Hayes v. Chembio Diagnostics, Inc. et. al.
| Ken Hayes |
| Mary Lake Polan, Richard L. Eberly, John G. Potthoff, Chembio Diagnostics, Inc., Katherine L. Davis and Gail S. Page |
| 2:2020cv02918 |
| July 1, 2020 |
| US District Court for the Eastern District of New York |
| Sandra J Feuerstein |
| A Kathleen Tomlinson |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 27, 2020. A more recent docket listing may be available from PACER.
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ORDER DISMISSING CASE: Based upon Plaintiff's Notice of Dismissal (ECF No. #12 ) and the Parties' Stipulation of Dismissal (ECF No. [12-1]), this case is closed. Plaintiff shall have until September 28, 2020 to move to reopen the case if the attorneys' fee issue has not been resolved. Ordered by Judge Sandra J. Feuerstein on 7/27/2020. c/ECF (Killigrew, Patricia)
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| Filing 12 NOTICE of Voluntary Dismissal by Ken Hayes (Attachments: #1 Stipulation of Voluntary Dismissal) (Bruckner, Gustavo) |
| Filing 11 DECLARATION of Service of the Court's July 9, 2020 Orders. by Ken Hayes (Kupka, Christopher) |
| Filing 10 NOTICE of Appearance by Joanna A Diakos on behalf of Chembio Diagnostics, Inc. (aty to be noticed) (Diakos, Joanna) |
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Filing 9
ORDER granting #8 Motion to Withdraw #2 Unsigned Order to Show Cause and strike briefing and argument from the Court's calendar. IT IS HEREBY ORDERED that: Plaintiff, having withdrawn his Motion, the Court's OSC #6 is VACATED; The July 16, 2020 Status Conference with respect to the Motion is CANCELLED; and Plaintiff shall serve Defendants with a copy of this Order and file proof of said service with the Court. Ordered by Judge Sandra J. Feuerstein on 7/9/2020. (Florio, Lisa)
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SCHEDULING ORDER: Initial Conference set for 10/5/2020 at 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein at the Central Islip Federal Courthouse, located at 100 Federal Plaza, Central Islip, New York 11722. The parties shall appear with authority, or with individuals with authority, to settle this matter. Plaintiff(s) shall serve a copy of this SCHEDULING ORDER upon Defendant(s) and file proof of such service with the Court. Ordered by Judge Sandra J. Feuerstein on 7/9/2020.c/ECF (Killigrew, Patricia)
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| Filing 8 Letter MOTION to Withdraw #2 Unsigned Order to Show Cause and strike briefing and argument from the Court's calendar by Ken Hayes. (Attachments: #1 Exhibit Proxy Supplement, #2 Exhibit 8-K Current Report, #3 Proposed Order Proposed Order) (Kupka, Christopher) |
| Filing 7 DECLARATION of Christopher J. Kupka regarding service of process by Ken Hayes (Attachments: #1 Affidavit Affidavit of Service) (Kupka, Christopher) |
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Filing 6
ORDER TO SHOW CAUSE: Defendants shall serve and file their affidavits and opposition papers, if any, by 5:00 p.m. (EST) on July 9, 2020, and Plaintiff shall serve and file his reply papers, if any, by 5:00 p.m. (EST) on July 14, 2020; A telephonic status conference is scheduled for July 16, 2020 at 12:00 noon. At that time, the parties are to call Chambers' teleconference number, (877) 336-1280, and follow the prompts; the access code is: 7215690; Upon receipt of this Order, Counsel for Defendants shall file a Notice of Appearance with the Comi as soon as practicable; and Plaintiff is instructed to serve a copy of this Order, as well as the moving papers filed in support thereof, including the memorandum of law, attorney declaration, and exhibits accompanying the attorney declaration, upon (a) Chembio's General Counsel, on or before 6:00p.m. (ESU on July 21 2020, and (b) Chembio's registered agent, namely: Capitol Corporate Services, Inc., 202 South Minnesota Street, Carson City, NV, 89703, on or before 11 :00 a.m. on July 6, 2020, and such service shall constitute effective service of same. SEE ATTACHED ORDER FOR FURTHER DETAILS. So Ordered by Judge Sandra J. Feuerstein on 7/2/2020. (Cubano, Jazmin)
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| Filing 5 Summons Issued as to Chembio Diagnostics, Inc., Katherine L. Davis, Richard L. Eberly, Gail S. Page, Mary Lake Polan, John G. Potthoff. (Flanagan, Doreen) |
| Filing 4 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. (Flanagan, Doreen) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Davis, Kimberly) Modified on 7/2/2020 (Flanagan, Doreen). (Additional attachment(s) added on 7/2/2020: #1 Additional Quality Control Check Sheet) (Flanagan, Doreen). |
| Case Assigned to Judge Sandra J. Feuerstein and Magistrate Judge A. Kathleen Tomlinson. 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. (Flanagan, Doreen) |
| Filing 2 Unsigned Order to Show Cause by Ken Hayes (Attachments: #1 Memorandum in Support, #2 Declaration with Exhibits A-C) (Bruckner, Gustavo) |
| Filing 1 COMPLAINT against Chembio Diagnostics, Inc., Katherine L. Davis, Richard L. Eberly, Gail S. Page, Mary Lake Polan, John G. Potthoff filing fee $ 400, receipt number ANYEDC-13004512 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Ken Hayes. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Bruckner, Gustavo) |
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