Taub v. Arrayit Corporation et al
Plaintiff: Taub, Reuben Taub, Irwin L. Zalcberg and Irwin Zalcberg Profit Sharing Plan
Defendant: Arrayit Corporation, Mark Schena, Todd Martinksy, TIMOTHY WONG and Renee Schena
Case Number: 1:2015cv01366
Filed: February 25, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Andrew L Carter
Referring Judge: James L Cott
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 oc
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2018 Filing 188 MEMO ENDORSEMENT on re: #187 Letter filed by Todd Martinksy, Arrayit Corporation, Mark Schena, Renee Schena. ENDORSEMENT: The application is denied. (Signed by Judge Andrew L. Carter, Jr on 11/9/2018) (jca)
November 8, 2018 Filing 187 LETTER addressed to Judge Andrew L. Carter, Jr. from Timothy Wong dated November 6, 2018 re: Taub et al v Arrayit Corp. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena.(Wong, Timothy)
November 7, 2018 Filing 186 LETTER addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated November 7, 2018 re: Response to Letter dated November 6, 2018. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
November 2, 2018 Filing 185 DECLARATION of Ronald G. Quintero in Support re: #166 MOTION for Partial Summary Judgment .. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
November 2, 2018 Filing 184 DECLARATION of Philip E. Ruben, Esq. in Support re: #166 MOTION for Partial Summary Judgment .. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
November 2, 2018 Filing 183 DECLARATION of Larry D. Blust in Support re: #166 MOTION for Partial Summary Judgment .. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
November 2, 2018 Filing 182 REPLY AFFIRMATION of Ira Daniel Tokayer, Esq. in Support re: #166 MOTION for Partial Summary Judgment .. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F, #4 Exhibit G, #5 Exhibit H, #6 Exhibit I)(Tokayer, Ira)
November 2, 2018 Filing 181 REPLY AFFIRMATION of Reuben Taub in Support re: #166 MOTION for Partial Summary Judgment .. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tokayer, Ira)
November 2, 2018 Filing 180 REPLY MEMORANDUM OF LAW in Support re: #166 MOTION for Partial Summary Judgment . . Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
October 11, 2018 Filing 179 NOTICE of ECF Technical Filing Issue re: #176 Declaration in Opposition to Motion,,. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Wong, Timothy)
October 9, 2018 Filing 178 MEMORANDUM OF LAW in Opposition re: #166 MOTION for Partial Summary Judgment . . Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Wong, Timothy)
October 9, 2018 Filing 177 RULE 56.1 STATEMENT. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Wong, Timothy)
October 8, 2018 Filing 176 DECLARATION of Rene Schena in Opposition re: #166 MOTION for Partial Summary Judgment .. Document filed by Renee Schena. (Attachments: #1 Exhibit emails R Schena and F Herd, #2 Exhibit 10Q March 31, 2015, #3 Exhibit William Sklar email, #4 Exhibit 8K April 10, 2012, #5 Exhibit Exh 41 from Zalcberg deposition, #6 Exhibit exh 29 from Zalcberg depostion, #7 Exhibit exh 28 from Zalcberg deposition, #8 Exhibit Taub and Zalcberg depositions, #9 Exhibit taub to izzy strategy, #10 Exhibit Rebuttal report of Shawn Fox)(Wong, Timothy)
September 5, 2018 Filing 175 DECLARATION of Brian Kinnerk in Support re: #166 MOTION for Partial Summary Judgment .. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
September 5, 2018 Filing 174 DECLARATION of Philip E. Ruben, Esq. in Support re: #166 MOTION for Partial Summary Judgment .. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Attachments: #1 Exhibit A)(Tokayer, Ira)
September 5, 2018 Filing 173 DECLARATION of Irwin L. Zalcberg in Support re: #166 MOTION for Partial Summary Judgment .. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
September 5, 2018 Filing 172 DECLARATION of Reuben Taub in Support re: #166 MOTION for Partial Summary Judgment .. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
September 5, 2018 Filing 171 DECLARATION of Ira Daniel Tokayer, Esq. in Support re: #166 MOTION for Partial Summary Judgment .. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z)(Tokayer, Ira)
September 5, 2018 Filing 170 RULE 56.1 STATEMENT. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
September 5, 2018 Filing 169 MEMORANDUM OF LAW in Support re: #166 MOTION for Partial Summary Judgment . . Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
September 4, 2018 Filing 168 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE [171-175] Declaration(s)) - MOTION for Partial Summary Judgment . Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. Responses due by 10/5/2018 Return Date set for 11/19/2018 at 09:30 AM. (Attachments: #1 Rule 56.1 Statement, #2 Memorandum of Law, #3 Tokayer Declaration, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit T, #24 Exhibit U, #25 Exhibit V, #26 Exhibit W, #27 Exhibit X, #28 Exhibit Y, #29 Exhibit Z, #30 Taub Declaration, #31 Zalcberg Declaration, #32 Ruben Declaration, #33 Exhibit A, #34 Kinnerk Declaration)(Tokayer, Ira) Modified on 9/5/2018 (db).
September 4, 2018 Filing 167 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #169 Memorandum) - MOTION for Partial Summary Judgment . Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. Responses due by 10/5/2018 Return Date set for 11/19/2018 at 09:30 AM. (Attachments: #1 Rule 56.1 Statement, #2 Memorandum of Law, #3 Affidavit Tokayer Declaration, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit T, #24 Exhibit U, #25 Exhibit V, #26 Exhibit W, #27 Exhibit X, #28 Exhibit Y, #29 Exhibit Z, #30 Affidavit Taub Declaration, #31 Affidavit Zalcberg Declaration, #32 Affidavit Ruben Declaration, #33 Affidavit Kinnerk Declaration)(Tokayer, Ira) Modified on 9/5/2018 (db).
