In re Fyre Festival Litigation
| Matthew Herlihy and Anthony Lauriello |
| Grant Margolin, William McFarland, Jeffrey Atkins, Does 1 through 50, inclusive and Fyre Media, Inc |
| Sean Daly, Edward Ivey, Ritu Jutla, Daniel Sepulveda, Zenovia Pittas, Andrew Petrozziello and Daniel Jung |
| Investors Doe and Doe Property Owner |
| 1:2017cv03296 |
| May 3, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| P Kevin Castel |
| Other Fraud |
| 28 U.S.C. § 1332 fr |
| Both |
Docket Report
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This docket was last retrieved on January 13, 2022. A more recent docket listing may be available from PACER.
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Filing 172
AFFIDAVIT OF SERVICE of Default Judgment & Clerk's Certificate of Default served on William McFarland on 1/12/2022. Service was accepted by William McFarland 91186-054. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Zenovia Pittas, Daniel Sepulveda..(Lust, Daniel)
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Filing 171
DEFAULT JUDGMENT: it is ORDERED, ADJUDGED, AND DECREED that: Plaintiff Ritu Jutla is awarded a judgment against Defendant William McFarland in the amount of $881.57. Plaintiff Daniel Jung is awarded a judgment against Defendant William McFarland in the amount of $600.00. Plaintiff Zenovia Pittas is awarded a judgment against Defendant William McFarland in the amount of $600.00. Plaintiff Daniel Sepulveda is awarded a judgment against Defendant William McFarland in the amount of $1,700.00. Plaintiff Matthew Herlihy is awarded a judgment against Defendant William McFarland in the amount of $1,500.00. The Clerk of the Court is directed to terminate the motion (Doc 113), dismiss plaintiffs who are not seeking a default judgment, and close the case. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/15/2021) (ama) Modified on 12/15/2021 (ama).
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Filing 170
ORDER: The Court will enter a Default Judgment consistent with this Order. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/15/2021) Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC (ama)
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Terminate Transcript Deadlines (ama)
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Filing 169
FILING ERROR - DEFICIENT DOCKET ENTRY - CERTIFICATE OF GOOD STANDING REQUEST. Request for Certificate of Good Standing for attorney KAREN FRIEDMAN AGNIFILO Admitted on 11/02/2021 SDNY Bar ID Number 2565604. Certificate of Good Standing to be emailed. (Filing Fee $ 20.00, Receipt Number ANYSDC-25442719)(Geragos, Mark) Modified on 12/9/2021 (bcu).
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Filing 168
SUPPLEMENTAL LETTER addressed to Judge P. Kevin Castel from Karen Agnifilo dated November 18, 2021 re: FRCP 55(b)(2) Hearing. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas. (Attachments: #1 Exhibit).(Agnifilo, Karen)
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Filing 167
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/4/21 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...Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC.(Moya, Goretti)
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Filing 166
TRANSCRIPT of Proceedings re: CONFERENCE held on 11/4/2021 before Judge P. Kevin Castel. Court Reporter/Transcriber: Andrew Walker, (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 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022.Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC.(Moya, Goretti)
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Filing 165
NOTICE OF APPEARANCE by Karen Friedman Agnifilo on behalf of Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas..(Agnifilo, Karen)
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Filing 164
NOTICE OF APPEARANCE by Kimberly Marie Casper on behalf of Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas..(Casper, Kimberly)
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Minute Entry for proceedings held before Judge P. Kevin Castel: Default Hearing held on 11/4/2021. Appearing for Plaintiffs, Karen Agniflo and Daniel Lust. Witness testimony: Ritu Jutla, Daniel Jung, Zenovia Pittas, Daniel Sepulveda, Matthew Herlihy. Plaintiff rest. Court reserves decision.By November 18, 2021 plaintiff will file supplemental briefing as to the damages and also submit a proposed default judgment. (Court Reporter Andrew Walker) (Nacanther, Florence)
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Filing 163
Exhibit List Superseding Amended Exhibit List. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas. (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).(Lust, Daniel)
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Filing 162
ORDER: granting #154 Letter Motion for Discovery. Plaintiff is responsible for logistics. Application Grnated. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/03/2021) (ama)
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Filing 161
Exhibit List Superseding Amended Exhibit List. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas. (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).(Lust, Daniel)
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Filing 160
ORDER: granting #158 Letter Motion for Discovery. Provided logistical arrangements are made by Plaintiff the motion is GRANTED. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/03/2021) (ama)
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Filing 159
WITNESS LIST. Document filed by Matthew Herlihy..(Lust, Daniel)
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Filing 158
LETTER MOTION for Discovery Request to Permit Video Conference Testimony of Plaintiff Daniel Jung at Upcoming Hearing on November 4, 2021 addressed to Judge P. Kevin Castel from Daniel Lust, Esq. dated November 3, 2021. Document filed by Daniel Jung..(Lust, Daniel)
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***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Lust, Daniel re: Document #153 Proposed Order, was rejected by the Clerk's Office for the following reason, the Order to Bring Personal Electronic Device(s) or Genral Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions.. (dt)
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Filing 157
Exhibit List Superseding Amended Exhibit List. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Lust, Daniel)
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Filing 156
Exhibit List Superseding Amended Exhibit List. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Lust, Daniel)
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Filing 155
WITNESS LIST. Document filed by Matthew Herlihy..(Lust, Daniel)
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Filing 154
LETTER MOTION for Discovery Request to Permit Video Conference Testimony of Plaintiff Zenovia Pittas at Upcoming Hearing on November 4, 2021 addressed to Judge P. Kevin Castel from Daniel Lust, Esq. dated November 2, 2021. Document filed by Zenovia Pittas..(Lust, Daniel)
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Filing 153
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - PROPOSED ORDER. Document filed by Matthew Herlihy..(Lust, Daniel) Proposed Order to be reviewed by Clerk's Office staff. Modified on 11/3/2021 (dt).
