Varn v. Orchestrade, Inc. et al
| Liam Varn |
| Hakim Erhili and Orchestrade, Inc. |
| Robert Kheel |
| 1:2019cv02875 |
| May 15, 2019 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Robert M Levy |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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ORDER re #40 Plaintiff's pre motion conference letter. The Court orders Defendants to respond to Plaintiff's letter on or before December 9, 2020. Ordered by Judge Margo K. Brodie on 12/2/2020. (Ajagu, Vanessa)
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| Filing 40 Letter Requesting Pre-Motion Conference by Liam Varn (Attachments: #1 Exhibit Proposed Amended Complaint) (Thompson, John) |
| Filing 39 Joint MOTION for Extension of Time to Complete Discovery by Hakim Erhili, Orchestrade, Inc.. (Kim, Jenny) |
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ORDER denying #37 letter request for pre-motion conference. The Court denies the request for a pre-motion conference without prejudice to renewal after the parties have engaged in meaningful discovery and plaintiff has had an opportunity to amend the Complaint. Ordered by Judge Margo K. Brodie on 8/26/2020. (Ajagu, Vanessa)
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| Filing 38 Letter in Response to Defendants' Request for a Pre-Motion Conference (37) by Liam Varn (Thompson, John) |
| Filing 37 Letter Requesting Pre-Motion Conference by Hakim Erhili, Orchestrade, Inc. (Attachments: #1 Exhibit A - Exhibit to Contract in Cited Case) (Kim, Jenny) |
| REPORT of Mediation Unsettled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Mediation Report due by 7/1/2020. (Priftakis, Tina) |
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ORDER granting #36 Motion for Discovery Ordered by Magistrate Judge Robert M. Levy on 5/19/2020. (Levy, Robert)
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PROTECTIVE ORDER The Stipulated Confidentiality Agreement and Protective Order [DKT 34] is approved. SO ORDERED.Ordered by Magistrate Judge Robert M. Levy on 5/19/2020. (Levy, Robert)
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| Filing 36 MOTION for Discovery Requesting Entry of Jointly Proposed Order Concerning Electronically Stored Information by Hakim Erhili, Orchestrade, Inc.. (Kim, Jenny) |
| Filing 35 SELECTION OF MEDIATOR Robert Kheel selected as Mediator. The first mediation session will take place on June 16, 2020 at 12:00 pm via Zoom. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session.Report of Mediation due by 6/30/2020. (Kim, Jenny) |
| Filing 34 STIPULATION for Confidentiality Agreement and Protective Order by Liam Varn (Thompson, John) |
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ORDER finding as moot #32 Motion for Discovery as this dispute now appears to have been resolved., Ordered by Magistrate Judge Robert M. Levy on 5/18/2020. (Levy, Robert)
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| Filing 33 RESPONSE in Opposition re #32 MOTION for Discovery regarding Request for Docket Order filed by All Plaintiffs. (Thompson, John) |
| Filing 32 MOTION for Discovery regarding Request for Docket Order by Hakim Erhili, Orchestrade, Inc.. (Attachments: #1 Exhibit A - Email Correspondence) (Kim, Jenny) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: John Thompson, Jennie Kim. (1) Discovery deadline 11/30/20. (2) Settlement explored. Case referred to EDNY Mediation Panel. Counsel agree to the following schedule for targeted written discovery for mediation (limited to party discovery): emailed document requests and interrogatories served by 5/14/20; responses by 5/29/20. Mediation to be completed by 6/30/20. Initial Conference Hearing held on 5/7/2020 (Levy, Robert) |
