Ammann v. Sharestates, Inc. et al
| Steven Ammann |
| Allen Shayanfekr and Sharestates, Inc. |
| 2:2021cv02766 |
| May 17, 2021 |
| US District Court for the Eastern District of New York |
| Joanna Seybert |
| Steven Tiscione |
| A Kathleen Tomlinson |
| Labor: Other |
| 05 U.S.C. § 704 Labor Litigation |
| Plaintiff |
Docket Report
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STATUS REPORT ORDER re #84 Status Report filed by Steven Ammann. Counsel shall electronically file an updated status report with the Court by 7/7/2023.So Ordered by Magistrate Judge Steven Tiscione on 6/28/2023. (LV)
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| Filing 84 STATUS REPORT Filed Jointly by the Parties, per the Court's June 13, 2023 Order by Steven Ammann (Pohl, David) |
| Filing 83 Minute Entry for Telephone Conference held on 6/13/2023 before Magistrate Judge Steven Tiscione: Pohl for Plaintiff; Munoz for Defendants. Defendants will provide Plaintiff with a username and password so he can review the Quickbook entries by June 16, 2023. Plaintiff will provide Defendants with examples of changes to the Admin panel that do not appear on the spreadsheet generated by Defendants so that the parties may attempt to figure out why the log does not reflect all changes to the Admin panel. Parties shall file a joint status report by June 27, 2023. (Not Recorded.) (LV) |
| Filing 82 Minute Entry for Telephone Conference held on 5/31/2023 before Magistrate Judge Steven Tiscione: Pohl for Plaintiff; Munoz for Defendants. Parties continue to work through logistical issues regarding the discovery from the Court's May 5, 2023 Order. The Court will hold a further telephone conference on June 13, 2023 at 1:30 p.m. Counsel shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. (#Not Recorded.) (LV) |
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Due to an urgent matter, the Court is unable to preside over today's telephone conference. Accordingly, the conference will instead be held at 1:00 p.m. on May 31, 2023. Counsel shall use the same dial-in information previously provided. So Ordered by Magistrate Judge Steven Tiscione on 5/23/2023. (LV)
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ORDER granting #81 Motion for Discovery. The Stipulation and Order of Confidentiality is approved and hereby entered as an Order of the Court. So Ordered by Magistrate Judge Steven Tiscione on 5/10/2023. (LV)
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Filing 81
Joint MOTION for Discovery Request to So-Order Parties' Stipulation, as Directed by Judge Tiscione During May 5, 2023 Conference by Steven Ammann. (Pohl, David)
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| Filing 80 Minute Order for Motion Hearing held on 5/5/2023 before Magistrate Judge Steven Tiscione: Pohl for Plaintiff; Munoz for Defendants. Plaintiff's Seventh MOTION to Compel #78 is granted. Defendants shall produce all Quickbook records that were subject to the Court's prior order on an external hard drive and the parties will stipulate that Plaintiff can only view the data on a computer not connected to the Internet. Parties will submit the proposed stipulation by May 9, 2023 and Defendants will produce the Quickbook records by May 12, 2023. Defendants will also arrange a conference call between counsel and IT personnel familiar with the admin panel by May 12, 2023 so the parties can decide the most efficient way for Defendants to produce the log of changes made to the admin panel regarding loans to Plaintiff's clients. The Court will hold a further telephone conference on May 23, 2023 at 10:00 a.m. Counsel shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. (AT&T (12:15 - 12:41).) (LV) |
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MARCH 23, 2023 STATUS REPORT DEADLINE TERMINATED. So Ordered by Magistrate Judge Steven Tiscione on 5/3/2023. (LV)
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| Filing 79 MEMORANDUM in Opposition re #78 Seventh MOTION to Compel and for an Order sua sponte Directing Defendants to show cause as to why the Court should not hold them in contempt of Court for their violation of the Courts clear Order to produce all QuickBooks files from April 2016 throu filed by All Defendants. (Munoz, Michael) |
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ORDER deferring ruling on #78 Motion to Compel. A motion hearing hearing will be held at 12:00 p.m. on May 5, 2023 before the undersigned by phone. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. Defendants shall file a response by May 1st. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 4/26/2023. (LV)
