Klein v. Singh et al
| Klein and Jennifer Klein |
| Singh, Phuman Singh, Parminder Ricky Singh and 53 West 72nd Street Cafe LLC |
| Mr. Todd Klein |
| 1:2016cv02782 |
| April 14, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Andrew L Carter |
| Sarah Netburn |
| Other Statutory Actions |
| 18 U.S.C. § 1030 Fraud & Related Activity in Connection with Computers |
| Both |
Docket Report
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Filing 29
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(A): IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties herein that: 1. The above-entitled actions are hereby dismissed with prejudice, pursuant to Fed. R. Civ. P. 41(a), and with no award of counsel fees or costs to any party. So ordered. (Signed by Judge Andrew L. Carter, Jr on 1/18/2017) (rjm)
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| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Peter Cross for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #28 Stipulation of Voluntary Dismissal to: judgments@nysd.uscourts.gov. (km) |
| Filing 28 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) All Defendants and Without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Parminder Ricky Singh, 53 West 72nd Street Cafe LLC, Phuman Singh.(Cross, Peter) Modified on 1/9/2017 (km). |
| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 10/26/2016. (jnm) |
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Filing 27
SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 10/25/2016 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at http://www.nysd.uscourts.gov/judge/Netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letter, which is to be submitted by Thursday, October 20, 2016. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Signed by Magistrate Judge Sarah Netburn on 10/13/2016) (kko)
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| Filing 26 ANSWER to #23 Answer to Complaint, Third Party Complaint, Counterclaim,,, with JURY DEMAND. Document filed by Jennifer Klein.(Heisenberg, Christoph) |
| Filing 25 AMENDED ANSWER to #23 Answer to Complaint, Third Party Complaint, Counterclaim,,,. Document filed by Todd Klein. (Heisenberg, Christoph) |
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Filing 24
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: On August 29, 2016, the parties appeared for a Conference to schedule discovery. After review of the parties' joint submission, the following scheduling order is entered pursuant to Rule 16 of the Federal Rules of Civil Procedure: Pleadings and Parties. The parties may amend the pleadings or join additional parties until Monday, August 29, 2016. Discovery. All fact discovery shall be completed by Tuesday, January 31, 2017. Disclosure of expert evidence as required by Rule 26(a)(2)(A), (B) or (C), including the identities and reports of experts, if any, shall be made by Friday, December 16, 2016. The disclosure of expert evidence intended by a party solely to contradict or rebut expert evidence on the same subject matter disclosed by the opposing party shall be made by Friday, January 13, 2017. All expert discovery shall be completed by Tuesday, January 31, 2017. Status Letter. A joint letter informing the Court about the status of discovery shall be filed with the Court by Monday, October 10, 2016. The letter should address any outstanding discovery disputes. If the parties have not already done so, the letter should also indicate whether the parties wish to schedule a settlement conference and, if so, include proposed dates on at least two consecutive weeks. The parties are, however, encouraged to contact the Court earlier if they believe a settlement conference sooner would be productive. Summary Judgment Motion. No party may make a motion for summary judgment until the close of discovery. Any party that wishes to file a motion for summary judgment must file a pre-motion letter with the Hon. Andrew L. Carter, Jr., by Wednesday, February 15, 2017. Trial. The parties request a jury trial. So ordered. (Amended Pleadings due by 8/29/2016. Joinder of Parties due by 8/29/2016. Fact Discovery due by 1/31/2017. Expert Discovery due by 1/31/2017). (Signed by Magistrate Judge Sarah Netburn on 8/29/2016) (rjm)
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| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Initial Pretrial Conference held on 8/29/2016. (jnm) |
| Filing 23 ANSWER to #3 Complaint with JURY DEMAND., THIRD PARTY COMPLAINT against Jennifer Klein, Todd Klein., COUNTERCLAIM against Jennifer Klein, Todd Klein. Document filed by 53 West 72nd Street Cafe LLC, Parminder Ricky Singh, Phuman Singh.(Cross, Peter) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 53 West 72nd Street Cafe LLC, Parminder Ricky Singh, Phuman Singh.(Cross, Peter) |
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Filing 21
ORDER: The Initial Pretrial Conference scheduled for August 3, 2016 is hereby adjourned until 3:00 p.m., Monday August 29, 2016, in Courtroom 219, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York. (Initial Conference set for 8/29/2016 at 03:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 8/1/2016) (kko)
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to Answer re #3 Complaint. The extension is GRANTED. The defendant's answer is now due on August 12, 2016. The Clerk of Court is directed to terminate the motion docketed at ECF No. 19. SO ORDERED. 53 West 72nd Street Cafe LLC answer due 8/12/2016; Parminder Ricky Singh answer due 8/12/2016; Phuman Singh answer due 8/12/2016. (Signed by Magistrate Judge Sarah Netburn on 7/29/2016) (kko)
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| Filing 19 LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Peter A. Cross dated 07-29-2016. Document filed by 53 West 72nd Street Cafe LLC, Parminder Ricky Singh, Phuman Singh.(Cross, Peter) |
