Karsch v. Blink Health LTD et al

Plaintiff:	Michael Karsch
Defendant:	Blink Health LTD (f/k/a Chaiken Holdings LLC and Vital Matters LLC), Geoffrey Chaiken, Matthew Chaiken, Blink Health LTD and Chaiken Holdings LLC and Vital Matters LLC
Case Number:	1:2017cv03880
Filed:	May 23, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Victor Marrero
Referring Judge:	Barbara C Moses
Nature of Suit:	Securities/Commodities
Cause of Action:	15 U.S.C. § 78
Jury Demanded By:	Both

Date Filed	Document Text
August 26, 2020	Filing 170 LETTER addressed to Judge Victor Marrero from Jonathan Sack dated August 26, 2020 re: Reply to Defendant's Request for Pre-Motion Conference. Document filed by Michael Karsch..(Sack, Jonathan)
August 21, 2020	Filing 169 MEMO ENDORSEMENT on re: #168 Letter filed by Matthew Chaiken, Blink Health LTD, Geoffrey Chaiken. ENDORSEMENT: Plaintiff is directed to respond by letter not to exceed three pages within five days of the date of this Order. SO ORDERED. (Signed by Judge Victor Marrero on 8/21/2020) (kv)
August 19, 2020	Filing 168 LETTER addressed to Judge Victor Marrero from Orin Snyder dated August 19, 2020 re: request for pre-motion conference. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken..(Snyder, Orin)
August 17, 2020	Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Settlement Conference held on 8/17/2020. (Snell, Kevin)
August 7, 2020	Filing 167 ORDER SCHEDULING SETTLEMENT CONFERENCE: granting #166 Letter Motion for Conference. A settlement conference is scheduled before Magistrate Judge Barbara Moses on August 17, 2020, at 2:15 p.m. THE PARTIES ARE DIRECTED TO READ THIS ENTIRE ORDER CAREFULLY. FAILURE TO COMPLY WITH PRE-CONFERENCE RESPONSIBILITIES MAY RESULT IN SANCTIONS. Attendance of Parties, Trial Counsel, and Carriers Required. Each party must attend the settlement conference, together with that party's lead trial attorney, via teleconference or other remote means (see Paragraph 6 below). And as set forth herein. SO ORDERED. Settlement Conference set for 8/17/2020 at 02:15 PM before Magistrate Judge Barbara C. Moses. Telephone Conference set for 8/17/2020 at 02:15 PM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 8/07/2020) (ama)
August 7, 2020	Terminate Transcript Deadlines (ama)
July 28, 2020	Filing 166 JOINT LETTER MOTION for Conference re: #165 Order,, / Request for Settlement Conference addressed to Magistrate Judge Barbara C. Moses from Orin Snyder and Jonathan S. Sack dated July 28, 2020. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken..(Snyder, Orin)
July 22, 2020	Filing 165 ORDER. Discovery having concluded (see Dkt. No. 160), the parties are directed to advise the Court by joint letter, no later than July 28, 2020, whether they believe a judicially supervised settlement conference would be productive. Absent further order of the Court, the scheduling of a settlement conference will not suspend the parties' deadline for summary judgment pre-motion conference letters (currently due by August 19, 2020, see Dkt. No. 160), or other pretrial obligations. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 7/22/20) (yv)
May 26, 2020	Filing 164 STIPULATION AND ORDER CONCERNING THE PROTOCOL FOR CONDUCTING REMOTE DEPOSITIONS: All depositions shall be conducted remotely using videoconference technology, and each deponent shall be video-recorded. The Parties agree that the Party noticing the deposition shall retain a legal services vendor that is equipped to provide court reporting, videoconference, and remote deposition services in conformity with the terms of this Stipulation. The Parties agree that an employee of the retained legal services vendor may attend each remote deposition to video record the deposition and troubleshoot any technological issues that may arise. The Parties agree that these video-recorded remote depositions may be used at a trial or hearing to the same extent that an in-person deposition may be used at trial or hearing, and the Parties agree not to object to the use of these video recordings on the basis that the deposition was taken remotely. The Parties reserve all other objections to the use of any deposition testimony at trial. All other provisions as further set forth in this order. So Ordered. Motions terminated: #163 CONSENT LETTER MOTION for Discovery - Remote Deposition Protocol addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 22, 2020. filed by Matthew Chaiken, Blink Health LTD, Geoffrey Chaiken. (Signed by Magistrate Judge Barbara C. Moses on 5/26/2020) (js) Modified on 5/28/2020 (js).
May 22, 2020	Filing 163 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - CONSENT LETTER MOTION for Discovery - Remote Deposition Protocol addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 22, 2020. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Stipulation and [Proposed] Order).(O'Boyle, Laura) Modified on 7/22/2020 (db).
May 14, 2020	Filing 162 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 5/11/2020 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.(rro)
May 14, 2020	Filing 161 TRANSCRIPT of Proceedings re: Telephone Conference held on 5/11/2020 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2020. Redacted Transcript Deadline set for 6/15/2020. Release of Transcript Restriction set for 8/12/2020..(rro)
May 11, 2020	Filing 160 ORDER granting #153 Letter Motion for Extension of Time to Complete Discovery. The remote deposition of defendants' expert Prof. Gompers shall take place no later than July 20, 2020. All discovery shall be completed no later than July 20, 2020. This Order resolves Dkt. No. 153. (As further set forth in this Order.) Deposition due by 7/20/2020. Discovery due by 7/20/2020. (Signed by Magistrate Judge Barbara C. Moses on 5/11/2020) (cf)
May 11, 2020	Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Telephone Conference held on 5/11/2020. (kgo)
May 8, 2020	Filing 159 LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 8, 2020 re: #153 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 1, 2020. . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit 1 - Email).(O'Boyle, Laura)
May 7, 2020	Filing 158 Due to a conflict on the Court's calendar, the telephonic conference scheduled for May 11, 2020, at 10:00 a.m., will instead begin on May 11, 2020, at 12:00 p.m. (HEREBY ORDERED by Magistrate Judge Barbara C. Moses) (Text Only Order) (nws)
May 6, 2020	Filing 157 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated May 6, 2020 re: #153 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 1, 2020. . Document filed by Michael Karsch. (Attachments: #1 Exhibit A).(Sack, Jonathan)
May 6, 2020	Filing 156 ORDER granting #155 LETTER MOTION for Extension of Time for Defendants to serve their expert report addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 5, 2020. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. Application granted. So ordered. (Signed by Magistrate Judge Barbara C. Moses on 5/6/2020) (rjm)
May 5, 2020	Filing 155 LETTER MOTION for Extension of Time for Defendants to serve their expert report addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 5, 2020. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken..(O'Boyle, Laura)
May 4, 2020	Filing 154 MEMO ENDORSEMENT on re: #153 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 1, 2020. filed by Matthew Chaiken, Blink Health LTD, Geoffrey Chaiken. ENDORSEMENT: Plaintiff shall respond to defendants' letter no later than May 6, 2020. Defendants may reply no later than May 8, 2020. The parties should address, among other things, why they have (apparently) made no arrangements to conduct the Fliegler deposition remotely, as permitted by Rule 30(b) and this Courts Order dated March 18, 2020. (Dkt. No. 152.) Judge Moses will conduct a telephonic conference on the issues raised by defendants' letter on May 11, 2020, at 10:00 a.m. At that time, the parties shall call into the following teleconference: Call in number: 888-557-8511; Access Code: 7746387. ( Responses due by 5/6/2020, Replies due by 5/8/2020.) (Signed by Magistrate Judge Barbara C. Moses on 5/4/2020) (cf)
May 4, 2020	Set/Reset Hearings: Telephone Conference set for 5/11/2020 at 10:00 AM before Magistrate Judge Barbara C. Moses. (cf)
May 1, 2020	Filing 153 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 1, 2020. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit 1 - Email).(O'Boyle, Laura)
March 18, 2020	Filing 152 ORDER granting #151 Motion for Extension of Time to Complete Discovery. it is hereby ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions in this action may be taken via telephone, video conference, or other remote means, and may be recorded by any reliable audio or audiovisual means. This Order does not dispense with the requirements set forth in Fed. R. Civ. P. 30(b)(5), including the requirement that, unless the parties stipulate otherwise, the deposition be "conducted before an officer appointed or designated under Rule 28," and that the deponent be placed under oath by that officer. For avoidance of doubt, a deposition will be deemed to have been conducted "before" an officer so long as that officer attends the deposition via the same remote means (e.g., telephone conference call or video conference) used to connect all other remote participants, and so long as all participants (including the officer) can clearly hear and be heard by all other participants. It is further ORDERED, pursuant to Fed. R. Civ. P. 16(b)(4), that all unexpired deadlines for the completion of fact depositions, fact discovery, expert depositions, expert discovery, and/or all discovery are hereby EXTENDED for a period of 45 days. Nothing in this Order prevents the parties from seeking to further modify the pretrial schedule in this action in light of the COVID-19 pandemic (or for any other good cause). Prior to seeking such relief, the parties must, as always, meet and confer (via remote means) in a good faith effort to reach agreement on how best to fulfill the goals of Rule 1 while avoiding unnecessary health risks. This Order resolves Dkt. No. 151. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 3/18/2020) (ks)
March 13, 2020	Filing 151 CONSENT LETTER MOTION for Extension of Time to Complete Discovery / Adjournment of discovery deadlines addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated March 13, 2020. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken..(O'Boyle, Laura)
January 9, 2020	Filing 150 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 1/2/2020 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.(rro)
January 9, 2020	Filing 149 TRANSCRIPT of Proceedings re: Telephone Conference held on 1/2/2020 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/30/2020. Redacted Transcript Deadline set for 2/10/2020. Release of Transcript Restriction set for 4/8/2020.(rro)
January 3, 2020	Filing 148 ORDER granting in part #141 Letter Motion for Extension of Time to Complete Discovery. Nonetheless, mindful of the holiday season-and in accordance with the courts' preference for resolving disputes on the merits, where possible-the Court hereby exercises its discretion to GRANT plaintiff's motions IN PART, as follows: 1. No later than January 16, 2020, defendants shall produce all remaining documents, if any, reflecting the issuance of Blink stock (whether denominated "common," "preferred," "Series A," "founder," or otherwise) to any investor from July 9, 2014 through May 27, 2015, inclusive. 2. The deadlines set forth in the Order dated November 14, 2019 (Dkt. No. 133) are EXTENDED as follows: a. Plaintiff shall serve his expert evidence, including the identities and written reports of experts, as required by Fed. R. Civ. P. 26(a)(2)(A), (B), or (C) no later than January 23, 2020. b. Defendants shall their serve expert evidence, including the identities and written reports of experts, as required by Fed. R. Civ. P. 26(a)(2)(A), (B),or (C) no later than March 23, 2020. c. Depositions of experts shall be completed no later than April 20, 2020. d. All discovery shall be completed no later than April 20, 2020. e. Pre-motion conference letters with respect to summary judgment shall be filed no later than 30 days after the close of discovery, and shall conform to the individual practices of the district judge. This Order resolves Dkt. No. 141. Deposition due by 4/20/2020. Discovery due by 4/20/2020. (Signed by Magistrate Judge Barbara C. Moses on 1/3/2020) (mro)
January 2, 2020	Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Telephone Conference held on 1/2/2020. (Snell, Kevin)
January 2, 2020	Filing 147 LETTER MOTION to Reopen / Leave to renew Defendants' motion for sanctions addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated December 10, 2019. Document filed by Blink Health LTD. (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - Letter, #3 Exhibit 3 - Email, #4 Exhibit 4 - Response, #5 Exhibit 5 - Transcript Excerpt, #6 Exhibit 6 - Email, #7 Exhibit 7 - Response, #8 Exhibit 8 - Transcript Excerpt, #9 Exhibit 9 - Transcript Excerpt, #10 Exhibit 10 - Request for Production, #11 Exhibit 11 - Transcript Excerpt, #12 Exhibit 12 - Letter, #13 Exhibit 13 - Transcript Excerpt, #14 Exhibit 14 - Email)(Snyder, Orin)
December 26, 2019	Filing 146 ORDER: Plaintiff's optional reply shall be filed no later than December 27, 2019, in accordance with Moses Ind. Prac. 2(e); Judge Moses will hold a telephonic conference on January 2, 2020, at 11:30 a.m. Counsel for the parties are directed to call (212) 805-0228 a few minutes before 11:30 a.m., with all attorneys on one line. (As further set forth in this Order.) (Replies due by 12/27/2019., Telephone Conference set for 1/2/2020 at 11:30 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 12/26/2019) (cf)
December 26, 2019	Filing 145 ORDER granting #142 Motion to Discharge. Upon the Motion by Counsel for Plaintiff Michael Karsch and the accompanying declaration of Jonathan S. Sack, IT IS HEREBY ORDERED that the motion by Jonathan Sack to terminate Eric Stern as counsel for Plaintiff Michael Karsch is granted, and Mr. Stern's appearance is terminated as of the date of this Order. (Signed by Magistrate Judge Barbara C. Moses on 12/26/2019) (va)
December 23, 2019	Filing 144 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Laura Kathryn O'Boyle dated December 23, 2019 re: #141 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated December 20, 2019. . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (O'Boyle, Laura)
December 23, 2019	Filing 143 DECLARATION of Jonathan Sack in Support re: #142 MOTION to Discharge Eric Stern as Counsel for Plaintiff.. Document filed by Michael Karsch. (Sack, Jonathan)
December 23, 2019	Filing 142 MOTION to Discharge Eric Stern as Counsel for Plaintiff. Document filed by Michael Karsch. (Attachments: #1 Text of Proposed Order)(Sack, Jonathan)
December 20, 2019	Filing 141 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated December 20, 2019. Document filed by Michael Karsch. (Attachments: #1 Exhibit Ex. A - Plaintiff's Discovery Requests, #2 Exhibit Ex. B - Ltr to Orin Snyder - 2019-12-18, #3 Ex. C - Email from Laura O'Boyle - 2019-12-19)(Sack, Jonathan)
December 20, 2019	Filing 140 ORDER denying #134 Letter Motion to Reopen. To the extent defendants seek to "renew" their previous motion for sanctions or reopen the Court's orders resolving that motion, their letter-application is DENIED. To the extent they seek leave to file a new discovery sanctions motion, based on developments occurring after the last such motion, they may do so in the form of a noticed motion, in compliance with Local Civil Rule 7.1 and the Court's Individual Practices, filed fourteen days after the close of expert discovery. The Court has also received and reviewed defendants' letter-application dated December 10, 2019 (Dkt. No. 135), requesting the "temporary sealing" of certain deposition testimony cited in and attached to the letter-application discussed above. The Court notes that the 30-day period during which the parties are required to treat such testimony as "attorneys' eyes only" expires tomorrow. (See Dkt. No. 56 3(b).) If plaintiff seeks to maintain any portion of defendants' principal letter-application under seal, plaintiff shall request that relief, in accordance with the standards set out in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), no later than December 27, 2019. In the absence of such a request, defendants shall promptly refile Dkt. No. 134 and its exhibits in unredacted form. The Clerk of Court is respectfully directed to terminate the letter-application at Dkt. No. 134 and leave the letter-application at Dkt. No. 135 pending. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 12/20/2019) (kv)
December 20, 2019	Filing 139 ORDER: For the reasons stated above, the Court awards fees and expenses as follows (as further set forth in this Order.) In addition, the Court awards defendants $22,178.99 in costs. In total, therefore, defendants are awarded $18,151.75 in sanctions as against plaintiff's attorneys at Sack & Sack LLP, as well as $174,529.49 ($152,350.50 in fees + $22,178.99 in costs) in sanctions as against plaintiff and his attorneys at Sack & Sack, jointly and severally. Payment is to be made within forty-five days of this Order. (Signed by Magistrate Judge Barbara C. Moses on 12/20/2019) (cf)
December 17, 2019	Filing 138 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated December 17, 2019 re: #134 LETTER MOTION to Reopen / Leave to renew Defendants' motion for sanctions addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated December 10, 2019. . Document filed by Michael Karsch. (Attachments: #1 Affidavit)(Sack, Jonathan)
December 13, 2019	Filing 137 ORDER granting #136 Letter Motion for Extension of Time to File Response/Reply. APPLICATION GRANTED. Responses due by 12/17/2019 Replies due by 12/20/2019. (Signed by Magistrate Judge Barbara C. Moses on 12/13/2019) (cf)
December 13, 2019	Filing 136 LETTER MOTION for Extension of Time to File Response/Reply as to #134 LETTER MOTION to Reopen / Leave to renew Defendants' motion for sanctions addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated December 10, 2019. addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated December 13, 2019. Document filed by Michael Karsch.(Sack, Jonathan)
December 10, 2019	Filing 135 LETTER MOTION to Seal Document #134 LETTER MOTION to Reopen / Leave to renew Defendants' motion for sanctions addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated December 10, 2019. addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated December 10, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(O'Boyle, Laura)