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Filing 152
ORDER: granting #148 Letter Motion for Discovery. Application Granted. Work out logistics with the Court's Audio Visual Department. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/02/2021) (ama)
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Filing 151
ORDER: granting #147 Letter Motion for Discovery. Application Granted. Work out logistics with the Court's Audio Visual Dept. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/02/2021) (ama)
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Filing 150
ORDER: granting #146 Letter Motion for Discovery. Application Granted. Work out logistic's with the Court's Audio Visual Department. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/02/2021) (ama)
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Filing 149
ORDER granting #145 Motion for Kimberly Marie Casper to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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Filing 148
LETTER MOTION for Discovery Request to Permit Video Conference Testimony of Plaintiff Daniel Sepulveda at Upcoming Hearing on November 4, 2021 addressed to Judge P. Kevin Castel from Daniel Lust, Esq. dated November 1, 2021. Document filed by Daniel Sepulveda..(Lust, Daniel)
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Filing 147
LETTER MOTION for Discovery Request to Permit Video Conference Testimony of Plaintiff Ritu Jutla at Upcoming Hearing on November 4, 2021 addressed to Judge P. Kevin Castel from Daniel Lust, Esq. dated November 1, 2021. Document filed by Ritu Jutla..(Lust, Daniel)
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Filing 146
LETTER MOTION for Discovery Request to Permit Video Conference Testimony of Plaintiff Matthew Herlihy at Upcoming Hearing on November 4, 2021 addressed to Judge P. Kevin Castel from Daniel Lust, Esq. dated November 1, 2021. Document filed by Matthew Herlihy..(Lust, Daniel)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #145 MOTION for Kimberly Marie Casper to Appear Pro Hac Vice with Affidavit of Kimberly Casper, Certificate of Good Standing, and Proposed Order. Filing fee $ 200.00, receipt number ANYSDC-25265468. Motion and supporting. The document has been reviewed and there are no deficiencies. (aea)
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Filing 145
MOTION for Kimberly Marie Casper to Appear Pro Hac Vice with Affidavit of Kimberly Casper, Certificate of Good Standing, and Proposed Order. Filing fee $ 200.00, receipt number ANYSDC-25265468. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas..(Casper, Kimberly)
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Filing 144
NOTICE OF APPEARANCE by Daniel Eric Lust on behalf of Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas..(Lust, Daniel)
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Filing 143
Exhibit List . Document filed by Daniel Jung..(Lust, Daniel)
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Filing 142
WITNESS LIST. Document filed by Daniel Jung..(Lust, Daniel)
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Filing 141
ORDER: denying without prejudice #140 Letter Motion for Conference re: #140 LETTER MOTION for Conference re: #137 Order, Set Hearings to be Held via Videoconference. addressed to Judge P. Kevin Castel from Benjamin J. Meiselas dated October 25, 2021. Submit revised witness and exhibit list by noon EDT October 29, 2021. Plaintiff may make an expedited application by letter motion under Rule 43(a), Fed. R. Civ. P., to have specific witnesses testify by live video transmission. Plaintiff's counsel is responsible for arrainging video appearance. In all other respect, application denied without prejudice. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/26/2021) (ama)
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Filing 140
LETTER MOTION for Conference re: #137 Order, Set Hearings,,,, to be Held via Videoconference addressed to Judge P. Kevin Castel from Benjamin J. Meiselas dated October 25, 2021. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas..(Meiselas, Benjamin)
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Filing 139
Exhibit List . Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas. (Attachments: #1 Exhibit Exhibits A-S, #2 Exhibit Exhibits T-U, #3 Exhibit Exhibits V-AA, #4 Exhibit Exhibits BB-LL, #5 Exhibit Exhibits MM-OO).(Meiselas, Benjamin)
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Filing 138
WITNESS LIST. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas..(Geragos, Mark)
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Filing 137
ORDER: The Court will hold a hearing on the default issues for the named plaintiffs on November 4, 2021 at 11:30 am in Courtroom 11D. A revised proposed witness and exhibit list (with copies of exhibits) together with the amount sought by each of the named plaintiffs shall be submitted 14 days before the hearing. SO ORDERED., ( Default Hearing set for 11/4/2021 at 11:30 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 10/06/2021) (ama)
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Filing 136
LETTER addressed to Judge P. Kevin Castel from Benjamin J. Meiselas dated October 5, 2021 re: Status of Default Proceeding Following Second Circuits Denial of F.R.C.P. 23(f) Petition. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas..(Meiselas, Benjamin)
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Filing 135
MANDATE of USCA (Certified Copy) USCA Case Number 21-0988. Petitioner requests, pursuant to Federal Rule of Civil Procedure 23(f), leave to appeal the district court's order denying class certification. The petition is unopposed. Upon due consideration, it is hereby ORDERED that the petition is DENIED because an immediate appeal is not warranted. See Sumitomo Copper Litig. v. Credit Lyonnais Rouse, Ltd., 262 F.3d 134, 13940 (2d Cir. 2001).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/21/2021..(nd)
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Filing 134
ORDER: In an Opinion and Order of December 1, 2020, the Court denied class certification and ordered an evidentiary hearing to determine if the entry of a default judgment against defendant Billy McFarland is proper as to the fraud claims of the named plaintiffs. (Docs 124, 131.) In their proposed witness list for the hearing, plaintiffs inform the Court that they have appealed the Opinion and Order, and ask the Court to stay the proceeding on the requested default judgment. The Court will stay the proceeding until after the petition under Rule 23(f), Fed. R. Civ. P. is adjudicated, and if granted, until ten days after the later of when the appeal is decided or the mandate is issued from the Court of Appeals. (Signed by Judge P. Kevin Castel on 4/29/2021) (nb)
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Filing 133
Exhibit List for Evidentiary Hearing. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas..(Meiselas, Benjamin)
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Filing 132
WITNESS LIST. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas..(Meiselas, Benjamin)
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Filing 131
OPINION AND ORDER: re: #130 LETTER MOTION for Leave to File Amended Second Amended Complaint Due to Discovery of New Evidence addressed to Judge P. Kevin Castel from Benjamin J. Meiselas dated March 7, 2021. filed by Anthony Lauriello, Matthew Herlihy, Ritu Jutla, Zenovia Pittas, Daniel Jung. For the reasons stated above, plaintiffs' motion for reconsideration or to amend the SCAC is DENIED. Plaintiffs seek to file supplemental briefing on the Court's ongoing subject matter jurisdiction following denial of certification, suggesting that jurisdiction under the Class Action Fairness Act has evaporated with the denial of class certification. (Doc 128 at 15 n.23; see also 28 U.S.C. 1332(d)(2).) The Second Circuit has held that "[b]ecause jurisdictional facts are assessed at the time of removal, and because at that time the complaint [] appeared to plead in good faith the class claim necessary for jurisdiction, the fact that the court subsequently determined that the case could not proceed as a class action under CAFA did not deprive it of subject matter jurisdiction." F5 Capital v. Pappas, 856 F.3d 61, 77 (2d Cir. 2017); see also Weiner v. Snapple Beverage Corp., 07 cv 8742, 2011 WL 196930, at *2 (S.D.N.Y. Jan. 21, 2011) (Cote, J) (collecting cases). The SCAC appears to have pleaded class claims sufficient to invoke CAFA jurisdiction. A revised proposed witness and exhibit list for the hearing on the default issue for the named plaintiffs shall be submitted within 21 days of this Order. The Clerk is directed to terminate the motions (Docs 127, 130). SO ORDERED. (Signed by Judge P. Kevin Castel on 4/06/2021) (ama)
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Filing 130
LETTER MOTION for Leave to File Amended Second Amended Complaint Due to Discovery of New Evidence addressed to Judge P. Kevin Castel from Benjamin J. Meiselas dated March 7, 2021. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas. (Attachments: #1 Exhibit A).(Meiselas, Benjamin)
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Filing 129
LETTER addressed to Judge P. Kevin Castel from Benjamin J. Meiselas dated December 17, 2020 re: (1) Request for Leave to Amend. (2) Request to File Motion for Reconsideration and. (3) Request for Transfer Based on Lack of Subject Matter Jurisdiction. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas..(Meiselas, Benjamin)
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Filing 128
MEMORANDUM OF LAW in Support re: #113 MOTION for Default Judgment as to Defendant William McFarland. MOTION to Certify Class . . Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas. (Attachments: #1 Declaration of Daniel Jung in Support of Plaintiff's Motion to Reconsider Denial of Default).(Meiselas, Benjamin)
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Filing 127
NOTICE of Motion and Motion to Reconsider Denial of Default Judgment and Denial of Class Certification or Alternatively to Amend the Operative Pleading re: #124 Memorandum & Opinion,,. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas..(Meiselas, Benjamin)
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Filing 126
Exhibit List (Proposed). Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas..(Meiselas, Benjamin)
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Filing 125
WITNESS LIST. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas..(Meiselas, Benjamin)
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Filing 124
OPINION AND ORDER re: #113 MOTION for Default Judgment as to Defendant William McFarland, MOTION to Certify Class: For these reasons, the Court denies plaintiff Jung's motion for a default judgment but will conduct an evidentiary hearing on the issues outlined herein. Within 14 days, plaintiffs shall submit a proposed witness and exhibit list. The Court denies Jung's motion to certify a class. The Clerk is directed to terminate the relevant motions (Docs 111, 113.) (Signed by Judge P. Kevin Castel on 12/1/2020) (jwh)
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***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. (85 in 1:18-cv-00449-PKC) Proposed Default Judgment, was reviewed and approved as to form. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(dt)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. (84 in 1:18-cv-00449-PKC) Proposed Order, was reviewed and approved as to form. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(dt)
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Filing 123
CERTIFICATE OF SERVICE of PLAINTIFF DANIEL JUNGS NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION AND DEFAULT JUDGMENT AS TO DEFENDANT WILLIAM MCFARLAND; [PROPOSED] ORDER RE CLASS CERTIFICATION; [PROPOSED] DEFAULT JUDGMENT AS TO DEFENDANT WILLIAM MCFARLAND; PROOF OF SERVICE served on William McFarland on June 22, 2020. Service was made by Mail. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC.(Meiselas, Benjamin)
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Filing 122
PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Daniel Jung..(Meiselas, Benjamin) Proposed Default Judgment to be reviewed by Clerk's Office staff.
