Coinmint, LLC v. Main Mill Street Investments, LLC
| Rex Jacobsma |
| Coinmint, LLC |
| Main Mill Street Investments, LLC |
| Ashton Soniat |
| Justice William E. McCarthy |
| 8:2018cv01404 |
| November 30, 2018 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Glenn T Suddaby |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Defendant |
Docket Report
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| Filing 53 JUDGMENT that, pursuant to the Text Order entered on January 2, 2020 (Dkt. No. 52 ) issued by Chief District Judge Glenn T. Suddaby, the dismissal of the above referenced actions described in the Text Order Dismissing Case By Reason of Settlement entered on December 16, 2019 (Dkt. No. 48 ) issued by Chief District Judge Glenn T. Suddaby is converted to one dismissing the above referenced cases (8:18-cv-1404 & 8:19-cv-328) with prejudice (while retaining jurisdiction to hold the Main Mill parties in contempt for violating a Court Order, and to issue a Judgment for Plaintiff) pursuant to Fed.R.Civ.P. 41(a)(2). All of the above pursuant to the Text Order of the Honorable Glenn T. Suddaby, dated this 2nd day of January, 2020. Dkt. No. 52 . (sal) |
Filing 52
TEXT ORDER granting #49 Plaintiff's letter-motion, and converting the dismissal described above in Dkt. No. 48 to one dismissing the two referenced actions (8:18-CV-1404 & 8:19-CV-328) with prejudice (while retaining jurisdiction to hold the Main Mill parties in contempt for violating a Court Order, and to issue a Judgment for Plaintiff) pursuant to Fed. R. Civ. P. 41(a)(2). SO ORDERED by Chief Judge Glenn T. Suddaby on 1/2/2020. (sal )
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| Filing 51 ***SEALED DOCUMENT : Letter dated 12/26/2019 to Chief Judge Glenn T. Suddaby regarding jurisdiction to enforce payment terms of settlement, together with settlement agreement and proposed stipulation of dismissal, filed by Coinmint, LLC under seal in accordance with the Court's Text Order (Dkt. No. 50). (sal ) (Additional attachment(s) added on 12/27/2019: #1 Settlement Agreement, #2 Proposed Stipulation of Dismissal) (sal, ). |
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Filing 50
TEXT ORDER reserving decision of #49 Plaintiff's letter-motion pending receipt by the Court of a representation of the amount(s) of money to be paid pursuant to the terms of the parties settlement agreement, and any other terms that the parties would like the Court to know, so that the Court may assure itself that the terms of the settlement are "proper" for purposes of Fed. R. Civ. P. 41(a)(2). The parties are respectfully advised that the Court cannot, in accordance with the Federal Rules of Civil Procedure, retain jurisdiction over the two referenced actions, for the purpose described by Plaintiff, without first issuing an Order dismissing those actions pursuant to Fed. R. Civ. P. 41(a)(2). The parties are also advised that they may file the requested information under seal, should they so choose. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/23/2019. (sal)
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| Filing 49 Letter Motion from Elliot A. Hallak for Coinmint, LLC, Coinmint, LLC, Coinmint, LLC, Coinmint, LLC, Ashton Soniat, Ashton Soniat, Ashton Soniat requesting the action be dismissed with prejudice, but the Court reserve jurisdiction submitted to Judge Christian F. Hummel . (Hallak, Elliot) |
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Filing 48
TEXT ORDER DISMISSING CASE BY REASON OF SETTLEMENT: The Court having been advised that this case has settled at mediation, this action is dismissed in its entirety, without costs, by reason of settlement. This dismissal is without prejudice to the parties right to secure reinstatement of the case within thirty(30) days after the date of this Order by making a showing that the settlement was not, in fact, consummated. In the event that no motion is made for reinstatement within thirty (30) days of the date of this order, the dismissal of this case shall thereafter be with prejudice. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/16/2019. (sal )