September 4, 2018 Filing 166 MOTION for Partial Summary Judgment . Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. Responses due by 10/5/2018 Return Date set for 11/19/2018 at 09:30 AM.(Tokayer, Ira)
July 2, 2018 Filing 165 ANSWER to #160 Counterclaim. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
June 27, 2018 Filing 164 MEMO ENDORSEMENT on re: #163 Status Report filed by Reuben Taub, Irwin L. Zalcberg, Irwin Zalcberg Profit Sharing Plan. ENDORSEMENT: The application is granted. (Motions due by 9/5/2018. Cross Motions due by 10/5/2018. Responses due by 11/2/2018. Replies due by 11/16/2018.) (Signed by Judge Andrew L. Carter, Jr on 6/27/2018) (jwh)
June 26, 2018 Filing 163 STATUS REPORT. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
June 11, 2018 Filing 162 AFFIDAVIT of Mark Schena re: #160 Answer to Complaint, Counterclaim . Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Wong, Timothy)
June 11, 2018 Filing 161 AFFIDAVIT of Rene Schena re: #160 Answer to Complaint, Counterclaim . Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Wong, Timothy)
June 11, 2018 Filing 160 ANSWER to Complaint., COUNTERCLAIM against All Plaintiffs. Document filed by Renee Schena, Arrayit Corporation, Todd Martinksy, Mark Schena.(Wong, Timothy)
May 24, 2018 Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Status Conference held on 5/24/2018. Ira Tokayer for Plaintiff(s). Timothy Wong and David Sayed for Defendant(s). See Docket No. 159. (tdh)
May 24, 2018 Opinion or Order Filing 159 ORDER: Accordingly, the deadline for Defendants' answer to the existing complaint is set to June 11, 2018. Parties are also hereby ORDERED to submit a Joint Status Report on June 26, 2018. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/24/2018) (anc)
May 21, 2018 Filing 158 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/30/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 21, 2018 Filing 157 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/30/2018 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. 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. Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/20/2018.(McGuirk, Kelly)
May 18, 2018 Opinion or Order Filing 156 ORDER granting #154 Letter Motion for Extension of Time to Amend. Application GRANTED. Deadline for Plaintiffs' amended complaint reset to May 25, 2018. Amended Pleadings due by 5/25/2018. (Signed by Judge Andrew L. Carter, Jr on 5/18/2018) (cf)
May 18, 2018 Filing 155 STATUS REPORT. Joint Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
May 18, 2018 Filing 154 LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated May 18, 2018. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
May 14, 2018 Opinion or Order Filing 153 ORDER: Parties are ordered to appear via telephone for a conference on May 24, 2018 at noon to discuss parties' dispute regarding consent to have trial before Magistrate Judge Cott. SO ORDERED. Telephone Conference set for 5/24/2018 at 12:00 PM before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 5/14/2018) (rj)
May 7, 2018 Filing 152 LETTER MOTION to Compel Defendants to Execute Consent Form addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated May 7, 2018. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Attachments: #1 Exhibit A, #2 Exhibit B)(Tokayer, Ira)
May 4, 2018 Filing 151 RESPONSE Non-Consent. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Wong, Timothy)
April 30, 2018 Opinion or Order Filing 150 ORDER: Pursuant to the conference held before the Court on April 30, 2018, Plaintiffs are granted leave to amend their complaint consistent with the Court's order dated April 4, 2018. ECF 145. The deadline for filing the amended complaint is set to May 21, 2018. Defendants' answer to the amended complaint is due by June 11, 2018. Parties are also ordered to file a consent form confirming their decision to have trial before Magistrate Judge Cott by May 7, 2018. Finally, parties are requested to file a Joint Status Report to the Court by May 21, 2018. (Amended Pleadings due by 5/21/2018.) (Signed by Judge Andrew L. Carter, Jr on 4/30/2018) (cf)
April 30, 2018 Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Status Conference held on 4/30/2018. Ira Tokayer for Plaintiff(s). Timothy Wong and David Sayid for Defendant(s). Consent re: breach of contract claim due 5/7/2018. Amended Complaint due by 5/21/2018. Answer due 6/11/2018. Joint Status Report due by 5/21/2018. (Court Reporter: Sam Mauro)(tdh)
April 27, 2018 Opinion or Order Filing 149 ORDER: Due to a change in the Court's schedule, the status conference currently scheduled for April 30, 2018 at 10:15 a.m. has been rescheduled to 12:00 p.m. Both parties shall appear in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. (Status Conference set for 4/30/2018 at 12:00 PM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 4/27/2018) (ras)
April 27, 2018 Filing 148 LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Timothy K. Wong, Esq. dated April 27, 2018 re: #146 LETTER MOTION to Adjourn Conference scheduled for April 30, 2018 addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated April 16, 2018. . Document filed by Arrayit Corporation, Mark Schena, Renee Schena. (Attachments: #1 Exhibit Ex. A: Nov 19-Dec 5 2013 Damages)(Wong, Timothy)
April 23, 2018 Filing 147 LETTER addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated April 23, 2018 re: Wthdrawal of Request to Adjourn Conference. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
April 16, 2018 Filing 146 LETTER MOTION to Adjourn Conference scheduled for April 30, 2018 addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated April 16, 2018. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tokayer, Ira)
April 4, 2018 Opinion or Order Filing 145 ORDER: The Court will also hold a status conference in this matter on April 30, 2018, at 10:15 a.m. The parties shall appear in person at the Thurgood Marshall United States Courthouse, 40 Foley Square, Courtroom 1306. SO ORDERED. Status Conference set for 4/30/2018 at 10:15 AM in Courtroom 1306, 40 Foley Square, New York, NY 10007 before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 4/4/2018) (rj)
December 28, 2017 Filing 144 LETTER addressed to Judge Andrew L. Carter, Jr. from Timothy K. Wong, Esq. dated 12/28/2017 re: Arrayit Corporation. Document filed by Arrayit Corporation. (Attachments: #1 Exhibit Schena Declaration, #2 Exhibit Board Resolutions, #3 Exhibit Letters Regarding Shares, #4 Exhibit Subscription Agreement, #5 Exhibit Email and Presentation)(Wong, Timothy)
December 14, 2017 Filing 143 LETTER addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated December 14, 2017 re: Letter Brief re Plan' Fraud Claim. Document filed by Irwin Zalcberg Profit Sharing Plan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5)(Tokayer, Ira)
November 30, 2017 Opinion or Order Filing 142 ORDER granting #134 Motion for Reconsideration. For the foregoing reasons, Plaintiff's motion for reconsideration is granted. Because it is not clear whether dismissal or stay of the Plan's fraud claim is warranted, Plaintiffs are directed to within two weeks of the date of this order to make a showing via letter brief of no more than three pages that there is a viable, non-arbitrable post-Rescission Agreement fraud claim and may include additional affidavits or declarations. Defendants shall have two weeks after to respond and may include additional affidavits or declarations. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/30/2017) (rj)
July 13, 2017 Opinion or Order Filing 141 ORDER: The Court is in receipt of Plaintiffs' letter dated July 5, 2017 requesting a pre-motion conference to address plaintiffs' motion, pursuant to Fed. R. Civ P. 42(b), for a separate trial of plaintiffs' claim for defendants' breach of a Contribution Agreement. Plaintiffs' request is premature since the Court's decision on the Plaintiffs motion for reconsideration is pending. Accordingly, Plaintiffs' request is DENIED without prejudice. The Court is also in receipt of Defendants' letter dated July 11, 2017 requesting leave to file a motion for summary judgment on plaintiffs' contract claim. Similarly, this request is premature for the same reason. Accordingly, Defendants' request is DENIED without prejudice. (Signed by Judge Andrew L. Carter, Jr on 7/13/2017) (ap)
July 12, 2017 Filing 140 LETTER addressed to Judge Andrew L. Carter, Jr. from Timothy K. Wong, Esq. dated July 11, 2017 re: Response to Plaintiff's Letter Dated July 5, 2017. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena.(Wong, Timothy)
July 12, 2017 Filing 139 LETTER addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated July 12, 2017 re: Response to Defendants' Letter dated July 11, 2017. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
July 5, 2017 Filing 138 LETTER addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated July 5, 2017 re: Pre-Motion Conference. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
June 9, 2017 Filing 137 REPLY MEMORANDUM OF LAW in Support re: #134 MOTION for Reconsideration . . Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
May 26, 2017 Filing 136 MEMORANDUM OF LAW in Opposition re: #134 MOTION for Reconsideration . . Document filed by TIMOTHY WONG. (Wong, Timothy)
April 26, 2017 Filing 135 MEMORANDUM OF LAW in Support re: #134 MOTION for Reconsideration . . Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
April 26, 2017 Filing 134 MOTION for Reconsideration . Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
April 5, 2017 Filing 133 NOTICE OF CHANGE OF ADDRESS by Timothy Kai-Chiu Wong on behalf of TIMOTHY WONG. New Address: Adler & Wong, PLLC, 44 Wall St. 12th Fl., New York, NY, USA 10005, 2124004848. (Wong, Timothy)
April 4, 2017 Opinion or Order Filing 132 ORDER granting #131 Letter Motion for Extension of Time. PLAINTIFFS' REQUEST IS GRANTED. (Motions due by 4/28/2017.) (Signed by Judge Andrew L. Carter, Jr on 4/4/2017) (ras)
April 4, 2017 Set/Reset Deadlines: Responses due by 5/26/2017. Replies due by 6/9/2017. (ras)
April 3, 2017 Filing 131 LETTER MOTION for Extension of Time to move for reconsideration and reargument addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated April 3, 2017. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
