REI Holdings, LLC v. Marcus
| REI Holdings, LLC |
| Edward Marcus also known as Edward L. Marcus doing business as Marcus Law Firm and Edward L. Marcus |
| 3:2020cv01178 |
| August 13, 2020 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 17
NOTICE by REI Holdings, LLC of Initial Disclosures (Lavenburg, David)
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Filing 16
ORDER granting Plaintiff's #15 Consent Motion for Extension of Time to File Response/Reply re #13 MOTION to Dismiss. Responses due by 11/16/2020. Signed by Judge Vanessa L. Bryant on 10/6/2020. (Nault, James)
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Filing 15
MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss and Memorandum of Law until 11-16-20 by REI Holdings, LLC. (Lavenburg, David)
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Filing 14
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 9/28/2020. (Shafer, J.)
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Filing 13
MOTION to Dismiss and Memorandum of Law by Edward Marcus.Responses due by 10/16/2020 (Attachments: #1 Memorandum in Support)(Day, Patrick)
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Filing 12
SUMMONS Returned Executed by REI Holdings, LLC. Edward Marcus served on 8/19/2020, answer due 9/26/2020. (Lavenburg, David)
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Filing 11
ORDER granting Defendant's #10 Consent Motion for Extension of Time to Rerspond to the Complaint until 9/26/2020. Signed by Judge Vanessa L. Bryant on 8/27/2020. (Nault, James)
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Answer deadline updated to 9/26/2020 per Dkt. 11 Order. (Shafer, J.)
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Filing 10
MOTION for Extension of Time until September 26, 2020To Respond To Plaintiff REI Holdings, Inc. #1 Complaint by Edward Marcus. (Day, Patrick)
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Filing 9
NOTICE of Appearance by Patrick J. Day on behalf of Edward Marcus (Day, Patrick)
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Filing 8
NOTICE by REI Holdings, LLC Rule 7.1 Disclosure Statement (Lavenburg, David)
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Filing 7
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Edward Marcus* with answer to complaint due within *21* days. Attorney *David A. Lavenburg* *Kroll McNamara Evans & Delahanty* *65 Memorial Rd., Suite 300* *West Hartford, CT 06107*. (Velez, F.)
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Filing 6
NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES: Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint filed by REI Holdings, LLC, #5 Order Re: Chambers Practices, #3 Electronic Filing Order, #2 Order on Pretrial Deadlines, #4 Standing Protective Order. Signed by Clerk on 8/14/2020. (Velez, F.)
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Filing 5
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 8/13/2020. (Velez, F.)
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Filing 4
STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 8/13/2020. (Velez, F.)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 8/13/2020. (Velez, F.)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 10/12/2020; Discovery due by 2/12/2021; Dispositive Motions due by 3/19/2021. Signed by Clerk on 8/13/2020. (Velez, F.)
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Judge Vanessa L. Bryant added. (Oliver, T.)
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Filing 1
COMPLAINT against Edward Marcus ( Filing fee $400 receipt number ACTDC-6031077.), filed by REI Holdings, LLC. (Attachments: #1 Civil Cover Sheet)(Lavenburg, David)
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Request for Clerk to issue summons as to Edward Marcus. (Lavenburg, David)
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