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Filing 121
PROPOSED ORDER. Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Daniel Jung. Related Document Number: #113 ..(Meiselas, Benjamin) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 120
CERTIFICATE OF SERVICE of MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF DANIEL JUNGS MOTION FOR CLASS CERTIFICATION AND DEFAULT JUDGMENT AS TO DEFENDANT WILLIAM MCFARLAND; DECLARATION OF DANIEL JUNG IN SUPPORT OF MOTION FOR CLASS CERTIFICATION AND DEFAULT JUDGMENT; DECLARATION OF LAUREN MAINERO IN SUPPORT OF MOTION FOR CLASS CERTIFICATION AND DEFAULT JUDGMENT; DECLARATION OF HALLIE WILSON IN SUPPORT OF MOTION FOR CLASS CERTIFICATION AND DEFAULT JUDGMENT; DECLARATION OF ZENOVIA PITTAS IN SUPPORT OF MOTION FOR CLASS CERTIFICATION AND DEFAULT JUDGMENT; DECLARATION OF BEN MEISELAS IN SUPPORT OF PLAINTIFF DANIEL JUNGS MOTION FOR CLASS CERTIFICATION AND DEFAULT JUDGMENT AS TO DEFENDANT WILLIAM MCFARLAND; [PROPOSED] ORDER RE PLAINTIFF DANIEL JUNGS MOTION FOR CLASS CERTIFICATION AND DEFAULT JUDGMENT AS TO DEFENDANT WILLIAM MCFARLAND; and PROOF OF SERVICE served on William McFarland on June 19, 2020. Service was made by Mail. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC.(Meiselas, Benjamin)
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Filing 119
DECLARATION of Zenovia Pittas in Support re: (76 in 1:18-cv-00449-PKC, 76 in 1:18-cv-00449-PKC, 50 in 1:17-cv-03541-PKC, 50 in 1:17-cv-03541-PKC, 113 in 1:17-cv-03296-PKC, 113 in 1:17-cv-03296-PKC, 51 in 1:17-cv-03461-PKC, 51 in 1:17-cv-03461-PKC, 51 in 1:18-cv-00146-PKC, 51 in 1:18-cv-00146-PKC) MOTION for Default Judgment as to Defendant William McFarland. MOTION to Certify Class .. Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Daniel Jung. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC.(Meiselas, Benjamin)
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Filing 118
DECLARATION of Hallie Wilson in Support re: (76 in 1:18-cv-00449-PKC, 76 in 1:18-cv-00449-PKC, 50 in 1:17-cv-03541-PKC, 50 in 1:17-cv-03541-PKC, 113 in 1:17-cv-03296-PKC, 113 in 1:17-cv-03296-PKC, 51 in 1:17-cv-03461-PKC, 51 in 1:17-cv-03461-PKC, 51 in 1:18-cv-00146-PKC, 51 in 1:18-cv-00146-PKC) MOTION for Default Judgment as to Defendant William McFarland. MOTION to Certify Class .. Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Daniel Jung. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC.(Meiselas, Benjamin)
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Filing 117
DECLARATION of Lauren Mainero in Support re: (76 in 1:18-cv-00449-PKC, 76 in 1:18-cv-00449-PKC, 50 in 1:17-cv-03541-PKC, 50 in 1:17-cv-03541-PKC, 113 in 1:17-cv-03296-PKC, 113 in 1:17-cv-03296-PKC, 51 in 1:17-cv-03461-PKC, 51 in 1:17-cv-03461-PKC, 51 in 1:18-cv-00146-PKC, 51 in 1:18-cv-00146-PKC) MOTION for Default Judgment as to Defendant William McFarland. MOTION to Certify Class .. Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Daniel Jung. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC.(Meiselas, Benjamin)
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Filing 116
DECLARATION of Daniel Jung in Support re: (76 in 1:18-cv-00449-PKC, 76 in 1:18-cv-00449-PKC, 50 in 1:17-cv-03541-PKC, 50 in 1:17-cv-03541-PKC, 113 in 1:17-cv-03296-PKC, 113 in 1:17-cv-03296-PKC, 51 in 1:17-cv-03461-PKC, 51 in 1:17-cv-03461-PKC, 51 in 1:18-cv-00146-PKC, 51 in 1:18-cv-00146-PKC) MOTION for Default Judgment as to Defendant William McFarland. MOTION to Certify Class .. Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Daniel Jung. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC.(Meiselas, Benjamin)
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Filing 115
DECLARATION of Ben Meiselas in Support re: (76 in 1:18-cv-00449-PKC, 76 in 1:18-cv-00449-PKC, 50 in 1:17-cv-03541-PKC, 50 in 1:17-cv-03541-PKC, 113 in 1:17-cv-03296-PKC, 113 in 1:17-cv-03296-PKC, 51 in 1:17-cv-03461-PKC, 51 in 1:17-cv-03461-PKC, 51 in 1:18-cv-00146-PKC, 51 in 1:18-cv-00146-PKC) MOTION for Default Judgment as to Defendant William McFarland. MOTION to Certify Class .. Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Daniel Jung. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC.(Meiselas, Benjamin)
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Filing 114
MEMORANDUM OF LAW in Support re: (76 in 1:18-cv-00449-PKC, 76 in 1:18-cv-00449-PKC, 50 in 1:17-cv-03541-PKC, 50 in 1:17-cv-03541-PKC, 113 in 1:17-cv-03296-PKC, 113 in 1:17-cv-03296-PKC, 51 in 1:17-cv-03461-PKC, 51 in 1:17-cv-03461-PKC, 51 in 1:18-cv-00146-PKC, 51 in 1:18-cv-00146-PKC) MOTION for Default Judgment as to Defendant William McFarland. MOTION to Certify Class . . Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Daniel Jung. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC.(Meiselas, Benjamin)
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Filing 113
MOTION for Default Judgment as to Defendant William McFarland., MOTION to Certify Class . Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Daniel Jung.Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC.(Meiselas, Benjamin)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Banjamin Meiselas to RE-FILE Document (75 in 1:18-cv-00449-PKC) Proposed Default Judgment,. ERROR(S): You should have a Separate Order for Class Certification, then a Separate Default Judgment which you have to include in favor of Plaintiffs (Names of Plaintiffs, and the judgment class against the Defendant William McFarland * There is a Sample of a Default Judgment on the Court's Website under forms, use that format)*. You would separately file the Order using the event type Proposed Order found under the event list Proposed Orders, then separately file the Default Judgment using the event type Proposed Default Judgment. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(dt)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Banjamin Meiselas to RE-FILE Document (74 in 1:18-cv-00449-PKC, 74 in 1:18-cv-00449-PKC) MOTION for Default Judgment as to Defendant William McFarland. MOTION to Certify Class . There is no Motion filed, it is a Memorandum of Law in Support of a Motion. You have to first file a Motion, then Separately file the Memorandum of Law in Support of the Motion, then separately file the 5 Declarations with exhibits. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(dt)
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Filing 112
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Daniel Jung.(Meiselas, Benjamin) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 6/22/2020 (dt).
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Filing 111
FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - MOTION for Default Judgment as to Defendant William McFarland., MOTION to Certify Class . Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Daniel Jung. (Attachments: #1 Affidavit Declaration of Ben Meiselas, #2 Affidavit Declaration of Daniel Jung, #3 Affidavit Declaration of Lauren Mainero, #4 Affidavit Declaration of Hallie Wilson, #5 Affidavit Declaration of Zenovia Pittas, #6 Text of Proposed Order, #7 Proof of Service)Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC.(Meiselas, Benjamin) Modified on 6/22/2020 (dt).