March 29, 2017 Opinion or Order Filing 130 ORDER granting in part and denying in part #75 Motion to Dismiss. For the reasons described above, Defendants' motion to dismiss is GRANTED in part and DENIED in part. ECF No. 75. Specifically, Plaintiffs' third cause of action is DISMISSED. Defendants' motion to dismiss Plaintiffs' claims for the appointment of a receiver and injunctive relief is denied. Plaintiffs are ordered to amend the Amended Complaint to clarify their grounds for seeking the punitive damages and identify the exact allegations they believe give rise to the claim. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/29/2017) (anc)
February 28, 2017 Filing 129 LETTER addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated February 28, 2017 re: Pre-Trial Conference. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Attachments: #1 Exhibit Joint Pre-Trial Order)(Tokayer, Ira)
December 7, 2016 Filing 128 MEMO ENDORSEMENT on re: #127 Letter filed by Reuben Taub. ENDORSEMENT: Application granted. The schedule set forth herein is approved. ( Expert Discovery due by 12/30/2016., Motions due by 2/28/2017.) (Signed by Magistrate Judge James L. Cott on 12/7/2016) (kgo)
December 7, 2016 Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 12/7/2016. (Tam, David)
December 5, 2016 Filing 127 LETTER addressed to Magistrate Judge James L. Cott from Ira Daniel Tokayer, Esq. dated December 5, 2016 re: Proposed Schedule. Document filed by Reuben Taub.(Tokayer, Ira)
November 14, 2016 Opinion or Order Filing 126 ORDER granting #125 Letter Motion for Extension of Time to Complete Discovery. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
November 11, 2016 Filing 125 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James L. Cott from Ira Daniel Tokayer, Esq. dated November 11, 2016. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
September 20, 2016 Opinion or Order Filing 124 ORDER: As discussed at today's conference, plaintiffs' expert report on the contract claim must be served by September 23, 2016. If defendants retain an expert for this claim, their rebuttal expert report must be served by October 28, 2016. Expert depositions on contractual issues must be completed by November 18, 2016. The Court will hold a telephone status conference on December 7, 2016 at 11 a.m. to determine whether to schedule further discovery with respect to the fraud claim (if this claim has not been dismissed) or to set a schedule for any motion practice. To that end, no later than December 5, 2016, the parties should submit a proposed schedule to the Court. At the time of the conference, the parties are directed to call chambers at (212) 805-0250 with both sides on the line. If Judge Carter decides defendants' motion for partial dismissal before the telephone conference, the parties shall meet and confer to discuss the modification of this schedule in light of the decision if appropriate (that is, if the fraud claim remains in the case). The parties shall then file a joint letter with a proposed revised schedule to account for any additional fact discovery with respect to the fraud claim as well as any expert discovery related thereto no later than two weeks after Judge Carter's decision is issued. The above deadlines, which supersede those in the Court's Order dated June 15, 2016 (Dkt. No. 103), will not be extended under any circumstances. Deposition due by 11/18/2016. Telephone Conference set for 12/7/2016 at 11:00 AM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 9/20/2016) (kgo)
September 19, 2016 Filing 123 NOTICE OF APPEARANCE by Timothy Kai-Chiu Wong on behalf of Arrayit Corporation, TIMOTHY WONG. (Wong, Timothy)
September 1, 2016 Filing 122 MEMO ENDORSEMENT on re: #120 Letter, filed by Todd Martinksy, Arrayit Corporation, Mark Schena, Renee Schena. ENDORSEMENT: Having reviewed this request for additional time to engage substitute counsel as well as plaintiff's response filed today, the Court will give defendants until SEPTEMBER 19 to retain new counsel and/or (except Arrayit) proceed pro se. There will be no further extensions. (Signed by Magistrate Judge James L. Cott on 9/1/2016) Copies E-Mailed By Chambers. (kgo)
September 1, 2016 Filing 121 LETTER addressed to Magistrate Judge James L. Cott from Ira Daniel Tokayer, Esq. dated September 1, 2016 re: Response to Defendants' Letter dated August 30, 2016. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
August 30, 2016 Filing 120 LETTER addressed to Magistrate Judge James L. Cott from Mark A. Schena, Rene A. Schena, and Todd J. Martinsky dated 8/30/2016 re: We respectfully request that the Court grant us until September 30th to engage substitute counsel. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena.(kgo)
August 19, 2016 Filing 119 NOTICE OF CHANGE OF ADDRESS by Lewis P. Trippett on behalf of All Defendants. New Address: Higgins & Trippett LLP, 1120 Avenue of the Americas, Fourth Floor, New York, New York, United States 10022, 212-840-8334. (Trippett, Lewis)
August 16, 2016 Filing 118 NOTICE OF CHANGE OF ADDRESS by Lewis P. Trippett on behalf of All Defendants. New Address: Higgins & Trippett LLP, 1120 Avenue of the Americas, Fourth Floor, New York, New York, USA 10036, 212-840-8334. (Trippett, Lewis)
August 5, 2016 Filing 117 SEALED DOCUMENT placed in vault.(rz)
August 5, 2016 Filing 116 AFFIDAVIT OF SERVICE of Aff. of Service served on Arrayit Corporation, Rene Schena, Mark Schena, Todd Martinsky on August 4, 2016. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Trippett, Lewis)
August 4, 2016 Opinion or Order Filing 115 MEMORANDUM ORDER: For all of these reasons, the motion to withdraw is granted, and a retaining lien is fixed in the amount of $89,010.52. Arrayit, as a corporate defendant, must appear by new counsel within 30 days of the date of this Memorandum Order, as a corporation must, by law, be represented by counsel. See, e.g., Hounddog Prods., LLC v. Empire Film Grp., Inc., 767 F. Supp. 2d480, 486 (S.D.N.Y. 2011) ("It is well settled that corporations can only appear in court through an attorney, and may not proceed pro se.") (citing cases). If Arrayit fails to retain new counsel, plaintiffs may seek a default judgment against it. Individual defendants Mark Schena, Rene Schena, and Todd Martinsky may appear by counsel or, alternatively, proceed pro se. Regardless, they must advise the Court within 30 days of their intentions. Trippett is directed to deliver a copy of this Memorandum Order to all defendants immediately and to file a certificate of service to that effect. Once successor counsel is in place or, alternatively, the individual defendants decide to proceed pro se, the parties are directed to contact chambers to schedule a status conference. Given the disposition of the motion to withdraw, all discovery is stayed until further order of the Court. (Signed by Magistrate Judge James L. Cott on 8/4/2016) (kgo)
August 4, 2016 Filing 114 AFFIDAVIT OF SERVICE of Letter and Attachements served on Arrayit Corporation, Rene Schena, Mark Schena, Todd Martinsky on July 25, 2016. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Trippett, Lewis)
August 4, 2016 Minute Entry for proceedings held before Magistrate Judge James L. Cott: Interim Pretrial Conference held on 8/4/2016. (Court Reporter Linda Fisher) (Tam, David)
July 28, 2016 Filing 113 CERTIFICATE OF SERVICE of Motion to Withdraw served on Arrayit, Rene Schena, Mark Schena, Todd Martinksy on July 19, 2016. Service was made by Mail. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Trippett, Lewis)
July 26, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Lewis P. Trippett to RE-FILE Document #109 MOTION for Lewis P. Trippett to Withdraw as Attorney Affirmation of Service. Use the event type Certificate of Service Other found under the event list Service of Process. (db)
July 22, 2016 Opinion or Order Filing 112 ORDER: Counsel for defendants, Lewis P. Trippett, Esq., has notified the Court that he is unable to attend the hearing currently scheduled for July 28, 2016 because of a scheduling conflict. Accordingly, the Court reschedules the hearing for 2:30 p.m. on August 4, 2016 in Courtroom 21D, United States Courthouse, 500 Pearl Street, New York, New York. The Court is aware that plaintiffs' counsel may be unavailable due to a scheduling conflict of his own, but the Court will proceed without him if necessary mindful of plaintiffs' desire to have the motion resolved as soon as possible and given that the hearing concerns a dispute between defendants and their counsel. Again, if the defendants wish to participate by telephone, they should promptly advise the Court and provide a number at which to reach them. Trippett is directed to immediately provide copies of this order to all defendants. Status Conference set for 8/4/2016 at 02:30 PM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 7/22/2016) (kgo)
July 21, 2016 Opinion or Order Filing 111 ORDER: In light of these developments, the Court will hold a hearing at 3:30 p.m. on July 28,2016 in Courtroom 21D, United States Courthouse, 500 Pearl Street, New York, New York. If the individual defendants wish to participate by telephone, they should promptly advise the Court and provide a number at which to reach them. While plaintiffs' counsel may attend the hearing, it may be necessary to conduct some of the proceedings in camera. If Trippett wishes to respond to his clients' submission, he must do so by July 25, 2016. Copies of any response should be served on his clients, and proof of such service should be submitted to the Court. Trippett is directed to immediately provide copies of this order to all defendants. Status Conference set for 7/28/2016 at 03:30 PM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 7/21/2016) (kgo)
July 21, 2016 Filing 110 MEMORANDUM OF LAW in Support re: #106 Order to Show Cause,,, for Withdrawal as Attorney. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Trippett, Lewis)
July 21, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Lewis P. Trippett to RE-FILE Document #107 MOTION for Lewis P. Trippett to Withdraw as Attorney . MOTION to Withdraw Reference .. Use the event type Memorandum in Support (non-motion) found under the event list Other Answers, then link to #106 Order. (db)
July 19, 2016 Filing 109 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Lewis P. Trippett to Withdraw as Attorney Affirmation of Service. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena.(Trippett, Lewis) Modified on 7/26/2016 (db).
