Liebert et al v. Jones et al
| Tim Sestrich and Brian Liebert |
| Doug Colvard, Jesse H. Jones and Sean Valle |
| 3:2020cv00970 |
| July 14, 2020 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 21
ORDER granting Plaintiffs' #18 Consent Motion for Extension of Time until 9/24/2020 to respond to Defendants' #16 Motion to Dismiss. Signed by Judge Vanessa L. Bryant on 9/8/2020. (Nault, James)
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| Reset deadline as to #16 MOTION to Dismiss: response is now due by 9/24/2020 per Dkt. 21. (Shafer, J.) |
| Filing 20 26(f) NOTICE: The Court has reviewed the file in this case to monitor compliance with Local Rule 26(f). Local Rule 26(f) provides that, within thirty days after the appearance of any defendant, the attorneys of record and any unrepresented parties must confer for purposes described in Fed. R. Civ. P. 26(f). Local Rule 26(f) further provides that, within fourteen days after the conference, the participants must jointly file a report of the conference using Form 26(f). It appears that more than forty-four days have passed since the appearance of a defendant in this case but no report has been filed. Accordingly, it is hereby ordered that the parties must file on or before 9/15/2020: (1) a written statement signed by all counsel of record demonstrating that this case is exempt from the requirement of filing a form 26(f) report; or (2) a form 26(f) report along with a written statement signed by all counsel of record explaining why sanctions should not be imposed for the parties failure to comply with Local Rule 26(f). Failure to comply with this order will result in dismissal of the complaint. Signed by Clerk on 9/1/2020. (Shafer, J.) |
| Filing 19 NOTICE of Appearance by Karen L Allison on behalf of Doug Colvard, Jesse H. Jones, Sean Valle (Allison, Karen) |
| Filing 18 First MOTION for Extension of Time until September 24, 2020 Opportunity to review law #16 MOTION to Dismiss by Brian Liebert. (Virgulto, Thomas) |
| Filing 17 NOTICE RE: MOTION TO DISMISS. The parties are reminded that the pendency of a motion to dismiss does not automatically stay discovery, except in cases covered by the Private Securities Litigation Reform Act. See Brooks v. Macy's, Inc., No. 10-CIV-5304, 2010 WL 5297756, at *1 (S.D.N.Y. Dec. 21, 2010) (collecting cases), reh'g denied, No. 10-CIV-5304, 2011 WL 1362191 (S.D.N.Y. Apr. 8, 2011); see also Moran v. Flaherty, No. 92-CV-3200, 1992 WL 276913, at *1 (S.D.N.Y. Sept. 25, 1992). The court may enter a stay of discovery in its discretion upon a showing [as distinguished from an assertion] of good cause. Fed. R. Civ. P. 26(c); see also Integrated Sys. & Power, Inc. v. Honeywell Int'l, Inc. , No. 09-CIV-5874, 2009 WL 2777076, at *1 (S.D.N.Y. Sept. 1, 2009); accord Ellington Credit Fund, Ltd. v. Select Portfolio Servs., Inc. , No. 08-CV-2437, 2009 WL 274483, at *1 (S.D.N.Y. Feb. 3, 2009). In determining whether good cause exists, the court considers several factors including: (1) whether a defendant has made a strong showing that the plaintiff's claim is unmeritorious, (2) the breadth of discovery and the burden of responding to it, and (3) the risk of unfair prejudice to the party opposing the stay. Negrete v. Citibank, N.A., No. 15-CV-7250, 2015 WL 8207466, at *1 (S.D.N.Y. Dec. 7, 2015). Other factors include the nature of the case, whether dismissal will resolve the case, effect of dismissal on the scope of discovery, age of the case, complexity of discovery needed, remedy sought, extensions previously granted, parties' diligence, judicial efficiency, and other appropriate factors. Discovery in this case is NOT stayed. Accordingly, any party moving to stay discovery must demonstrate, as oppose to assert, the Court should exercise its discretion to stay the case. Signed by Judge Vanessa L. Bryant on 8/11/2020. (Shafer, J.) |
