Cunningham v. Big Think Capital, Inc. et al
| Craig Cunningham |
| Big Think Capital, Inc., Dan Israel and John/Jane Does 1-5 |
| 2:2021cv02443 |
| April 30, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Arlene R Lindsay |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 32 NOTICE of Appearance by Jessica E. Salisbury-Copper on behalf of Big Think Capital, Inc., Dan Israel (notification declined or already on case) (Salisbury-Copper, Jessica) |
| Filing 31 CERTIFICATE OF SERVICE by Big Think Capital, Inc., Dan Israel of Individual Practice Rules of Judge Gary R. Brown (Piekarski, Mendy) |
ORDER re #30 : The Motion of Jessica Salisbury-Copper for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Counsel is directed to serve a copy of this Order of the plaintiff upon receipt. Ordered by Magistrate Judge Arlene R. Lindsay on 6/3/2021. c/ecf (Imrie, Robert)
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| Filing 30 MOTION to Appear Pro Hac Vice of Jessica Salisbury-Copper Filing fee $ 150, receipt number ANYEDC-14531053. by Big Think Capital, Inc., Dan Israel. (Attachments: #1 Local Rule 1.3 Affidavit, #2 Proposed Order) (Salisbury-Copper, Jessica) |
| Filing 29 ANSWER to #1 Complaint by Big Think Capital, Inc., Dan Israel. (Piekarski, Mendy) |
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ORDER granting #28 Motion for Extension of Time to Answer. The time for Big Think Capital, Inc. and Dan Israel to answer, move against or otherwise respond to the Complaint is hereby extended to May 14, 2021. Ordered by Magistrate Judge Arlene R. Lindsay on 5/6/2021. (Jacobwitz, Beth)
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| Filing 28 Letter MOTION for Extension of Time to File Answer re #1 Complaint by Big Think Capital, Inc., Dan Israel. (Piekarski, Mendy) |
| Filing 27 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. (Cox, Dwayne) |
| Filing 26 Case transferred in from District of New York Southern; Case Number 1:20-cv-10623. Original file certified copy of transfer order and docket sheet received. |
| The case of Cunningham v. Big Think Capital, Inc. et al, has been transferred from U.S. District Court, Southern District of New York to the Eastern District of New York. The new case number is 21-cv-2443-GRB-ARL. 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. (Cox, Dwayne) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(tro) [Transferred from New York Southern on 5/3/2021.] |
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Filing 25
ORDER denying without prejudice to renewal #13 Motion for Entry of Default. Accordingly, this action is hereby ORDERED transferred to the United States District Court for the Eastern District of New York, pursuant to 28 U.S.C. 1404(a). It is further ORDERED that Plaintiff's motion for entry of default against Defendant Israel (Dkt. #13) is DENIED without prejudice to its renewal in the Eastern District of New York following transfer. The Clerk of Court is directed to mail a copy of this Order to Plaintiff's address of record. (Signed by Judge Katherine Polk Failla on 4/23/2021) (mro) [Transferred from New York Southern on 5/3/2021.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #25 Order on Motion for Entry of Default, to the Docket Assistant Clerk for case processing., Transmission to Office of the Clerk of Court. Transmitted re: #25 Order on Motion for Entry of Default to the Office of the Clerk of Court for processing..(mro) [Transferred from New York Southern on 5/3/2021.] |
| Mailed a copy of #25 Order on Motion for Entry of Default, to Craig Cunningham at 3000 Custer Road, Ste 270-206, Plano, TX 75075. (dsh) [Transferred from New York Southern on 5/3/2021.] |
| Filing 24 PLAINTIFF'S REPLY TO THE DEFENDANT'S MOTION, re: #5 Order to Show Cause #18 Response. Document filed by Craig Cunningham. (sc) [Transferred from New York Southern on 5/3/2021.] |
| Filing 23 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/18/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) [Transferred from New York Southern on 5/3/2021.] |
| Filing 22 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/18/2021 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/29/2021. Redacted Transcript Deadline set for 4/8/2021. Release of Transcript Restriction set for 6/7/2021..(McGuirk, Kelly) [Transferred from New York Southern on 5/3/2021.] |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Big Think Capital, Inc...(Salisbury-Copper, Jessica) [Transferred from New York Southern on 5/3/2021.] |
| Filing 20 NOTICE of Filing February 18, 2021 Hearing Transcript re: Pretrial Conference - Initial,. Document filed by Big Think Capital, Inc., Dan Israel. (Attachments: #1 Exhibit A - Hearing Transcript from February 18, 2021 Telephone Conference).(Salisbury-Copper, Jessica) [Transferred from New York Southern on 5/3/2021.] |
| Filing 19 LETTER MOTION for Conference (Pre-Motion) to File a Motion to Dismiss or Transfer addressed to Judge Katherine Polk Failla from Jessica E. Salisbury-Copper dated March 4, 2021. Document filed by Big Think Capital, Inc., Dan Israel. (Attachments: #1 Exhibit A - Declaration of David Brown, #2 Exhibit B - Declaration of Dan Israel).(Salisbury-Copper, Jessica) [Transferred from New York Southern on 5/3/2021.] |
| Filing 18 RESPONSE re: #12 Response to Order to Show Cause . Document filed by Big Think Capital, Inc., Dan Israel. (Attachments: #1 Exhibit A - Declaration of David Brown, #2 Exhibit B - Declaration of Dan Israel).(Salisbury-Copper, Jessica) [Transferred from New York Southern on 5/3/2021.] |
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Filing 17
ORDER FOR ADMISSION PRO HAC VICE granting #16 Motion for Jessica E Salisbury-Copper to Appear Pro Hac Vice. The motion of Jessica E. Salisbury-Copper for admission to practice ProHac Vice in the above-captioned action is hereby GRANTED. It is hereby ORDERED that Ms. Salisbury-Copper is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/3/21) (yv) [Transferred from New York Southern on 5/3/2021.]
