Mirkin et al v. XOOM Energy, LLC et al

Justia Dockets & Filings Second Circuit New York Eastern District Mirkin et al v. XOOM Energy, LLC et al

Mirkin et al v. XOOM Energy, LLC et al

Plaintiff:	Boris Mirkin and Susanna Mirkin
Defendant:	XOOM Energy, LLC and XOOM Energy New York, LLC
Case Number:	1:2018cv02949
Filed:	May 17, 2018
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Ramon E Reyes
Referring Judge:	Allyne R Ross
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on August 31, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 31, 2023	Filing 152 ORDER granting #131 Motion to Certify Class. For the reasons set forth in the attached Opinion & Order, plaintiff's motion is granted. I certify the proposed class, appoint Susanna Mirkin as class representative, and appoint Wittels McIntuff Palikovic as lead class counsel. Within 21 days, class counsel shall submit a proposed form of notice to class members and a proposed plan for distributing notice. Ordered by Judge Allyne R. Ross on 8/31/2023. (NH)
August 14, 2023	Filing 151 ORDER granting in part and denying in part #145 Motion for Summary Judgment. For the reasons set forth in the attached Opinion and Order, I grant defendants' motion as to Boris Mirkin because he was neither a party to nor a third-party beneficiary of the contract; I deny the motion as to Susanna Mirkin because she contracted to receive residential electricity from defendants and there is a genuine dispute as to whether defendants breached the contract. Ordered by Judge Allyne R. Ross on 8/14/2023. (NH)
May 5, 2023	Filing 149 REPLY in Support re #145 MOTION for Summary Judgment filed by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Defendants' Response to Plaintiffs' Statement of Additional Material Facts) (Matthews, Michael)
May 5, 2023	Filing 147 RESPONSE in Opposition re #145 MOTION for Summary Judgment filed by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Declaration of Steven L. Wittels, #2 Ex. 1 - Mirkins_00001, #3 Ex. 2 - Pls.' Expert Report, #4 Ex. 3 - Pls.' Rebuttal Report, #5 Ex. 4 - B. Mirkin Excerpts, #6 Ex. 5 - S. Mirkin Excerpts, #7 Ex. 6 - Rebuttal Rep. Ex. 6, #8 Ex. 7 - XOOM_MIRKIN_069057, #9 Ex. 8 - Coleman Excerpts, #10 Ex. 9 - Rebuttal Rep. Ex. 7, #11 Ex. 10 - Defs.' Responses to 1st RFPs Excerpted, #12 Ex. 11 - Ltr. re Amended Responses to 1st RFPs, #13 Ex. 12 - XOOM_MIRKIN_047611, #14 Ex. 13 - 1996 PSC Deregulation Order, #15 Ex. 14 - ESCO Bill of Rights Sponsoring Memo PSC Staff, #16 Ex. 15 - Feb. 2014 PSC Order, #17 Ex. 16 - Mar. 2018 PSC Staff Brief, #18 Ex. 17 - Dec. 2019 PSC Order, #19 Ex. 18 - Appellants' Opening Brief, #20 Ex. 19 - Loehde Excerpts, #21 Ex. 20 - Coppola Excerpts, #22 Ex. 21 - Park Excerpts, #23 Ex. 22 - XOOM_MIRKIN_065820, #24 Ex. 23 - Defs.' Supp. Responses RFAs, #25 Ex. 24 - 30b6 Excerpts, #26 Ex. 25 - Todd Ulry Excerpts, #27 Ex. 26 - XOOM_MIRKIN_063242, #28 Ex. 27 - XOOM_MIRKIN_018504, #29 Ex. 28 - XOOM_MIRKIN_020937, #30 Ex. 29 - XOOM_MIRKIN_024527, #31 Ex. 30 - XOOM_MIRKIN_012147, #32 Ex. 31 - XOOM_MIRKIN_012175, #33 Ex. 32 - XOOM_MIRKIN_023637, #34 Ex. 33 - XOOM_MIRKIN_065172, #35 Ex. 34 - Chidester Excerpts, #36 Ex. 35 - Todd Chester Excerpts, #37 Ex. 36 - XOOM_MIRKIN_040361, #38 Ex. 37 - XOOM_MIRKIN_005412, #39 Ex. 38 - XOOM_INIT_001118, #40 Ex. 39 - XOOM_MIRKIN_073867, #41 Ex. 40 - XOOM_INIT_000162, #42 Ex. 41 - Defs.' Responses to 2nd Rogs, #43 Ex. 42 - Ulry Excerpts, #44 Ex. 43 - XOOM_MIRKIN_016476, #45 Ex. 44 - XOOM_MIRKIN_015251, #46 Ex. 45 - Adamson Excerpts, #47 Ex. 46 - Eryilmaz Excerpts, #48 Ex. 47 - XOOM_MIRKIN_007283, #49 Ex. 48 - XOOM_MIRKIN_012462, #50 Ex. 49 - XOOM_MIRKIN_022815, #51 Ex. 50 - XOOM Expert Rebuttal Rep., #52 Plaintiffs' Response to Defendants' Statement of Material Facts and Statement of Additional Material Facts) (Wizig, Diane)
May 5, 2023	Filing 145 MOTION for Summary Judgment by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Memorandum in Support of Defendants' Motion for Summary Judgment, #2 Ex. A - MDM Declaration, #3 Ex. A-1 - Appellants' Opening Brief, #4 Ex. A-2 - Appellants' Reply Brief, #5 Ex. A-3 - Coleman Report, #6 Ex. A-4 - Coleman Rebuttal Report, #7 Ex. A-5 - Pls.' Expert Report, #8 Ex. A-6 - Pls.' Expert Rebuttal Report, #9 Ex. A-7 - 2020.08.27 Hearing Transcript, #10 Ex. A-8 - B. Mirkin Deposition Excerpts, #11 Ex. A-9 - S. Mirkin Deposition Excerpts, #12 Ex. A-10 - Loehde Deposition Excerpts, #13 Ex. A-11 - Loehde Corporate Rep. Deposition Excerpts, #14 Ex. A-12 - Park Deposition Excerpts, #15 Ex. A-13 - Coppola Deposition Excerpts, #16 Ex. A-14 - Ulry Deposition Excerpts, #17 Ex. A-15 - Chidester Deposition Excerpts, #18 Ex. A-16 - Adamson Deposition Excerpts, #19 Ex. A-17 - Eryilmaz Deposition Excerpts, #20 Ex. A-18 - Account Statement, #21 Ex. A-19 - Contract, #22 Ex. A-20 - New Customer Enrollment, #23 Ex. A-21 - U.S. Energy Information Administration Data, #24 Ex. A-22 - Summary Chart, #25 Defendants' Statement of Material Facts) (Matthews, Michael)
April 14, 2023	Filing 144 Letter to Judge Allyne R. Ross Regarding Plaintiffs' Opposition to Defendants' Motion for Summary Judgment by Boris Mirkin, Susanna Mirkin (Wittels, Steven)
April 7, 2023	ORDER denying #143 Motion to Strike. I have reviewed defendants' #143 letter motion to strike the evidence relied upon by plaintiffs in their reply in support of the motion for class certification. Defendants are correct that I am "free to disregard argument raised for the first time in reply papers." Am. Hotel Intern. Grp., Inc. v. OneBeacon Ins. Co., 611 F. Supp. 2d 373, 375 (S.D.N.Y. 2009). Whether or not to do so is within my discretion. See id. In light of the fact that defendants will soon file a reply in support of their motion for summary judgment, see April 5, 2023 Docket Order, I see no need to strike the additional evidence and arguments. Defendants are granted leave to incorporate their sur-reply in opposition to plaintiffs' class certification motion into the filing due on May 5, 2023.Ordered by Judge Allyne R. Ross on 4/7/2023. (BH)
April 6, 2023	Filing 143 Letter MOTION to Strike #135 Reply in Support, #141 1 - Sealed Document CV,,,,, Affidavit in Support of Motion,,,, #140 1 - Sealed Document CV, Reply in Support, #136 Affidavit in Support of Motion,,,, or for leave to file surreply in further opposition to class certification by XOOM Energy New York, LLC, XOOM Energy, LLC. (Matthews, Michael)
April 5, 2023	Filing 142 MOTION for Extension of Time to File Response/Reply in Opposition to Defendants' Motion for Summary Judgment by Boris Mirkin, Susanna Mirkin. (Roman, Ethan)
April 5, 2023	ORDER granting #142 Motion for Extension of Time to File Response/Reply re #142 MOTION for Extension of Time to File Response/Reply in Opposition to Defendants' Motion for Summary Judgment. Response in opposition due by 4/14/2023. Reply due by 5/5/2023.Ordered by Judge Allyne R. Ross on 4/5/2023. (BH)