December 10, 2019	Filing 134 LETTER MOTION to Reopen / Leave to renew Defendants' motion for sanctions addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated December 10, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - Letter, #3 Exhibit 3 - Email, #4 Exhibit 4 - Response, #5 Exhibit 5 - Under Seal, #6 Exhibit 6 - Email, #7 Exhibit 7 - Response, #8 Exhibit 8 - Transcript, #9 Exhibit 9 - Under Seal, #10 Exhibit 10 - Document Requests, #11 Exhibit 11 - Under Seal, #12 Exhibit 12 - Letter, #13 Exhibit 13 - Transcript, #14 Exhibit 14 - Email)(Snyder, Orin)
November 14, 2019	Filing 133 ORDER granting #130 Letter Motion for Extension of Time to Complete Discovery. Fact depositions shall be completed no later than November 21, 2019. All remaining fact discovery shall be completed no later than December 23, 2019. Depositions of experts shall be completed no later than March 20, 2020. All discovery must be completed no later than March 20, 2020. (As further set forth in this Order.) This Order resolves Dkt. No. 130. Deposition due by 3/20/2020. Discovery due by 3/20/2020. (Signed by Magistrate Judge Barbara C. Moses on 11/14/2019) (cf)
November 14, 2019	Set/Reset Deadlines: Fact Discovery due by 12/23/2019. (cf)
November 13, 2019	Filing 132 LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Eric R. Stern dated November 13, 2019 re: #130 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated November 12, 2019. . Document filed by Michael Karsch. (Stern, Eric)
November 12, 2019	Filing 131 ORDER with respect to #130 Letter Motion for Extension of Time to Complete Discovery. Plaintiff shall file his response, if any, no later than November 13, 2019. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/12/2019) (kv)
November 12, 2019	Filing 130 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated November 12, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(O'Boyle, Laura)
November 12, 2019	Set/Reset Deadlines: Responses due by 11/13/2019 (kv)
August 1, 2019	Filing 129 OPPOSITION BRIEF re: #125 Declaration in Support, #126 Declaration in Support, . Document filed by Michael Karsch. (Attachments: #1 Declaration of Jonathan Sack, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Stern, Eric)
July 24, 2019	Filing 128 ORDER granting #127 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 7/24/2019) (kv)
July 24, 2019	Filing 127 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #125 Declaration in Support, #126 Declaration in Support, addressed to Magistrate Judge Barbara C. Moses from Eric R. Stern dated July 24, 2019. Document filed by Michael Karsch.(Stern, Eric)
July 11, 2019	Filing 126 DECLARATION of JUSTINE M. GOEKE in Support re: #122 Order on Motion for Sanctions,,,,,,,,,. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Invoice, #2 Exhibit B - Email Correspondence, #3 Exhibit C - Email Correspondence)(O'Boyle, Laura)
July 11, 2019	Filing 125 DECLARATION of LAURA K. O'BOYLE in Support re: #122 Order on Motion for Sanctions,,,,,,,,,. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Attorney Biographies, #2 Exhibit B - Billing Reports, #3 Exhibit C - Fee Charts, #4 Exhibit D - Fee Charts)(O'Boyle, Laura)
July 1, 2019	Filing 124 SCHEDULING ORDER: Fact depositions shall be completed no later than November 15, 2019. All remaining fact discovery shall be completed no later than December 16, 2019. Depositions of experts shall be completed no later than March 13, 2020. All discovery must be completed no later than March 13, 2020. (As further set forth in this Order.) Given the length of the proposed fact discovery schedule, no further extensions will be granted absent compelling circumstances. Deposition due by 3/13/2020. Discovery due by 3/13/2020. (Signed by Magistrate Judge Barbara C. Moses on 7/1/2019) (cf)
July 1, 2019	Set/Reset Deadlines: Fact Discovery due by 12/16/2019. (cf)
June 27, 2019	Filing 123 LETTER addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated June 27, 2019 re: joint proposed schedule. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Text of Proposed Order -- Joint [Proposed] Scheduling Order)(O'Boyle, Laura)
June 20, 2019	Filing 122 MEMORANDUM AND ORDER. For the reasons stated above, defendants' motion for sanctions (Dkt. No. 102) is GRANTED IN PART and DENIED IN PART. It is hereby ORDERED that plaintiff Michael Karsch and his counsel, Sack & Sack, shall pay the expenses, including attorneys' fees and out-of-pocket costs, reasonably incurred by defendants as a result of plaintiff's failure to obey this Court's discovery orders issued on July 12, 2018, November 13, 2018, and January 18, 2019, including the fees and costs reasonably incurred to obtain this Memorandum and Order. The monetary sanctions shall be imposed jointly and severally upon plaintiff and his counsel, except that Sack & Sack alone shall reimburse defendants for their expenses caused by the Firms violation of the July 12 Order. It is further ORDERED that defendants shall submit one or more declarations evidencing their recoverable fees and costs, as well as the allocation of those fees and costs to plaintiff and his counsel, no later than July 11, 2019. All sums requested must be supported by admissible evidence, including properly authenticated copies of counsel's relevant time and expense records. Plaintiff and his counsel may file a response - limited to the amount of defendants' recoverable fees and costs and the appropriate apportionment between plaintiff and the Firm - no later than July 25, 2019. There shall be no reply. It is further ORDERED that defendants shall be permitted to present evidence to the jury concerning the loss and potential relevance of the ESI once contained on the Karsch Capital Server and the Jacoby Devices, and may also seek an instruction informing the jury that it may consider that evidence, along with all other evidence in the case, in making its decision. The precise scope of the evidence to be allowed, and the form of any jury instruction concerning that evidence, will be reserved for decision by the district judge at the time of trial. It is further ORDERED that no later than June 27, 2019, the parties shall submit a proposed schedule for the remainder of fact and expert discovery. If the parties cannot agree, they shall attach (or include in the letter) their competing proposed schedules, without extended argument. This Memorandum and Order disposes of the motion at Dkt. No. 102. So ordered. Granting in part and denying in part #102 Motion for Sanctions. (Signed by Magistrate Judge Barbara C. Moses on 6/20/2019) (rjm)
April 19, 2019	Filing 121 ORDER terminating #98 Letter Motion for Conference. On February 20, 2019, defendants Blink Health Ltd. (Blink), Geoffrey Chaiken, and Matthew Chaiken filed a letter-motion (Dkt. No. 98) objecting on two different grounds to certain of those privilege designations. Plaintiff did not oppose defendants' letter-motion. On February 27, 2019, the Court directed plaintiff to submit the contested documents (those listed in Exhibits A and K to defendants' letter-motion) to chambers for in camera review. (Dkt. No. 101.). The following communications are within the scope of that waiver and must now be produced to defendants unredacted (except where specifically indicated): Ltr. Mot. Ex. A: Nos. 1, 2, 3, 4, 15, 17, 18, 52 (plaintiff may redact paragraphs 1, 2, 3, and 4 of No. 52) Ltr. Mot. Ex. K: Nos. 2, 3, 4 In addition, plaintiff must produce any other communications between Michael Karsch and Stephen Karsch that address the same subject matter but were previously withheld as privileged. After a careful review of the 11 communications in which defendants contend that Stephen Karsch was not acting in his capacity as an attorney (Ltr. Mot. Ex. K), the Court concludes that with one exception the communications do in fact reflect either a request for or the provision of legal advice, including strategic litigation advice. The exception is No. 5, which is not privileged and must be produced. This Order resolves Dkt. No. 98. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 4/19/2019) (cf)
April 17, 2019	Filing 120 LETTER addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated April 17, 2019 re: Defendants' April 12, 2019 Letter. Document filed by Michael Karsch.(Stern, Eric)
April 15, 2019	Filing 119 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 4/8/2019 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.(vba)
April 15, 2019	Filing 118 TRANSCRIPT of Proceedings re: Discovery Hearing held on 4/8/2019 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 5/6/2019. Redacted Transcript Deadline set for 5/16/2019. Release of Transcript Restriction set for 7/15/2019.(vba)
April 12, 2019	Filing 117 MEMO ENDORSEMENT: on re: #116 Letter, filed by Matthew Chaiken, Blink Health LTD, Geoffrey Chaiken. ENDORSEMENT: The Court does not recall requesting or permitting post-argument briefing on the sanctions motion. Rather than strike defendants' letter-brief, however, the Court will permit plaintiff to submit a responding letter, limited to three pages, no later than April 17, 2019. Thereafter, no further submissions will be accepted. So Ordered. (Signed by Magistrate Judge Barbara C. Moses on 4/12/2019) (js)
April 12, 2019	Filing 116 LETTER addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated April 12, 2019 re: question raised by the Court during the April 8, 2019 oral argument regarding the imposition of terminating sanctions before depositions. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(Snyder, Orin)
April 10, 2019	Filing 115 LETTER addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated April 10, 2019 re: April 8, 2019 Letter. Document filed by Michael Karsch.(Stern, Eric)
April 8, 2019	Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Hearing held on 4/8/2019. (Snell, Kevin)
April 8, 2019	Filing 114 LETTER addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated April 8, 2019 re: April 8, 2019 Conference. Document filed by Michael Karsch. (Attachments: #1 April 4, 2019 Article)(Stern, Eric)
March 29, 2019	Filing 113 ORDER granting #111 Letter Motion to Adjourn Conference. At the request of the parties, the discovery hearing previously scheduled for April 2, 2019 at 10:00 a.m. is ADJOURNED to April 8, 2019, at 4:30 p.m. This Order resolves Dkt. No. 111. Discovery Hearing set for 4/8/2019 at 04:30 PM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 3/29/2019) (mro)
March 28, 2019	Filing 112 MEMO ENDORSEMENT on re: #111 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated March 27, 2019. filed by Michael Karsch. ENDORSEMENT: The Court is not available on April 18. Counsel are directed to call chambers to select a date between April 8 and April 12 for the conference in this action. (Signed by Magistrate Judge Barbara C. Moses on 3/28/2019) (cf)
March 27, 2019	Filing 111 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated March 27, 2019. Document filed by Michael Karsch.(Stern, Eric)
March 22, 2019	Filing 110 DECLARATION of LAURA K. O'BOYLE in Support re: #102 MOTION for Sanctions .. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Email)(Snyder, Orin)
March 22, 2019	Filing 109 REPLY MEMORANDUM OF LAW in Support re: #102 MOTION for Sanctions . . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Snyder, Orin)
March 22, 2019	Filing 108 ORDER: The Court has received and reviewed the documents submitted by plaintiff in camera pursuant to the Court's February 27, 2019 Order. (Dkt. No. 101.) The parties should be prepared to discuss defendants' letter-motion concerning those documents (Dkt. No. 98) at the hearing scheduled for April 2, 2019, at 10:00 a.m. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 3/22/2019) (jca)
March 22, 2019	Filing 107 NOTICE OF APPEARANCE by Grace Hart on behalf of Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Hart, Grace)
March 15, 2019	Filing 106 MEMORANDUM OF LAW in Opposition re: #102 MOTION for Sanctions . . Document filed by Michael Karsch. (Stern, Eric)
March 15, 2019	Filing 105 DECLARATION of Jonathan Sack in Opposition re: #102 MOTION for Sanctions .. Document filed by Michael Karsch. (Attachments: #1 Ex. A - Karsch Side Letter, #2 Ex. B - November 19, 2018 Email, #3 Ex. C - November 20, 2018 Email and Attachments, #4 Ex. D - December 3, 2018 Email, #5 Ex. E - December 11, 2018 Email and Attachments, #6 Ex. F - December 18, 2018 Email and Attachments, #7 Ex. G - December 21, 2018 Email and Attachments, #8 Ex. H - January 25, 2019 Email, #9 Ex. I - January 18, 2019 Email and Attachments, #10 Ex. J - December 19, 2018 Email, #11 Ex. K - December 30, 2018 Email)(Stern, Eric)
March 1, 2019	Filing 104 DECLARATION of Laura K. O'Boyle in Support re: #102 MOTION for Sanctions .. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A- Responses to Court Interrogatories, #2 Exhibit B- Email, #3 Exhibit C- Email, #4 Exhibit D- Declaration, #5 Exhibit E- Email, #6 Exhibit F- Convertible Promissory Note, #7 Exhibit G- Declaration, #8 Exhibit H- Interrogatory Responses, #9 Exhibit I- Subpoena Response, #10 Exhibit J- Email, #11 Exhibit K- Interrogatory Responses, #12 Exhibit L- Declaration, #13 Exhibit M- Email, #14 Exhibit N- Privilege Log Excerpt, #15 Exhibit O- Emails, #16 Exhibit P- Amended Responses to Court Interrogatories, #17 Exhibit Q- Email, #18 Exhibit R- Email, #19 Exhibit S- Letter, #20 Exhibit T- Emails, #21 Exhibit U- Emails, #22 Exhibit V- Emails, #23 Exhibit W- Emails, #24 Exhibit X- Letter, #25 Exhibit Y- Emails, #26 Exhibit Z- Chart, #27 Exhibit AA- Spreadsheet, #28 Exhibit BB- Rule 26(a) Disclosure)(O'Boyle, Laura)
March 1, 2019	Filing 103 MEMORANDUM OF LAW in Support re: #102 MOTION for Sanctions . . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Snyder, Orin)
March 1, 2019	Filing 102 MOTION for Sanctions . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(Snyder, Orin)
February 27, 2019	Filing 101 ORDER: The Court having received and reviewed defendants' letter-application dated February 20, 2019 (Dkt. No. 98); plaintiff having failed to file any opposition within the time permitted by II(E) of Individual Practices of the undersigned Magistrate Judge; and for good cause shown; It is hereby ORDERED that plaintiff shall submit the documents listed in Exhibits A and K to defendant's letter-application (i.e., Dkt. Nos. 98-1 and 98-11) (including all attachments withheld on privilege grounds) to the Court, for in camera review, no later than March 6, 2019. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 2/27/2019) (cf)
February 25, 2019	Filing 100 ORDER denying #99 Letter Motion for Leave to File Excess Pages. Application DENIED. (Signed by Magistrate Judge Barbara C. Moses on 2/25/2019) (mro)
February 22, 2019	Filing 99 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated February 22, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(O'Boyle, Laura)
February 20, 2019	Filing 98 LETTER MOTION for Conference - Letter Motion re Communications between Plaintiff and Stephen Karsch addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated February 20, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A Chart of Documents Subject to Privilege Waiver, #2 Exhibit B Email, #3 Exhibit C Email, #4 Exhibit D Letter, #5 Exhibit E Letter, #6 Exhibit F Letter, #7 Exhibit G Email, #8 Exhibit H Email, #9 Exhibit I Email, #10 Exhibit J Email, #11 Exhibit K Chart of Documents for Which Blink Seeks In Camera Review, #12 Exhibit L Email)(Snyder, Orin)
January 30, 2019	Filing 97 ORDER granting in part and denying in part #96 Letter Motion for Extension of Time. Defendants' application is GRANTED IN PART. Their deadline to file the noticed motion described in the Court's Orders dated December 11, 2018 (Dkt. No. 88, 3) and January 8, 2019 (Dkt. No. 93 paragraph 6) is EXTENDED to March 1, 2019. Plaintiffs opposition shall be filed no later than March 15, 2019. Defendants' reply, if any, shall be filed no later than March 22, 2019. The formatting rules, page limitations, and related requirements set forth in Local Civil Rule 7.l (a) and II(F)(H) of Judge Moses's Individual Practices shall apply. The Court will hold a hearing on defendants' motion on April 2, 2019, at 10:00 a.m. in Courtroom 20A, 500 Pearl Street, New York, New York. (As further set forth in this Order.) Motions due by 3/1/2019. (Signed by Magistrate Judge Barbara C. Moses on 1/30/2019) (cf)
January 30, 2019	Set/Reset Deadlines: ( Motions due by 3/1/2019., Responses due by 3/15/2019, Replies due by 3/22/2019.), Set/Reset Hearings:( Status Conference set for 4/2/2019 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (cf)
January 28, 2019	Filing 96 LETTER MOTION for Extension of Time / Letter Motion for Extension of Time for Defendants to file a noticed discovery motion and for an order directing Plaintiff to produce non-privileged documents from the Karsch Capital server at his own expense and on an expedited basis. addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated January 28, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Email, #2 Exhibit B - Email, #3 Exhibit C - Responses to Court Interrogatories, #4 Exhibit D - Amended Responses to Court Interrogatories, #5 Exhibit E - Email, #6 Exhibit F - Email, #7 Exhibit G - Email)(Snyder, Orin)
January 8, 2019	Filing 95 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 1/3/2019 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.(aea)
January 8, 2019	Filing 94 TRANSCRIPT of Proceedings re: Telephone Conference held on 1/3/2019 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/29/2019. Redacted Transcript Deadline set for 2/8/2019. Release of Transcript Restriction set for 4/8/2019.(aea)
