iOptimize Realty Inc. v. Cox Enterprises, Inc. et al
| iOptimize Realty Inc. and Dysal, Inc. |
| Cox Enterprises, Inc., Cox Automotive, Inc., Manheim Investments, Inc. and Dealertrack Inc. |
| 2:2021cv04179 |
| July 26, 2021 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Nina Morrison |
| Nina R Morrison |
| Steven Tiscione |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 73 RESPONSE in Opposition re #66 Letter MOTION for pre motion conference re defendants' anticipated motion for summary judgment filed by iOptimize Realty Inc.. (Attachments: #1 Rule 56.1 Statement Counter Statement to Rule 56.1, #2 Declaration of Jeffrey Basso In Opposition to Defendants' Motion, #3 Exhibit Exhibit 1 Complaint, #4 Exhibit Exhibit 2 2009 Agreement, #5 Exhibit Exhibit 3 Amendment 1, #6 Exhibit Exhibit 4 Amendment 2, #7 Exhibit Exhibit 5 Amendment 3, #8 Exhibit Exhibit 6 M. Fex Depo Exhibit 10, #9 Exhibit Exhibit 7 Fex Exhibit 17, #10 Exhibit Exhibit 8 Michael Fex Linkedin, #11 Exhibit Exhibit 9 Bekerman email, #12 Exhibit Exhibit 10 Letter from Lofye CEI acquired DTI, #13 Exhibit Exhibit 11 Letter from Claxton CEI acquired DTI, #14 Exhibit Exhibit 12 2 Auto Remarketing Article, #15 Exhibit Exhibit 13 ($6.3 mill check), #16 Exhibit Exhibit 14 ($3.7 mill check), #17 Exhibit Exhibit 15 Reynolds Ex. 8 ($5.5 mill check), #18 Exhibit Exhibit 16 Webb Ex. 2 (Webb emails with Tritec), #19 Exhibit Exhibit 17 Webb Ex. 3 (Letter of Credit), #20 Exhibit Exhibit 18 - Claxton Ex. 10 (Emails with Dumas), #21 Exhibit Exhibit 19 Claxton Ex. 15 (Emails about East Greenbush), #22 Exhibit Exhibit 20 P-006401 (Cox al as transferee)pprova, #23 Exhibit Exhibit 21 Claxton Ex. 16 (More emails about E. Greenbush), #24 Exhibit Exhibit 22 Claxton Ex. 17 (Claxton sends termination), #25 Exhibit Exhibit 23 Claxton Ex. 24 (Cox getting signatures for Landlord reps in UT), #26 Exhibit Exhibit 24 Claxton Ex. 25 (Cox negotiating with Landlord rep), #27 Exhibit Exhibit 25 -Claxton Ex. 27 (Cox directing terms to landlord rep), #28 Exhibit Exhibit 26 Claxton Ex. 28 (Cox discussing transaction with Landlord rep), #29 Exhibit Exhibit 27 Claxton Ex. 32 (Cox discussing leasing for DTI), #30 Exhibit Exhibit 28 Lofye Ex. 30 (merge offices in Canada), #31 Exhibit Exhibit 29 Rubadou Ex. 8 (Memphis and Sacramento its that time), #32 Exhibit Exhibit 30 Rubadou Ex. 12 (Cox-Dealertrack Amendment), #33 Exhibit Exhibit 31 Rubadou Ex. 14 (Combining offices in Texas), #34 Exhibit Exhibit 32 Rubadou Ex. 15 (Providing DTI lease docs to CBRE no conflict), #35 Exhibit Exhibit 33 Excerpts from 6-12-15 Agreement and Plan of Merger, #36 Exhibit Exhibit 34 $1.85 Billion Bridge Loan Docs with CEI, #37 Exhibit Exhibit 35 (Lofye signing LOI), #38 Exhibit Exhibit 43 (email about iOpt agreement from Rubadou), #39 Exhibit Exhibit 44 (email about iOpt fee calculations), #40 Exhibit Exhibit 45 (Lofye Affidavit from 2016 Litigation), #41 Exhibit Exhibit 46 (River Park Cox - Dealertrack Extension), #42 Exhibit Exhibit 47 (Alternatives if we dont want to pay Dons commission email), #43 Exhibit Exhibit 48 (Email w. Fex and Lofye discussing iOpt release), #44 Exhibit Exhibit 49 (Tail period email), #45 Exhibit Exhibit 50 (All Commissions not paid email referring to iOpt), #46 Exhibit Exhibit 51 (Kigleman sending lease docs to Claxton for signature), #47 Exhibit Exhibit 52 (Claxton proposing lease terms to DTI), #48 Exhibit Exhibit 53 (Landlord brokers working with CEI only on Canada deal), #49 Exhibit Exhibit 54 Affidavit of Donald Catalano 10.21.20, #50 Exhibit Exhibit 55 Excerpts from Catalano Deposition - p.73, 211-214, 220-221) (Basso, Jeffrey) |
| Filing 72 Minute Order for Motion Hearing held on 11/20/2023 before Magistrate Judge Steven Tiscione: Basso for Plaintiff; Hambelton, Lechtman for Defendants. For the reasons discussed on the record, Plaintiff's Motion to Compel #67 is denied. Discovery is closed and the parties have already begun the process for making dispositive motions. (#AT&T (3:30 - 4:00).) (LV) |
| Filing 71 EXHIBIT S Filed Under Seal, Pursuant to Text Order dated 11/17/23, by Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc.. Related document: #66 Letter MOTION for pre motion conference re defendants' anticipated motion for summary judgment filed by Manheim Investments, Inc., Cox Enterprises, Inc., Cox Automotive, Inc., Dealertrack Inc.. (Attachments: #1 Exhibit BC, #2 Exhibit R - Transcript) (Hambelton, Andrew) |
ORDER: The Court hereby grants #68 Motion to Seal Documents. Ordered by Judge Nina R. Morrison on 11/17/2023. (RS)
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ORDER: Due to an urgent matter, the Court will be unable to preside over the motion hearing scheduled for November 17th. Accordingly, the hearing will instead be held at 3:30 p.m. on November 20, 2023 by phone. Counsel shall use the same dial-in information previously scheduled. So Ordered by Magistrate Judge Steven Tiscione on 11/16/2023. (LV)
