Jonathan Singer et al v. Alan Ett
| Jonathan Singer, Ross Cameron, Lyric Capital Management Group LP and Spirit Music Group, Inc. |
| Alan Ett |
| 2:2022cv05212 |
| July 27, 2022 |
| US District Court for the Central District of California |
| Fernando M Olguin |
| Alicia G Rosenberg |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0001 U.S. Arbitration Act |
| None |
Docket Report
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This docket was last retrieved on September 6, 2022. A more recent docket listing may be available from PACER.
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Filing 59
ORDER REMOVING JONATHAN H. STOLER AS ATTORNEY OF RECORD FOR PETITIONERS #58 by Judge Fernando M. Olguin. The Court ORDERS that Jonathan H. Stoler be removed from the docket as attorney of record for Petitioners. (iv)
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| Filing 58 REQUEST of Jonathan H. Stoler to Withdraw as Attorney of record at this time filed by Petitioners Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc.. (Attachments: #1 Declaration, #2 Proposed Order) (Russell, Bridget) |
| Filing 57 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. The Request for Leave to Appear Telephonically #54 is deemed moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
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Filing 56
ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin. (gga)
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Filing 55
SCHEDULING AND CASE MANAGEMENT ORDER RE: BENCH TRIAL by Judge Fernando M. Olguin. The court deems a Scheduling Conference unnecessary and hereby vacates the hearing. Bench Trial set for 9/11/2023 at 9:00 AM before Judge Fernando M. Olguin. *See order for dates, deadlines and requirements imposed.* (gga)
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| Filing 54 REQUEST for Leave of Scott J. Sholder to Appear for Hearing by Telephonic or Video Conference filed by RESPONDENT Alan Ett. Request set for hearing on 9/8/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration Sholder Declaration, #2 Proposed Order) (Wolff, Nancy) |
| Filing 53 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1 day, filed by Plaintiffs Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc... (Katz, Martin) |
| Filing 51 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Scott J. Sholder to Appear Pro Hac Vice on behalf of Defendant Alan Ett (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33786873) #47 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) |
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Filing 50
ORDER EXTENDING FILING DEADLINE FOR PETITIONERS'COUNSEL TO FILE PRO HAC VICE #49 by Judge Fernando M. Olguin. Accordingly, the Court extends the deadline for Petitioners' counsel to file his Pro Hac Vice motion from August 8, 2022 to September 1, 2022. (lom)
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Filing 52
ORDER by Judge Fernando M. Olguin: granting #47 Non-Resident Attorney Scott J. Sholder APPLICATION to Appear Pro Hac Vice on behalf of Alan Ett, designating Nancy E. Wolff as local counsel. (lom)
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| Filing 49 STIPULATION for Extension of Time to File Pro Hac Vice Motion filed by Petitioners Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc.. (Attachments: #1 Proposed Order)(Russell, Bridget) |
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Filing 48
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Rule 26 Meeting Report due by 8/25/2022. Scheduling Conference set for 9/8/2022 at 10:00 AM before Judge Fernando M. Olguin. (gga)
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| Filing 47 APPLICATION of Non-Resident Attorney Scott J. Sholder to Appear Pro Hac Vice on behalf of Defendant Alan Ett (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33786873) filed by Defendant Alan Ett. (Attachments: #1 Proposed Order) (Wolff, Nancy) |
| Filing 46 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Stipulation for Extension of Time to File #44 by Clerk of Court to Judge Fernando M. Olguin. The document is stricken. (jp) |
| Filing 45 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation #44 . The following error(s) was/were found: Case number is incorrect or missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv) |
| Filing 44 [DOCUMENT STRICKEN PER DKT NO. #46 ] - STIPULATION for Extension of Time to File Pro Hac Vice filed by Petitioners Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc.. (Attachments: #1 Proposed Order)(Russell, Bridget). Modified on 8/9/2022 (jp). |
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Filing 43
ORDER EXTENDING FILING DEADLINE FOR RESPONDENT'S COUNSEL TO FILE PRO HAC VICE #41 by Judge Fernando M. Olguin. *See Order for Details.* (iv)
