Paguada v. YieldStreet Inc.
| Josue Paguada |
| YieldStreet Inc. |
| 1:2020cv09254 |
| November 4, 2020 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 25, 2021. A more recent docket listing may be available from PACER.
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Filing 36
NOTICE OF APPEARANCE by Edward Y. Kroub on behalf of Josue Paguada..(Kroub, Edward)
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Filing 35
ORDER: The Court has been informed that the parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are DENIED as moot, and all conferences and deadlines are CANCELLED. (Signed by Judge Lorna G. Schofield on 11/18/2021) (tg)
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Filing 34
NOTICE of Settlement . Document filed by Josue Paguada..(Khaimov, Mars)
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Filing 33
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have taken place. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3 days. Amended Pleadings due by 12/1/2021. Joinder of Parties due by 12/1/2021. Deposition due by 1/28/2022. Fact Discovery due by 3/1/2022. Expert Discovery due by 4/15/2022. Pre-Motion Conference set for 4/28/2022 at 10:40 AM before Judge Lorna G. Schofield. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar (And as further set forth herein.) SO ORDERED. (Signed by Judge Lorna G. Schofield on 11/2/2021) (jca)
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Filing 32
PROPOSED CASE MANAGEMENT PLAN. Document filed by Josue Paguada..(Khaimov, Mars)
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Filing 31
INTERNET CITATION NOTE: Material from decision with Internet citation re: #29 Memorandum & Opinion, Case Stay Lifted. (sjo)
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Filing 30
ORDER: WHEREAS, pursuant to the Opinion and Order dated October 20, 2021, a proposed Civil Case Management Plan and Scheduling Order (Case Management Plan) was due October 27, 2021. (Dkt. No. 29.) WHEREAS, no such Case Management Plan was filed. It is hereby ORDERED that by November 1, 2021, the parties shall file a Case Management Plan. (Signed by Judge Lorna G. Schofield on 10/28/2021) (tg)
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Filing 29
OPINION AND ORDER re: #18 MOTION to Dismiss the First Amended Complaint filed by YieldStreet Inc. For the reasons stated above, Defendant's motion to dismiss is DENIED. By October 27, 2021, the parties shall file a proposed civil case management plan and scheduling order. The stay that was in place (Dkt. No. 16) is lifted. The Clerk of Court is respectfully directed to close the motion at Docket No. 18 and remove the designation that this case is stayed. Case Stay Lifted. (Signed by Judge Lorna G. Schofield on 10/20/2021) (mml)
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Filing 28
LETTER addressed to Judge Lorna G. Schofield from Mars Khaimov dated 9/15/2021 re: Response to Defendant's Letter Dated 9/10/2021. Document filed by Josue Paguada..(Khaimov, Mars)
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Filing 27
LETTER addressed to Judge Lorna G. Schofield from Martin S. Krezalek dated 9/10/21 re: Recent Court Decision. Document filed by YieldStreet Inc...(Krezalek, Martin)
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Filing 26
LETTER addressed to Judge Lorna G. Schofield from Mars Khaimov dated 8/9/2021 re: Supplemental Authority Regarding Defendant's Motion to Dismiss. Document filed by Josue Paguada. (Attachments: #1 Exhibit A).(Khaimov, Mars)
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Filing 25
LETTER addressed to Judge Lorna G. Schofield from Martin S. Krezalek dated 6/8/21 re: Response to Plaintiff's Letter to the Court dated June 4, 2021. Document filed by YieldStreet Inc...(Krezalek, Martin)
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Filing 24
LETTER addressed to Judge Lorna G. Schofield from Mars Khaimov dated 6/3/21 re: Updated Authority Re Defendant's Motion to Dismiss. Document filed by Josue Paguada. (Attachments: #1 Jaquez v. Dermpoint, Inc. Decision).(Khaimov, Mars)
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Filing 23
REPLY MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss the First Amended Complaint. . Document filed by YieldStreet Inc...(Krezalek, Martin)
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Filing 22
MEMORANDUM OF LAW in Opposition re: #18 MOTION to Dismiss the First Amended Complaint. . Document filed by Josue Paguada. (Attachments: #1 Declaration of Robert D. Moody).(Khaimov, Mars)
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Filing 21
DECLARATION of Martin S. Krezalek in Support re: #18 MOTION to Dismiss the First Amended Complaint.. Document filed by YieldStreet Inc.. (Attachments: #1 Exhibit 1 - Letter dated 9/25/18 from the U.S. Dept. of Justice to Honorable Ted Budd, U.S. House of Representatives).(Krezalek, Martin)
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Filing 20
DECLARATION of Sylvain Grande in Support re: #18 MOTION to Dismiss the First Amended Complaint.. Document filed by YieldStreet Inc...(Krezalek, Martin)
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Filing 19
MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss the First Amended Complaint. . Document filed by YieldStreet Inc...(Krezalek, Martin)
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Filing 18
MOTION to Dismiss the First Amended Complaint. Document filed by YieldStreet Inc...(Krezalek, Martin)
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Filing 17
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by YieldStreet Inc...(Krezalek, Martin)
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Filing 16
ORDER terminating #11 Letter Motion for Conference; terminating #15 Letter Motion for Conference. It is hereby ORDERED that, the initial pre-trial conference is waived. If the parties believe that a conference would nevertheless be useful they should inform the court immediately so the conference can be reinstated. It is further ORDERED that, the Motion shall be briefed according to the following schedule: By March 19, 2021, Defendant shall file the motion with a memorandum of law not to exceed 25 pages. By April 16, 2021, Plaintiff shall file any opposition, not to exceed 25 pages. By April 30, 2021, Defendant shall file any reply in support of the Motion, not to exceed 10 pages. The parties shall comply with this Court's Individual Rules in filing the Motion and supporting papers. It is further ORDERED that, this case is STAYED pending resolution of the Motion. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 11 and 15.. (Signed by Judge Lorna G. Schofield on 2/10/2021) (jca)
