Oceanside Ten Holdings.com, LLC et al v. MKTG, Inc. et al

Plaintiff: Marketonce.com, LLC and Oceanside Ten Holdings.com, LLC
Defendant: MKTG, Inc., Steven H. Gittelman and Sample Solutions, LLC
Case Number: 2:2018cv02984
Filed: May 18, 2018
Court: US District Court for the Eastern District of New York
Office: Central Islip Office
Presiding Judge: Gary R Brown
Referring Judge: Arthur D Spatt
Nature of Suit: Fraud or Truth-In-Lending
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 18, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 18, 2018 Filing 42 OPINION AND ORDER granting #30 Motion to Transfer, and denying as moot #31 Motion for Stay, by Chief Judge Marcia S. Krieger on 5/18/18. (dkals, ) [Transferred from Colorado on 5/21/2018.]
March 29, 2018 Filing 41 REPLY to Response to #31 MOTION to Stay filed by Defendants Steven H. Gittelman, MKTG, Inc., Sample Solutions, LLC. (Kratz, Timothy) [Transferred from Colorado on 5/21/2018.]
March 29, 2018 Filing 40 REPLY to Response to #30 MOTION to Transfer Case re Venue Pursuant to 28 USC Section 1404(a) filed by Defendants Steven H. Gittelman, MKTG, Inc., Sample Solutions, LLC. (Kratz, Timothy) [Transferred from Colorado on 5/21/2018.]
March 22, 2018 Filing 39 ORDER denying 38 Motion for Leave to Restrict: The Court has reviewed the Software and Hardware Transfer and Sale Agreement, Docket #36-1, and sees nothing therein that would warrant a restriction on public access to the document under D.C. Colo. L. Civ. R. 7.2. Accordingly, the motion to restrict access is denied and the Clerk of the Court shall lift the provisional restriction on Docket #36 in its entirety. by Chief Judge Marcia S. Krieger on 3/22/18. Text Only Entry (msklc2, ) [Transferred from Colorado on 5/21/2018.]
March 20, 2018 Filing 38 MOTION for Leave to Restrict by Plaintiffs Marketonce.com, LLC, Oceanside Ten Holdings.com, LLC. Public entry for #36 Restricted Document. Text Only Entry (dkals, ) [Transferred from Colorado on 5/21/2018.]
March 20, 2018 Filing 37 RESPONSE to #31 MOTION to Stay Proceedings Pending Resolution fo Defendants' Motion to Transfer Venue filed by Plaintiffs Marketonce.com, LLC, Oceanside Ten Holdings.com, LLC. (Gutierrez, Steven) [Transferred from Colorado on 5/21/2018.]
March 20, 2018 Filing 36 UNRESTRICTED DOCUMENT - Level 1: Motion by Plaintiffs Marketonce.com, LLC, Oceanside Ten Holdings.com, LLC.. (Attachments: #1 Exhibit A, #2 Proposed Order (PDF Only))(Gutierrez, Steven) Modified on 3/22/2018 to unrestrict pursuant to 39 Order (dkals, ). [Transferred from Colorado on 5/21/2018.]
March 20, 2018 Filing 35 RESPONSE to #30 MOTION to Transfer Case re Venue Pursuant to 28 USC Section 1404(a) filed by Plaintiffs Marketonce.com, LLC, Oceanside Ten Holdings.com, LLC. (Gutierrez, Steven) [Transferred from Colorado on 5/21/2018.]
March 6, 2018 Filing 34 ORDER granting #33 Motion for Extension of Time to File Response/Reply: Although neither the desire to engage in settlement discussions, MSK Practice Standards (Civil) 16.6(a)(1), nor the press of other business, Practice Standard 6.1(b), constitute good cause for an extension of time, the Court notes that the motion also indicates that the complexity of the issues is an alternative ground for the request. On that basis, the motion is granted. The Plaintiffs' responses are due March 21, 2018. By Chief Judge Marcia S. Krieger on 3/6/18. Text Only Entry (msklc2, ) [Transferred from Colorado on 5/21/2018.]
March 6, 2018 Filing 33 Unopposed MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Stay , #30 MOTION to Transfer Case re Venue Pursuant to 28 USC Section 1404(a) by Plaintiffs Marketonce.com, LLC, Oceanside Ten Holdings.com, LLC. (Attachments: #1 Proposed Order (PDF Only))(Gutierrez, Steven) [Transferred from Colorado on 5/21/2018.]
February 15, 2018 Filing 32 Defendants' ANSWER to #1 Complaint,, by Steven H. Gittelman, MKTG, Inc., Sample Solutions, LLC.(Kratz, Timothy) [Transferred from Colorado on 5/21/2018.]
February 14, 2018 Filing 31 MOTION to Stay by Defendants Steven H. Gittelman, MKTG, Inc., Sample Solutions, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order (PDF Only) Proposed Order re Motion to Stay)(Kratz, Timothy) [Transferred from Colorado on 5/21/2018.]