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ORDER REFERRING CASE to Mediation. Mediation shall be completed by 6/30/20 (subject to mediator availability). Counsel are invited to contact EDNY ADR Administrator Robyn Weinstein for assistance in selecting a mediator, if needed. Selection of Mediator due by 5/18/2020.Ordered by Magistrate Judge Robert M. Levy on 5/7/2020. (Levy, Robert)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
| Filing 31 REPORT of Rule 26(f) Planning Meeting (Kim, Jenny) |
| Filing 30 Letter Opposing Defendants' Request for Leave to File Motion to Limit Initial Discovery by Liam Varn (Thompson, John) |
| Filing 29 Letter Seeking Leave to File Motion to Limit Initial Discovery by Hakim Erhili, Orchestrade, Inc. (Kim, Jenny) |
| Filing 28 ANSWER to Complaint by Hakim Erhili, Orchestrade, Inc.. (Burgess, Emily) |
| Filing 27 NOTICE of Appearance by Emily Burgess on behalf of Hakim Erhili, Orchestrade, Inc. (aty to be noticed) (Burgess, Emily) |
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ORDER granting #26 Motion to Substitute Attorney. Added attorney John J. Thompson for Liam Varn. Attorney T. Bryce Jones terminated. Ordered by Magistrate Judge Robert M. Levy on 3/31/2020. (Marino, Janine)
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| Filing 26 First MOTION to Substitute Attorney by Liam Varn. (Thompson, John) |
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Filing 25
SCHEDULING ORDER: Initial Conference set for 5/7/2020 at 04:00 PM before Magistrate Judge Robert M. Levy at (888) 684-8852; Access Code #: 6223489. So Ordered by Magistrate Judge Robert M. Levy on 3/30/2020. (Attachments: #1 IC Questionnaire, #2 Individual Rules) (Marino, Janine)
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Filing 24
MEMORANDUM AND ORDER. The Court (1) denies Defendants' motion to dismiss the claims against Erhili for lack of personal jurisdiction, (2) denies Defendants' motion to dismiss Plaintiff's claim pursuant to FIFA, and (3) grants Defendants' motion to dismiss Plaintif's NYLL, quantum meruit, unjust enrichment, and account stated claims. Ordered by Judge Margo K. Brodie on 3/30/2020. (Valentin, Winnethka)
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| Filing 23 REPLY in Support re #19 Notice of MOTION to Dismiss for Failure to State a Claim and Lack of Personal Jurisdiction, served July 12, 2019 filed by All Defendants. (Attachments: #1 Declaration) (Kim, Jenny) |
| Filing 22 MEMORANDUM in Opposition to Defendants' Motion to Dismiss, served July 26, 2019, filed by All Plaintiffs. (Attachments: #1 Declaration of Plaintiff Liam Varn in Opposition to Defendants' Motion to Dismiss) (Thompson, John) |
| Filing 21 AFFIDAVIT/DECLARATION in Support re #19 Notice of MOTION to Dismiss for Failure to State a Claim and Lack of Personal Jurisdiction, served July 12, 2019 of Chris L. Sprengle filed by All Defendants. (Attachments: #1 Exhibit Services Agreement, #2 Exhibit Demand Letter with Attachments, #3 Exhibit Orchestrade Response Letter) (Kim, Jenny) |
| Filing 20 MEMORANDUM in Support re #19 Notice of MOTION to Dismiss for Failure to State a Claim and Lack of Personal Jurisdiction, served July 12, 2019 filed by All Defendants. (Kim, Jenny) |
| Filing 19 Notice of MOTION to Dismiss for Failure to State a Claim and Lack of Personal Jurisdiction, served July 12, 2019 by Hakim Erhili, Orchestrade, Inc.. (James, Bronwyn) |
| Filing 18 NOTICE of Appearance by Bronwyn James on behalf of All Defendants (aty to be noticed) (James, Bronwyn) |
| Filing 17 STIPULATION OF SERVICE by Liam Varn (Thompson, John) |
| Filing 16 Letter Serving Motion to Dismiss Papers by Hakim Erhili, Orchestrade, Inc. (Kim, Jenny) |
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ORDER re #15 Proposed Scheduling Order. The Court adopts the parties' proposed briefing schedule for defendants' anticipated motion to dismiss: defendants shall serve their motion on or before July 12, 2019; plaintiff's opposition shall be served on or before July 26, 2019; and defendants' reply, if any, shall be filed on or before August 2, 2019. Ordered by Judge Margo K. Brodie on 7/11/2019. (Morel, Christopher)