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Filing 110
ORDER: The Clerk issued a Certificate of Default for defendant McFarland on March 26, 2020. By June 19, 2020, plaintiffs shall serve and file their motion for a default judgment. SO ORDERED. (Motions due by 6/19/2020). (Signed by Judge P. Kevin Castel on 5/18/2020) (rjm)
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Filing 109
CLERK'S CERTIFICATE OF DEFAULT as to William McFarland, issued March 26, 2020..(dt)
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Filing 108
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Entry of Default as to William McFarland . Document filed by Daniel Jung. (Attachments: #1 Affidavit Affirmation in Support of Request for Certificate of Default).(Meiselas, Benjamin) Modified on 4/22/2020 (db).
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Filing 107
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Daniel Jung..(Meiselas, Benjamin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 106
ACKNOWLEDGMENT OF SERVICE. William McFarland served on 1/31/2020, answer due 2/21/2020. Service was accepted by WILLIAM MCFARLAND. Document filed by Daniel Jung..(Meiselas, Benjamin)
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Filing 105
OPINION AND ORDER re: #102 MOTION for Leave to File Third Consolidated Amended Class Action Complaint; #100 MOTION for Reconsideration: Plaintiffs' motions for reconsideration and for leave to file an amended complaint are DENIED. The Clerk is directed to terminate the motions (Docs 100, 102). (Signed by Judge P. Kevin Castel on 11/77/2019) (jwh)
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Filing 104
DECLARATION of Ben Meiselas in Support re: (102 in 1:17-cv-03296-PKC, 45 in 1:18-cv-00146-PKC, 70 in 1:18-cv-00449-PKC, 45 in 1:17-cv-03461-PKC, 44 in 1:17-cv-03541-PKC) MOTION for Leave to File Third Consolidated Amended Class Action Complaint .. Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello. (Attachments: #1 Exhibit Ex. 1 to Declaration of Meiselas-Proposed Amended Complaint, #2 Exhibit Ex. A to Amended Complaint, #3 Exhibit Ex. B to Amended Complaint, #4 Exhibit Ex. C to Amended Complaint, #5 Exhibit Ex. D to Amended Complaint, #6 Exhibit Ex. E to Amended Complaint, #7 Exhibit Ex. F to Amended Complaint)Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(Glandian, Tina)
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Filing 103
MEMORANDUM OF LAW in Support re: (102 in 1:17-cv-03296-PKC, 45 in 1:18-cv-00146-PKC, 70 in 1:18-cv-00449-PKC, 45 in 1:17-cv-03461-PKC, 44 in 1:17-cv-03541-PKC) MOTION for Leave to File Third Consolidated Amended Class Action Complaint . . Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(Glandian, Tina)
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Filing 102
MOTION for Leave to File Third Consolidated Amended Class Action Complaint . Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello.Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(Glandian, Tina)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Tina Glandian to RE-FILE Document (40 in 1:17-cv-03541-PKC, 66 in 1:18-cv-00449-PKC, 41 in 1:17-cv-03461-PKC, 98 in 1:17-cv-03296-PKC, 41 in 1:18-cv-00146-PKC) Declaration in Support of Motion. ERROR(S): Document(s) linked to filing error. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(db)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Tina Glandian to RE-FILE Document (39 in 1:17-cv-03541-PKC, 97 in 1:17-cv-03296-PKC, 40 in 1:17-cv-03461-PKC, 65 in 1:18-cv-00449-PKC, 40 in 1:18-cv-00146-PKC) MOTION for Leave to File Third Consolidated Amended Class Action Complaint . Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - MOTION for Leave to File Document WAS NOT FILED. First file Motion, then file and link any supporting documents. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(db)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #99 Proposed Order was reviewed and approved as to form. (km)
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Filing 101
DECLARATION of Ben Meiselas in Support re: (43 in 1:18-cv-00146-PKC, 42 in 1:17-cv-03541-PKC, 68 in 1:18-cv-00449-PKC, 100 in 1:17-cv-03296-PKC, 43 in 1:17-cv-03461-PKC) MOTION for Reconsideration re; (90 in 1:17-cv-03296-PKC, 90 in 1:17-cv-03296-PKC) Memorandum & Opinion, Add and Terminate Parties,,,, .. Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(Glandian, Tina)
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Filing 100
MOTION for Reconsideration re; (90 in 1:17-cv-03296-PKC, 90 in 1:17-cv-03296-PKC) Memorandum & Opinion, Add and Terminate Parties,,,, . Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello.Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(Glandian, Tina)
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Filing 99
PROPOSED ORDER. Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello. Related Document Number: #97 . (Glandian, Tina) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 98
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Ben Meiselas in Support re: (97 in 1:17-cv-03296-PKC, 65 in 1:18-cv-00449-PKC, 39 in 1:17-cv-03541-PKC, 40 in 1:17-cv-03461-PKC, 40 in 1:18-cv-00146-PKC) MOTION for Leave to File Third Consolidated Amended Class Action Complaint .. Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(Glandian, Tina) Modified on 10/11/2019 (db).
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Filing 97
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Leave to File Third Consolidated Amended Class Action Complaint . Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello.Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(Glandian, Tina) Modified on 10/11/2019 (db).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Tina Glandian to RE-FILE Document (38 in 1:17-cv-03541-PKC, 39 in 1:18-cv-00146-PKC, 94 in 1:17-cv-03296-PKC, 39 in 1:17-cv-03461-PKC, 64 in 1:18-cv-00449-PKC) MOTION for Reconsideration re; (90 in 1:17-cv-03296-PKC, 90 in 1:17-cv-03296-PKC) Memorandum & Opinion, Add and Terminate Parties, . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(ldi)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Tina Glandian to RE-FILE Document (37 in 1:17-cv-03541-PKC, 38 in 1:18-cv-00146-PKC, 38 in 1:17-cv-03461-PKC, 93 in 1:17-cv-03296-PKC, 63 in 1:18-cv-00449-PKC) MOTION for Leave to File Third Consolidated Amended Class Action Complaint . Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. NOTE: The Declaration in Support must be filed separately. **You must file a Motion first, then re-file and link the supporting documents. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(ldi)
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Filing 96
DEFENDANT MARGOLIN'S MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTION FOR RECONSIDERATION, re: #94 MOTION for Reconsideration re; (90 in 1:17-cv-03296-PKC, 90 in 1:17-cv-03296-PKC) Memorandum & Opinion, Add and Terminate Parties, . Document filed by Grant Margolin. (Attachments: #1 Affidavit)(sc) (Main Document 96 replaced on 10/22/2019) (sac).
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Filing 95
RESPONSE in Opposition to Motion re: #93 MOTION for Leave to File Third Consolidated Amended Class Action Complaint . . Document filed by Jeffrey Atkins. (Attachments: #1 Exhibit Attendees' Arrival Time)(Smith, Ryan)
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Filing 94
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration re; (90 in 1:17-cv-03296-PKC, 90 in 1:17-cv-03296-PKC) Memorandum & Opinion, Add and Terminate Parties,,,, . Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Anthony Lauriello, Daniel Jung. (Attachments: #1 Affidavit of Ben J. Meiselas In Support of Motion for Reconsideration)Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(Glandian, Tina) Modified on 10/3/2019 (ldi).
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Filing 93
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Leave to File Third Consolidated Amended Class Action Complaint . Document filed by Ritu Jutla, Zenovia Pittas, Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello. (Attachments: #1 Affidavit Declaration of Ben J. Meiselas in Support of Plaintiffs' Motion to Amend, #2 Third Consolidated Amended Class Action Complaint, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Text of Proposed Order [Proposed] Order)Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(Glandian, Tina) Modified on 10/3/2019 (ldi).
