Benchmark Investments, Inc. v. PAVmed Inc.
| Benchmark Investments, Inc. |
| PAVmed Inc. |
| 1:2020cv10888 |
| December 23, 2020 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on December 16, 2021. A more recent docket listing may be available from PACER.
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Filing 33
CLERK'S JUDGMENT re: #32 Memorandum & Opinion, in favor of PAVmed Inc. against Benchmark Investments, Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated December 16, 2021, the motion to dismiss is GRANTED; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 12/16/2021) (Attachments: #1 Notice of Right to Appeal) (dt)
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Filing 32
OPINION AND ORDER: re: #14 MOTION to Dismiss . filed by PAVmed Inc. For the foregoing reasons, the motion to dismiss is GRANTED. The Clerk of Court is directed to terminate the open motions on the docket and to close this action. So Ordered. (Signed by Judge Vernon S. Broderick on 12/16/2021) (js) Transmission to Orders and Judgments Clerk for processing.
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Filing 31
NOTICE OF CHANGE OF ADDRESS by Ryan James Whalen on behalf of Benchmark Investments, Inc.. New Address: EF Hutton, a division of Benchmark Investments, LLC, 590 Madison Avenue, 39th Floor, New York, New York, 10022, 2129705181..(Whalen, Ryan)
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Filing 30
LETTER addressed to Judge Vernon S. Broderick from John N. Orsini dated March 24, 2021 re: request for oral argument. Document filed by PAVmed Inc...(Orsini, John)
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Filing 29
DECLARATION of Dielai Yang in Support re: #14 MOTION to Dismiss .. Document filed by PAVmed Inc.. (Attachments: #1 Exhibit 1: Entity details of Kingswood Capital Markets, LLC, #2 Exhibit 2: LinkedIn profile of Mr. Mohamed Alsoraimi).(Orsini, John)
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Filing 28
REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss . . Document filed by PAVmed Inc...(Orsini, John)
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Filing 27
ORDER granting #26 Letter Motion for Extension of Time to File Response/Reply re #26 LETTER MOTION for Extension of Time to File Response/Reply as to #19 Memorandum of Law in Opposition to Motion, #14 MOTION to Dismiss . addressed to Judge Vernon S. Broderick from John N. Orsini dated March 12, 2021. APPLICATION GRANTED. SO ORDERED. Responses due by 3/24/2021. (Signed by Judge Vernon S. Broderick on 3/16/2021) (nb)
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Filing 26
LETTER MOTION for Extension of Time to File Response/Reply as to #19 Memorandum of Law in Opposition to Motion, #14 MOTION to Dismiss . addressed to Judge Vernon S. Broderick from John N. Orsini dated March 12, 2021. Document filed by PAVmed Inc...(Orsini, John)
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Filing 25
NOTICE OF APPEARANCE by Kari Parks on behalf of Benchmark Investments, Inc...(Parks, Kari)
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Filing 24
NOTICE OF APPEARANCE by Ryan James Whalen on behalf of Benchmark Investments, Inc...(Whalen, Ryan)
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Filing 23
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel and pursuant to Local Civil Rule 1.4 of the United States District Court for the Southern District of New York, that the law firm of Gusrae Kaplan Nusbaum PLLC is substituted in place of Sullivan & Worcester LLP as counsel of record for Plaintiff Benchmark Investments, Inc. A supporting declaration is attached hereto pursuant to Local Civil Rule 1.4. PLEASE TAKE NOTICE that all pleadings, notices of hearing, and other filings in this matter should be served on Gusrae Kaplan Nusbaum PLLC at the address set forth below. (Signed by Judge Vernon S. Broderick on 3/10/2021) (nb)
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Filing 22
PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Benchmark Investments, Inc.. (Attachments: #1 Affidavit Declaration in Support of Substitution).(Whalen, Ryan)
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Filing 21
DECLARATION of Michael T. Dyson in Opposition re: #14 MOTION to Dismiss .. Document filed by Benchmark Investments, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Danovitch, David)
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Filing 20
DECLARATION of Michael H. Nessim in Opposition re: #14 MOTION to Dismiss .. Document filed by Benchmark Investments, Inc...(Danovitch, David)
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Filing 19
MEMORANDUM OF LAW in Opposition re: #14 MOTION to Dismiss . . Document filed by Benchmark Investments, Inc...(Danovitch, David)
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Set/Reset Deadlines: Responses due by 3/5/2021 (mro)
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Set/Reset Deadlines: Replies due by 3/17/2021. (mro) Modified on 3/4/2021 (mro).
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time to File Response/Reply. APPLICATION GRANTED. Responses due by 3/5/2021 Replies due by 3/17/2021. (Signed by Judge Vernon S. Broderick on 2/24/2021) (mro) Modified on 3/2/2021 (mro). Modified on 3/4/2021 (mro).