January 8, 2019	Filing 93 ORDER. It is hereby ORDERED that: 1. Plaintiff (including, for purposes of this Order, Michael Karsch and all affiliated persons and entities represented by the same counsel in connection with discovery in this action) shall produce the documents and information specified in paragraph 1 of the Proposed Scheduling Order no later than January 11, 2019. 2. Plaintiff shall produce the information specified in paragraph 2 of the Proposed Scheduling Order no later than January 18, 2019. 3. Plaintiff's responses to defendants' written discovery requests and subpoenas shall be substantially complete, as specified in paragraph 3 of the Proposed Scheduling Order, no later than January 18, 2019. 4. Plaintiff shall produce one or more privilege logs, in compliance with Local Civil Rule 26.2, no later than January 21, 2019. The log(s) shall identify all documents withheld or redacted on the basis of privilege both before and after the date of this Order. 5. The parties shall meet and confer, and shall attempt to resolve any remaining discovery disputes arising out of paragraphs 1-4 of the Proposed Scheduling Order, on the schedule set forth in paragraphs 5 and 6 thereof. The parties are not required to meet and confer concerning the issues identified in paragraph 7 of the Proposed Scheduling Order, as to which they have apparently agreed to disagree. As to disputes arising out of paragraphs 1-4 and identified by January 23, 2019: plaintiff may not raise any curative efforts undertaken after January 25, 2019 as a defense to a request by defendants for a fee award under Rule 37(a)(5) or Rule 37(b)(2)(C). 6. If the parties are unable to resolve some or all of their remaining disputes, defendants may file a single noticed motion, seeking appropriate relief, no later than January 31, 2019. Plaintiff's opposition shall be filed no later than February 14, 2019. Defendants' reply, if any, shall be filed no later than February 21, 2019. The formatting rules, page limitations, and related requirements set forth in Local Civil Rule 7.1(a) and II(F)(H) of Judge Moses's Individual Practices shall apply. The Court will hold a hearing on defendants' motion on February 27, 2019, at 10:00 a.m. in Courtroom 20A, 500 Pearl Street, New York, New York. 7. If defendants do not file a discovery motion, the parties shall file a joint letter, no later than February 1, 2019, proposing a schedule for the remainder of discovery. This Order resolves Dkt. Nos. 91 and 92. So ordered. Granting #92 JOINT LETTER MOTION for Extension of Time for Defendants to file a noticed discovery motion and for the imposition of interim deadlines, addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated January 4, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. Granting #91 JOINT LETTER MOTION for Extension of Time and Status of Discovery addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated January 2, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Motions due by 1/31/2019). (Signed by Magistrate Judge Barbara C. Moses on 1/8/2019) (rjm).
January 8, 2019	Set/Reset Deadlines: (Responses due by 2/14/2019. Replies due by 2/21/2019.) Set/Reset Hearings: (Oral Argument set for 2/27/2019 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (rjm)
January 4, 2019	Filing 92 JOINT LETTER MOTION for Extension of Time for Defendants to file a noticed discovery motion and for the imposition of interim deadlines, addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated January 4, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Text of Proposed Order -- [Proposed] Scheduling Order)(O'Boyle, Laura)
January 3, 2019	Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Telephone Conference held on 1/3/2019. (Snell, Kevin)
January 2, 2019	Filing 91 JOINT LETTER MOTION for Extension of Time and Status of Discovery addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated January 2, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(Snyder, Orin)
December 18, 2018	Filing 90 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Status Conference proceeding held on 12/10/2018 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.(vba)
December 18, 2018	Filing 89 TRANSCRIPT of Proceedings re: Status Conference held on 12/10/2018 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2019. Redacted Transcript Deadline set for 1/18/2019. Release of Transcript Restriction set for 3/18/2019.(vba)
December 11, 2018	Filing 88 ORDER: Defendants' Second Set of Interrogatories: Plaintiff shall supplement his responses to Interrogatories 5, 6, and 7 of Defendants' Second Set of Interrogatories, no later than December 18, 2018, to include the following information: a. Interrogatory No. 5: Plaintiff shall state the date ( as specifically as possible) on which he alleges that his loan to defendant Blink Health Ltd. (Blink) "automatically converted," and the event or events that caused it to convert, and as further set forth in this order. Motions due by 1/4/2019. Responses due by 1/18/2019. Replies due by 1/25/2019. (Signed by Magistrate Judge Barbara C. Moses on 12/11/2018) (jwh)
December 11, 2018	Filing 87 LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated December 11, 2018 re: #83 LETTER MOTION for Discovery / Rule 37(b) Sanctions addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated December 3, 2018. . Document filed by Michael Karsch. (Stern, Eric)
December 10, 2018	Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status Conference held on 12/10/2018. (Snell, Kevin)
December 6, 2018	Filing 86 LETTER addressed to Magistrate Judge Barbara C. Moses from Orin Snyder and Eric Stern dated December 6, 2018 re: discovery status and issues requiring judicial resolution. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Email, #2 Exhibit B - Email, #3 Exhibit C - Document Requests, #4 Exhibit D - Email, #5 Exhibit E - Email, #6 Exhibit F - Document Produced, #7 Exhibit G - Email, #8 Exhibit H - Email, #9 Exhibit I - Responses, #10 Exhibit J - Biographies, #11 Exhibit K - Article, #12 Exhibit L - Profile, Part 1, #13 Exhibit L - Profile, Part 2, #14 Exhibit L - Profile, Part 3, #15 Exhibit L - Profile, Part 4, #16 Exhibit M - Chart, #17 Exhibit N - Email, #18 Exhibit O - Email)(Snyder, Orin)
December 4, 2018	Filing 85 ORDER: Plaintiff's response to the Dec. 3 Letter would ordinarily be due on December 7, 2018. See Moses Ind. Prac. II(E). In the interest of efficiency, the Court hereby extends the time within which plaintiff and the Firm must respond to defendants' letter to December 11, 2018, on condition that, by the same date, plaintiff serve supplemental responses to the Interrogatories, and the Firm serve supplemental written responses to, and complete its document production in response to, the Subpoena. Defendants may then have three business days, until December 14, 2018, to submit their optional reply letter-brief, limited to the remaining deficiencies, if any, in the supplemental responses and the production. If plaintiff and the Firm do not supplement their responses to the Interrogatories and the Subpoena, their opposition to the Dec. 3 Letter will be due on December 7, 2018, and defendants' optional reply letter-brief will be due on December 11, 2018. And as set forth herein. SO ORDERED., ( Responses due by 12/7/2018, Replies due by 12/11/2018.) (Signed by Magistrate Judge Barbara C. Moses on 12/04/2018) (ama)
December 4, 2018	Filing 84 ORDER re: Letter Motion for Discovery. For the reasons stated above, plaintiff is awarded $12,048.75 for the time reasonably expended by Ms. Goeke in obtaining the Nov. 13 Order ($425 per hour times 40.5 hours times 70%) and $7,656.25 for the time reasonably expended by Ms. O'Boyle ($625 per hour times 17.5 hours times 70%), for a total of $19,705. Payment is to be made within thirty days of this Order. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 12/4/2018) (mro) (Main Document 84 replaced on 12/6/2018) (cf). Modified on 12/6/2018 (cf). Modified on 12/12/2018 (cf).
December 3, 2018	Filing 83 LETTER MOTION for Discovery / Rule 37(b) Sanctions addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated December 3, 2018. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Email, #2 Exhibit B - Interrogatories, #3 Exhibit C - Notice and Subpoena, #4 Exhibit D - Interrogatories, #5 Exhibit E - Responses and Objections, #6 Exhibit F - Redacted, #7 Exhibit G - Interrogatories)(Snyder, Orin)
November 30, 2018	Filing 82 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 11/12/2018 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.(aea)
November 30, 2018	Filing 81 TRANSCRIPT of Proceedings re: Discovery Hearing held on 11/12/2018 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 12/21/2018. Redacted Transcript Deadline set for 12/31/2018. Release of Transcript Restriction set for 2/28/2019.(aea)
November 28, 2018	Filing 80 REPLY re: #79 Response - Letter from Laura K. O'Boyle to Magistrate Judge Moses in Response to Plaintiff's Opposition to Fee Application. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (O'Boyle, Laura)
November 26, 2018	Filing 79 RESPONSE re: #75 Declaration in Support, . Document filed by Michael Karsch. (Stern, Eric)
November 21, 2018	Filing 78 ORDER granting #76 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. Plaintiff should not expect any further extensions. (Signed by Magistrate Judge Barbara C. Moses on 11/21/2018) (cf)
November 21, 2018	Filing 77 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated November 21, 2018 re: #76 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Barbara C. Moses from Eric R. Stern dated November 20, 2018. . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Email, #2 Exhibit B - Email)(Snyder, Orin)
November 21, 2018	Filing 76 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Barbara C. Moses from Eric R. Stern dated November 20, 2018. Document filed by Michael Karsch.(Stern, Eric)
November 19, 2018	Filing 75 DECLARATION of LAURA K. O'BOYLE in Support re: #72 Order, Set Deadlines/Hearings,,,,. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Rates and Tasks, #2 Exhibit B - Biographies)(Snyder, Orin)
November 19, 2018	Filing 74 ORDER granting #73 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. (Signed by Magistrate Judge Barbara C. Moses on 11/19/2018) (cf)
November 18, 2018	Filing 73 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Barbara C. Moses from Eric R. Stern dated November 18, 2018. Document filed by Michael Karsch.(Stern, Eric)
November 13, 2018	Filing 72 ORDER: The deadline to complete fact discovery, including fact depositions, is EXTENDED to January 31, 2019; The deadline to complete expert discovery is EXTENDED to March 29, 2019. The status conference previously scheduled for November 20, 2018 is ADJOURNED to December 10, 2018, at 9:00 a.m. ( Deposition due by 1/31/2019., Expert Discovery due by 3/29/2019., Fact Discovery due by 1/31/2019., Status Conference set for 12/10/2018 at 09:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 11/13/2018) (mro)
November 12, 2018	Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Hearing held on 11/12/2018. (Snell, Kevin)
November 8, 2018	Filing 71 LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated November 8, 2018 re: #63 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated October 29, 2018. . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Email, #2 Exhibit B - Email)(Snyder, Orin)
November 6, 2018	Filing 70 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Eric R. Stern dated November 6, 2018 re: #63 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated October 29, 2018. . Document filed by Michael Karsch. (Stern, Eric)
November 1, 2018	Filing 69 ORDER granting #67 Letter Motion to Adjourn Conference. The discovery conference before Judge Moses currently scheduled for November 8, 2018 at 11:00 a.m. is hereby adjourned to November 12, 2018 at 9:00 a.m. The deadline for plaintiff to file any opposition to defendants' letter-motion dated October 29, 2018 (Dkt. No. 63) is extended to November 6, 2018. The deadline for defendants to file any reply is extended to November 8, 2018. All other provisions of the court's Order Setting Briefing Schedule (Dkt. No. 65) remain in effect. The Clerk of Court is respectfully requested to close the letter-motion at Dkt. No. 67. Discovery Hearing set for 11/12/2018 at 09:00 AM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 11/1/2018) (mro)
November 1, 2018	Set/Reset Deadlines: Responses due by 11/6/2018 Replies due by 11/8/2018. (mro)
November 1, 2018	Filing 68 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated November 1, 2018 re: #67 FIRST LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Barbara C. Moses from Eric Stern dated November 1, 2018. . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Snyder, Orin)
November 1, 2018	Filing 67 FIRST LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Barbara C. Moses from Eric Stern dated November 1, 2018. Document filed by Michael Karsch. (Attachments: #1 Exhibit DF Refuse Consent)(Stern, Eric)
October 31, 2018	Filing 66 LETTER addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated October 31, 2018 re: supplement to letter-motion dated October 29, 2018 (Dkt. 63) pursuant to the Court's October 30, 2018 Order (Dkt. 65). Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Snyder, Orin)
October 30, 2018	Filing 65 ORDER SETTING BRIEFING SCHEDULE granting #63 Letter Motion for Local Rule 37.2 Conference.The Court has received and reviewed defendants letter-motion dated October 29, 2018. (Dkt. No. 63). A discovery conference before Judge Moses is hereby scheduled for November 8, 2018 at 11:00 a.m.No later than October 31, 2018, defendants shall supplement their letter-application with all of the information required by Part II.B of the Individual Practices of Magistrate Judge Barbara Moses (The letter-motion must succinctly set forth the basis of the dispute and the relief sought...) (emphasis added). No later than November 5, 2018, plaintiff shall file any opposition to defendants letter-motion. No later than November 7, 2018, defendants shall file any reply. These filings must conform this Courts Individual Practices. It is the Courts intent to rule on the disputes raised in the letter-motion based on the parties letter-briefs and such argument as may be presented at the conference, unless a party shows good cause why more formal briefing should be required. SO ORDERED. (Discovery Hearing set for 11/8/2018 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/30/2018) (jca)
October 30, 2018	Filing 64 NOTICE OF APPEARANCE by Justine Marie Goeke on behalf of Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Goeke, Justine)
October 30, 2018	Set/Reset Deadlines: Responses due by 11/5/2018, Replies due by 11/7/2018. (jca)
October 29, 2018	Filing 63 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated October 29, 2018. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit - A, #2 Exhibit - B, #3 Exhibit - C, #4 Exhibit - D, #5 Exhibit - E, #6 Exhibit - F, #7 Exhibit - G)(Snyder, Orin)
October 10, 2018	Filing 62 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL: IT IS HEREBY ORDERED that the motion of Alexander S. Zbrozek to withdraw as counsel for Blink Health Ltd., Geoffrey Chaiken, and Matthew Chaiken is granted, and Mr. Zbrozek's appearance is withdrawn as of the date of this Order. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 10/10/2018) (cf)
October 10, 2018	Filing 61 ORDER GRANTING #59 MOTION TO WITHDRAW AS COUNSEL. Attorney Alexander Steven Zbrozek terminated. Upon the Motion by Counsel for Blink Health Ltd., Geoffrey Chaiken, and Matthew Chaiken and the accompanying declaration of Alexander S. Zbrozek, IT IS HEREBY ORDERED that the motion of Alexander S. Zbrozek to withdraw as counsel for Blink Health Ltd., Geoffrey Chaiken, and Matthew Chaiken is granted, and Mr. Zbrozek's appearance is withdrawn as of the date of this Order. (Signed by Judge Victor Marrero on 10/10/2018) (js)
October 9, 2018	Filing 60 DECLARATION of ALEXANDER S. ZBROZEK in Support re: #59 MOTION for ALEXANDER S. ZBROZEK to Withdraw as Attorney .. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Zbrozek, Alexander)
October 9, 2018	Filing 59 MOTION for ALEXANDER S. ZBROZEK to Withdraw as Attorney . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Text of Proposed Order)(Zbrozek, Alexander)
September 14, 2018	Filing 58 ORDER granting #57 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED. The deadline to complete fact discovery, including fact depositions, shall be extended to December 7, 2018. The deadline to complete expert discovery, including expert depositions, shall be extended to February 28, 2019. The status conference scheduled for October 16, 2018 shall be adjourned to November 20, 2018, at 9:30 a.m. One week prior to that date, on November 13, 2018, the parties shall submit a joint status letter outlining the progress of discovery to date, as well as any settlement efforts. If no discovery controversies exist at that time, the parties may request that the conference be held telephonically. All other provisions of the Initial Case Management and Scheduling Order (Dkt. No. 42) remain in effect. Deposition due by 2/28/2019. (Signed by Magistrate Judge Barbara C. Moses on 9/14/2018) (cf)
September 14, 2018	Set/Reset Deadlines: (Expert Discovery due by 2/28/2019., Fact Discovery due by 12/7/2018.), Set/Reset Hearings: (Status Conference set for 11/20/2018 at 09:30 AM before Magistrate Judge Barbara C. Moses.) (cf)
September 13, 2018	Filing 57 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Laura Kathryn O'Boyle dated September 13, 2018. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(O'Boyle, Laura)
July 27, 2018	Filing 56 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 7/27/2018) (cf)
July 26, 2018	Filing 55 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone conference proceeding held on 7/10/2018 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.(rro)
July 26, 2018	Filing 54 TRANSCRIPT of Proceedings re: telephone conference held on 7/10/2018 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 8/16/2018. Redacted Transcript Deadline set for 8/27/2018. Release of Transcript Restriction set for 10/24/2018.(rro)
July 12, 2018	Filing 53 ORDER RE PROTOCOL AND PROTECTIVE ORDER: For the reasons stated above it is hereby ORDERED that: 1. Jonathan Sack, Esq. and the Firm shall not represent Jacoby in connection with this action and shall not engage in any discussions with Jacoby concerning this action except in the presence of the Court or counsel for defendants. 2. No later than the close of business on July 12, 2018, the Firm shall either (a) represent to defendants and the Court, in writing, that it did not obtain from Jacoby any documents concerning the topics listed in 2(a)(i)-(v) of defendants' proposed Protocol or (b) advise defendants and the Court, in writing, that it cannot or will not make such a representation. 3. The parties shall promptly meet and confer in good faith concerning their proposed Protective Order and shall submit a form of Protective Order to the Court, via the Orders and Judgments Clerk, no later than the close of business on July 17, 2018. If the parties cannot agree on a form of Protective Order they shall, by the same deadline,submit a single document to the Court by email in Word format (to Moses_NYSDChambers@nysd.uscourts.gov), redlined to show the differences between the two versions. (As further set forth in this Order.) (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 7/12/2018) (cf) (Main Document 53 replaced on 7/12/2018) (cf). Modified on 7/12/2018 (cf).
July 10, 2018	Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Telephone Conference held on 7/10/2018. (Snell, Kevin)
June 29, 2018	Filing 52 ORDER SCHEDULING TELEPHONIC CONFERENCE: A telephonic conference is hereby scheduled before Magistrate Judge Barbara Moses on Tuesday, July 10, 2018, at 9:30 a.m., to discuss the issues raised in the parties' letters dated June 18, June 22, and June 26, 2018 (Dkt. Nos. 48, 50, 51) regarding the terms of a protocol and protective order to govern the handling of any privileged and/or confidential materials disclosed to plaintiff's counsel by defendant Blink's former in-house counsel. Counsel for the parties are directed to call (212) 805-0228 at that time, with all attorneys on one line. If any party has an unavoidable scheduling conflict, that party's counsel must promptly telephone Judge Moses's courtroom deputy at (212) 805-0228 with two proposed alternative dates, acceptable to all counsel, for a morning telephonic conference. (As further set forth in this Order.) (Telephone Conference set for 7/10/2018 at 09:30 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 6/29/2018) (cf)