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| Filing 47 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on 12/10/2019. Total Hours Spent by Mediator: 8; The outcome of Mandatory Mediation is: CASE HAS SETTLED. The Settlement Agreement and Stipulation for Dismissal are being prepared and will be submitted for the courts consideration. (McCarthy, William) |
| ADR COMPLETED - CASE SETTLED. Mediator William E. McCarthy terminated.(rjb, ) |
| Filing 46 STATUS REPORT by Rex Jacobsma, Main Mill Street Investments, LLC, Main Mill Street Investments, LLC. (Levine, Gabriella) |
| Filing 45 NOTICE by Coinmint, LLC, Coinmint, LLC, Ashton Soniat Notice of Scheduling of Mediation (Hallak, Elliot) |
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Filing 44
TEXT ORDER re #39 Letter Motion requesting to extend parties' deadline to submit expert reports until after mediation. The deadline to file Dispositive Motions is also reset and Motions to be filed by 5/19/2020. Authorized by Magistrate Judge Christian F. Hummel on 11/13/2019. (tab)
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Filing 43
TEXT ORDER granting #39 Letter Request from Elliot A. Hallak for Coinmint, LLC, Coinmint, LLC, Coinmint, LLC, Coinmint, LLC, Ashton Soniat, Ashton Soniat, Ashton Soniat requesting to extend parties' deadline to submit expert reports until after mediation has been completed. Discovery to be completed by 4/14/2020. The deadlines to exchange expert reports is reset as outlined in the request. Authorized by Magistrate Judge Christian F. Hummel on 11/12/2019. (tab)
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Filing 42
TEXT ORDER denying Letter Request, dkt. no. 40, seeking permission for Ashton Soniat to appear by telephone for mediation, for the reasons set forth in defendant Main Mill's objection (dkt. no. 41). In order for there to be meaningful mediation, Ashton Soniat must appear in person. Authorized by Magistrate Judge Christian F. Hummel on 11/5/19.
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| Filing 41 LETTER BRIEF objecting to Coinmint's request to excuse Mr. Soniat's attendance at mediation by Main Mill Street Investments, LLC. (Crain, Jon) |
| Filing 40 Letter Motion from Elliot A. Hallak for Coinmint, LLC, Coinmint, LLC, Coinmint, LLC, Coinmint, LLC, Ashton Soniat, Ashton Soniat, Ashton Soniat requesting permission for Ashton Soniat to participate in the mediation by telephone submitted to Judge Christian F. Hummel . (Hallak, Elliot) |
| Filing 39 Letter Motion from Elliot A. Hallak for Coinmint, LLC, Coinmint, LLC, Coinmint, LLC, Coinmint, LLC, Ashton Soniat, Ashton Soniat, Ashton Soniat requesting to extend parties' deadline to submit expert reports until after mediation has been completed submitted to Judge Christian F. Hummel . (Hallak, Elliot) |
| Filing 38 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Justice William E. McCarthy has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Jon E. Crain and Elliot A. Hallak and. Dated: October 28, 2019(Crain, Jon) |
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Filing 37
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 4 dyas (Jury Trial). Preferred Trial Location: Albany, NY. Joinder of Parties due by 11/11/2019. Amended Pleadings due by 1/31/2020. Discovery due by 1/31/2020. Motions to be filed by 3/31/2020. Deadline for completion of Mandatory Mediation is 1/3/2020. Status Report due by 12/31/2019. Signed by Magistrate Judge Christian F. Hummel on 10/9/2019. (tab)
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Filing 36
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 11/6/2019. Deadline for completion of Mandatory Mediation is 1/3/2020. Signed by Magistrate Judge Christian F. Hummel on 10/9/2019. (tab)
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| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 10/1/2019. Appearances by Elliot Hallak, Esq. for plaintiffs; Jon E. Crain, Jr., Esq. for Defendants. Case deadlines are established and a scheduling Order will be issued. (tab) |
| Filing 35 CIVIL CASE MANAGEMENT PLAN by Main Mill Street Investments, LLC. (Crain, Jon) |
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Filing 34
TEXT ORDER approving #33 Letter Request: Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/27/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court). Authorized by Magistrate Judge Christian F. Hummel on 9/23/2019. (tab)
