Whitt v. Prosper Funding LLC et al
| Whitt and Larry Whitt |
| Prosper Funding LLC and Prosper Marketplace, Inc. |
| 1:2015cv00136 |
| January 8, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Gregory H Woods |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 8, 2015. A more recent docket listing may be available from PACER.
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| Filing 50 NOTICE OF APPEARANCE by Seth Asher Nadler on behalf of Larry Whitt. (Nadler, Seth) |
| Filing 49 CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum Opinion and Order dated July 14, 2015, Prosper's motion to dismiss and to compel arbitration is granted and this action is dismissed without prejudice in favor of arbitration; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/15/2015) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt) |
| Terminate Transcript Deadlines (dt) |
Filing 48
MEMORANDUM OPINION AND ORDER re: #18 MOTION to Dismiss filed by Prosper Marketplace, Inc., Prosper Funding LLC. Prosper's motion to dismiss and to compel arbitration is granted, and this action is dismissed without prejudice in favor of arbitration. The Clerk of Court is instructed to enter judgment accordingly and to close the case. (As further set forth in this Order.) (Signed by Judge Gregory H. Woods on 7/14/2015) (kko)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #48 Memorandum & Opinion, to the Judgments and Orders Clerk. (kko) |
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Filing 47
ORDER denying #46 Letter Motion for Conference. Defendants' May 29, 2015 request is denied. In light of the information presented in the parties' briefs, the Court has determined that oral argument on Defendants' motion to dismiss or stay and to compel arbitration is not necessary at this time. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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| Filing 46 LETTER MOTION for Conference and Oral Argument on Defendants' Pending Motion to Dismiss or Stay These Proceedings and Compel Arbitration addressed to Judge Gregory H. Woods from Brian D. Murphy dated May 29, 2015. Document filed by Prosper Funding LLC, Prosper Marketplace, Inc..(Murphy, Brian) |
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Filing 45
ORDER granting #44 Letter Motion to Adjourn Conference. Defendants' May 7, 2015 request is granted. The oral argument scheduled for May 11, 2015 is adjourned sine die. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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| Filing 44 LETTER MOTION to Adjourn Conference Scheduled for MAy 11, 2015 addressed to Judge Gregory H. Woods from Brian D. Murphy dated May 7, 2015. Document filed by Prosper Funding LLC, Prosper Marketplace, Inc..(Murphy, Brian) |
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Filing 43
ORDER: The Court will hold oral argument on Defendants' motion to dismiss or stay and to compel arbitration on May 11, 2015, at 10:30 a.m., in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, New York, New York, 10007. (Oral Argument set for 5/11/2015 at 10:30 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 5/4/2015) (kko)
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Filing 42
ORDER: Applying these factors, the Court finds that a stay of discovery is appropriate in this case, as Defendants' motion to dismiss or stay and to compel arbitration appears to have substantial grounds and there is no indication that Plaintiff will be unfairly prejudiced by a stay. Accordingly, discovery is hereby stayed, pending decision on Defendants' March 23, 2015 motion. The deadlines set forth in this Court's April 10, 2015 Case Management Plan are no longer in effect. The Court will issue a new Case Management Plan in the event that Defendants motion is denied. (Signed by Judge Gregory H. Woods on 4/30/2015) (kko)
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| Filing 41 DECLARATION of Allyson Bryant in Support re: #18 MOTION to Dismiss .. Document filed by Prosper Funding LLC, Prosper Marketplace, Inc.. (Attachments: #1 Exhibit 1 to Bryant Declaration)(Hurley, Gregory) |
