Radar Sports Management, LLC v. Legacy Lacrosse, LI Inc et. al.
| Radar Sports Management LLC, True Lacrosse and Radar Sports Management, LLC |
| Legacy Lacrosse LI Inc, Madlax Inc, Michael Brennan, Thomas Zummo, Mike Gabel, Cabel Maddux, Jake Dean, Tracey Cantabene, Legacy Lacrosse, LI Inc, Madlax Inc doing business as Madlax Events and Jake Dean Each individually and collectively acting as a joint venture collectively doing business as Club National |
| 2:2021cv05749 |
| October 14, 2021 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| James M Wicks |
| Civil Rights: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 2, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 60
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel for Plaintiff: John F. Clennan. Counsel for Defendants (Legacy Lacrosse, LI Inc, Madlax Inc, Michael Brennan, Tracey Cantabene, Thomas Zummo, Cabel Maddux): Annemarie Susan Jones. Counsel for Defendants (True Lacrosse, Mike Gabel, Jake Dean): Jennifer E. Sherven, Taylor Michelle Ferris. Status Conference/Pre-Motion Conference held on 6/9/2023 at 1:00 PM. Discussion was held regarding the diversity jurisdiction issue and Defendants' anticipated motions to dismiss. Following discussion with counsel, given Plaintiff's Fourth Amended Complaint (DE #59 ) and recent letter (DE #57 ), which clarified the parties' citizenship, the parties agree that there are no remaining concerns regarding diversity jurisdiction. The Court adopted a briefing schedule on Defendants' joint motion to dismiss. Defendants are to confer with their clients and advise the Court on or before June 16, 2023 in the event they desire to file separate motions. Otherwise, briefing shall proceed as follows: (i) Defendants are to serve their joint motion to dismiss on or before July 28, 2023. (ii) Plaintiff is to serve its opposition on or before September 8, 2023. (iii) Defendants are to serve their reply on or before September 22, 2023. The parties are directed to comply with the undersigned's Individual Practice Rules with respect to bundle filing the fully briefed motion. See Rule 3.C.1.A. The parties are to provide hard copies of their respective motion papers to chambers on or before September 27, 2023. The parties are to appear for an in-person Oral Argument on the anticipated motion before the undersigned on November 1, 2023, at 10:00 AM in the United States District Court, Eastern District of New York, 100 Federal Plaza, Courtroom 1020, Central Islip, New York. 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 #12:59-1:15 (Video).) (DF)
|
|
Filing 59
AMENDED COMPLAINT Fourth Complaint against Michael Brennan, Tracey Cantabene, Jake Dean, Mike Gabel, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, True Lacrosse, Thomas Zummo, filed by Radar Sports Management, LLC. (Clennan, John)
|
|
Filing 58
Letter to Hon. James M. Wicks Fourth Amended Complaint by Radar Sports Management, LLC (Clennan, John)
|
|
Filing 57
Letter MOTION RESPONSE by Radar Sports Management, LLC (Clennan, John)
|
|
ORDER granting #55 #56 Motion for Pre Motion Conference. Defendants' motions for a pre-motion conference (DE #55 , #56 ) are hereby granted, and the parties shall be prepared to discuss the issues raised within and the anticipated motions at the status conference scheduled for June 9, 2023, at 1:00 PM via Zoom before the undersigned. Plaintiff's Amended Complaint (DE #52 ) appears to re-assert the Second, Third, and Fifth causes of action from the Second Amended Complaint (DE #23 ), which were "dismissed with prejudice," and without leave to replead. (See DE 49 at 26.) Plaintiff raises no "compelling circumstances" requiring the Court to reconsider that decision, and thus, Plaintiff