June 26, 2018	Filing 51 LETTER addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated June 26, 2018 re: document protocol pursuant to the Court's June 19, 2018 Order (Dkt. 49). Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit 1- Letter dated 6/12/18, #2 Exhibit 2- 6/15/18 Emails, #3 Exhibit 3- 6/18/18 Email, #4 Exhibit 4- 6/20/18 Email, #5 Exhibit 5- 6/22/18 Email from L. O'Boyle, #6 Exhibit 6- 6/22/18 Email from E. Stern)(Snyder, Orin)
June 22, 2018	Filing 50 LETTER addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated 6/22/2018 re: Protocol. Document filed by Michael Karsch. (Attachments: #1 Exhibit June 18th Email to Orin Snyder)(Stern, Eric)
June 19, 2018	Filing 49 MEMO ENDORSEMENT on re: #48 Letter filed by Matthew Chaiken, Blink Health LTD, Geoffrey Chaiken. ENDORSEMENT: Plaintiff shall respond no later than Friday, June 22, 2018. Any reply shall be filed no later than Tuesday, June 26, 2018. The Court will then determine whether a conference is necessary. (Signed by Magistrate Judge Barbara C. Moses on 6/19/2018) (jwh)
June 18, 2018	Filing 48 LETTER addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated June 18, 2018 re: document protocol. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Correspondence)(Snyder, Orin)
June 15, 2018	Filing 47 MEMO ENDORSEMENT: on re: #46 Letter filed by Matthew Chaiken, Blink Health LTD, Geoffrey Chaiken. ENDORSEMENT: Application GRANTED. See Fed. R. Civ P. 6. SO ORDERED., ( Amended Pleadings due by 6/18/2018., Joint Proposed Discovery due by 6/18/2018.) (Signed by Magistrate Judge Barbara C. Moses on 6/15/2018) (ama)
June 15, 2018	Filing 46 CONSENT LETTER addressed to Magistrate Judge Barbara C. Moses from Laura Kathryn O'Boyle dated June 15, 2018 re: Clarification of June 15, 2018 Order. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(O'Boyle, Laura)
June 15, 2018	Filing 45 ORDER The parties shall submit their proposed protective order no later than June 18, 2018. See Dkt. No. 42 paragraph 12. All other provisions of the Initial Case Management and Scheduling Order remain in effect. (Signed by Magistrate Judge Barbara C. Moses on June 15, 2018) (cdy)
June 8, 2018	Filing 44 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a initial pretrial conference proceeding held on 5/22/2018 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.(rro)
June 8, 2018	Filing 43 TRANSCRIPT of Proceedings re: initial pretrial conference held on 5/22/2018 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/29/2018. Redacted Transcript Deadline set for 7/9/2018. Release of Transcript Restriction set for 9/6/2018.(rro)
May 23, 2018	Filing 42 INITIAL CASE MANAGEMENT AND SCHEDULING ORDER: Defendants may file a counterclaim no later than 6/17/2018. Thereafter, the parties shall not amend their pleadings, or join additional parties, absent leave of the Court. Fact depositions due by 9/14/2018. Fact discovery due by 11/9/2018. Expert Discovery due by 11/30/2018. Expert deposition due by 1/31/2019. All discovery due by 1/31/2019. Status Conference set for 10/16/2018 at 09:30 AM before Magistrate Judge Barbara C. Moses. Summary judgment motions, if any (or, if required by the district judge, pre-motion conference letters with respect to summary judgment) shall be filed no later than 30 days after the close of discovery. Summary judgment motion papers shall conform to the individual practices of the district judge. The parties proposed joint pretrial order shall be filed no later than 30 days after the close of discovery, unless there are summary judgment motion(s), in which case the joint pretrial order shall be filed no later than 30 days after the decision on the motion(s). The proposed joint pretrial order shall conform to the individual practices of the district judge. The parties have stated that the anticipated length of trial is five days. The parties have requested a jury trial. (Signed by Magistrate Judge Barbara C. Moses on 5/23/2018) (ne) Modified on 8/13/2018 (ne).
May 22, 2018	Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Initial Pretrial Conference held on 5/22/2018. (Snell, Kevin)
May 11, 2018	Filing 41 ORDER: Due to a conflict with the Court's calendar, the initial case management conference previously scheduled for May 17, 2018, is adjourned to May 22, 2018, at 10:00 a.m. If any party has an unavoidable scheduling conflict with that date, that party's counsel must promptly telephone Judge Moses's courtroom deputy at (212) 805-0228 with two proposed alternative dates, acceptable to all counsel, for a morning conference. All other provisions of the Order Scheduling Initial Case Management and Scheduling Conference (Dkt. No. 36) remain in effect. So Ordered. (Initial Conference set for 5/22/2018 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 5/11/18) (yv)
May 10, 2018	Filing 40 JOINT PRE-CONFERENCE STATEMENT . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(Snyder, Orin)
May 10, 2018	Filing 39 NOTICE OF APPEARANCE by Alexander Steven Zbrozek on behalf of Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Zbrozek, Alexander)
May 10, 2018	Filing 38 NOTICE OF APPEARANCE by Laura Kathryn O'Boyle on behalf of Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (O'Boyle, Laura)
April 24, 2018	Filing 37 STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL FOR DEFENDANTS BLINK HEALTH LTD., GEOFFREY CHAIKEN, AND MATTHEW CHAIKEN: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that Gibson, Dunn & Crutcher LLP is hereby substituted for Paul, Weiss, Rifkind, Wharton & Garrison LLP as attorneys for Defendants Blink Health Ltd., Geoffrey Chaiken, and Matthew Chaiken in the above-captioned matter. All notices required to be given and all papers filed or served in these actions should henceforth be served upon counsel at the address set forth for incoming counsel. A supporting declaration pursuant to Local Civil Rule 1.4 is being submitted herewith. Attorney Andrew James Ehrlich terminated. Attorney Orin Snyder added. (Signed by Judge Victor Marrero on 4/23/2018) (ap)
March 28, 2018	Filing 36 REVISED ORDER SCHEDULING INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE granting #35 Letter Motion to Adjourn Conference. It is hereby ORDERED that the initial case management conference, previously scheduled for April 17, 2018, before the undersigned, is ADJOURNED to May 17, 2018 at 10 A.M. in Courtroom 20A, 500 Pearl Street, New York, New York. (As further set forth in this Order.) Initial Conference set for 5/17/2018 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 3/28/2018) (cf)
March 27, 2018	Filing 35 CONSENT LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated March 27, 2018. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Text of Proposed Order - [Proposed] Revised Scheduling Order)(Snyder, Orin)
March 27, 2018	Filing 34 NOTICE OF APPEARANCE by Orin Snyder on behalf of Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Snyder, Orin)
March 9, 2018	Filing 33 SCHEDULING INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE: Initial Conference set for 4/17/2018 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (As further est forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 3/9/2018) (cf)
March 7, 2018	Filing 32 LETTER addressed to Magistrate Judge Barbara C. Moses from Eric R. Stern dated March 7, 2018 re: Reply to Defendants' Letter of March 5. Document filed by Michael Karsch.(Stern, Eric)
March 5, 2018	Filing 31 LETTER addressed to Magistrate Judge Barbara C. Moses from Andrew J. Ehrlich dated 3/5/18 re: Response to Plaintiff's 2/27/18 Letter. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(Ehrlich, Andrew)
March 5, 2018	Filing 30 MEMO ENDORSEMENT: on re: #27 Letter filed by Michael Karsch. ENDORSEMENT: The parties are directed to address the matter set forth above to Magistrate Judge Barbara Moses, to whom this dispute has been referred for resolution, as well as for supervision of remaining pretrial proceedings, establishing case management schedules as necessary, and settlement. (Signed by Judge Victor Marrero on 3/5/2018) (ap)
March 5, 2018	Filing 29 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Victor Marrero on 3/5/2018) (ap)
March 5, 2018	Filing 28 NOTICE OF INITIAL CONFERENCE: Initial Conference set for 4/13/2018 at 3:15 PM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero, and as further set forth in this order. (Signed by Judge Victor Marrero on 3/1/2018) (ap)
February 27, 2018	Filing 27 LETTER addressed to Judge Victor Marrero from Eric R. Stern dated February 27, 2018 re: Opposition to Defendants' Application to Disqualify. Document filed by Michael Karsch.(Stern, Eric)
February 21, 2018	Filing 26 ENDORSED LETTER: addressed to Judge Victor Marrero, from Eric R. Stern, dated February 21, 2018, re: Extension of time. ENDORSEMENT: Request GRANTED. (Signed by Judge Victor Marrero on 2/21/2018) (ap)
February 21, 2018	Filing 25 ENDORSED LETTER: addressed to Judge Victor Marrero, from Andrew J. Ehrlich, dated February 16, 2018, re: Concerns. ENDORSEMENT: Plaintiff is directed to respond by 2-23-18, by letter not to exceed eight (8) pages, to the matter set forth above by defendants. (Signed by Judge Victor Marrero on 2/21/2018) (ap)
February 20, 2018	Filing 24 AMENDED ANSWER to #1 Complaint,, with JURY DEMAND. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit - A TEL Term Sheet)(Ehrlich, Andrew)
February 15, 2018	Filing 23 ANSWER to #1 Complaint,, with JURY DEMAND. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - TEL Term Sheet)(Ehrlich, Andrew)
January 18, 2018	Filing 22 ENDORSED LETTER: addressed to Judge Victor Marrero, from Andrew J. Ehrlich, dated January 16, 2018, re: Extension of time. ENDORSEMENT: Request GRANTED. The time for defendant(s) to answer or otherwise move with respect to the complaint in this action is extended to 2-15-18., Blink Health LTD answer due 2/15/2018; Geoffrey Chaiken answer due 2/15/2018; Matthew Chaiken answer due 2/15/2018. (Signed by Judge Victor Marrero on 1/17/2018) (ap)
January 11, 2018	Filing 21 DECISION AND ORDER: For the reasons described above, as well as those conveyed to the parties during three telephone conferences, it is hereby ORDERED that the motion (Dkt. Nos. 15, 19, 20) of defendants Blink Health Ltd., Geoffrey Chaiken, and Matthew Chaiken to dismiss counts I, II, III, IV, VI, VII, VIII, IX, X, and XI of plaintiff Michael Karsch's complaint (Dkt. No. 1) pursuant to Rule 12 (b) (6) of the Federal Rules of Civil Procedure is DENIED. (Signed by Judge Victor Marrero on 1/11/2018) (ap)
January 5, 2018	Filing 20 ENDORSED LETTER addressed to Judge Victor Marrero from Andrew J. Ehrlich dated 11/24/17 re: During the November 17 telephone conference, Your Honor directed us, on behalf of our clients Blink Health Ltd., Geoffrey Chaiken and Matthew Chaiken (collectively, the "Defendants"), to submit a letter to the Court in further support of our request to file a motion to dismiss Plaintiff's non-contract claims that have not been the subject of our prior letters, which identified the principal bases for the requested motion and certain supporting authorities. In this letter, we provide numerous additional legal authorities further showing that each basis for dismissal of all such claims is fully warranted by established Second Circuit and Southern District case law. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. (Signed by Judge Victor Marrero on 1/5/2018) (mro)
January 5, 2018	Filing 19 ENDORSED LETTER addressed to Judge Victor Marrero from Andrew J. Ehrlich dated 10/30/17 re: We suggest that the parties meet and confer promptly to propose (i) an agreed schedule for briefing on the Defendants' motion to dismiss and (ii) pursuant to Rule 16, confer and propose a scheduling order concerning discovery and other pretrial deadlines. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant. (Signed by Judge Victor Marrero on 1/5/2018) (mro)
January 5, 2018	Filing 18 ENDORSED LETTER addressed to Judge Victor Marrero from Jonathan Sack dated 7/20/17 re: Attached please find a letter sent to Andrew J. Ehrlich, Esq. of Paul, Weiss, Rifkind, Wharton & Garrison LLP in the above-referenced matter. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 1/5/2018) (mro)
November 17, 2017	Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 11/17/2017. Jonathan Sack present for plaintiff Michael Karsch. Andrew Ehrlich and Gregory Laufer present for defendants Blink Health LTD, Geoffrey Chaiken, and Matthew Chaiken. Defendants to submit a letter, not to exceed three (3) pages, to the Court regarding potential motion to dismiss by Friday, November 24, 2017. (JW)
November 8, 2017	Filing 17 NOTICE OF CONFERENCE: Telephone Conference set for 11/17/2017 at 4:00 PM before Judge Victor Marrero, and as further set forth in this order. (Signed by Judge Victor Marrero on 11/8/2017) (ap)
October 23, 2017	Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 10/23/2017. Jonathan Sack present for plaintiff Michael Karsch. Andrew Ehrlich present for defendants Blink Health LTD, Geoffrey Chaiken, and Matthew Chaiken. Defendants to notify Court regarding intent to file motion to dismiss by Friday, October 27, 2017. (LZ)
September 15, 2017	Filing 16 ENDORSED LETTER: addressed to Judge Victor Marrero, from Jonathan Sack, dated September 14, 2017, re: Opposition. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 9/14/2017) (ap)
September 11, 2017	Filing 15 ENDORSED LETTER: addressed to Judge Victor Marrero, from Andrew J. Ehrlich, dated September 11, 2017, re: Response to Complaint. ENDORSEMENT: Plaintiff is directed to respond by 9/14/17, by letter not to exceed three (3) pages, to the matter set forth above by defendant. Upon review of the response the Court may schedule a conference and provide further guidance as to whether motion practice would be warranted. (Signed by Judge Victor Marrero on 9/11/2017) (ap)
September 6, 2017	Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 9/6/2017. Jonathan Sack and Eric Stern present for plaintiff Michael Karsch. Andrew Ehrlich and James Borod present for defendants Blink Health LTD, Geoffrey Chaiken, and Matthew Chaiken. Defendants to submit letter to Court regarding potential motion to dismiss by Monday, September 11, 2017. (LZ)
August 9, 2017	Filing 14 NOTICE OF CONFERENCE: Telephone Conference set for 9/6/2017 at 2:00 PM before Judge Victor Marrero, and as further set forth in this order. (Signed by Judge Victor Marrero on 8/9/2017) (ap)
August 4, 2017	Filing 13 ENDORSED LETTER: addressed to Judge Victor Marrero, from Jonathan Sack, dated August 3, 3017, re: Opposition. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 8/4/2017) (ap)
July 27, 2017	Filing 12 ENDORSED LETTER: addressed to Judge Victor Marrero, from Andrew J. Ehrlich, dated July 26, 2017, re: Briefing Schedule. ENDORSEMENT: Plaintiff is directed to respond by 8-3-17, by letter not to exceed three (3) pages, to the matter set forth above by defendants. (Signed by Judge Victor Marrero on 7/27/2017) (ap)
July 5, 2017	Filing 11 ENDORSED LETTER: addressed to Judge Victor Marrero, from Eric R. Stern, dated July 5, 2017, re: Extension of time. ENDORSEMENT: Request GRANTED. The time for defendant(s) to answer or otherwise move with respect to the complaint in this action is extended 7-26-17. (Signed by Judge Victor Marrero on 7/5/2017) (ap)
June 27, 2017	Filing 10 ENDORSED LETTER: addressed to Jonathan S. Sack, Esq., from Andrew J. Ehrlich, dated June 26, 2017, re: Dismissal of Plaintiff's Complaint. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. (Signed by Judge Victor Marrero on 6/27/2017) (ap)
June 12, 2017	Filing 9 ENDORSED LETTER: addressed to Judge Victor Marrero, from Jonathan Sack, Esq., dated June 7, 2017, re: Letter in Opposition. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 6/12/2017) (ap)
June 12, 2017	Filing 8 ENDORSED LETTER: addressed to Judge Victor Marrero, from Andrew J. Ehrlich, dated June 6, 2017, re: Division of Business. ENDORSEMENT: Request DENIED. The Court is not persuaded that a transfer of this case to Judge Woods under the circumstances described above would satisfy the criteria governing related cases as set forth in Rule 13 of this Court's Rules for the Division of Business. (Signed by Judge Victor Marrero on 6/12/2017) (ap)
June 5, 2017	Filing 7 ENDORSED LETTER: addressed to Judge Victor Marrero, from Andrew J. Ehrlich, dated June 5, 2017, re: Extension of time to Answer. ENDORSEMENT: Request GRANTED. The time for defendant(s) to answer or otherwise move with respect to the complaint in this action is extended to 7-13-17. Blink Health LTD answer due 7/13/2017; Geoffrey Chaiken answer due 7/13/2017; Matthew Chaiken answer due 7/13/2017. (Signed by Judge Victor Marrero on 6/5/2017) (ap)
May 25, 2017	Filing 6 NOTICE OF APPEARANCE by James Hudson Borod on behalf of Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Borod, James)
May 25, 2017	Filing 5 NOTICE OF APPEARANCE by Gregory Frederick Laufer on behalf of Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Laufer, Gregory)
May 25, 2017	Filing 4 NOTICE OF APPEARANCE by Andrew James Ehrlich on behalf of Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Ehrlich, Andrew)
May 24, 2017	***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan Scott Sack. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (kl)
May 24, 2017	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan Scott Sack. The party information for the following party/parties has been modified: Blink Health LTD (f/k/a Chaiken Holdings LLC and Vital Matters LLC). The information for the party/parties has been modified for the following reason/reasons: alias party name was added. (kl)
May 24, 2017	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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)
May 24, 2017	Magistrate Judge Barbara C. Moses 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)
May 24, 2017	Case Designated ECF. (kl)
May 23, 2017	Filing 3 NOTICE OF APPEARANCE by Eric Robert Stern on behalf of Michael Karsch. (Stern, Eric)
May 23, 2017	Filing 2 CIVIL COVER SHEET filed. (Sack, Jonathan)
May 23, 2017	Filing 1 COMPLAINT against Blink Health LTD (f/k/a Chaiken Holdings LLC and Vital Matters LLC), Geoffrey Chaiken, Matthew Chaiken. (Filing Fee $ 400.00, Receipt Number 0208-13697823)Document filed by Michael Karsch. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M)(Sack, Jonathan)

