Fellows et al v. Ciccone et al
| Michael Fellows and Jonathan Hadden |
| Madonna Louise Ciccone, Live Nation Worldwide, Inc., Live Nation MTours (USA), Inc. and Brooklyn Events Center, LLC doing business as Barclays Center |
| 1:2024cv00357 |
| January 17, 2024 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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ORDER: The Court is in receipt of the parties' joint letter and proposed case management plan. See ECF No. #15 . Defendants seek a limited stay of discovery in view of their forthcoming motion to dismiss. Id. at 5. The Court may appropriately decide the motion on the papers. The Court finds that there is good cause for a limited stay of discovery in this case. See Chesney v. Valley Stream Union Free Sch. Dist. No. 24, 236 F.R.D. 113, 115 (E.D.N.Y. 2006). In determining whether a discovery stay is appropriate, the Court considers, among other factors, "(1) whether the defendant[s] ha[ve] made a strong showing that the plaintiff[s'] claim is unmeritorious; (2) the breadth of discovery and the burden of responding to it; and (3) the risk of unfair prejudice to the part[ies] opposing the stay." See id. The Court finds that Defendants have made a strong showing that their forthcoming motion will eliminate or narrow the claims in this case, that there will be extensive discovery demands in this putative class action, and that a stay will not be unfairly prejudicial to Plaintiffs, especially as they will still promptly receive initial discovery. Accordingly, discovery is stayed pending resolution of Defendants' forthcoming motion to dismiss and the Court will defer entry of a case management plan, except that on or before April 3, 2024, (1) the parties shall exchange initial disclosures required by Rule 26(a)(1), (2) the parties shall agree on procedures for the production of electronically stored information, and (3) the parties shall submit a confidentiality order to the Court for approval.Furthermore, the Court finds that a pre-motion conference for Defendants' motion to dismiss is unnecessary. Accordingly, the parties shall not submit pre-motion conference letters in accordance with Section IV.A of the Court's Individual Practices. Instead, Defendants shall file their motion to dismiss on or before April 3, 2024. Plaintiffs shall file their opposition on or before May 3, 2024. Defendants shall file any reply on or before May 17, 2024. The parties' motion papers shall comply with the page limits and other requirements described in Section IV.B of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 3/4/2024. (RCM)
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| Filing 15 Letter (Joint Letter) by Michael Fellows, Jonathan Hadden (Attachments: #1 Civil Case Management Plan) (Corwin, Marcus) |
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Filing 14
ORDER: The Court grants Defendant Barclays Center's letter motion for an extension of time to answer or otherwise respond to the complaint. See ECF No. #13 . Defendant Barclays Center shall answer or otherwise respond to the complaint on or before March 25, 2024.Because all Defendants have been served or have waived service, see id., the Court vacates its prior Order requiring Plaintiffs to file a letter describing Plaintiffs' efforts to serve Plaintiffs' complaint and a summons on each Defendant, see January 18, 2024, Text Order. Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by March 1, 2024, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiffs' counsel shall notify Defendants' counsel of this Scheduling Order, in writing, as soon as reasonably possible.In light of the extension of time to answer or otherwise respond to the complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this Order because the Court does not need Defendants' answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 2/2/2024. (RCM)
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| Filing 13 Letter MOTION for Extension of Time to File Answer or Response to the Complaint by Brooklyn Events Center, LLC, Madonna Louise Ciccone, Live Nation MTours (USA), Inc., Live Nation Worldwide, Inc.. (Crawshaw-Sparks, Sandra) |
| Filing 12 SUMMONS Returned Executed by Michael Fellows, Jonathan Hadden. Brooklyn Events Center, LLC served on 1/31/2024, answer due 2/21/2024. (Corwin, Marcus) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Michael Fellows, Jonathan Hadden. Live Nation MTours (USA), Inc. waiver sent on 1/25/2024, answer due 3/25/2024. (Corwin, Marcus) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Michael Fellows, Jonathan Hadden. Live Nation Worldwide, Inc. waiver sent on 1/25/2024, answer due 3/25/2024. (Corwin, Marcus) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Michael Fellows, Jonathan Hadden. Madonna Louise Ciccone waiver sent on 1/25/2024, answer due 3/25/2024. (Corwin, Marcus) |