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| Filing 42 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
| Filing 41 Joint STIPULATION for Order EXTENDING FILING DEADLINE FOR RESPONDENTS COUNSEL TO FILE PRO HAC VICE filed by RESPONDENT Alan Ett. (Attachments: #1 Proposed Order)(Wolff, Nancy) |
| Filing 40 NOTICE of Appearance filed by attorney Nancy E. Wolff on behalf of Defendant Alan Ett (Attorney Nancy E. Wolff added to party Alan Ett(pty:dft))(Wolff, Nancy) |
| Filing 39 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Scott Jonathan Sholder. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 38 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jonathan Stoler. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 37 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 36 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 35 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Alicia G. Rosenberg. (jtil) |
| Filing 34 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:21-cv-10916, from USDC Southern District of New York, Foley Square. The above-referenced case has been transferred to this district and assigned the above civil case number 2:22-cv-05212-FMO-AGRx. (jtil) |
| Filing 33 ORIGINAL file, certified copy of transfer order and docket sheet received from New York Southern |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Central District of California. (mml) [Transferred from New York Southern on 7/29/2022.] |
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Filing 32
ORDER: It is hereby ORDERED that, for substantially the reasons stated in Respondent's letter, this action is TRANSFERRED to the U.S. District Court for the Central District of California. Venue is improper under 28 U.S.C. 1391(b)(1) because Respondent does not reside in this judicial district but instead is domiciled in Los Angeles, California, which is in the federal judicial district of the Central District of California. Venue also is improper under 1391(b)(2) because a substantial part of the events did not occur in New York. The sole relief sought in this action is a stay of the Arbitration that Respondent commenced in Los Angeles, California. The Arbitration purports to arise out of an employment agreement between Respondent and SMC, which Respondent entered into in California. SMC's principal place of business is in Los Angeles, California. The employment agreement contains an arbitration clause, which requires that any arbitration proceed in Los Angeles, California. The employment agreement also contains a California choice of law provision and requires that "[s]ubject to Section 8(g)," the relevant arbitration clause, "any action to enforce this agreement and/or the exhibits hereto must be brought in... a court situated in the City of Los Angeles, California, or the Southern District of California." (See Dkt. No. 30 at 1-2.) The Clerk of Court is respectfully directed to transfer this case to the U.S. District Court for the Central District of California. (Signed by Judge Lorna G. Schofield on 7/20/2022) (mml) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 7/29/2022.]
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| Filing 31 RESPONSE TO ORDER TO SHOW CAUSE re: #29 Order to Show Cause,. Document filed by Alan Ett..(Sholder, Scott) [Transferred from New York Southern on 7/29/2022.] |
| Filing 30 RESPONSE in Support of Motion re: #16 MOTION to Stay Arbitration as to Petitioners. Response to OSC re venue. Document filed by Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc...(Russell, Bridget) [Transferred from New York Southern on 7/29/2022.] |
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Filing 29
ORDER: It is hereby ORDERED that the parties shall show cause, in writing, by July 15, 2022, why venue is proper in this district or why this action should not be (1) transferred to the Central District of California or (2) dismissed. The parties shall file separate letters, not to exceed five pages. (Signed by Judge Lorna G. Schofield on 7/7/2022) (mml) [Transferred from New York Southern on 7/29/2022.]
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Filing 28
ORDER: denying #26 Letter Motion for Conference re: #26 LETTER MOTION for Conference (pre-motion) regarding Petitioners' proposed application for an order to show cause why an order should not be entered. addressed to Judge Lorna G. Schofield from Bridget J. Russell dated June 22, 2022. The arbitration shall remain stayed pending this Court's decision on Petitioners' pending motion to stay. Petitioners' request for a conference is denied because Respondent consents to the relief Petitioners' requested. (See Dkt. No. 27.) The Clerk of Court is respectfully directed to close the motion at Dkt. No. 26. (Signed by Judge Lorna G. Schofield on 6/23/2022) (ama) Modified on 6/24/2022 (ama). [Transferred from New York Southern on 7/29/2022.]