March 24, 2023	Filing 141 AFFIDAVIT/DECLARATION in Support re #131 MOTION to Certify Class Declaration of Ethan D. Roman, dated 03/24/2023 filed by Boris Mirkin, Susanna Mirkin. (Attachments: #1 Exhibit 1 - XOOM_MIRKIN_012147, #2 Exhibit 2 - XOOM_MIRKIN_065820, #3 Exhibit 3 - XOOM_MIRKIN_047611, #4 Exhibit 4 - Defs.' First FRP Resps, #5 Exhibit 5 - Ltr re First RFP Am Response, #6 Exhibit 6 - XOOM_MIRKIN_063242, #7 Exhibit 7 - XOOM_MIRKIN_018504, #8 Exhibit 8 - XOOM_MIRKIN_020937, #9 Exhibit 9 - XOOM_MIRKIN_024527, #10 Exhibit 10 - XOOM_MIRKIN_012175, #11 Exhibit 11 - XOOM_MIRKIN_023637, #12 Exhibit 12 - XOOM_MIRKIN_065172, #13 Exhibit 13 - Defs.' Expert Rep., #14 Exhibit 14 - XOOM_MIRKIN_022815, #15 Exhibit 15 - XOOM_MIRKIN_069057, #16 Exhibit 16 - Todd v. XOOM Chester Tr. Excerpts, #17 Exhibit 17 - XOOM_MIRKIN_040361, #18 Exhibit 18 - XOOM_MIRKIN_007283, #19 Exhibit 19 - XOOM_MIRKIN_012462, #20 Exhibit 20 - Loehde Tr. Excerpts, #21 Exhibit 21 - Ulry Tr. Excerpts, #22 Exhibit 22 - XOOM_MIRKIN_016476, #23 Exhibit 23 - XOOM_MIRKIN_015251, #24 Exhibit 24 - B. Mirkin Tr. Excerpts, #25 Exhibit 25 - S. Mirkin Tr. Excerpts) (Wittels, Steven)
March 24, 2023	Filing 140 REPLY in Support re #131 MOTION to Certify Class filed by Boris Mirkin, Susanna Mirkin. (Wittels, Steven)
March 24, 2023	Filing 139 RESPONSE in Opposition re #131 MOTION to Certify Class XOOM's Opposition to Plaintiffs' Motion to Certify Class filed by Boris Mirkin, Susanna Mirkin. (Attachments: #1 Exhibit A - MDM Declaration, #2 Exhibit A-01 - Defs.' Expert Report, #3 Exhibit A-02 - Defs.' Expert Rebuttal Report, #4 Exhibit A-03 - Gateway-Bell MTD Order, #5 Exhibit A-04 - 2005 Order, #6 Exhibit A-05 - 2020.08.27 Mtn to Compel Tr., #7 Exhibit A-06 - B. Mirkin Tr., #8 Exhibit A-07 - S. Mirkin Tr., #9 Exhibit A-08 - Loehde Tr., #10 Exhibit A-09 - 30b6 Tr., #11 Exhibit A-10 - Park Tr., #12 Exhibit A-11 - Coppola Tr., #13 Exhibit A-12 - Ulry Tr., #14 Exhibit A-13 - Chidester Tr., #15 Exhibit A-14 - Adamson Tr.) (Wittels, Steven)
March 24, 2023	Filing 138 AFFIDAVIT/DECLARATION in Support re #131 MOTION to Certify Class Declaration of Steven L. Wittels, dated 12/16/2022 filed by Boris Mirkin, Susanna Mirkin. (Attachments: #1 Exhibit 1 - Eryilmaz Tr. Excerpts, #2 Exhibit 2 - Coleman Tr. Excerpts, #3 Exhibit 3 - Pls.' Expert Report, #4 Exhibit 4 - Defs.' Suppl RFA Resps, #5 Exhibit 5 - Defs.' Suppl Interrog Resps, #6 Exhibit 6 - Bell Opinion, #7 Exhibit 7 - 1996 PSC Deregulation Order, #8 Exhibit 8 - ESCO Bill of Rights Sponsoring Memo, #9 Exhibit 9 - Mar. 2018 PSC Staff Brief, #10 Exhibit 10 - Dec. 2019 PSC Order, #11 Exhibit 11 - SimpleFlex SA Pre Feb 2016, #12 Exhibit 12 - Natural Gas SA, #13 Exhibit 13 - BizChoice SA, #14 Exhibit 14 - SimpleClean SA, #15 Exhibit 15 - BizSimpleClean SA, #16 Exhibit 16 - 30b6 Tr. Excerpts, #17 Exhibit 17 - Loehde Tr. Excerpts, #18 Exhibit 18 - 2.23.22 Hr'g Tr., #19 Exhibit 19 - Todd v. XOOM Loehde Tr. Excerpts, #20 Exhibit 20 - SimpleFlex SA Post Feb 2016, #21 Exhibit 21 - Defs.' Resps to 2nd Interrogs, #22 Exhibit 22 - Coppola Tr. Excerpts, #23 Exhibit 23 - Park Tr. Excerpts, #24 Exhibit 24 - Chidester Tr. Excerpts, #25 Exhibit 25 - Todd v. XOOM Ulry Tr. Excerpts, #26 Exhibit 26 - Exemplar RSW, #27 Exhibit 27 - B. Mirkin Tr. Excerpts, #28 Exhibit 28 - S. Mirkin Tr. Excerpts, #29 Exhibit 29 - Pls.' Expert Rebuttal Report, #30 Exhibit 30 - Mirkins_00061, #31 Exhibit 31 - Renewal Notice, #32 Exhibit 32 - Kulesa Tr. Excerpts, #33 Exhibit 33 - WMP Firm Resume) (Wittels, Steven)
March 24, 2023	Filing 137 MEMORANDUM in Support re #131 MOTION to Certify Class filed by Boris Mirkin, Susanna Mirkin. (Wittels, Steven)
March 24, 2023	Filing 136 AFFIDAVIT/DECLARATION in Support re #131 MOTION to Certify Class Reply Declaration of Ethan D. Roman dated 3/24/2023 filed by Boris Mirkin, Susanna Mirkin. (Attachments: #1 Exhibit 1 - XOOM_MIRKIN_012147, #2 Exhibit 2 - XOOM_MIRKIN_065820, #3 Exhibit 3 - XOOM_MIRKIN_047611, #4 Exhibit 4 - Defs.' First FRP Resps, #5 Exhibit 5 - Ltr re First RFP Am Response, #6 Exhibit 6 - XOOM_MIRKIN_063242, #7 Exhibit 7 - XOOM_MIRKIN_018504, #8 Exhibit 8 - XOOM_MIRKIN_020937, #9 Exhibit 9 - XOOM_MIRKIN_024527, #10 Exhibit 10 - XOOM_MIRKIN_012175, #11 Exhibit 11 - XOOM_MIRKIN_023637, #12 Exhibit 12 - XOOM_MIRKIN_065172, #13 Exhibit 13 - Defs.' Expert Rep., #14 Exhibit 14 - XOOM_MIRKIN_022815, #15 Exhibit 15 - XOOM_MIRKIN_069057, #16 Exhibit 16 - Todd v. XOOM Chester Tr. Excerpts, #17 Exhibit 17 - XOOM_MIRKIN_040361, #18 Exhibit 18 - XOOM_MIRKIN_007283, #19 Exhibit 19 - XOOM_MIRKIN_012462, #20 Exhibit 20 - Loehde Tr. Excerpts, #21 Exhibit 21 - Ulry Tr. Excerpts, #22 Exhibit 22 - XOOM_MIRKIN_016476, #23 Exhibit 23 - XOOM_MIRKIN_015251, #24 Exhibit 24 - B. Mirkin Tr. Excerpts, #25 Exhibit 25 - S. Mirkin Tr. Excerpts) (Wittels, Steven)
March 24, 2023	Filing 135 REPLY in Support re #131 MOTION to Certify Class filed by Boris Mirkin, Susanna Mirkin. (Wittels, Steven)
March 24, 2023	Filing 134 RESPONSE in Opposition re #131 MOTION to Certify Class XOOM's Opposition to Plaintiffs' Motion to Certify Class filed by Boris Mirkin, Susanna Mirkin. (Attachments: #1 Exhibit A - MDM Declaration, #2 Exhibit A-01 - Defs.' Expert Report, #3 Exhibit A-02 - Defs.' Expert Rebuttal Report, #4 Exhibit A-03 - Gateway-Bell MTD Order, #5 Exhibit A-04 - 2005 Order, #6 Exhibit A-05 - 2020.08.27 Mtn to Compel Tr., #7 Exhibit A-06 - B. Mirkin Tr., #8 Exhibit A-07 - S. Mirkin Tr., #9 Exhibit A-08 - Loehde Tr., #10 Exhibit A-09 - 30b6 Tr., #11 Exhibit A-10 - Park Tr., #12 Exhibit A-11 - Coppola Tr., #13 Exhibit A-12 - Ulry Tr., #14 Exhibit A-13 - Chidester Tr., #15 Exhibit A-14 - Adamson Tr.) (Wittels, Steven)
March 24, 2023	Filing 133 AFFIDAVIT/DECLARATION in Support re #131 MOTION to Certify Class Declaration of Steven L. Wittels, dated 12/16/2022 filed by Boris Mirkin, Susanna Mirkin. (Attachments: #1 Exhibit 1 - Eryilmaz Tr. Excerpts, #2 Exhibit 2 - Coleman Tr. Excerpts, #3 Exhibit 3 - Pls.' Expert Report, #4 Exhibit 4 - Defs.' Suppl RFA Resps, #5 Exhibit 5 - Defs.' Suppl Interrog Resps, #6 Exhibit 6 - Bell Opinion, #7 Exhibit 7 - 1996 PSC Deregulation Order, #8 Exhibit 8 - ESCO Bill of Rights Sponsoring Memo, #9 Exhibit 9 - Mar. 2018 PSC Staff Brief, #10 Exhibit 10 - Dec. 2019 PSC Order, #11 Exhibit 11 - SimpleFlex SA Pre Feb 2016, #12 Exhibit 12 - Natural Gas SA, #13 Exhibit 13 - BizChoice SA, #14 Exhibit 14 - SimpleClean SA, #15 Exhibit 15 - BizSimpleClean SA, #16 Exhibit 16 - 30b6 Tr. Excerpts, #17 Exhibit 17 - Loehde Tr. Excerpts, #18 Exhibit 18 - 2.23.22 Hr'g Tr., #19 Exhibit 19 - Todd v. XOOM Loehde Tr. Excerpts, #20 Exhibit 20 - SimpleFlex SA Post Feb 2016, #21 Exhibit 21 - Defs.' Resps to 2nd Interrogs, #22 Exhibit 22 - Coppola Tr. Excerpts, #23 Exhibit 23 - Park Tr. Excerpts, #24 Exhibit 24 - Chidester Tr. Excerpts, #25 Exhibit 25 - Todd v. XOOM Ulry Tr. Excerpts, #26 Exhibit 26 - Exemplar RSW, #27 Exhibit 27 - B. Mirkin Tr. Excerpts, #28 Exhibit 28 - S. Mirkin Tr. Excerpts, #29 Exhibit 29 - Pls.' Expert Rebuttal Report, #30 Exhibit 30 - Mirkins_00061, #31 Exhibit 31 - Renewal Notice, #32 Exhibit 32 - Kulesa Tr. Excerpts, #33 Exhibit 33 - WMP Firm Resume) (Wittels, Steven)
March 24, 2023	Filing 132 MEMORANDUM in Support re #131 MOTION to Certify Class filed by Boris Mirkin, Susanna Mirkin. (Wittels, Steven)
