ICO Services, Ltd. v. Coinme, Inc.
| ICO SERVICES, LTD., d/b/a BLOCK X BANK and ICO Services, Ltd. doing business as Block X Bank |
| COINME, INC., d/b/a UP GLOBAL SEZC and Coinme, Inc. doing business as Up Global SEZC |
| 1:2018cv04276 |
| May 14, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Lorna G Schofield |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2018. A more recent docket listing may be available from PACER.
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Filing 38
CLERK'S JUDGMENT re: #37 Memorandum & Opinion. in favor of Coinme, Inc. against ICO Services, Ltd. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated December 17, 2018, Defendant's motion to dismiss for lack of jurisdiction is granted, and Defendant's motion to dismiss for failure to state a claim is moot; accordingly, the case is closed.. (Signed by Clerk of Court Ruby Krajick on 12/18/2018) (Attachments: #1 Notice of Right to Appeal)(dt)
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Filing 37
OPINION AND ORDER re: #22 MOTION to Dismiss /Notice of Defendant Coinme, Inc.'s Motion to Dismiss to the Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(2). filed by Coinme, Inc. For the foregoing reasons, Defendant's motion to dismiss for lack of jurisdiction is GRANTED. Defendant's motion to dismiss for failure to state a claim is moot. The Clerk of Court is respectfully directed to close the motion at Docket No. 22 and close the case. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/17/2018) (cf) Transmission to Orders and Judgments Clerk for processing.
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Filing 36
ORDER: It is hereby ORDERED that the case management conference is adjourned sine die. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/10/2018) (cf)
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Filing 35
STATUS REPORT. Joint Status Letter Document filed by Coinme, Inc..(Yellin, Michael)
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Filing 34
AFFIDAVIT of George A. Popescu in Opposition re: #22 MOTION to Dismiss /Notice of Defendant Coinme, Inc.'s Motion to Dismiss to the Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(2).. Document filed by ICO Services, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bryan, Julie)
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Filing 33
AFFIDAVIT of Julie R. Bryan in Opposition re: #22 MOTION to Dismiss /Notice of Defendant Coinme, Inc.'s Motion to Dismiss to the Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(2).. Document filed by ICO Services, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bryan, Julie)
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Filing 32
DECLARATION of NEIL BERGQUIST in Support re: #22 MOTION to Dismiss /Notice of Defendant Coinme, Inc.'s Motion to Dismiss to the Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(2).. Document filed by Coinme, Inc.. (Yellin, Michael)
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Filing 31
ORDER: WHEREAS, the Court intends to convert the pending motion to dismiss to a motion for summary judgment. It is hereby ORDERED that, by November 23, 2018, each party shall file at least one affidavit or declaration setting forth facts relevant to whether the Court has specific personal jurisdiction over Defendant (i.e. identifying Defendant's contacts in New York that are related to the matter in dispute). See SPV Osus Ltd. v. UBS AG, 882 F.3d 333, 343 (2d Cir. 2018). The affiant / declarant shall have personal knowledge of the relevant facts. The filings shall state, at a minimum (as further set forth in this Order.) Any other nexus between New York and the contractual relationship between the parties. ORDERED that, by November 23, 2018, each party may file any other evidence pertinent to the issue of personal jurisdiction over Defendant. (Signed by Judge Lorna G. Schofield on 11/19/2018) (cf)
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Filing 30
STATUS REPORT. Joint Letter Document filed by ICO Services, Ltd..(Bryan, Julie)
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Filing 29
MEMO ENDORSEMENT on re: #28 Status Report filed by ICO Services, Ltd. ENDORSEMENT: The parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2, by October 15, 2018. The parties are reminded that the Court has not stayed the case management deadlines during the pendency of the motion to dismiss. Particularly in light of the parties failure to conduct any discovery to date, the parties should assume that all fact discovery will be closed November 23, 2018 and that the date will not be extended. (Signed by Judge Lorna G. Schofield on 9/25/2018) (ne)
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Filing 28
STATUS REPORT. Joint Letter Document filed by ICO Services, Ltd..(Bryan, Julie)
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Filing 27
REPLY MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss /Notice of Defendant Coinme, Inc.'s Motion to Dismiss to the Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(2). . Document filed by Coinme, Inc.. (Attachments: #1 Affidavit of Service)(Yellin, Michael)
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Filing 26
MEMORANDUM OF LAW in Opposition re: #22 MOTION to Dismiss /Notice of Defendant Coinme, Inc.'s Motion to Dismiss to the Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(2). . Document filed by ICO Services, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Bryan, Julie)
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Filing 25
AFFIDAVIT OF SERVICE of Notice of Motion, Bergquist Declaration and Memorandum of Law in Support (related docs #22 , #23 , #24 ) served on Julie Rising Bryan and Irwin Weltz on August 3, 2018. Service was made by Mail. Document filed by Coinme, Inc.. (Yellin, Michael)
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Filing 24
MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss /Notice of Defendant Coinme, Inc.'s Motion to Dismiss to the Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(2). . Document filed by Coinme, Inc.. (Yellin, Michael)
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Filing 23
DECLARATION of Neil Bergquist in Support re: #22 MOTION to Dismiss /Notice of Defendant Coinme, Inc.'s Motion to Dismiss to the Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(2).. Document filed by Coinme, Inc.. (Attachments: #1 Exhibit A - Certificates of Incorporation)(Yellin, Michael)
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Filing 22
MOTION to Dismiss /Notice of Defendant Coinme, Inc.'s Motion to Dismiss to the Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(2). Document filed by Coinme, Inc.. Responses due by 8/17/2018(Yellin, Michael)
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Filing 21
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #22 Motion) - MOTION to Dismiss /Notice of Defendant Coinme, Inc.'s Motion to Dismiss to the Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(2). Document filed by Coinme, Inc.. Responses due by 8/17/2018(Melzer, Jason) Modified on 8/6/2018 (db).
