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
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) |
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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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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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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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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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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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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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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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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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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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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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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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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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Filing 39 MOTION for Extension of Time to Complete Discovery by iOptimize Realty Inc.. (Basso, Jeffrey) |
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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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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 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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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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Filing 26 Letter MOTION to Adjourn Conference by iOptimize Realty Inc.. (Basso, Jeffrey) |
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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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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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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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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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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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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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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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