March 24, 2023	Filing 131 MOTION to Certify Class by Boris Mirkin, Susanna Mirkin. (Wittels, Steven)
March 13, 2023	ORDER granting #130 Motion for Extension of Time to File. The plaintiffs' reply in support of the motion for class certification shall be due on or before March 24, 2023. Ordered by Judge Allyne R. Ross on 3/13/2023. (BH)
March 10, 2023	Filing 130 MOTION for Extension of Time to File Plaintiffs' Class Certification Reply by Boris Mirkin, Susanna Mirkin. (Roman, Ethan)
March 8, 2023	Filing 129 Letter regarding service of Defendants' Motion for Summary Judgment by XOOM Energy New York, LLC, XOOM Energy, LLC (Matthews, Michael)
March 1, 2023	Filing 128 Consent MOTION for Extension of Time to File Motion for Summary Judgment by XOOM Energy New York, LLC, XOOM Energy, LLC. (Matthews, Michael)
March 1, 2023	ORDER granting #128 Motion for Extension of Time to File. Defendants' motion for summary judgment shall be served on or before March 8, 2023. Ordered by Judge Allyne R. Ross on 3/1/2023. (BH)
February 7, 2023	ORDER granting #127 Motion to Adjourn 2/9/2023 Conference sine die. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/7/2023. (MV)
February 6, 2023	Filing 127 Letter Joint Status Update to Judge Reyes Pursuant to 2023.02.03 Order by Boris Mirkin, Susanna Mirkin (Wittels, Steven) Modified on 2/7/2023 to add MOTION to Adjourn Conference (MV).
February 3, 2023	ORDER: During the Telephone Conference held on 11/1/2022, the Parties were ordered By 2/2/2023, the parties must inform the Court whether the Feb. 9th, teleconference is necessary. Parties shall file a response to the Court's order by filing a Status Report on or before 2/6/2023. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/3/2023. (MV)
January 23, 2023	Filing 126 TRANSCRIPT REQUEST by XOOM Energy New York, LLC, XOOM Energy, LLC for proceedings held on 11-01-2022 before Judge Ramon E. Reyes, Jr.. (Matthews, Michael)
January 13, 2023	Filing 125 TRANSCRIPT of Proceedings held on November 1, 2022, before Judge Reyes. Court Transcriber: Abba Reporting. Email address: abbareporting@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/3/2023. Redacted Transcript Deadline set for 2/13/2023. Release of Transcript Restriction set for 4/13/2023. (RC)
January 13, 2023	Filing 124 NOTICE of Appearance by James Monroe Chambers on behalf of XOOM Energy New York, LLC, XOOM Energy, LLC (notification declined or already on case) (Chambers, James)
January 13, 2023	Filing 123 NOTICE of Appearance by David Lee Villarreal on behalf of XOOM Energy New York, LLC, XOOM Energy, LLC (notification declined or already on case) (Villarreal, David)
January 12, 2023	ORDER granting #122 Motion for James Monroe Chambers Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/11/2023. (MV)
January 12, 2023	ORDER granting #121 Motion for David Lee Villarreal Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/11/2023. (MV)
January 10, 2023	Filing 122 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number BNYEDC-16295710. by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Affidavit in Support, #2 Exhibit TX Certificate of Good Standing, #3 Exhibit TN Certificate of Good Standing) (Chambers, James)
January 10, 2023	Filing 121 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number NYEDC-16295225. by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Affidavit in Support, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Exhibit Certificate of Good Standing) (Villarreal, David)
January 6, 2023	ORDER granting in part and denying in part #120 Motion for Extension of Time to File Response/Reply. The parties' motion to extend the filing schedule for the motion for class certification is granted; defendant's opposition shall be due on or before February 3, 2023, and plaintiff's reply shall be due on or before March 17, 2023.I have reviewed the parties' pre-motion letters concerning defendant's anticipated motion for summary judgment and determined that a pre-motion conference is not necessary. The court grants defendant permission to bring the proposed motion. However, I have modified the parties' #120 proposed briefing schedule as follows: defendant's motion for summary judgment and supporting papers shall be served on or before March 3, 2023; plaintiff's opposition and supporting papers shall be served on or before April 12, 2023; and defendant's reply, if any, shall be served on or before May 5, 2023. The fully briefed motion shall be filed in accordance with chambers' rules, including courtesy copies for chambers, no later than May 5, 2023. This schedule may be altered only with permission of the court. Ordered by Judge Allyne R. Ross on 1/6/2023. (BH)
January 5, 2023	Filing 120 Joint MOTION for Extension of Time to File Response/Reply for Class Certification Briefing by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Proposed Revised Case Management Plan) (Matthews, Michael)
January 4, 2023	Filing 119 Letter in Opposition to Defendants' Dec. 23, 2022 Letter (ECF No. 118) Regarding XOOM's Anticipated Motion for Summary Judgment by Boris Mirkin, Susanna Mirkin (Wittels, Steven)
December 27, 2022	ORDER: Defendants have submitted a letter requesting a pre-motion conference regarding an anticipated motion for summary judgment. Plaintiffs' counsel is reminded that, under Judge Ross's Individual Motion Practices, plaintiffs are required to file a responsive letter addressing the legal and factual bases of the anticipated motion within seven business days from service of defendants' letter, on or before January 4, 2023. Plaintiffs are also reminded that pursuant to the #115 scheduling order, they must advise the Court whether they agree with defendants' proposed briefing schedule. Ordered by Judge Allyne R. Ross on 12/27/2022. (BH)
December 23, 2022	Filing 118 Letter requesting pre-motion conference on XOOM's anticipated motion for summary judgment by XOOM Energy New York, LLC, XOOM Energy, LLC (Matthews, Michael)
December 16, 2022	Filing 117 Letter to Judge Allyne R. Ross Regarding Plaintiffs' Motion for Class Certification by Boris Mirkin, Susanna Mirkin (Wittels, Steven)
November 9, 2022	Filing 116 NOTICE of Change of Firm Address Once the filing has been made, you must login to www.pacer.gov and update your account. (Matthews, Michael)
November 1, 2022	Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Telephone Conference held on 11/1/2022. Case called. Plaintiff represented by Steven Wittels, Steven D. Cohen and Steven Cohen. Defendants represented by Diane Wizig. Discussions held on the record. By 2/2/2023, the parties must inform the Court whether the Feb. 9th, teleconference is necessary. A motion to seal certain exhibits attached to documents no. #112 and #114 must be file immediately on ECF. Telephone Conference set for 2/9/2023 at 11:00 AM dialing 1-551-285-1373, Meeting ID: 16033432842, Passcode: 297706 to appear before Magistrate Judge Ramon E. Reyes, Jr. (FTR Log #RER Conference Bridge.) Contact the E.S.R., Dept., at (718) 613-2590 to order the transcript. (MV) Modified on 11/1/2022 (MV).