is "barred from using [his] amended pleading to revive claims that were previously dismissed with prejudice or without leave to amend." Quirino v. The New Jewish Home, No. 19-CV-05778 (PAE) (DF), 2021 WL 11430534, at *6 (S.D.N.Y. Dec. 29, 2021), report and recommendation adopted, 2022 WL 142373 (S.D.N.Y. Jan. 14, 2022) (collecting cases). Therefore, the Second, Third, and Fifth causes of action (DE #52 ) are hereby stricken. Id. Plaintiff is further directed to file on or before June 6, 2023 a "fourth amended complaint" removing the causes of action that were dismissed previously. So Ordered by Magistrate Judge James M. Wicks on 6/2/2023. (MSH)
|
|
Filing 56
Letter MOTION for pre motion conference by Jake Dean, Mike Gabel, True Lacrosse. (Sherven, Jennifer)
|
|
Filing 55
Letter MOTION for pre motion conference by Michael Brennan, Tracey Cantabene, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, Thomas Zummo. (Jones, Annemarie)
|
|
ORDER. The parties shall appear for a status conference on June 9, 2023 at 1:00 PM via Zoom before the undersigned. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. So Ordered by Magistrate Judge James M. Wicks on 5/26/2023. (MSH)
|
|
Filing 54
Letter to Hon. James M. Wicks by Radar Sports Management, LLC (Attachments: #1 Exhibit) (Clennan, John)
|
|
ORDER. Plaintiff's Amended Complaint (52) simply provides that "TRUE LACROSSE is a business organization with its principal place of business organization with its principal place of business located at 131 North Eisenhower Lane, Lombard, IL 60148. Defendant TRUE LACROSSE is a citizen of the state of Illinois." This is insufficient to establish the citizenship of Defendant True Lacrosse and does not remedy the jurisdictional defects previously outlined by the Court. See DE 49 at 25-26 ("Nor has Plaintiff identified the corporate form of Defendant True Lacrosse. The Second Amended Complaint 26 simply states in relevant part that True Lacrosse 'is a business organization with its principal place... located at 131 North Eisenhower Lane, Lombard, IL 60148.' (DE 23 at 17.) This is insufficient to determine complete diversity."). On or before May 26, 2023, Plaintiff shall provide a letter explaining (i) the type of business entity that True Lacrosse is, and (ii) providing information sufficient to determine the citizenship of that form of business entity. See DE 49 at 25 (discussing the differing standards for determining the citizenship of, for example, a corporation and a limited liability company). Plaintiff is cautioned that its continuing failure to establish that the requirements of diversity jurisdiction are met will result in dismissal of the remaining state law claims. So Ordered by Magistrate Judge James M. Wicks on 5/24/2023. (MSH)
|
|
Filing 53
NOTICE of Appearance by Annemarie Susan Jones on behalf of Michael Brennan, Tracey Cantabene, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, Thomas Zummo (aty to be noticed) (Jones, Annemarie)
|
|
Filing 52
AMENDED COMPLAINT Third Amended Complaint against Michael Brennan, Tracey Cantabene, Jake Dean, Mike Gabel, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, True Lacrosse, Thomas Zummo, filed by Radar Sports Management, LLC. (Attachments: #1 Affidavit of Service) (Clennan, John)
|
|
ORDER. Plaintiff is directed to file the amended complaint on or before May 19, 2023, which shall be deemed the operative complaint in this matter upon filing. So Ordered by Magistrate Judge James M. Wicks on 5/9/2023. (MSH)
|
|
Filing 51
Letter by Radar Sports Management, LLC (Clennan, John)
|
|
Filing 50
Letter to the Honorable James M. Wicks regarding Judgment by Michael Brennan, Tracey Cantabene, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, Thomas Zummo (Kleinberg, Adam)