August 26, 2020

Filing 170 LETTER addressed to Judge Victor Marrero from Jonathan Sack dated August 26, 2020 re: Reply to Defendant's Request for Pre-Motion Conference. Document filed by Michael Karsch..(Sack, Jonathan)

August 21, 2020

Filing 169 MEMO ENDORSEMENT on re: #168 Letter filed by Matthew Chaiken, Blink Health LTD, Geoffrey Chaiken. ENDORSEMENT: Plaintiff is directed to respond by letter not to exceed three pages within five days of the date of this Order. SO ORDERED. (Signed by Judge Victor Marrero on 8/21/2020) (kv)

August 19, 2020

Filing 168 LETTER addressed to Judge Victor Marrero from Orin Snyder dated August 19, 2020 re: request for pre-motion conference. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken..(Snyder, Orin)

August 17, 2020

Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Settlement Conference held on 8/17/2020. (Snell, Kevin)

August 7, 2020

Filing 167 ORDER SCHEDULING SETTLEMENT CONFERENCE: granting #166 Letter Motion for Conference. A settlement conference is scheduled before Magistrate Judge Barbara Moses on August 17, 2020, at 2:15 p.m. THE PARTIES ARE DIRECTED TO READ THIS ENTIRE ORDER CAREFULLY. FAILURE TO COMPLY WITH PRE-CONFERENCE RESPONSIBILITIES MAY RESULT IN SANCTIONS. Attendance of Parties, Trial Counsel, and Carriers Required. Each party must attend the settlement conference, together with that party's lead trial attorney, via teleconference or other remote means (see Paragraph 6 below). And as set forth herein. SO ORDERED. Settlement Conference set for 8/17/2020 at 02:15 PM before Magistrate Judge Barbara C. Moses. Telephone Conference set for 8/17/2020 at 02:15 PM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 8/07/2020) (ama)

August 7, 2020

Terminate Transcript Deadlines (ama)

July 28, 2020

Filing 166 JOINT LETTER MOTION for Conference re: #165 Order,, / Request for Settlement Conference addressed to Magistrate Judge Barbara C. Moses from Orin Snyder and Jonathan S. Sack dated July 28, 2020. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken..(Snyder, Orin)

July 22, 2020

Filing 165 ORDER. Discovery having concluded (see Dkt. No. 160), the parties are directed to advise the Court by joint letter, no later than July 28, 2020, whether they believe a judicially supervised settlement conference would be productive. Absent further order of the Court, the scheduling of a settlement conference will not suspend the parties' deadline for summary judgment pre-motion conference letters (currently due by August 19, 2020, see Dkt. No. 160), or other pretrial obligations. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 7/22/20) (yv)

May 26, 2020

Filing 164 STIPULATION AND ORDER CONCERNING THE PROTOCOL FOR CONDUCTING REMOTE DEPOSITIONS: All depositions shall be conducted remotely using videoconference technology, and each deponent shall be video-recorded. The Parties agree that the Party noticing the deposition shall retain a legal services vendor that is equipped to provide court reporting, videoconference, and remote deposition services in conformity with the terms of this Stipulation. The Parties agree that an employee of the retained legal services vendor may attend each remote deposition to video record the deposition and troubleshoot any technological issues that may arise. The Parties agree that these video-recorded remote depositions may be used at a trial or hearing to the same extent that an in-person deposition may be used at trial or hearing, and the Parties agree not to object to the use of these video recordings on the basis that the deposition was taken remotely. The Parties reserve all other objections to the use of any deposition testimony at trial. All other provisions as further set forth in this order. So Ordered. Motions terminated: #163 CONSENT LETTER MOTION for Discovery - Remote Deposition Protocol addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 22, 2020. filed by Matthew Chaiken, Blink Health LTD, Geoffrey Chaiken. (Signed by Magistrate Judge Barbara C. Moses on 5/26/2020) (js) Modified on 5/28/2020 (js).

May 22, 2020

Filing 163 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - CONSENT LETTER MOTION for Discovery - Remote Deposition Protocol addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 22, 2020. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Stipulation and [Proposed] Order).(O'Boyle, Laura) Modified on 7/22/2020 (db).

May 14, 2020

Filing 162 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 5/11/2020 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.(rro)

May 14, 2020

Filing 161 TRANSCRIPT of Proceedings re: Telephone Conference held on 5/11/2020 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2020. Redacted Transcript Deadline set for 6/15/2020. Release of Transcript Restriction set for 8/12/2020..(rro)

May 11, 2020

Filing 160 ORDER granting #153 Letter Motion for Extension of Time to Complete Discovery. The remote deposition of defendants' expert Prof. Gompers shall take place no later than July 20, 2020. All discovery shall be completed no later than July 20, 2020. This Order resolves Dkt. No. 153. (As further set forth in this Order.) Deposition due by 7/20/2020. Discovery due by 7/20/2020. (Signed by Magistrate Judge Barbara C. Moses on 5/11/2020) (cf)

May 11, 2020

Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Telephone Conference held on 5/11/2020. (kgo)

May 8, 2020

Filing 159 LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 8, 2020 re: #153 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 1, 2020. . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit 1 - Email).(O'Boyle, Laura)

May 7, 2020

Filing 158 Due to a conflict on the Court's calendar, the telephonic conference scheduled for May 11, 2020, at 10:00 a.m., will instead begin on May 11, 2020, at 12:00 p.m. (HEREBY ORDERED by Magistrate Judge Barbara C. Moses) (Text Only Order) (nws)

May 6, 2020

Filing 157 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated May 6, 2020 re: #153 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 1, 2020. . Document filed by Michael Karsch. (Attachments: #1 Exhibit A).(Sack, Jonathan)

May 6, 2020

Filing 156 ORDER granting #155 LETTER MOTION for Extension of Time for Defendants to serve their expert report addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 5, 2020. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. Application granted. So ordered. (Signed by Magistrate Judge Barbara C. Moses on 5/6/2020) (rjm)

May 5, 2020

Filing 155 LETTER MOTION for Extension of Time for Defendants to serve their expert report addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 5, 2020. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken..(O'Boyle, Laura)

May 4, 2020

Filing 154 MEMO ENDORSEMENT on re: #153 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 1, 2020. filed by Matthew Chaiken, Blink Health LTD, Geoffrey Chaiken. ENDORSEMENT: Plaintiff shall respond to defendants' letter no later than May 6, 2020. Defendants may reply no later than May 8, 2020. The parties should address, among other things, why they have (apparently) made no arrangements to conduct the Fliegler deposition remotely, as permitted by Rule 30(b) and this Courts Order dated March 18, 2020. (Dkt. No. 152.) Judge Moses will conduct a telephonic conference on the issues raised by defendants' letter on May 11, 2020, at 10:00 a.m. At that time, the parties shall call into the following teleconference: Call in number: 888-557-8511; Access Code: 7746387. ( Responses due by 5/6/2020, Replies due by 5/8/2020.) (Signed by Magistrate Judge Barbara C. Moses on 5/4/2020) (cf)

May 4, 2020

Set/Reset Hearings: Telephone Conference set for 5/11/2020 at 10:00 AM before Magistrate Judge Barbara C. Moses. (cf)

May 1, 2020

Filing 153 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated May 1, 2020. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit 1 - Email).(O'Boyle, Laura)

March 18, 2020

Filing 152 ORDER granting #151 Motion for Extension of Time to Complete Discovery. it is hereby ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions in this action may be taken via telephone, video conference, or other remote means, and may be recorded by any reliable audio or audiovisual means. This Order does not dispense with the requirements set forth in Fed. R. Civ. P. 30(b)(5), including the requirement that, unless the parties stipulate otherwise, the deposition be "conducted before an officer appointed or designated under Rule 28," and that the deponent be placed under oath by that officer. For avoidance of doubt, a deposition will be deemed to have been conducted "before" an officer so long as that officer attends the deposition via the same remote means (e.g., telephone conference call or video conference) used to connect all other remote participants, and so long as all participants (including the officer) can clearly hear and be heard by all other participants. It is further ORDERED, pursuant to Fed. R. Civ. P. 16(b)(4), that all unexpired deadlines for the completion of fact depositions, fact discovery, expert depositions, expert discovery, and/or all discovery are hereby EXTENDED for a period of 45 days. Nothing in this Order prevents the parties from seeking to further modify the pretrial schedule in this action in light of the COVID-19 pandemic (or for any other good cause). Prior to seeking such relief, the parties must, as always, meet and confer (via remote means) in a good faith effort to reach agreement on how best to fulfill the goals of Rule 1 while avoiding unnecessary health risks. This Order resolves Dkt. No. 151. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 3/18/2020) (ks)

March 13, 2020

Filing 151 CONSENT LETTER MOTION for Extension of Time to Complete Discovery / Adjournment of discovery deadlines addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated March 13, 2020. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken..(O'Boyle, Laura)

January 9, 2020

Filing 150 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 1/2/2020 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.(rro)

January 9, 2020

Filing 149 TRANSCRIPT of Proceedings re: Telephone Conference held on 1/2/2020 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/30/2020. Redacted Transcript Deadline set for 2/10/2020. Release of Transcript Restriction set for 4/8/2020.(rro)

January 3, 2020

Filing 148 ORDER granting in part #141 Letter Motion for Extension of Time to Complete Discovery. Nonetheless, mindful of the holiday season-and in accordance with the courts' preference for resolving disputes on the merits, where possible-the Court hereby exercises its discretion to GRANT plaintiff's motions IN PART, as follows: 1. No later than January 16, 2020, defendants shall produce all remaining documents, if any, reflecting the issuance of Blink stock (whether denominated "common," "preferred," "Series A," "founder," or otherwise) to any investor from July 9, 2014 through May 27, 2015, inclusive. 2. The deadlines set forth in the Order dated November 14, 2019 (Dkt. No. 133) are EXTENDED as follows: a. Plaintiff shall serve his expert evidence, including the identities and written reports of experts, as required by Fed. R. Civ. P. 26(a)(2)(A), (B), or (C) no later than January 23, 2020. b. Defendants shall their serve expert evidence, including the identities and written reports of experts, as required by Fed. R. Civ. P. 26(a)(2)(A), (B),or (C) no later than March 23, 2020. c. Depositions of experts shall be completed no later than April 20, 2020. d. All discovery shall be completed no later than April 20, 2020. e. Pre-motion conference letters with respect to summary judgment shall be filed no later than 30 days after the close of discovery, and shall conform to the individual practices of the district judge. This Order resolves Dkt. No. 141. Deposition due by 4/20/2020. Discovery due by 4/20/2020. (Signed by Magistrate Judge Barbara C. Moses on 1/3/2020) (mro)

January 2, 2020

Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Telephone Conference held on 1/2/2020. (Snell, Kevin)

January 2, 2020

Filing 147 LETTER MOTION to Reopen / Leave to renew Defendants' motion for sanctions addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated December 10, 2019. Document filed by Blink Health LTD. (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - Letter, #3 Exhibit 3 - Email, #4 Exhibit 4 - Response, #5 Exhibit 5 - Transcript Excerpt, #6 Exhibit 6 - Email, #7 Exhibit 7 - Response, #8 Exhibit 8 - Transcript Excerpt, #9 Exhibit 9 - Transcript Excerpt, #10 Exhibit 10 - Request for Production, #11 Exhibit 11 - Transcript Excerpt, #12 Exhibit 12 - Letter, #13 Exhibit 13 - Transcript Excerpt, #14 Exhibit 14 - Email)(Snyder, Orin)

December 26, 2019

Filing 146 ORDER: Plaintiff's optional reply shall be filed no later than December 27, 2019, in accordance with Moses Ind. Prac. 2(e); Judge Moses will hold a telephonic conference on January 2, 2020, at 11:30 a.m. Counsel for the parties are directed to call (212) 805-0228 a few minutes before 11:30 a.m., with all attorneys on one line. (As further set forth in this Order.) (Replies due by 12/27/2019., Telephone Conference set for 1/2/2020 at 11:30 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 12/26/2019) (cf)

December 26, 2019

Filing 145 ORDER granting #142 Motion to Discharge. Upon the Motion by Counsel for Plaintiff Michael Karsch and the accompanying declaration of Jonathan S. Sack, IT IS HEREBY ORDERED that the motion by Jonathan Sack to terminate Eric Stern as counsel for Plaintiff Michael Karsch is granted, and Mr. Stern's appearance is terminated as of the date of this Order. (Signed by Magistrate Judge Barbara C. Moses on 12/26/2019) (va)

December 23, 2019

Filing 144 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Laura Kathryn O'Boyle dated December 23, 2019 re: #141 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated December 20, 2019. . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (O'Boyle, Laura)

December 23, 2019

Filing 143 DECLARATION of Jonathan Sack in Support re: #142 MOTION to Discharge Eric Stern as Counsel for Plaintiff.. Document filed by Michael Karsch. (Sack, Jonathan)

December 23, 2019

Filing 142 MOTION to Discharge Eric Stern as Counsel for Plaintiff. Document filed by Michael Karsch. (Attachments: #1 Text of Proposed Order)(Sack, Jonathan)

December 20, 2019

Filing 141 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated December 20, 2019. Document filed by Michael Karsch. (Attachments: #1 Exhibit Ex. A - Plaintiff's Discovery Requests, #2 Exhibit Ex. B - Ltr to Orin Snyder - 2019-12-18, #3 Ex. C - Email from Laura O'Boyle - 2019-12-19)(Sack, Jonathan)

December 20, 2019

Filing 140 ORDER denying #134 Letter Motion to Reopen. To the extent defendants seek to "renew" their previous motion for sanctions or reopen the Court's orders resolving that motion, their letter-application is DENIED. To the extent they seek leave to file a new discovery sanctions motion, based on developments occurring after the last such motion, they may do so in the form of a noticed motion, in compliance with Local Civil Rule 7.1 and the Court's Individual Practices, filed fourteen days after the close of expert discovery. The Court has also received and reviewed defendants' letter-application dated December 10, 2019 (Dkt. No. 135), requesting the "temporary sealing" of certain deposition testimony cited in and attached to the letter-application discussed above. The Court notes that the 30-day period during which the parties are required to treat such testimony as "attorneys' eyes only" expires tomorrow. (See Dkt. No. 56 3(b).) If plaintiff seeks to maintain any portion of defendants' principal letter-application under seal, plaintiff shall request that relief, in accordance with the standards set out in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), no later than December 27, 2019. In the absence of such a request, defendants shall promptly refile Dkt. No. 134 and its exhibits in unredacted form. The Clerk of Court is respectfully directed to terminate the letter-application at Dkt. No. 134 and leave the letter-application at Dkt. No. 135 pending. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 12/20/2019) (kv)

December 20, 2019

Filing 139 ORDER: For the reasons stated above, the Court awards fees and expenses as follows (as further set forth in this Order.) In addition, the Court awards defendants $22,178.99 in costs. In total, therefore, defendants are awarded $18,151.75 in sanctions as against plaintiff's attorneys at Sack & Sack LLP, as well as $174,529.49 ($152,350.50 in fees + $22,178.99 in costs) in sanctions as against plaintiff and his attorneys at Sack & Sack, jointly and severally. Payment is to be made within forty-five days of this Order. (Signed by Magistrate Judge Barbara C. Moses on 12/20/2019) (cf)

December 17, 2019

Filing 138 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated December 17, 2019 re: #134 LETTER MOTION to Reopen / Leave to renew Defendants' motion for sanctions addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated December 10, 2019. . Document filed by Michael Karsch. (Attachments: #1 Affidavit)(Sack, Jonathan)

December 13, 2019

Filing 137 ORDER granting #136 Letter Motion for Extension of Time to File Response/Reply. APPLICATION GRANTED. Responses due by 12/17/2019 Replies due by 12/20/2019. (Signed by Magistrate Judge Barbara C. Moses on 12/13/2019) (cf)

December 13, 2019

Filing 136 LETTER MOTION for Extension of Time to File Response/Reply as to #134 LETTER MOTION to Reopen / Leave to renew Defendants' motion for sanctions addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated December 10, 2019. addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated December 13, 2019. Document filed by Michael Karsch.(Sack, Jonathan)

December 10, 2019

Filing 135 LETTER MOTION to Seal Document #134 LETTER MOTION to Reopen / Leave to renew Defendants' motion for sanctions addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated December 10, 2019. addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated December 10, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(O'Boyle, Laura)

December 10, 2019

Filing 134 LETTER MOTION to Reopen / Leave to renew Defendants' motion for sanctions addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated December 10, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - Letter, #3 Exhibit 3 - Email, #4 Exhibit 4 - Response, #5 Exhibit 5 - Under Seal, #6 Exhibit 6 - Email, #7 Exhibit 7 - Response, #8 Exhibit 8 - Transcript, #9 Exhibit 9 - Under Seal, #10 Exhibit 10 - Document Requests, #11 Exhibit 11 - Under Seal, #12 Exhibit 12 - Letter, #13 Exhibit 13 - Transcript, #14 Exhibit 14 - Email)(Snyder, Orin)

November 14, 2019

Filing 133 ORDER granting #130 Letter Motion for Extension of Time to Complete Discovery. Fact depositions shall be completed no later than November 21, 2019. All remaining fact discovery shall be completed no later than December 23, 2019. Depositions of experts shall be completed no later than March 20, 2020. All discovery must be completed no later than March 20, 2020. (As further set forth in this Order.) This Order resolves Dkt. No. 130. Deposition due by 3/20/2020. Discovery due by 3/20/2020. (Signed by Magistrate Judge Barbara C. Moses on 11/14/2019) (cf)

November 14, 2019

Set/Reset Deadlines: Fact Discovery due by 12/23/2019. (cf)

November 13, 2019

Filing 132 LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Eric R. Stern dated November 13, 2019 re: #130 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated November 12, 2019. . Document filed by Michael Karsch. (Stern, Eric)

November 12, 2019

Filing 131 ORDER with respect to #130 Letter Motion for Extension of Time to Complete Discovery. Plaintiff shall file his response, if any, no later than November 13, 2019. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/12/2019) (kv)

November 12, 2019

Filing 130 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated November 12, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(O'Boyle, Laura)

November 12, 2019

Set/Reset Deadlines: Responses due by 11/13/2019 (kv)

August 1, 2019

Filing 129 OPPOSITION BRIEF re: #125 Declaration in Support, #126 Declaration in Support, . Document filed by Michael Karsch. (Attachments: #1 Declaration of Jonathan Sack, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Stern, Eric)

July 24, 2019

Filing 128 ORDER granting #127 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 7/24/2019) (kv)