February 14, 2018 Filing 30 MOTION to Transfer Case re Venue Pursuant to 28 USC Section 1404(a) by Defendants Steven H. Gittelman, MKTG, Inc., Sample Solutions, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order (PDF Only) Order GRANTING Defendants' Motion to Transfer Venue Pursuant to 28 USC Section 1404 a)(Kratz, Timothy) [Transferred from Colorado on 5/21/2018.]
February 14, 2018 Filing 29 TRIAL PREPARATION ORDER. By Chief Judge Marcia S. Krieger on 02/14/2018. (athom, ) [Transferred from Colorado on 5/21/2018.]
February 13, 2018 Filing 28 SCHEDULING ORDER, by Magistrate Judge Kathleen M. Tafoya on 02/12/2018. Discovery due by 9/13/2018. Dispositive Motions due by 10/26/2018. by Magistrate Judge Kathleen M. Tafoya on 02/12/2018. (ipark, ) [Transferred from Colorado on 5/21/2018.]
February 12, 2018 Filing 27 COURTROOM MINUTES for a Scheduling Conference held on 2/12/2018 before Magistrate Judge Kathleen M. Tafoya. FTR: KMT Courtroom 1000. (ipark, ) [Transferred from Colorado on 5/21/2018.]
February 6, 2018 Filing 26 MINUTE ORDER granting #24 Motion to Appear Telephonically at Scheduling Conference. The parties may attend the Scheduling Conference by telephone by initiating a conference call and then calling chambers, 719-575-0328, at the scheduled time. The parties shall use a LAND LINE; NO CELLULAR, CORDLESS OR SPEAKER PHONES ARE PERMITTED. By Magistrate Judge Kathleen M. Tafoya on 2/6/18. Text Only Entry (kmtlc1 ) [Transferred from Colorado on 5/21/2018.]
February 6, 2018 Filing 25 MEMORANDUM regarding #24 Joint MOTION for Leave to Appear Telephonically at Scheduling Conference filed by Oceanside Ten Holdings.com, LLC, Marketonce.com, LLC. Motions referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Marcia S. Krieger on 2/6/18. Text Only Entry (msklc2, ) [Transferred from Colorado on 5/21/2018.]
February 5, 2018 Filing 24 Joint MOTION for Leave to Appear Telephonically at Scheduling Conference by Plaintiffs Marketonce.com, LLC, Oceanside Ten Holdings.com, LLC. (Attachments: #1 Proposed Order (PDF Only))(Gutierrez, Steven) [Transferred from Colorado on 5/21/2018.]
February 5, 2018 Filing 23 Proposed Scheduling Order by Plaintiffs Marketonce.com, LLC, Oceanside Ten Holdings.com, LLC. (Gutierrez, Steven) [Transferred from Colorado on 5/21/2018.]
January 30, 2018 Filing 22 ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Chief Judge Marcia S. Krieger on 1/30/18. Text Only Entry (pglov) [Transferred from Colorado on 5/21/2018.]
January 24, 2018 Filing 21 ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya: IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and FED. R. CIV. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1)Convene a scheduling conference under FED. R. CIV. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;(2)ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. Early Neutral Evaluation is approved. On the informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in a settlement conference conducted by the magistrate judge if the parties have engaged in an Early Neutral Evaluation and are unable to afford or otherwise attain private settlement assistance;(3)Hear and determine referred matters in accordance with 28 U.S.C. 636(b)(1)(A) and (B). by Chief Judge Marcia S. Krieger on 1/24/18. Text Only Entry (msklc2, ) [Transferred from Colorado on 5/21/2018.]
January 24, 2018 Filing 20 ORDER granting #19 Motion for Extension of Time to Answer or Otherwise Respond: Defendants' response to Complaint due 2/15/18. No further extensions will be granted. By Chief Judge Marcia S. Krieger on 1/24/18. Text Only Entry (msklc2, ) [Transferred from Colorado on 5/21/2018.]
January 23, 2018 Filing 19 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, by Defendants Steven H. Gittelman, MKTG, Inc., Sample Solutions, LLC. (Attachments: #1 Proposed Order (PDF Only))(Kratz, Timothy) [Transferred from Colorado on 5/21/2018.]
January 22, 2018 Filing 18 CASE REASSIGNED pursuant to #17 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Chief Judge Marcia S. Krieger. All future pleadings should be designated as 17-cv-02984-MSK. (Text Only Entry) (jgonz, ) [Transferred from Colorado on 5/21/2018.]
January 19, 2018 Filing 17 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Marketonce.com, LLC, Oceanside Ten Holdings.com, LLC All parties do not consent.. (Williams, Bradford) [Transferred from Colorado on 5/21/2018.]
January 11, 2018 Filing 16 NOTICE of Entry of Appearance by Bradford J. Williams on behalf of Marketonce.com, LLC, Oceanside Ten Holdings.com, LLCAttorney Bradford J. Williams added to party Marketonce.com, LLC(pty:pla), Attorney Bradford J. Williams added to party Oceanside Ten Holdings.com, LLC(pty:pla) (Williams, Bradford) [Transferred from Colorado on 5/21/2018.]