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| Filing 27 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Scott J. Sholder dated June 22, 2022 re: #26 LETTER MOTION for Conference (pre-motion) regarding Petitioners' proposed application for an order to show cause why an order should not be entered addressed to Judge Lorna G. Schofield from Bridget J. Russell dated June 22, 2022. . Document filed by Alan Ett..(Sholder, Scott) [Transferred from New York Southern on 7/29/2022.] |
| Filing 26 LETTER MOTION for Conference (pre-motion) regarding Petitioners' proposed application for an order to show cause why an order should not be entered addressed to Judge Lorna G. Schofield from Bridget J. Russell dated June 22, 2022. Document filed by Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc...(Russell, Bridget) [Transferred from New York Southern on 7/29/2022.] |
| Filing 25 RESPONSE in Support of Motion re: #16 MOTION to Stay Arbitration as to Petitioners. Objections to Ett Declaration. Document filed by Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc...(Katz, Martin) [Transferred from New York Southern on 7/29/2022.] |
| Filing 24 REPLY MEMORANDUM OF LAW in Support re: #16 MOTION to Stay Arbitration as to Petitioners. . Document filed by Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc...(Katz, Martin) [Transferred from New York Southern on 7/29/2022.] |
| Filing 23 DECLARATION of Alan Ett in Opposition re: #16 MOTION to Stay Arbitration as to Petitioners.. Document filed by Alan Ett..(Sholder, Scott) [Transferred from New York Southern on 7/29/2022.] |
| Filing 22 MEMORANDUM OF LAW in Opposition re: #16 MOTION to Stay Arbitration as to Petitioners. . Document filed by Alan Ett..(Sholder, Scott) [Transferred from New York Southern on 7/29/2022.] |
| Filing 21 DECLARATION of Jonathan Singer in Support re: #19 LETTER MOTION to Seal portions of Exhibit 1 to Jonathan Singer Declaration addressed to Judge Lorna G. Schofield from Martin D. Katz dated March 7, 2022., #16 MOTION to Stay Arbitration as to Petitioners.. Document filed by Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc...(Katz, Martin) [Transferred from New York Southern on 7/29/2022.] |
| Filing 20 ***SELECTED PARTIES***DECLARATION of Jonathan Singer in Support re: #19 LETTER MOTION to Seal portions of Exhibit 1 to Jonathan Singer Declaration addressed to Judge Lorna G. Schofield from Martin D. Katz dated March 7, 2022., #16 MOTION to Stay Arbitration as to Petitioners.. Document filed by Spirit Music Group, Inc., Jonathan Singer, Lyric Capital Management Group LP, Ross Cameron, Alan Ett. Motion or Order to File Under Seal: #19 .(Katz, Martin) [Transferred from New York Southern on 7/29/2022.] |
| Filing 19 LETTER MOTION to Seal portions of Exhibit 1 to Jonathan Singer Declaration addressed to Judge Lorna G. Schofield from Martin D. Katz dated March 7, 2022. Document filed by Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc...(Katz, Martin) [Transferred from New York Southern on 7/29/2022.] |
| Filing 18 AFFIDAVIT of Bridget Russell in Support re: #16 MOTION to Stay Arbitration as to Petitioners.. Document filed by Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc...(Katz, Martin) [Transferred from New York Southern on 7/29/2022.] |
| Filing 17 AFFIDAVIT of Ross Cameron in Support re: #16 MOTION to Stay Arbitration as to Petitioners.. Document filed by Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc...(Katz, Martin) [Transferred from New York Southern on 7/29/2022.] |
| Filing 16 MOTION to Stay Arbitration as to Petitioners. Document filed by Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc.. (Attachments: #1 Memorandum in Support).(Katz, Martin) [Transferred from New York Southern on 7/29/2022.] |
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Filing 15
ORDER granting #11 Motion for Bridget J. Russell to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) [Transferred from New York Southern on 7/29/2022.]
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Filing 14
ORDER granting #10 Motion for Martin D. Katz to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) [Transferred from New York Southern on 7/29/2022.]