July 19, 2016 Filing 108 RESPONSE to Motion re: #107 MOTION for Lewis P. Trippett to Withdraw as Attorney . MOTION to Withdraw Reference . . Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
July 14, 2016 Filing 107 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Lewis P. Trippett to Withdraw as Attorney ., MOTION to Withdraw Reference . Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena.(Trippett, Lewis) Modified on 7/21/2016 (db).
July 13, 2016 Opinion or Order Filing 106 ORDER TO SHOW CAUSE filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. Plaintiffs Reuben Taub, Irwin Zalcberg and Irwin Zalcberg Profit Sharing Plain, or their attorneys, Ira Daniel Tokayer, Esq., defendants Arrayit Corporation, Rene Schena, Mark Schena and Todd Martinsky on submission, unless the Court believes a hearing is necessary, shall show cause as to why an Order should not be issued immediately granted permitting Higgins & Tirppet, LLP, the present attorneys of record for defendants Arrayit Corporation, Rene Schena, Mark Schena and Todd Schena, to withdraw as attorney for said defendants for the reasons specified in the Affirmation of Lewis P. Trippet, Esq. for fixing a retaining lien for services rendered and fees incurred by Higgins & Trippet LLP. Pending the determination of this motion all discovery dates and scheduled dates are hereby stayed. (Signed by Magistrate Judge James L. Cott on 7/13/2016) (tro) Modified on 8/15/2016 (tro).
July 13, 2016 Filing 105 SEALED DOCUMENT placed in vault.(rz)
July 12, 2016 Opinion or Order Filing 104 ORDER: Having reviewed in camera the proposed affirmation in support of the motion, I have determined that the confidential information it contains pertains only to the attorney-client relationship between Mr. Trippett and Defendants. Accordingly, the request to file the affirmation under seal and for in camera review is granted. The Clerk of the Court is directed to file the affirmation under seal and maintain it under seal until further order of the Court. (Signed by Magistrate Judge James L. Cott on 7/12/2016) (kgo)
July 12, 2016 Transmission to Sealed Records Clerk. Transmitted re: #104 Order,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (kgo)
June 15, 2016 Opinion or Order Filing 103 ORDER: As discussed at today's conference, plaintiffs' expert report on the contract claim must be served by July 15, 2016. If defendants retain an expert for this claim, their rebuttal expert report must be served by August 15, 2016. Expert depositions on contractual issues must be completed by September 15, 2016. The Court will hold a telephone status conference on September 20, 2016 at 10 a.m. The parties are directed to call chambers at (212) 805-0250 with both sides on the line. If Judge Carter decides defendants' motion for partial dismissal before the telephone conference, the parties shall meet and confer to discuss the modification of this schedule in light of the decision if appropriate (that is, if the fraud claim remains in the case). The parties shall then file a joint letter with a proposed revised schedule to account for any additional fact discovery with respect to the fraud claim as well as any expert discovery related thereto no later than two weeks after Judge Carters decision is issued. Deposition due by 9/15/2016. Telephone Conference set for 9/20/2016 at 10:00 AM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 6/15/2016) (kgo) Modified on 6/15/2016 (kgo).
June 15, 2016 Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 6/15/2016. (Tam, David)
May 10, 2016 Filing 102 MEMO ENDORSEMENT on re: #101 Letter, filed by Reuben Taub, Irwin L. Zalcberg, Irwin Zalcberg Profit Sharing Plan. ENDORSEMENT: Given that the parties have resolved their outstanding discovery dispute, the May 12 conference is adjourned sine die. (Signed by Magistrate Judge James L. Cott on 5/10/2016) (kgo)
May 10, 2016 Filing 101 LETTER addressed to Magistrate Judge James L. Cott from Ira Daniel Tokayer, Esq. dated May 10, 2016 re: Withdrawing Letter Motion dated April 28, 2016 (ECF Doc. No. 98). Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
May 3, 2016 Filing 100 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge James L. Cott from LEWIS P. TRIPPETT dated May 3, 2016 re: #98 LETTER MOTION for Discovery addressed to Magistrate Judge James L. Cott from Ira Daniel Tokayer, Esq. dated April 28, 2016. . Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Attachments: #1 Exhibit Exhibit A - Privilege Logs, #2 Exhibit Exhibit B - Subpoena Duces Tecum, #3 Exhibit Exhibit C - Defendants' Second Document Request)(Trippett, Lewis)
April 28, 2016 Opinion or Order Filing 99 ORDER granting #98 Letter Motion for Conference. The Court will hold a conference, in courtroom 21-D, 500 Pearl Street, on May 12, 2016 at 11 a.m. to address the remaining outstanding discovery issue (related to the emails and billing records of defendants' former attorney). Defendants' response is due by close of business on May 3, 2016. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
April 28, 2016 Filing 98 LETTER MOTION for Discovery addressed to Magistrate Judge James L. Cott from Ira Daniel Tokayer, Esq. dated April 28, 2016. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Tokayer, Ira)
April 14, 2016 Filing 97 REPLY AFFIRMATION of Lewis P. Trippett in Support re: #75 MOTION to Dismiss .. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Attachments: #1 Exhibit Ex. A Brokerage Statements, #2 Exhibit Ex. B Schedule of Stock Sales by The Plan)(Trippett, Lewis)
April 14, 2016 Filing 96 FIRST REPLY MEMORANDUM OF LAW in Support re: #75 MOTION to Dismiss . Renewed motion to dismiss. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Trippett, Lewis)
April 14, 2016 Filing 95 DECLARATION of RENE SCHENA in Support re: #75 MOTION to Dismiss .. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Attachments: #1 Exhibit Ex. A Subscription Agreement Par. 15, #2 Exhibit Ex. B Arrayit Form 10-K 2012, #3 Exhibit Ex. C Arrayit Coverpage for Form 10-K 2013)(Trippett, Lewis)
April 13, 2016 Opinion or Order Filing 94 ORDER denying without prejudice #91 Letter Motion for Discovery. On April 8, 2016, Plaintiffs wrote a letter to the Court seeking a conference for their anticipated motion to compel certain outstanding discovery from Defendants. (Dkt. No. 91). Defendants replied to this letter on April 11, 2016 and requested that the Court deny Plaintiffs' motion until the parties could have a more meaningful meet and confer, which Defendants are hopeful will resolve many of the issues. (Dkt. No. 93). The parties are directed to meet and confer in an attempt to resolve these issues by April 22, 2016. If any issues remain unresolved, then Plaintiffs must renew their application by April 29, 2016. Accordingly, Plaintiffs' motion is denied without prejudice, and the Clerk of Court is directed to close docket entry 91. (Signed by Magistrate Judge James L. Cott on 4/13/2016) (kgo)
April 11, 2016 Filing 93 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge James L. Cott from LEWIS P. TRIPPETT dated 04-11-2016 re: #91 LETTER MOTION for Discovery addressed to Magistrate Judge James L. Cott from Ira Daniel Tokayer, Esq. dated April 8. 2016. . Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Trippett, Lewis)
April 10, 2016 Filing 92 LETTER addressed to Magistrate Judge James L. Cott from Ira Daniel Tokayer, Esq. dated April 10, 2016 re: Addendum to Letter Motion Seeking Pre-Hearing Conference dated April 8, 2016. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
April 8, 2016 Filing 91 LETTER MOTION for Discovery addressed to Magistrate Judge James L. Cott from Ira Daniel Tokayer, Esq. dated April 8. 2016. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Tokayer, Ira)