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| Filing 78 Seventh MOTION to Compel and for an Order sua sponte Directing Defendants to show cause as to why the Court should not hold them in contempt of Court for their violation of the Courts clear Order to produce all QuickBooks files from April 2016 through the present by April 19, 2023 (ECF Doc. 76) or, in the alternative to issuing that Order, giving Plaintiff leave to file a Motion for Contempt by Steven Ammann. (Attachments: #1 4/11/23 Transcript of Oral Argument on Plaintiff's Sixth Motion to Compel) (Pohl, David) |
| Filing 77 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 11, 2023, before Judge Steven Tiscione. Transcriber Transcriptions Plus II, Inc., Telephone number 516-358-7352. Email address: rl.transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2023. Redacted Transcript Deadline set for 5/22/2023. Release of Transcript Restriction set for 7/20/2023. (KS) |
| Filing 76 Minute Order for Motion Hearing held on 4/11/2023 before Magistrate Judge Steven Tiscione: Pohl for Plaintiff; Munoz for Defendants. Plaintiff's Sixth Motion to Compel #72 is granted. By April 19, 2023, Defendants' shall: (1) search for and produce all seven categories of documents listed in Plaintiff's March 22, 2023 Letter Motion pages 5-6; (2) produce all QuickBooks files from April 2016 through the present; (3) produce all materials required by the Court's February 28, 2023 Order; and (4) produce updated monthly spreadsheets as required by the Court's February 28, 2023 Order by the tenth of each month. (FTR Log #AT&T (11:36 - 12:11).) (LV) |
| Filing 75 MEMORANDUM in Opposition re #72 Sixth MOTION to Compel filed by All Defendants. (Munoz, Michael) |
| Filing 74 MEMORANDUM in Opposition re #71 Memorandum in Support,,,,, filed by All Defendants. (Munoz, Michael) |
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ORDER deferring ruling on #72 Motion to Compel; granting #73 Motion for Extension of Time to File. The date by which Defendants shall File Opposition/Response to Plaintiff's Supplement to its Motion for Monetary Sanctions and the Motion to compel #72 is set for April 5, 2023. A motion hearing will be held at 11:30 a.m. on April 11, 2023 before the undersigned by phone. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 4/3/2023. (LV)
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Set /Hearing as to #72 Sixth MOTION to Compel : Motion Hearing set for 4/11/2023 at 11:30 a.m. by phone before Magistrate Judge Steven Tiscione. So Ordered by Magistrate Judge Steven Tiscione on 4/3/2023. (LV)
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| Filing 73 Letter MOTION for Extension of Time to File Opposition to Plaintiff's Supplement to its Motion for Monetary Sanctions [ECF No. 71] by Sharestates, Inc., Allen Shayanfekr. (Munoz, Michael) |
| Filing 72 Sixth MOTION to Compel by Steven Ammann. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Pohl, David) |
| Filing 71 MEMORANDUM in Support re #42 Notice of MOTION for Sanctions Under Rule 37(a)(5)(A), with leave of Court, Filed in Supplement as per the Court's February 28, 2023 Order filed by Steven Ammann. (Attachments: #1 Affidavit in Support, #2 Exhibit Exhibit A - Excerpts from Amy Liu Deposition Transcript, #3 Exhibit Exhibit B - Excerpts from 8.2.22 Argument on Plaintiff's Third Motion to Compel, #4 Exhibit Exhibit C - Excerpts from 10.7.22 Discovery Conference, #5 Exhibit Exhibit D - Excerpts from Jackie Salter Deposition Transcript, #6 Exhibit Exhibit E - Excerpts from Hari Maddali Deposition Transcript, #7 Exhibit Exhibit F - Excerpts from Shayanfekr day 2 Deposition Transcript, #8 Exhibit Exhibit G - Plaintiff's Fourth Motion to Compel, #9 Exhibit Exhibit H - Plaintiff's Fifth Motion to Compel, #10 Exhibit Exhibit I - October 2, 2022 Invoice, #11 Exhibit Exhibit J - November 1, 2022 Invoice, #12 Exhibit Exhibit K - December 3, 2022 Invoice, #13 Exhibit Exhibit L - January 4, 2023 Invoice, #14 Exhibit Exhibit M - February 1, 2023 Invoice, #15 Exhibit Exhibit N - March 1, 2023 Invoice, #16 Exhibit Exhibit O - March 15, 2023 Invoice, #17 Exhibit Exhibit P - Supplemental Ammann Fee Calculation) (Pohl, David) |
| Filing 70 STATUS REPORT jointly submitted, per the Court's March 6 Order by Steven Ammann (Pohl, David) |
| Filing 69 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 28, 2023, before Magistrate Judge Steven Tiscione. Transcriber AA Express Transcripts, Telephone number 888-456-9716. Email address: contact@aaexpresstranscripts.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/5/2023. Redacted Transcript Deadline set for 4/17/2023. Release of Transcript Restriction set for 6/13/2023. (KS) |
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STATUS REPORT ORDER re #70 Status Report filed by Steven Ammann: Counsel shall electronically file a joint status report by March 22, 2023. Counsel for Plaintiff, if necessary, shall electronically file a motion for discovery by March 22, 2023. So Ordered by Magistrate Judge Steven Tiscione on 3/15/2023. (LV)