| Filing 16 MOTION to Dismiss by Doug Colvard, Jesse H. Jones, Sean Valle.Responses due by 9/1/2020 (Attachments: #1 Memorandum in Support, #2 Exhibit A - Affidavit of Jesse Jones, Esq., #3 Exhibit B - Affidavit of Douglas Colvard, Esq., #4 Exhibit C - Affidavit of Sean Valle, Esq.)(Deluca, Charles) |
| Answer deadline updated to 8/11/2020 per Dkt. 15 Order. (Shafer, J.) |
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Filing 15
ORDER granting Defendants' #14 Consent Motion for Extension of Time until 8/11/2020 to Respond to Complaint. Signed by Judge Vanessa L. Bryant on 7/18/2020. (Nault, James)
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| Filing 14 MOTION for Extension of Time until August 11, 2020 to Plead by Doug Colvard, Jesse H. Jones, Sean Valle. (Deluca, Charles) |
| Filing 13 NOTICE of Appearance by Thomas A. Virgulto on behalf of Brian Liebert (Virgulto, Thomas) |
| Filing 12 NOTICE TO COUNSEL: Counsel initiating or removing this action are responsible for serving all parties with attached documents and copies of #11 Order Re: Chambers Practices, #8 Order on Pretrial Deadlines, #5 Notice of Appearance, #3 Notice, #2 Notice, #10 Standing Protective Order, #6 Notice, #7 Notice, #1 Notice of Removal, #9 Electronic Filing Order, and #4 Notice of Appearance. Signed by Clerk on 7/14/2020. (Attachments: #1 STANDING ORDER ON REMOVED CASES) (Shafer, J.) |
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Filing 11
ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 7/14/2020. (Shafer, J.)
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Filing 10
STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 7/14/2020. (Shafer, J.)
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Filing 9
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 7/14/2020. (Shafer, J.)
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Filing 8
Order on Pretrial Deadlines: Amended Pleadings due by 9/12/2020; Discovery due by 1/13/2021; Dispositive Motions due by 2/17/2021. Signed by Clerk on 7/14/2020. (Shafer, J.)
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| Filing 7 NOTICE by Doug Colvard, Jesse H. Jones, Sean Valle re #1 Notice of Removal Standing Order in Removed Cases (Deluca, Charles) |
| Filing 6 NOTICE by Doug Colvard, Jesse H. Jones, Sean Valle re #1 Notice of Removal NOTICE OF PENDING MOTIONS (Deluca, Charles) |
| Filing 5 ENTERED IN ERROR - NOTICE of Appearance by Charles A. Deluca on behalf of Doug Colvard, Jesse H. Jones, Sean Valle (Deluca, Charles) Modified on 7/14/2020 (Walker, J.). |
| Filing 4 NOTICE of Appearance by Charles A. Deluca on behalf of Doug Colvard, Jesse H. Jones, Sean Valle (Deluca, Charles) |
| Filing 3 NOTICE by Doug Colvard, Jesse H. Jones, Sean Valle re #2 Notice (Other), #1 Notice of Removal AMENDED NOTICE OF FILING OF NOTICE OF REMOVAL (Deluca, Charles) |
| Filing 2 NOTICE by Doug Colvard, Jesse H. Jones, Sean Valle re #1 Notice of Removal NOTICE OF FILING OF NOTICE OF REMOVAL (Deluca, Charles) |
| Filing 1 NOTICE OF REMOVAL by Doug Colvard, Jesse H. Jones, Sean Valle from Stamford Superior Court, case number FST-CV-20-647469. Filing fee $ 400 receipt number ACTDC-5970821, filed by Doug Colvard, Jesse H. Jones, Sean Valle.(Deluca, Charles) |
| Judge Vanessa L. Bryant added. (Oliver, T.) |
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