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| Filing 15 Proposed Scheduling Order for Motion to Dismiss Briefing - Jointly Stipulated by Hakim Erhili, Orchestrade, Inc. (Kim, Jenny) |
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ORDER re #13 , #14 . The parties shall confer and submit a proposed briefing schedule for defendants' anticipated motion to dismiss. Ordered by Judge Margo K. Brodie on 7/8/2019. (Morel, Christopher)
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| Filing 14 Letter in Response by Liam Varn (Thompson, John) |
| Filing 13 Letter requesting pre-motion conference by Hakim Erhili, Orchestrade, Inc. (Sprengle, Chris) |
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ORDER terminating #12 Motion to Dismiss for Failure to State a Claim. Defendants shall first file a request for a pre-motion conference pursuant to Rule 3(A) of the Court's Individual Practices and Rules before filing their motion. Plaintiff shall file a response within seven days of the request for a pre-motion conference. Ordered by Judge Margo K. Brodie on 6/25/2019. (Morel, Christopher)
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| Motions terminated, docketed incorrectly: #10 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Hakim Erhili, Orchestrade, Inc. Document #10 is a Memorandum of Law in support of Defendants' Motion to Dismiss the Complaint. (Piper, Francine) |
| Filing 12 Notice of MOTION to Dismiss for Failure to State a Claim , Memorandum of Law in Support filed as Document 10 by Hakim Erhili, Orchestrade, Inc.. (Kim, Jenny) |
| Filing 11 DECLARATION re #10 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Hakim Erhili, Orchestrade, Inc. (Attachments: #1 Exhibit Services Agreement, #2 Exhibit Plaintiff's Demand Letter with Attachments, #3 Exhibit Orchestrade's Response Letter) (Kim, Jenny) |
| Filing 10 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Hakim Erhili, Orchestrade, Inc.. (Kim, Jenny) |
| Filing 9 NOTICE of Appearance by Chris Lewis Sprengle on behalf of All Defendants (aty to be noticed) (Sprengle, Chris) |
| Filing 8 NOTICE of Appearance by Jenny H Kim on behalf of All Defendants (notification declined or already on case) (Kim, Jenny) |
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ORDER granting #6 Motion for Extension of Time to Answer. Ordered by Magistrate Judge Robert M. Levy on 6/7/2019. (Marino, Janine)
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| Filing 7 NOTICE of Appearance by John Jenner Thompson on behalf of All Plaintiffs (aty to be noticed) (Thompson, John) |
| Filing 6 Second MOTION for Extension of Time to File Answer via Joint Stipulation by Orchestrade, Inc.. (Kim, Jenny) |
| Filing 5 MOTION for Extension of Time to File Answer via Joint Stipulation by Orchestrade, Inc.. (Kim, Jenny) |
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ORDER granting #5 Motion for Extension of Time to Answer Orchestrade, Inc. answer due 6/10/2019. Ordered by Magistrate Judge Robert M. Levy on 5/21/2019. (Levy, Robert)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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. (Bowens, Priscilla) |
| Case assigned to Judge Margo K. Brodie and Magistrate Judge Robert M. Levy. 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. (Bowens, Priscilla) |
| Filing 2 Corporate Disclosure Statement by Orchestrade, Inc. (Kim, Jenny) |
| Filing 1 NOTICE OF REMOVAL by Defendant Orchestrade, Inc. from Supreme Court of the State of New York Kings County, case number 509102/2019. ( Filing fee $ 400 receipt number CNYEDC-11481725) (Attachments: #1 Civil Cover Sheet, #2 Removal Action Complaint) (Kim, Jenny) |
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