Prospect Funding Holdings (NY), LLC v. Ronald J. Palagi, P.C., L.L.C. et al
| Prospect Funding Holdings (NY), LLC |
| Ronald J. Palagi, P.C., L.L.C. and Che Stubblefield |
| 8:2018cv00015 |
| January 12, 2018 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| John M. Gerrard |
| Michael D. Nelson |
| Arbitration |
| 09 U.S.C. ยง 1 U.S. Arbitration Act |
| None |
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Filing
112
JUDGMENT - For the reasons set forth in the accompanying memorandum and order, judgment is entered for Ronald J. Palagi and Ronald J. Palagi, P.C., LLC and against Prospect Fundings Holdings (NY), LLC, and the arbitration award is vacated. Ordered by Judge John M. Gerrard. (LKO)
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Filing
93
ORDER TO SHOW CAUSE Prospect Funding shall show cause, on or before June 1, 2021, why Palagi's motion to vacate (filing 91 ) should not be granted and the arbitration award of March 10, 2021 should not be vacated. Should Prospect Funding respon d, Palagi may reply in support of the motion to vacate on or before June 15, 2021. The Clerk of the Court shall set a response deadline for the motion to vacate (filing 91 ) of June 1, 2021 and a reply deadline of June 15, 2021. Ordered by Chief Judge John M. Gerrard. (Copies mailed as directed)(LRM)
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Filing
32
MEMORANDUM AND ORDER - The defendants' surreply brief (filing 30 ) is stricken. The defendants' motion to delay ruling pending discovery (filing 21 ) is granted. The defendants' motion to dismiss (filing 29 ) is denied. On or before June 22, 2019, the parties shall confer and contact the Magistrate Judge's chambers to set a case planning conference for purposes of establishing a progression schedule, to include deadlines for the parties to complete discovery and reassert t heir claims through cross-motions for summary judgment meeting the requirements of Fed. R. Civ. P. 56 and NECivR 56.1. Discovery shall be limited to: a. whether the defendants were given proper notice of the arbitration proceedings, b. whether the de fendants were given proper notice of the arbitration awards, c. whether the Sale and Repurchase Agreement can be enforced against Ronald J. Palagi, P.C., L.L.C., and d. whether Prospect Funding is "transacting business in this state" within the meaning of the Nebraska Uniform Limited Liability Company Act; unless additional discovery is, for good cause shown, authorized by the undersigned or the Magistrate Judge. Ordered by Judge John M. Gerrard. (LKO)
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Filing
13
ORDER - The plaintiff's motion for leave to file a reply brief (filing 12 ) is granted. The defendants may respond to the plaintiff's application to confirm arbitration awards (filing 1 ) on or before March 23, 2018, pursuant to NECivR 7. 1(b). The plaintiff may reply in support of its application on or before March 30, 2018, pursuant to NECivR 7.1(c). The Clerk of the Court shall set a case management deadline for March 30, 2018, with the following docket text: Check on submission of plaintiff's application to confirm arbitration awards. Any request from the defendants to vacate the arbitration award shall be presented by separate motion, filed pursuant to NECivR 7.1(a), on or before March 23, 2018. The plaintiff may respond to such a motion, should one be filed, on or before April 13, 2018, and the defendants may reply in support of their anticipated motion on or before April 20, 2018. Ordered by Judge John M. Gerrard. (KLF)
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