|
|
ORDER. Plaintiff is directed to file a letter on or before May 9, 2023, advising the Court whether or not it intends to amend the complaint as to the remaining state law claims to the extent permitted in the Court's March 24, 2023 Memorandum and Order. See DE 49 at 26 ("As to the state law claims (the First and Fourth counts), Plaintiff is granted limited leave to replead facts supporting diversity jurisdiction, i.e. the citizenship of the parties and the amount in controversy."). So Ordered by Magistrate Judge James M. Wicks on 5/2/2023. (MSH)
|
|
Filing 49
ORDER granting in part and denying in part #35 , #44 Motions to Dismiss. For the reasons set forth in the attached Memorandum and Order, Defendants motions to dismiss (DE 35; DE 44) are GRANTED in part and DENIED in part as follows: (1) Defendants' motions to dismiss are granted as to the Second, Third, and Fifth counts of Plaintiff's Second Amended Complaint, which are dismissed with prejudice, and (2) Defendants' motions to dismiss as to the First and Fourth counts of Plaintiff's Second Amended Complaint are denied with leave to renew. Further, True Defendants' motion to strike Plaintiff's request for compensatory and punitive damages pursuant to Fed. R. Civ. P. 12(f) is denied as MOOT (DE 44), and Plaintiff's request for leave to replead its federal claims (DE 42) is denied. As to the state law claims (the First and Fourth counts), Plaintiff is granted limited leave to replead facts supporting diversity jurisdiction, i.e. the citizenship of the parties and the amount in controversy. So Ordered by Magistrate Judge James M. Wicks on 3/24/2023. (MSH)
|
|
ORDER. In light of the pending motion to dismiss and stay of discovery in this matter (Electronic Order dated Apr. 1, 2022), the final Pretrial Conference scheduled for 9/19/2022 is adjourned sine die. Ordered by Magistrate Judge James M. Wicks on 9/16/2022. (Weinstein, Tracy)
|
|
Filing 48
CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge James M. Wicks for all further proceedings. Chief Judge Margo K. Brodie no longer assigned to 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. (Piper, Francine)
|
|
Case no longer referred to Magistrate Judge James M. Wicks. (Piper, Francine)
|
|
Filing 47
CONSENT to Jurisdiction by US Magistrate Judge by Michael Brennan, Tracey Cantabene, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, Thomas Zummo. (Kleinberg, Adam)
|
|
Case randomly reassigned to Chief Judge Margo K. Brodie. Judge Denis R. Hurley 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. (Florio, Lisa)
|
|
ORDER. In light of the stay of this matter (Electronic Order dated Apr. 1, 2022), the Status Conference scheduled for 5/10/2022 is hereby canceled. Ordered by Magistrate Judge James M. Wicks on 5/5/2022. (Weinstein, Tracy)
|
|
Filing 46
REPLY in Support re #44 MOTION to Dismiss for Failure to State a Claim filed by Jake Dean, Mike Gabel, True Lacrosse. (Sherven, Jennifer)
|
|
Filing 45
MEMORANDUM OF LAW in Support filed by Jake Dean, Mike Gabel, True Lacrosse. (Sherven, Jennifer)
|
|
Filing 44
MOTION to Dismiss for Failure to State a Claim by Jake Dean, Mike Gabel, True Lacrosse. (Attachments: #1 Declaration, #2 Exhibit A - Second Amended Complaint, #3 Exhibit B - Correspondence between Plaintiff and Defendant Jake Deane, #4 Exhibit C - Terms and Conditions) (Sherven, Jennifer)
|
|
Filing 43
MEMORANDUM in Support re #35 Notice of MOTION to Dismiss Plaintiff's second amended complaint filed by Michael Brennan, Tracey Cantabene, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, Thomas Zummo. (Kleinberg, Adam)
|
|
Filing 42