| Filing 8 NOTICE of Appearance by Marcus Wolf Corwin on behalf of Michael Fellows, Jonathan Hadden (notification declined or already on case) (Corwin, Marcus) |
| Filing 7 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17497396 by Michael Fellows, Jonathan Hadden. (Attachments: #1 Affidavit In Support of Notice of Motion to Admit Counsel Pro Hac Vice) (Corwin, Marcus) |
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ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. Attorney Marcus W. Corwin is granted permission to appear pro hac vice on behalf of Plaintiffs Michael Fellows and Jonathan Hadden. The attorney shall register for ECF 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. Ordered by Judge Hector Gonzalez on 1/24/2024. (RCM)
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ORDER denying #6 Motion for Leave to Appear Pro Hac Vice. Marcus W. Corwin moves for admission pro hac vice. See ECF No. #6 . The affidavit accompanying the motion, required by Local Civil Rule 1.3(c), is unsigned. See ECF No. [6-1]. The application is therefore deficient, and the Court denies the motion without prejudice. Ordered by Judge Hector Gonzalez on 1/24/2024. (RCM)
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| Filing 6 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17493179 by Michael Fellows, Jonathan Hadden. (Attachments: #1 Affidavit In Support of Notice of Motion to Admit Counsel Pro Hac Vice) (Corwin, Marcus) |
| Filing 5 Summons Issued as to Brooklyn Events Center, LLC, Madonna Louise Ciccone, Live Nation MTours (USA), Inc., Live Nation Worldwide, Inc. (JVC) |
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ORDER denying #3 Motion for Leave to Appear Pro Hac Vice. Marcus W. Corwin moves for admission pro hac vice. See ECF No. #3 . That motion "must be accompanied by a certificate of the court for each of the states in which [Mr. Corwin] is a member of the bar, which has been issued within thirty (30) days of filing and states that [Mr. Corwin] is a member in good standing of the bar of that state court." E.D.N.Y. Local Civil Rule 1.3(c). Mr. Corwin's affidavit in support of his motion indicates that he is a member in good standing of the Florida and Maryland state bars. See ECF No. [3-1]. The motion includes a certificate of good standing from the United States District Court for the District of Maryland, see id., which is not a Maryland state court. The certificate also does not indicate that Mr. Corwin is a member in good standing of the Maryland state bar. The application is therefore deficient, and the Court denies the motion without prejudice. Ordered by Judge Hector Gonzalez on 1/23/2024. (RCM)
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| Filing 4 Proposed Summons. Re Quality Control Check - Summons, #1 Complaint, by Michael Fellows, Jonathan Hadden (Klass, Richard) |
| Filing 3 Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number BNYEDC-17477050 by Michael Fellows, Jonathan Hadden. (Attachments: #1 Affidavit) (Corwin, Marcus) |
| Filing 2 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (AF) |
| Case Assigned to Judge Hector Gonzalez. 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. (AF) |
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ORDER: Plaintiffs shall file a letter no longer than three pages on or before February 8, 2024, describing Plaintiffs' efforts to serve Plaintiffs' complaint and a summons on each Defendant. If Plaintiffs fail to file the letter required by this order, or if Plaintiffs' letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiffs to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. Notably, it appears that Plaintiffs have not filed a correct summons for the Clerk of Court to issue.The Court will not extend the deadline for Plaintiffs to file the letter required by this order unless Plaintiffs request an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 1/18/2024. (RCM)
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| Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (AF) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-17471412 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Michael Fellows, Jonathan Hadden. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons) (Klass, Richard) |
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