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ORDER granting #70 Motion for Extension of Time to File Response/Reply. Plaintiff's response is due on November 21, 2023. Ordered by Judge Nina R. Morrison on 11/16/2023. (RS)
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| Filing 70 MOTION for Extension of Time to File Response/Reply as to #66 Letter MOTION for pre motion conference re defendants' anticipated motion for summary judgment by iOptimize Realty Inc.. (Basso, Jeffrey) |
| Filing 69 RESPONSE in Opposition re #67 MOTION to Compel filed by All Defendants. (Hambelton, Andrew) |
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ORDER deferring ruling on #67 Motion to Compel. A motion hearing will be held at 12:00 p.m. on November 17, 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 11/13/2023. (LV)
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| Filing 68 Letter MOTION to Seal Document #66 Letter MOTION for pre motion conference re defendants' anticipated motion for summary judgment (to seal certain exhibits attached to our motion for a pre-motion conference; subject exhibits attached) by Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc.. (Attachments: #1 Exhibit AB - Claxton Deposition Transcript, #2 Exhibit BC - DEF00002561, #3 Exhibit R - Lofye Deposition Transcript) (Hambelton, Andrew) |
| Filing 67 MOTION to Compel by iOptimize Realty Inc.. (Attachments: #1 Exhibit Exhibit A-Cox Response Chart) (Basso, Jeffrey) |
| Filing 66 Letter MOTION for pre motion conference re defendants' anticipated motion for summary judgment by Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc.. (Attachments: #1 Rule 56.1 Statement, #2 Declaration of Andrew T. Hambelton, Esq. in support, #3 Exhibit A - P005980., #4 Exhibit B - Catalano Deposition Transcript, #5 Exhibit C - DT00039094., #6 Exhibit D - DT00131874, #7 Exhibit E - DT00026948, #8 Exhibit F - DT00143612, #9 Exhibit G - 2016 Complaint, #10 Exhibit H - Plaintiff's Response to Defendant's First Interrogatories - 2016 Litigation, #11 Exhibit I - Lofye Affidavit - 2016 Litigation, #12 Exhibit J - Catalano Ex. D-16, #13 Exhibit K - Vickers Reynolds Ex. 8, #14 Exhibit L - Catalano Ex. D-17, #15 Exhibit M - 2021-02-05 Decision and Order, #16 Exhibit N - 2019-10-25 Letter from J Basso, #17 Exhibit O - DT00140483., #18 Exhibit P - P001712, #19 Exhibit Q - Schedule 14D-9., #20 Exhibit R - Lofye Deposition Transcript, #21 Exhibit S - DT00133984, #22 Exhibit T - Vickers Reynolds Deposition Transcript, #23 Exhibit U - P001510, #24 Exhibit V - Plaintiff's Response to Defendants' First Request for Document Production, #25 Exhibit W - 2015 Form 10-K, #26 Exhibit X - 2014 Form 10-K, #27 Exhibit Y - Fex Declaration, #28 Exhibit Z - Webb Deposition Transcript, #29 Exhibit AA - Rubadou Deposition Transcript, #30 Exhibit AB - Claxton Deposition Transcript, #31 Exhibit AC - Fex Deposition Transcript., #32 Exhibit AD - Ely Deposition Transcript, #33 Exhibit AE - Lucy Declaration, #34 Exhibit AF - P006395, #35 Exhibit AG - P006397, #36 Exhibit AH - P006399, #37 Exhibit AI - P006368, #38 Exhibit AJ - P006370, #39 Exhibit AK - P006372, #40 Exhibit AL - P006373, #41 Exhibit AM - P006374, #42 Exhibit AN - P006379, #43 Exhibit AO - P006375, #44 Exhibit AP - P006377, #45 Exhibit AQ - P006380, #46 Exhibit AR - P006381, #47 Exhibit AS - P006382, #48 Exhibit AT - P006383, #49 Exhibit AU - P006385, #50 Exhibit AV - P006386, #51 Exhibit AW - P006387, #52 Exhibit AX - P006388, #53 Exhibit AY - P006390, #54 Exhibit AZ - P006392, #55 Exhibit BA - P006394, #56 Exhibit BB - ECF 1, #57 Exhibit BC - DEF00002561) (Hambelton, Andrew) |
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ORDER finding as moot #58 Motion to Compel; granting #65 Motion to Withdraw #58 Letter MOTION to Compel and granting #65 Motion for Extension of Time to begin dispositive motion practice. By letter dated October 11, 2023, Plaintiff filed a motion to compel Defendants to produce documents. By letter dated October 13, 2023, Defendants filed a response in opposition to the motion to compel. The Court promptly scheduled a hearing to discuss the dispute. After the scheduling Order was issued, Plaintiff filed a further letter motion seeking to withdraw the Motion to compel and an adjournment of the deadline to begin dispositive motion practice. In light of the parties resolution of the dispute, the motion to compel is deemed withdrawn, the motion hearing scheduled for October 19th, which counsel made no reference to, is adjourned without date, and, the time for the parties to begin dispositive motion practice is extended to November 6, 2023. Going forward, the Court strongly encourages counsel to exhaust all reasonable efforts to amicably resolve disputes before filing motions to compel. So Ordered by Magistrate Judge Steven Tiscione on 10/16/2023. (LV)
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| Filing 65 Joint MOTION to Withdraw Motion to Compel Without Prejudice(ECF Doc. No. 58), Letter MOTION for Extension of Time to File Commencement of Dispositive Motion Documents by iOptimize Realty Inc.. (Basso, Jeffrey) |