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STATUS REPORT ORDER re #68 Status Report filed by Steven Ammann. Counsel shall electronically file an updated status report by 3/15/2023. So Ordered by Magistrate Judge Steven Tiscione on 3/6/2023. (LV)
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| Filing 68 STATUS REPORT submitted jointly by the parties by Steven Ammann (Pohl, David) |
| Filing 67 Minute Order for Motion Hearing held on 2/28/2023 before Magistrate Judge Steven Tiscione: Pohl for Plaintiff; Munoz for Defendants. Plaintiff's Fifth MOTION to Compel #63 is granted. Defendants shall produce regular updates every 30 days to the spreadsheets with information about all types of fees earned by Sharestates on loans sold to Plaintiff's investors and/or the warehouse line he produced. The updates shall be in the same Excel format as previously produced. Defendants will produce a list of which reports they relied on in calculating the overpayment in their counterclaim. Defendant will also produce all employment agreements for Kevin Shane, Jenine Fitter and Michael Kim. Plaintiff may file a supplement to the pending Rule 37 Motion for Sanctions no later than March 15, 2023. Defendants may file a response to the supplemental filing by March 31, 2023. Parties shall conduct the deposition of Jackie Salter on March 3, 2023 at 1:00 p.m. (AT&T 11:02 - 11:18) (LV) |
| Filing 66 RESPONSE to Motion re #63 Fifth MOTION to Compel filed by All Defendants. (Munoz, Michael) |
| Filing 65 STATUS REPORT filed jointly per the Court's February 17 Order by Steven Ammann (Pohl, David) |
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ORDER deferring ruling on #63 Motion to Compel; granting #64 Motion for Extension of Time to File Response/Reply re #63 Fifth MOTION to Compel , #64 . Defendants shall file a reply to the motion by 2/27/2023. A motion hearing will be held at 11:00 a.m. on February 28, 2023 by phone before the undersigned. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 2/22/2023. (LV)
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ORDER deferring ruling on #63 Motion to Compel; Set Deadlines/Hearing as to #63 Fifth MOTION to Compel ( Responses due by 2/27/2023, Motion Hearing set for 2/28/2023 at 11:00 AM before Magistrate Judge Steven Tiscione.) So Ordered by Magistrate Judge Steven Tiscione on 2/22/2023. (LV)
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| Filing 64 Letter MOTION for Extension of Time to File Response/Reply as to #63 Fifth MOTION to Compel (by letter) by Sharestates, Inc.. (Munoz, Michael) |
| Filing 63 Fifth MOTION to Compel by Steven Ammann. (Pohl, David) |
| Filing 62 STATUS REPORT per Judge Tiscione's 2/10/23 Order by Steven Ammann (Pohl, David) |
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STATUS REPORT ORDER: Counsel shall electronically file an updated status report with the court by 2/24/2023. So Ordered by Magistrate Judge Steven Tiscione on 2/17/2023. (LV)
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| Filing 61 STATUS REPORT as directed by the Court's January 30th ECF Order by Steven Ammann (Pohl, David) |
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STATUS REPORT ORDER re #61 Status Report filed by Steven Ammann: The deposition of Kevin Shane shall be held by February 21, 2023. This date is Court Ordered and may only be amended by application to the Court to be So Ordered. Counsel shall electronically file an updated status report by February 17th regarding the deposition date of Jackie Salter. So Ordered by Magistrate Judge Steven Tiscione on 2/10/2023. (LV)
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ORDER granting #59 Motion for Extension of Time to Complete Discovery. The depositions of Amy Liu, Hari Maddali, and Prasad C.G. (last name unknown) shall be held by February 28, 2023 and the deposition of Allen Shayanfekr shall be held by March 1, 2023. These dates are Court Ordered and may only be amended by application to the Court to be So Ordered. The deadline for completion of discovery is extended to March 1, 2023 and the deadline to begin dispositive motion practice is extended to April 1, 2023. Counsel shall electronically file a status report by February 10, 2023 setting forth the names and depositions dates of the remaining deponents. So Ordered by Magistrate Judge Steven Tiscione on 1/30/2023. (LV)
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| Filing 60 RESPONSE to Motion re #59 MOTION for Extension of Time to Complete Discovery Submitted Jointly by the Parties in Supplement to the Parties' Joint Application on January 24 filed by Steven Ammann. (Pohl, David) |
| Filing 59 MOTION for Extension of Time to Complete Discovery Submitted Jointly by the Parties by Steven Ammann. (Pohl, David) |
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ORDER deferring ruling on #59 Motion for Extension of Time to Complete Discovery. Counsel shall supplement this application by January 27th with a list of individuals to be deposed along with confirmed dates of the depositions. If the supplement is not filed with the Court by this date, the application will be denied and discovery will be deemed complete. So Ordered by Magistrate Judge Steven Tiscione on 1/24/2023. (LV)