October 31, 2022	ORDER terminating #111 Motion to Compel. Duplicate of #112 . Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 10/31/2022. (AM)
October 28, 2022	ORDER denying #112 Motion to Compel without prejudice. If upon the conclusion of the underlying Tax Court proceeding there is a finding wrongdoing or dishonesty regarding plaintiffs' taxes, defendants may renew their request for continued depositions. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/28/2022. (Reyes, Ramon)
October 27, 2022	ORDER granting #115 Motion for Extension of Time to Complete Discovery and Extension of Pretrial Deadlines. See document no. [115-1] for all deadlines. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/27/2022. (MV) Modified on 11/1/2022 (MV).
October 26, 2022	Filing 115 Joint MOTION for Extension of Time to Complete Discovery and Extension of Pretrial Deadlines by Boris Mirkin, Susanna Mirkin. (Attachments: #1 Proposed Order Revised Case Management Plan) (Wittels, Steven)
September 20, 2022	Filing 114 RESPONSE in Opposition re #112 MOTION to Compel Second Depositions of Plaintiffs filed by Boris Mirkin, Susanna Mirkin. (Attachments: #1 Exhibit A - Pls.' First Document Requests, #2 Exhibit B - Order to File Decision or Status Report) (Wittels, Steven)
September 16, 2022	Filing 112 MOTION to Compel Second Depositions of Plaintiffs by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Exhibit 1 - Slipsheet for Susanna Mirkin Deposition Transcript Excerpts Filed Under Seal, #2 Exhibit 2- Slipsheet for Boris Mirkin Deposition Transcript Excerpts Filed Under Seal, #3 Exhibit 3 - Tax Court Petition, #4 Exhibit 4 - Tax Court Motion for Continuance) (Matthews, Michael)
September 16, 2022	Filing 111 MOTION to Compel Second Depositions of Plaintiffs by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Exhibit 1 - Slipsheet for Susanna Mirkin Deposition Transcript Excerpts Filed Under Seal, #2 Exhibit 2- Slipsheet for Boris Mirkin Deposition Transcript Excerpts Filed Under Seal, #3 Exhibit 3 - Tax Court Petition, #4 Exhibit 4 - Tax Court Motion for Continuance) (Matthews, Michael)
September 9, 2022	ORDER granting #110 Motion for Extension of Time to Complete Discovery of Plaintiffs' Depositions. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/9/2022. (Vertus, Miriam)
September 8, 2022	Filing 110 Joint MOTION for Extension of Time to Complete Discovery for Plaintiffs' Depositions by XOOM Energy New York, LLC, XOOM Energy, LLC. (Matthews, Michael)
June 27, 2022	ORDER granting #109 Motion for Extension of Time to Complete Discovery. See document no. [109-1] for all deadlines. The 9/13/2022 telephone conference is adjourned to 11/1/2022 at 10:00 AM using the AT&T toll-free number 1-888-684-8852 and Access Code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/27/2022. (Mendelson, Alexander)
June 22, 2022	Filing 109 Joint MOTION for Extension of Time to Complete Discovery and Extension of Pretrial Deadlines by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Proposed Order Revised Case Management Plan) (Matthews, Michael)
April 28, 2022	ORDER granting #108 Motion for Extension of Time to Complete Discovery. See document no. [108-1] for all deadlines. The 7/27/2022 Telephone Conference is adjourned to 9/13/2022 at 10:30 AM dialing the AT&T Toll free no. 1-888-684-8852 then enter the Access Code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/28/2022. (Vertus, Miriam)
April 27, 2022	Filing 108 Joint MOTION for Extension of Time to Complete Discovery and Extension of Pretrial Deadlines by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Proposed Order Proposed Case Management Plan) (Matthews, Michael)
February 16, 2022	Filing 107 NOTICE of Appearance by Ethan Daniel Roman on behalf of Boris Mirkin, Susanna Mirkin (aty to be noticed) (Roman, Ethan)
February 15, 2022	ORDER granting #106 Case Management Statement. Telephone Conference set for 7/27/2022 at 10:00 AM dialing the AT&T toll free number 1-888-684-8852 then Access Code 5496961# to join the teleconference before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/14/2022. (Vertus, Miriam) Modified on 2/15/2022 to change conference date to 7/27/2022. (Vertus, Miriam).
February 11, 2022	Filing 106 CASE MANAGEMENT STATEMENT (joint) (Attachments: #1 Proposed Order re parties' joint Proposed Revised Case Management Plan) (Cohen, Steven)
February 10, 2022	Filing 105 TRANSCRIPT of Proceedings held on February 3, 2022, before Judge Reyes. Court Transcriber: eScribers, LLC. Email address: operations@escribers.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/3/2022. Redacted Transcript Deadline set for 3/13/2022. Release of Transcript Restriction set for 5/11/2022. (Rocco, Christine)
February 3, 2022	Minute Order. for proceedings held before Magistrate Judge Ramon E. Reyes, Jr: Telephone Conference held on 2/3/2022. Case called. Appearances and discussions held on the record re #103 Motion to Compel. Parties directed to file a Revised Case Management Statement by 2/11/2022. (FTR Log #AT&T Conference Bridge.)Contact the E.S.R., Dept., at (718) 613-2590 to order the transcript. (Vertus, Miriam)
February 1, 2022	Filing 104 RESPONSE in Opposition re #103 MOTION to Compel Discovery and Data Regarding Certain Variable Rate Customers filed by XOOM Energy New York, LLC. (Matthews, Michael)
January 28, 2022	Filing 103 MOTION to Compel Discovery and Data Regarding Certain Variable Rate Customers by Boris Mirkin, Susanna Mirkin. (Attachments: #1 Exhibit A - Plaintiffs' First Set of Interrogatories, #2 Exhibit B - Defendants' Amended Responses to First Set of Interrogatories, #3 Exhibit C - Defendants' Responses to Third Set of Interrogatories) (Cohen, Steven)
January 21, 2022	Filing 102 TRANSCRIPT of Proceedings held on December 9, 2021, before Judge Reyes. Court Transcriber: Transcriptions Plus II, Inc.. Email address: RL.Transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/11/2022. Redacted Transcript Deadline set for 2/21/2022. Release of Transcript Restriction set for 4/21/2022. (Rocco, Christine)
December 13, 2021	ORDER granting #101 Motion for Extension of Time to Complete Discovery. See document [101-1] for other deadlines. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/10/2021. (Vertus, Miriam)
December 10, 2021	Filing 101 MOTION for Extension of Time to Complete Discovery Pursuant to the Parties' Discussion During the December 9, 2021 Status Conference by Boris Mirkin, Susanna Mirkin. (Attachments: #1 Proposed Order Proposed Case Management Plan) (Cohen, Steven)
December 9, 2021	Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Telephone Conference held on 12/9/2021. Case called. Plaintiff represented by Steven D. Cohen and Steven Wittels. Defendants represented by Michael Matthews and Diane Wizig. Discussions held on the record. The parties are directed to file a Status Report and Revised Case Management Statement by 12/10/2021., Telephone Conference set for 2/3/2022 at 11:00 AM dialing the AT&T toll-free number 1-888-684-8852 and Access Code 5496961# to join the teleconference before Magistrate Judge Ramon E. Reyes, Jr. (FTR Log #AT&T 12:30PM-12:44PM.) Contact the E.S.R., Dept., at (718) 613-2590 to order the transcript. (Vertus, Miriam)
November 8, 2021	Filing 100 ORDER granting #99 Motion to Adjourn Conference; granting #99 Motion for Extension of Time to Complete Discovery (Discovery due by 3/18/2022.) Telephone Conference set for 12/9/2021 12:30 PM in Telephone before Magistrate Judge Ramon E. Reyes Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/8/2021. (Reyes, Ramon)
November 8, 2021	Filing 99 Joint MOTION to Adjourn Conference , Joint MOTION for Extension of Time to Complete Discovery with Joint Status Report by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Proposed Order) (Matthews, Michael)
September 7, 2021	Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Telephone Conference held on 9/7/2021. Case called. Plaintiff represented by Steven D. Cohen and Jessica Hunter. Defendants represented by Michael D. Matthews, Jr and Diane S. Wizig. Discussions held on the record. The parties should submit a letter detailing what remains to be completed prior to the 11/15/21 conference. Telephone Conference set for 11/15/2021 at 12:00 PM before Magistrate Judge Ramon E. Reyes, Jr using the AT&T toll-free number 1-888-684-8852 and Access Code 5496961#. (FTR Log# AT&T 12:30PM-12:39PM) (Vertus, Miriam)
July 12, 2021	Filing 98 TRANSCRIPT of Proceedings held on June 30, 2021, before Judge Reyes. Court Transcriber: Transcriptions Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/2/2021. Redacted Transcript Deadline set for 8/12/2021. Release of Transcript Restriction set for 10/11/2021. (Rocco, Christine)
July 9, 2021	Filing 97 ORDER re #96 Revised Case Management Statement. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/9/2021. (Vertus, Miriam)
July 8, 2021	Filing 96 CASE MANAGEMENT STATEMENT (joint) (Attachments: #1 Proposed Order re the parties' joint Proposed Revised Case Management Plan) (Cohen, Steven)
June 30, 2021	Minute Order.for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Telephone Conference held on 6/30/2021. Case called. Plaintiff represented by Steven D. Cohen and Jessica Hunter. Defendants represented by Michael D. Matthews, Jr and Diane S. Wizig. Discussions held on the record re: #95 Status Report & Motion for Extension of Time to Complete Discovery. Granting #95 Motion for Extension of Time to Complete Discovery. Due to a conflict in the Court's calendar the 9/8 Telephone Conference is rescheduled for Monday, September 7, 2021 at 12:30 PM using the AT&T toll-free number 1-888-684-8852 and Access Code 5496961# to join the teleconference. (FTR Log: AT&T 10:00 AM 10:43 AM) (Vertus, Miriam)
June 29, 2021	Filing 95 STATUS REPORT (Joint) by XOOM Energy New York, LLC, XOOM Energy, LLC (Matthews, Michael) Modified on 6/29/2021 to add Event Type Motion for Extension of Time to Complete Discovery (Vertus, Miriam).