| Filing 64 RESPONSE in Opposition re #58 Letter MOTION to Compel Production and Adjourn Deadline to begin Dispositive Motion Practice filed by All Defendants. (Attachments: #1 Exhibit August 11 Letter, #2 Exhibit Email Chain) (Hambelton, Andrew) |
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ORDER deferring ruling on #58 Motion to Compel. A motion hearing will be held at 11:00 a.m. on October 19, 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 10/13/2023. (LV)
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| Filing 63 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 08/21/2023, before Mag. Judge Steven Tiscione. Transcriber Tracy Gribben Transcription, LLC, Telephone number 732-263-0044. Email address: tracy@tgribbentranscription.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 11/2/2023. Redacted Transcript Deadline set for 11/13/2023. Release of Transcript Restriction set for 1/10/2024. (CG) |
| Filing 62 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 07/28/2023, before Mag. Judge Steven Tiscione. Transcriber Tracy Gribben Transcription, LLC, Telephone number 732-263-0044. Email address: tracy@tgribbentranscription.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 11/2/2023. Redacted Transcript Deadline set for 11/13/2023. Release of Transcript Restriction set for 1/10/2024. (CG) |
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ORDER deferring ruling on #58 Motion to Compel. Counsel for Defendants shall electronically file a response to Plaintiff's motion by October 18, 2023. So Ordered by Magistrate Judge Steven Tiscione on 10/12/2023. (LV)
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| Filing 58 Letter MOTION to Compel Production and Adjourn Deadline to begin Dispositive Motion Practice by iOptimize Realty Inc.. (Attachments: #1 Exhibit A-List of Undisclosed Locations, #2 Exhibit E-Email chain between counsel) (Basso, Jeffrey) |
| Filing 57 Minute Order for Motion Hearing held on 8/21/2023 before Magistrate Judge Steven Tiscione: Basso for Plaintiff; Lechtman, Hambelton for Defendants. Plaintiff's MOTION to Compel #55 is denied. Defendants have already searched for and produced emails using corrected search terms for the 11 incorrect addresses. Defendantshave also agreed to produce emails and lease documents for approximately 20 newly identified locations by August 25, 2023. Parties will meet and confer regarding the list of 180 new locations allegedly identified by Plaintiff and attempt to resolve the issue of which additional locations, if any, should be produced. Plaintiff's request to add four additional custodians is denied as the emails either do not exist or would likely be duplicative of the emails already produced. The deadline for beginning dispositive motion practice is extended to October 16, 2023. (FTR Log #AT&T (11:34 - 12:10).) (LV) |
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ORDER deferring ruling on #55 Motion to Compel. A motion hearing will be held by phone at 11:30 a.m. on August 21, 2023 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 8/15/2023. (LV)
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| Filing 56 RESPONSE in Opposition re #55 MOTION to Compel filed by Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc.. (Hambelton, Andrew) |
| Filing 55 MOTION to Compel by iOptimize Realty Inc.. (Attachments: #1 Exhibit "A" Defendants' Letter dated August 2, 2023) (Basso, Jeffrey) |
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ORDER granting #54 Motion for Extension of Time to Complete Discovery. By August 11, 2023, Defendants shall confirm to Plaintiff if any of the 180 locations identified by Plaintiff are real estate transactions engaged in by any of the Defendants during the relevant time period. The time to begin dispositive motion practice is extended to September 15, 2023. So Ordered by Magistrate Judge Steven Tiscione on 8/3/2023. (LV)
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| Filing 54 Consent MOTION for Extension of Time to Complete Discovery related to Defendants time to confirm whether any of the 180 locations identified by Plaintiff in Exhibits E and F to Plaintiffs July 14, 2023 Motion (ECF No. 51) are real estate transactions engaged in by any of the Defendants during the relevant time period. by Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc.. (Hambelton, Andrew) |