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| Filing 58 Letter responding to Plaintiff's 1/10/23 letter by Sharestates, Inc. (Munoz, Michael) |
| Filing 57 Letter to Judge Tiscione re discovery by Steven Ammann (Pohl, David) |
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STATUS REPORT ORDER. In light of the rulings issued on 12/2/22, the telephone conference scheduled before the undersigned for December 19th is canceled. Counsel shall electronically file a status report with the Court by 2/15/2023 confirming that all discovery has been completed. So Ordered by Magistrate Judge Steven Tiscione on 12/13/2022. (LV)
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| Filing 56 Minute Order for Motion Hearing held on 12/2/2022 before Magistrate Judge Steven Tiscione: Pohl for Plaintiff; Munoz for Defendants. Plaintiff's Fourth Motion to Compel and for a final Discovery Schedule #53 is granted. Defendants shall produce the requested documents as discussed by December 30, 2022. The deadline for completion of discovery is extended to February 10, 2023; and the deadline for beginning dispositive motion practice is extended to March 10, 2023. (FTR Log #AT&T (2:03 - 2:40).) (LV) |
| Filing 55 RESPONSE to Motion re #53 Fourth MOTION to Compel and for a final Discovery Schedule and Response to Supplemental Letter filed by Sharestates, Inc., Allen Shayanfekr. (Munoz, Michael) |
| Filing 54 Letter supplementing / correcting 11/21/22 letter motion by Steven Ammann (Pohl, David) |
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ORDER deferring ruling on #53 Motion to Compel. Defendant shall file a response by November 30th and a motion hearing will be held at 2:00 p.m. on December 2, 2022 before the undersigned by phone. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511with access code 3152145. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 11/22/2022. (LV)
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| Filing 53 Fourth MOTION to Compel and for a final Discovery Schedule by Steven Ammann. (Pohl, David) |
| Filing 52 ANSWER to #47 Amended Complaint with, Amended COUNTERCLAIM against Steven Ammann by Allen Shayanfekr, Sharestates, Inc.. (Munoz, Michael) |
| Filing 51 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 7, 2022, before Magistrate Judge Steven Tiscione. Transcriber Writer's Cramp, Inc., Telephone number 609-588-8043. Email address: wtrscramp@verizon.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/4/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/12/2023. (KS) |
| Filing 50 Minute Entry for Telephone Conference held on 10/7/2022 before Magistrate Judge Steven Tiscione: Pohl for Plaintiff; Munoz for Defendants. By October 21, 2022 Defendants will produce term sheets, Capital Market commission reports and broker names, as discussed at the conference. Plaintiff will depose Defendants' accountant(s) by December 8, 2022. The Court will hold a telephone conference on December 19, 2022 at 1:00 p.m. All parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #AT&T 10:07 - 11:17.) (LV) |
| Filing 49 AFFIDAVIT/DECLARATION in Opposition re #42 Notice of MOTION for Sanctions Under Rule 37(a)(5)(A), with leave of Court, filed by Sharestates, Inc., Allen Shayanfekr. (Munoz, Michael) |
| Filing 48 MEMORANDUM in Opposition re #42 Notice of MOTION for Sanctions Under Rule 37(a)(5)(A), with leave of Court, filed by Sharestates, Inc., Allen Shayanfekr. (Munoz, Michael) |
| Filing 47 AMENDED COMPLAINT , filed with Defendants' consent, against Sharestates, Inc., Allen Shayanfekr, filed by Steven Ammann. (Pohl, David) |
| Filing 46 Letter Joint Letter Submitted by Plaintiff and Defendants, per September 9, 2022 by Steven Ammann (Pohl, David) |
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ORDER granting #45 Motion for Extension of Time to File. Defendant's response will now be due by October 6th and the telephone conference scheduled for October 3rd will instead be held at 10:00 a.m. on October 7, 2022. Counsel shall use the same dial-in information previously provided. So Ordered by Magistrate Judge Steven Tiscione on 9/28/2022. (Vasquez, Lea)
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| Filing 45 Letter MOTION for Extension of Time to File Opposition to Rule 37(a)(5)(A) motion by Sharestates, Inc., Allen Shayanfekr. (Munoz, Michael) |
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Filing 44