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Filing 20
ORDER granting #13 Motion for Julie Rising Bryan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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Filing 19
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. This case is to be tried to a jury. Defendant's motion to dismiss is due August 3, 2018, Plaintiff's opposition is due August 17, 2018, and Defendant's reply is due August 24, 2018. Amended Pleadings due by 7/31/2018. Motions due by 8/3/2018. Responses due by 8/17/2018 Replies due by 8/24/2018. Fact Discovery due by 11/23/2018. Pre-Motion Conference set for 12/13/2018 at 11:00 AM before Judge Lorna G. Schofield. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 days. (Signed by Judge Lorna G. Schofield on 7/26/2018) (kgo)
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Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 7/26/2018. (jcs)
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Filing 18
LETTER addressed to Judge Lorna G. Schofield from Julie R. Bryan dated 7/25/2018 re: Response to Pre Motion Letter. Document filed by ICO Services, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Bryan, Julie)
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Filing 17
MEMO ENDORSEMENT on re: #16 Letter filed by Coinme, Inc.. ENDORSEMENT: Plaintiff shall file a responsive letter by July 25, 2018, at noon. This proposed motion will be discussed at the July 26, 2018, initial pretrial conference. (Signed by Judge Lorna G. Schofield on 7/20/2018) (kgo)
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Filing 16
LETTER addressed to Judge Lorna G. Schofield from Michael R. Yellin, Esq. dated July 19, 2018 re: Pre-Motion Request to Submit a Motion to Dismiss. Document filed by Coinme, Inc..(Yellin, Michael)
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Filing 15
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by ICO Services, Ltd..(Bryan, Julie)
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Filing 14
JOINT LETTER addressed to Judge Lorna G. Schofield from Julie R. Bryan dated 7/19/2018 re: Joint Pretrial Letter. Document filed by ICO Services, Ltd..(Bryan, Julie)
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Filing 13
MOTION for Julie Rising Bryan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15343661. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ICO Services, Ltd.. (Attachments: #1 Affidavit of Julie R. Bryan, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Bryan, Julie)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Julie Rising Bryan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15343661. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 12
NOTICE OF APPEARANCE by Michael Redmond Yellin on behalf of Coinme, Inc.. (Yellin, Michael)
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Filing 11
NOTICE OF APPEARANCE by Wendy F. Klein on behalf of Coinme, Inc.. (Klein, Wendy)
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Filing 10
ORDER granting in part and denying in part #9 Letter Motion to Adjourn Conference. Application GRANTED in part. The initial pretrial conference is adjourned from July 12 to July 26, 2018, at 11:00 a.m. Initial Conference set for 7/26/2018 at 11:00 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/3/2018) (kgo)
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Filing 9
LETTER MOTION to Adjourn Conference (initial conference) from 7/12/18 to 8/16/18 addressed to Judge Lorna G. Schofield from Irwin Weltz dated July 2, 2018. Document filed by ICO Services, Ltd..(Weltz, Irwin)
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Filing 8
SUMMONS RETURNED EXECUTED. Coinme, Inc. served on 6/28/2018, answer due 7/19/2018. Service was accepted by Nathan Love (employee-sales). Document filed by ICO Services, Ltd.. (Weltz, Irwin)
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Filing 7
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court at the time and place listed below. Initial Conference set for 7/12/2018 at 11:00 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. Please monitor the docket the day before the conference, as the time may change slightly. And as set forth herein. (Signed by Judge Lorna G. Schofield on 5/24/2018) (ama)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Coinme, Inc.. (dnh)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to COINME, INC., d/b/a UP GLOBAL SEZC, re: #1 Complaint. Document filed by ICO Services, Ltd.. (Weltz, Irwin)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Irwin Weltz. The party information for the following party/parties has been modified: ICO Services, Ltd.; Coinme, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias was entered incorrectly. (jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Irwin Weltz. The following case opening statistical information was erroneously selected/entered: Dollar Demand $972684000; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to None; the Fee Status code has been modified to pd (paid);. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. (jgo)
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Magistrate Judge Robert W. Lehrburger 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. (jgo)
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Case Designated ECF. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Irwin Weltz to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): second party name must include 'care of c/o';. 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. (jgo)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ICO SERVICES, LTD., d/b/a BLOCK X BANK.(Weltz, Irwin)
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Filing 3
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to COINME, INC., d/b/a UP GLOBAL SEZC, re: #1 Complaint. Document filed by ICO SERVICES, LTD., d/b/a BLOCK X BANK. (Weltz, Irwin) Modified on 5/15/2018 (jgo).
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Filing 2
CIVIL COVER SHEET filed. (Weltz, Irwin)
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Filing 1
COMPLAINT against COINME, INC., d/b/a UP GLOBAL SEZC. (Filing Fee $ 400.00, Receipt Number 0208-15064545)Document filed by ICO SERVICES, LTD., d/b/a BLOCK X BANK. (Attachments: #1 Exhibit A - Agreement)(Weltz, Irwin)
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