| Filing 53 Minute Order for Motion Hearing held on 7/28/2023 before Magistrate Judge Steven Tiscione: Basso for Plaintiff; Lechtman for Defendants. Plaintiff's MOTION for Extension of Time to Complete Discovery #51 is denied at this time. By August 2, 2023, Defendants shall produce to Plaintiff: (1) a certification that they have produced documents for every location for which a real estate transaction took place within the relevant time period; and (2) the list of custodians searched and search terms used for their electronic discovery production. By August 7, 2023, Plaintiff will file a letter motion to compel if, and only if, it can identify a major deficiency in Defendant's electronic search methodology such as the omission of a crucial document custodian. Parties will meet and confer regarding Plaintiff's request for "post-deposition" document production and Plaintiff may seek discovery only if the documents or specific issues were identified for the first time during depositions and Plaintiff would have had no reason to know about or ask for such documents during the applicable discovery period. (AT&T (1:34 - 2:32).) (LV) |
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ORDER deferring ruling on #51 Motion for Extension of Time to Complete Discovery. A motion hearing will be held at 1:30 p.m. on July 28, 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 7/24/2023. (LV)
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| Filing 52 REPLY in Opposition re #51 MOTION for Extension of Time to Complete Discovery filed by Cox Enterprises, Inc.. (Hambelton, Andrew) |
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ORDER deferring ruling on #51 Motion for Extension of Time to Complete Discovery. Defendants shall file a response with the Court by July 21, 2023. So Ordered by Magistrate Judge Steven Tiscione on 7/17/2023. (LV)
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| Filing 51 MOTION for Extension of Time to Complete Discovery by iOptimize Realty Inc.. (Attachments: #1 Exhibit Email Exchange between Counsel, #2 Exhibit Plaintiff's Phase II Discovery Demands, #3 Exhibit Compliation of Locations with Zero Emails, #4 Exhibit Compilation of Locations 1-10 Emails, #5 Exhibit 80 Undisclosed Sites with Transactions, #6 Compilation of 80 Undisclosed Locations from CBRE) (Basso, Jeffrey) |
| Filing 50 Minute Order for Motion Hearing held on 7/6/2023 before Magistrate Judge Steven Tiscione: Basso for Plaintiff; Hambelton, Lechtman for Defendants. Plaintiff's MOTION for Extension of Time to Complete Discovery #48 is granted in part and denied in part. Plaintiff may take the depositions of the two non-party witnesses no later than July 31, 2023 and will be required to take the depositions remotely if an in-person deposition cannot be scheduled within that time frame. The request for an extension of time to complete any other discovery is denied, as Plaintiff has failed to show good cause for amending the Court's scheduling Order except for the two witnesses previously discussed. The deadline for beginning dispositive motion practice is extended to August 31, 2023. (#AT&T (12:10 - 12:34).) (LV) |
| Filing 49 RESPONSE in Opposition re #48 MOTION for Extension of Time to Complete Discovery filed by Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc.. (Hambelton, Andrew) |
| Filing 48 MOTION for Extension of Time to Complete Discovery by iOptimize Realty Inc.. (Basso, Jeffrey) |
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ORDER deferring ruling on #48 MOTION for Extension of Time to Complete Discovery . A motion hearing will be held at 12:00 PM on July 6, 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 6/30/2023. (RB)
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| Filing 47 Minute Order for Motion Hearing held on 6/9/2023 before Magistrate Judge Steven Tiscione: Basso for Plaintiff; Hambelton, Lechtman for Defendants. Letter Motion to Quash Subpoenas #45 is denied at this time. Plaintiff shall, however, consult with the non-party witnesses and defense counsel and submit to the Court a schedule of mutually-agreeable dates for both non-party depositions to be so- ordered. Once so-ordered, the deposition dates cannot be changed without Court approval. Plaintiff shall make every effort to ensure that the depositions take place within the current discovery deadline or, at most, will only require a brief adjournment of the discovery deadline. (#AT&T (12:30 - 1:00).) (LV) |
| Filing 46 REPLY in Opposition re #45 Letter MOTION to Quash Subpoenas filed by iOptimize Realty Inc.. (Attachments: #1 Exhibit Email Exchange, #2 Exhibit Email Exchange, #3 Exhibit Plaintiff's Letter Motion) (Basso, Jeffrey) |
| Filing 45 Letter MOTION to Quash Subpoenas by Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc.. (Attachments: #1 Exhibit Notices of Subpoena) (Hambelton, Andrew) |
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ORDER deferring ruling on #45 Motion to Quash. Counsel for Plaintiff shall file a response by June 8, 2023 and a motion hearing will be held at 12:30 p.m. on June 9, 2023 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 6/1/2023. (LV)
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ORDER granting #44 Motion for Discovery. Defendant witness Jemal Webb shall be deposed on June 30, 2023 and Defendant witness J. P. Rubadou shall be deposed on June 6, 2023. These dates are COURT ORDERED and my only be changed by joint application to the Court. So Ordered by Magistrate Judge Steven Tiscione on 5/19/2023. (LV)
