Gadke v. Advance Funds Network LLC
| Kyle Nicholas Gadke |
| Advance Funds Network LLC |
| 1:2022cv02417 |
| April 28, 2022 |
| US District Court for the Eastern District of New York |
| William F Kuntz |
| Peggy Kuo |
| Constitutional - State Statute |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| Plaintiff |
Docket Report
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Filing 27
ORDER DISMISSING CASE: The STIPULATION of Dismissal #26 has been granted. So Ordered by Judge William F. Kuntz, II on 4/4/2023. (IH)
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| Filing 26 STIPULATION of Dismissal by Kyle Nicholas Gadke (Kaufman, Avi) |
| Filing 25 NOTICE of Settlement by Kyle Nicholas Gadke (Kaufman, Avi) |
| Filing 24 STATUS REPORT Joint by Kyle Nicholas Gadke (Kaufman, Avi) |
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ORDER: In light of the #25 Notice of Settlement informing the Court the parties have reached a resolution of this action, the settlement conference scheduled for March 9, 2023 is canceled. The parties are directed to file a stipulation of dismissal by April 3, 2023. Ordered by Magistrate Judge Peggy Kuo on 3/2/2023. (RO)
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ORDER: The Court corrects its previous Order of February 28, 2023 to reflect that it is in receipt of Plaintiff's ex parte settlement statement. The parties are reminded to file their joint status report by March 2, 2023. Ordered by Magistrate Judge Peggy Kuo on 3/1/2023. (RO)
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ORDER: The parties were directed to submit ex parte settlement statements by February 27, 2023, in preparation for the settlement conference on March 9, 2023. They have not done so. The parties are directed to file a joint status report by March 2, 2023, updating the Court on the progress of discovery and indicating whether the settlement conference should be adjourned or proceed as scheduled. Ordered by Magistrate Judge Peggy Kuo on 2/28/2023. (RO)
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| Filing 23 STATUS REPORT Joint Regarding Discovery by Kyle Nicholas Gadke (Kaufman, Avi) |
| Filing 22 RESPONSE in Opposition re #18 First MOTION to Dismiss for Lack of Jurisdiction filed by Kyle Nicholas Gadke. (Kaufman, Avi) |
| Filing 21 REPLY in Support re #18 First MOTION to Dismiss for Lack of Jurisdiction filed by Advance Funds Network LLC. (Attachments: #1 Exhibit) (Maldonado, Edward) |
| Filing 20 Letter regarding service of Plaintiff's Response in Opposition to Defendant's Motion to Dismiss by Kyle Nicholas Gadke (Kaufman, Avi) |
| Filing 19 MOTION to Appear Pro Hac Vice with Notice Filing fee $ 150, receipt number ANYEDC-15890779. by Advance Funds Network LLC. (Attachments: #1 Certificate of Good Standing) (Maldonado, Edward) |
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ORDER granting #19 Motion for Leave to Appear Pro Hac Vice. Attorney Edward A Maldonado is permitted to appear pro hac vice on behalf of Defendant. 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 he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 8/30/2022. (O'Neil-Berven, Ryan)
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| Filing 18 First MOTION to Dismiss for Lack of Jurisdiction by Advance Funds Network LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit A Florida Corp. Doc) (Johnson, Kevin) |
| Filing 17 First MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15864481. by Advance Funds Network LLC. (Attachments: #1 Declaration Attorney Declaration, #2 Exhibit Certificate of Good Standing) (Johnson, Kevin) |
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ORDER: The #17 Motion for Leave to Appear Pro Hac Vice is denied. The Certificate of Good Standing is not timely. Revised Local Civil Rule 1.3 (c) also requires that an attorney seeking to be admitted pro hac vice must also state in the affidavit or declaration whether he/she has been the subject of a disciplinary sanction or criminal conviction and whether he/she has been censured, suspended, disbarred or denied admission by any Court. Counsel is directed to the Pro Hac Vice Attorney Admission Instructions regarding Certificates of Good Standing: # https://www.nyed.uscourts.gov/pro-hac-vice-attorney-admission-instructions . Ordered by Magistrate Judge Peggy Kuo on 8/22/2022. (O'Neil-Berven, Ryan)
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| Filing 16 SUMMONS Returned Executed by Kyle Nicholas Gadke. Advance Funds Network LLC served on 7/11/2022, answer due 8/1/2022. (Coleman, Stefan) |
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Filing 15
ORDER: Because of the ongoing COVID-19 pandemic, the Court has suspended its pre-motion conference requirement. Therefore, the Court DENIES as moot Defendants request for a pre-motion conference, ECF No. 14, and GRANTS Defendant leave to file the anticipated motion. The Court ORDERS the following briefing schedule: Defendant shall file the motion by Monday, August 22, 2022 at 5:00 P.M.; Plaintiff shall submit a response by Wednesday, September 21, 2022 at 5:00 P.M.; Defendant shall file a reply, if any, by Wednesday, October 12, 2022 at 5:00 P.M. As a courtesy, the Court requests the parties refrain from filing motion papers until the motion has been fully briefed. Ordered by Judge William F. Kuntz, II on 7/21/2022. (Herrera, Isaiah)