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| Filing 33 Letter Motion from Gabriella R. Levine for Main Mill Street Investments, LLC, Main Mill Street Investments, LLC, Main Mill Street Investments, LLC requesting Extension of Time to Exchange Mandatory Disclosures submitted to Judge Christian F. Hummel . (Levine, Gabriella) |
| Filing 32 NOTICE of Appearance by Daniel R. LeCours on behalf of Coinmint, LLC (LeCours, Daniel) |
| Filing 31 NOTICE of Appearance by John T. McManus on behalf of Coinmint, LLC (McManus, John) |
| Filing 30 NOTICE of Appearance by Elliot A. Hallak on behalf of Coinmint, LLC (Hallak, Elliot) |
| Filing 29 Main Mill's ANSWER to #13 Amended Complaint by Main Mill Street Investments, LLC, .(Crain, Jon) |
| Filing 28 ANSWER to Complaint Third-Party Complaint by Rex Jacobsma.(Crain, Jon) |
| Filing 27 COURT NOTICE of Conference: The Initial Conference has been set for Tuesday, 10/1/2019 @ 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/24/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Counsel located outside the Albany area, who wish to participate by telephone, are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call. (tab) |
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Filing 26
DECISION AND ORDER that Defendants' motion to dismiss (Dkt. No. #9 ) is GRANTED in part and DENIED in part. Coinmint's motion for sanctions (Dkt. No. 30 of Member Case No. 8:19-CV-0328) is DENIED. Coinmint's First Claim of fraudulent inducement against Jacobsma is DISMISSED. Coinmint's Second Claim of breach of contract against Main Mill SURVIVES Defendants' motion to dismiss. Defendant Jacobsma is DISMISSED from this action as a party. Signed by Chief Judge Glenn T. Suddaby on 8/26/2019. (sal)
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Filing 25
TEXT ORDER granting #16 Defendant's letter motion. Defendant's #9 motion to dismiss now applies to Plaintiff's #13 Amended Complaint. SO ORDERED by Chief Judge Glenn T. Suddaby on 8/13/2019. (sal )
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| Filing 24 WAIVER OF SERVICE Returned Executed by Ashton Soniat, Coinmint, LLC. Rex Jacobsma waiver sent on 7/8/2019, answer due 9/6/2019. (Hallak, Elliot) |
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Filing 23
TEXT ORDER: Pursuant to the Text Order entered on 5/30/2019 in Main Mill Street Investments, LLC vs. Coinmint, LLC and Ashton Soniat (Case No. 8:19-cv-328 (GTS/CFH)), that action is deemed the member case and this action, 8:18-cv-1404, is designated as the lead case. See Dkt. No. 38 in member case 8:19-cv-328. All future submissions must be filed in the lead action, 8:18-CV-1404 ONLY. SO ORDERED by Chief Judge Glenn T. Suddaby on 7/9/2019. (sal )
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| Filing 22 NOTICE of Appearance by Gabriella Levine on behalf of Rex Jacobsma, Main Mill Street Investments, LLC (Levine, Gabriella) |
| Filing 21 MEMORANDUM OF LAW re #16 Letter Request/Motion Defendants' Reply Memorandum of Law in Further Support of #9 Motion to Dismiss the Amended Complaint filed by Rex Jacobsma, Main Mill Street Investments, LLC. (Crain, Jon) |
| Filing 20 RESPONSE in Opposition re #9 MOTION to Dismiss the Complaint, #16 Letter Motion from Jon Crain, Esq. for Main Mill Street Investments, LLC requesting Application of motion to dismiss to amended complaint submitted to Judge Suddaby filed by Coinmint, LLC. (Da Silva, Rodrigo) |
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Filing 19
TEXT ORDER granting #17 Defendant's Rex Jacobsma's Letter Request to join the #9 Defendant Main Mill Street Investments, LLC's Motion to Dismiss, and said motion to dismiss shall now be deemed filed on his behalf without having to re-file an identical motion. Plaintiff's response to the #9 Motion remains due by 3/4/19. Both Defendants reply due by 3/11/19. SO ORDERED by Chief Judge Glenn T. Suddaby on 2/15/19. (lmw)
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| Filing 18 NOTICE of Appearance by Jon E. Crain, Jr on behalf of Rex Jacobsma (Crain, Jon) |
| Filing 17 Letter Motion from Jon E. Crain, Esq. for Main Mill Street Investments, LLC requesting Defendant Jacobsma be deemed to join in pending motion to dismiss submitted to Judge Subbady . (Crain, Jon) |
