Fantastic Industries, Inc. v. Kryman et al
| Fantastic Industries, Inc. |
| KCH Corporation and Jacob Kryman |
| 1:2020cv02402 |
| May 29, 2020 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| James Orenstein |
| Other Statutes: Arbitration |
| 09 U.S.C. § 1 U.S. Arbitration Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 15, 2020. A more recent docket listing may be available from PACER.
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| MINUTE ENTRY: Pre-motion conference was held by telephone before Judge Margo K. Brodie on July 15, 2020. Gordon Troy appeared on behalf of plaintiff. Jonathan Adler and Jacob Lewin appeared on behalf of defendants. For the reasons set forth on the record, and on consent of the parties, the Court will first address, as a threshold issue, plaintiff's application to compel arbitration, and then, in the event that the Court does not compel arbitration, defendants will move forward with their partial motion to dismiss. The Court directed plaintiff to provide a complete English translation of the purported arbitration agreement previously provided to the Court on or before July 29, 2020. If plaintiff requires more time to obtain an appropriate certified translation, plaintiff shall seek consent from defendants and file a request for an extension of time with the Court. If, after reviewing the translated document, plaintiff determines that there is a basis for the Court to compel arbitration, the parties shall confer and submit a proposed briefing schedule for plaintiff's motion to compel arbitration. If plaintiff determines there is no basis for its motion to compel arbitration, the parties shall confer and submit a proposed briefing schedule for defendants' partial motion to dismiss. (Court Reporter David Roy.) (Schindler, Emma) |
SCHEDULING ORDER. Pre-motion conference set for July 15, 2020 at 11:00 AM. The call-in information for the conference is 1-888-684-8852 and the access code is 9801036. If any party has any difficulty accessing the telephone conference, please contact chambers at 718-613-2140. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Ordered by Judge Margo K. Brodie on 7/10/2020. (Valentin, Winnethka)
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| Filing 14 RESPONSE in Opposition re #13 Letter MOTION for pre motion conference re #1 Complaint, filed by Fantastic Industries, Inc.. (Attachments: #1 Exhibit Signed Arbitration Agreement with English Translation) (Troy, Gordon) |
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Order re #13 Request for Pre-motion Conference. The Court orders Plaintiff to respond to Defendants' request on or before July 8, 2020. Ordered by Judge Margo K. Brodie on 6/30/2020. (Brodman, Alexandra)
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| Filing 13 Letter MOTION for pre motion conference re #1 Complaint, by KCH Corporation, Jacob Kryman. (Attachments: #1 Exhibit A, #2 Exhibit B) (Adler, Jonathan) |
| Filing 12 SUMMONS Returned Executed by Fantastic Industries, Inc.. KCH Corporation served on 6/8/2020, answer due 6/29/2020. (Troy, Gordon) |
| Filing 11 SUMMONS Returned Executed by Fantastic Industries, Inc.. Jacob Kryman served on 6/8/2020, answer due 6/29/2020. (Troy, Gordon) |
| Filing 10 RESPONSE to Motion re #8 Letter MOTION for Extension of Time to File Answer re #1 Complaint, filed by Fantastic Industries, Inc.. (Troy, Gordon) |
| Filing 9 NOTICE of Appearance by Andrew Bochner on behalf of All Defendants (aty to be noticed) (Bochner, Andrew) |
| Filing 8 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by KCH Corporation, Jacob Kryman. (Adler, Jonathan) |
| Filing 7 NOTICE of Appearance by Jacob E. Lewin on behalf of All Defendants (aty to be noticed) (Lewin, Jacob) |
| Filing 6 NOTICE of Appearance by Jonathan L. Adler on behalf of KCH Corporation, Jacob Kryman (aty to be noticed) (Adler, Jonathan) |
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ORDER re #8 Letter MOTION for Extension of Time -- I respectfully direct the plaintiff to respond to the defendants' letter motion, Docket Entry #8 , by June 12, 2020. Ordered by Magistrate Judge James Orenstein on 6/11/2020. (Walker, Anna)
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ORDER granting #8 Motion for Extension of Time to Answer -- The motion is granted on consent; defendants KCH Corporation and Jacob Kryman shall answer or otherwise respond to the complaint by June 29, 2020. Ordered by Magistrate Judge James Orenstein on 6/11/2020. (Walker, Anna)
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| Filing 5 Summons Issued as to Jacob Kryman. (Sica, Michele) |
| Filing 4 Summons Issued as to KCH Corporation. (Sica, Michele) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Sica, Michele) |
| Filing 2 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. (Sica, Michele) |
| Case Assigned to Judge Margo K. Brodie and Magistrate Judge James Orenstein. 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. (Sica, Michele) |
| Filing 1 COMPLAINT against KCH Corporation, Jacob Kryman filing fee $ 400, receipt number ANYEDC-12859496 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Fantastic Industries, Inc.. (Attachments: #1 Civil Cover Sheet with Rule 7.1 Statement, #2 Proposed Summons Kryman, #3 Proposed Summons KCH) (Troy, Gordon) |
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