ORDER granting #43 Motion for Discovery. By letter to the Court dated September 8, 2022, counsel requested the scheduling of a discovery conference to resolve outstanding discovery issues and discuss a schedule for remaining discovery. Accordingly, a conference will be held by phone at 12:00 p.m. on October 3, 2022 before the undersigned. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. Parties shall submit a letter setting forth any outstanding discovery issues to be discussed at the conference along with an agreed upon proposed schedule for remaining discovery, by September 28, 2022. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 9/9/2022. (Vasquez, Lea)
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| Filing 43 Joint MOTION for Discovery Conference by Steven Ammann. (Pohl, David) |
| Filing 42 Notice of MOTION for Sanctions Under Rule 37(a)(5)(A), with leave of Court, by Steven Ammann. (Attachments: #1 Memorandum in Support, #2 Declaration Declaration of M. Todd Parker, #3 Declaration Declaration of David M. Pohl, #4 Exhibit Exhibit 1 to Pohl Decl. - Plaintiff's First Set of Document Requests, #5 Exhibit Exhibit 2 to Pohl Decl. - ESI Order, #6 Exhibit Exhibit 3 to Pohl Decl. - Plaintiff's 3.7.22 Motion to Compel, #7 Exhibit Exhibit 4 to Pohl Decl. - February 2, 2022 email from Plaintiff's Counsel to Defendants' counsel, #8 Exhibit Exhibit 5 to Pohl Decl. - February 9, 2022 email from Plaintiff's Counsel to Defendants' counsel, #9 Exhibit Exhibit 6 to Pohl Decl. - February 15, 21, and 24 emails from Plaintiff's Counsel to Defendants' counsel, #10 Exhibit Exhibit 7 to Pohl Decl. - February 25, March 2 and 3 emails from Plaintiff's Counsel to Defendants' counsel, #11 Exhibit Exhibit 8 to Pohl Decl. - Plaintiff's 1.25.22 Letter to Defendants, #12 Exhibit Exhibit 9 to Pohl Decl. - 3.18.22 Order on First Motion to Compel, #13 Exhibit Exhibit 10 to Pohl Decl. - Plaintiff's 5.18.22 Second Motion to Compel, #14 Exhibit Exhibit 11 to Pohl Decl. - Plaintiff's 4.22.22 Letter to Defendants, #15 Exhibit Exhibit 12 to Pohl Decl. - Plaintiff's 5.2.22 Email to Defendants, #16 Exhibit Exhibit 13 to Pohl Decl. - Plaintiff's May 13, 2022 Email to Defendants, #17 Exhibit Exhibit 14 to Pohl Decl. - Defendants' May 6, 2022 Email to Plaintiff, #18 Exhibit Exhibit 15 to Pohl Decl. - Transcript of 6.1.22 Hearing on Second Motion to Compel, #19 Exhibit Exhibit 16 to Pohl Decl. - 6.1.22 Order on Plaintiff's Second Motion to Compel, #20 Exhibit Exhibit 17 to Pohl Decl. - Plaintiff's June 13, 2022 Email to Defendants, #21 Exhibit Exhibit 18 to Pohl Decl. - Plaintiff's 7.21.22 Third Motion to Compel, #22 Exhibit Exhibit 19 to Pohl Decl. - June 19-23, 2022 Email Chain, #23 Exhibit Exhibit 20 to Pohl Decl. - Plaintiff's 6.29.22 Letter to Defendants, #24 Exhibit Exhibit 21 to Pohl Decl. - Plaintiff's June 22, 2022 Email to Defendants, #25 Exhibit Exhibit 22 to Pohl Decl. - Defendants' July 11, 2022 email to Plaintiff, #26 Exhibit Exhibit 23 to Pohl Decl. - Shayanfekr's January 2019 Email Claiming Sharestates Does Not Collect Late Fees (P14664-14666), #27 Exhibit Exhibit 24 to Pohl Decl. - Late Fees (SH_00058670), #28 Exhibit Exhibit 25 to Pohl Decl. - 8.2.22 Hearing on Third Motion to Compel, #29 Exhibit Exhibit 26 to Pohl Decl. - 8.2.22 Order on Third Motion to Compel, #30 Exhibit Exhibit 27 to Pohl Decl. - Defendants' 5.25.22 Opposition to Plaintiff's Second Motion to Compel, #31 Exhibit Exhibit 28 to Pohl Decl. - April 2016 Email Chain between Plaintiff and Defendant Shayanfekr, #32 Exhibit Exhibit 29 to Pohl Decl. - 8.11.22 Joint Letter to Judge Tiscione (Stamped as Filed), #33 Exhibit Exhibit 30 to Pohl Decl. - September 1, 2021 Invoice, #34 Exhibit Exhibit 31 to Pohl Decl. - October 1, 2021 Invoice, #35 Exhibit Exhibit 32 to Pohl Decl. - November 1, 2021 Invoice, #36 Exhibit Exhibit 33 to Pohl Decl. - December 1, 2021 Invoice, #37 Exhibit Exhibit 34 to Pohl Decl. - January 3, 2022 Invoice, #38 Exhibit Exhibit 35 to Pohl Decl. - February 2, 2022 Invoice, #39 Exhibit Exhibit 36 to Pohl Decl. - March 1, 2022 Invoice, #40 Exhibit Exhibit 37 to Pohl Decl. l- April 1, 2022 Invoice, #41 Exhibit Exhibit 38 to Pohl Decl. - May 4, 2022 Invoice, #42 Exhibit Exhibit 39 to Pohl Decl. - June 1, 2022 Invoice, #43 Exhibit Exhibit 40 to Pohl Decl. - July 1, 2022 Invoice, #44 Exhibit Exhibit 41 to Pohl Decl. - August 2, 2022 Invoice, #45 Exhibit Exhibit 42 to Pohl Decl. - August 31, 2022 Invoice, #46 Exhibit Exhibit 43 to Pohl Decl. - Fee Worksheet) (Pohl, David) |
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ORDER granting #41 Motion for Discovery. The time for Plaintiff to file a motion for fees and expenses is extended to August 31, 2022 and Defendants' time to file their response to the fee application is extended to September 30, 2022. So Ordered by Magistrate Judge Steven Tiscione on 8/17/2022. (Vasquez, Lea)
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| Filing 41 Joint MOTION for Discovery in accordance with Court's August 2 Order by Steven Ammann. (Pohl, David) |