| Filing 16 Letter Motion from Jon Crain, Esq. for Main Mill Street Investments, LLC requesting Application of motion to dismiss to amended complaint submitted to Judge Suddaby . (Crain, Jon) |
| Filing 15 Summons Issued as to Rex Jacobsma. (see) |
| ***Answer due date updated for Main Mill Street Investments, LLC answer due 2/22/2019. (see) |
| TEXT NOTICE #9 MOTION to Dismiss the Complaint : Defendant's motion now applies to Plaintiff's #13 Amended Complaint. Motion set for 3/21/2019 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Plaintiff's Response to Motion due by 3/4/2019. Defendant's Reply to Response to Motion due by 3/11/2019. (lmw) |
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Filing 14
TEXT ORDER staying the parties' briefing on Defendant's #9 motion to dismiss and directing Defendant to advise the Court in writing, by the end of Friday, February 15, 2019, what portions of its motion to dismiss, if any, remain pending following the filing of Plaintiff's Amended Complaint. Should the Court decide that some portion of Defendant's motion survives Plaintiff's Amended Complaint, the Court will lift the stay on briefing. SO ORDERED by Chief Judge Glenn T. Suddaby on 2/11/19. (lmw)
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| Filing 13 AMENDED COMPLAINT against Main Mill Street Investments, LLC filed by Coinmint, LLC.(Da Silva, Rodrigo) |
| Filing 12 TEXT ONLY COURT NOTICE re #9 MOTION to Dismiss the Complaint: The Rule 16 Initial Conference scheduled for March 4, 2019 at 9:30 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (tab) |
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Filing 11
TEXT ORDER granting #10 Plaintiff's Motion for Extension of Time to File Response to #9 Motion to Dismiss: Plaintiff's Response to Motion due by 2/8/2019. Defendant's Reply to Response to Motion due by 2/15/2019. SO ORDERED by Chief Judge Glenn T. Suddaby on 1/25/19. (lmw)
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| Filing 10 MOTION for Extension of Time to File Response/Reply filed by Coinmint, LLC. Motions referred to Christian F. Hummel. (Da Silva, Rodrigo) |
| TEXT NOTICE on #9 MOTION to Dismiss the Complaint : Motion set for 2/21/2019 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Response to Motion due by 2/4/2019. Reply to Response to Motion due by 2/11/2019. (lmw) |
| Filing 9 MOTION to Dismiss the Complaint Motion Hearing set for 2/21/2019 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 2/4/2019 Reply to Response to Motion due by 2/11/2019. filed by Main Mill Street Investments, LLC. (Attachments: #1 Declaration, #2 Exhibit(s) Ex A Complaint, #3 Exhibit(s) Ex B Letter to Plaintiff dated 3/29/17, #4 Exhibit(s) Ex C Notice to Plaintiff dated 9/4/18, #5 Exhibit(s) Ex D Notice of Termination of Lease dated 11/29/18, #6 Memorandum of Law) (Crain, Jon) |
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Filing 8
TEXT ORDER granting #7 Letter Request to extend answer deadline. Main Mill Street Investments, LLC answer due 1/18/2019. Authorized by Magistrate Judge Christian F. Hummel on 1/4/2019. (tab)
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| Filing 7 Letter Motion from Jon E. Crain for Main Mill Street Investments, LLC requesting Extension of time to answer complaint or otherwise move submitted to Judge Magistrage Christian F. Hummel . (Crain, Jon) |
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Filing 6
ORDER approving #4 Stipulation filed by Coinmint, LLC for substitution of counsel. Signed by Magistrate Judge Christian F. Hummel on 12/26/2018. (tab)
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| Filing 5 NOTICE of Appearance by Rodrigo Da Silva on behalf of Coinmint, LLC (Da Silva, Rodrigo) |
| Filing 4 STIPULATION OF SUBSTITUTION OF COUNSEL by Coinmint, LLC submitted to Judge Glenn T. Suddaby. (Da Silva, Rodrigo) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/4/2019 at 09:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/25/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) |
| Filing 2 Summons Issued as to Main Mill Street Investments, LLC. (see) |
| Filing 1 COMPLAINT against Main Mill Street Investments, LLC (Filing fee $400 receipt number ANYNDC-4580683) filed by Coinmint, LLC. (Attachments: #1 Civil Cover Sheet)(see) |
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