April 5, 2016 Opinion or Order Filing 90 ORDER granting #89 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. (Signed by Judge Andrew L. Carter, Jr on 4/5/2016) (kko)
April 4, 2016 Filing 89 LETTER MOTION for Extension of Time to File Response/Reply as to #83 Memo Endorsement, Set Motion and R&R Deadlines/Hearings,, REQUEST EXTENSION FOR REPLY addressed to Judge Andrew L. Carter, Jr. from LEWIS P. TRIPPETT dated 04/04/16. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena.(Trippett, Lewis)
March 29, 2016 Filing 88 DECLARATION of Ira Daniel Tokayer in Opposition re: #75 MOTION to Dismiss .. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tokayer, Ira)
March 29, 2016 Filing 87 DECLARATION of Philip E. Ruben in Opposition re: #75 MOTION to Dismiss .. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
March 29, 2016 Filing 86 DECLARATION of Irwin Zalcberg in Opposition re: #75 MOTION to Dismiss .. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Attachments: #1 Exhibit A)(Tokayer, Ira)
March 29, 2016 Filing 85 DECLARATION of Reuben Taub in Opposition re: #75 MOTION to Dismiss .. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Tokayer, Ira)
March 29, 2016 Filing 84 MEMORANDUM OF LAW in Opposition re: #75 MOTION to Dismiss . . Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
March 15, 2016 Filing 83 MEMO ENDORSEMENT on re: #82 Letter, filed by Reuben Taub, Irwin L. Zalcberg, Irwin Zalcberg Profit Sharing Plan. ENDORSEMENT: Application GRANTED. Set Deadlines/Hearing as to #82 Letter, #75 MOTION to Dismiss: Responses due by 3/29/2016, Replies due by 4/7/2016. (Signed by Judge Andrew L. Carter, Jr on 3/15/2016) (tn)
March 14, 2016 Filing 82 LETTER addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated March 14, 2016 re: Extension of Time to Submit Opposition and Reply Papers on Motion. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
March 7, 2016 Opinion or Order Filing 81 ORDER granting #74 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. Replies due by 3/28/2016. (Signed by Judge Andrew L. Carter, Jr on 3/7/2016) (kgo)
March 7, 2016 Filing 80 MEMORANDUM OF LAW in Support re: #75 MOTION to Dismiss . . Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Trippett, Lewis)
March 7, 2016 Filing 79 DECLARATION of Rene Schena in Support re: #75 MOTION to Dismiss .. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Attachments: #1 Exhibit Ex. A Excerpt of PPM, #2 Exhibit Ex. B Stock Price Quote)(Trippett, Lewis)
March 7, 2016 Filing 78 DECLARATION of Philip E. Ruben in Support re: #75 MOTION to Dismiss .. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Trippett, Lewis)
March 7, 2016 Filing 77 AFFIRMATION of Lewis P. Trippett in Support re: #75 MOTION to Dismiss .. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Attachments: #1 Exhibit Ex. A Amended Complaint, #2 Exhibit Ex. B First Lawsuit Summons, #3 Exhibit Ex. C Contribution Agreement, #4 Exhibit Ex. D Notice of Discontinuance, #5 Exhibit Ex. E Summons with Notice, #6 Exhibit Ex. F Complaint 3-31-15, #7 Exhibit Ex. G Tokayer Letter to Court 6-12-15, #8 Exhibit Ex. H Order Denying Prelim. Injunction)(Trippett, Lewis)
March 7, 2016 Filing 76 DECLARATION of Rene Schena in Support re: #75 MOTION to Dismiss .. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Attachments: #1 Exhibit Ex. A Mutual Releases, #2 Exhibit Ex. B 10-Q 5-20-15, #3 Exhibit Ex. C Rescission Agreements, #4 Exhibit Ex. D Form 10-K Note 7, #5 Exhibit Ex. E Form 10-K Excerpt, #6 Exhibit Ex. F Emails re OvaDx, #7 Exhibit Ex. G Stock Quote)(Trippett, Lewis)
March 7, 2016 Filing 75 MOTION to Dismiss . Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena.(Trippett, Lewis)
March 4, 2016 Filing 74 LETTER MOTION for Extension of Time to File Response/Reply SET DATE FOR MOTION REPLY PAPERS addressed to Judge Andrew L. Carter, Jr. from LEWIS P. TRIPPETT dated 03-04-2016. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena.(Trippett, Lewis)
March 3, 2016 Opinion or Order Filing 73 ORDER granting #67 Letter Motion to Stay. The Court grants Defendants' request and hereby extends non-party discovery to June 9, 2016. In addition, all remaining non-party discovery related to the fraud claim is stayed until further order of the Court. After Judge Carter decides the renewed motion for partial dismissal, a revised discovery schedule will be set depending on the status of the fraud claim. The status conference scheduled for June 15, 2016 at 10:00 a.m. remains in place. Dkt. No. 66. The Clerk of Court is directed to close docket entry 67. (Signed by Magistrate Judge James L. Cott on 3/3/2016) (spo)
March 3, 2016 Filing 72 LETTER addressed to Magistrate Judge James L. Cott from Ira Daniel Tokayer, Esq. dated March 3, 2016 re: Defendants' Letter for an Extension of End-Date for Discovery. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
March 3, 2016 Set/Reset Deadlines: Discovery due by 6/9/2016. (spo)
March 2, 2016 Filing 71 LETTER addressed to Magistrate Judge James L. Cott from Lewis P. Trippett dated 3/1/2016 re: I request that the date for non-party discovery to be completed be extended to June 9th. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (kgo)
February 29, 2016 Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Status Conference held on 2/29/2016. Ira D. Tokayer for Plaintiff(s). Lewis P. Trippett for Defendant(s). The parties are directed to proceed with the deposition in Orlando; however, they should not proceed with the deposition in Arizona. (tdh)
February 26, 2016 Opinion or Order Filing 70 ORDER DENYING WITHOUT PREJUDICE MOTION TO DISMISS AND SETTING TELEPHONE STATUS CONFERENCE denying without prejudice #46 Motion to Dismiss; with respect to #67 Letter Motion to Stay: that defendants' partial motion to dismiss is DENIED without prejudice. (ECF No. 46.) Defendants should submit a renewed motion to dismiss, incorporating choice of law arguments, on or before March 7, 2016. Plaintiffs' response is due on before March 21, 2016. To address the parties' concerns regarding the scope of ongoing discovery, the Court will conduct a telephone status conference on February 29, 2016 at 3:30 p.m. (ECF No. 67.) Plaintiff should initiate the call to the other parties, and once all relevant parties are on the line, should contact the Court at (212) 805-0141 on the date and time specified above. (Signed by Judge Andrew L. Carter, Jr on 2/25/2016) (tn)
February 26, 2016 Set/Reset Hearings: Telephone Conference set for 2/29/2016 at 03:30 PM before Judge Andrew L. Carter Jr. (tn)
February 26, 2016 Set/Reset Deadlines: Motions due by 3/7/2016. Responses due by 3/21/2016 (tn)
February 19, 2016 Opinion or Order Filing 69 ORDER: The Court has received defendants' letter motion to stay nonparty discovery and plaintiffs' response. To address this matter, the Court will hold telephone conference in this case on February 22, 2016 at 2:30 p.m. The parties should also be prepared to discuss the choice-of-law provisions in the Contribution Agreement and Rescission Agreement and their effect, if any, on arguments raised in defendants' pending motion for partial dismissal. Plaintiff should initiate the call to the other parties, and once all relevant parties are on the line, should contact the Court at (212) 805-0141 on the date and time specified above. Telephone Conference set for 2/22/2016 at 02:30 PM before Judge Andrew L. Carter Jr.. (Signed by Judge Andrew L. Carter, Jr on 2/19/2016) (kgo)
February 11, 2016 Filing 68 LETTER addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated February 11, 2016 re: Opposition to Letter-Motion dated February 9, 2016. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
February 9, 2016 Filing 67 LETTER MOTION to Stay Non-Party Discovery addressed to Judge Andrew L. Carter, Jr. from Lewis Trippett dated February 9, 2016. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena.(Trippett, Lewis) Modified on 3/2/2016 (lb).