| Filing 40 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 2, 2022, before Magistrate Judge Steven L. Tiscione. Transcriber AA Express Transcripts, Telephone number 888-456-9716. Email address: contact@aaexpresstranscripts.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/30/2022. Redacted Transcript Deadline set for 9/9/2022. Release of Transcript Restriction set for 11/7/2022. (Santana, Kristiny) |
| Filing 39 Minute Order for Motion Hearing held on 8/2/2022 before Magistrate Judge Steven Tiscione: Pohl for Plaintiff; Munoz for Defendants. Plaintiff's Third Motion to Compel #36 is granted in part. Defendants are ordered to produce all source data necessary to accurately calculate Plaintiff's commissions. Parties shall confer and decide the logistics of how the underlying source data can be produced in a usable format and will advise the Court in a joint letter by August 11, 2022. Plaintiff shall file a motion for fees and expenses pursuant to Rule 37(a)(5) by August 17, 2022; Defendants shall respond by September 2, 2022. (FTR Log #AT&T (11:07 - 12:06).) (Vasquez, Lea) |
| Filing 38 Letter Response to July 22, 2022 Court Order [Dkt36] by Sharestates, Inc., Allen Shayanfekr (Munoz, Michael) |
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The July 29th motion hearing is adjourned to August 2nd. So Ordered by Magistrate Judge Steven Tiscione on 7/22/2022. (Vasquez, Lea)
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ORDER granting #37 Motion to Adjourn Conference. The time for Defendants to respond to the motion is extended to August 1st and the motion hearing scheduled for July 29th will instead be held at 11:00 a.m. on August 2, 2022. Counsel shall use the same dial-in information previously provided. So Ordered by Magistrate Judge Steven Tiscione on 7/22/2022. (Vasquez, Lea)
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| Filing 37 Joint MOTION to Adjourn Conference on Plaintiff's Letter Motion Filed Earlier Today by Steven Ammann. (Pohl, David) |
| Filing 36 Third MOTION to Compel Defendants to Produce Court-Ordered Materials by Steven Ammann. (Pohl, David) |
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ORDER deferring ruling on #36 Motion to Compel. Counsel for Defendants shall file a response by July 28, 2022. A motion hearing will be held by phone at 11:00 a.m. on July 29, 2022 before the undersigned. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 7/21/2022. (Vasquez, Lea)
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| Filing 35 Joint MOTION for Discovery Submitting Proposed Confidentiality Order by Steven Ammann. (Pohl, David) |
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ORDER granting #35 Motion for Discovery. The proposed Stipulation of Confidentiality is approved and hereby entered as an Order of the Court. The time to complete fact discovery is extended to August 10, 2022. So Ordered by Magistrate Judge Steven Tiscione on 6/17/2022. (Vasquez, Lea)
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| Filing 34 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 06/01/2022, before Magistrate Judge Steven L. Tiscione. Court Transcriber ARIA SERVICES, INC., Telephone number 8452601377. Email address: Aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/24/2022. Redacted Transcript Deadline set for 7/4/2022. Release of Transcript Restriction set for 9/1/2022. (Santana, Kristiny) |
| Filing 33 Minute Order for Motion Hearing held on 6/1/2022 before Magistrate Judge Steven Tiscione: Pohl for Plaintiff; Munoz for Defendants. Plaintiff's Second MOTION to Compel #31 is granted in part. Plaintiff shall identify employees and/or independent contractors for which he requires additional information about specific job duties and Defendants shall produce a more detailed summary of their duties. Defendants shall produce an accurate accounting of loan sale information, as described in Plaintiff's May 18, 2022 letter, by June 17, 2022. Defendants shall produce the post-deposition discovery that was agreed to during the May 16, 2022 meet-and-confer and outlined in Plaintiff's May 18, 2022 letter once a confidentiality order is issued. (FTR Log #AT&T 10:02 - 10:39.) (Vasquez, Lea) |
| Filing 32 RESPONSE to Motion re #31 Second MOTION to Compel Production, including of Previously Court-Ordered Materials filed by Sharestates, Inc., Allen Shayanfekr. (Munoz, Michael) |
| Filing 31 Second MOTION to Compel Production, including of Previously Court-Ordered Materials by Steven Ammann. (Pohl, David) |
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ORDER deferring ruling on #31 Motion to Compel. Counsel for Defendants shall file a response by May 25th and the motion will be discussed during the telephone conference already scheduled for June 1st. So Ordered by Magistrate Judge Steven Tiscione on 5/18/2022. (Vasquez, Lea)
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| Filing 30 Joint MOTION for Discovery Request for Extension of Fact Discovery Deadline by Steven Ammann. (Pohl, David) |