July 24, 2019

Filing 127 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #125 Declaration in Support, #126 Declaration in Support, addressed to Magistrate Judge Barbara C. Moses from Eric R. Stern dated July 24, 2019. Document filed by Michael Karsch.(Stern, Eric)

July 11, 2019

Filing 126 DECLARATION of JUSTINE M. GOEKE in Support re: #122 Order on Motion for Sanctions,,,,,,,,,. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Invoice, #2 Exhibit B - Email Correspondence, #3 Exhibit C - Email Correspondence)(O'Boyle, Laura)

July 11, 2019

Filing 125 DECLARATION of LAURA K. O'BOYLE in Support re: #122 Order on Motion for Sanctions,,,,,,,,,. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Attorney Biographies, #2 Exhibit B - Billing Reports, #3 Exhibit C - Fee Charts, #4 Exhibit D - Fee Charts)(O'Boyle, Laura)

July 1, 2019

Filing 124 SCHEDULING ORDER: Fact depositions shall be completed no later than November 15, 2019. All remaining fact discovery shall be completed no later than December 16, 2019. Depositions of experts shall be completed no later than March 13, 2020. All discovery must be completed no later than March 13, 2020. (As further set forth in this Order.) Given the length of the proposed fact discovery schedule, no further extensions will be granted absent compelling circumstances. Deposition due by 3/13/2020. Discovery due by 3/13/2020. (Signed by Magistrate Judge Barbara C. Moses on 7/1/2019) (cf)

July 1, 2019

Set/Reset Deadlines: Fact Discovery due by 12/16/2019. (cf)

June 27, 2019

Filing 123 LETTER addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated June 27, 2019 re: joint proposed schedule. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Text of Proposed Order -- Joint [Proposed] Scheduling Order)(O'Boyle, Laura)

June 20, 2019

Filing 122 MEMORANDUM AND ORDER. For the reasons stated above, defendants' motion for sanctions (Dkt. No. 102) is GRANTED IN PART and DENIED IN PART. It is hereby ORDERED that plaintiff Michael Karsch and his counsel, Sack & Sack, shall pay the expenses, including attorneys' fees and out-of-pocket costs, reasonably incurred by defendants as a result of plaintiff's failure to obey this Court's discovery orders issued on July 12, 2018, November 13, 2018, and January 18, 2019, including the fees and costs reasonably incurred to obtain this Memorandum and Order. The monetary sanctions shall be imposed jointly and severally upon plaintiff and his counsel, except that Sack & Sack alone shall reimburse defendants for their expenses caused by the Firms violation of the July 12 Order. It is further ORDERED that defendants shall submit one or more declarations evidencing their recoverable fees and costs, as well as the allocation of those fees and costs to plaintiff and his counsel, no later than July 11, 2019. All sums requested must be supported by admissible evidence, including properly authenticated copies of counsel's relevant time and expense records. Plaintiff and his counsel may file a response - limited to the amount of defendants' recoverable fees and costs and the appropriate apportionment between plaintiff and the Firm - no later than July 25, 2019. There shall be no reply. It is further ORDERED that defendants shall be permitted to present evidence to the jury concerning the loss and potential relevance of the ESI once contained on the Karsch Capital Server and the Jacoby Devices, and may also seek an instruction informing the jury that it may consider that evidence, along with all other evidence in the case, in making its decision. The precise scope of the evidence to be allowed, and the form of any jury instruction concerning that evidence, will be reserved for decision by the district judge at the time of trial. It is further ORDERED that no later than June 27, 2019, the parties shall submit a proposed schedule for the remainder of fact and expert discovery. If the parties cannot agree, they shall attach (or include in the letter) their competing proposed schedules, without extended argument. This Memorandum and Order disposes of the motion at Dkt. No. 102. So ordered. Granting in part and denying in part #102 Motion for Sanctions. (Signed by Magistrate Judge Barbara C. Moses on 6/20/2019) (rjm)

April 19, 2019

Filing 121 ORDER terminating #98 Letter Motion for Conference. On February 20, 2019, defendants Blink Health Ltd. (Blink), Geoffrey Chaiken, and Matthew Chaiken filed a letter-motion (Dkt. No. 98) objecting on two different grounds to certain of those privilege designations. Plaintiff did not oppose defendants' letter-motion. On February 27, 2019, the Court directed plaintiff to submit the contested documents (those listed in Exhibits A and K to defendants' letter-motion) to chambers for in camera review. (Dkt. No. 101.). The following communications are within the scope of that waiver and must now be produced to defendants unredacted (except where specifically indicated): Ltr. Mot. Ex. A: Nos. 1, 2, 3, 4, 15, 17, 18, 52 (plaintiff may redact paragraphs 1, 2, 3, and 4 of No. 52) Ltr. Mot. Ex. K: Nos. 2, 3, 4 In addition, plaintiff must produce any other communications between Michael Karsch and Stephen Karsch that address the same subject matter but were previously withheld as privileged. After a careful review of the 11 communications in which defendants contend that Stephen Karsch was not acting in his capacity as an attorney (Ltr. Mot. Ex. K), the Court concludes that with one exception the communications do in fact reflect either a request for or the provision of legal advice, including strategic litigation advice. The exception is No. 5, which is not privileged and must be produced. This Order resolves Dkt. No. 98. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 4/19/2019) (cf)

April 17, 2019

Filing 120 LETTER addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated April 17, 2019 re: Defendants' April 12, 2019 Letter. Document filed by Michael Karsch.(Stern, Eric)

April 15, 2019

Filing 119 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 4/8/2019 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.(vba)

April 15, 2019

Filing 118 TRANSCRIPT of Proceedings re: Discovery Hearing held on 4/8/2019 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 5/6/2019. Redacted Transcript Deadline set for 5/16/2019. Release of Transcript Restriction set for 7/15/2019.(vba)

April 12, 2019

Filing 117 MEMO ENDORSEMENT: on re: #116 Letter, filed by Matthew Chaiken, Blink Health LTD, Geoffrey Chaiken. ENDORSEMENT: The Court does not recall requesting or permitting post-argument briefing on the sanctions motion. Rather than strike defendants' letter-brief, however, the Court will permit plaintiff to submit a responding letter, limited to three pages, no later than April 17, 2019. Thereafter, no further submissions will be accepted. So Ordered. (Signed by Magistrate Judge Barbara C. Moses on 4/12/2019) (js)

April 12, 2019

Filing 116 LETTER addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated April 12, 2019 re: question raised by the Court during the April 8, 2019 oral argument regarding the imposition of terminating sanctions before depositions. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(Snyder, Orin)

April 10, 2019

Filing 115 LETTER addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated April 10, 2019 re: April 8, 2019 Letter. Document filed by Michael Karsch.(Stern, Eric)

April 8, 2019

Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Hearing held on 4/8/2019. (Snell, Kevin)

April 8, 2019

Filing 114 LETTER addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated April 8, 2019 re: April 8, 2019 Conference. Document filed by Michael Karsch. (Attachments: #1 April 4, 2019 Article)(Stern, Eric)

March 29, 2019

Filing 113 ORDER granting #111 Letter Motion to Adjourn Conference. At the request of the parties, the discovery hearing previously scheduled for April 2, 2019 at 10:00 a.m. is ADJOURNED to April 8, 2019, at 4:30 p.m. This Order resolves Dkt. No. 111. Discovery Hearing set for 4/8/2019 at 04:30 PM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 3/29/2019) (mro)

March 28, 2019

Filing 112 MEMO ENDORSEMENT on re: #111 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated March 27, 2019. filed by Michael Karsch. ENDORSEMENT: The Court is not available on April 18. Counsel are directed to call chambers to select a date between April 8 and April 12 for the conference in this action. (Signed by Magistrate Judge Barbara C. Moses on 3/28/2019) (cf)

March 27, 2019

Filing 111 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated March 27, 2019. Document filed by Michael Karsch.(Stern, Eric)

March 22, 2019

Filing 110 DECLARATION of LAURA K. O'BOYLE in Support re: #102 MOTION for Sanctions .. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Email)(Snyder, Orin)

March 22, 2019

Filing 109 REPLY MEMORANDUM OF LAW in Support re: #102 MOTION for Sanctions . . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Snyder, Orin)

March 22, 2019

Filing 108 ORDER: The Court has received and reviewed the documents submitted by plaintiff in camera pursuant to the Court's February 27, 2019 Order. (Dkt. No. 101.) The parties should be prepared to discuss defendants' letter-motion concerning those documents (Dkt. No. 98) at the hearing scheduled for April 2, 2019, at 10:00 a.m. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 3/22/2019) (jca)

March 22, 2019

Filing 107 NOTICE OF APPEARANCE by Grace Hart on behalf of Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Hart, Grace)

March 15, 2019

Filing 106 MEMORANDUM OF LAW in Opposition re: #102 MOTION for Sanctions . . Document filed by Michael Karsch. (Stern, Eric)

March 15, 2019

Filing 105 DECLARATION of Jonathan Sack in Opposition re: #102 MOTION for Sanctions .. Document filed by Michael Karsch. (Attachments: #1 Ex. A - Karsch Side Letter, #2 Ex. B - November 19, 2018 Email, #3 Ex. C - November 20, 2018 Email and Attachments, #4 Ex. D - December 3, 2018 Email, #5 Ex. E - December 11, 2018 Email and Attachments, #6 Ex. F - December 18, 2018 Email and Attachments, #7 Ex. G - December 21, 2018 Email and Attachments, #8 Ex. H - January 25, 2019 Email, #9 Ex. I - January 18, 2019 Email and Attachments, #10 Ex. J - December 19, 2018 Email, #11 Ex. K - December 30, 2018 Email)(Stern, Eric)

March 1, 2019

Filing 104 DECLARATION of Laura K. O'Boyle in Support re: #102 MOTION for Sanctions .. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A- Responses to Court Interrogatories, #2 Exhibit B- Email, #3 Exhibit C- Email, #4 Exhibit D- Declaration, #5 Exhibit E- Email, #6 Exhibit F- Convertible Promissory Note, #7 Exhibit G- Declaration, #8 Exhibit H- Interrogatory Responses, #9 Exhibit I- Subpoena Response, #10 Exhibit J- Email, #11 Exhibit K- Interrogatory Responses, #12 Exhibit L- Declaration, #13 Exhibit M- Email, #14 Exhibit N- Privilege Log Excerpt, #15 Exhibit O- Emails, #16 Exhibit P- Amended Responses to Court Interrogatories, #17 Exhibit Q- Email, #18 Exhibit R- Email, #19 Exhibit S- Letter, #20 Exhibit T- Emails, #21 Exhibit U- Emails, #22 Exhibit V- Emails, #23 Exhibit W- Emails, #24 Exhibit X- Letter, #25 Exhibit Y- Emails, #26 Exhibit Z- Chart, #27 Exhibit AA- Spreadsheet, #28 Exhibit BB- Rule 26(a) Disclosure)(O'Boyle, Laura)

March 1, 2019

Filing 103 MEMORANDUM OF LAW in Support re: #102 MOTION for Sanctions . . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Snyder, Orin)

March 1, 2019

Filing 102 MOTION for Sanctions . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(Snyder, Orin)

February 27, 2019

Filing 101 ORDER: The Court having received and reviewed defendants' letter-application dated February 20, 2019 (Dkt. No. 98); plaintiff having failed to file any opposition within the time permitted by II(E) of Individual Practices of the undersigned Magistrate Judge; and for good cause shown; It is hereby ORDERED that plaintiff shall submit the documents listed in Exhibits A and K to defendant's letter-application (i.e., Dkt. Nos. 98-1 and 98-11) (including all attachments withheld on privilege grounds) to the Court, for in camera review, no later than March 6, 2019. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 2/27/2019) (cf)

February 25, 2019

Filing 100 ORDER denying #99 Letter Motion for Leave to File Excess Pages. Application DENIED. (Signed by Magistrate Judge Barbara C. Moses on 2/25/2019) (mro)

February 22, 2019

Filing 99 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated February 22, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(O'Boyle, Laura)

February 20, 2019

Filing 98 LETTER MOTION for Conference - Letter Motion re Communications between Plaintiff and Stephen Karsch addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated February 20, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A Chart of Documents Subject to Privilege Waiver, #2 Exhibit B Email, #3 Exhibit C Email, #4 Exhibit D Letter, #5 Exhibit E Letter, #6 Exhibit F Letter, #7 Exhibit G Email, #8 Exhibit H Email, #9 Exhibit I Email, #10 Exhibit J Email, #11 Exhibit K Chart of Documents for Which Blink Seeks In Camera Review, #12 Exhibit L Email)(Snyder, Orin)

January 30, 2019

Filing 97 ORDER granting in part and denying in part #96 Letter Motion for Extension of Time. Defendants' application is GRANTED IN PART. Their deadline to file the noticed motion described in the Court's Orders dated December 11, 2018 (Dkt. No. 88, 3) and January 8, 2019 (Dkt. No. 93 paragraph 6) is EXTENDED to March 1, 2019. Plaintiffs opposition shall be filed no later than March 15, 2019. Defendants' reply, if any, shall be filed no later than March 22, 2019. The formatting rules, page limitations, and related requirements set forth in Local Civil Rule 7.l (a) and II(F)(H) of Judge Moses's Individual Practices shall apply. The Court will hold a hearing on defendants' motion on April 2, 2019, at 10:00 a.m. in Courtroom 20A, 500 Pearl Street, New York, New York. (As further set forth in this Order.) Motions due by 3/1/2019. (Signed by Magistrate Judge Barbara C. Moses on 1/30/2019) (cf)

January 30, 2019

Set/Reset Deadlines: ( Motions due by 3/1/2019., Responses due by 3/15/2019, Replies due by 3/22/2019.), Set/Reset Hearings:( Status Conference set for 4/2/2019 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (cf)

January 28, 2019

Filing 96 LETTER MOTION for Extension of Time / Letter Motion for Extension of Time for Defendants to file a noticed discovery motion and for an order directing Plaintiff to produce non-privileged documents from the Karsch Capital server at his own expense and on an expedited basis. addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated January 28, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Email, #2 Exhibit B - Email, #3 Exhibit C - Responses to Court Interrogatories, #4 Exhibit D - Amended Responses to Court Interrogatories, #5 Exhibit E - Email, #6 Exhibit F - Email, #7 Exhibit G - Email)(Snyder, Orin)

January 8, 2019

Filing 95 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 1/3/2019 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.(aea)

January 8, 2019

Filing 94 TRANSCRIPT of Proceedings re: Telephone Conference held on 1/3/2019 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/29/2019. Redacted Transcript Deadline set for 2/8/2019. Release of Transcript Restriction set for 4/8/2019.(aea)

January 8, 2019

Filing 93 ORDER. It is hereby ORDERED that: 1. Plaintiff (including, for purposes of this Order, Michael Karsch and all affiliated persons and entities represented by the same counsel in connection with discovery in this action) shall produce the documents and information specified in paragraph 1 of the Proposed Scheduling Order no later than January 11, 2019. 2. Plaintiff shall produce the information specified in paragraph 2 of the Proposed Scheduling Order no later than January 18, 2019. 3. Plaintiff's responses to defendants' written discovery requests and subpoenas shall be substantially complete, as specified in paragraph 3 of the Proposed Scheduling Order, no later than January 18, 2019. 4. Plaintiff shall produce one or more privilege logs, in compliance with Local Civil Rule 26.2, no later than January 21, 2019. The log(s) shall identify all documents withheld or redacted on the basis of privilege both before and after the date of this Order. 5. The parties shall meet and confer, and shall attempt to resolve any remaining discovery disputes arising out of paragraphs 1-4 of the Proposed Scheduling Order, on the schedule set forth in paragraphs 5 and 6 thereof. The parties are not required to meet and confer concerning the issues identified in paragraph 7 of the Proposed Scheduling Order, as to which they have apparently agreed to disagree. As to disputes arising out of paragraphs 1-4 and identified by January 23, 2019: plaintiff may not raise any curative efforts undertaken after January 25, 2019 as a defense to a request by defendants for a fee award under Rule 37(a)(5) or Rule 37(b)(2)(C). 6. If the parties are unable to resolve some or all of their remaining disputes, defendants may file a single noticed motion, seeking appropriate relief, no later than January 31, 2019. Plaintiff's opposition shall be filed no later than February 14, 2019. Defendants' reply, if any, shall be filed no later than February 21, 2019. The formatting rules, page limitations, and related requirements set forth in Local Civil Rule 7.1(a) and II(F)(H) of Judge Moses's Individual Practices shall apply. The Court will hold a hearing on defendants' motion on February 27, 2019, at 10:00 a.m. in Courtroom 20A, 500 Pearl Street, New York, New York. 7. If defendants do not file a discovery motion, the parties shall file a joint letter, no later than February 1, 2019, proposing a schedule for the remainder of discovery. This Order resolves Dkt. Nos. 91 and 92. So ordered. Granting #92 JOINT LETTER MOTION for Extension of Time for Defendants to file a noticed discovery motion and for the imposition of interim deadlines, addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated January 4, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. Granting #91 JOINT LETTER MOTION for Extension of Time and Status of Discovery addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated January 2, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Motions due by 1/31/2019). (Signed by Magistrate Judge Barbara C. Moses on 1/8/2019) (rjm).