June 9, 2021	Filing 94 NOTICE of Appearance by Diane S. Wizig on behalf of XOOM Energy New York, LLC, XOOM Energy, LLC (notification declined or already on case) (Wizig, Diane)
June 9, 2021	Filing 93 MOTION to Appear Pro Hac Vice for Diane S. Wizig Filing fee $ 150, receipt number ANYEDC-14549997. by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing - State Bar of Texas, #3 Certificate of Good Standing - Georgia) (Wizig, Diane)
June 9, 2021	ORDER granting #93 Motion for Diane S. Wizig Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/9/2021. (Vertus, Miriam)
June 9, 2021	ORDER granting #92 Motion to Substitute Attorney. Attorney Christopher Andrew Rojao; Daniel J. Brow; David R. Kott; Jean Paige Patterson and Zane Christian Riester terminated. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/9/2021. (Vertus, Miriam) Modified on 6/9/2021 (Vertus, Miriam).
June 8, 2021	Filing 92 MOTION to Substitute Attorney Stipulation and Order of Substitution of Counsel for Defendants by XOOM Energy New York, LLC, XOOM Energy, LLC. (Matthews, Michael)
June 8, 2021	Filing 91 NOTICE of Appearance by Michael D Matthews, Jr on behalf of All Defendants (aty to be noticed) (Matthews, Michael)
May 28, 2021	Filing 90 NOTICE of Change of Firm Address Once the filing has been made, you must login to www.pacer.gov and update your account. (Kheyfits, Dmitry)
May 28, 2021	Filing 89 NOTICE of Change of Firm Address Once the filing has been made, you must login to www.pacer.gov and update your account. (Belenky, Andrey)
April 27, 2021	Filing 88 TRANSCRIPT of Proceedings held on April 8, 2021, before Judge Reyes. Court Reporter/Transcriber ARIA SERVICES, INC., Telephone number 845-260-1377. Email address: aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/18/2021. Redacted Transcript Deadline set for 5/28/2021. Release of Transcript Restriction set for 7/26/2021. (Hong, Loan)
April 21, 2021	ORDER: The parties' Case Management Statement #87 is approved. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/20/2021. (Vertus, Miriam)
April 16, 2021	Filing 87 CASE MANAGEMENT STATEMENT (joint) (Attachments: #1 Proposed Order re the parties' joint Proposed Revised Case Management Plan) (Cohen, Steven)
April 8, 2021	Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Telephone Conference held on 4/8/2021. Case called. Appearances and discussions stated on the record. The parties are directed to file a Revised Case Management Statement due by 4/16/2021. The 5/26/2021 Telephone Status Conference is adjourned to 6/30/2021 at 10:30 AM before Magistrate Judge Ramon E. Reyes, Jr using the AT&T toll-free number 1-888-684-8852 and Access Code 5496961#. (FTR Log #AT&T 12:31PM-12:43 PM.) Contact the E.S.R., Dept., at (718) 613-2590. (Vertus, Miriam)
March 8, 2021	ORDER granting #86 Motion to Adjourn 3/9/2021 Conference. Telephone Conference set for 4/8/2021 at 12:30 PM before Magistrate Judge Ramon E. Reyes, Jr using the AT&T toll-free number 1-888-684-8852 and Access Code 5496961#. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/8/2021. (Vertus, Miriam)
March 5, 2021	Filing 86 Consent MOTION to Adjourn Conference / Reschedule March 9, 2021 Status Conference by Boris Mirkin, Susanna Mirkin. (Hunter, Jessica)
March 5, 2021	Filing 85 NOTICE of Appearance by Jessica Hunter on behalf of Boris Mirkin, Susanna Mirkin (aty to be noticed) (Hunter, Jessica)
December 18, 2020	ORDER: The Court adopts the REVISED Case Management Statement [84-1]: The 1/5/2021 Final Pre-trial Conference is adjourned sine die. Telephone Status Conference set for 3/9/2021 at 11:00 AM before Magistrate Judge Ramon E. Reyes Jr.., Telephone Status Conference set for 5/26/2021 at 10:30 AM before Magistrate Judge Ramon E. Reyes, Jr. (See document no [84-1] for details). The parties should use the AT&T toll-free number 1-888-684-8852 and Access Code 5496961# to participate in the telephone conferences. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/17/2020. (Vertus, Miriam)
December 17, 2020	Filing 84 CASE MANAGEMENT STATEMENT (joint) (Attachments: #1 Proposed Order re the parties' joint Proposed Revised Case Management Plan) (Cohen, Steven)
November 23, 2020	ORDER re #83 Status Report: The parties will file a revised case management plan by Friday, December 18, 2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/22/2020. (Vertus, Miriam)
November 20, 2020	Filing 83 STATUS REPORT (Joint) by Boris Mirkin, Susanna Mirkin (Cohen, Steven)
October 26, 2020	ORDER re #82 Status Report: Further status report or revised discovery schedule due by 11/20/2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/25/2020. (Vertus, Miriam)
October 25, 2020	ORDER granting in part and denying in part #76 Motion for Discovery. Defendants are hereby ordered to amend their discovery responses to identify whether documents are being or will be withheld based on each objection no later than November 20, 2020. In all other respects the motion is denied. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/25/2020. (Reyes, Ramon)
October 23, 2020	Filing 82 STATUS REPORT (Joint) by XOOM Energy New York, LLC, XOOM Energy, LLC (Rojao, Christopher)
October 1, 2020	Filing 81 TRANSCRIPT of Proceedings held on September 23, 2020, before Judge Reyes. Court Reporter/Transcriber Transcriptions Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/22/2020. Redacted Transcript Deadline set for 11/2/2020. Release of Transcript Restriction set for 12/30/2020. (Hong, Loan)
September 29, 2020	Filing 80 STIPULATION Between the Parties by Boris Mirkin, Susanna Mirkin (Wittels, Steven)
September 23, 2020	Filing 79 RESPONSE in Opposition re #76 Letter MOTION for Discovery Order Directing Defendants to Amend Their Objections and Responses to Comply With Fed. R. Civ. P. 33 and 34 filed by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Rojao, Christopher)
September 23, 2020	Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Telephone Status Conference held on 9/23/2020. Appearances: Steven Wittels, Esq. and Steven Cohen, Esq. for Plaintiffs; Christopher Rojao, Esq. and Daniel Brown, Esq. for Defendants. Discussions held. The parties are directed to file a revised Case Management Plan or a Status Report as discussed on the record by 10/23/2020. (AT&T Log #12:01:00-12:31:00) (Meyer, Elise)
September 22, 2020	Filing 78 Letter Providing Status Updates to the Court in Advance of the September 23, 2020 Status Conference by Boris Mirkin, Susanna Mirkin (Cohen, Steven)
September 18, 2020	Filing 77 Letter Motion Requesting 2-Day Extension to Respond to Pls.' Discovery Motion by XOOM Energy New York, LLC, XOOM Energy, LLC (Kott, David) Modified on 9/18/2020 (Reyes, Ramon).