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| Filing 44 Letter MOTION for Discovery for Remaining Defendant Depositions by iOptimize Realty Inc.. (Basso, Jeffrey) |
| Filing 43 Minute Order for Motion Hearing held on 5/17/2023 before Magistrate Judge Steven Tiscione: Basso for Plaintiff; Hambelton, Lechtman for Defendants. The Letter MOTION for Discovery to Approve Deposition Schedule #42 is granted. The Court so-orders the following deposition schedule: Mary Vickers - June 2, 2023; Anne Lofye - June 14, 2023; Leslie Claxton - June 15, 2023; and Michael Fex - June 28, 2023. For witnesses Jemal Webb and J.P. Rubadou, Defense Counsel will check with the witnesses to see if June 29 and June 30 are still available dates.If the witnesses are available, the depositions shall take place on those dates. If the witnesses are no longer available on those dates, the depositions will take place on June 6 and June 8, which are dates that the witnesses and all counsel have already identified as available dates. granting #42 Motion for Discovery; re #42 Letter MOTION for Discovery to Approve Deposition Schedule and Assist with Dispute Regarding two remaining Depositions filed by iOptimize Realty Inc. (#AT&T (10:31 - 10:41).) (LV) |
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ORDER deferring ruling on #42 Motion for Discovery. A motion hearing will be held at 10:30 a.m. on May 17, 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 5/15/2023. (LV)
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| Filing 42 Letter MOTION for Discovery to Approve Deposition Schedule and Assist with Dispute Regarding two remaining Depositions by iOptimize Realty Inc.. (Attachments: #1 Exhibit Email chain between counsel) (Basso, Jeffrey) |
| Filing 41 Minute Order for Motion Hearing held on 5/3/2023 before Magistrate Judge Steven Tiscione: Basso for Plaintiff; Hambelton, Lechtman for Defendants. Plaintiff's MOTION for Extension of Time to Complete Discovery #39 is granted. The deadline for completion of discovery is extended to June 30, 2023 and the deadline for beginning dispositive motion practice is extended to July 28, 2023. By May 12, 2023 the parties shall file a joint letter with agreed-upon dates for all remaining depositions to be so-ordered by the Court. (AT&T (12:37 - 12:44).) (LV) |
| Filing 40 RESPONSE to Motion re #39 MOTION for Extension of Time to Complete Discovery filed by Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc.. (Attachments: #1 Exhibit March 16, 2023 email exchange between counsel, #2 Exhibit Draft letter request to Court regarding third discovery extension, #3 Exhibit April 13, 2023 email exchange between counsel) (Hambelton, Andrew) |
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ORDER deferring ruling on #39 Motion for Extension of Time to Complete Discovery. A motion hearing will be held at 12:30 p.m. on May 3, 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. Counsel for Defendants shall file a response to the motion by May 2nd. 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 39 MOTION for Extension of Time to Complete Discovery by iOptimize Realty Inc.. (Basso, Jeffrey) |
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ORDER granting #38 Motion for Extension of Time to Complete Discovery. The discovery schedule is revised as follows: All fact discovery to be completed by 5/31/23; Final date to take first step in dispositive motion practice - 6/27/23. So Ordered by Magistrate Judge Steven Tiscione on 3/20/2023. (LV)
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| Filing 38 Letter MOTION for Extension of Time to Complete Discovery on Consent of All Parties by iOptimize Realty Inc.. (Basso, Jeffrey) |
| Filing 37 NOTICE of Appearance by Evan H. Lechtman on behalf of All Defendants (notification declined or already on case) (Lechtman, Evan) |
| Filing 36 NOTICE of Appearance by Jonathan Blevins on behalf of Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc. (aty to be noticed) (Blevins, Jonathan) |
| Filing 35 MOTION to Appear Pro Hac Vice of Evan Lechtman, Esq. on behalf of defendants. Filing fee $ 150, receipt number ANYEDC-16476107. by Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc.. (Attachments: #1 Affidavit in Support of Evan Lechtman, Esq., #2 Certificates of Good Standing, #3 Proposed Order) (Lechtman, Evan) |
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ORDER granting #35 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #35 submitted by Evan Lechtman for Defendants and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 3/7/2023. (LV)
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| Filing 34 NOTICE of Appearance by Andrew T Hambelton on behalf of Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc. (aty to be noticed) (Hambelton, Andrew) |