January 8, 2019

Set/Reset Deadlines: (Responses due by 2/14/2019. Replies due by 2/21/2019.) Set/Reset Hearings: (Oral Argument set for 2/27/2019 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (rjm)

January 4, 2019

Filing 92 JOINT LETTER MOTION for Extension of Time for Defendants to file a noticed discovery motion and for the imposition of interim deadlines, addressed to Magistrate Judge Barbara C. Moses from Laura K. O'Boyle dated January 4, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Text of Proposed Order -- [Proposed] Scheduling Order)(O'Boyle, Laura)

January 3, 2019

Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Telephone Conference held on 1/3/2019. (Snell, Kevin)

January 2, 2019

Filing 91 JOINT LETTER MOTION for Extension of Time and Status of Discovery addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated January 2, 2019. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(Snyder, Orin)

December 18, 2018

Filing 90 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Status Conference proceeding held on 12/10/2018 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.(vba)

December 18, 2018

Filing 89 TRANSCRIPT of Proceedings re: Status Conference held on 12/10/2018 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2019. Redacted Transcript Deadline set for 1/18/2019. Release of Transcript Restriction set for 3/18/2019.(vba)

December 11, 2018

Filing 88 ORDER: Defendants' Second Set of Interrogatories: Plaintiff shall supplement his responses to Interrogatories 5, 6, and 7 of Defendants' Second Set of Interrogatories, no later than December 18, 2018, to include the following information: a. Interrogatory No. 5: Plaintiff shall state the date ( as specifically as possible) on which he alleges that his loan to defendant Blink Health Ltd. (Blink) "automatically converted," and the event or events that caused it to convert, and as further set forth in this order. Motions due by 1/4/2019. Responses due by 1/18/2019. Replies due by 1/25/2019. (Signed by Magistrate Judge Barbara C. Moses on 12/11/2018) (jwh)

December 11, 2018

Filing 87 LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated December 11, 2018 re: #83 LETTER MOTION for Discovery / Rule 37(b) Sanctions addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated December 3, 2018. . Document filed by Michael Karsch. (Stern, Eric)

December 10, 2018

Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status Conference held on 12/10/2018. (Snell, Kevin)

December 6, 2018

Filing 86 LETTER addressed to Magistrate Judge Barbara C. Moses from Orin Snyder and Eric Stern dated December 6, 2018 re: discovery status and issues requiring judicial resolution. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Email, #2 Exhibit B - Email, #3 Exhibit C - Document Requests, #4 Exhibit D - Email, #5 Exhibit E - Email, #6 Exhibit F - Document Produced, #7 Exhibit G - Email, #8 Exhibit H - Email, #9 Exhibit I - Responses, #10 Exhibit J - Biographies, #11 Exhibit K - Article, #12 Exhibit L - Profile, Part 1, #13 Exhibit L - Profile, Part 2, #14 Exhibit L - Profile, Part 3, #15 Exhibit L - Profile, Part 4, #16 Exhibit M - Chart, #17 Exhibit N - Email, #18 Exhibit O - Email)(Snyder, Orin)

December 4, 2018

Filing 85 ORDER: Plaintiff's response to the Dec. 3 Letter would ordinarily be due on December 7, 2018. See Moses Ind. Prac. II(E). In the interest of efficiency, the Court hereby extends the time within which plaintiff and the Firm must respond to defendants' letter to December 11, 2018, on condition that, by the same date, plaintiff serve supplemental responses to the Interrogatories, and the Firm serve supplemental written responses to, and complete its document production in response to, the Subpoena. Defendants may then have three business days, until December 14, 2018, to submit their optional reply letter-brief, limited to the remaining deficiencies, if any, in the supplemental responses and the production. If plaintiff and the Firm do not supplement their responses to the Interrogatories and the Subpoena, their opposition to the Dec. 3 Letter will be due on December 7, 2018, and defendants' optional reply letter-brief will be due on December 11, 2018. And as set forth herein. SO ORDERED., ( Responses due by 12/7/2018, Replies due by 12/11/2018.) (Signed by Magistrate Judge Barbara C. Moses on 12/04/2018) (ama)

December 4, 2018

Filing 84 ORDER re: Letter Motion for Discovery. For the reasons stated above, plaintiff is awarded $12,048.75 for the time reasonably expended by Ms. Goeke in obtaining the Nov. 13 Order ($425 per hour times 40.5 hours times 70%) and $7,656.25 for the time reasonably expended by Ms. O'Boyle ($625 per hour times 17.5 hours times 70%), for a total of $19,705. Payment is to be made within thirty days of this Order. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 12/4/2018) (mro) (Main Document 84 replaced on 12/6/2018) (cf). Modified on 12/6/2018 (cf). Modified on 12/12/2018 (cf).

December 3, 2018

Filing 83 LETTER MOTION for Discovery / Rule 37(b) Sanctions addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated December 3, 2018. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Email, #2 Exhibit B - Interrogatories, #3 Exhibit C - Notice and Subpoena, #4 Exhibit D - Interrogatories, #5 Exhibit E - Responses and Objections, #6 Exhibit F - Redacted, #7 Exhibit G - Interrogatories)(Snyder, Orin)

November 30, 2018

Filing 82 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 11/12/2018 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.(aea)

November 30, 2018

Filing 81 TRANSCRIPT of Proceedings re: Discovery Hearing held on 11/12/2018 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 12/21/2018. Redacted Transcript Deadline set for 12/31/2018. Release of Transcript Restriction set for 2/28/2019.(aea)

November 28, 2018

Filing 80 REPLY re: #79 Response - Letter from Laura K. O'Boyle to Magistrate Judge Moses in Response to Plaintiff's Opposition to Fee Application. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (O'Boyle, Laura)

November 26, 2018

Filing 79 RESPONSE re: #75 Declaration in Support, . Document filed by Michael Karsch. (Stern, Eric)

November 21, 2018

Filing 78 ORDER granting #76 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. Plaintiff should not expect any further extensions. (Signed by Magistrate Judge Barbara C. Moses on 11/21/2018) (cf)

November 21, 2018

Filing 77 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated November 21, 2018 re: #76 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Barbara C. Moses from Eric R. Stern dated November 20, 2018. . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Email, #2 Exhibit B - Email)(Snyder, Orin)

November 21, 2018

Filing 76 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Barbara C. Moses from Eric R. Stern dated November 20, 2018. Document filed by Michael Karsch.(Stern, Eric)

November 19, 2018

Filing 75 DECLARATION of LAURA K. O'BOYLE in Support re: #72 Order, Set Deadlines/Hearings,,,,. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Rates and Tasks, #2 Exhibit B - Biographies)(Snyder, Orin)

November 19, 2018

Filing 74 ORDER granting #73 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. (Signed by Magistrate Judge Barbara C. Moses on 11/19/2018) (cf)

November 18, 2018

Filing 73 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Barbara C. Moses from Eric R. Stern dated November 18, 2018. Document filed by Michael Karsch.(Stern, Eric)

November 13, 2018

Filing 72 ORDER: The deadline to complete fact discovery, including fact depositions, is EXTENDED to January 31, 2019; The deadline to complete expert discovery is EXTENDED to March 29, 2019. The status conference previously scheduled for November 20, 2018 is ADJOURNED to December 10, 2018, at 9:00 a.m. ( Deposition due by 1/31/2019., Expert Discovery due by 3/29/2019., Fact Discovery due by 1/31/2019., Status Conference set for 12/10/2018 at 09:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 11/13/2018) (mro)

November 12, 2018

Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Hearing held on 11/12/2018. (Snell, Kevin)

November 8, 2018

Filing 71 LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated November 8, 2018 re: #63 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated October 29, 2018. . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Email, #2 Exhibit B - Email)(Snyder, Orin)

November 6, 2018

Filing 70 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Eric R. Stern dated November 6, 2018 re: #63 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated October 29, 2018. . Document filed by Michael Karsch. (Stern, Eric)

November 1, 2018

Filing 69 ORDER granting #67 Letter Motion to Adjourn Conference. The discovery conference before Judge Moses currently scheduled for November 8, 2018 at 11:00 a.m. is hereby adjourned to November 12, 2018 at 9:00 a.m. The deadline for plaintiff to file any opposition to defendants' letter-motion dated October 29, 2018 (Dkt. No. 63) is extended to November 6, 2018. The deadline for defendants to file any reply is extended to November 8, 2018. All other provisions of the court's Order Setting Briefing Schedule (Dkt. No. 65) remain in effect. The Clerk of Court is respectfully requested to close the letter-motion at Dkt. No. 67. Discovery Hearing set for 11/12/2018 at 09:00 AM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 11/1/2018) (mro)

November 1, 2018

Set/Reset Deadlines: Responses due by 11/6/2018 Replies due by 11/8/2018. (mro)

November 1, 2018

Filing 68 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated November 1, 2018 re: #67 FIRST LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Barbara C. Moses from Eric Stern dated November 1, 2018. . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Snyder, Orin)

November 1, 2018

Filing 67 FIRST LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Barbara C. Moses from Eric Stern dated November 1, 2018. Document filed by Michael Karsch. (Attachments: #1 Exhibit DF Refuse Consent)(Stern, Eric)

October 31, 2018

Filing 66 LETTER addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated October 31, 2018 re: supplement to letter-motion dated October 29, 2018 (Dkt. 63) pursuant to the Court's October 30, 2018 Order (Dkt. 65). Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Snyder, Orin)

October 30, 2018

Filing 65 ORDER SETTING BRIEFING SCHEDULE granting #63 Letter Motion for Local Rule 37.2 Conference.The Court has received and reviewed defendants letter-motion dated October 29, 2018. (Dkt. No. 63). A discovery conference before Judge Moses is hereby scheduled for November 8, 2018 at 11:00 a.m.No later than October 31, 2018, defendants shall supplement their letter-application with all of the information required by Part II.B of the Individual Practices of Magistrate Judge Barbara Moses (The letter-motion must succinctly set forth the basis of the dispute and the relief sought...) (emphasis added). No later than November 5, 2018, plaintiff shall file any opposition to defendants letter-motion. No later than November 7, 2018, defendants shall file any reply. These filings must conform this Courts Individual Practices. It is the Courts intent to rule on the disputes raised in the letter-motion based on the parties letter-briefs and such argument as may be presented at the conference, unless a party shows good cause why more formal briefing should be required. SO ORDERED. (Discovery Hearing set for 11/8/2018 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/30/2018) (jca)

October 30, 2018

Filing 64 NOTICE OF APPEARANCE by Justine Marie Goeke on behalf of Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Goeke, Justine)

October 30, 2018

Set/Reset Deadlines: Responses due by 11/5/2018, Replies due by 11/7/2018. (jca)

October 29, 2018

Filing 63 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated October 29, 2018. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit - A, #2 Exhibit - B, #3 Exhibit - C, #4 Exhibit - D, #5 Exhibit - E, #6 Exhibit - F, #7 Exhibit - G)(Snyder, Orin)

October 10, 2018

Filing 62 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL: IT IS HEREBY ORDERED that the motion of Alexander S. Zbrozek to withdraw as counsel for Blink Health Ltd., Geoffrey Chaiken, and Matthew Chaiken is granted, and Mr. Zbrozek's appearance is withdrawn as of the date of this Order. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 10/10/2018) (cf)

October 10, 2018

Filing 61 ORDER GRANTING #59 MOTION TO WITHDRAW AS COUNSEL. Attorney Alexander Steven Zbrozek terminated. Upon the Motion by Counsel for Blink Health Ltd., Geoffrey Chaiken, and Matthew Chaiken and the accompanying declaration of Alexander S. Zbrozek, IT IS HEREBY ORDERED that the motion of Alexander S. Zbrozek to withdraw as counsel for Blink Health Ltd., Geoffrey Chaiken, and Matthew Chaiken is granted, and Mr. Zbrozek's appearance is withdrawn as of the date of this Order. (Signed by Judge Victor Marrero on 10/10/2018) (js)

October 9, 2018

Filing 60 DECLARATION of ALEXANDER S. ZBROZEK in Support re: #59 MOTION for ALEXANDER S. ZBROZEK to Withdraw as Attorney .. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Zbrozek, Alexander)

October 9, 2018

Filing 59 MOTION for ALEXANDER S. ZBROZEK to Withdraw as Attorney . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Text of Proposed Order)(Zbrozek, Alexander)

September 14, 2018

Filing 58 ORDER granting #57 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED. The deadline to complete fact discovery, including fact depositions, shall be extended to December 7, 2018. The deadline to complete expert discovery, including expert depositions, shall be extended to February 28, 2019. The status conference scheduled for October 16, 2018 shall be adjourned to November 20, 2018, at 9:30 a.m. One week prior to that date, on November 13, 2018, the parties shall submit a joint status letter outlining the progress of discovery to date, as well as any settlement efforts. If no discovery controversies exist at that time, the parties may request that the conference be held telephonically. All other provisions of the Initial Case Management and Scheduling Order (Dkt. No. 42) remain in effect. Deposition due by 2/28/2019. (Signed by Magistrate Judge Barbara C. Moses on 9/14/2018) (cf)

September 14, 2018

Set/Reset Deadlines: (Expert Discovery due by 2/28/2019., Fact Discovery due by 12/7/2018.), Set/Reset Hearings: (Status Conference set for 11/20/2018 at 09:30 AM before Magistrate Judge Barbara C. Moses.) (cf)

September 13, 2018

Filing 57 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Laura Kathryn O'Boyle dated September 13, 2018. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(O'Boyle, Laura)

July 27, 2018

Filing 56 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 7/27/2018) (cf)

July 26, 2018

Filing 55 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone conference proceeding held on 7/10/2018 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.(rro)

July 26, 2018

Filing 54 TRANSCRIPT of Proceedings re: telephone conference held on 7/10/2018 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 8/16/2018. Redacted Transcript Deadline set for 8/27/2018. Release of Transcript Restriction set for 10/24/2018.(rro)

July 12, 2018

Filing 53 ORDER RE PROTOCOL AND PROTECTIVE ORDER: For the reasons stated above it is hereby ORDERED that: 1. Jonathan Sack, Esq. and the Firm shall not represent Jacoby in connection with this action and shall not engage in any discussions with Jacoby concerning this action except in the presence of the Court or counsel for defendants. 2. No later than the close of business on July 12, 2018, the Firm shall either (a) represent to defendants and the Court, in writing, that it did not obtain from Jacoby any documents concerning the topics listed in 2(a)(i)-(v) of defendants' proposed Protocol or (b) advise defendants and the Court, in writing, that it cannot or will not make such a representation. 3. The parties shall promptly meet and confer in good faith concerning their proposed Protective Order and shall submit a form of Protective Order to the Court, via the Orders and Judgments Clerk, no later than the close of business on July 17, 2018. If the parties cannot agree on a form of Protective Order they shall, by the same deadline,submit a single document to the Court by email in Word format (to Moses_NYSDChambers@nysd.uscourts.gov), redlined to show the differences between the two versions. (As further set forth in this Order.) (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 7/12/2018) (cf) (Main Document 53 replaced on 7/12/2018) (cf). Modified on 7/12/2018 (cf).

July 10, 2018

Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Telephone Conference held on 7/10/2018. (Snell, Kevin)

June 29, 2018

Filing 52 ORDER SCHEDULING TELEPHONIC CONFERENCE: A telephonic conference is hereby scheduled before Magistrate Judge Barbara Moses on Tuesday, July 10, 2018, at 9:30 a.m., to discuss the issues raised in the parties' letters dated June 18, June 22, and June 26, 2018 (Dkt. Nos. 48, 50, 51) regarding the terms of a protocol and protective order to govern the handling of any privileged and/or confidential materials disclosed to plaintiff's counsel by defendant Blink's former in-house counsel. Counsel for the parties are directed to call (212) 805-0228 at that time, with all attorneys on one line. If any party has an unavoidable scheduling conflict, that party's counsel must promptly telephone Judge Moses's courtroom deputy at (212) 805-0228 with two proposed alternative dates, acceptable to all counsel, for a morning telephonic conference. (As further set forth in this Order.) (Telephone Conference set for 7/10/2018 at 09:30 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 6/29/2018) (cf)

June 26, 2018

Filing 51 LETTER addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated June 26, 2018 re: document protocol pursuant to the Court's June 19, 2018 Order (Dkt. 49). Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit 1- Letter dated 6/12/18, #2 Exhibit 2- 6/15/18 Emails, #3 Exhibit 3- 6/18/18 Email, #4 Exhibit 4- 6/20/18 Email, #5 Exhibit 5- 6/22/18 Email from L. O'Boyle, #6 Exhibit 6- 6/22/18 Email from E. Stern)(Snyder, Orin)

June 22, 2018

Filing 50 LETTER addressed to Magistrate Judge Barbara C. Moses from Jonathan Sack dated 6/22/2018 re: Protocol. Document filed by Michael Karsch. (Attachments: #1 Exhibit June 18th Email to Orin Snyder)(Stern, Eric)

June 19, 2018

Filing 49 MEMO ENDORSEMENT on re: #48 Letter filed by Matthew Chaiken, Blink Health LTD, Geoffrey Chaiken. ENDORSEMENT: Plaintiff shall respond no later than Friday, June 22, 2018. Any reply shall be filed no later than Tuesday, June 26, 2018. The Court will then determine whether a conference is necessary. (Signed by Magistrate Judge Barbara C. Moses on 6/19/2018) (jwh)

June 18, 2018

Filing 48 LETTER addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated June 18, 2018 re: document protocol. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - Correspondence)(Snyder, Orin)

June 15, 2018

Filing 47 MEMO ENDORSEMENT: on re: #46 Letter filed by Matthew Chaiken, Blink Health LTD, Geoffrey Chaiken. ENDORSEMENT: Application GRANTED. See Fed. R. Civ P. 6. SO ORDERED., ( Amended Pleadings due by 6/18/2018., Joint Proposed Discovery due by 6/18/2018.) (Signed by Magistrate Judge Barbara C. Moses on 6/15/2018) (ama)

June 15, 2018

Filing 46 CONSENT LETTER addressed to Magistrate Judge Barbara C. Moses from Laura Kathryn O'Boyle dated June 15, 2018 re: Clarification of June 15, 2018 Order. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(O'Boyle, Laura)

June 15, 2018

Filing 45 ORDER The parties shall submit their proposed protective order no later than June 18, 2018. See Dkt. No. 42 paragraph 12. All other provisions of the Initial Case Management and Scheduling Order remain in effect. (Signed by Magistrate Judge Barbara C. Moses on June 15, 2018) (cdy)

June 8, 2018

Filing 44 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a initial pretrial conference proceeding held on 5/22/2018 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.(rro)

June 8, 2018

Filing 43 TRANSCRIPT of Proceedings re: initial pretrial conference held on 5/22/2018 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/29/2018. Redacted Transcript Deadline set for 7/9/2018. Release of Transcript Restriction set for 9/6/2018.(rro)

May 23, 2018

Filing 42 INITIAL CASE MANAGEMENT AND SCHEDULING ORDER: Defendants may file a counterclaim no later than 6/17/2018. Thereafter, the parties shall not amend their pleadings, or join additional parties, absent leave of the Court. Fact depositions due by 9/14/2018. Fact discovery due by 11/9/2018. Expert Discovery due by 11/30/2018. Expert deposition due by 1/31/2019. All discovery due by 1/31/2019. Status Conference set for 10/16/2018 at 09:30 AM before Magistrate Judge Barbara C. Moses. Summary judgment motions, if any (or, if required by the district judge, pre-motion conference letters with respect to summary judgment) shall be filed no later than 30 days after the close of discovery. Summary judgment motion papers shall conform to the individual practices of the district judge. The parties proposed joint pretrial order shall be filed no later than 30 days after the close of discovery, unless there are summary judgment motion(s), in which case the joint pretrial order shall be filed no later than 30 days after the decision on the motion(s). The proposed joint pretrial order shall conform to the individual practices of the district judge. The parties have stated that the anticipated length of trial is five days. The parties have requested a jury trial. (Signed by Magistrate Judge Barbara C. Moses on 5/23/2018) (ne) Modified on 8/13/2018 (ne).