September 18, 2020	ORDER granting #77 Motion for Extension of Time to File Response to #76 . Response due 9/23/2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/18/2020. (Reyes, Ramon)
September 17, 2020	Filing 76 Letter MOTION for Discovery Order Directing Defendants to Amend Their Objections and Responses to Comply With Fed. R. Civ. P. 33 and 34 by Boris Mirkin, Susanna Mirkin. (Attachments: #1 Exhibit A - Defs. Objs. & Resps. to Pls. RFPs, #2 Exhibit B - Defs. Objs. & Resps. to Pls. Interrogatories) (Cohen, Steven)
September 17, 2020	Filing 75 TRANSCRIPT of Proceedings held on August 27, 2020, before Judge Reyes. Court Reporter/Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/8/2020. Redacted Transcript Deadline set for 10/19/2020. Release of Transcript Restriction set for 12/16/2020. (Hong, Loan)
September 6, 2020	Filing 74 ORDER denying #68 Motion to Appoint Counsel. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/6/2020. (Reyes, Ramon)
August 31, 2020	Filing 73 MOTION to Adjourn Conference to Reschedule October 14, 2020 Status Conference by Boris Mirkin, Susanna Mirkin. (Cohen, Steven)
August 31, 2020	ORDER granting #73 Motion to Adjourn Conference. The 10/14/2020 Status Conference is rescheduled for 9/23/2020 at 12:00 PM before Magistrate Judge Ramon E. Reyes Jr. The parties are directed to use the toll-free number 1-888-684-8852 and access code 5496961# to participate in the scheduled telephone conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 8/31/2020. (Meyer, Elise)
August 27, 2020	Minute Order. for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Video Motion Hearing held on 8/27/2020. Appearances: Steven Wittels, Esq., Burkett McInturff, III, Esq., and Steven Cohen, Esq. for Plaintiffs; Christopher Rojao, Esq. and Daniel Brown, Esq. for Defendant. Plaintiffs' #64 Motion to Compel Discovery is granted in part to the extent discussed at the hearing. The parties are directed to meet and confer on the parameters of the customer complaint-related discovery. Plaintiffs' #68 Motion to Appoint Counsel was discussed. The Court reserves decision on Plaintiffs' #68 Motion to Appoint Counsel. (Microsoft Teams Log #11:31:00-12:42:00) (Meyer, Elise)
August 25, 2020	Filing 72 Letter in Response to Plaintiffs' Aug. 20, 2020 Letter Regarding Recent Decision in the District of Maryland by XOOM Energy New York, LLC, XOOM Energy, LLC (Rojao, Christopher)
August 20, 2020	Filing 71 Letter informing the Court of recent decision in District of Maryland action against XOOM Energy, LLC by Boris Mirkin, Susanna Mirkin (Attachments: #1 Exhibit A - Class Certification decision in Todd v. XOOM Energy, LLC) (Wittels, Steven)
August 6, 2020	SCHEDULING ORDER as to #64 MOTION to Compel Discovery Regarding Defendants' New York Gas Customers and Customer Complaints and #68 Letter MOTION to Appoint Counsel Wittels McInturff Palikovic as Interim Class Counsel : Video Oral Argument/Motion Hearing set for 8/27/2020 at 11:30 AM before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to appear via video and all other participates may join by phone using the Toll number: 1 917-933-2166 and Conference ID: 730 249 97#. A separate Microsoft Teams Meeting invitation will be sent to the attorney's email address listed on the docket. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/6/2020. (Vertus, Miriam) TEXT ADDED on 8/6/2020 (Vertus, Miriam).
July 31, 2020	Filing 70 REPLY to Response to Motion re #68 Letter MOTION to Appoint Counsel Wittels McInturff Palikovic as Interim Class Counsel filed by All Plaintiffs. (Wittels, Steven)
July 31, 2020	Filing 69 RESPONSE in Opposition re #68 Letter MOTION to Appoint Counsel Wittels McInturff Palikovic as Interim Class Counsel by Defendants filed by Boris Mirkin, Susanna Mirkin. (Wittels, Steven)
July 31, 2020	Filing 68 Letter MOTION to Appoint Counsel Wittels McInturff Palikovic as Interim Class Counsel by Boris Mirkin, Susanna Mirkin. (Attachments: #1 Proposed Order) (Wittels, Steven)
July 31, 2020	Filing 67 Letter to Judge Reyes re Interim Class Counsel Motion Briefing by Boris Mirkin, Susanna Mirkin (Wittels, Steven)
July 20, 2020	Filing 66 Letter Re: Service of Defendants' Opposition to Plaintiffs' Letter Motion to Appoint Interim Class Counsel by XOOM Energy New York, LLC, XOOM Energy, LLC (Rojao, Christopher)
July 13, 2020	Filing 65 RESPONSE to Motion re #64 MOTION to Compel Discovery Regarding Defendants' New York Gas Customers and Customer Complaints filed by All Defendants. (Rojao, Christopher)
July 8, 2020	Filing 64 MOTION to Compel Discovery Regarding Defendants' New York Gas Customers and Customer Complaints by Boris Mirkin, Susanna Mirkin. (Attachments: #1 Exhibit Ex. A - Defendants' Responses to Plaintiffs' Document Requests, #2 Exhibit Ex. B - Boris Mirkin Enrollment Email and Gas Agreement, #3 Exhibit Ex. C - 2/27/20 Hearing Transcript (Excerpt)) (Cohen, Steven)
June 30, 2020	Filing 63 MOTION for Leave to File Document to Obtain the Court's Approval of the Parties' Proposed Briefing Schedule for Plaintiffs' Motion to Appoint Wittels McInturff Palikovic as Interim Class Counsel by Boris Mirkin, Susanna Mirkin. (Wittels, Steven)
June 30, 2020	ORDER granting #63 Motion for Leave to File. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 6/30/2020. (Meyer, Elise)
June 27, 2020	Filing 62 Letter Cover Letter to Defendants re Briefing Schedule for Plaintiffs' Letter-Motion To Designate Wittels McInturff Palikovic as Interim Class Counsel, filed pursuant to Judge Reyes' Rule III.D.1.a. by Boris Mirkin, Susanna Mirkin (Wittels, Steven)
June 8, 2020	ORDER granting [61-1] Motion for Extension of Time to Complete Discovery until 1/4/2021. Final Pretrial Conference adjourned to 1/5/2021 at 10:30 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr., Status Conference is adjourned to 10/14/2020 at 12:00 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. (See Second Revised Case Management Plan [61-1] for details) So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/6/2020. (Vertus, Miriam) Modified on 6/8/2020 (Vertus, Miriam).
June 5, 2020	Filing 61 MOTION for Extension of Time to Complete Discovery by Boris Mirkin, Susanna Mirkin. (Attachments: #1 Proposed Order Proposed Revised Case Management Plan) (Cohen, Steven)
April 23, 2020	Filing 60 NOTICE of Change of Firm Name Once the filing has been made, you must login to www.pacer.gov and update your account. (Cohen, Steven)
April 23, 2020	Filing 59 NOTICE of Change of Firm Name Once the filing has been made, you must login to www.pacer.gov and update your account. (Wittels, Steven)
April 23, 2020	Filing 58 NOTICE of Change of Firm Name Once the filing has been made, you must login to www.pacer.gov and update your account. (Palikovic, Tiasha)
April 23, 2020	Filing 57 NOTICE of Change of Firm Name Once the filing has been made, you must login to www.pacer.gov and update your account. (McInturff, J. Burkett)
March 26, 2020	Filing 56 NOTICE of Appearance by Daniel J. Brown on behalf of XOOM Energy New York, LLC, XOOM Energy, LLC (notification declined or already on case) (Brown, Daniel)
March 24, 2020	ORDER granting #55 Motion for Daniel J. Brown Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/24/2020. (Vertus, Miriam)
March 23, 2020	Filing 55 MOTION to Appear Pro Hac Vice of Daniel J. Brown Filing fee $ 150, receipt number ANYEDC-12576564. by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Declaration in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Certificate of Service) (Brown, Daniel)
March 6, 2020	Filing 54 ORDER granting #52 Motion for Extension of Time to Complete Discovery until 9/4/2020. Amended Pleadings due by 6/5/2020. Joinder of Parties due by 6/5/2020. Final Pretrial Conference is adjourned to 9/10/2020 at 10:45 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr., Status Conference set for 7/8/2020 at 10:45 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. (See attached Revised Case Management Plan. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/6/2020. (Vertus, Miriam)
March 6, 2020	Filing 53 ORDER re #51 Motion for Discovery:Production of Document and Electronically Stored Information. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/6/2020. (Vertus, Miriam)
March 5, 2020	Filing 52 Consent MOTION for Extension of Time to Complete Discovery With Agreed-Upon Case Management Plan by Boris Mirkin, Susanna Mirkin. (Attachments: #1 Proposed Order Proposed Revised Case Management Plan) (Wittels, Steven)
March 5, 2020	Filing 51 Joint MOTION for Discovery and Request to So Order the Parties' Stipulated ESI Protocol by Boris Mirkin, Susanna Mirkin. (Attachments: #1 Proposed Order Proposed ESI Protocol) (Wittels, Steven)
March 4, 2020	Filing 50 TRANSCRIPT of Proceedings held on February 27, 2020, before Judge Reyes. Court Transcriber: Aria Services, Inc., Telephone number 845-260-1377. Email address: aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/25/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/2/2020. (Rocco, Christine)
February 27, 2020	Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Status Conference held on 2/27/2020. Case called. Appearances: Steven L. Wittels, Esq., James Burkett McInturff, III, Esq., and Steven Dana Cohen, Esq. for Plaintiffs; Christopher A. Rojao, Esq., and Daniel John Brown, Esq. for Defendants. Discussions held. Rulings on the record regarding letter #49 Outlining the Discovery Disputes. (FTR Log#2:06:41-3:00:09 continued 3:15:29-4:19:06) Contact the E.S.R., Dept., at (718) 613-2590 to order the transcript. (Vertus, Miriam)
February 14, 2020	Filing 49 Letter (Joint) to Judge Reyes Outlining the Discovery Disputes the Parties Wish to Address to the Court at the February 27, 2020 Status Conference by Boris Mirkin, Susanna Mirkin (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Wittels, Steven)
January 24, 2020	Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.:Telephone Conference held on 1/24/2020. Appearances: Steven L. Wittels, Esq., James Burkett McInturff, III, Esq., and Steven Dana Cohen, Esq. for Plaintiffs; Christopher Andrew Rojao, Esq. for Defendants. Discussions held. Status Conference set for 2/27/2020 02:00 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes Jr. The parties should submit a joint letter detailing any issues to be discussed during the conference by 2/14/2020. (FTR Log #12:01:44-12:14:13(208N)) (Meyer, Elise)
January 24, 2020	ORDER granting [48-1] Motion for Protective Order. Discovery Confidentiality Order. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/24/2020. (Vertus, Miriam)
January 23, 2020	Filing 48 Letter from Christopher A. Rojao by XOOM Energy New York, LLC, XOOM Energy, LLC (Attachments: #1 Proposed Order (Discovery Confidentiality Order)) (Rojao, Christopher) ADDED MOTION for Protective Order Modified on 1/24/2020 (Vertus, Miriam).
