Cottam v. Global Emerging Capital Group, LLC et al
Plaintiff: John Cottam
Defendant: Global Emerging Capital Group, LLC, Alexander Kibrik, William Uchimoto, 6D Global Technologies, Inc., 6D Acquisitions, Inc. and Tejune Kang
Case Number: 1:2016cv04584
Filed: June 16, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Richard J. Sullivan
Nature of Suit: Securities/Commodities/Exchanges
Cause of Action: 15:78
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 5, 2021 Opinion or Order Filing 358 ORDER: WHEREAS, a bench trial will be conducted on Monday, March 8, 2021, beginning at 10:30 a.m. Members of the press and public may dial into this hearing using conference call number (888) 363-4749, and access code 558-3333. (Signed by Judge Lorna G. Schofield on 3/5/2021) (cf)
February 22, 2021 Opinion or Order Filing 342 ORDER: It is hereby ORDERED that, the Court has received the Affidavit without prejudice to objections as to its admissibility at trial. Defendant shall submit any objections to the Affidavit with the Final Pretrial Order. The parties are reminde d that pursuant to Individual Rule I.B they should not e-mail Chambers unless directed to do so, and that all communications with Chambers shall be by letter and shall be filed via ECF. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/22/2021) (cf)
February 19, 2021 Opinion or Order Filing 341 ORDER re: 340 Order on Motion for Extension of Time. It is hereby ORDERED that by February 22, 2021, at noon Plaintiff shall e-mail the Affidavit of Steros Christoferos to Chambers. Failure to do so will result in the preclusion of Mr. Christoferos's testimony. (Signed by Judge Lorna G. Schofield on 2/19/2021) (kv)
February 9, 2021 Opinion or Order Filing 334 ORDER: It is hereby ORDERED that, by February 12, 2021, Plaintiff shall file a letter providing his current contact information. It is further ORDERED that, by February 11, 2021, Defendant shall serve by e-mail, a copy of this Order on Plaintiff. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 1/29/2021) (cf)
January 29, 2021 Opinion or Order Filing 332 ORDER: It is hereby ORDERED that, by February 2, 2021, Defendant shall serve a copy of this Order and the January 26, 2021, Order at Docket No. 331 on Plaintiff. It is further ORDERED that, by February 5, 2021, Plaintiff shall file a letter providing a current physical address, e-mail address and phone number. (Signed by Judge Lorna G. Schofield on 1/29/2021) (ks)
January 26, 2021 Opinion or Order Filing 331 ORDER: ORDERED that by February 15, 2021, Plaintiff shall file a sworn written statement for any witness he intends to use to dispute the defense of waiver. Plaintiff is reminded that, if Defendant puts forward evidence of waiver and the evidence is undisputed, Plaintiff will not prevail on his claim. The Clerk of Court is respectfully directed to serve a copy of this Order on pro se Plaintiff. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 1/26/2021) (cf) Transmission to Docket Assistant Clerk for processing.
October 29, 2020 Opinion or Order Filing 320 ORDER: WHEREAS, a telephonic status conference occurred on October 29, 2020, to discuss the format for the trial of the remaining claims. For the reasons stated at the conference, it is hereby ORDERED that, by November 4, 2020, the parties shall jointly file a letter proposing dates for the submission of (i) the proposed joint final pretrial order ("JFPO") pursuant to Individual Rule IV.B.2; (iii) the parties' individual proposed findings of fact and conclusions of law; and (iv) witnesses' direct testimony in the form of sworn affidavits. The Court will not accept motions in limine as the trial is a bench trial. Any objections to exhibits or other evidence shall be noted in the JFPO. It is further ORDERED that, by November 2, 2020, Defendants shall serve a copy of this Order on pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 10/29/2020) (ks)
October 28, 2020 Opinion or Order Filing 319 ORDER: WHEREAS, a telephonic status conference is scheduled for October 29, 2020, at 10:40 a.m.; it is hereby ORDERED that the telephonic status conference is ADJOURNED to October 29, 2020, at 10:55 a.m. The conference will be telephonic and will occur on the following conference line: 888-363-4749, access code: 5583333. The time of the conference is approximate, but the parties shall be prepared to begin at the scheduled time. ( Telephone Conference set for 10/29/2020 at 10:55 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/28/2020) (cf)
October 9, 2020 Opinion or Order Filing 316 ORDER granting in part and denying in part 315 Letter Motion to Adjourn Conference. The application is GRANTED in part. By October 22, 2020, the parties shall jointly file a status letter identifying the parties who remain in the action and will participate in trial. The telephonic status conference scheduled for October 22, 2020 (Dkt. No. 314), is ADJOURNED to October 29, 2020, at 10:40 A.M. The conference will occur on the following conference line: (888) 363-4749, access code: 5583333 . The time of the conference is approximate, but the parties shall ensure that they are dialed into the conference line by the appointed conference time. No further extensions of time to file the status letter and no further adjournments of the co nference will be granted. The primary purpose of the conference will be to determine the format for the trial of the remaining claims, and if there is to be live testimony, to set a date for testimony, as well as to schedule pretrial and trial subm issions. Defendants shall serve this Order on pro se parties via email, and file proof of such service by October 13, 2020. Telephone Conference set for 10/29/2020 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/9/2020) (cf)