MEMORANDUM in Opposition re #35 Notice of MOTION to Dismiss Plaintiff's second amended complaint filed by Michael Brennan, Tracey Cantabene, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, Thomas Zummo. (Kleinberg, Adam)
|
|
Filing 41
AFFIDAVIT/DECLARATION in Opposition re #35 Notice of MOTION to Dismiss Plaintiff's second amended complaint re - Plaintiff's Supplemental Affidavit filed by Michael Brennan, Tracey Cantabene, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, Thomas Zummo. (Kleinberg, Adam)
|
|
Filing 40
AFFIDAVIT/DECLARATION in Opposition re #35 Notice of MOTION to Dismiss Plaintiff's second amended complaint re - Plaintiff Affidavit filed by Michael Brennan, Tracey Cantabene, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, Thomas Zummo. (Kleinberg, Adam)
|
|
Filing 39
AFFIDAVIT/DECLARATION in Opposition re #35 Notice of MOTION to Dismiss Plaintiff's second amended complaint filed by Michael Brennan, Tracey Cantabene, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, Thomas Zummo. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Kleinberg, Adam)
|
|
Filing 38
RESPONSE in Opposition re #35 Notice of MOTION to Dismiss Plaintiff's second amended complaint filed by Radar Sports Management, LLC. (Attachments: #1 Affidavit in Opposition, #2 Affidavit in Opposition, #3 Memorandum in Opposition, #4 Exhibit Table of Exhibit, #5 Exhibit Exhibit 1 Preservation Letter, #6 Exhibit Exhibit 2 Plaintiff Initial Disclosure, #7 Exhibit Exhibit 3 Defendant's Initial Disclosures, #8 Exhibit Exhibit 4 Certified Records of Radar, #9 Exhibit Exhibit 5 Plaintiff's Second Amended Complaint, #10 Exhibit Exhibit 6 Discovery Request, #11 Exhibit Exhibit 7 Deans Link) (Clennan, John)
|
|
Filing 37
MEMORANDUM in Support re #35 Notice of MOTION to Dismiss Plaintiff's second amended complaint filed by Michael Brennan, Tracey Cantabene, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, Thomas Zummo. (Kleinberg, Adam)
|
|
Filing 36
AFFIDAVIT/DECLARATION in Support re #35 Notice of MOTION to Dismiss Plaintiff's second amended complaint filed by Michael Brennan, Tracey Cantabene, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, Thomas Zummo. (Attachments: #1 Exhibit A) (Kleinberg, Adam)
|
|
Filing 35
Notice of MOTION to Dismiss Plaintiff's second amended complaint by Michael Brennan, Tracey Cantabene, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, Thomas Zummo. (Kleinberg, Adam)
|
|
ORDER. In light of the stay of this matter (Electronic Order dated Apr. 1, 2022) the Motion for Extension of Time to Complete Discovery #33 is denied as moot. Ordered by Magistrate Judge James M. Wicks on 4/1/2022. (Weinstein, Tracy)
|
|
ORDER granting #30 Motion to Stay. Defendants' request to stay discovery pending the outcome of the Rule 12(b)(6) motions due to be filed on or before April 26, 2022 is granted. "[D]istrict courts have considered the following factors in determining whether a stay of discovery is appropriate pending the outcome of a dispositive motion: (1) whether the defendant has made a strong showing that the plaintiffs claim is unmeritorious; (2) the breadth of discovery and the burden of responding to it; and (3) the risk of unfair prejudice to the party opposing the stay." Long Island Hous. Servs., Inc. v. Nassau Cty. Indus. Dev. Agency, No. 14-cv-3307, 2015 WL 7756122, at *2 (E.D.N.Y. Dec. 1, 2015) (quotations omitted). "Upon a showing of good cause[,] a district court has considerable discretion to stay discovery pursuant to Rule 26(c)." Al Thani v. Hanke, 20-CV-4765 (JPC), 2021 WL 23312, at *1 (S.D.N.Y. Jan. 4, 2021) (alteration in original) (quoting Republic of Turkey v. Christies, Inc., 316 F. Supp. 3d 675, 677 (S.D.N.Y. 2018)). In assessing good cause, Courts look to "the particular circumstances and posture of each case." Ellington Credit