 8 | 0 | ORDER TO SHOW CAUSE FOR COMPELLING ARBITRATION AND SEALING OF PROCEEDINGS: It is Ordered that the above-named Respondents show cause before a motion term of this Court, at Room 6B, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on the 16th day of November, 2012, at 12:30 O'Clock in the afternoon thereof, or as soon thereafter as counsel may be heard, why an order should not be issued: 1) pursuant to 9 U.S.C. ยง 4, compelling Respondents Abbington Partners, LLC and James H. Mitchell III, to arbitrate all claims covered by the agreements between Petitioners and Respondents, as described in the Petition and attached as exhibits thereto, 2) placing all documents filed in connection with this case under seal for good cause shown, and 3) requiring Respondents to pay the fees, costs and expenses, including attorneys' fees, incurred by Petitioners in connection with this proceeding, and for such other and further relief as this Court deems just and proper; and it is further Ordered that overnight mail service a copy of this order and annexed Petition, Memorandum of Law in Support of Petition, Declaration of James DeCristofaro and the exhibits attached thereto, and the Affidavit of Frank Iacono, upon the Respondents or their counsel on or before 5:00 O'Clock in the afternoon of the 8th day of November, 2012, shall be deemed good and sufficient service thereof. Opposition papers, if any, will be served and filed by 5:00 p.m on November 13, 2012. (Signed by Judge Paul G. Gardephe on 11/8/2012) (This document was previously filed under seal in envelope #2 and unsealed on 11/19/2012.)(mro) (Entered: 11/20/2012) | |||
| 2012-11-26 | 9 | 0 | ORDER FOR ADMISSION PRO HAC VICE: Attorney Frank Iacono for Frank Iacono,Frank Iacono for Powers & Merchant, PLLC,Frank Iacono for South Haven Financial LLC admitted Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 11/19/2012) (js) (Entered: 11/26/2012) | |||
| 2012-12-07 | 10 | 0 | ORDER: Upon the consent of the parties, the Petition to Compel Arbitration is dismissed without prejudice. The Clerk of the Court is directed to close this case. (Signed by Judge Paul G. Gardephe on 12/6/2012) (tro) (Entered: 12/07/2012) |