September 23, 2020 Opinion or Order Filing 314 ORDER granting 313 Letter Motion to Adjourn Conference. The application is GRANTED. By October 8, 2020, the parties shall jointly file a status letter identifying the parties who remain in the action and will participate in trial. The telephoni c status conference scheduled for October 1, 2020 is ADJOURNED to October 22, 2020, at 10:40 a.m. The conference will occur on the following conference line: (888) 363-4749, access code: 5583333. The time of the conference is approximate, but the parties shall ensure that they are dialed into the conference line by the appointed conference time. Telephone Conference set for 10/22/2020 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/23/2020) (cf)
June 19, 2020 Opinion or Order Filing 300 SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Monday, July 27, 2020, at 2:00 p.m., and will be held telephonically. The Court will provide dial-in information by email before the conference. ( Telephone Conference set for 7/27/2020 at 02:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 6/19/2020) (mro)
May 4, 2020 Opinion or Order Filing 294 ORDER: On Thursday, April 30, 2020, the Honorable Lorna G. Schofield assigned this matter to my docket for settlement. In light of the Courts busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advanc e. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. As soo n as practicable, the parties are directed to contact Courtroom Deputy Rachel Slusher by email at Rachel_Slusher@nysd.uscourts.gov with three (3) mutually convenient dates, to schedule a settlement conference for a time when they believe it would be productive. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 5/4/2020) (js)
April 30, 2020 Opinion or Order Filing 292 ORDER: WHEREAS, a conference was held on April 30, 2020. As discussed at conference, it is hereby ORDERED that a telephonic conference will be held on July 16, 2020, at 10:40 a.m. ORDERED that, by July 9, 2020, the parties shall file a joint status l etter (1) apprising the Court of the status of settlement discussions as to the Plaintiff, Defendants and the third-party Defendants; (2) identifying and attaching the stipulation to proceed by bench trial referenced by Defendants' counsel at th e conference; (3) raising any other issues to be discussed at the conference; and (4) providing one telephone call-in number for the conference call, and if necessary a passcode. If the parties are not able to arrange a conference call, they shall co ntact the Courtroom Deputy, Mr. James Street, at 212-805-4553, as soon as possible and no later than July 9, 2020, at noon, to make other arrangements. ORDERED that Defendants shall serve this Order on the pro se parties via email, and file proof of such service by May 7, 2020. An order of reference to the Magistrate Judge for settlement conference will issue separately., ( Telephone Conference set for 7/16/2020 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/30/2020) (ama)
April 10, 2020 Opinion or Order Filing 289 ORDER: WHEREAS, on April 7, 2020, Defendants were directed to shall serve the Order at Dkt. No. 288, and file proof of such service, on pro se Plaintiff and other parties proceeding pro se by April 9, 2020. The Order stated that such service shal l be made via email if the parties consent to such service in writing; WHERAS, no proof of service was filed. It is hereby ORDERED that Defendants shall file proof of service as soon as possible and no later than April 14, 2020. (Signed by Judge Lorna G. Schofield on 4/10/2020) (jca)
April 7, 2020 Opinion or Order Filing 288 ORDER: It is hereby ORDERED that the telephonic conference, scheduled for April 9, 2020, is ADJOURNED to April 30, 2020, at 10:40 a.m. The time of the conference is approximate, but the parties shall be ready to proceed by that time. The Court wi ll call the parties once the conference is ready to begin. It is further ORDERED that, by April 23, 2020, the parties shall file a joint letter, providing the court with one telephone call-in number for a conference call, and if necessary a passco de. The parties shall ensure they are all dialed into the conference call by the appointed conference time. If the parties are not able to arrange a conference call, they shall contact the Courtroom Deputy, Mr. James Street, at 212-805-4553, as so on as possible and no later than April 23, 2020, at noon, to make other arrangements. It is further ORDERED that Defendants shall communicate with pro se Plaintiff and, by