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Filing 92
NOTICE OF APPEARANCE by Tina Glandian on behalf of Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas. (Glandian, Tina)
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Filing 91
ORDER: Plaintiffs must demonstrate proof of service of any amended pleading to obtain a Clerk's certificate of default in order to proceed with any anticipated motions for default judgment. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/15/2019) (ks)
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Filing 90
OPINION AND ORDER. Defendant Atkins and Margolin's motions to dismiss are GRANTED. Within 21 days of this Order, plaintiffs may move to amend to set forth in a proposed pleading allegations of reasonable reliance and causation as to each plaintiff. The Clerk is directed to terminate the motions (Docs 71, 73). SO ORDERED. re: #73 MOTION to Dismiss filed by Grant Margolin, #71 FIRST MOTION to Dismiss pursuant to Rule 12(b)(6) filed by Jeffrey Atkins. Jeffrey Atkins (an individual) and Grant Margolin (an individual) terminated. (Signed by Judge P. Kevin Castel on 7/10/2019) (rjm)
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Filing 89
ORDER granting #88 Letter Motion to Adjourn Conference. June 12 conference is VACATED. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/30/2019) (ne)
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Filing 88
LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from Jeffrey Atkins dated 05/30/2019. Document filed by Jeffrey Atkins. (Attachments: #1 Exhibit)(Smith, Ryan)
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Filing 87
MEMO ENDORSEMENT granting #84 Motion to Withdraw as Attorney. ENDORSEMENT: Application Granted. (Attorney Andrea Lee Clisura terminated.) (Signed by Judge P. Kevin Castel on 4/2/2019) (jwh)
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Filing 86
Conference Vacated as per Judge's Order dated 5/31/2019, Doc. # 89 ORDER granting #85 Letter Motion to Adjourn Conference: Conference adjourned from April 11, 2019 to June 12, 2019 at 11 :30 a.m. (Case Management Conference set for 6/12/2019 at 11:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 4/2/2019) (jwh) Modified on 5/31/2019 (ne).
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Filing 85
LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from Ryan Smith dated 04/01/2019. Document filed by Jeffrey Atkins. (Attachments: #1 Exhibit, #2 Exhibit)(Smith, Ryan)
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Filing 84
MOTION for Andrea Clisura to Withdraw as Attorney . Document filed by Matthew Herlihy, Anthony Lauriello.(Clisura, Andrea)
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Filing 83
ORDER, The conference scheduled for February 11, 2019 is adjourned to April 11, 2019 at 11:00 AM in Courtroom 11D, 500 Pearl Street, New York, NY, 10007. (Case Management Conference set for 4/11/2019 at 11:00 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 1/30/2019) (kv)
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Filing 82
ORDER granting81Letter Motion to Adjourn Conference. Case Management Conference is adjourned to 2/11/2019 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) Modified on 1/23/2019 (Landers, Rigoberto).
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Filing 81
FIRST LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from Ryan Smith on behalf of Defendant Jeffrey Atkins dated 11/16/2018. Document filed by Jeffrey Atkins.(Smith, Ryan)
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Filing 80
NOTICE OF APPEARANCE by Lori Gwen Feldman on behalf of Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas. (Feldman, Lori)
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Filing 79
ORDER granting (33) Letter Motion to Substitute Attorney in case 1:18-cv-00146-PKC. Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/6/2018) Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC (mro)
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Filing 78
FIRST REPLY MEMORANDUM OF LAW in Support re: #71 FIRST MOTION to Dismiss pursuant to Rule 12(b)(6). DEFENDANT ATKINS'S REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF HIS MOTION TO DISMISS THE SECOND AMENDED COMPLAINT. Document filed by Jeffrey Atkins. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Smith, Ryan)
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Filing 77
DEFENDANT MARGOLIN'S REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF HIS MOTION TO DISMISS THE SECOND AMENDED COMPLAINT; re: #73 MOTION to Dismiss. Document filed by Grant Margolin. (sc)
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Filing 76
REPLY MEMORANDUM OF LAW in Opposition re: #73 MOTION to Dismiss. . Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas. (Attachments: #1 Affidavit Lori G. Feldman in Support of Plaintiff's Opposition to Defendant Margolin's Motion to Dismiss, #2 Exhibit A-D to Declaration of Lori G. Feldman)(Feldman, Lori)
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Filing 75
REPLY MEMORANDUM OF LAW in Opposition re: #71 FIRST MOTION to Dismiss pursuant to Rule 12(b)(6). . Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas. (Feldman, Lori)
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Filing 74
DEFENDANT GRANT MARGOLIN'S MEMORANDUM OF LAW IN SUPPORT OF HIS MOTION TO DISMISS THE SECOND AMENDED COMPLAINT; re: #73 MOTION to Dismiss. Document filed by Grant Margolin. (sc)
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Filing 73
NOTICE OF MOTION TO DISMISS THE SECOND AMENDED COMPLAINT. Document filed by Grant Margolin.(sc)
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Filing 72
FIRST MEMORANDUM OF LAW in Support re: #71 FIRST MOTION to Dismiss pursuant to Rule 12(b)(6). . Document filed by Jeffrey Atkins. (Attachments: #1 Exhibit)(Smith, Ryan)
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Filing 71
FIRST MOTION to Dismiss pursuant to Rule 12(b)(6). Document filed by Jeffrey Atkins. (Attachments: #1 Service)(Smith, Ryan)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Ryan Hayden Smith to RE-FILE Document #68 MOTION to Dismiss pursuant to Rule 12(b)(6). (1) Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (2) Make sure that when refiled, the Memorandum in Support of Motion has a Formal Cover Page (i.e., Court Type, Parties, Case Number, Document Type). (3) First file the attached Exhibit 1 AS THE MOTION to Dismiss, then file and link any supporting documents. (db)
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Filing 70
NOTICE of Change of Phone Number by Attorney Rosemary M. Rivas. Document filed by Matthew Herlihy, Anthony Lauriello. (Rivas, Rosemary)
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Filing 69
NOTICE OF CHANGE OF ADDRESS by Andrea Lee Clisura on behalf of Matthew Herlihy, Anthony Lauriello. New Address: Levi & Korsinsky, LLP, 55 Broadway, 10th Floor, New York, NY, USA 10006, 212-363-7500. (Clisura, Andrea)
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Filing 68
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss pursuant to Rule 12(b)(6). Document filed by Jeffrey Atkins. (Attachments: #1 Motion, #2 Exhibit Exhibit 1, #3 Certificate of Service)(Smith, Ryan) Modified on 9/7/2018 (db).
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Filing 67
MEMO ENDORSEMENT on re: #66 Letter filed by Grant Margolin. ENDORSEMENT: Mr. Margolin may have until September 11, 2018 to file his motion. Plaintiff may have until October 12 to respond to all motions by any defendant. All defendants may reply by October 26. (Motions due by 9/11/2018., Responses due by 10/12/2018, Replies due by 10/26/2018.) (Signed by Judge P. Kevin Castel on 8/22/2018) (cf) Copies Mailed By Chambers Modified on 12/7/2018 (cf).