Fund, Ltd. v. Select Portfolio Servs., Inc., No. 08 Civ. 2437 (RJS), 2008 WL 11510668, at *2 (S.D.N.Y. June 12, 2008) (quoting Hachette Distrib., Inc. v. Hudson Cnty. News Co., 136 F.R.D. 356, 358 (E.D.N.Y. 1991)). Here, the Court finds "good cause" in light of the arguments raised on the anticipated motion to dismiss (as discussed in the parties respective pre-motion letters [DE 24; DE 25; DE 26 (as well as DE 14; DE 15; DE 16)] and the fully briefed motion to stay [DE 30; DE 31; DE 32]. The Court concludes that a stay is appropriate considering (1) the merits of the motion, (2) the fact that there is no indication that discovery is appropriate or necessary pending resolution of the motion, (3) that Plaintiff will not be prejudiced during the stay. Accordingly, the motion pursuant to Fed. R. Civ. P. 26(c)to stay discovery pending the decision on the motions to dismiss, which are to be filed on April 26, 2022, is granted. Ordered by Magistrate Judge James M. Wicks on 4/1/2022. (Weinstein, Tracy)
|
|
Filing 34
RESPONSE to Motion re #33 MOTION for Extension of Time to Complete Discovery filed by Radar Sports Management, LLC. (Clennan, John)
|
|
Filing 33
MOTION for Extension of Time to Complete Discovery by Jake Dean, Mike Gabel, True Lacrosse. (Sherven, Jennifer)
|
|
Filing 32
MEMORANDUM in Opposition re #30 MOTION to Stay filed by Radar Sports Management, LLC. (Attachments: #1 Affidavit in Opposition, #2 Affidavit, #3 Exhibit Table of Exhibits, #4 Exhibit 1 Preservation Letter, #5 Exhibit 2 Plaintiff Initial Disclosure, #6 Exhibit 3 Defendant's Initial Disclosures, #7 Exhibit 4 Certified Records of Radar, #8 Exhibit 5 Plaintiff's Second Amended Complaint, #9 Exhibit 6 Discovery Request) (Clennan, John)
|
|
Filing 31
REPLY in Support re #30 MOTION to Stay Discovery filed by Jake Dean, Mike Gabel, True Lacrosse. (Sherven, Jennifer)
|
|
Filing 30
MOTION to Stay by Jake Dean, Mike Gabel, True Lacrosse. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A - Complaint, #4 Exhibit B - First Amended Complaint, #5 Exhibit C - True Lacross Defendants' Pre-Motion Letter, #6 Exhibit D - Defendants' Pre-Motion Letter, #7 Exhibit E - Plaintiff's Opposition, #8 Exhibit F - Plaintiff's Second Amended Complaint, #9 Exhibit G - True Lacrosse Defendants' Pre-Motion Letter, #10 Exhibit H - Defendants' Pre-Motion Letter, #11 Exhibit I - Plaintiff's Opposition) (Sherven, Jennifer)
|
|
Filing 29
ORDER granting #28 Motion for Extension of Time to Complete Discovery Re: Stipulation to Extend Time to Serve and Respond to Initial Discovery Requests. So Ordered by Magistrate Judge James M. Wicks on 2/17/2022. (Ortiz, Grisel)
|
|
Filing 28
MOTION for Extension of Time to Complete Discovery by Jake Dean, Mike Gabel, True Lacrosse. (Sherven, Jennifer)
|
|
Filing 27
Letter seeking permission to move to dismiss by Michael Brennan, Tracey Cantabene, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, Thomas Zummo (Kleinberg, Adam)
|
|
ORDER re #25 , #26 Letters: Defendants Legacy Lacrosse, LI Inc., Madlax Inc., Michael Brennan, Tracey Cantabene, Thomas Zummo, and Cabel Maddux previously requested leave to move to dismiss Plaintiff's complaint, which ultimately led the Court to grant Plaintiff leave to amend the complaint. Plaintiff has filed his #23 Amended Complaint, the other set of defendants have renewed their request for leave to move to dismiss, and Plaintiff has responded. On or before February 15, 2022, Defendants Legacy Lacrosse, LI Inc., Madlax Inc., Michael Brennan, Tracey Cantabene, Thomas Zummo, and Cabel Maddux shall file a letter indicating whether or not they want to renew their request for leave to move to dismiss. Ordered by Judge Denis R. Hurley on 2/8/2022. (Ready, John)
|
|