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Filing 17
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss . addressed to Judge Vernon S. Broderick from Michael T. Dyson dated February 23, 2021. Document filed by Benchmark Investments, Inc...(Dyson, Michael)
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Filing 16
DECLARATION of Dielai Yang in Support re: #14 MOTION to Dismiss .. Document filed by PAVmed Inc.. (Attachments: #1 Exhibit 1: Letter agreement executed by Benchmark and PAVmed, dated November 17, 2020, #2 Exhibit 2: BrokerCheck report for plaintiff Benchmark Investments, #3 Exhibit 3: BrokerCheck report for Michael H. Nessim, #4 Exhibit 4: BrokerCheck report for David J. Martin, #5 Exhibit 5: BrokerCheck report for Jaime G. Golden, #6 Exhibit 6: BrokerCheck report for Valeriy P. Rayevskiy, #7 Exhibit 7: BrokerCheck report for Jeremy M. Wilder, #8 Exhibit 8: BrokerCheck report for Nikita Brown, #9 Exhibit 9: BrokerCheck report for Christopher Doyle, #10 Exhibit 10: BrokerCheck report for Evan A. Dickstein, #11 Exhibit 11: BrokerCheck report for Ashley Webb, #12 Exhibit 12: BrokerCheck report for Joseph t. Rallo, #13 Exhibit 13: BrokerCheck report for David W. Boral, #14 Exhibit 14: BrokerCheck report for Edward Tsuker, #15 Exhibit 15: BrokerCheck report for Bryan L. Kobel, #16 Exhibit 16: BrokerCheck report for Ariel Imas, #17 Exhibit 17: BrokerCheck report for Benjamin Zucker, #18 Exhibit 18: BrokerCheck report for Stephen Faucetta, #19 Exhibit 19: BrokerCheck report for Jody J. Eisenman, #20 Exhibit 20: Michael Nessims LinkedIn Profile, #21 Exhibit 21: David J. Martins LinkedIn Profile, #22 Exhibit 22: Jaime Goldens LinkedIn Profile, #23 Exhibit 23: Valeriy P. Rayevskiys LinkedIn Profile, #24 Exhibit 24: Jeremy Wilders LinkedIn Profile, #25 Exhibit 25: Nikita Browns LinkedIn Profile, #26 Exhibit 26: Christopher Doyles LinkedIn Profile, #27 Exhibit 27: Evan A. Dicksteins LinkedIn Profile, #28 Exhibit 28: Ashley Webbs LinkedIn Profile, #29 Exhibit 29: Joseph T. Rallos LinkedIn Profile, #30 Exhibit 30: David W. Borals LinkedIn Profile, #31 Exhibit 31: Edward Tsukers LinkedIn Profile, #32 Exhibit 32: Bryan L. Kobels LinkedIn Profile, #33 Exhibit 33: Ariel Imas LinkedIn Profile, #34 Exhibit 34: Benjamin Zuckers LinkedIn Profile, #35 Exhibit 35: Stephen Faucettas LinkedIn Profile, #36 Exhibit 36: Jody J. Eisenmans LinkedIn Profile, #37 Exhibit 37: Benchmarks record of good standing, filed with the Arkansas Secretary of State, #38 Exhibit 38: Floor plan of plaintiff Benchmarks alleged principal place of business at 175 Country Club Drive, Building 400, Suite D, Stockbridge, GA., #39 Exhibit 39: Webpage from Benchmarks website entitled Management Team, #40 Exhibit 40: Webpage from Kingswood Capital Markets website entitled Benchmark Investments, #41 Exhibit 41: Webpage from Kingswood USs website entitled Benchmark Investments, #42 Exhibit 42: Benchmarks Annual Audited report Form X-17A-5, filed with the U.S. Securities and exchange Commission, #43 Exhibit 43: Form U4, Uniform Application for Securities Industry Registration or Transfer, published by FINRA).(Orsini, John)
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Filing 15
MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss . . Document filed by PAVmed Inc...(Orsini, John)
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Filing 14
MOTION to Dismiss . Document filed by PAVmed Inc...(Orsini, John)
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Filing 13
ORDER granting #12 Motion for Michael T. Dyson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Michael T. Dyson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 12
MOTION for Michael T. Dyson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Benchmark Investments, Inc.. (Attachments: #1 Affidavit Declaration in Support of Motion for Admission Pro Hac Vice and Certificate of Good Standing, #2 Text of Proposed Order Proposed Order).(Dyson, Michael)
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Filing 11
NOTICE OF APPEARANCE by Dielai Yang on behalf of PAVmed Inc...(Yang, Dielai)
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Filing 10
DECLARATION of Michael T. Dyson in Support re: #9 MOTION for Michael T. Dyson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23494463. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Benchmark Investments, Inc...(Dyson, Michael)
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Filing 9
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael T. Dyson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23494463. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Benchmark Investments, Inc.. (Attachments: #1 Text of Proposed Order).(Dyson, Michael) Modified on 1/13/2021 (aea).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #9 MOTION for Michael T. Dyson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23494463. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia; Missing Notarized Affidavit or Declaration. Re-file the corrected motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/6/2021) (rro)
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Set/Reset Deadlines: PAVmed Inc. answer due 2/12/2021. (rro)
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Filing 7
LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from John N. Orsini dated January 4, 2021. Document filed by PAVmed Inc...(Orsini, John)
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Filing 6
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PAVmed Inc...(Orsini, John)
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Filing 5
SUMMONS ISSUED as to PAVmed Inc. (laq)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(laq)
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Magistrate Judge Barbara C. Moses 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. (laq)
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Case Designated ECF. (laq)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to PAVmed Inc., re: #1 Complaint. Document filed by Benchmark Investments, Inc...(Danovitch, David)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Kingswood US, LLC, Corporate Parent Kingswood US Holdings, Inc., Corporate Parent Kingswood Holdings Limited for Benchmark Investments, Inc.. Document filed by Benchmark Investments, Inc...(Danovitch, David)
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Filing 2
CIVIL COVER SHEET filed..(Danovitch, David)
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Filing 1
COMPLAINT against PAVmed Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-23177953)Document filed by Benchmark Investments, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Danovitch, David)
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