April 16, 2020, file a letter on ECF stating whether he consents in writing to service via email. Defendants shall do the same for other parties that are proceeding pro se and, to the extent possible, state in the letter whether they consent in writing to service via email as well. It is further ORDERED that Defendants s hall serve this order, and file proof of such service, on pro se Plaintiff and other parties proceeding pro se by April 9, 2020. Such service shall be made via email if the parties consent to such service in writing. It is further ORDERED that all parties proceeding pro se are advised of Standing Order 20mc179, attached hereto, pursuant to which the Court will accept electronic filings via email from pro se litigants without electronic filing privileges until further notice. All parties pro ceeding pro se are also strongly encouraged to consent to receiving electronic service of case activity through notifications sent by email from the courts Electronic Case Filing (ECF) system by submitting the Consent to Electronic Service form (attached). (Telephone Conference set for 4/30/2020 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/7/2020) (jca)
April 3, 2020 Opinion or Order Filing 284 ORDER, It is hereby ORDERED that Defendants shall serve this order and the orders at Dkt. Nos. 282 and 283 on pro se Plaintiff, and file proof of such service on ECF, by April 6, 2020. Plaintiff is advised that attorney Sarah A. Adam is listed as Plaintiff's attorney to be noticed on the record. The motion for Christopher Warren to withdraw as Plaintiff's attorney (Dkt. No. 276) represented that Plaintiff intended to proceed pro se. If Ms. Adams no longer represents Plaintiff in this matter, Ms. Adams is ORDERED to file a motion to withdraw as soon as possible, and no later than April 10, 2020. ( Motions due by 4/10/2020.) (Signed by Judge Lorna G. Schofield on 4/3/20) (yv)
March 31, 2020 Opinion or Order Filing 283 ORDER, It is hereby ORDERED that a telephonic conference will be held on April 9, 2020, at 10:40 a.m. The time of the conference is approximate, but the parties shall be ready to proceed by that time. The Court will call the parties once the confe rence is ready to begin. It is further ORDERED that, by April 6, 2020, the parties shall file a joint letter, providing the court with one telephone call-in number for a conference call, and if necessary a passcode. The parties shall ensure they a re all dialed into the conference call by the appointed conference time. If the parties are not able to arrange a conference call, they shall contact the Courtroom Deputy, Mr. James Street, at 212-805-4553, as soon as possible and no later than April 6, 2020, at noon, to make other arrangements. ( Telephone Conference set for 4/9/2020 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 3/31/20) (yv)
March 30, 2020 Opinion or Order Filing 282 OPINION AND ORDER re: 248 MOTION for Summary Judgment , MOTION for Default Judgment as to filed by 6D Acquisitions, Inc., 6D Global Technologies, Inc., Tejune Kang, 268 LETTER MOTION for Oral Argument re: Summa ry Judgment Motions addressed to Judge Lorna G. Schofield from Tom M. Fini dated November 14, 2019 filed by 6D Acquisitions, Inc., 6D Global Technologies, Inc., Tejune Kang, 257 SECOND MOTION for Summary Judgment filed by John Cottam. For the reasons herein, the parties cross motions for summary judgment are each GRANTED in part and DENIED in part. With respect to all claims against Tejune Kang, summary judgment is granted, and he is dismissed as a party to the action. Wi th respect to the securities fraud claim, summary judgment is granted to Defendants. With respect to the breach of contract claim, summary judgment is granted to Plaintiff on the issue of liability against the remaining Defendants, but denied to all parties on the issue of damages and Defendants affirmative defense of waiver. Defendants Counterclaims are dismissed. Defendants motion for default judgment is denied, and Defendants request for oral argument is denied as moot.The Clerk of Court is respectfully directed to close the motions at Docket Nos. 248, 257 and 268. 6D Acquisitions, Inc., 6D Global Technologies, Inc., Tejune Kang, terminated. (Signed by Judge Lorna G. Schofield on 3/30/2020) (mml)
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Search for this case: Cottam v. Global Emerging Capital Group, LLC et al
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Plaintiff: John Cottam
Represented By: Derrelle Marcel Janey
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Defendant: Global Emerging Capital Group, LLC
Represented By: H. Rowan Gaither, IV
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Defendant: Alexander Kibrik
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Defendant: William Uchimoto
Represented By: H. Rowan Gaither, IV
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Defendant: 6D Global Technologies, Inc.
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Defendant: 6D Acquisitions, Inc.
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Defendant: Tejune Kang
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