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Filing 13
ORDER terminating #12 Letter Motion for Conference re: #12 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Jonathan Stoler dated February 15, 2022. It is hereby ordered that, Petitioners' motion to stay the arbitration proceedings (the "Motion") shall be briefed according to the following schedule: By March 7, 2022, Petitioners shall file their Motion, with a memorandum of law not to exceed twenty-five (25) pages. By March 21, 2022, Respondent shall file his opposition, not to exceed twenty-five (25) pages. By March 28, 2022, Petitioners shall file any reply in support of their motion, not to exceed ten (10) pages. The parties shall comply with this Court's Individual Rules in filing the motions and supporting papers. So Ordered. (Signed by Judge Lorna G. Schofield on 2/16/2022) (tg) [Transferred from New York Southern on 7/29/2022.]
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| Set/Reset Deadlines: Motions due by 3/7/2022. Responses due by 3/21/2022 Replies due by 3/28/2022. (tg) [Transferred from New York Southern on 7/29/2022.] |
| Filing 12 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Jonathan Stoler dated February 15, 2022. Document filed by Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc...(Stoler, Jonathan) [Transferred from New York Southern on 7/29/2022.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 CONSENT MOTION for Martin D. Katz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25724412. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) [Transferred from New York Southern on 7/29/2022.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 CONSENT MOTION for Bridget J. Russell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25724429. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) [Transferred from New York Southern on 7/29/2022.] |
| Filing 11 CONSENT MOTION for Bridget J. Russell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25724429. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc.. (Attachments: #1 Declaration of Bridget J. Russell, #2 Certificate of Good Standing, #3 Proposed Order).(Russell, Bridget) [Transferred from New York Southern on 7/29/2022.] |
| Filing 10 CONSENT MOTION for Martin D. Katz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25724412. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc.. (Attachments: #1 Declaration of Martin D. Katz, #2 Certificate of Good Standing, #3 Proposed Order).(Katz, Martin) [Transferred from New York Southern on 7/29/2022.] |
| Filing 9 LETTER addressed to Judge Lorna G. Schofield from Jonathan Stoler dated February 3, 2022 re: Status of Service and the Court's February 1, 2022 Order (Dkt. No. 6). Document filed by Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc.. (Attachments: #1 Exhibit A - Email Correspondence with Respondent's Counsel).(Stoler, Jonathan) [Transferred from New York Southern on 7/29/2022.] |
| Filing 8 RESPONSE to #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Alan Ett..(Sholder, Scott) [Transferred from New York Southern on 7/29/2022.] |
| Filing 7 NOTICE OF APPEARANCE by Scott Jonathan Sholder on behalf of Alan Ett..(Sholder, Scott) [Transferred from New York Southern on 7/29/2022.] |
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Filing 6
ORDER: WHEREAS, this action concerns a petition to stay an arbitration proceeding (the "Petition"). (Dkt. No. 1.) WHEREAS, on December 21, 2021, an electronic summons was issued as to Respondent. (Dkt. No. 5.) WHEREAS, Petitioners have not filed proof of service and Respondent has not yet appeareds. It is hereby ORDERED that, by February 4, 2022, Petitioners shall file proof of service. (Signed by Judge Lorna G. Schofield on 2/1/2022) (vfr) [Transferred from New York Southern on 7/29/2022.]
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Alan Ett..(pc) [Transferred from New York Southern on 7/29/2022.] |
| 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) [Transferred from New York Southern on 7/29/2022.] |
| Magistrate Judge Kevin Nathaniel Fox 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) [Transferred from New York Southern on 7/29/2022.] |
| Case Designated ECF. (pc) [Transferred from New York Southern on 7/29/2022.] |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Alan Ett, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Ross Cameron, Lyric Capital Management Group LP, Jonathan Singer, Spirit Music Group, Inc...(Stoler, Jonathan) [Transferred from New York Southern on 7/29/2022.] |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lyric Capital Management Group LP, Spirit Music Group, Inc...(Stoler, Jonathan) [Transferred from New York Southern on 7/29/2022.] |
| Filing 2 CIVIL COVER SHEET filed..(Stoler, Jonathan) [Transferred from New York Southern on 7/29/2022.] |
| Filing 1 PETITION TO STAY ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-25494507).Document filed by Spirit Music Group, Inc., Jonathan Singer, Lyric Capital Management Group LP, Ross Cameron..(Stoler, Jonathan) [Transferred from New York Southern on 7/29/2022.] |
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