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Set/Reset Deadlines: (Motions due by 3/19/2021, Responses due by 4/16/2021, Replies due by 4/30/2021.), Case Stayed (jca)
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Filing 15
LETTER MOTION for Conference re: #14 Amended Complaint (Letter Motion for Pre-Motion Conference on Proposed Motion to Dismiss First Amended Complaint) addressed to Judge Lorna G. Schofield from Martin S. Krezalek dated 2/9/21. Document filed by YieldStreet Inc...(Krezalek, Martin)
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Filing 14
FIRST AMENDED COMPLAINT amending #1 Complaint against YieldStreet Inc. with JURY DEMAND.Document filed by Josue Paguada. Related document: #1 Complaint..(Khaimov, Mars)
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Filing 13
ORDER: It is hereby ORDERED that, the initial pre-trial conference scheduled for January 28, 2021, at 10:40 a.m. is ADJOURNED to February 11, 2021, at 10:40 a.m. The conference will be telephonic and will occur on the following conference line: 888-363-4749, access code: 5583333. It is further ORDERED that, by February 3, 2021, Plaintiff shall file any amended complaint. It is further ORDERED that, by February 9, 2021, Defendant shall file any pre-motion letter in anticipation of a motion to dismiss the amended complaint, proposing a mutually agreeable briefing schedule. No response to the letter need be filed. It is further ORDERED that all discovery is STAYED pending discussion at the conference. (As further set forth in this Order.) ( Initial Conference set for 2/11/2021 at 10:40 AM before Judge Lorna G. Schofield.), ( Amended Pleadings due by 2/3/2021.) (Signed by Judge Lorna G. Schofield on 1/27/2021) (cf)
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Filing 12
LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Mars Khaimov dated 1/22/2021 re: #11 LETTER MOTION for Conference /Pre-Motion Conference on Proposed Motion to Dismiss addressed to Judge Lorna G. Schofield from Martin S. Krezalek dated 1/20/21. . Document filed by Josue Paguada..(Khaimov, Mars)
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Filing 11
LETTER MOTION for Conference /Pre-Motion Conference on Proposed Motion to Dismiss addressed to Judge Lorna G. Schofield from Martin S. Krezalek dated 1/20/21. Document filed by YieldStreet Inc...(Krezalek, Martin)
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Filing 10
MEMO ENDORSEMENT: on re: #9 Initial Report of Parties Before Pretrial Conference filed by Josue Paguada. ENDORSEMENT: The initial pre-trial conference scheduled for January 21, 2021, is ADJOURNED to January 28, 2021, at 10:40 a.m. The conference will be telephonic and will occur on the following conference line: 888-363-4749, access code: 5583333. The time of the conferenceis approximate but the parties shall be prepared to begin at the scheduled time.By January 20, 2021, pursuant to Individual Rule III.A.1, Defendant shall file any pre-motion letter in anticipation of a motion to dismiss, and by January 22, 2021, Plaintiff shall file a responsive letter. Defendant's anticipated motion will be discussed during the initial pre-trial conference. SO ORDERED., ( Initial Conference set for 1/28/2021 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 1/15/2021) (ama)
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Filing 9
INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Josue Paguada. (Attachments: #1 Proposed Case Management Plan).(Khaimov, Mars)
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Filing 8
SUMMONS RETURNED EXECUTED. YieldStreet Inc. served on 11/19/2020, answer due 1/25/2021. Service was accepted by Laura Hayes, Agent. Document filed by Josue Paguada..(Khaimov, Mars)
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Filing 7
ORDER granting #5 Letter Motion for Extension of Time to Answer. The application is GRANTED. By January 25, 2021, Defendant shall answer or otherwise respond to the Complaint.. (Signed by Judge Lorna G. Schofield on 12/9/2020) YieldStreet Inc. answer due 1/25/2021 (ks)
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Filing 6
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a conference will be held at January 21, 2021 at 10:40 a.m. The conference will be telephonic. (As further set forth in this Order.) Initial Conference set for 1/21/2021 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 12/9/2020) (cf)
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Filing 5
CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Lorna G. Schofield from Martin S. Krezalek dated 12/8/20. Document filed by YieldStreet Inc...(Krezalek, Martin)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to YieldStreet Inc...(pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
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Magistrate Judge James L. Cott 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
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Case Designated ECF. (pc)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to YieldStreet Inc., re: #1 Complaint. Document filed by Josue Paguada..(Khaimov, Mars)
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Filing 2
CIVIL COVER SHEET filed..(Khaimov, Mars)
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Filing 1
COMPLAINT against YieldStreet Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-22441605)Document filed by Josue Paguada..(Khaimov, Mars)
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| Defendant: YieldStreet Inc. | |
| Represented By: | Martin Simon Krezalek |
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| Plaintiff: Josue Paguada | |
| Represented By: | Mars Khaimov |
| Represented By: | Edward Y. Kroub |
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