| Filing 33 Minute Order for Motion Hearing held on 11/21/2022 before Magistrate Judge Steven Tiscione: Basso, McCormick for Plaintiff; Conger, Singleton, Whitmer for Defendants. The Letter MOTION for Extension of Time to Complete Discovery #30 is granted. The discovery schedule is revised as follows: All fact discovery to be completed by 3/31/23; Final date to take first step in dispositive motion practice - 4/28/23. (FTR Log #Not Recorded.) (LV) |
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Filing 32
ORDER denying #31 Motion to Adjourn Conference. A discovery schedule was set by this Court in November 2021. The schedule was extended by this Court in March 2022. Among other deadlines, the deadline to complete fact discovery was extended to September 15, 2022 and the exchange of expert reports was extended to October 14, 2022. On November 15, 2022 counsel submitted a joint application seeking a 4-month extension of all remaining deadlines including the deadlines to complete fact discovery and exchange expert reports which had well expired by 2 and 1 months, respectively, at the time of the application. The Court set a conference to discuss this motion for November 21st which counsel are now seeking to adjourn due to vacation and upcoming trial schedules. The motion is denied. The conference will proceed as scheduled. So Ordered by Magistrate Judge Steven Tiscione on 11/17/2022. (LV)
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| Filing 31 Letter MOTION to Adjourn Conference Telephonic Hearing Scheduled for November 21, 2022 by iOptimize Realty Inc.. (Basso, Jeffrey) |
| Filing 30 Letter MOTION for Extension of Time to Complete Discovery to Extend All Discovery and Dispositive Motion Deadlines, on Consent of All Parties, by iOptimize Realty Inc.. (Basso, Jeffrey) |
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ORDER deferring ruling on #30 Motion for Extension of Time to Complete Discovery. A motion hearing will be held at 3:30 p.m. on November 21, 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 11/15/2022. (LV)
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| Case Reassigned to Judge Nina Morrison. Judge Kiyo A. Matsumoto 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. (AM) |
| Filing 29 Minute Entry for Settlement Conference held on 6/8/2022 before Magistrate Judge Steven Tiscione: Basso, McCormick for Plaintiff; Singleton for Defendants. Settlement discussions were held. Although the parties were unable to reach a disposition at this time, they will continue discussions and advise the Court when a further settlement conference would be productive. (Vasquez, Lea) |
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ORDER granting #26 Motion to Adjourn Conference. The in-person settlement conference scheduled for April 27th will instead be held at 10:00 a.m. on June 8, 2022 in Courtroom 910 of the Central Islip Courthouse. Settlement positions will now be due by June 6th. No further adjournments will be granted. So Ordered by Magistrate Judge Steven Tiscione on 4/25/2022. (Vasquez, Lea)
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| Filing 26 Letter MOTION to Adjourn Conference by iOptimize Realty Inc.. (Basso, Jeffrey) |
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SCHEDULING ORDER re #25 Proposed Scheduling Order filed by iOptimize Realty Inc. The proposed discovery schedule is approved as follows: Deadline for Completion of Phase I discovery - 4/8/22; Deadline for motions to join new parties or amend pleadings - 5/12/22; First requests for production of documents and interrogatories due by - 5/26/22; All fact discovery to be completed by 9/15/22; Exchange of expert reports - 10/14/22; Expert depositions completed by - 11/14/22; All discovery completed by - 11/15/22; Final date to take first step in dispositive motion practice - 12/15/22. An in-person settlement conference will be held on April 27, at 11:30 a.m. in Courtroom 910 of the Central Islip Courthouse. Parties are to submit their respective settlement positions via ex parte electronic filing no later than April 25, 2022. A motion to file ex parte is not required. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. So Ordered by Magistrate Judge Steven Tiscione on 3/14/2022. (Vasquez, Lea)
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| Filing 25 Proposed Scheduling Order Joint Discovery Plan Worksheet by iOptimize Realty Inc. (Basso, Jeffrey) |
| Filing 24 Minute Order for Motion Hearing held on 2/25/2022 before Magistrate Judge Steven Tiscione: Basso for Plaintiff; Conger, Whitner for Defendants. Defendants' MOTION for Protective Order #20 is granted and the proposed protective order is so ordered. Plaintiff's Letter MOTION to Compel #21 is granted in part and denied in part. Defendants will produce the requested documents through April 22, 2017 as discussed but may produce all documents pursuant to the protective order now approved. To the extent that the parties have disputes regarding the designation of specific documents, they shall meet and confer to address the potential disputes but may request Court intervention if they are unable to resolve such disputes on their own. Parties will confer and submit a revised discovery schedule along with mutually agreeable dates for a settlement conference. (FTR Log #AT&T 12:04 - 12:17.) (Vasquez, Lea) |