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Filing 66
LETTER addressed to Judge P. Kevin Castel from Grant Margolin dated 8/15/2018 re: I will not respond to all the ad hominem attacks in this new letter, but wish to briefly respond to a few points. Document filed by Grant Margolin. (kgo)
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Filing 65
LETTER addressed to Judge P. Kevin Castel from Lori G. Feldman dated August 13, 2018 re: Response to Pre-Motion Letter of Defendant Margolin Dated August 6, 2018. Document filed by Matthew Herlihy, Daniel Jung, Ritu Jutla, Anthony Lauriello, Zenovia Pittas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Feldman, Lori)
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Filing 64
LETTER addressed to Judge P. Kevin Castel from Grant Margolin, dated 8/2/18 re: Defendant Grant Margolin requests that the Court grant permission to bring a motion to dismiss, similar to the motion requested by the defendant, Jeffrey Atkins, in his 7/6/18 letter which is attaced (as indicated). Document filed by Grant Margolin.(sc)
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Filing 63
NOTICE OF APPEARANCE PRO SE, by Grant Margolin. (sc)
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Filing 62
SUMMONS RETURNED EXECUTED. Grant Margolin served on 6/28/2018, answer due 7/19/2018. Service was accepted by Abe Margolin, Defendant's Father. Service was made by MAIL. Document filed by Daniel Jung; Zenovia Pittas; Ritu Jutla. (Feldman, Lori)
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Filing 61
ORDER granting #60 Letter Motion for Extension of Time. Application granted. Motions due by 8/28/2018. (Signed by Judge P. Kevin Castel on 7/18/2018) (kgo)
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Set/Reset Deadlines: Responses due by 9/28/2018 Replies due by 10/5/2018. (kgo)
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Filing 60
JOINT LETTER MOTION for Extension of Time to File Motion to Dismiss, Opposition, and Reply addressed to Judge P. Kevin Castel from Lori G. Feldman & Ryan Smith dated 07/18/2018. Document filed by Daniel Jung, Ritu Jutla, Zenovia Pittas.(Feldman, Lori)
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Filing 59
SCHEDULING ORDER: Defendant may file his motion to dismiss by July 24, 2018 and may file a brief up to 40 pages in length. Plaintiffs may respond to the motion by August 21, 2018 and may file up to 40 pages in length. Defendant may reply by August 29. Discovery is stayed pending further Order of this Court. (As further set forth in this Order.) Motions due by 7/24/2018. Responses due by 8/21/2018 Replies due by 8/29/2018. (Signed by Judge P. Kevin Castel on 7/13/2018) (cf)
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Filing 58
LETTER RESPONSE to Motion addressed to Judge P. Kevin Castel from Lori G. Feldman dated 07/13/2018 re: #57 SECOND LETTER MOTION for Leave to File 12(b)(6) Motion to Dismiss Second Amended Consolidated Class Action Complaint addressed to Judge P. Kevin Castel from Ryan Smith dated 07/06/2018. . Document filed by Daniel Jung, Ritu Jutla, Zenovia Pittas. (Feldman, Lori)
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Filing 57
SECOND LETTER MOTION for Leave to File 12(b)(6) Motion to Dismiss Second Amended Consolidated Class Action Complaint addressed to Judge P. Kevin Castel from Ryan Smith dated 07/06/2018. Document filed by Jeffrey Atkins.(Smith, Ryan)
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Filing 56
SECOND AMENDED COMPLAINT amending #47 Amended Complaint, against Jeffrey Atkins, Investors Doe, Does 1 through 50, inclusive, Fyre Media, Inc, Grant Margolin, William McFarland, Doe Property Owner with JURY DEMAND.Document filed by Daniel Jung, Zenovia Pittas, Ritu Jutla. Related document: #47 Amended Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Certificate of Service)(Feldman, Lori)
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Filing 55
MEMO ENDORSEMENT on re: #54 Response to Motion, filed by Ritu Jutla, Zenovia Pittas, Daniel Jung. ENDORSEMENT: Motion schedule is vacated. Submit premotion letter directed to CAC. Application to amend is granted. OK. (Signed by Judge P. Kevin Castel on 6/12/2018) (kgo)
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Set/Reset Deadlines: Amended Pleadings due by 6/25/2018. (kgo)
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Filing 54
LETTER RESPONSE to Motion addressed to Judge P. Kevin Castel from Lori G. Feldman dated 06/11/2018 re: #49 PROPOSED LETTER MOTION for Leave to File 12(b)(6), oversized addressed to Judge P. Kevin Castel from Ryan Smith dated 06/05/2018. . Document filed by Daniel Jung, Ritu Jutla, Zenovia Pittas. (Feldman, Lori)
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Filing 53
LETTER RESPONSE to Motion addressed to Judge P. Kevin Castel from Lori G. Feldman dated 06/11/2018 re: #49 PROPOSED LETTER MOTION for Leave to File 12(b)(6), oversized addressed to Judge P. Kevin Castel from Ryan Smith dated 06/05/2018. . Document filed by Daniel Jung, Ritu Jutla, Zenovia Pittas. (Attachments: #1 Exhibit)(Feldman, Lori)
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Filing 52
ORDER granting #49 Letter Motion for Leave to File Document. File proposed motion by June 29. Response due July 27. Any reply due August 7. Opening and opposition brief up to 20 pages and reply 25 pages. (Signed by Judge P. Kevin Castel on 6/11/2018) (kgo)
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Set/Reset Deadlines: Motions due by 6/29/2018. Responses due by 7/27/2018 Replies due by 8/7/2018. (kgo)
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Filing 51
ELECTRONIC SUMMONS ISSUED as to Grant Margolin. (jgo)
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Filing 50
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Grant Margolin, re: #47 Amended Complaint,. Document filed by Daniel Jung, Ritu Jutla, Zenovia Pittas. (Feldman, Lori)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lori Feldman to RE-FILE Document No. #48 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): The REQUEST FOR SUMMONS MUST BE LINKED UP TO THE CORRESPONDING PLEADING WITHIN THE CORRESPONDING CASE. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (laq)
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Filing 49
PROPOSED LETTER MOTION for Leave to File 12(b)(6), oversized addressed to Judge P. Kevin Castel from Ryan Smith dated 06/05/2018. Document filed by Jeffrey Atkins.(Smith, Ryan)
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Filing 48
FILING ERROR - Summons not linked to corresponding pleading - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Grant Margolin, re: (47 in 1:17-cv-03296-PKC) Amended Complaint,. Document filed by Daniel Jung, Ritu Jutla, Zenovia Pittas. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(Feldman, Lori) Modified on 6/6/2018 (laq).
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Filing 47
AMENDED COMPLAINT amending #1 Complaint against Jeffrey Atkins, Investors Doe, Does 1 through 50, inclusive, Fyre Media, Inc, Grant Margolin, William McFarland, Doe Property Owner with JURY DEMAND.Document filed by Daniel Jung, Zenovia Pittas, Ritu Jutla. Related document: #1 Complaint. (Attachments: #1 Exhibit Consent to File Amended Pleading, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Feldman, Lori)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lori Gwen Feldman to RE-FILE Document No. #46 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; Does 1 through 50, inclusive, Investors Doe and Doe Property Owner also need to be selected as parties the amended complaint is being filed against. 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. (pc)
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Filing 46
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #44 Amended Complaint, against Jeffrey Atkins, Fyre Media, Inc, Grant Margolin, William McFarland with JURY DEMAND.Document filed by Daniel Jung, Zenovia Pittas, Ritu Jutla. Related document: #44 Amended Complaint,. (Attachments: #1 Exhibit Consent to File Amended Pleading, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Feldman, Lori) Modified on 5/31/2018 (pc).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lori Gwen Feldman to RE-FILE re: Document No. #44 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the order granting permission to file the pleading was not attached. 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. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lori Gwen Feldman to RE-FILE Document No. #45 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): Summons not linked to a document; The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
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Filing 45
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Grant Margolin, re: (44 in 1:17-cv-03296-PKC) Amended Complaint,. Document filed by Daniel Jung, Ritu Jutla, Zenovia Pittas. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(Feldman, Lori)
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Filing 44
FILING ERROR - PDF ERROR - AMENDED COMPLAINT amending #41 Amended Complaint, against Jeffrey Atkins, Fyre Media, Inc, Grant Margolin, William McFarland with JURY DEMAND.Document filed by Daniel Jung, Zenovia Pittas, Ritu Jutla. Related document: #41 Amended Complaint,. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Feldman, Lori) Modified on 5/30/2018 (vf).