May 22, 2018

Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Initial Pretrial Conference held on 5/22/2018. (Snell, Kevin)

May 11, 2018

Filing 41 ORDER: Due to a conflict with the Court's calendar, the initial case management conference previously scheduled for May 17, 2018, is adjourned to May 22, 2018, at 10:00 a.m. If any party has an unavoidable scheduling conflict with that date, that party's counsel must promptly telephone Judge Moses's courtroom deputy at (212) 805-0228 with two proposed alternative dates, acceptable to all counsel, for a morning conference. All other provisions of the Order Scheduling Initial Case Management and Scheduling Conference (Dkt. No. 36) remain in effect. So Ordered. (Initial Conference set for 5/22/2018 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 5/11/18) (yv)

May 10, 2018

Filing 40 JOINT PRE-CONFERENCE STATEMENT . Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(Snyder, Orin)

May 10, 2018

Filing 39 NOTICE OF APPEARANCE by Alexander Steven Zbrozek on behalf of Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Zbrozek, Alexander)

May 10, 2018

Filing 38 NOTICE OF APPEARANCE by Laura Kathryn O'Boyle on behalf of Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (O'Boyle, Laura)

April 24, 2018

Filing 37 STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL FOR DEFENDANTS BLINK HEALTH LTD., GEOFFREY CHAIKEN, AND MATTHEW CHAIKEN: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that Gibson, Dunn & Crutcher LLP is hereby substituted for Paul, Weiss, Rifkind, Wharton & Garrison LLP as attorneys for Defendants Blink Health Ltd., Geoffrey Chaiken, and Matthew Chaiken in the above-captioned matter. All notices required to be given and all papers filed or served in these actions should henceforth be served upon counsel at the address set forth for incoming counsel. A supporting declaration pursuant to Local Civil Rule 1.4 is being submitted herewith. Attorney Andrew James Ehrlich terminated. Attorney Orin Snyder added. (Signed by Judge Victor Marrero on 4/23/2018) (ap)

March 28, 2018

Filing 36 REVISED ORDER SCHEDULING INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE granting #35 Letter Motion to Adjourn Conference. It is hereby ORDERED that the initial case management conference, previously scheduled for April 17, 2018, before the undersigned, is ADJOURNED to May 17, 2018 at 10 A.M. in Courtroom 20A, 500 Pearl Street, New York, New York. (As further set forth in this Order.) Initial Conference set for 5/17/2018 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 3/28/2018) (cf)

March 27, 2018

Filing 35 CONSENT LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Barbara C. Moses from Orin Snyder dated March 27, 2018. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Text of Proposed Order - [Proposed] Revised Scheduling Order)(Snyder, Orin)

March 27, 2018

Filing 34 NOTICE OF APPEARANCE by Orin Snyder on behalf of Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Snyder, Orin)

March 9, 2018

Filing 33 SCHEDULING INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE: Initial Conference set for 4/17/2018 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (As further est forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 3/9/2018) (cf)

March 7, 2018

Filing 32 LETTER addressed to Magistrate Judge Barbara C. Moses from Eric R. Stern dated March 7, 2018 re: Reply to Defendants' Letter of March 5. Document filed by Michael Karsch.(Stern, Eric)

March 5, 2018

Filing 31 LETTER addressed to Magistrate Judge Barbara C. Moses from Andrew J. Ehrlich dated 3/5/18 re: Response to Plaintiff's 2/27/18 Letter. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken.(Ehrlich, Andrew)

March 5, 2018

Filing 30 MEMO ENDORSEMENT: on re: #27 Letter filed by Michael Karsch. ENDORSEMENT: The parties are directed to address the matter set forth above to Magistrate Judge Barbara Moses, to whom this dispute has been referred for resolution, as well as for supervision of remaining pretrial proceedings, establishing case management schedules as necessary, and settlement. (Signed by Judge Victor Marrero on 3/5/2018) (ap)

March 5, 2018

Filing 29 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Victor Marrero on 3/5/2018) (ap)

March 5, 2018

Filing 28 NOTICE OF INITIAL CONFERENCE: Initial Conference set for 4/13/2018 at 3:15 PM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero, and as further set forth in this order. (Signed by Judge Victor Marrero on 3/1/2018) (ap)

February 27, 2018

Filing 27 LETTER addressed to Judge Victor Marrero from Eric R. Stern dated February 27, 2018 re: Opposition to Defendants' Application to Disqualify. Document filed by Michael Karsch.(Stern, Eric)

February 21, 2018

Filing 26 ENDORSED LETTER: addressed to Judge Victor Marrero, from Eric R. Stern, dated February 21, 2018, re: Extension of time. ENDORSEMENT: Request GRANTED. (Signed by Judge Victor Marrero on 2/21/2018) (ap)

February 21, 2018

Filing 25 ENDORSED LETTER: addressed to Judge Victor Marrero, from Andrew J. Ehrlich, dated February 16, 2018, re: Concerns. ENDORSEMENT: Plaintiff is directed to respond by 2-23-18, by letter not to exceed eight (8) pages, to the matter set forth above by defendants. (Signed by Judge Victor Marrero on 2/21/2018) (ap)

February 20, 2018

Filing 24 AMENDED ANSWER to #1 Complaint,, with JURY DEMAND. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit - A TEL Term Sheet)(Ehrlich, Andrew)

February 15, 2018

Filing 23 ANSWER to #1 Complaint,, with JURY DEMAND. Document filed by Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Attachments: #1 Exhibit A - TEL Term Sheet)(Ehrlich, Andrew)

January 18, 2018

Filing 22 ENDORSED LETTER: addressed to Judge Victor Marrero, from Andrew J. Ehrlich, dated January 16, 2018, re: Extension of time. ENDORSEMENT: Request GRANTED. The time for defendant(s) to answer or otherwise move with respect to the complaint in this action is extended to 2-15-18., Blink Health LTD answer due 2/15/2018; Geoffrey Chaiken answer due 2/15/2018; Matthew Chaiken answer due 2/15/2018. (Signed by Judge Victor Marrero on 1/17/2018) (ap)

January 11, 2018

Filing 21 DECISION AND ORDER: For the reasons described above, as well as those conveyed to the parties during three telephone conferences, it is hereby ORDERED that the motion (Dkt. Nos. 15, 19, 20) of defendants Blink Health Ltd., Geoffrey Chaiken, and Matthew Chaiken to dismiss counts I, II, III, IV, VI, VII, VIII, IX, X, and XI of plaintiff Michael Karsch's complaint (Dkt. No. 1) pursuant to Rule 12 (b) (6) of the Federal Rules of Civil Procedure is DENIED. (Signed by Judge Victor Marrero on 1/11/2018) (ap)

January 5, 2018

Filing 20 ENDORSED LETTER addressed to Judge Victor Marrero from Andrew J. Ehrlich dated 11/24/17 re: During the November 17 telephone conference, Your Honor directed us, on behalf of our clients Blink Health Ltd., Geoffrey Chaiken and Matthew Chaiken (collectively, the "Defendants"), to submit a letter to the Court in further support of our request to file a motion to dismiss Plaintiff's non-contract claims that have not been the subject of our prior letters, which identified the principal bases for the requested motion and certain supporting authorities. In this letter, we provide numerous additional legal authorities further showing that each basis for dismissal of all such claims is fully warranted by established Second Circuit and Southern District case law. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. (Signed by Judge Victor Marrero on 1/5/2018) (mro)

January 5, 2018

Filing 19 ENDORSED LETTER addressed to Judge Victor Marrero from Andrew J. Ehrlich dated 10/30/17 re: We suggest that the parties meet and confer promptly to propose (i) an agreed schedule for briefing on the Defendants' motion to dismiss and (ii) pursuant to Rule 16, confer and propose a scheduling order concerning discovery and other pretrial deadlines. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant. (Signed by Judge Victor Marrero on 1/5/2018) (mro)

January 5, 2018

Filing 18 ENDORSED LETTER addressed to Judge Victor Marrero from Jonathan Sack dated 7/20/17 re: Attached please find a letter sent to Andrew J. Ehrlich, Esq. of Paul, Weiss, Rifkind, Wharton & Garrison LLP in the above-referenced matter. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 1/5/2018) (mro)

November 17, 2017

Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 11/17/2017. Jonathan Sack present for plaintiff Michael Karsch. Andrew Ehrlich and Gregory Laufer present for defendants Blink Health LTD, Geoffrey Chaiken, and Matthew Chaiken. Defendants to submit a letter, not to exceed three (3) pages, to the Court regarding potential motion to dismiss by Friday, November 24, 2017. (JW)

November 8, 2017

Filing 17 NOTICE OF CONFERENCE: Telephone Conference set for 11/17/2017 at 4:00 PM before Judge Victor Marrero, and as further set forth in this order. (Signed by Judge Victor Marrero on 11/8/2017) (ap)

October 23, 2017

Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 10/23/2017. Jonathan Sack present for plaintiff Michael Karsch. Andrew Ehrlich present for defendants Blink Health LTD, Geoffrey Chaiken, and Matthew Chaiken. Defendants to notify Court regarding intent to file motion to dismiss by Friday, October 27, 2017. (LZ)

September 15, 2017

Filing 16 ENDORSED LETTER: addressed to Judge Victor Marrero, from Jonathan Sack, dated September 14, 2017, re: Opposition. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 9/14/2017) (ap)

September 11, 2017

Filing 15 ENDORSED LETTER: addressed to Judge Victor Marrero, from Andrew J. Ehrlich, dated September 11, 2017, re: Response to Complaint. ENDORSEMENT: Plaintiff is directed to respond by 9/14/17, by letter not to exceed three (3) pages, to the matter set forth above by defendant. Upon review of the response the Court may schedule a conference and provide further guidance as to whether motion practice would be warranted. (Signed by Judge Victor Marrero on 9/11/2017) (ap)

September 6, 2017

Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 9/6/2017. Jonathan Sack and Eric Stern present for plaintiff Michael Karsch. Andrew Ehrlich and James Borod present for defendants Blink Health LTD, Geoffrey Chaiken, and Matthew Chaiken. Defendants to submit letter to Court regarding potential motion to dismiss by Monday, September 11, 2017. (LZ)

August 9, 2017

Filing 14 NOTICE OF CONFERENCE: Telephone Conference set for 9/6/2017 at 2:00 PM before Judge Victor Marrero, and as further set forth in this order. (Signed by Judge Victor Marrero on 8/9/2017) (ap)

August 4, 2017

Filing 13 ENDORSED LETTER: addressed to Judge Victor Marrero, from Jonathan Sack, dated August 3, 3017, re: Opposition. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 8/4/2017) (ap)

July 27, 2017

Filing 12 ENDORSED LETTER: addressed to Judge Victor Marrero, from Andrew J. Ehrlich, dated July 26, 2017, re: Briefing Schedule. ENDORSEMENT: Plaintiff is directed to respond by 8-3-17, by letter not to exceed three (3) pages, to the matter set forth above by defendants. (Signed by Judge Victor Marrero on 7/27/2017) (ap)

July 5, 2017

Filing 11 ENDORSED LETTER: addressed to Judge Victor Marrero, from Eric R. Stern, dated July 5, 2017, re: Extension of time. ENDORSEMENT: Request GRANTED. The time for defendant(s) to answer or otherwise move with respect to the complaint in this action is extended 7-26-17. (Signed by Judge Victor Marrero on 7/5/2017) (ap)

June 27, 2017

Filing 10 ENDORSED LETTER: addressed to Jonathan S. Sack, Esq., from Andrew J. Ehrlich, dated June 26, 2017, re: Dismissal of Plaintiff's Complaint. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. (Signed by Judge Victor Marrero on 6/27/2017) (ap)

June 12, 2017

Filing 9 ENDORSED LETTER: addressed to Judge Victor Marrero, from Jonathan Sack, Esq., dated June 7, 2017, re: Letter in Opposition. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 6/12/2017) (ap)

June 12, 2017

Filing 8 ENDORSED LETTER: addressed to Judge Victor Marrero, from Andrew J. Ehrlich, dated June 6, 2017, re: Division of Business. ENDORSEMENT: Request DENIED. The Court is not persuaded that a transfer of this case to Judge Woods under the circumstances described above would satisfy the criteria governing related cases as set forth in Rule 13 of this Court's Rules for the Division of Business. (Signed by Judge Victor Marrero on 6/12/2017) (ap)

June 5, 2017

Filing 7 ENDORSED LETTER: addressed to Judge Victor Marrero, from Andrew J. Ehrlich, dated June 5, 2017, re: Extension of time to Answer. ENDORSEMENT: Request GRANTED. The time for defendant(s) to answer or otherwise move with respect to the complaint in this action is extended to 7-13-17. Blink Health LTD answer due 7/13/2017; Geoffrey Chaiken answer due 7/13/2017; Matthew Chaiken answer due 7/13/2017. (Signed by Judge Victor Marrero on 6/5/2017) (ap)

May 25, 2017

Filing 6 NOTICE OF APPEARANCE by James Hudson Borod on behalf of Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Borod, James)

May 25, 2017

Filing 5 NOTICE OF APPEARANCE by Gregory Frederick Laufer on behalf of Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Laufer, Gregory)

May 25, 2017

Filing 4 NOTICE OF APPEARANCE by Andrew James Ehrlich on behalf of Blink Health LTD, Geoffrey Chaiken, Matthew Chaiken. (Ehrlich, Andrew)

May 24, 2017

***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan Scott Sack. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (kl)

May 24, 2017

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan Scott Sack. The party information for the following party/parties has been modified: Blink Health LTD (f/k/a Chaiken Holdings LLC and Vital Matters LLC). The information for the party/parties has been modified for the following reason/reasons: alias party name was added. (kl)

May 24, 2017

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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)

May 24, 2017

Magistrate Judge Barbara C. Moses 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)

May 24, 2017

Case Designated ECF. (kl)

May 23, 2017

Filing 3 NOTICE OF APPEARANCE by Eric Robert Stern on behalf of Michael Karsch. (Stern, Eric)

May 23, 2017

Filing 2 CIVIL COVER SHEET filed. (Sack, Jonathan)

May 23, 2017

Filing 1 COMPLAINT against Blink Health LTD (f/k/a Chaiken Holdings LLC and Vital Matters LLC), Geoffrey Chaiken, Matthew Chaiken. (Filing Fee $ 400.00, Receipt Number 0208-13697823)Document filed by Michael Karsch. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M)(Sack, Jonathan)

Search for this case: Karsch v. Blink Health LTD et al
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Defendant: Blink Health LTD (f/k/a Chaiken Holdings LLC and Vital Matters LLC)
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Defendant: Geoffrey Chaiken
Represented By:	Grace Elizabeth Hart
Represented By:	Alexander Steven Zbrozek
Represented By:	Gregory Frederick Laufer
Represented By:	James Hudson Borod
Represented By:	Orin Snyder
Represented By:	Justine Marie Goeke
Represented By:	Andrew James Ehrlich
Represented By:	Laura Kathryn O'Boyle
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Defendant: Matthew Chaiken
Represented By:	Grace Elizabeth Hart
Represented By:	Alexander Steven Zbrozek
Represented By:	Gregory Frederick Laufer
Represented By:	James Hudson Borod
Represented By:	Orin Snyder
Represented By:	Justine Marie Goeke
Represented By:	Andrew James Ehrlich
Represented By:	Laura Kathryn O'Boyle
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Defendant: Blink Health LTD
Represented By:	Grace Elizabeth Hart
Represented By:	Alexander Steven Zbrozek
Represented By:	Gregory Frederick Laufer
Represented By:	James Hudson Borod
Represented By:	Orin Snyder
Represented By:	Justine Marie Goeke
Represented By:	Andrew James Ehrlich
Represented By:	Laura Kathryn O'Boyle
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Defendant: Chaiken Holdings LLC and Vital Matters LLC
Represented By:	Grace Elizabeth Hart
Represented By:	Alexander Steven Zbrozek
Represented By:	Gregory Frederick Laufer
Represented By:	James Hudson Borod
Represented By:	Orin Snyder
Represented By:	Justine Marie Goeke
Represented By:	Andrew James Ehrlich
Represented By:	Laura Kathryn O'Boyle
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Plaintiff: Michael Karsch
Represented By:	Eric Robert Stern
Represented By:	Jonathan Scott Sack
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