| Filing 40 LETTER addressed to Judge Gregory H. Woods from Gregory F. Hurley dated 04/29/2015 re: Motion to Dismiss or Stay and Compel Arbitration. Document filed by Prosper Funding LLC, Prosper Marketplace, Inc..(Hurley, Gregory) |
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Filing 39
ORDER: Defendants move to dismiss or stay this case and to compel arbitration. The Court writes solely to address an evidentiary issue related to Defendants' motion. As an attachment to their motion, Defendants have provided "a true and correct copy of a screen shot of a sample webpage that is substantially similar to what Plaintiff would have seen before he confirmed his acceptance of the Agreement" at issue. Doc. 25, Declaration of Allyson Bryant ("Bryant Decl.") at 9; see also Bryant Decl., Ex. D. This document may not provide a sufficient evidentiary basis for the Court to enforce the parties' purported agreement. The validity and enforceability of an electronic contract of adhesion depends crucially on the design and content of the webpage on which the contract was purportedly executed. See generally Berkson v. Gogo LLC, ---F.Supp.3d---, No. 14-CV-1199, 2015 WL 1600755, at *19-33. Accordingly, to the extent practicable, Defendants are directed to supplement their motion by April 29, 2015 with a true and correct copy of a screen shot of a webpage that is identical to what Plaintiff would have seen before he purportedly confirmed his acceptance of the Agreement. If Defendants are unable to provide such a document, they must file a letter by the same date with a statement to that effect. (Signed by Judge Gregory H. Woods on 4/22/2015) (spo)
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| Filing 38 LETTER addressed to Judge Gregory H. Woods from Andrew Rozynski dated April 20, 2015 re: Response to Standard of Review for Defendants' Pending Motion. Document filed by Larry Whitt.(Rozynski, Andrew) |
| Filing 37 LETTER addressed to Judge Gregory H. Woods from Brian D. Murphy dated April 15, 2015 re: Standard of Review for Defendants' Pending Motion. Document filed by Prosper Funding LLC, Prosper Marketplace, Inc..(Murphy, Brian) |
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Filing 36
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Present best estimate of the length of trial is 5-7 days. Motions due by 9/7/2015. Deposition due by 7/31/2015. Fact Discovery due by 8/7/2015. Status Conference set for 8/21/2015 at 10:30 AM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 4/10/2015) (kko)
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| Filing 35 DECLARATION of Adam Shajnfeld in Support re: #18 MOTION to Dismiss .. Document filed by Prosper Funding LLC, Prosper Marketplace, Inc.. (Hurley, Gregory) |
| Filing 34 DECLARATION of Gregory F. Hurley in Support re: #18 MOTION to Dismiss .. Document filed by Prosper Funding LLC, Prosper Marketplace, Inc.. (Attachments: #1 Exhibit A in Support of Declaration of Hurley)(Hurley, Gregory) |
| Filing 33 REPLY MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss . . Document filed by Prosper Funding LLC, Prosper Marketplace, Inc.. (Hurley, Gregory) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 4/10/2015. (Court Reporter Tara Jones) (Daniels, Anthony) |
| Filing 32 NOTICE OF APPEARANCE by Brian Daniel Murphy on behalf of Prosper Funding LLC, Prosper Marketplace, Inc.. (Murphy, Brian) |
| Filing 31 LETTER addressed to Judge Gregory H. Woods from Gregory F. Hurley dated April 3, 2015 re: Initial Pre-trial Conference. Document filed by Prosper Funding LLC, Prosper Marketplace, Inc..(Hurley, Gregory) |
| Filing 30 DECLARATION of Larry Whitt in Opposition re: #18 MOTION to Dismiss .. Document filed by Larry Whitt. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rozynski, Andrew) |
| Filing 29 MEMORANDUM OF LAW in Opposition re: #18 MOTION to Dismiss . . Document filed by Larry Whitt. (Rozynski, Andrew) |
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Filing 28