January 22, 2020	Filing 47 NOTICE of Appearance by Steven Dana Cohen on behalf of All Plaintiffs (aty to be noticed) (Cohen, Steven)
December 26, 2019	Set/Reset Hearings: Due to a change in the Court's calendar the 1/9/2020 Telephone Conference is adjourned to 1/24/2020 at 12:00 PM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the toll-free number 1-888-684-8852 and Access Code 5496961# to participate in the scheduled telephone conference. (Vertus, Miriam) Modified on 12/26/2019 (Vertus, Miriam).
September 9, 2019	Filing 46 SCHEDULING ORDER: re #45 Case Management Statement: All discovery, including depositions of experts, shall be completed on or before 6/6/2020. Final Pretrial Conference set for 6/9/2020 at 11:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Status Conference set for 4/9/2020 at 11:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes Jr.. Telephone Conference set for 1/9/2020 at 2:00 PM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the toll-free number 1-888-684-8852 and access code 5496961# to participate in the scheduled telephone conference. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/9/2019. (Vertus, Miriam)
September 6, 2019	Filing 45 CASE MANAGEMENT STATEMENT (Rojao, Christopher)
September 4, 2019	Filing 44 ANSWER to #42 Amended Complaint with Affirmative Defenses by XOOM Energy New York, LLC, XOOM Energy, LLC. (Kott, David)
August 21, 2019	Filing 43 ORDER The parties are directed to complete the attached blank Case Management Statement then file the completed form on CM/ECF by 9/6/2019. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/21/2019. (Vertus, Miriam)
August 21, 2019	Filing 42 AMENDED COMPLAINT (First Amended Class Action Complaint) against XOOM Energy New York, LLC, XOOM Energy, LLC, filed by Susanna Mirkin, Boris Mirkin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Wittels, Steven)
August 20, 2019	ORDER: In light of #41 MANDATE of USCA, plaintiffs may file their amended complaint and proceed to discovery before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Judge Allyne R. Ross on 8/20/2019. (Zimmer, Allison)
August 19, 2019	Case reopened as per USCA Mandate. (Lee, Tiffeny)
August 19, 2019	Filing 41 MANDATE of USCA as to #39 Subsequent Notice of Appeal filed by Boris Mirkin, Susanna Mirkin, #28 Notice of Appeal filed by Boris Mirkin, Susanna Mirkin, #31 Subsequent Notice of Appeal filed by Boris Mirkin, Susanna Mirkin. It is Ordered that the judgment of the District Court is AFFIRMED in part, REVERSED in part, and REMANDED with direction to permit the Mirkins to proceed on their proposed amended complaint. Issued as Mandate: 8/16/19. USCA #18-3138. (Attachments: #1 USCA Opinion) (McGee, Mary Ann)
July 26, 2019	Filing 40 ORDER of USCA as to #39 2nd Amended / Subsequent Notice of Appeal filed by Boris Mirkin, Susanna Mirkin, #28 Notice of Appeal filed by Boris Mirkin, Susanna Mirkin, #31 Subsequent/Amended Notice of Appeal filed by Boris Mirkin, Susanna Mirkin. It is Ordered that for the reasons set forth, we AFFIRM in part, REVERSE in part, and REMAND with direction to permit the Mirkins to proceed on their Proposed Amended Complaint (PAC) See document for further details. This Order was endorsed on a USCA Opinion decided 7/26/19. Please Note that the Mandate has not yet been issued. Certified Copy of Order: 7/26/19. USCA: 18-3138. (McGee, Mary Ann)
December 14, 2018	First Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals #39 Subsequent/Amended Notice of Appeal. (McGee, Mary Ann)
December 13, 2018	Filing 39 Second Amended Subsequent NOTICE OF APPEAL as to #38 Order on Motion for Reconsideration, by Boris Mirkin, Susanna Mirkin . (Wittels, Steven) Modified on 12/14/2018 to reflect Second Amended Appeal (McGee, Mary Ann).
December 6, 2018	Filing 38 ORDER denying #32 Motion for Reconsideration: For the reasons stated in the attached opinion, plaintiffs' motion for reconsideration of the court's November 2, 2018 order is denied. Ordered by Judge Allyne R. Ross on 12/6/2018. (Zimmer, Allison)
December 6, 2018	Filing 37 ORDER of USCA as to #28 Notice of Appeal filed by Boris Mirkin, Susanna Mirkin, #31 Subsequent Notice of Appeal filed by Boris Mirkin, Susanna Mirkin Appellants filed a motion to hold this appeal in abeyance pending the disposition of their motion for reconsideration in the District Court. It is Ordered that the motion to hold the appeal in abeyance is granted. Within 7 days of the District Court's decision on the motion for reconsideration, Appellants must inform this Court in writing of the District Court's decision. Certified Copy issued: 12/6/18.USCA #18-3138 (McGee, Mary Ann)
November 29, 2018	Filing 36 REPLY in Support re #32 Notice of MOTION for Reconsideration re #30 Order on Motion to Alter Judgment, filed by Boris Mirkin, Susanna Mirkin. (Wittels, Steven)
November 28, 2018	Filing 35 MEMORANDUM in Opposition re #32 Notice of MOTION for Reconsideration re #30 Order on Motion to Alter Judgment, filed by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Certificate of Service) (Rojao, Christopher)
November 27, 2018	Filing 34 NOTICE of Appearance by David R. Kott on behalf of XOOM Energy New York, LLC, XOOM Energy, LLC (aty to be noticed) (Kott, David)
November 19, 2018	Filing 33 MEMORANDUM in Support re #32 Notice of MOTION for Reconsideration re #30 Order on Motion to Alter Judgment, filed by Boris Mirkin, Susanna Mirkin. (Wittels, Steven)
November 19, 2018	Filing 32 Notice of MOTION for Reconsideration re #30 Order on Motion to Alter Judgment, by Boris Mirkin, Susanna Mirkin. (Wittels, Steven)
November 19, 2018	ORDER: The court has received plaintiffs' #32 motion to reconsider the court's November 2, 2018 decision. Defendants have until Wednesday, November 28, 2018 to submit their opposition. Plaintiffs' reply, if any, is due November 29, 2018. Ordered by Judge Allyne R. Ross on 11/19/2018. (Zimmer, Allison)
November 8, 2018	Electronic Index to Record on Appeal sent to US Court of Appeals. #28 Notice of Appeal, #31 Subsequent Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Mejia, Salomon)
November 6, 2018	Filing 31 Subsequent NOTICE OF APPEAL as to #30 Order on Motion to Alter Judgment, by Boris Mirkin, Susanna Mirkin . (Wittels, Steven)
November 2, 2018	Filing 30 ORDER denying #26 Motion to Alter Judgment: For the reasons stated in the attached opinion and order, I deny plaintiffs' #26 motion to alter or amend the judgment, and I deny them leave to amend their pleadings. Ordered by Judge Allyne R. Ross on 11/2/2018. (Zimmer, Allison)
October 29, 2018	Filing 29 RESPONSE in Opposition re #26 Notice of MOTION to Alter Judgment filed by All Defendants. (Attachments: #1 Certificate of Service) (Patterson, Jean)
October 22, 2018	ORDER: The court has received plaintiffs' #27 memorandum in support of their motion to alter or amend the judgment or seek relief from the judgment. Defendants have until 10/29 to file an opposition to this motion. Ordered by Judge Allyne R. Ross on 10/22/2018. (Zimmer, Allison)
October 19, 2018	Filing 28 NOTICE OF APPEAL by Boris Mirkin, Susanna Mirkin. Filing fee $ 505, receipt number ANYEDC-10857317. (Wittels, Steven)
October 19, 2018	Filing 27 MEMORANDUM in Support re #26 Notice of MOTION to Alter Judgment filed by Boris Mirkin, Susanna Mirkin. (Attachments: #1 Exhibit) (Wittels, Steven)
October 19, 2018	Filing 26 Notice of MOTION to Alter Judgment by Boris Mirkin, Susanna Mirkin. (Wittels, Steven)
September 25, 2018	Filing 25 CLERK'S JUDGMENT dated 9/24/18 that Xooms motion to dismiss is granted in its entirety; and that this case is closed. ( Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer Clerk of Court on 9/24/2018 ) (Guzzi, Roseann)
September 21, 2018	Filing 24 ORDER granting #19 Motion to Dismiss: For the reasons explained in the attached opinion, defendants' motion to dismiss is granted in its entirety. The clerk of court is directed to enter judgment accordingly and close the case. Ordered by Judge Allyne R. Ross on 9/21/2018. (Zimmer, Allison)