| Filing 22 RESPONSE in Opposition re #21 Letter MOTION to Compel Production of Phase 1 Documents and in Opposition to Defendants Motion for a Protective Order filed by Cox Automotive, Inc.. (Conger, Ava) |
| Filing 21 Letter MOTION to Compel Production of Phase 1 Documents and in Opposition to Defendants Motion for a Protective Order by iOptimize Realty Inc.. (Attachments: #1 Exhibit Exhibit A - Phase I Document Requests, #2 Exhibit Exhibit B - Defendants' Response to Phase I Demands, #3 Exhibit Exhibit C - 11.13.09 Brokerage Agreement, #4 Exhibit Exhibit D - 11.19.13 Amendment to Brokerage Agreement) (Basso, Jeffrey) |
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ORDER deferring ruling on #20 Motion for Protective Order. The motion will be addressed during the conference already scheduled for February 25th. So Ordered by Magistrate Judge Steven Tiscione on 2/14/2022. (Vasquez, Lea)
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| Filing 20 MOTION for Protective Order by Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc.. (Attachments: #1 Phase I Requests, #2 Protective Order) (Conger, Ava) |
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ORDER granting #19 Motion to Adjourn Conference. The in-person settlement conference scheduled for January 20th will instead be held at 12:00 p.m. on February 25, 2022 by phone. Counsel for Plaintiff shall dial into the conference at 12:00 p.m. with the client on the line and counsel for Defendants shall dial into the conference at 12:30 p.m. with the client on the line. All parties shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. Ex parte settlement positions shall now be filed no later than February 23rd. So Ordered by Magistrate Judge Steven Tiscione on 1/18/2022. (Vasquez, Lea)
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| Filing 19 Letter MOTION to Adjourn Conference by iOptimize Realty Inc.. (Basso, Jeffrey) |
| Filing 18 Minute Entry for Initial Conference Hearing held on 11/9/2021 before Magistrate Judge Steven Tiscione: Basso for Plaintiff; Conger, Singleton for Defendants. The Court sets the following discovery deadlines: Deadline for completion of Rule 26(a) initial disclosures - 11/23/21; Completion of Phase I discovery - 1/10/22; Deadline for motions to join new parties or amend pleadings - 2/4/22; First requests for production of documents and interrogatories due by - 2/18/22; All fact discovery to be completed by 6/10/22; Exchange of expert reports - 7/11/22; Expert depositions completed by - 8/11/22; All discovery completed by - 8/12/22; Final date to take first step in dispositive motion practice - 9/12/22. An in-person settlement conference will be held on January 20, 2022 at 11:00 a.m. Parties are to submit their respective settlement positions via ex parte electronic filing no later than January 17, 2022. A motion to file ex parte is not required. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. (Vasquez, Lea) |
| Filing 17 ANSWER to Complaint by All Defendants. (Singleton, Burleigh) |
| Filing 16 Proposed Scheduling Order Discovery Plan Worksheet by iOptimize Realty Inc. (Basso, Jeffrey) |
| Filing 15 STIPULATION Stipulation Extending Time to Answer by Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc. (Whitmer, Frederick) |
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ORDER TO ANSWER re #15 Stipulation filed by Manheim Investments, Inc., Cox Enterprises, Inc., Cox Automotive, Inc., Dealertrack Inc.: The Stipulation extending the time for All Defendants to answer to November 5, 2021 is approved and hereby entered as an Order of the Court. So Ordered by Magistrate Judge Steven Tiscione on 11/2/2021. (Vasquez, Lea)
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| Filing 14 Letter MOTION to Adjourn Conference by iOptimize Realty Inc.. (Basso, Jeffrey) |
| Filing 13 STIPULATION Stipulation Acknowledging Service and Extending Time to Answer by iOptimize Realty Inc. (Basso, Jeffrey) |
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ORDER TO ANSWER re #13 Stipulation filed by iOptimize Realty Inc. All Defendants. The stipulation extending all defendants' time to answer to November 1, 2021 is approved and hereby entered as an Order of the Court. So Ordered by Magistrate Judge Steven Tiscione on 10/5/2021. (Vasquez, Lea)
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ORDER granting #14 Motion to Adjourn Conference. The initial conference scheduled for October 15th will instead be held at 10:00 a.m. on November 9, 2021. The parties shall use the same dial-in information previously provided. So Ordered by Magistrate Judge Steven Tiscione on 10/5/2021. (Vasquez, Lea)
