Kopko v. Victory Capital Management, Inc.
| Edward E. Kopko |
| Victory Capital Management, Inc. and Victory Capital Transfer Agency, Inc. |
| 3:2023cv00906 |
| July 26, 2023 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Miroslav Lovric |
| Securities/Commodities |
| 28 U.S.C. ยง 1446 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 TEXT ORDER: In light of the filing of the amended complaint #13 , filing of waiver of service #15 , and deadline for response to the amended complaint, the Rule 16 Initial Conference scheduled for 11/6/2023 is RE-SCHEDULED for 12/4/2023 at 12:00 p.m., via Teams teleconference, before Magistrate Judge Miroslav Lovric. The parties are directed to file an Amended Civil Case Management Plan, correctly completed, which must be filed by and Mandatory Disclosures are to be exchanged by the parties on or before 11/27/2023. Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 9/15/2023. (jdc ) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Edward E. Kopko. Victory Capital Transfer Agency, Inc. waiver sent on 9/13/2023, answer due 11/13/2023. (Kopko, Edward) |
| Filing 14 Summons Issued as to Victory Capital Transfer Agency, Inc. (mmg) |
| Filing 13 AMENDED COMPLAINT Edward E. Kopko against Victory Capital Management, Inc. filed by Edward E. Kopko. (Attachments: #1 Letter to Clerk of the Court, #2 Proposed Summons)(Kopko, Edward) |
| Filing 12 TEXT ORDER: Letter Motion #11 is GRANTED In Part and DENIED In Part. Plaintiff correctly points out that the complaint was filed at Dkt. No. 5 on 8/17/2023. See Docket. Defendant has not yet filed a response to the complaint. See Docket. The Clerk of Court was unable to set a deadline for filing of a response to the complaint by Defendant since no affidavit of service, or a waiver of service, has been filed in the docket by Plaintiff. See, G.O. 25, Dkt. No. 2. Plaintiff is required to file an affidavit of service, or a waiver of service if executed by Defendant, in the docket as prescribed by G.O. 25, Dkt. No. 2. The Rule 16 conference cannot take place until Defendant responds to the complaint. Furthermore, the Civil Case Management Plan filed at Dkt. No. 9 is incomplete. In several sections, the parties responded with TBD. TBD is not an appropriate response to those questions in the management plan. Therefore, the Court is unable to conduct a Rule 16 Initial Conference in this case. Defendant is directed to respond to the complaint by 10/4/2023. The Rule 16 Initial Conference remains scheduled for 11/6/2023 at 11:00 a.m., via Teams teleconference, before Magistrate Judge Miroslav Lovric. The parties are directed to file an Amended Civil Case Management Plan, correctly completed, which must be filed by and Mandatory Disclosures are to be exchanged by the parties on or before 10/30/2023. Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 8/30/2023. (jdc ) |
| Filing 11 Letter Motion from Edward E. Kopko for Edward E. Kopko requesting Rule 26 Conference submitted to Judge Lovric . (Kopko, Edward) |
| Filing 10 TEXT ORDER: According to the docket of this case, Plaintiff has failed to file a complaint. See Docket. Defendant has not filed a response since no complaint has been filed in this case. See Docket. The Civil Case Management Plan filed at Dkt. No. 9 is incomplete. Therefore, the Court is unable to conduct a Rule 16 Initial Conference in this case. Plaintiff is directed to file a complaint by 9/13/2023. Defendant is directed to respond to the complaint by 10/4/2023. The Rule 16 Initial Conference scheduled for 8/30/2023 is RE-SCHEDULED for 11/6/2023 at 11:00 a.m., via Teams teleconference, before Magistrate Judge Miroslav Lovric. The parties are directed to file an Amended Civil Case Management Plan which must be filed by and Mandatory Disclosures are to be exchanged by the parties on or before 10/30/2023. Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 8/30/2023. (jdc ) |
| Filing 9 CIVIL CASE MANAGEMENT PLAN by Victory Capital Management, Inc.. (Mendolera, Lauren) |
| Filing 8 NOTICE OF APPEARANCE by Lauren Mendolera on behalf of Victory Capital Management, Inc. (Mendolera, Lauren) |
| Filing 7 Summons Issued as to Victory Capital Management, Inc. (mmg) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS(ES): Edward E. Kopko is requesting summons(es) be issued as to Victory Capital Management, Inc. (Kopko, Edward) |
| Filing 5 COMPLAINT ; Emergency Motion for PI/TRO to be filed within 7 days via OSC: No; For questions about this filing, contact Edward E. Kopko at 607-269-1300 or office@kopko.law filed by Edward E. Kopko.(Kopko, Edward) |
| TEXT NOTICE: The Initial Conference scheduled for 8/30/2023 at 10:00AM before Magistrate Judge Miroslav Lovric, via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. (jdc ) |
| Filing 4 CERTIFICATE OF SERVICE by Victory Capital Management, Inc. re #2 G.O. 25 Filing Order, #1 Notice of Removal, (Tomovic, Patrick) |
| Filing 3 NOTICE OF ADMISSION REQUIREMENT as to Party Victory Capital Management, Inc.; Attorney Lauren R. Mendolera, Esq., Email address is lmendolera@hselaw.com. Phone number is (716) 853-1616. Admissions due by 8/10/2023. (Copy served via regular mail and email)(mmg) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 8/30/2023 10:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/23/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (Copy Served via regular mail on Attorney Mendolera)(mmg) |
| Filing 1 NOTICE OF REMOVAL from State of New York Supreme Court: County of Tompkins, case number EF2023-0422 (Filing fee $402 receipt number ANYNDC-6384787) filed by Victory Capital Management, Inc. (Attachments: #1 Exhibit(s) State Court Summons with Notice, #2 Exhibit(s) Affidavit of Service, #3 Exhibit(s) State Court Docket, #4 Civil Cover Sheet)(mmg) |
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