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ORDER granting #30 Motion for Discovery. The time to complete fact discovery is extended to June 14, 2022. A telephone conference will be held at 10:00 a.m. on June 1, 2022 before the undersigned. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 4/26/2022. (Vasquez, Lea)
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| Filing 29 Minute Entry for Settlement Conference held on 4/8/2022 before Magistrate Judge Steven Tiscione: Pohl for Plaintiff; Munoz for Defendants. Settlement discussions were held but the parties were unable to reach a disposition at this time. Parties will advise the Court when a further settlement conference would be productive. (Vasquez, Lea) |
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ORDER granting #27 Motion to Appear Virtually. The settlement conference scheduled for April 8th by Zoom. Counsel for all parties along with their clients must participate. The Court will send the conference information details directly to all counsel. Counsel shall forward the information to their respective clients. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 4/5/2022. (Vasquez, Lea)
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| Filing 27 Joint MOTION to hold conference virtually via Zoom by Steven Ammann. (Pohl, David) Modified on 4/5/2022 (Vasquez, Lea). |
| Filing 26 Minute Order for Motion Hearing held on 3/16/2022 before Magistrate Judge Steven Tiscione: Pohl for Plaintiff; Munoz for Defendants. Plaintiff's Motion to Compel #24 is granted in part and denied in part. Defendants will provide updated spreadsheets with summaries of the job duties performed by the employees and independent contractors listed, and proper applicable termination dates. Defendants will also provide updated summaries of the loan information as discussed, including a comparison with Plaintiff's monthly commission reports. (FTR Log #1:30 -2:05.) (Vasquez, Lea) |
| Filing 25 RESPONSE to Motion re #24 MOTION to Compel Production of Documents and Court-Ordered Summaries filed by Sharestates, Inc., Allen Shayanfekr. (Munoz, Michael) |
| Filing 24 MOTION to Compel Production of Documents and Court-Ordered Summaries by Steven Ammann. (Pohl, David) |
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ORDER deferring ruling on #24 Motion to Compel. Defendants shall file a response by March 14th. A motion hearing will be held at 1:30 p.m. on March 16, 2022 before the undersigned by phone. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 3/7/2022. (Vasquez, Lea)
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| Set Hearing as to #24 MOTION to Compel Production of Documents and Court-Ordered Summaries : Motion Hearing set for 3/16/2022 at 01:30 PM before Magistrate Judge Steven Tiscione. (Vasquez, Lea) |
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ORDER granting #23 Motion for Discovery. The proposed discovery schedule is approved as follows: Document productions will be completed by January 31, 2022;Depositions will be completed by March 31, 2022; and All fact discovery will be completed by April 30, 2022. An in-person settlement conference will be held at 11:00 a.m. on April 8, 2022 before the undersigned in Courtroom 910 of the Central Islip Courthouse located at 100 Federal Plaza. Counsel for all parties must attend along with clients. Respective settlement position statements are to be filed via ex parte electronic filing no later than April 6th. A motion to file ex parte is not required. Counsel shall refer to the Settlement Section of this Court's Individual Rules to further prepare for the conference. So Ordered by Magistrate Judge Steven Tiscione on 1/24/2022. (Vasquez, Lea)
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| Filing 23 Joint MOTION for Discovery Schedule by Steven Ammann. (Pohl, David) |
| Filing 22 Minute Entry for Telephone Conference held on 1/7/2022 before Magistrate Judge Steven Tiscione: Pohl for Plaintiff; Munoz for Defendants. Discovery issues discussed and resolved. Parties will confer and submit a proposed schedule for all remaining discovery by January 14, 2022, including dates for a settlement conference. (FTR Log #AT&T 11:26 - 11:44.) (Vasquez, Lea) |
| Filing 21 STATUS REPORT Joint Discovery Status Report by Steven Ammann (Pohl, David) |
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The status conference previously scheduled for January 7, 2022 before Magistrate Judge Tomlinson will proceed as previously scheduled but instead be held before the undersigned at 11:30 a.m. by phone. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 11/10/2021. (Vasquez, Lea)
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| Case Reassigned randomly to Magistrate Judge Steven Tiscione. Magistrate Judge A. Kathleen Tomlinson no longer assigned to the case. 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. (Morabito, Bryan) |
