Gilbert v. Exactus, Inc. et. al.
Plaintiff: Jonathan R. Gilbert
Defendant: John Does 1-10 Unknown Defendants and Exactus, Inc.
Case Number: 2:2019cv05786
Filed: October 14, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Roanne L Mann
Referring Judge: Kiyo A Matsumoto
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1442 Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2019 Filing 10 Letter re status of settlement by Exactus, Inc. (Simson, Sylvia)
December 4, 2019 Filing 9 Minute Entry for proceedings held before Chief Magistrate Judge Roanne L. Mann: Settlement Conference held on 12/4/2019. The stipulation of discontinuance is due by December 13, 2019. See attached Minute Entry. (Kelson, Lise)
November 6, 2019 Opinion or Order SCHEDULING ORDER: A Settlement Conference is set for December 4, 2019 @ 10:00 a.m. in Courtroom 13C South before Chief Magistrate Judge Roanne L. Mann. Plaintiff Gilbert must attend in person and defendants by phone. Ordered by Chief Magistrate Judge Roanne L. Mann on 11/6/2019. (Kelson, Lise)
October 30, 2019 Opinion or Order Minute Entry and ORDER for proceedings held before Judge Kiyo A. Matsumoto: Pre-Motion Conference held on 10/30/2019. Appearances: David A. Schrader, Esq. appeared on behalf of plaintiff. Sylvia E. Simson, Esq. appeared on behalf of defendant.The case is referred to Magistrate Judge Roanne L. Mann for settlement discussions. Plaintiff shall send a written settlement demand to defendant by Monday, November 4, 2019. Defendant shall send a written settlement offer to plaintiff by Tuesday, November 12, 2019. The parties are instructed to coordinate with Judge Mann's chambers with respect to availability for a settlement conference. If the parties subsequently determine that they have exhausted settlement options and cannot agree, then within two days of such determination, the parties shall jointly propose a briefing schedule for defendant's motion to dismiss, or alternatively, to transfer venue. Defendant's time to answer or respond to the complaint will be held in abeyance until such time. Ordered by Judge Kiyo A. Matsumoto on 10/30/2019. (Court Reporter Anthony Mancuso.) (Brasky, Michael)
October 21, 2019 Opinion or Order ORDER granting #7 Letter Request for Pre-Motion Conference. The Court will hold a telephonic pre-motion conference on Wednesday, October 30, 2019, at 1:15 p.m. to discuss Defendant Exactus, Inc.'s proposed motion to dismiss the complaint, or in the alternative, transfer venue. The parties shall arrange a conference call and, once all parties are on the line, dial in to Chambers (718-613-2180). Ordered by Judge Kiyo A. Matsumoto on 10/21/2019. (Brasky, Michael)
October 18, 2019 Filing 8 REPLY in Opposition re #7 Letter (objection to) request for pre-motion conference to seek dismissal or transfer of venue filed by Jonathan R. Gilbert. (Schrader, David)
October 18, 2019 Filing 7 Letter Request for Pre-Motion Conference by Exactus, Inc. (Simson, Sylvia)
October 15, 2019 Filing 6 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. (Vanderbilt, Evelyn)
October 15, 2019 Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for additional corrections that were made. (Vanderbilt, Evelyn)
October 15, 2019 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
October 15, 2019 Case Assigned to Judge Kiyo A. Matsumoto and Chief Magistrate Judge Roanne L. Mann. 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. (Vanderbilt, Evelyn)
October 14, 2019 Filing 3 CERTIFICATE OF SERVICE by Exactus, Inc. re #1 Notice of Removal, #2 Proposed Summons/Civil Cover Sheet (Perkins, James)
October 14, 2019 Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Exactus, Inc. (Perkins, James)
October 14, 2019 Filing 1 NOTICE OF REMOVAL by Exactus, Inc. from Supreme Court of the State of New York, Nassau County, case number 612928/2019. ( Filing fee $ 400 receipt number ANYEDC-11940385) Was the Disclosure Statement completed on the Civil Cover Sheet?-Yes (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Affidavit of Service, #3 Exhibit C - Clerks Minutes) (Perkins, James) Modified on 10/15/2019 (Vanderbilt, Evelyn).

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Plaintiff: Jonathan R. Gilbert
Represented By: David A,. Schrader
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Defendant: John Does 1-10 Unknown Defendants
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Defendant: Exactus, Inc.
Represented By: James Wilson Perkins
Represented By: Sylvia E Simson
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