American E Group LLC v. LiveWire Ergogenics Inc.
Plaintiff: American E Group LLC
Defendant: LiveWire Ergogenics Inc.
Case Number: 1:2018cv03969
Filed: May 3, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Gregory H. Woods
Nature of Suit: Recovery of Overpayment and Enforcement of Judgment
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
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Date Filed Document Text
July 12, 2021 Opinion or Order Filing 270 CLERK'S JUDGMENT re: 269 Order, in favor of LiveWire Ergogenics Inc., Bill Hodson against American E Group LLC. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated July8, 2021, judgment is entered in favor of Defendants with regard to Plaintiff's claims and the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/12/2021) (Attachments: # 1 Notice of Right to Appeal) (dt)
January 29, 2020 Opinion or Order Filing 230 CLERK'S JUDGMENT re: 228 Memorandum & Opinion in favor of LiveWire Ergogenics Inc. against American E Group LLC. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated January 28, 2020, Li vewire's motion to dismiss is GRANTED because the Note is unenforceable and AEG is not entitled to equitable relief. The Court denies AEG leave to replead because any attempt to replead the claims asserted in the SAC would be futile. See Advan ced Magnetics, Inc. v. Bayfront Partners,Inc., 106 F.3d 11, 18 (2d Cir. 1997) (noting that leave to amend need not be granted where the proposed amendment would be futile). Accordingly, all claims in the SAC are dismissed with prejudice. (Signed by Clerk of Court Ruby Krajick on 1/29/2020) (Attachments: # 1 Right to Appeal)(km)
January 28, 2020 Opinion or Order Filing 229 ORDER: On December 27, 2019, the Court ordered that the case be stayed until January 27, 2020. Dkt No. 222. Because that date has passed, the stay in this case has been lifted. The status conference scheduled for February 17, 2020 is resche duled to February 13, 2020 at 2 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. ( Status Conference set for 2/13/2020 at 02:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 1/28/2020) (mro)
January 14, 2020 Opinion or Order Filing 226 ORDER: denying 224 Letter Motion to Compel. Application denied. The Clerk of Court is directed to terminate the motion pending at Dkt No. 224. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/14/2020) (ama)
January 13, 2020 Opinion or Order Filing 223 MEMORANDUM OPINION AND ORDER: re: 104 SECOND MOTION to Dismiss the Third-Party Amended Complaint filed by Elana Hirsch, 140 SECOND LETTER MOTION to Compel addressed to Judge Gregory H. Woods from Joseph Paukman dated 07/17/19 filed by JS Barkats PLLC. For the foregoing reasons, the Barkats Defendants' motion to compel arbitration is GRANTED. The Court has determined that it should dismiss the third-party claims against the Barkats Defendants. "[W]hen all the claims in a n action have been referred to arbitration and a stay [is] requested" the "text, structure, and underlying policy of the FAA mandate a stay of proceedings." Katz v. Cellco P'ship, 794 F.3d 341, 343, 347 (2d Cir. 2015) (emphasis ad ded). However, no party has requested a stay if the Court compels arbitration of the third-party claims the Barkats Defendants. Therefore, the Court need not stay the case and may instead dismiss the third-party claims against the Barkats Defendants. The Court has considered the Second Circuit's instruction that "[d]istrict courts should continue to be mindful of this liberal federal policy favoring arbitration agreements, when deciding whether to dismiss an action or instead to grant a stay." Salim Oleochemicals v. M/V SHROPSHIRE, 278 F.3d 90, 93 (2d Cir. 2002). As the Circuit has explained, "a dismissal renders an order appealable under [9 U.S.C.] § 16(a)(3), while the granting of a stay is an unappealable interlo cutory order under [9 U.S.C.] § 16(b)[.]" Because "[u]nnecessary delay of the arbitral process through appellate review is disfavored[,]" often a stayrather than dismissalwill be the proper outcome. In this case, however the Court finds that the interests of judicial economy weigh in favor of dismissing the third-party claims outright. This litigation has been protracted and complex and continues to include claims, counterclaims, and third-party claims against Ms. Hirsch. The dismissal of the third-party claims against JSB and Mr. Barkats may streamline these proceedings considerably. Accordingly, the Court dismisses the third-party claims against JSB and Mr. Barkats. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/13/2020) (ama)
December 26, 2019 Opinion or Order Filing 221 ORDER: At Mr. Barkats' request, the telephone conference scheduled for December 27, 2019 at 2 p.m. is rescheduled for 9:30 a.m. on the same day. Mr. Jones is directed to call Chambers (212-805-0296) at that time with Mr. Barkats on the line. The other parties are not required to appear in connection with this conference. SO ORDERED. (Telephone Conference set for 12/27/2019 at 09:30 AM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 12/26/2019) (jca)
December 18, 2019 Opinion or Order Filing 220 ORDER, The Court will hold a telephone conference in this case to discuss Mr. Jones motion to withdraw on December 27, 2019 at 2 p.m. Mr. Jones is directed to call Chambers (212-805-0296) at that time with Mr. Barkats on the line. The other parties are not required to appear in connection with this conference. SO ORDERED. (Telephone Conference set for 12/27/2019 at 02:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 12/18/19) (yv)
December 2, 2019 Opinion or Order Filing 219 ORDER. Bryce Jones is directed to submit materials for in camera review regarding the attorney-client relationship between Mr. Jones and Sunny Joseph Barkats and JS Barkats PLLC after Mr. Jones and Mr. Barkats resolved the issue regarding the of c ounsel working on behalf of Mr. Barkats for the Jones Law Firm no later than December 5, 2019. Mr. Jones is directed to submit these materials to Chambers via mail and email and to serve a copy on Mr. Barkats via email. Mr. Barkats must submit any supplemental factual support for his position no later than December 10, 2019. Mr. Barkats is likewise directed to submit his response and any supporting documentation to Chambers via email and to serve a copy on Mr. Jones via email. Both Mr. Jones and Mr. Barkats must submit affidavits attesting to the accuracy of the factual information contained in their submissions. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/2/19) (yv)
August 5, 2019 Opinion or Order Filing 152 MEMORANDUM OPINION AND ORDER. Plaintiff's request to amend the complaint to allege that the Note reflects that restricted stock was not to be issued as consideration for the Note, and the addition of the related Counts II and III, is DENIED as f utile. Plaintiff's request to amend the complaint in the other respects is GRANTED. The Clerk of the Court is directed to terminate the motion pending at Dkt. No. 61. re: 61 MOTION to Amend/Correct for Leave to File Second Amended Complaint filed by American E Group LLC. (Signed by Judge Gregory H. Woods on 8/2/2019) (rjm)
October 29, 2018 Opinion or Order Filing 28 MEMORANDUM OPINION AND ORDER re: 22 MOTION to Dismiss the Amended Complaint filed by LiveWire Ergogenics Inc. Given that the Note expressly caps the interest that can be recovered under its terms, the Court cannot determine from its face that it is criminally usurious. Therefore, Defendant's motion to dismiss is DENIED. The Clerk of the Court is directed to terminate the motion pending at ECF No. 22. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/27/2018) (anc)
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Plaintiff: American E Group LLC
Represented By: Christopher Philip Milazzo
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Defendant: LiveWire Ergogenics Inc.
Represented By: Ryan James Whalen
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