ORDER denying #27 Letter Motion to Adjourn Conference. The parties' April 2, 2015 request is denied. The initial pretrial conference set for April 10, 2015 will be held as scheduled. The joint status letter and proposed case management plan described in this Court's January 21, 2015 order remain due today. To the extent that either party wishes to request a stay of discovery, pending decision on Defendants' motion to dismiss and to compel arbitration, they may raise such a request before or during the April 10 conference. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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| Filing 27 LETTER MOTION to Adjourn Conference addressed to Judge Gregory H. Woods from Gregory F. Hurley dated April 2, 2015. Document filed by Prosper Funding LLC, Prosper Marketplace, Inc..(Hurley, Gregory) |
| Filing 26 DECLARATION of Bradley J. Leimkuhler in Support re: #18 MOTION to Dismiss .. Document filed by Prosper Funding LLC, Prosper Marketplace, Inc.. (Attachments: #1 Exhibit A to Declaration of Leimkuhler, #2 Exhibit B to Declaration of Leimkuhler)(Hurley, Gregory) |
| Filing 25 DECLARATION of Allyson Bryant in Support re: #18 MOTION to Dismiss .. Document filed by Prosper Funding LLC, Prosper Marketplace, Inc.. (Attachments: #1 Exhibit A to Declaration of Bryant, #2 Exhibit B to Declaration of Bryant, #3 Exhibit C to Declaration of Bryant, #4 Exhibit D to Declaration of Bryant)(Hurley, Gregory) |
| Filing 24 MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss . . Document filed by Prosper Funding LLC, Prosper Marketplace, Inc.. (Hurley, Gregory) |
| Filing 23 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/5/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 22 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/5/2015 before Judge Gregory H. Woods. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/17/2015. Redacted Transcript Deadline set for 4/27/2015. Release of Transcript Restriction set for 6/25/2015.(McGuirk, Kelly) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Gregory F. Hurley to RE-FILE Document #20 MOTION to Dismiss Declaration of Bryant., #21 MOTION to Dismiss Declaration of Leimkuhler. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***NOTE*** Re-File both and link ONLY to document #18 Motion. (ldi) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Gregory F. Hurley to RE-FILE Document #19 MOTION to Dismiss . Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***NOTE*** Re-File and link ONLY to document #18 Motion. (ldi) |
| Filing 21 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Declaration of Leimkuhler. Document filed by Prosper Funding LLC, Prosper Marketplace, Inc.. (Attachments: #1 Exhibit A to Declaration of Leimkuhler, #2 Exhibit B to Declaration of Leimkuhler)(Hurley, Gregory) Modified on 3/24/2015 (ldi). |
| Filing 20 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Declaration of Bryant. Document filed by Prosper Funding LLC, Prosper Marketplace, Inc.. (Attachments: #1 Exhibit A to Declaration of Bryant, #2 Exhibit B to Declaration of Bryant, #3 Exhibit C to Declaration of Bryant, #4 Exhibit D to Declaration of Bryant)(Hurley, Gregory) Modified on 3/24/2015 (ldi). |
| Filing 19 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss . Document filed by Prosper Funding LLC, Prosper Marketplace, Inc..(Hurley, Gregory) Modified on 3/24/2015 (ldi). |
| Filing 18 MOTION to Dismiss . Document filed by Prosper Funding LLC, Prosper Marketplace, Inc..(Hurley, Gregory) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Gregory F. Hurley to RE-FILE Document #17 MOTION to Dismiss . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Supporting Documents are found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Prosper Funding LLC, Prosper Marketplace, Inc.. (Attachments: #1 Memorandum of Points & Authorities in Support of Motion to Dismiss, #2 Declaration of Bryant in Support of Motion to Dismiss, #3 Exhibit A to Declaration of Bryant, #4 Exhibit B to Declaration of Bryant, #5 Exhibit C to Declaration of Bryant, #6 Exhibit D to Declaration of Bryant, #7 Declaration of Leimkuhler in Support of Motion to Dismiss, #8 Exhibit A to Declaration of Leimkuhler, #9 Exhibit B to Declaration of Leimkuhler)(Hurley, Gregory) Modified on 3/23/2015 (ldi). |
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Filing 16
ORDER: As stated on the record during the telephone conference held on March 5, 2015, Defendants' motion to dismiss or stay this case and compel arbitration is due by March 20, 2015; Plaintiff's response is due within 2 weeks after service of Defendants' motion; and Defendants' reply, if any, is due within 1 week after service of Plaintiff's response. (Motions due by 3/20/2015.) (Signed by Judge Gregory H. Woods on 3/5/2015) (kko)
