Lupinacci v. Josephson et al
Plaintiff: Ernest Lupinacci
Defendant: Susan Adler, 1ON1, LLC, DREAMMAKERS MEDIA, LLC and SUSAN JOSEPHSON
Case Number: 1:2017cv08631
Filed: November 7, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: J Paul Oetken
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 25, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 25, 2018 Filing 18 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) 1ON1, LLC, Dreammakers Media, LLC, Susan Josephson. Document filed by Ernest Lupinacci. (Spiro, Alexander)
May 25, 2018 Filing 17 NOTICE OF APPEARANCE by Alexander Benjamin Spiro on behalf of Ernest Lupinacci. (Spiro, Alexander)
May 15, 2018 Opinion or Order Filing 16 ORDER: Service in this case was due April 27, 2018, but the docket reflects that Plaintiff has not served Defendants. Plaintiff is directed to advise the Court in writing why he has failed to serve the summons and complaint on Defendants within the allotted time, or, if Defendants have been served, when and in what manner such service was made. If no written communication is received by May 25, 2018, showing good cause why such service was not made, the Court will dismiss the case. SO ORDERED (Signed by Judge J. Paul Oetken on 5/15/2018) (ama)
April 30, 2018 NOTICE: PLAINTIFF IS REMINDED THAT SERVICE WAS DUE ON APRIL 27, 2018. (bh)
March 13, 2018 Opinion or Order Filing 15 ORDER granting #14 Letter Motion for Extension of Time to Amend. GRANTED. PLAINTIFF SHALL SERVE DEFENDANT NO LATER THAN APRIL 27, 2018. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
March 9, 2018 Filing 14 LETTER MOTION for Extension of Time to Amend addressed to Judge J. Paul Oetken from Brian C. Pascale dated 03/09/2018. Document filed by Ernest Lupinacci.(Pascale, Brian)
March 5, 2018 NOTICE: PLAINTIFF IS REMINDED THAT SERVICE WAS DUE ON FEBRUARY 7, 2017. (bh)
December 1, 2017 Opinion or Order Filing 13 ORDER granting #12 Letter Motion for Extension of Time to Amend. GRANTED. PLAINTIFF HAS ADEQUATELY DEMONSTRATED THAT THIS COMPLAINT SHOULD NOT BE DISMISSED AT THIS POINT FOR LACK OF SUBJECT MATTER JURISDICTION. PLAINTIFF IS DIRECTED TO FILE AN AMENDED COMPLAINT ONCE IT ASCERTAINS THE IDENTITIES AND STATES OF RESIDENCE OF ALL MEMBERS OF LLC DEFENDANTS. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
November 29, 2017 Filing 12 LETTER MOTION for Extension of Time to Amend #7 Complaint addressed to Judge J. Paul Oetken from Brian C. Pascale dated Nov. 29, 2017. Document filed by Ernest Lupinacci. (Attachments: #1 Exhibit Exhibit 1 Amended Complaint, #2 Exhibit Exhibit 2 CA Statement of Information, #3 Exhibit Exhibit 3 Certificate of Formation and Amendment)(Pascale, Brian)
November 9, 2017 Filing 11 ELECTRONIC SUMMONS ISSUED as to 1ON1, LLC, Dreammakers Media, LLC, Susan Josephson. (vf)
November 8, 2017 Opinion or Order Filing 10 ORDER: Therefore, Plaintiff shall, on or before November 29, 2017, either (1) show cause as to why its complaint should not be dismissed for lack of subject matter jurisdiction, or (2) move to file an amended complaint that properly pleads jurisdiction. If Plaintiff fails to do so, this action may be dismissed. (Signed by Judge J. Paul Oetken on 11/8/2017) (mml)
November 8, 2017 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Susan Josephson, Dreammakers Media, LLC, 1ON1 LLC, re: #7 Complaint. Document filed by Ernest Lupinacci. (Pascale, Brian)
November 8, 2017 Filing 8 CIVIL COVER SHEET filed. (Pascale, Brian)
November 8, 2017 Filing 7 COMPLAINT against 1ON1, LLC, Dreammakers Media, LLC, Susan Josephson. Document filed by Ernest Lupinacci.(Pascale, Brian)
November 8, 2017 Filing 6 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Susan Josephson. Document filed by Ernest Lupinacci.(Pascale, Brian) Modified on 11/8/2017 (laq).
November 8, 2017 Filing 5 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - - COMPLAINT against Dreammakers Media, LLC. Document filed by Ernest Lupinacci.(Pascale, Brian) Modified on 11/8/2017 (laq).
November 8, 2017 Filing 4 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - - COMPLAINT against 1ON1, LLC. Document filed by Ernest Lupinacci.(Pascale, Brian) Modified on 11/8/2017 (laq).
November 8, 2017 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brian Curtis Pascale to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (kl)
November 8, 2017 ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Brian Curtis Pascale. The following party/parties has been removed from this case: Susan Adler. The party was added to the case in error. (kl)
November 8, 2017 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brian Curtis Pascale. The party information for the following party/parties has been modified: SUSAN JOSEPHSON. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted. (kl)
November 8, 2017 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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)
November 8, 2017 Magistrate Judge James L. Cott 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)
November 8, 2017 Case Designated ECF. (kl)
November 8, 2017 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Brian Curtis Pascale to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): Susan Adler IS NOT A PARTY. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (kl)
November 7, 2017 Filing 3 CIVIL COVER SHEET filed. (Pascale, Brian)
November 7, 2017 Filing 2 FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTY NAME ERROR REQUEST FOR ISSUANCE OF SUMMONS as to SUSAN JOSEPHSON, SUSAN ADLER, DREAMMAKERS MEDIA, LLC, 1ON1,LLC, re: #1 Complaint. Document filed by Ernest Lupinacci. (Pascale, Brian) Modified on 11/8/2017 (kl).
November 7, 2017 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-14337565)Document filed by Ernest Lupinacci.(Pascale, Brian) Modified on 11/8/2017 (kl).

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Defendant: Susan Adler
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Defendant: 1ON1, LLC
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Defendant: DREAMMAKERS MEDIA, LLC
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Defendant: SUSAN JOSEPHSON
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Plaintiff: Ernest Lupinacci
Represented By: Brian Curtis Pascale
Represented By: Alexander Benjamin Spiro
Represented By: Brian C Pascale
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