Desvarieux v. Axiom Holdings, Inc. et al
| Ashley Desvarieux |
| Axiom Holdings, Inc. and Curtis Riley |
| 1:2017cv04756 |
| June 22, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Laura Taylor Swain |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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Filing
113
ORDER for 111 REPORT AND RECOMMENDATION: re: 1 Complaint filed by Ashley Desvarieux. The Court therefore adopts the Report and Recommendation in its entirety and enters judgment for Plaintiffs in the amount of $1,420,000, plus pre- an d post-judgment interest from June 19, 2017 to the date judgment is to be satisfied, calculated at the rate set forth in 28 U.S.C. § 1961(a). The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge John P. Cronan on 5/26/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.
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Filing
102
ORDER: By order dated May 5, 2021, the Court preliminarily approved the voluntary dismissal of claims against Defendant Curtis Riley without prejudice, subject to further consideration at a hearing pursuant to Rule 23(e) of the Federal Rules of Ci vil Procedure, which was held on November 16, 2021 ("Rule 23(e) Hearing"). For reasons stated on the record during the Rule 23(e) Hearing, Defendant Curtis Riley is dismissed from this action with prejudice. The Clerk of Court is respectfully ordered to terminate Defendant Curtis Riley from this action. SO ORDERED. Curtis Riley terminated. (Signed by Judge John P. Cronan on 11/16/2021) (jca)
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Filing
100
ORDER: The conference scheduled for November 16, 2021 at 10:00 a.m. will be held in Courtroom 12D of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007. SO ORDERED. (Signed by Judge John P. Cronan on 11/2/2021) (jca)
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Filing
95
ORDER APPROVING ESTABLISHING PROGRAM AND SCHEDULE FOR CLASS NOTICE. IT IS HEREBY ORDERED, this 5 day of May, 2021, that: The Court approves the form, substance, and requirements of (a) the Notice of (I) Pendency and Certification of Class Action; (II ) Entry of Default Judgment Against Axiom Holdings, Inc. on the Issue of Liability; and (III) Proposed Voluntary Dismissal of Claims against Defendant Curtis Riley, attached to Plaintiffs' Response as Exhibit B (the "Long Notice"), (b) the Summary Notice of (I) Pendency and Certification of Class Action; (II) Entry of Default Judgment Against Axiom Holdings, Inc. on the Issue of Liability; and (III) Proposed Voluntary Dismissal of Claims against Defendant Curtis Riley, attached to Plaintiffs' Response as Exhibit C (the "Summary Notice"), and (c) the Postcard Notice of (I) Pendency and Certification of Class Action; (II) Entry of Default Judgment Against Axiom Holdings, Inc. on the Issue of Liability; and (III) Proposed Voluntary Dismissal of Claims against Defendant Curtis Riley, attached to Plaintiffs' Response as Exhibit D (the "Postcard Notice"). Strategic Claims Services ("SCS") is appointed and approved as the Notice Administr ator to supervise and administer the notice procedure as well as the processing of exclusions. Pomerantz LLP ("Class Counsel") may employ SCS as notice administrator (the "Notice Administrator"), to assist in the providing of clas s notice, and as further specified and set forth herein. The Court hereby preliminarily approves the voluntary dismissal of claims against Defendant Curtis Riley without prejudice, subject to further consideration at a hearing("Hearing") pu rsuant to Federal Rule of Civil Procedure 23(e), which is hereby scheduled to be held before the Court on November 16, 2021 at 10:00 a.m., and as further specified and set forth in this ORDER APPROVING ESTABLISHING PROGRAM AND SCHEDULE FOR CLASS NOTICE. It is so ordered. Granting 79 Motion for Default Judgment. (Signed by Judge John P. Cronan on 5/5/2021) (rjm). Modified on 5/7/2021 (rjm).
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Filing
91
ORDER: For the reasons stated on the record during the February 23, 2021 hearing, the Court grants Plaintiff's motion for default judgment as to Axiom on liability. (Dkt. 88.) The Court will reserve decision on damages until after the Judgmen t Class has been notified of the proposed dismissal of the claims as to Riley, the class certification in this action, and the Court's ruling on Axiom's liability. For the reasons stated on the record during the February 23, 2021 hearin g, the Court grants Plaintiff's motion for default judgment as to Axiom on liability. (Dkt. 88.) The Court will reserve decision on damages until after the Judgment Class has been notified of the proposed dismissal of the claims as to Riley, the class certification in this action, and the Court's ruling on Axiom's liability. (Signed by Judge John P. Cronan on 3/11/2021) (nb)
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Filing
70
NOTICE OF REASSIGNMENT. This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any currently scheduled conference or oral argument before this Court is adjourned pending further order of this Court, but any conference or oral argument before the Magistrate Judge will proceed as ordered. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan, and as further set forth in this Order. So ordered. (Signed by Judge John P. Cronan on 10/8/2020) (rjm)
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Filing
67
ORDER AUTHORIZING DEFAULT JUDGMENT MOTION: This matter having been commenced by the filing of a complaint on June 22, 2020, and the defendant Axiom Holdings, Inc., having failed to interpose a timely answer to the complaint or otherwise move in this proceeding, and the plaintiff having sought permission to move for a default judgment against defendant Axiom Holdings, Inc., and the Court having determined that an investigation of the factual basis of the allegations of the complaint herein pursua nt to Fed. R. Civ. P. 55(b)(2) is appropriate, it is hereby ORDERED, that the plaintiff may make a motion for a default judgment; and it is further ORDERED, that the plaintiff's motion must be accompanied by evidence, in admissible form, of such facts as it would have proffered to meet its burden of proof on its direct case had a trial been held in this action; and it is further ORDERED, that such motion for default judgment must be served on the defendants and must be accompanied by copies of the Clerk's Certificate and of proof of service of the summons and complaint and the motion for default judgment as provided by the undersigned's Individual Practices Rules; and it is further ORDERED, that said motion shall be briefed i n accordance with the schedule set forth in Local Civil Rule 6.1 and will be taken on submission unless otherwise directed by the Court; and it is further ORDERED, that plaintiff must serve a copy of this Order on defendants and file proof of such service within fourteen (14) days from the date hereof. (Signed by Judge Laura Taylor Swain on 7/07/2020) (ama)
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