Khurana v. Wahed Invest, LLC et al
| Harsh Khurana |
| Wahed Invest, LLC, Wahed Inc. and Junaid Wahedna |
| 1:2018cv00233 |
| January 11, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lewis A. Kaplan |
| Barbara C. Moses |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
76
MEMORANDUM AND ORDER terminating 69 Letter Motion for Local Rule 37.2 Conference; granting 75 Letter Motion for Discovery. No conference is required as to either dispute. Consequently, the parties' November 12, 2020 letter-application, w hich the Court construes as a request by plaintiff for an order compelling defendants to conduct plaintiff's deposition remotely within the current deposition schedule, is GRANTED. The Clerk of Court is respectfully directed to close Dkt. Nos. 69 and 75. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 11/16/2020) (cf)
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Filing
68
ORDER: The parties shall complete the depositions of Harsh Khurana and Junaid Wahedna no later than October 31, 2020. The deadline for completion of all remaining discovery, including depositions, is EXTENDED to December 31, 2020. The settlement c onference currently scheduled for October 13, 2020 at 2:15 p.m.is ADJOURNED to November 11, 2020 at 2:00 p.m. In light of the pandemic,the attendance requirements are modified as follows: All attendees may participate in the settlement conference t elephonically, using the Court's teleconferencing facilities. The parties are directed to call (888) 557-8511 on their scheduled date, a few minutes before their scheduled time, and enter (a)the access code 7746387 and (b) the security code t hat the Court will provide to you, by email, on receipt of all parties' confidential settlement letters. (As further set forth in this Order.) (Deposition due by 12/31/2020., Discovery due by 12/31/2020., Telephone Conference set for 11/11/2020 at 02:00 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 9/24/2020) (cf)
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Filing
65
ORDER: Due to a conflict on the Court's calendar, the status conference scheduled for September 14, 2020, at 10:00 a.m. is ADJOURNED to September 24, 2020, at 10:00 a.m. The parties shall submit their joint status letter, pursuant to the Court's March 11 Order (Dkt. No. 61), no later than September 17, 2020. (Status Conference set for 9/24/2020 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 8/25/2020) (cf)
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Filing
64
STIPULATED 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 6/15/2020) (cf)
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Filing
62
ORDER: The President of the United States has declared a national emergency due to the spread of the COVID-19 virus, and the Centers for Disease Control have noted that the best way to prevent illness is to minimize person-to-person con tact. In order to protect public health while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, 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, videoconference, 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 avoidan ce 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 othe r 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 completi on of fact depositions, fact discovery, expert depositions, expert discovery, and/or all discovery are hereby EXTENDED for a period of 30 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. (Signed by Magistrate Judge Barbara C. Moses on 3/17/2020) (mro)
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Filing
60
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on October 13, 2020, at 2:15 p.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. (As further set forth in this Order.) Neit her the scheduling of a settlement conference nor any adjournment affects the parties' other litigation deadlines or obligations. (Settlement Conference set for 10/13/2020 at 02:15 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 3/11/2020) (cf)
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Filing
52
ORDER adopting 48 Report and Recommendations, 39 Motion to Dismiss filed by Wahed Inc., Wahed Invest, LLC, Junaid Wahedna. Magistrate Judge Barbara Moses has rendered a well considered report and recommendation in which she recommend s that defendants' motion to dismiss the second amended complaint (Dkt. 39) be granted in part and denied in part. Defendants' objections are little if anything more than repetitions of arguments soundly rejected in the report and re commendation. They are overruled. Accordingly, defendants' motion to dismiss the second amended complaint and for other relief (Dkt 39) is granted to the extent that (a) Count II is dismissed without prejudice to plaintiffs right to request (or defendants' right to oppose) the remedy of specific performance in connection with plaintiff's surviving contract claim, (b) Count III is dismissed with prejudice, and (c) paragraphs 26-28, and paragraph 47 on page 13 of the second amended complaint are stricken. (Signed by Judge Lewis A. Kaplan on 1/22/2020) (mro)
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Filing
34
ORDER: Magistrate Judge Barbara Moses has rendered a well considered report and recommendation in which she recommends that defendants' motion to dismiss: (1) Counts I-IV should be granted with leave to an1end, (2) Count V should be granted with prejudice, and (3) Count VI should be granted with leave to amend and re-file only after plaintiff has complied with NYLL § 215(2). Plaintiff filed a statement of non-objection to the report and recommendation in which he requests 3 5 days t o amend his pleading. The Court adopts the report and recommendation in full. Plaintiff shall file, if he so chooses, an amended complaint consistent with this order on or before May 6, 2019. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/29/2019) (jca)
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