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Filing 43
ORDER granting (40) Letter Motion to Substitute Attorney ; granting (31) Letter Motion to Substitute Attorney. Application for substitution is GRANTED with the filing of the consolidated complaint, 17cv3541 is administratively closed. Attorney Bradley K. King and Tina Wolfson terminated in case 1:17-cv-03541-PKC; Attorney Bradley K. King and Tina Wolfson terminated in case 1:17-cv-03296-PKC. (Signed by Judge P. Kevin Castel on 5/24/2018) Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03541-PKC (kgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lori Feldman to RE-FILE Document No. #41 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. ALSO, THE DEADLINE TO FILE WAS 5/18/2018 - TO SEEK TO REFILE, YOU MUST PERMISSION TO TO REFILE BY THE COURT OR BY OPPOSING COUNSEL 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. (laq)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lori Feldman to RE-FILE Document No. #42 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the summons must be requested once the pleading has been docketed and accepted; ALSO, the summons has not been linked to any document. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (laq) Modified on 5/25/2018 (laq).
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Filing 42
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Grant Margolin, re: (41 in 1:17-cv-03296-PKC) Amended Complaint,. Document filed by Daniel Jung, Ritu Jutla, Zenovia Pittas. Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(Feldman, Lori)
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Filing 41
FILING ERROR - PDF ERROR - AMENDED COMPLAINT amending #1 Complaint against Jeffrey Atkins, Fyre Media, Inc, Grant Margolin, William McFarland with JURY DEMAND.Document filed by Daniel Jung, Zenovia Pittas, Ritu Jutla. Related document: #1 Complaint. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Feldman, Lori) Modified on 5/25/2018 (laq).
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Filing 40
CONSENT LETTER MOTION to Substitute Attorney. Old Attorney: Tina Wolfson and Bradley K. King, New Attorney: Lori Feldman Joint Consent Motion to Substitute Counsel for Plaintiffs Ritu Jutla and Zenovia Pittas and Withdraw as Counsel for Plaintiff Daniel Sepulveda addressed to Judge P. Kevin Castel from Bradley K. King, Tina Wolfson, and Lori Feldman dated May 18, 2018. Document filed by Ritu Jutla, Zenovia Pittas, Daniel Sepulveda.Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(King, Bradley)
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Filing 39
ORDER granting #38 Letter Motion for Extension of Time. Application granted. Amended Pleadings due by 5/18/2018. (Signed by Judge P. Kevin Castel on 4/16/2018) (cf)
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Filing 38
JOINT LETTER MOTION for Extension of Time to File the Consolidated Amended Complaint (CAC) addressed to Judge P. Kevin Castel from Lori G. Feldman and Ryan Smith dated 04/13/2018. Document filed by Daniel Jung.(Feldman, Lori)
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Filing 37
NOTICE OF APPEARANCE by Paul Robert Niehaus on behalf of Jeffrey Atkins. (Niehaus, Paul)
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Filing 36
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Revised Proposed Civil Case Management Plan (the "Plan") is submitted by the plaintiffs and defendant Jeffrey Atkins in all five cases above in accordance with Rule 26(f)(3), Fed. R. Civ. All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Consolidated Amended Complaint ("CAC") to be filed by April 20, 2018. All fact discovery shall be completed no later than November 15, 208. Depositions to be completed by 9/28/18. Counsel for the parties have conferred and their present best estimate of the length of trial is: 10 days. The next Case Management Conference is scheduled for November 30, 2018 at 11:00. (As further set forth in this Order.) Deposition due by 9/28/2018. Fact Discovery due by 11/15/2018. Case Management Conference set for 11/30/2018 at 11:00 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 3/13/2018) Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(cf) Modified on 5/3/2018 (cf).
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Filing 35
ORDER FOLLOWING PRETRIAL CONFERENCE: As a result of a Pre-Trial Conference held before the Court today, the following is ORDERED: 1. The above five actions are consolidated under docket 17 cv 3296. 2. The plaintiffs shall file a Consolidated Amended Complaint by April 20, 2018. 3. The caption is amended to read "IN RE FYRE Festival Litagation". 4. Geragos & Geragos is appointed lead counsel on consent. The next Case Management Conference will be held on November 30 at 11 am. Any conference scheduled for a date prior thereto is adjourned. (Amended Pleadings due by 4/20/2018., Case Management Conference set for 11/30/2018 at 11:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/13/2018) Filed In Associated Cases: 1:17-cv-03296-PKC, 1:17-cv-03461-PKC, 1:17-cv-03541-PKC, 1:18-cv-00146-PKC, 1:18-cv-00449-PKC(cf)
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Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 3/13/2018. The next case management conference is scheduled for November 30, 2018 at 11:00 a.m. (Nacanther, Florence)
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Filing 34
ORDER denying #33 Letter Motion for Extension of Time. 1. What responsible lawyer would enter an appearance and substitution unless and until he or she was prepared to take over the case? Your firm's decision to appear is your firm's problem and your client's problem and not anyone else's problem. 2. That you are a North Carolina law firm (a point is make) is of no moment. 3. Having different dates for this conclusion of discovery in two of the five actions before the undersigned is a non-starter. Application DENIED. (Signed by Judge P. Kevin Castel on 3/5/2018) (cf)
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Filing 33
LETTER MOTION for Extension of Time addressed to Judge P. Kevin Castel from Ryan Hayden Smith dated 03/05/2018. Document filed by Jeffrey Atkins. (Attachments: #1 Text of Proposed Order)(Smith, Ryan)
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Filing 32
ORDER granting #31 Motion for Ryan Hayden Smith to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
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Filing 31
MOTION for Ryan Hayden Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jeffrey Atkins. (Attachments: #1 Affidavit, #2 Exhibit Certs. of Good Standing, #3 Text of Proposed Order)(Smith, Ryan)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Ryan Hayden Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
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Filing 30
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Ryan Hayden Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14753937. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jeffrey Atkins. (Attachments: #1 Affidavit, #2 Exhibit good standing certs., #3 Text of Proposed Order)(Smith, Ryan) Modified on 2/28/2018 (jc).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #30 FIRST MOTION for Ryan Hayden Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14753937. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): 1) missing Certificate of Good Standing from North Carolina Supreme Court (our court does not accept state bar certificates); and 2) case caption is missing from Attorney Affidavit. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc)
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Filing 29
ORDER: A conference is scheduled for March 13, 2018 at 11:00 a.m. in Courtroom 11D, 500 Pearl Street, New York, New York. (Status Conference set for 3/13/2018 at 11:00 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 1/23/2018) (cf)
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Filing 28
LETTER addressed to Judge P. Kevin Castel from Thomas Herndon Jr. dated November 30, 2017 re: Joint Response to November 17, 2017 Order. Document filed by Jeffrey Atkins.(Herndon, Thomas)
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Filing 27
AFFIDAVIT OF SERVICE of Answer, Affirmative Defenses, Cross-Claims, and Jury Demand on November 6, 2017. Service was accepted by Yves St. VIL (Concierge). Service was made by And Mail. Document filed by Jeffrey Atkins. (Herndon, Thomas)
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Filing 26
AFFIDAVIT OF SERVICE of Answer, Affirmative Defenses, Cross-Claims, and Jury Demand on October 26, 2017. Service was accepted by Nora Dindyal (Intake Specialist). Document filed by Jeffrey Atkins. (Herndon, Thomas)
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Filing 25
ORDER: Let the parties to the above-captioned actions show cause in writing by November 30, 2017 why the three actions ought not be consolidated, a consolidated amended complaint be ordered filed by December 29, 2017 and that 17 cv 3541 and 17 cv 3461, the higher numbered actions, be administratively closed and the consolidated action proceed under 17 cv 3296 under the Case Management Plan and Scheduling Order filed on October 17, 2017. (Signed by Judge P. Kevin Castel on 11/16/2017) (cf)
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Filing 24
ORDER terminating #22 Letter Motion for Leave to File Document. Disposed of in accordance with conference on Oct 17. Motion (22) is terminated. (Signed by Judge P. Kevin Castel on 10/18/2017) (ras)
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Filing 23
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 5 636(c). This case is to be tried to a jury. All fact discovery shall be completed no later than April 27, 2018. Depositions to be completed by 4/2/18. Counsel for the parties have conferred and their present best estimate of the length of trial is: 10 days. The next Case Management Conference is scheduled for 5/17/2018 at 10:30am. (As further set forth in this Order.) Deposition due by 4/2/2018. Fact Discovery due by 4/27/2018. Case Management Conference set for 5/17/2018 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 10/17/2017) (cf)
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Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 10/17/2017. The next case management conference is scheduled for May 17, 2018 at 10:30 a.m. (Nacanther, Florence)
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Filing 22
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Stipulation to Transfer Case Petrozziello v. Atkins, et al. (DNJ)(Case No.: 17-cv-03018 (SDW)(LDW)) addressed to Judge P. Kevin Castel from Thomas H. Herndon, Jr. dated 10/16/2017. Document filed by Jeffrey Atkins.(Herndon, Thomas) Modified on 12/21/2017 (ldi).