February 5, 2016 Opinion or Order Filing 66 ORDER: The Court held a telephone conference today at which it set a schedule for non-party and expert discovery. As set forth at the conference, all fact discovery (including non-party discovery) must be completed by April 8, 2016, and all expert discovery must be completed by June 10, 2016. The Court will hold a telephone conference on June 15, 2016 at 10:00 a.m. If Defendants renew their application to Judge Carter for a stay of discovery pending the resolution of their motion to dismiss and it is granted, this schedule will be held in abeyance. Fact Discovery due by 4/8/2016. Expert Discovery due by 6/10/2016. Telephone Conference set for 6/15/2016 at 10:00 AM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 2/5/2016) (kgo)
February 1, 2016 Opinion or Order Filing 65 ORDER granting #64 Letter Motion to Adjourn Conference. The status conference is adjourned to February 5 at 3:45 p.m. (as the Court is not available at 3 p.m.). Counsel should call chambers with both sides on the line. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
February 1, 2016 Filing 64 LETTER MOTION to Adjourn Conference scheduled for February 2, 2016 addressed to Magistrate Judge James L. Cott from Ira Daniel Tokayer, Esq. dated February 1, 2016. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
December 18, 2015 Opinion or Order Filing 63 ORDER granting #62 Letter Motion for Extension of Time to Complete Discovery. Application granted. Absent good cause shown, there will be no further extensions. The January 6 conference is adjourned to February 2, 2016 at 11 a.m. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
December 18, 2015 Filing 62 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James L. Cott from Lewis Trippett dated December 18, 2015. Document filed by Arrayit Corporation, Mark Schena, Renee Schena, Reuben Taub.(Trippett, Lewis) Modified on 3/2/2016 (lb).
December 15, 2015 Filing 61 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 11/17/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine)
December 15, 2015 Filing 60 TRANSCRIPT of Proceedings re: Conference held on 11/17/2015 before Magistrate Judge James L. Cott. Court Reporter/Transcriber: Patricia Kaneshiro-Miller, (212) 805-0300. 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. Redaction Request due 1/8/2016. Redacted Transcript Deadline set for 1/18/2016. Release of Transcript Restriction set for 3/17/2016.(Siwik, Christine)
November 17, 2015 Minute Entry for proceedings held before Magistrate Judge James L. Cott: Interim Pretrial Conference held on 11/17/2015. (Tam, David)
November 17, 2015 Opinion or Order Filing 59 ORDER: The Court held a conference today at which it addressed discovery disputes raised by the parties in their recent letters to the Court. Dkt. Nos. 56, 57. The parties are directed to the transcript of the proceedings for the Court's rulings on these issues. (Signed by Magistrate Judge James L. Cott on 11/17/2015) (kl)
November 5, 2015 Opinion or Order Filing 58 ORDER granting #56 Letter Motion for Local Rule 37.2 Conference. The Court has received letters from the parties raising various discovery disputes. (Dkt. Nos. 56, 57). The Court will hold a conference to address these disputes on November 17, 2015 at 3:00 p.m. in Courtroom 21D, United States Courthouse, 500 Pearl Street, New York, New York. The parties are directed to meet and confer in advance of the conference in order to attempt to resolve or narrow their disputes. Status Conference set for 11/17/2015 at 03:00 PM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott.. (Signed by Magistrate Judge James L. Cott on 11/5/2015) (kgo)
November 4, 2015 Filing 57 LETTER addressed to Magistrate Judge James L. Cott from Lewis Trippett dated November 4, 2015 re: Plaintiffs' request for a pre-discovery motion conference. Document filed by Arrayit Corporation, Mark Schena, Renee Schena, Reuben Taub.(Trippett, Lewis)
November 2, 2015 Filing 56 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge James L. Cott from Ira Daniel Tokayer, Esq. dated November 2, 2015. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C1, #4 Exhibit C2, #5 Exhibit C3, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(Tokayer, Ira)
October 23, 2015 Opinion or Order Filing 55 ORDER granting #54 Letter Motion for Extension of Time to Complete Discovery. The application to extend the deposition discovery deadline to December 18, 2015 is granted. Given the revised schedule, the December 1 telephone conference is adjourned to January 6, 2016 at 11 a.m. at which the Court will set a schedule for further discovery. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
October 23, 2015 Filing 54 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James L. Cott from Lewis Trippett dated 10-22-15. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena.(Trippett, Lewis)
September 10, 2015 Filing 53 REPLY AFFIDAVIT of RENE SCHENA in Support re: #46 MOTION to Dismiss Partial Dismissal of Amended Complaint.. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Attachments: #1 Ex. A to Schena Reply Declaration, #2 Ex. B to Schena Reply Declaration, #3 Ex. C to Schena Reply Declaration)(Trippett, Lewis)
September 10, 2015 Filing 52 REPLY MEMORANDUM OF LAW in Support re: #46 MOTION to Dismiss Partial Dismissal of Amended Complaint. . Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Trippett, Lewis)
August 26, 2015 Filing 51 DECLARATION of Reuben Taub in Opposition re: #46 MOTION to Dismiss Partial Dismissal of Amended Complaint.. Document filed by Reuben Taub. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Affidavit, #11 Exhibit, #12 Affidavit, #13 Memorandum of Law in Opp)(Tokayer, Ira)
August 24, 2015 Opinion or Order Filing 50 CONFIDENTIALITY STIPULATION AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (SEE ADDENDUM TO PARAGRAPH 13) (Signed by Magistrate Judge James L. Cott on 8/24/2015) (kgo)
July 28, 2015 Filing 49 DECLARATION of Rene Schena in Support re: #46 MOTION to Dismiss Partial Dismissal of Amended Complaint.. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Attachments: #1 Exhibit A - Mutal Releases, #2 Exhibit B - 10-Q Statement 5-20-15, #3 Exhibit C - Rescission Agreement, #4 Exhibit D - 10-K Note 7, 2012, 2013, #5 Exhibit E - 10-K Statements 2012 re: OvaDx, #6 Exhibit F - email 9-25-13, #7 Exhibit G - Arrayit Stock Price 7-27-15)(Trippett, Lewis)
July 28, 2015 Filing 48 AFFIRMATION of Lewis Trippett in Support re: #46 MOTION to Dismiss Partial Dismissal of Amended Complaint.. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - Summons 8-11-14, #3 Exhibit C - Contribution Agreement, #4 Exhibit D - Notice of Discontinuance, #5 Exhibit E - Summons 2-4-15, #6 Exhibit F - Complaint 3-31-15, #7 Exhibit G - Letter 6-12-15, #8 Exhibit H - Order 4-29-15)(Trippett, Lewis)
July 28, 2015 Filing 47 MEMORANDUM OF LAW in Support re: #46 MOTION to Dismiss Partial Dismissal of Amended Complaint. . Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. (Trippett, Lewis)
July 28, 2015 Filing 46 MOTION to Dismiss Partial Dismissal of Amended Complaint. Document filed by Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. Responses due by 8/27/2015(Trippett, Lewis)
July 7, 2015 Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 7/7/2015. (Tam, David)
July 7, 2015 Filing 45 EXHIBIT TO PLEADING re: #42 Amended Complaint,,. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
July 7, 2015 Opinion or Order Filing 44 ORDER: Following today's telephone conference, the Court sets the following discovery schedule. The parties have until August 31, 2015 to amend their pleadings. All party depositions must be completed by November 20, 2015. The Court will hold a telephone conference on December 1, 2015 at 2:30 p.m., at which time the Court will set a schedule for further discovery, including any non-party depositions and expert discovery, the parties need to conduct. Counsel are directed to appear telephonically by calling chambers together at (212) 805-0250 at the scheduled time or otherwise providing a call-in number to the Court. Amended Pleadings due by 8/31/2015. Deposition due by 11/20/2015. Telephone Conference set for 12/1/2015 at 02:30 PM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 7/7/2015) (kgo)
July 7, 2015 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ira Tokayer to RE-FILE re: Document No. #43 Exhibit to Pleading. The filing is deficient for the following reason(s): the All Defendant radio button was selected; Court's leave has not been granted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. MUST SHOW PERMISSION TO RE-FILE AMENDED COMPLAINT AFTER JUNE 29, 2015. (laq)
July 1, 2015 Filing 43 EXHIBIT TO PLEADING re: #41 Amended Complaint, #42 Amended Complaint,,. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
July 1, 2015 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ira Tokayer re: Document No. #42 Amended Complaint. The filing is deficient for the following reason(s): opposing party did not consent to the amendment of the pleading; Court's leave has not been granted. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (moh)
June 30, 2015 Filing 42 AMENDED COMPLAINT amending #41 Amended Complaint, #11 Complaint against Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena with JURY DEMAND.Document filed by Reuben Taub, Irwin Zalcberg Profit Sharing Plan, Irwin L. Zalcberg. Related document: #41 Amended Complaint, filed by Reuben Taub, Irwin L. Zalcberg, Irwin Zalcberg Profit Sharing Plan, #11 Complaint filed by Reuben Taub, Irwin L. Zalcberg, Irwin Zalcberg Profit Sharing Plan.(Tokayer, Ira) Modified on 7/1/2015 (moh). Modified on 7/7/2015 (laq).