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Filing 20
ORDER / ESI AGREEMENT granting #19 Motion for Discovery Submission of Parties' ESI Protocol. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/8/2021. (Ryan, Mary)
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| Filing 19 Joint MOTION for Discovery Submission of Parties' ESI Protocol for Approval by Judge Tomlinson by Steven Ammann. (Pohl, David) |
| Filing 18 Letter Joint Letter by Steven Ammann (Pohl, David) |
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ORDER re: #17 Letter. The Court acknowledges receipt of this letter and understands defense counsel must speak to an IT vendor. The parties are directed to file their ESI agreement by October 4, 2021. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/23/2021. (Wolf, Deanna)
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| Filing 17 Letter Updating the Court on the Status of ESI Agreement by Sharestates, Inc., Allen Shayanfekr (Munoz, Michael) |
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Filing 16
INITIAL CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/2/2021. (Wolf, Deanna)
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| Filing 15 Minute Order for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Initial Conference held on 8/19/21; granting #13 Motion for Discovery. The Discovery Status Conference will be held on January 7, 2022 at 11 a.m. in Courtroom 840. The Initial Case Management and Scheduling Order is being entered separately. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. (Wolf, Deanna) |
| Filing 14 Letter Joint Letter to Judge Tomlinson, as per August 19 Initial Conference by Steven Ammann (Pohl, David) |
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SCHEDULING ORDER. The Initial Conference today, August 19, 2021, will begin at 2:30 p.m. instead of 2 p.m. as originally scheduled. Counsel are requested to utilize the same Cisco Webex link in DE #12 to access the conference. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/19/2021. (Wolf, Deanna)
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| Filing 13 Joint MOTION for Discovery Joint Proposed Discovery Plan by Steven Ammann. (Pohl, David) |
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Filing 12
ORDER regarding Initial Conference on August 19, 2021 at 2 p.m. The conference will be conducted by video utilizing Cisco Webex. The link to access the conference is in the attached Order. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/5/2021. (Wolf, Deanna)
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Filing 11
SCHEDULING ORDER regarding #10 Joint Motion for Discovery. The Court is in receipt of the parties' letter which is premature at this juncture. An Initial Conference is scheduled for August 19, 2021 at 2 p.m. at which time the Court will implement a discovery schedule. The Initial Conference will be conducted by video and the Court is entering a separate Order with instructions for counsel to access the conference. Counsel are further directed to review the attached Order and submit the required joint proposed discovery plan and checklist no later than two business days prior to the conference. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/5/2021. (Wolf, Deanna)
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| Filing 10 Joint MOTION for Discovery Scheduling Order by Steven Ammann. (Pohl, David) |
| Filing 9 Reply to Counterclaim, ANSWER to #8 Answer to Complaint, Counterclaim by Defendant Sharestates, Inc. by Steven Ammann. (Pohl, David) |
| Filing 8 ANSWER to #1 Complaint , COUNTERCLAIM against Steven Ammann by Allen Shayanfekr, Sharestates, Inc.. (Munoz, Michael) |
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Filing 7
ORDER granting #6 Motion for Extension of Time to Answer. Motion GRANTED. Sharestates, Inc. answer due 6/30/2021; Allen Shayanfekr answer due 6/30/2021. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/27/2021. (Ryan, Mary)
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| Filing 6 Joint MOTION for Extension of Time to File Answer by Steven Ammann. (Pohl, David) |
| Filing 5 Summons Issued as to Sharestates, Inc., Allen Shayanfekr. (Rodin, Deanna) |
| 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. (Rodin, Deanna) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Case Assigned to Judge Joanna Seybert 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. (Rodin, Deanna) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. by Steven Ammann (Attachments: #1 Civil Cover Sheet) (Pohl, David) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a Civil Cover Sheet. This event can be found under the event Other Filings - Other Documents - Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-14478058 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Steven Ammann. (Pohl, David) |
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