ORDER re #24 , #25 , #26 , #27 Letters: The Court waives its premotion conference requirement and sets the following briefing schedule on the Defendants' motions to dismiss: Defendants shall serve, but not file, their respective opening papers on or before March 10, 2022. Plaintiff shall serve, but not file, opposing papers on or before April 11, 2022. Defendants shall serve their respective reply papers, if any, and file the complete set of their respective motion papers on or before April 26, 2022. Both sets of Defendants shall then send to Chambers a courtesy copy of their respective motion papers. Ordered by Judge Denis R. Hurley on 2/8/2022. (Ready, John)
|
|
Filing 26
Letter in response to application for pre motion conference by Radar Sports Management, LLC (Clennan, John)
|
|
Filing 25
Letter Regarding a Pre-Motion Conference by Jake Dean, Mike Gabel, True Lacrosse (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Screenshot) (Ferris, Taylor)
|
|
Motions terminated, docketed incorrectly: #24 MOTION for pre motion conference re #23 Amended Complaint, filed by Cabel Maddux, Thomas Zummo, Tracey Cantabene, Michael Brennan, Madlax Inc, Legacy Lacrosse, LI Inc. (The document should have been filed as a "LETTER" application, and will be addressed as such. All corrections have been made). (Cubano, Jazmin)
|
|
Filing 24
Letter application for pre motion conference re #23 Amended Complaint, by Michael Brennan, Tracey Cantabene, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, Thomas Zummo. (Kleinberg, Adam) Modified on 2/4/2022 (Cubano, Jazmin).
|
|
Filing 23
AMENDED COMPLAINT against All Defendants, filed by Radar Sports Management, LLC. (Attachments: #1 Exhibit Table of Exhibits, #2 Exhibit Club Lacrosse National Internet signup page., #3 Exhibit Welcome to the Club Nationals 2020 by Lacrosse LI Inc undated, #4 Exhibit US CLUB LX flyer undated, #5 Exhibit Payments, #6 Affidavit of Service) (Clennan, John)
|
|
Filing 22
SCHEDULING ORDER: Please see order for further deadline and hearing details. So Ordered by Magistrate Judge James M. Wicks on 1/21/2022. (Ortiz, Grisel)
|
|
Filing 21
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE. Counsel For Plaintiff: John F. Clennan. Counsel For Defendant: Taylor M. Ferris and Adam I. Kleinberg. Video Initial Conference Hearing held on 1/21/2022 at 9:30 AM. Following discussion with counsel and review of the submitted worksheet, the Court adopted a Scheduling Order which is attached at DE#22 . A Status Conference is scheduled for May 10, 2022 at 11:30 AM via the Court's AT&T Conference line. The parties should dial 1-866-434-5269 and enter access code 9025281# at the prompt. A Pretrial Conference is scheduled for September 19, 2022 at 4:00 PM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. A joint proposed pretrial order in compliance with Honorable Denis R. Hurley's requirements and signed by counsel for each party must be received by the undersigned 5 business days prior to this conference. 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 #9:30-9:38 (video).)(Ortiz, Grisel)
|
|
SCHEDULING ORDER: Due to a conflict in the Court's Calendar, the Initial Conference set for 1/19/2022 is hereby ADJOURNED to 1/21/2022 at 09:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. If either part has a conflict for the scheduled date and time, the parties shall confer and propose alternate dates and times by filing a Letter Motion to Adjourn on ECF. So Ordered by Magistrate Judge James M. Wicks on 1/18/2022. (Ortiz, Grisel)
|
|
Filing 20
Proposed Scheduling Order by Radar Sports Management, LLC (Clennan, John)
|
|
ORDER denying #19 Motion to Adjourn Conference. The initial conference will proceed as previously scheduled. So Ordered by Magistrate Judge James M. Wicks on 1/12/2022. (Wicks, James)