June 30, 2015 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ira Tokayer to RE-FILE Document No. #41 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (mqu)
June 29, 2015 Filing 41 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #11 Complaint against All Defendants with JURY DEMAND.Document filed by Reuben Taub, Irwin Zalcberg Profit Sharing Plan, Irwin L. Zalcberg. Related document: #11 Complaint filed by Reuben Taub, Irwin L. Zalcberg, Irwin Zalcberg Profit Sharing Plan.(Tokayer, Ira) Modified on 6/30/2015 (mqu).
June 26, 2015 Opinion or Order Filing 40 MEMO ENDORSEMENT on re: #39 Letter filed by Reuben Taub, Irwin L. Zalcberg, Irwin Zalcberg Profit Sharing Plan. ENDORSEMENT: Application granted. The conference will take place by telephone. The parties should call Chambers at (212)805-0250 on July 7 at 3 pm with both parties on the line. The parties are directed to submit a proposed scheduling order no later than July 6 by emailing it to COTTNYSDCHAMBERS@nysd.uscourts.gov. In the future, applications of this kind should be by letter-motion. (Initial Conference set for 7/7/2015 at 03:00 PM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 6/26/2015) (kgo)
June 26, 2015 Filing 39 LETTER addressed to Magistrate Judge James L. Cott from Ira Daniel Tokayer, Esq. dated June 26, 2015 re: Rule 16 Case Management Conference. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
June 24, 2015 Opinion or Order Filing 38 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Lewis P. Trippett dated 6/22/2015 re: By consent of the parties and approval by the Court, the pre-motion conference just noticed for Thursday, June 25, 2015 at 10:30 a.m. has been rescheduled for Wednesday, June 24, 2015 at 4 pm. ENDORSEMENT: SO ORDERED. (Pre-Motion Conference set for 6/24/2015 at 04:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 6/23/2015) (kgo)
June 24, 2015 Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Pre-Motion Conference held on 6/24/2015. Ira D. Tokayer for Plaintiff(s). Lewis P. Trippett for Defendant(s). Amended Complaint due by 6/29/2015. Briefing schedule for Defendant(s) motion to dismiss as follows: Motion due by 7/28/2015, Opposition due by 8/27/2015, Reply, if any, due by 9/10/2015. (Court Reporter: Patricia Nilsen) (tdh)
June 23, 2015 Filing 37 COUNTER LETTER addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated June 23, 2015 re: Pre-Motion Conference. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Attachments: #1 Exhibit A, #2 Exhibit B)(Tokayer, Ira)
June 22, 2015 Opinion or Order Filing 36 ORDER: The Court will hold a pre-motion conference in this case on June 25, 2015 at 10:30 a.m. The parties should appear in person at the Thurgood Marshall United States Courthouse, 40 Foley Square, Courtroom 1306 on the above mentioned date and time. Pre-Motion Conference set for 6/25/2015 at 10:30 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr.. (Signed by Judge Andrew L. Carter, Jr on 6/22/2015) (kgo)
June 19, 2015 Filing 35 LETTER addressed to Judge Andrew L. Carter, Jr. from Lewis Trippett dated June 19, 2015 re: Adjournment of Discovery Conference Pending Pre-Answer Motion to Dismiss. Document filed by Arrayit Corporation. (Attachments: #1 Exhibit Exhibits A and B to letter)(Trippett, Lewis)
June 16, 2015 Minute Entry for proceedings held before Magistrate Judge James L. Cott: Interim Pretrial Conference held on 6/16/2015. (Tam, David)
June 12, 2015 Filing 34 LETTER addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated June 12, 2015 re: Defendants' Request for a Pre-Motion Conference. Document filed by Irwin Zalcberg Profit Sharing Plan, Reuben Taub, Irwin L. Zalcberg. (Attachments: #1 Exhibit A)(Tokayer, Ira)
June 9, 2015 Opinion or Order Filing 33 MEMO ENDORSEMENT on re: #32 Letter filed by Arrayit Corporation. The Court reminds the parts that the June 16, 2015 conference with Magistrate Judge Cott is a Rule 16 initial case management conference. Because the defendants wish to file a dispositive motion, the Court will reschedule a separate pre-motion conference if necessary. Pending that decision, the Court orders plaintiff to respond to this letter on or before June 12, 2015. (Signed by Judge Andrew L. Carter, Jr on 6/9/2015) (kgo)
June 8, 2015 Filing 32 LETTER addressed to Judge Andrew L. Carter, Jr. from Lewis Trippett dated June 8, 2015 re: Pre-Motion Conference. Document filed by Arrayit Corporation.(Trippett, Lewis)
June 4, 2015 Set/Reset Hearings: Initial Conference set for 6/16/2015 at 03:30 PM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. (kgo)
June 4, 2015 Opinion or Order Filing 31 ORDER FOR CONFERENCE PURSUANT TO RULE 16: Initial Conference set for 6/16/2015 at 03:30 PM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 6/4/2015) (kgo) Modified on 6/5/2015 (kgo).
June 2, 2015 Opinion or Order Filing 30 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. (Signed by Judge Andrew L. Carter, Jr on 6/2/2015) (rjm)
June 1, 2015 Filing 29 LETTER addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated June 1, 2015 re: Request for Rule 26 Conference. Document filed by Reuben Taub, Irwin L. Zalcberg.(Tokayer, Ira)
May 28, 2015 Mediator Session Held on 05/26/2015 at Mediator's Office.(ms)
May 21, 2015 Filing 27 NOTICE OF CHANGE OF ADDRESS by Ira Daniel Tokayer on behalf of All Plaintiffs. New Address: Law Office of Ira Daniel Tokayer, Esq., 420 Lexington Ave., Suite 2400, New York, New York, USA 10170, (212) 695-5250. (Tokayer, Ira)
May 4, 2015 MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for May 26, 2015 at 10:00 AM. Session to take place at the Office of the Mediator.(cda)
April 30, 2015 Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Avant Diagnostics, Inc. for Arrayit Corporation. Document filed by Arrayit Corporation.(Trippett, Lewis)
April 29, 2015 Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Show Cause Hearing held on 4/29/2015. Ira D. Tokayer and David Ferstendig for Plaintiff(s). Lewis P. Trippett for Defendant(s). See Docket No. 26 for complete details. (Court Reporter: Tom Murray) (tdh)
April 29, 2015 Opinion or Order Filing 26 ORDER: On April 23, 2015, Plaintiffs moved for a preliminary injunction against Defendants, restraining them from issuing shares of common stock pursuant to the provision of convertible promissory notes. For the reasons stated on the record at the hearing held on April 29, 2015, Plaintiffs' application is DENIED. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/29/2015) (ajs)
April 29, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Lewis P. Trippett to RE-FILE Document #22 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
April 28, 2015 Filing 24 REPLY MEMORANDUM OF LAW in Support re: #15 Order to Show Cause, Set Deadlines,,,,,,,,,, . Document filed by Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
April 28, 2015 Filing 23 DECLARATION of Reuben Taub in Support re: #15 Order to Show Cause, Set Deadlines,,,,,,,,,,. Document filed by Reuben Taub, Irwin L. Zalcberg. (Attachments: #1 Exhibit A)(Tokayer, Ira)
April 28, 2015 Filing 22 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Arrayit Corporation.(Trippett, Lewis) Modified on 4/29/2015 (lb).