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| Filing 12 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 16, 2021, before Judge Matsumoto. Court Reporter/Transcriber H. Driscoll, Telephone number 17186132274. Email address: hdrisc@gmail.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/19/2021. Redacted Transcript Deadline set for 10/29/2021. Release of Transcript Restriction set for 12/27/2021. (Driscoll, Holly) |
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Filing 11
SCHEDULING ORDER: An initial conference will be held at 11:00 a.m. on October 15, 2021 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 attached Discovery Plan Worksheet is to be completed and electronically filed by October 13th. 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 9/16/2021. (Vasquez, Lea)
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| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 9/16/2021. Appearances: Appearances: Jeffrey V. Basso, Esq. for the Plaintiff; Burleigh L. Singleton, Esq., and Frederick L. Whitmer, Esq., for the Defendants. The Court advised the parties that, as the pre-motion papers appear to rely on facts outside the pleadings which plaintiff asserts are in dispute, a 12(b)(6) motion would be unlikely to succeed and would likely result in a waste of the parties' time and resources. The court also considers that summary judgment would be premature at this stage, as plaintiff has stated a need for discovery in order to defend against any anticipated motion for summary judgment. The parties are referred to Magistrate Judge Steven Tiscione for supervision of discovery. As the court noted during the pre-motion conference, the parties are urged to consider good-faith settlement discussions. (Court Reporter Holly Driscoll.) (Rodriguez Armenta, Elena) |
| Filing 10 NOTICE of Appearance by Ava Conger on behalf of All Defendants (notification declined or already on case) (Conger, Ava) |
| Filing 9 NOTICE of Appearance by Burleigh L. Singleton on behalf of Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc. (notification declined or already on case) (Singleton, Burleigh) |
| Filing 8 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14839500. by Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc.. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Georgia Certificate of Good Standing, #3 Proposed Order) (Singleton, Burleigh) |
| Filing 7 MOTION to Appear Pro Hac Vice (Ava J. Conger) Filing fee $ 150, receipt number ANYEDC-14839353. by Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc.. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing, #3 Proposed Order) (Conger, Ava) |
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ORDER granting #7 Motion for Leave to Appear Pro Hac Vice ; granting #8 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice applications #7 and #8 submitted by Ava J. Conger and Burleigh L. Singleton, respectively, for Defendants, and found them to be in compliance with the local rules concerning attorney admissions, the applications are approved. If not already done, the attorneys shall register for ECF which is available online at the NYED's homepage. Once registered, the attorneys shall file notices of appearance and ensure that they receive electronic notifications of activity in this case. The attorneys shall ensure that the $150 admission fee per application is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 9/15/2021. (Vasquez, Lea)
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ORDER granting #4 Request for Pre-Motion Conference. The court will hold a telephonic pre-motion conference on September 16, 2021, at 11:00 am. The parties should dial into the conference on that date by calling 1-888-684-8852 and entering the following access code: 1312089. Ordered by Judge Kiyo A. Matsumoto on 9/1/2021. (Rodriguez Armenta, Elena)
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| Filing 5 REPLY in Opposition re #4 Letter filed by Defendants Requesting a Pre-Motion Conference filed by iOptimize Realty Inc.. (Basso, Jeffrey) |
| Filing 4 Letter application requesting a Pre-Motion Conference by Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Whitmer, Frederick) |
| Filing 3 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. (Landow, Concetta) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Additional attachment(s) added on 7/27/2021: #1 Additional Corrections) (Landow, Concetta). |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Steven Tiscione. 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. (Landow, Concetta) |
| Filing 1 NOTICE OF REMOVAL by Cox Automotive, Inc., Cox Enterprises, Inc., Dealertrack Inc., Manheim Investments, Inc. from Supreme Court of the State of New York, County of Suffolk, case number 613548/2021. Was the Disclosure Statement on Civil Cover Sheet completed -Yes( Filing fee $ 402 receipt number ANYEDC-14692250) (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (Whitmer, Frederick) Modified on 7/27/2021 (Landow, Concetta). |
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