|
|
Filing 19
MOTION to Adjourn Conference Scheduled for January 19, 2022 by Jake Dean, Mike Gabel, True Lacrosse. (Sherven, Jennifer)
|
|
Filing 18
MEMORANDUM in Support re #17 MOTION to Stay Discovery filed by Jake Dean, Mike Gabel, True Lacrosse. (Sherven, Jennifer)
|
|
Filing 17
MOTION to Stay Discovery by Jake Dean, Mike Gabel, True Lacrosse. (Attachments: #1 Declaration, #2 Exhibit A - Complaint, #3 Exhibit B - First Amended Complaint, #4 Exhibit C - Pre-Motion Letter, #5 Exhibit D - Pre-Motion Letter) (Sherven, Jennifer)
|
|
ORDER. The Defendants' motion #17 to stay is denied with leave to renew. Plaintiff has until February 3, 2022 to file a Second Amended Complaint [Electronic Order dated 1/3/2022] at which time Defendants were granted leave to renew their applications #14 #15 for pre-motion conferences to move to dismiss [Electronic Order dated 1/3/2022]. Accordingly, the basis for seeking a stay of discovery pending a decision on a 12(b)(6) motion to dismiss is premature. If and when the Defendants re-file their motion to stay, they are directed to comply with the undersigned's Individual Rules ( 3). Ordered by Magistrate Judge James M. Wicks on 1/4/2022. (Weinstein, Tracy)
|
|
ORDER re #14 , #15 , #16 Letters: Defendants have filed #14 , #15 letters requesting leave to move to dismiss Plaintiff's #5 Amended Complaint. In response, Plaintiff responds in part by requesting leave to amend its Amended Complaint. Plaintiff previously amended its complaint as-of-right but did not add new factual allegations; its #16 letter response nonetheless references some facts not yet alleged. Accordingly, the Court GRANTS Plaintiff leave to amend. Plaintiff shall file its Second Amended Complaint on or before February 3, 2022. The Court DENIES without prejudice Defendants leave to move to dismiss. Defendants may renew their requests after Plaintiff files the Second Amended Complaint. The Court parenthetically notes that Plaintiff's cited pleading standard -- that "[a] court may dismiss a complaint only if it is clear that no relief could be granted under any set of facts...," #16 Ltr. at 3 -- is no longer the standard after Ashcroft v. Iqbal, 556 U.S. 662 (2009) and Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007). See, e.g., Vega v. Hempstead Union Free Sch. Dist., 801 F.3d 72, 83 (2d Cir. 2015) ("In Iqbal and Twombly, however, the Court abandoned [the Conley v. Gibson, 355 U.S. 41 (1957)] 'no set of facts' test and adopted instead a plausibility standard of pleading."). Ordered by Judge Denis R. Hurley on 1/3/2022. (Ready, John)
|
|
Filing 16
Letter RESPONSE TO DEFENDANTS REQUEST FOR PRE-MOTION CONFERENCE FOR RULE 12 MOTION by Radar Sports Management, LLC (Clennan, John)
|
|
Motions terminated, docketed incorrectly: #15 MOTION for pre motion conference to dismiss the complaint filed by Cabel Maddux, Thomas Zummo, True Lacrosse, Tracey Cantabene, Michael Brennan, Madlax Inc, #14 MOTION for pre motion conference filed by Jake Dean, True Lacrosse, Mike Gabel. (The documents should have been filed as a "LETTER" application, and the Court will address the documents as such. All corrections have been made). (Cubano, Jazmin)
|
|
Filing 15
Letter application for pre motion conference to dismiss the complaint by Michael Brennan, Tracey Cantabene, Cabel Maddux, Madlax Inc, True Lacrosse, Thomas Zummo. (Kleinberg, Adam) Modified on 12/27/2021 (Cubano, Jazmin).
|
|
Filing 14
Letter application for pre motion conference by Jake Dean, Mike Gabel, True Lacrosse. (Attachments: #1 Exhibit A - Plaintiff's First Amended Complaint, #2 Exhibit B - Terms and Conditions) (Ferris, Taylor) Modified on 12/27/2021 (Cubano, Jazmin).