April 27, 2015 Filing 21 DECLARATION of Rene Schena in Opposition. Document filed by Renee Schena. (Attachments: #1 Exhibit SEC Order)(Trippett, Lewis)
April 27, 2015 Filing 20 MEMORANDUM OF LAW in Opposition to Order to Show Cause. Document filed by Arrayit Corporation. (Trippett, Lewis)
April 27, 2015 Filing 19 DECLARATION of Rene Schena in Opposition. Document filed by Arrayit Corporation. (Trippett, Lewis)
April 24, 2015 Filing 18 AFFIRMATION of Ira Daniel Tokayer re: #15 Order to Show Cause, Set Deadlines,,,,,,,,,, . Document filed by Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
April 24, 2015 Filing 17 MEMORANDUM OF LAW in Support re: #15 Order to Show Cause, Set Deadlines,,,,,,,,,, . Document filed by Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
April 24, 2015 Filing 16 DECLARATION of Reuben Taub in Support re: #15 Order to Show Cause, Set Deadlines,,,,,,,,,,. Document filed by Reuben Taub, Irwin L. Zalcberg. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Part 1, #4 Exhibit C - Part 2, #5 Exhibit C - Part 3, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Tokayer, Ira)
April 23, 2015 Opinion or Order Filing 15 ORDER TO SHOW CAUSE: ORDERED that defendants show cause before this Court at the Courthouse, located at 40 Foley Square, Room 1306, New York, New York, on April 29, 2015, at 3:30 in the afternoon, or as soon thereafter as counsel can be heard, why an Order should not be entered preliminarily enjoining Arrayit, and all persons over whom Arrayit has control, including its transfer agent, Standard Registrar & Transfer Company ("Standard"), from issuing shares of Arrayit's common stock pursuant to the conversion of convertible promissory notes, which notes were issued in the six month period following the date of the Contribution Agreement between the parties or which notes Arrayit agreed in the six month period following the date of the Contribution Agreement between the parties to issue (the "Convertible Promissory Notes"). Defendants should file a Response to Plaintiffs' Motion on or before April 27, 2015. Plaintiffs should file any Reply to Defendants' Response no later than April 28, 2015. SO ORDERED. (Show Cause Hearing set for 4/29/2015 at 03:30 PM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr.), (Replies due by 4/28/2015.) Show Cause Response due by 4/27/2015. (Signed by Judge Andrew L. Carter, Jr on 4/23/2015) (kl)
April 21, 2015 NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/21/2015.(cda)
April 15, 2015 Opinion or Order Filing 14 MEDIATION REFERRAL ORDER. It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.12 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. This action is eligible for mediation, pursuant to the Civil Justice Expense and Delay Reduction Plan. This action is eligible for mediation subject to the limitations and restrictions as noted: ALL ISSUES ARE ELIGIBLE. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 4/27/2015. Mediator Expertise Request due by 4/20/2015. (Signed by Judge Andrew L. Carter, Jr on 4/14/2015) (rjm)
April 14, 2015 Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Pre-Motion Conference held on 4/14/2015. Ira D. Tokayer and David L. Ferstendig for Plaintiff(s) Lewis P. Trippett for Defendant(s). Case referred to Court-annexed mediation. Joint Status Report due by 6/15/2015. (tdh)
April 10, 2015 Filing 13 LETTER addressed to Judge Andrew L. Carter, Jr. from Lewis Trippett dated April 10, 2015 re: Conference re; motion to dismiss. Document filed by Arrayit Corporation.(Trippett, Lewis)
March 31, 2015 Filing 12 AFFIDAVIT OF SERVICE. All Defendants. Service was made by Mail. Document filed by Reuben Taub, Irwin L. Zalcberg. (Tokayer, Ira)
March 31, 2015 Filing 11 COMPLAINT against Arrayit Corporation, Todd Martinksy, Mark Schena, Renee Schena. Document filed by Reuben Taub, Irwin L. Zalcberg, Irwin Zalcberg Profit Sharing Plan.(mro)
March 25, 2015 Opinion or Order Filing 10 MEMO ENDORSEMENT on re: #9 LETTER addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated March 25, 2015 re: Request for Adjournment of Conference. Document filed by Reuben Taub. ENDORSEMENT: So ordered. (Pre-Motion Conference set for 4/14/2015 at 03:30 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 3/25/2015) (rjm) (Main Document 10 replaced on 3/25/2015) (rjm).
March 25, 2015 Filing 9 LETTER addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated March 25, 2015 re: Request for Adjournment of Conference. Document filed by Reuben Taub.(Tokayer, Ira)
March 23, 2015 Opinion or Order Filing 8 MEMO ENDORSEMENT on re: #7 LETTER addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated March 19, 2015 re: Request for Conference. Document filed by Reuben Taub. ENDORSEMENT: The Court schedules a pre-motion conference for April 1, 2015 at 3:00 p.m. So ordered. (Pre-Motion Conference set for 4/1/2015 at 03:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 3/23/2015) (rjm)
March 19, 2015 Filing 7 LETTER addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated March 19, 2015 re: Request for Conference. Document filed by Reuben Taub.(Tokayer, Ira)
March 17, 2015 Filing 6 LETTER addressed to Judge Andrew L. Carter, Jr. from Lewis Trippett dated March 17, 2015 re: Plaintiff's request for conference. Document filed by Arrayit Corporation.(Trippett, Lewis)
March 16, 2015 Filing 5 LETTER addressed to Judge Andrew L. Carter, Jr. from Ira Daniel Tokayer, Esq. dated March 16, 2015 re: Request for Conference. Document filed by Reuben Taub.(Tokayer, Ira)
March 2, 2015 Filing 4 DEMAND for Trial by Jury. Document filed by Reuben Taub(Tokayer, Ira)
March 2, 2015 Filing 3 NOTICE OF APPEARANCE by Ira Daniel Tokayer on behalf of Reuben Taub. (Tokayer, Ira)
February 25, 2015 Filing 2 CIVIL COVER SHEET filed. (moh)
February 25, 2015 Filing 1 NOTICE OF REMOVAL from Supreme Court, Case Number: 650310-15. (Filing Fee $ 350.00, Receipt Number 465401117922).Document filed by Renee Schena, Todd Martinksy, Mark Schena, Arrayit Corporation. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit B)(moh)
February 25, 2015 Magistrate Judge James L. Cott is so designated. (moh)
February 25, 2015 Case Designated ECF. (moh)

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Search for this case: Taub v. Arrayit Corporation et al
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Plaintiff: Taub
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Plaintiff: Reuben Taub
Represented By: Ira Daniel Tokayer
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Plaintiff: Irwin L. Zalcberg
Represented By: Ira Daniel Tokayer
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Plaintiff: Irwin Zalcberg Profit Sharing Plan
Represented By: Ira Daniel Tokayer
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Defendant: Arrayit Corporation
Represented By: Timothy Kai-Chiu Wong
Represented By: Lewis P. Trippett
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Defendant: Mark Schena
Represented By: Timothy Kai-Chiu Wong
Represented By: Lewis P. Trippett
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Defendant: Todd Martinksy
Represented By: Timothy Kai-Chiu Wong
Represented By: Lewis P. Trippett
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Defendant: TIMOTHY WONG
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Defendant: Renee Schena
Represented By: Timothy Kai-Chiu Wong
Represented By: Lewis P. Trippett
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