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| Filing 14 Letter Requesting PreMotion Conference by Advance Funds Network LLC (Johnson, Kevin) |
| Filing 13 ANSWER to #1 Complaint, by Advance Funds Network LLC. (Johnson, Kevin) |
| Filing 12 Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held by telephone on July 19, 2022. Attorney Avi Kaufman appeared on behalf of plaintiff. Attorney Kevin Johnson appeared on behalf of defendant. Mr. Kaufman is permitted to appear for purposes of this hearing and is directed to file his motion for pro hac vice immediately. Defendant informed the Court it intends to request a pre-motion conference on an anticipated motion to dismiss. Any request must comply with District Judge Kuntz's individual practice rules. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. The parties are directed to file a joint status report by November 9, 2022 reporting on the progress of discovery and raising any issues which need to be addressed. A settlement conference will be held by telephone on March 9, 2023 at 2:00 pm in Courtroom 11C South, before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendant with complete settlement authority (other than counsel) must be present. Counsel are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference, either with their clients on the line, or share the dial-in information so their clients can call in separately. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail upon receipt of their Settlement Statements.The parties are directed to submit confidential ex parte settlement statements to Kuo_Chambers@nyed.uscourts.gov by February 27, 2023. The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party's case. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The Court will schedule ex parte telephone calls with counsel after review of the statements. (FTR Log: 11:33 - 11:48) (O'Neil-Berven, Ryan) |
| Filing 11 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15762326. by Kyle Nicholas Gadke. (Attachments: #1 Affidavit of Avi Kaufman, #2 Certificate of Good Standing) (Kaufman, Avi) |
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ORDER granting #11 Motion for 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 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Judge William F. Kuntz, II on 7/19/2022. (Kuntz, William)
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| Filing 10 Proposed Scheduling Order Joint by Kyle Nicholas Gadke (Coleman, Stefan) |
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ORDER: The #9 Motion for Extension of Time to Answer is granted as unopposed. The deadline for defendant Advance Funds Network LLC to answer or otherwise respond to the Complaint is extended to July 19, 2022. Ordered by Magistrate Judge Peggy Kuo on 7/11/2022. (O'Neil-Berven, Ryan)
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| Filing 9 First MOTION for Extension of Time to File Motion in Response to Complaint by Advance Funds Network LLC. (Johnson, Kevin) Modified on 7/5/2022 to correct motion type (O'Neil-Berven, Ryan). |
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ORDER: Any response to the #9 Motion for Extension of Time to File Answer must be filed by July 7, 2022. Ordered by Magistrate Judge Peggy Kuo on 7/5/2022. (O'Neil-Berven, Ryan)
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| Filing 8 Request for Certificate of Default by Kyle Nicholas Gadke (Coleman, Stefan) |
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Filing 7
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on July 19, 2022 at 11:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Counsel are directed to the annexed Initial Conference Order for instructions. By July 13, 2022, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that Defendant is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 6/17/2022. (O'Neil-Berven, Ryan)
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| Filing 6 NOTICE of Appearance by Kevin Scott Johnson on behalf of Advance Funds Network LLC (aty to be noticed) (Johnson, Kevin) |
| Filing 5 SUMMONS Returned Executed by Kyle Nicholas Gadke. Advance Funds Network LLC served on 5/3/2022, answer due 5/24/2022. (Coleman, Stefan) |
| 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) |
| Filing 2 Summons Issued as to Advance Funds Network LLC. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Advance Funds Network LLC filing fee $ 402, receipt number ANYEDC-15514758 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Kyle Nicholas Gadke. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Coleman, Stefan) |
| Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Peggy Kuo. 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) |
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| Plaintiff: Kyle Nicholas Gadke | |
| Represented By: | Stefan Louis Coleman |
| Represented By: | Avi Robert Kaufman |
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| Defendant: Advance Funds Network LLC | |
| Represented By: | Kevin Scott Johnson |
| Represented By: | Edward A Maldonado |
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