|
|
SCHEDULING ORDER: The Initial Conference set for 1/19/2022 at 10:00 AM will be held via the Court's Video Zoom instead of in-person. The Court will email the Zoom invitation closer to the conference date. So Ordered by Magistrate Judge James M. Wicks on 12/21/2021. (Ortiz, Grisel)
|
|
Filing 13
WAIVER OF SERVICE Returned Executed by True Lacrosse. True Lacrosse waiver sent on 11/5/2021, answer due 1/4/2022. (Sherven, Jennifer)
|
|
Filing 12
WAIVER OF SERVICE Returned Executed by Mike Gabel. Mike Gabel waiver sent on 11/5/2021, answer due 1/4/2022. (Sherven, Jennifer)
|
|
Filing 11
WAIVER OF SERVICE Returned Executed by Jake Dean. Jake Dean waiver sent on 11/5/2021, answer due 1/4/2022. (Sherven, Jennifer)
|
|
Filing 10
WAIVER OF SERVICE Returned Executed by Madlax Inc, Legacy Lacrosse, LI Inc, Tracey Cantabene, Cabel Maddux, Thomas Zummo, Michael Brennan. Madlax Inc waiver sent on 11/3/2021, answer due 1/2/2022; Legacy Lacrosse, LI Inc waiver sent on 11/3/2021, answer due 1/2/2022; Tracey Cantabene waiver sent on 11/3/2021, answer due 1/2/2022; Cabel Maddux waiver sent on 11/3/2021, answer due 1/2/2022; Thomas Zummo waiver sent on 11/3/2021, answer due 1/2/2022; Michael Brennan waiver sent on 11/3/2021, answer due 1/2/2022. (Kleinberg, Adam)
|
|
Filing 9
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference is scheduled for 10:00 AM on January 19, 2022 before Magistrate Judge James M. Wicks, in courtroom 1020. The parties are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than January 12, 2022. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge James M. Wicks on 11/3/2021. (Attachments: #1 Discovery Plan Worksheet, #2 JMW Individual Rules) (Ortiz, Grisel) Modified on 11/3/2021 (Ortiz, Grisel).
|
|
Filing 8
NOTICE of Appearance by Taylor Michelle Ferris on behalf of Jake Dean, Mike Gabel, True Lacrosse (aty to be noticed) (Ferris, Taylor)
|
|
Filing 7
NOTICE of Appearance by Jennifer E. Sherven on behalf of Jake Dean, Mike Gabel, True Lacrosse (aty to be noticed) (Sherven, Jennifer)
|
|
Filing 6
NOTICE of Appearance by Adam I. Kleinberg on behalf of Michael Brennan, Tracey Cantabene, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, Thomas Zummo (aty to be noticed) (Kleinberg, Adam)
|
|
Filing 5
AMENDED COMPLAINT against All Defendants, filed by Radar Sports Management, LLC. (Clennan, John)
|
|
Filing 4
Summons Issued as to All Defendants. (Flanagan, Doreen)
|
|
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. (Flanagan, Doreen)
|
|
Filing 2
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen)
|
|
Incorrect Case/Document Entry Information. Deleted Defendants and re-entered the Defendants to conform to the Complaint. Deleted Document Entry No. 1 (Complaint, Proposed Summons and Civil Cover Sheet) and re-entered as against all Defendants. (Flanagan, Doreen)
|
|
Case Assigned to Judge Denis R. Hurley and Magistrate Judge James M. Wicks. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Flanagan, Doreen)
|
|
Filing 1
COMPLAINT against Michael Brennan, Tracey Cantabene, Jake Dean, Mike Gabel, Legacy Lacrosse, LI Inc, Cabel Maddux, Madlax Inc, True Lacrosse, Thomas Zummo Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Radar Sports Management, LLC. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Flanagan, Doreen)
|
|
FILING FEE: $ 402.00, receipt number ANYEDC-14934694 (Flanagan, Doreen)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