August 8, 2018	Filing 23 Letter to Hon. Allyne R. Ross to correct inaccuracy in Footnote 5 of XOOM's moving brief (Dkt. 19-1) filed in support of Motion to Dismiss by XOOM Energy New York, LLC, XOOM Energy, LLC (Riester, Zane)
August 5, 2018	ORDER granting in part and denying in part #17 Motion to Compel. Parties are to serve Rule 26(a) disclosures by 8/31, and written discovery requests (interrogatories and document requests) by 9/21. All responsive documents must be maintained, including electronically stored information. Reponses to the written discovery requests will be stayed until 15 days after the decision on defendants' motion to dismiss. If the motion is denied, the responses (including any electronically stored information), must be produced promptly according to this schedule. If any such information is destroyed during this period, sanctions will likely be imposed on client and counsel. All other proceedings before Magistrate Judge Reyes are stayed pending the outcome of the motion to dismiss. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/5/18. (Reyes, Ramon)
July 27, 2018	Filing 22 REPLY in Support re #19 MOTION to Dismiss filed by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Certificate of Service) (Riester, Zane)
July 27, 2018	Filing 21 AFFIDAVIT/DECLARATION in Opposition re #19 MOTION to Dismiss filed by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9) (Riester, Zane)
July 27, 2018	Filing 20 MEMORANDUM in Opposition re #19 MOTION to Dismiss filed by XOOM Energy New York, LLC, XOOM Energy, LLC. (Riester, Zane)
July 27, 2018	Filing 19 MOTION to Dismiss by XOOM Energy New York, LLC, XOOM Energy, LLC. (Attachments: #1 Memorandum in Support, #2 Certificate of Service) (Riester, Zane)
July 24, 2018	Filing 18 RESPONSE to Motion re #17 Letter MOTION to Compel Defendants' To Participate In The Parties' Rule 26(f) Conference, Or Alternatively For The Court To Schedule The Initial Discovery Planning Conference (Addressed to Judge Reyes) filed by XOOM Energy New York, LLC, XOOM Energy, LLC. (Riester, Zane)
July 20, 2018	Filing 17 Letter MOTION to Compel Defendants' To Participate In The Parties' Rule 26(f) Conference, Or Alternatively For The Court To Schedule The Initial Discovery Planning Conference (Addressed to Judge Reyes) by Boris Mirkin, Susanna Mirkin. (Wittels, Steven)
July 18, 2018	Filing 16 Letter regarding service of Plaintiffs' opposition to Defendants' motion to dismiss, served pursuant to the Court's Order dated June 6, 2018 by Boris Mirkin, Susanna Mirkin (Wittels, Steven)
June 27, 2018	Filing 15 Letter regarding service of Motion to Dismiss and supporting documents pursuant to Court Order dated June 6, 2018 by XOOM Energy New York, LLC, XOOM Energy, LLC (Riester, Zane)
June 21, 2018	Filing 14 NOTICE of Change of firm name and e-mail addresses by Andrey Belenky (Belenky, Andrey)
June 21, 2018	Filing 13 NOTICE of Change of firm name and e-mail addresses by Dmitriy A Kheyfits (Kheyfits, Dmitriy)
June 6, 2018	ORDER: Having reviewed the parties' submissions, no pre-motion conference is necessary. The court sets the following briefing schedule: defendants' motion to dismiss to be served (but not filed on ECF) by June 27, 2018; plaintiffs' opposition to be served (but not filed on ECF) by July 18, 2018; defendants' reply, if any, to be served and filed on ECF by July 27, 2018. The fully briefed motion shall be filed by the moving party in accordance with chambers' rules, including courtesy copies for chambers, no later than July 27, 2018. This schedule may be altered only with the permission of the court. Ordered by Judge Allyne R. Ross on 6/6/2018. (Wasserman, Matthew)
June 5, 2018	Filing 12 Letter Opp to Defs' Ltr for PMC by Boris Mirkin, Susanna Mirkin (Wittels, Steven)
May 29, 2018	NOTICE: The defendants have submitted a letter ( #8 ) requesting a pre-motion conference regarding an anticipated Rule 12(b)(6) motion to dismiss. Plaintiffs' counsel is reminded that, under Judge Ross's individual rules and practices, the plaintiffs are required to file a responsive letter addressing the legal and factual bases of the anticipated motion within seven business days from service of the defendants' letter, on or before June 5, 2018. (Wasserman, Matthew)
May 24, 2018	Filing 11 Corporate Disclosure Statement by XOOM Energy, LLC identifying Corporate Parent XOOM Energy Global Holdings, LLC for XOOM Energy, LLC. (Riester, Zane)
May 24, 2018	Filing 10 NOTICE of Appearance by Christopher Andrew Rojao on behalf of XOOM Energy New York, LLC, XOOM Energy, LLC (aty to be noticed) (Rojao, Christopher)
May 24, 2018	Filing 9 NOTICE of Appearance by Jean Paige Patterson on behalf of XOOM Energy New York, LLC, XOOM Energy, LLC (aty to be noticed) (Patterson, Jean)
May 24, 2018	Filing 8 Letter requesting a pre-motion conference with respect to a Motion to Dismiss Plaintiffs Putative Class Action Complaint by XOOM Energy New York, LLC, XOOM Energy, LLC (Riester, Zane)
May 22, 2018	Filing 7 NOTICE of Appearance by James Burkett McInturff, III on behalf of All Plaintiffs (aty to be noticed) (McInturff, James)
May 22, 2018	Filing 6 NOTICE of Appearance by Tiasha Palikovic on behalf of All Plaintiffs (aty to be noticed) (Palikovic, Tiasha)
May 18, 2018	Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Williams, Erica)
May 18, 2018	Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Williams, Erica)
May 17, 2018	Case Assigned to Judge Allyne R. Ross and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Williams, Erica)
May 17, 2018	Filing 3 CERTIFICATE OF SERVICE by XOOM Energy New York, LLC, XOOM Energy, LLC re #1 Notice of Removal, (Riester, Zane)
May 17, 2018	Filing 2 Corporate Disclosure Statement by XOOM Energy New York, LLC, XOOM Energy, LLC identifying Corporate Parent XOOM Energy, LLC for XOOM Energy New York, LLC. (Riester, Zane)
May 17, 2018	Filing 1 NOTICE OF REMOVAL by XOOM Energy New York, LLC, XOOM Energy, LLC from New York State Supreme Court County of Kings, case number 507892/2018. ( Filing fee $ 400 receipt number 0207-10442842) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Complaint served upon Xoom Energy, LLC, #3 Exhibit B - Complaint served upon Xoom Energy New York, LLC, #4 Exhibit C - Thomas Ulry Declaration) (Riester, Zane)

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Search for this case: Mirkin et al v. XOOM Energy, LLC et al
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Defendant: XOOM Energy, LLC
Represented By:	Zane Christian Riester
Represented By:	Jean Paige Patterson
Represented By:	Michael D Matthews, Jr
Represented By:	David Lee Villarreal
Represented By:	Diane S. Wizig
Represented By:	James Monroe Chambers
Represented By:	Christopher Andrew Rojao
Represented By:	Daniel J. Brown
Represented By:	David R. Kott
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Defendant: XOOM Energy New York, LLC
Represented By:	Zane Christian Riester
Represented By:	Christopher Andrew Rojao
Represented By:	Daniel J. Brown
Represented By:	David R. Kott
Represented By:	James Monroe Chambers
Represented By:	Jean Paige Patterson
Represented By:	Diane S. Wizig
Represented By:	Michael D Matthews, Jr
Represented By:	David Lee Villarreal
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Plaintiff: Boris Mirkin
Represented By:	Steven Dana Cohen
Represented By:	Tiasha Palikovic
Represented By:	Steven L. Wittels
Represented By:	Andrey Belenky
Represented By:	Daniel Hymowitz
Represented By:	Ethan Daniel Roman
Represented By:	James Burkett McInturff, III
Represented By:	Jessica Hunter
Represented By:	Dmitry Kheyfits
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Plaintiff: Susanna Mirkin
Represented By:	Jessica Hunter
Represented By:	Steven Dana Cohen
Represented By:	Tiasha Palikovic
Represented By:	Steven L. Wittels
Represented By:	Andrey Belenky
Represented By:	Daniel Hymowitz
Represented By:	Dmitry Kheyfits
Represented By:	Ethan Daniel Roman
Represented By:	James Burkett McInturff, III
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