Cloudfund LLC v. Vivera Bio Inc d/b.a Vivera Bio et al
| Cloudfund LLC |
| Vivera Bio Inc d/b.a Vivera Bio and Paul Edalat |
| 1:2023cv01670 |
| March 3, 2023 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Cheryl L Pollak |
| Contract: Other |
| 28 U.S.C. § 1446 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.
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| Civil Case Terminated. (AG) |
| Filing 17 STIPULATION of Dismissal by Cloudfund LLC (Murray, Christopher) |
| MINUTE ENTRY for Docket Call before Magistrate Judge Cheryl Pollak on 8/11/2023. Appearance for plaintiff: Christopher Murray. Appearance for defendants: Henry Saurborn (Paul Edalat present). Parties settled. Stipulation of discontinuance to be filed within 30 days 9/11/2023 or status report explaining delay. (DC) |
ELECTRONIC ORDER granting #16 Motion to Adjourn Conference: The Court grants the plaintiff's request to adjourn the arbitration on consent. Counsel and their clients are Ordered to appear for a conference before Magistrate Judge Cheryl L. Pollak to proceed via Zoom on 8/11/2023 at 12:15 PM. Zoom link to be provided by separate email. Failure to appear will result in a possible recommendation of monetary sanctions. If, however, the parties execute a settlement agreement prior to the 8/11/2023 conference, the parties should alert the Court and the conference will be adjourned sine die. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/2/2023. (MK)
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| Filing 16 MOTION to Adjourn Conference by Cloudfund LLC. (Murray, Christopher) |
| Filing 15 MEMORANDUM in Opposition to Motion to Remand filed by All Defendants. (Saurborn, Henry) |
| Filing 14 AFFIDAVIT/DECLARATION in Opposition re #12 MOTION to Remand to State Court filed by All Defendants. (Attachments: #1 Exhibit) (Saurborn, Henry) |
| Filing 13 NOTICE of Arbitration Hearing -Notice Designating Case to Arbitrator Arbitration Hearing set for 8/11/2023 10:00 AM in Video before Arbitrator. (RC) |
| NOTICE Designating Case To Arbitration. This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7(d) which requires the Clerk of Court to designate and process for compulsory arbitration all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs. Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7(d)(3). (RC) |
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ELECTRONIC ORDER : In light of #12 , the initial conference previously scheduled for 4/18/2023 before Magistrate Judge Cheryl L. Pollak is adjourned sine die. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/28/2023. (MK)
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ORDER re #12 MOTION to Remand to State Court filed by Cloudfund LLC -- No later than April 24, 2023, Defendants shall respond to Plaintiff's motion to remand. Plaintiff shall reply, if it chooses, by May 4, 2023. Ordered by Judge Eric R. Komitee on 3/27/2023. (AG)
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| Filing 12 MOTION to Remand to State Court by Cloudfund LLC. (Attachments: #1 Declaration Declaration in Support, #2 Exhibit 1 - Notice of Removal with Attachments, #3 Memorandum in Support) (Murray, Christopher) |
| CASE REFERRED to Arbitration. (RC) |
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SCHEDULING ORDER: An Initial Conference is set for 4/18/2023 @ 2:45 PM before Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:45 PM. Enter Access code: 380-1746 and security code: 23-1670. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/20/2023. (DC)
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Filing 11
ORDER GRANTING SUBSTITUTION OF ATTORNEY, The Court has approved that Atty. Christopher R. Murray be Council of Record for the plaintiff in place of Vadim Serebro. Ordered by Magistrate Judge Cheryl L. Pollak on 3/17/2023. (VM)
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| REQUEST for Certificate of Default is denied at this time. It appears from the docket that Defendants have appeared and filed an Answer. re #8 Request for Certificate of Default, #7 Request for Certificate of Default, (JP) |
| Filing 10 ANSWER to Complaint by Paul Edalat, Vivera Bio Inc d/b.a Vivera Bio. (Saurborn, Henry) |
| Filing 9 NOTICE of Consent to Change Attorney by Christopher Ryan Murray (Murray, Christopher) |
| Filing 8 Request for Certificate of Default by Cloudfund LLC (Attachments: #1 Declaration, #2 Exhibit Affidavits of Service, #3 Exhibit State and Federal Docket Reports, #4 Exhibit Summons, Verified Complaint, Agreement, Remittance History, #5 Proposed Order Proposed Certificate of Default) (Murray, Christopher) |
| Filing 7 Request for Certificate of Default by Cloudfund LLC (Attachments: #1 Declaration Declaration re Default Judgment, #2 Exhibit Affidavits of Service on Defendants, #3 Exhibit State and Federal Docket Reports, #4 Exhibit Summons, Verified Complaint, Agreement, and Remittance History, #5 Proposed Order Proposed Certificate of Default) (Murray, Christopher) |
| Filing 6 NOTICE of Appearance by Christopher Ryan Murray on behalf of Cloudfund LLC (aty to be noticed) (Murray, Christopher) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Cheryl L. Pollak. 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. (SR) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SR) |
| Filing 3 Civil Cover Sheet.. Re #1 Notice of Removal, by Paul Edalat, Vivera Bio Inc d/b.a Vivera Bio (Saurborn, Henry) |
| Filing 2 Corporate Disclosure Statement by Paul Edalat, Vivera Bio Inc d/b.a Vivera Bio (Saurborn, Henry) |
| Filing 1 NOTICE OF REMOVAL by Paul Edalat, Vivera Bio Inc d/b.a Vivera Bio from Supreme Court of the State of New York, County of Queens, case number 702013/2023. ( Filing fee $ 402 receipt number ANYEDC-16466031) (Attachments: #1 Exhibit A) (Saurborn, Henry) |
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