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Filing 21
LETTER addressed to Judge P. Kevin Castel from Rosemary M. Rivas, Marc L. Godino, and Thomas H. Herndon, Jr. dated October 10, 2017 re: Pretrial Conference and Civil Case Management Plan. Document filed by Matthew Herlihy, Anthony Lauriello. (Attachments: #1 Civil Case Management Plan and Scheduling Order)(Rivas, Rosemary)
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Filing 20
ANSWER to #1 Complaint with JURY DEMAND., CROSSCLAIM against Fyre Media, Inc, Grant Margolin, William McFarland. Document filed by Jeffrey Atkins.(Herndon, Thomas)
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time. Time to respond to complaint extended until September 11, 2017. Conference adjourned from September 15 to Oct. 17, 2017 at 10:45 a.m. (Signed by Judge P. Kevin Castel on 8/29/2017) (cf)
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Set/Reset Deadlines: Jeffrey Atkins answer due 9/11/2017., Set/Reset Hearings: (Initial Conference set for 10/17/2017 at 10:45 AM before Judge P. Kevin Castel.) (cf)
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Filing 18
FIRST LETTER MOTION for Extension of Time addressed to Judge P. Kevin Castel from Thomas H. Herndon, Jr. dated August 29, 2017. Document filed by Jeffrey Atkins. (Attachments: #1 Exhibit Stipulation)(Herndon, Thomas)
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Filing 17
NOTICE OF APPEARANCE by Thomas Hunter Herndon, II on behalf of Jeffrey Atkins. (Herndon, Thomas)
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Filing 16
REQUEST TO ENTER DEFAULT against Fyre Media, Inc. and William McFarland . Document filed by Matthew Herlihy, Anthony Lauriello. (Attachments: #1 Clerk's Certificate of Defaults, #2 Declaration of Rosemary M. Rivas in Support of Request for Entry of Defaults)(Clisura, Andrea)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Andrea Lee Clisura to RE-FILE Document #10 MOTION for Entry of Default as to Fyre Media, Inc. and William McFarland . Use the event type Request to Enter Default found under the event list Other Documents. (ldi)
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Filing 15
CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL DENYING TRANSFER....that the motion, pursuant to 28 U.S.C. 1407(c), for transfer of the action to the United States District Court - Southern District of New York, be, and the same hereby is denied. (Signed by MDL Panel on 8/2/2017) (sjo)
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Filing 14
MEMO ENDORSEMENT on re: #13 Letter filed by Matthew Herlihy. ENDORSEMENT: Conference Adjourned From: 7/6/2017 To: Sept. 15, 2017 at 11:15 a.m. SO ORDERED. (Initial Conference set for 9/15/2017 at 11:15 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 6/27/2017) (ras)
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Filing 13
LETTER addressed to Judge P. Kevin Castel from Andrea Clisura dated 06/27/2017 re: Request for Adjournment of Initial Conference. Document filed by Matthew Herlihy.(Clisura, Andrea)
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Filing 12
SUMMONS RETURNED EXECUTED. Jeffrey Atkins served on 6/13/2017, answer due 7/5/2017. Service was accepted by Jeffrey Atkins p/k/a Ja Rule. Document filed by Matthew Herlihy; Anthony Lauriello. (Clisura, Andrea)
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Filing 11
ORDER granting #9 Motion for Rosemary M. Rivas to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
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Filing 10
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Entry of Default as to Fyre Media, Inc. and William McFarland . Document filed by Matthew Herlihy, Anthony Lauriello. (Attachments: #1 Clerk's Certificate of Defaults, #2 Declaration of Rosemary M. Rivas in Support of Request for Entry of Defaults)(Clisura, Andrea) Modified on 8/9/2017 (ldi).
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Filing 9
MOTION for Rosemary M. Rivas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13743359. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Matthew Herlihy, Anthony Lauriello. (Attachments: #1 Affidavit of Rosemary M. Rivas, #2 Text of Proposed Order)(Rivas, Rosemary)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Rosemary M. Rivas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13743359. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 8
CERTIFICATE OF SERVICE of Order Initial Pretrial Conference served on Fyre Media, Inc. on 05/08/2017. Service was accepted by Nora Dindyal, Process Specialist. Document filed by Matthew Herlihy, Anthony Lauriello. (Clisura, Andrea)
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Filing 7
SUMMONS RETURNED EXECUTED Summons and Complaint served. Fyre Media, Inc served on 5/5/2017, answer due 5/26/2017. Service was accepted by Sattie Jairam, Agent. Document filed by Matthew Herlihy; Anthony Lauriello. (Clisura, Andrea)
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Filing 6
SUMMONS RETURNED EXECUTED. William McFarland served on 5/15/2017, answer due 6/5/2017. Service was accepted by Carlos Rodriguez, Agent. Document filed by Matthew Herlihy; Anthony Lauriello. (Clisura, Andrea)
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Filing 5
ORDER INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear for an Initial Pretrial Conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure on July 6, 2017 at 11:15 a.m. in Courtroom 11D at the United States Courthouse, 500 Pearl Street, New York, New York. COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS NOTICE TO ALL PARTIES. Initial Conference set for 7/6/2017 at 11:15 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel, and as further set forth. (Signed by Judge P. Kevin Castel on 5/5/2017) (ras)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Jeffrey Atkins, Fyre Media, Inc, Grant Margolin, William McFarland. (kl) (Main Document 4 replaced on 5/4/2017) (kl).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrea Lee Clisura re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (kl)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrea Lee Clisura. The party information for the following party/parties has been modified: Matthew Herlihy, Anthony Lauriello, Fyre Media, Inc, William McFarland, Jeffrey Atkins, Grant Margolin. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (kl)
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ADD PARTY FOR PLEADING. Defendants/Respondents Jeffrey Atkins, Fyre Media, Inc, Grant Margolin, William McFarland, Does 1 through 50, inclusive added. Party added pursuant to #1 Complaint. Document filed by Matthew Herlihy, Anthony Lauriello. Related document: #1 Complaint filed by Anthony Lauriello, Matthew Herlihy.(Clisura, Andrea)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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. (kl)
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Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (kl)
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Case Designated ECF. (kl)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Fyre Media, Inc.; William McFarland; Jeffrey Atkins p/k/a Ja Rule; Grant Margolin, re: #1 Complaint. Document filed by Matthew Herlihy, Anthony Lauriello. (Clisura, Andrea)
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Filing 2
CIVIL COVER SHEET filed. (Clisura, Andrea)
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Filing 1
COMPLAINT against Jeffrey Atkins, Fyre Media, Inc, Grant Margolin, William McFarland. (Filing Fee $ 400.00, Receipt Number 0208-13620867)Document filed by Matthew Herlihy, Anthony Lauriello.(Clisura, Andrea)
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