January 11, 2018 Filing 15 AMENDED ORDER setting Scheduling Conference for 2/12/2018 11:15 AM in Suite 1000 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 1/11/2018. (jgonz, ) [Transferred from Colorado on 5/21/2018.]
January 10, 2018 Filing 14 NOTICE of Entry of Appearance of Bradford J. Williams by Steven M. Gutierrez on behalf of Marketonce.com, LLC, Oceanside Ten Holdings.com, LLC (Gutierrez, Steven) [Transferred from Colorado on 5/21/2018.]
January 9, 2018 Filing 13 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Sample Solutions, LLC, MKTG, Inc., Steven H. Gittelman. All Defendants. (Kratz, Timothy) [Transferred from Colorado on 5/21/2018.]
January 9, 2018 Filing 12 NOTICE of Entry of Appearance of Timothy M. Kratz by Timothy Michael Kratz on behalf of All Defendants Attorney Timothy Michael Kratz added to party Steven H. Gittelman(pty:dft), Attorney Timothy Michael Kratz added to party MKTG, Inc.(pty:dft), Attorney Timothy Michael Kratz added to party Sample Solutions, LLC(pty:dft) (Kratz, Timothy) [Transferred from Colorado on 5/21/2018.]
January 9, 2018 Filing 11 NOTICE of Entry of Appearance of Melisa H. Panagakos by Melisa Hallie Panagakos on behalf of All Defendants Attorney Melisa Hallie Panagakos added to party Steven H. Gittelman(pty:dft), Attorney Melisa Hallie Panagakos added to party MKTG, Inc.(pty:dft), Attorney Melisa Hallie Panagakos added to party Sample Solutions, LLC(pty:dft) (Panagakos, Melisa) [Transferred from Colorado on 5/21/2018.]
December 19, 2017 Filing 10 SUMMONS Returned Executed by Oceanside Ten Holdings.com, LLC, Marketonce.com, LLC. MKTG, Inc. served on 12/19/2017, answer due 1/9/2018. (Williams, Bradford) [Transferred from Colorado on 5/21/2018.]
December 19, 2017 Filing 9 SUMMONS Returned Executed by Oceanside Ten Holdings.com, LLC, Marketonce.com, LLC. Sample Solutions, LLC served on 12/19/2017, answer due 1/9/2018. (Williams, Bradford) [Transferred from Colorado on 5/21/2018.]
December 19, 2017 Filing 8 SUMMONS Returned Executed by Oceanside Ten Holdings.com, LLC, Marketonce.com, LLC. Steven H. Gittelman served on 12/19/2017, answer due 1/9/2018. (Williams, Bradford) [Transferred from Colorado on 5/21/2018.]
December 18, 2017 Filing 7 ORDER Setting Scheduling Conference set for 2/12/2018 11:15 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. Consent Form due by 2/5/2018, by Magistrate Judge Kathleen M. Tafoya on 12/18/17. (sgrim) [Transferred from Colorado on 5/21/2018.]
December 13, 2017 Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (athom, ) [Transferred from Colorado on 5/21/2018.]
December 13, 2017 Filing 5 CASE REASSIGNED pursuant to #4 Memorandum Returning Case. This case is randomly reassigned to Magistrate Judge Kathleen M. Tafoya. All future pleadings should be designated as 17-cv-02984-KMT. (Text Only Entry) (rebsec) [Transferred from Colorado on 5/21/2018.]
December 13, 2017 Filing 4 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. (rebsec) [Transferred from Colorado on 5/21/2018.]
December 13, 2017 Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Magistrate Judge Consent Form) (dbera, ) [Transferred from Colorado on 5/21/2018.]
December 12, 2017 Filing 2 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Michael J. Watanabe. Text Only Entry (dbera, ) [Transferred from Colorado on 5/21/2018.]
December 12, 2017 Filing 1 COMPLAINT against All Defendants (Filing fee $ 400,Receipt Number 1082-5848671)Attorney Steven M. Gutierrez added to party Marketonce.com, LLC(pty:pla), Attorney Steven M. Gutierrez added to party Oceanside Ten Holdings.com, LLC(pty:pla), filed by Oceanside Ten Holdings.com, LLC, Marketonce.com, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Summons to MKTG, Inc., #4 Summons to Sample Solutions, LLC, #5 Summons to Steven H. Gittelman, #6 Civil Cover Sheet Civil Cover Sheet)(Gutierrez, Steven) [Transferred from Colorado on 5/21/2018.]

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Plaintiff: Marketonce.com, LLC
Represented By: Bradford J. Williams
Represented By: Steven M. Gutierrez
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Plaintiff: Oceanside Ten Holdings.com, LLC
Represented By: Bradford J. Williams
Represented By: Steven M. Gutierrez
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Defendant: MKTG, Inc.
Represented By: Melisa Hallie Panagakos
Represented By: Timothy Michael Kratz
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Defendant: Steven H. Gittelman
Represented By: Melisa Hallie Panagakos
Represented By: Timothy Michael Kratz
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Defendant: Sample Solutions, LLC
Represented By: Timothy Michael Kratz
Represented By: Melisa Hallie Panagakos
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