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| Filing 16 MOTION for Jessica E Salisbury-Copper to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Big Think Capital, Inc., Dan Israel. (Attachments: #1 Affidavit Affidavit of Jessica E. Salisbury-Copper, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order).(Salisbury-Copper, Jessica) [Transferred from New York Southern on 5/3/2021.] |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jessica E Salisbury-Copper to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24148329. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Big Think Capital, Inc., Dan Israel. (Attachments: #1 Affidavit Affidavit of Jessica E. Salisbury-Copper, #2 Exhibit A - Certificate of Good Standing).(Salisbury-Copper, Jessica) Modified on 3/2/2021 (wb). [Transferred from New York Southern on 5/3/2021.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Jessica E Salisbury-Copper to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 5/3/2021.] |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #15 MOTION for Jessica E Salisbury-Copper to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24148329. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) [Transferred from New York Southern on 5/3/2021.] |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 2/18/2021. Plaintiff present. Attorney Mendy Menachem Piekarski representing Defendants present. Defendants' response regarding venue is due by 3/4/2021; Plaintiff's reply is due by 3/18/2021. Defendants are to order a copy of today's transcript. (See transcript.) (Court Reporter Steven Greenblum) (tn) [Transferred from New York Southern on 5/3/2021.] |
| Filing 14 RESPONSE in Opposition to Motion re: #13 MOTION for Entry of Default as to Big Think Capital, Inc.. . Document filed by Dan Israel..(Piekarski, Mendy) [Transferred from New York Southern on 5/3/2021.] |
| Filing 13 PLAINTIFF'S MOTION FOR THE CLERK'S ENTRY OF DEFAULT, re: for Entry of Default as to Big Think Capital, Inc. Document filed by Craig Cunningham.(sc) [Transferred from New York Southern on 5/3/2021.] |
| Filing 12 PLAINTIFF'S RENEWED RESPONSE TO COURT'S ORDER TO SHOW CAUSE, DOC. 5, re: #5 Order to Show Cause. Document filed by Craig Cunningham. (sc) [Transferred from New York Southern on 5/3/2021.] |
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Filing 11
ORDER: As discussed with the parties in email correspondence, the parties are hereby ORDERED to appear for a telephonic conference on February 18, 2021, at 3:00 p.m. To access the conference, the parties shall call (888) 363- 4749 and enter access code 5123533#. Please note, the conference line will not be available prior to 3:00 p.m. The Clerk of Court is directed to mail a copy of this Order to Plaintiff's address of record., (Telephone Conference set for 2/18/2021 at 03:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 2/9/2021) (nb) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 5/3/2021.]
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| Mailed a copy of #11 Order, Set Hearings, to Craig Cunningham at 3000 Custer Road, Ste 270-206, Plano, TX 75075. (dsh) [Transferred from New York Southern on 5/3/2021.] |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Big Think Capital, Inc. waiver sent on 2/3/2021, answer due 4/5/2021. Document filed by Big Think Capital, Inc...(Piekarski, Mendy) [Transferred from New York Southern on 5/3/2021.] |
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Filing 9
INFORMATION PACKAGE MAILED to Craig Cunningham 3000 Custer Road Street 270-206 Plano, TX 75075, on 02/03/2021. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (ta) [Transferred from New York Southern on 5/3/2021.]
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| Filing 8 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Katherine Polk Failla from Mendy Piekarski dated February 2, 2021. Document filed by Big Think Capital, Inc., Dan Israel..(Piekarski, Mendy) [Transferred from New York Southern on 5/3/2021.] |
| Filing 7 NOTICE OF APPEARANCE by Mendy Menachem Piekarski on behalf of Big Think Capital, Inc., Dan Israel..(Piekarski, Mendy) [Transferred from New York Southern on 5/3/2021.] |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. Dan Israel, served on 12/26/2020, answer due 1/19/2021. Service was accepted by Dan Israel. Document filed by Craig Cunningham. (sc) [Transferred from New York Southern on 5/3/2021.] |
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Filing 5
ORDER: Accordingly, Plaintiff is ORDERED to file a letter with the Court on or before January 29, 2021, explaining why he believes this case should remain before the United States District Court for the Southern District of New York. Absent good cause shown, after that date this Court will issue an order transferring this case to the Eastern District, so that it may be heard along with the pending suit in that District. The Clerk of Court is directed to mail a copy of this Order to Plaintiff's address of record. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/29/2020) (rro) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 5/3/2021.]
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| Mailed a copy of #5 Order to Show Cause, to Craig Cunningham at 3000 Custer Road, Ste 270-206, Plano, TX 75075. (dsh) [Transferred from New York Southern on 5/3/2021.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Dan Israel, re: #1 Complaint. Document filed by Craig Cunningham. (sc) [Transferred from New York Southern on 5/3/2021.] |
| Filing 2 CIVIL COVER SHEET filed..(rdz) [Transferred from New York Southern on 5/3/2021.] |
| Filing 1 COMPLAINT against Big Think Capital, Inc., Dan Israel, John/Jane Does 1-5. (Filing Fee $ 402.00, Receipt Number 465401270892)Document filed by Craig Cunningham. (Attachments: #1 RECEIPT).(rdz) [Transferred from New York Southern on 5/3/2021.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 5/3/2021.] |
| SUMMONS ISSUED as to Big Think Capital, Inc., Dan Israel..(rdz) [Transferred from New York Southern on 5/3/2021.] |
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