Yolked, Inc. et al v. CFG Merchant Solutions, LLC
| Yolked, Inc. and Jim Angelopoulos |
| CFG Merchant Solutions, LLC |
| 1:2023cv06659 |
| September 11, 2023 |
| US District Court for the Eastern District of New York |
| Peggy Kuo |
| Eric N Vitaliano |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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ORDER TO SHOW CAUSE: Pursuant to the Minute Order entered on October 26, 2023, the parties were directed to file a joint letter by October 31, 2023 explaining their failure to appear at the conference and proposing a new date for an initial conference. The parties have failed to comply with this Court Order and are ordered to show cause no later than November 15, 2023 why this case should not be dismissed for failure to prosecute. Ordered by Magistrate Judge Peggy Kuo on 11/2/2023. (RO)
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| Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held by telephone on October 26, 2023. No appearance by any party. Chambers staff attempted to contact the parties by e-mail and left voicemails with counsel for each party. The parties are directed to confer and file a joint letter by October 31, 2023 explaining their failure to appear at the conference and proposing a new date for an initial conference. (NO FTR Recording) (RO) |
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ORDER: Pursuant to the Scheduling Order entered at #25 , the parties were directed to submit a joint proposed discovery plan on the docket by October 20, 2023. The parties have failed to comply with this Court order and are directed to submit the outstanding discovery plan immediately. Ordered by Magistrate Judge Peggy Kuo on 10/23/2023. (RO)
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Filing 25
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on October 26, 2023 at 10:00 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 Clerks Office.)Counsel are directed to the annexed Initial Conference Order for instructions. By October 20, 2023, 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. Ordered by Magistrate Judge Peggy Kuo on 9/12/2023. (RO)
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| Filing 24 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) |
| Filing 23 Case transferred in from District of California Northern; Case Number 5:23-cv-02216. Original file certified copy of transfer order and docket sheet received. |
| The case of Yolked, Inc. et al v. CFG Merchant Solutions LLC, has been transferred from California Northern District (San Jose) to the Eastern District of New York. The new case number is 23-cv-6659. PLEASE NOTE: 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. (KD) |
| Case Electronically Transferred to the Eastern District of New York. (sec, COURT STAFF) (Filed on 9/8/2023) [Transferred from California Northern on 9/11/2023.] |
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Filing 22
ORDER GRANTING Motion to Transfer to the Eastern District of New York. Re: ECF #7 . Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 9/7/2023) [Transferred from California Northern on 9/11/2023.]
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| Filing 21 CLERK'S NOTICE CONTINUING Initial Case Management Conference set for 8/9/2023, to 11/29/2023, at 10:00 AM by telephone. Court plans to issue a case schedule after ruling on the pending motion to dismiss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 8/8/2023) [Transferred from California Northern on 9/11/2023.] |
| Filing 20 JOINT CASE MANAGEMENT STATEMENT & [PROPOSED] ORDER filed by CFG Merchant Solutions, LLC. (Lim, Shi) (Filed on 8/2/2023) [Transferred from California Northern on 9/11/2023.] |
| Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options By Plaintiffs (Martinez, Carlos) (Filed on 7/26/2023) [Transferred from California Northern on 9/11/2023.] |
| Filing 18 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Lim, Shi) (Filed on 7/25/2023) [Transferred from California Northern on 9/11/2023.] |
| Filing 17 RESPONSE re #14 Order to Provide Non-Hearsay Evidence (Declaration of S. Young Lim)) by CFG Merchant Solutions, LLC. (Lim, Shi) (Filed on 7/21/2023) [Transferred from California Northern on 9/11/2023.] |
| Filing 16 RESPONSE re #14 Order to Provide Non-Hearsay Evidence (Declaration of Richard Polgar) by CFG Merchant Solutions, LLC. (Lim, Shi) (Filed on 7/21/2023) [Transferred from California Northern on 9/11/2023.] |
| Filing 15 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 7/20/2023) [Transferred from California Northern on 9/11/2023.] |
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Filing 14
ORDER to Provide Non-Hearsay Evidence Supporting CFG's Status. Re: ECF #7 . Signed by Judge Nathanael M. Cousins on 7/7/2023. (lmh, COURT STAFF) (Filed on 7/7/2023) [Transferred from California Northern on 9/11/2023.]
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| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE by CFG Merchant Solutions, LLC . (Attachments: #1 Declaration of Richard Polgar)(Lim, Shi) (Filed on 6/26/2023) [Transferred from California Northern on 9/11/2023.] |
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Filing 12
ORDER to Defendant to Show Cause Re: Subject Matter Jurisdiction; VACATING June 28 Hearing. Defendant to show cause in writing by June 26, 2023. Signed by Judge Nathanael M. Cousins on 6/21/2023. (lmh, COURT STAFF) (Filed on 6/21/2023) [Transferred from California Northern on 9/11/2023.]
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| Filing 11 REPLY (re #7 MOTION to Dismiss ) filed byCFG Merchant Solutions, LLC. (Attachments: #1 Declaration of Richard Polgar)(Lim, Shi) (Filed on 6/5/2023) [Transferred from California Northern on 9/11/2023.] |
| Filing 10 OPPOSITION/RESPONSE (re #7 MOTION to Dismiss ) filed byJim Angelopoulos, Yolked, Inc.. (Attachments: #1 Declaration Decl. Plf. Counsel in Support)(Martinez, Carlos) (Filed on 5/29/2023) [Transferred from California Northern on 9/11/2023.] |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jim Angelopoulos, Yolked, Inc... (Martinez, Carlos) (Filed on 5/19/2023) [Transferred from California Northern on 9/11/2023.] |
| Filing 8 CLERK'S NOTICE RE: Consent or Declination. Plaintiffs are requested to file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 5/18/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 5/11/2023) [Transferred from California Northern on 9/11/2023.] |
| Filing 7 MOTION to Dismiss filed by CFG Merchant Solutions, LLC. Motion Hearing set for 6/28/2023 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 5/25/2023. Replies due by 6/1/2023. (Attachments: #1 Declaration of James Elder)(Lim, Shi) (Filed on 5/11/2023) [Transferred from California Northern on 9/11/2023.] |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by CFG Merchant Solutions, LLC.. (Lim, Shi) (Filed on 5/11/2023) [Transferred from California Northern on 9/11/2023.] |
| Filing 5 Certificate of Interested Entities by CFG Merchant Solutions, LLC (Lim, Shi) (Filed on 5/11/2023) [Transferred from California Northern on 9/11/2023.] |
| Filing 4 CERTIFICATE OF SERVICE by CFG Merchant Solutions, LLC (Lim, Shi) (Filed on 5/10/2023) [Transferred from California Northern on 9/11/2023.] |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/2/2023. Initial Case Management Conference set for 8/9/2023 10:00 AM in San Jose, Courtroom 5, 4th Floor. (far, COURT STAFF) (Filed on 5/8/2023) [Transferred from California Northern on 9/11/2023.] |
| Filing 2 Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/22/2023. (as, COURT STAFF) (Filed on 5/8/2023) [Transferred from California Northern on 9/11/2023.] |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California,County of Santa Clara. Their case number is 23CV412302. (Filing fee $402 receipt number ACANDC-18240003). Filed byCFG Merchant Solutions, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Civil Cover Sheet Civil Cover Sheet)(Lim, Shi) (Filed on 5/5/2023) [Transferred from California Northern on 9/11/2023.] |
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