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Filing 15
ORDER granting #8 Letter Motion for Conference. The Court has scheduled a conference in response to this request for March 5, 2015 at 9:30 a.m. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 3/5/2015. (Court Reporter Lisa Fellis) (Daniels, Anthony) |
| Filing 14 SUMMONS RETURNED EXECUTED. Prosper Marketplace, Inc. served on 2/24/2015, answer due 3/17/2015. Service was accepted by Genelle Villarreul, Registered Agent. Document filed by Larry Whitt. (Black, Philip) |
| Filing 13 SUMMONS RETURNED EXECUTED. Prosper Funding LLC served on 2/24/2015, answer due 3/17/2015. Service was accepted by Genelle Villarreul, Registered Agent. Document filed by Larry Whitt. (Black, Philip) |
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Filing 12
ORDER granting #9 Motion for Bradley J. Leimkuhler to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 11
ORDER granting #7 Motion for Gregory F. Hurley to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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| Filing 10 LETTER RESPONSE in Opposition to Motion addressed to Judge Gregory H. Woods from Andrew Rozynski dated February 27, 2015 re: #8 LETTER MOTION for Conference Re Motion to Dismiss and Compel Abitration addressed to Judge Gregory H. Woods from Gregory F. Hurley dated February 23, 2015. . Document filed by Larry Whitt. (Attachments: #1 Exhibit A)(Rozynski, Andrew) |
| Filing 9 MOTION for Bradley J. Leimkuhler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10629000. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Prosper Funding LLC, Prosper Marketplace, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing Leimkuhler, #2 Text of Proposed Order Granting Leimkuhler Pro Hac Vice Application)(Leimkuhler, Bradley) |
| Filing 8 LETTER MOTION for Conference Re Motion to Dismiss and Compel Abitration addressed to Judge Gregory H. Woods from Gregory F. Hurley dated February 23, 2015. Document filed by Prosper Funding LLC, Prosper Marketplace, Inc..(Hurley, Gregory) |
| Filing 7 MOTION for Gregory F. Hurley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10628824. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Prosper Funding LLC, Prosper Marketplace, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing Hurley, #2 Text of Proposed Order Granting Hurley's Pro Hac Vice Application)(Hurley, Gregory) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Gregory F. Hurley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10628824. Motion and supporting papers to be reviewed by Clerk's Office staff., #9 MOTION for Bradley J. Leimkuhler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10629000. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 6 SUMMONS RETURNED EXECUTED. Prosper Marketplace, Inc. served on 1/30/2015, answer due 2/20/2015. Service was accepted by Jarold Blain. Document filed by Prosper Marketplace, Inc.. (Rozynski, Andrew) |
| Filing 5 SUMMONS RETURNED EXECUTED. Prosper Funding LLC served on 1/30/2015, answer due 2/20/2015. Service was accepted by Jerold Blain. Document filed by Larry Whitt. (Rozynski, Andrew) |
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Filing 4
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/10/2015 at 10:15 AM in Courtroom 9A, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods as further set forth in this order. (Signed by Judge Gregory H. Woods on 1/21/2015) (lmb)
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| Filing 3 NOTICE OF APPEARANCE by Philip Marcel Black on behalf of Larry Whitt. (Black, Philip) |
| Filing 2 CIVIL COVER SHEET filed. (moh) (moh). |
| Filing 1 COMPLAINT against Prosper Funding LLC, Prosper Marketplace, Inc.. (Filing Fee $ 350.00, Receipt Number 465401114072)Document filed by Larry Whitt.(moh) (moh). |
| SUMMONS ISSUED as to Prosper Funding LLC, Prosper Marketplace, Inc.. (moh) |
| Case Designated ECF. (moh) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. (moh) |
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