Pollack v. Gordon et al
| Kevin Pollack |
| Jodie Gordon and Fusion Models BK LLC |
| 1:2023cv02376 |
| March 28, 2023 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Kiyo A Matsumoto |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 Corporate Disclosure Statement by Kevin Pollack (Kasell, David) |
ORDER: Counsel's objections #13 to the need to file a Rule 7.1 statement are entirely without merit. Rule 7.1 is no longer a "corporate" disclosure statement, and applies to all "parties," in a diversity proceeding. See Fed. R. Civ. P. 7.1(a)(2). Even if the Rule 7.1 disclosure merely repeats the allegation of citizenship in the pleading, the newly amended Rule still requires filing of such statement. See Fed. R. Civ. P. 7.1(b)(1) (requiring "[a] party"--not just corporate parties--to file a disclosure statement "with its first appearance"). The Court has twice directed Plaintiff to file such a statement; he is given one final opportunity to correct this failure to comply by 6/2/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/26/2023. (IS)
|
| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE by Kevin Pollack (Kasell, David) |
|
ORDER TO SHOW CAUSE: Plaintiff is ordered to show cause by 5/30/2023 why this action should not be dismissed for failure to comply with Court orders. "A court has the inherent power to supervise and control its own proceedings and to sanction counsel or a litigant...for disobeying the court's orders[.]" Mickle v. Morin, 297 F.3d 114, 125 (2d Cir. 2002); Fed. R. Civ. P. 16(f)(1)(C) (permitting sanctions where a party "fails to obey a scheduling or other pretrial order"). Federal Rule of Civil Procedure 7.1 requires parties in a diversity case to file a disclosure statement identifying the citizenship of every individual associated with a party. Fed. R. Civ. P. 7.1(a)(2) ("In an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party or intervenor must, unless the court orders otherwise, file a disclosure statement. The statement must name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party or intervenor: when the action is filed in or removed to federal court[.]"). The disclosure statement must be filed with the party's "first appearance, pleading, petition, motion, response, or other request addressed to the court." Fed. R. Civ. P. 7.1(b)(1). This requirement is "designed to facilitate an early and accurate determination of jurisdiction." Fed. R. Civ. P. 7.1(a)(2) advisory committee's note to 2022 amendment. On March 31, 2023, the Court reminded Plaintiff to file the required Rule 7.1 disclosure statement, because in this case, the alleged subject matter jurisdiction is based upon diversity of citizenship. Plaintiff was warned that failure to file "may lead to sanctions, including dismissal of the action." (Order dated Mar. 31, 2023). On May 5, 2023, upon the appearance of counsel for Defendants, the Court ordered Defendants to file a disclosure statement. (Order dated May 5, 2023). The Court also noted that "Plaintiff has failed to file his Rule 7.1 statement by 4/7/2023 as reflected in the Court's order dated 3/31/2023." (Id.). Counsel for "both sides [were] directed to review the newly amended Rule 7.1, which became effective on December 1, 2022, and file compliant statements by 5/12/2023." (Id.). Plaintiff failed to file the required Rule 7.1 disclosure statement by the Court's deadline despite two Court orders. Plaintiff is directed to show cause why this action should not be dismissed. Failure to respond to this order will result in a recommendation that the action be dismissed. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/22/2023. (IS)
|
| Filing 12 ANSWER to #1 Complaint, , COUNTERCLAIM against All Plaintiffs by All Defendants. (Attachments: #1 Exhibit EXHIBIT A) (Strazzullo, Salvatore) |
|
Filing 11
SCHEDULING ORDER: A telephonic initial conference will be held at 12:00 P.M. on 08/11/2023 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274; access code is 6534420. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 08/08/2023. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/11/2023. (EM)
|
| Filing 10 AFFIDAVIT of Service for Summons and Complaint in Pollack v. Gordon served on Jodie Gordon (a/k/a Jody Gordon) on May 3, 2023, filed by Kevin Pollack. (Kasell, David) |
| Filing 9 AFFIDAVIT of Service for Summons and Complaint in Pollack v. Gordon served on Fusion Models BK LLC via registered agent Jodie Gordon (a/k/a Jodie Gordon) on May 3, 2023, filed by Kevin Pollack. (Kasell, David) |
| Filing 8 Rule 7.1 Statement Disclosure by Fusion Models BK LLC, Jodie Gordon (Strazzullo, Salvatore) Edited text entry from "Notice" to "Rule 7.1. Statement Disclosure". Modified on 5/5/2023 (EM). |
| Email Notification Test - DO NOT REPLY (EM) |
|
ORDER: Defendants are reminded to file their required Rule 7.1 disclosure statement, because in this case, the alleged subject matter jurisdiction is based upon diversity of citizenship. In addition, Plaintiff has failed to file his Rule 7.1 statement by 4/7/2023 as reflected in the Court's order dated 3/31/2023. Counsel for both sides are directed to review the newly amended Rule 7.1, which became effective on December 1, 2022, and file compliant statements by 5/12/2023. Failure to file the required disclosure statement by 5/12/2023 may lead to sanctions, including dismissal of the action, entry of default, or other appropriate remedies. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/5/2023. (IS)
|
| Filing 7 NOTICE of Appearance by Salvatore Strazzullo on behalf of All Defendants (notification declined or already on case) (Strazzullo, Salvatore) |
| Filing 6 Summons Issued as to Jodie Gordon. (JT) |
| Filing 5 Proposed Summons. Re #1 Complaint, by Kevin Pollack (Kasell, David) |
|
ORDER: Plaintiff is reminded to file the required Rule 7.1 disclosure statement, because in this case, the alleged subject matter jurisdiction is based upon diversity of citizenship. Failure to file the required disclosure statement by 4/7/2023 may lead to sanctions, including dismissal of the action, or other appropriate remedies. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/31/2023. (IS)
|
| Filing 4 Summons Issued as to Fusion Models BK LLC, Jodie Gordon. (Attachments: #1 Summons) (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Sanket J. Bulsara. 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. (KD) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-16543485 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Kevin Pollack. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Proposed Summons, #4 Proposed Summons) (Kasell, David) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