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Filing 18
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 8/3/2016 at 04:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. (As further set forth in this Order.) (Signed by Magistrate Judge Sarah Netburn on 7/21/2016) (kko)
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Filing 17
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 Sarah Netburn. Defendants are to file an answer by August 2, 2016. (Signed by Judge Andrew L. Carter, Jr on 7/19/2016) (kgo)
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| Set/Reset Deadlines: 53 West 72nd Street Cafe LLC answer due 8/2/2016; Parminder Ricky Singh answer due 8/2/2016; Phuman Singh answer due 8/2/2016. (kgo) |
| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Pre-Motion Conference held on 7/19/2016. Christoph C. Heisenberg for Plaintiff(s). Peter A. Cross for Defendant(s). Case referred to Judge Netburn for general pre-trial purposes. (tdh) |
| Filing 16 MEMO ENDORSEMENT granting #14 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. Attorney Robert Howard Rickner terminated. (Signed by Judge Andrew L. Carter, Jr on 7/13/2016) (kgo) |
| Filing 15 AFFIDAVIT of Robert H. Rickner in Support re: #14 MOTION for Robert H. Rickner to Withdraw as Attorney .. Document filed by Parminder Ricky Singh, Phuman Singh. (Rickner, Robert) |
| Filing 14 MOTION for Robert H. Rickner to Withdraw as Attorney . Document filed by Parminder Ricky Singh, Phuman Singh.(Rickner, Robert) |
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Filing 13
ORDER. The Court will hold a pre-motion conference in this case on July 19, 2016, at 3:00 p.m. regarding Defendants' letter dated June 17, 2016, requesting a pre-motion conference on Defendants' anticipated motion to dismiss. The parties (and/or counsel) should appear in person in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY, on the date and time specified above. So ordered. Granting #12 LETTER MOTION for Conference re: Notice to Attorney to Re-File Document - Deficient Docket Entry Error, addressed to Judge Andrew L. Carter, Jr. from Peter A. Cross dated June 21, 2016. Document filed by 53 West 72nd Street Cafe LLC, Parminder Ricky Singh, Phuman Singh. (Pre-Motion Conference set for 7/19/2016 at 03:00 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 6/27/2016) (rjm)
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| Filing 12 LETTER MOTION for Conference re: Notice to Attorney to Re-File Document - Deficient Docket Entry Error, addressed to Judge Andrew L. Carter, Jr. from Peter A. Cross dated June 21, 2016. Document filed by 53 West 72nd Street Cafe LLC, Parminder Ricky Singh, Phuman Singh.(Cross, Peter) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Peter A. Cross to RE-FILE Document #10 LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Peter A. Cross dated 06/17/2016. ERROR(S): Wrong case number indicated on document. (ldi) |
| Filing 11 LETTER addressed to Judge Andrew L. Carter, Jr. from Christoph Heisenberg dated June 20, 2016 re: Response To Defendants' Pre-Motion Letter. Document filed by Jennifer Klein.(Heisenberg, Christoph) |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Peter A. Cross dated 06/17/2016. Document filed by 53 West 72nd Street Cafe LLC, Parminder Ricky Singh, Phuman Singh.(Cross, Peter) Modified on 6/21/2016 (ldi). |
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time to Answer. SO ORDERED. 53 West 72nd Street Cafe LLC answer due 6/18/2016; Parminder Ricky Singh answer due 6/18/2016; Phuman Singh answer due 6/18/2016. (Signed by Judge Andrew L. Carter, Jr on 5/17/2016) (kgo)
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| Filing 8 CONSENT LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge Andrew L. Carter, Jr. from Robert Rickner, Esq. dated 5/17/2016. Document filed by 53 West 72nd Street Cafe LLC, Parminder Ricky Singh, Phuman Singh.(Rickner, Robert) |
| Filing 7 NOTICE OF APPEARANCE by Peter A. Cross on behalf of 53 West 72nd Street Cafe LLC, Parminder Ricky Singh, Phuman Singh. (Cross, Peter) |
| Filing 6 AFFIDAVIT OF SERVICE. 53 West 72nd Street Cafe LLC served on 4/27/2016, answer due 5/18/2016. Document filed by Jennifer Klein. (Heisenberg, Christoph) |
| Filing 5 AFFIDAVIT OF SERVICE. Parminder Ricky Singh served on 4/27/2016, answer due 5/18/2016. Document filed by Jennifer Klein. (Heisenberg, Christoph) |
| Filing 4 AFFIDAVIT OF SERVICE. Phuman Singh served on 4/27/2016, answer due 5/18/2016. Document filed by Jennifer Klein. (Heisenberg, Christoph) |
| Filing 3 COMPLAINT against 53 West 72nd Street Cafe LLC, Parminder Ricky Singh, Phuman Singh. Document filed by Jennifer Klein.(Heisenberg, Christoph) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christoph Carl Heisenberg. The party information for the following party/parties has been modified: Mrs. Jennifer Klein. Mr. Phuman Singh. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error. (moh) |
| ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christoph Carl Heisenberg. The following case opening statistical information was erroneously selected/entered: Dollar Demand 1400000000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 999,000. (moh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christoph Carl Heisenberg to RE-FILE Document No. #1 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 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. (moh) |
| Magistrate Judge Sarah Netburn is so designated. (moh) |
| Case Designated ECF. (moh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (moh) |
| Filing 2 CIVIL COVER SHEET filed. (Heisenberg, Christoph) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-12186132)Document filed by Jennifer Klein.(Heisenberg, Christoph) Modified on 4/15/2016 (moh). |
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