Liberty Holdings (NYC) LLC et al v. Aposta, Inc. et al
| Liberty Holdings (NYC) LLC and Dreambuilder Investments, LLC |
| Aposta, Inc. and Gene Hacker |
| 1:2018cv05108 |
| June 7, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Loretta A. Preska |
| Assault, Libel, and Slander |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
76
ORDER OF DISMISSAL For the reasons stated above, this case is hereby DISMISSED pursuant to Federal Rule of Civil Procedure 41(b). Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to CLOSE the case and mail this Order to Plaintiffs. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/6/2022) (jca)
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Filing
74
ORDER On September 15, 2022, the Court ordered the parties to file a joint letter within three weeks. ECF No. 73. The deadline for that filing has now passed and the parties failed to comply and file the letter. Accordingly, it is hereby ORDERED that the parties shall, no later than October 31, 2022, file a joint letter addressing all the information requested in the September 15, 2022 Order. If the parties are unable to file the letter jointly, each party shall file and email a courtesy copy of their own letter to the opposing party and explain why they could not file the letter jointly. Further, counsel for Plaintiffs, Liberty Holdings (NYC) LLC and Dreambuilder Investments, LLC, withdrew on March 22, 2022. ECF No. 71. Since tha t time, no attorney has appeared for either plaintiff limited liability company. The docket also shows that the Courts Order dated September 15, 2022, was mailed to Plaintiffs by the Clerk of Court and returned as undeliverable. [A] limited liabi lity company... may appear in federal court only through a licensed attorney. Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007). Accordingly, it is further ORDERED that, by October 31, 2022, Plaintiffs shall file a letter (i) providing their cu rrent contact information to the Court and (ii) stating whether Plaintiffs have obtained counsel and if they have not, explaining Plaintiffs' failure to do so. Plaintiffs failure to comply with the Court's orders may result in dismissal for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). See Plutus I, LLC v. Itria Ventures LLC, No. 18-cv-09616 (AT), 2019 U.S. Dist. LEXIS 7953, at *6 (S.D.N.Y. Jan. 15, 2019) (dismissing case because plaintiff limited liabili ty company failed to obtain counsel and prosecute the case). The Clerk of Court is respectfully directed to mail this Order to pro se Plaintiffs. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/12/2022) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
73
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The Clerk of Court is respectfully directed to mail this Order, along with Judge Rochon's Individual Rules of Practice in Civil Cases and Individual Rules of Practice in Civil Pro Se Cases, to pro se Plaintiff. (Signed by Judge Jennifer L. Rochon on 9/15/2022) (ate)
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Filing
72
ORDER. Counsel shall confer and inform Judge Preska by letter no later than August 23, 2022 of the status of the action/remaining claims/defendants. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/16/22) (yv)
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Filing
64
ORDER: The Court is in receipt of counsel' letters dated September 15, 2021 (dkt. no. 63) and September 14, 2021 (dkt. no. 63-1). Plaintiffs' counsel may move to withdraw no later than September 23, 2021 and shall serve Plaintiffs by emai l and mail. Defendants may oppose no later than September 30, 2021. In light of the delays in this case, no extensions shall be granted without extraordinarily good cause. SO ORDERED. (Motions due by 9/23/2021., Responses due by 9/30/2021) (Signed by Judge Loretta A. Preska on 9/17/2021) (jca)
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Filing
62
ORDER: Counsel shall confer and inform Judge Preska by letter no later than September 15, 2021 of the status of the action/remaining claims/defendants. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/8/2021) (tg)
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Filing
61
MEMORANDUM & ORDER re: 13 MOTION for Vincent J. Quigg to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-15653492. Motion and supporting papers to be reviewed by Clerk's Office staff. f iled by Aposta, Inc., Gene Hacker. For the reasons detailed above: (1) Mr. Quigg's original request to be admitted pro hac vice [dkt. no. 13] is GRANTED, retroactive to October 3, 2018, see supra n.1; (2) the Clerk of the Court is directed to strike the Answer of Defendants Aposta, Inc. and Gene Hacker dated January 4, 2018 [dkt. no. 26]; (3) a default judgment is entered against Defendants Aposta, Inc. and Gene Hacker; and (4) the Clerk of the Court is directed to revoke Mr. Quigg 's pro hac vice admission in the Southern District of New York. Plaintiffs may initiate an inquest into damages before the undersigned. In addition, Plaintiff may make an additional request for monetary sanctions in the form of attorney's fees against Mr. Quigg and/or Defendants Aposta, Inc. and Gene Hacker from the date of the original order imposing sanctions. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/21/2020) (va) Transmission to Attorney Services/Help Desk.
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Filing
60
ORDER. Mr. Quigg's request for a continuance of the May 19 telephonic conference is DENIED. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/18/20) (yv)
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Filing
57
ORDER: Counsel shall appear telephonically for a conference on the Court's order to show cause, (dkt. no. 50), on May 19, 2020, at 12:00 p.m. EST. The dial in for the conference is (888) 363-4734, access code: 4645450. The parties are directed to call in promptly at 12:00 p.m. (Telephone Conference set for 5/19/2020 at 12:00 PM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 5/4/2020) (jwh)
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Filing
56
ORDER re: 55 Letter filed by Aposta, Inc., Gene Hacker. Having reviewed and confirmed the contents of Mr. Quigg's submission, (dkt. no. 55), the March 9, 2020 conference is adjourned. The parties shall confer and inform the Court of a su itable conference date. The rescheduled conference shall take place no later than Friday, March 27, 2020. The parties are advised that the Court will not grant any further adjournments for this conference. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/6/2020) (va)
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Filing
45
OPINION & ORDER re: 37 MOTION for Sanctions filed by Dreambuilder Investments, LLC, Liberty Holdings (NYC) LLC. For the foregoing reasons, the Motion for Order of Sanctions [dkt. no. 37] is granted. Within 45 days of this Opinion and Order, Mr. Quigg or his law firm shall pay monetary sanctions to Plaintiffs in the amount of $7,700. Within one week of receipt, Plaintiffs shall file proof of such payment with the Court. In addition, Defendants and Defendants' counse l will be required to appear in-person for all future proceedings ordered by the Court, unless the Court specifically notes in the relevant scheduling order that a proceeding will take place telephonically or, with respect to Defendants, that the par ties' presence is unnecessary. Should Defendants or Defendants' counsel be otherwise unable to attend a proceeding in-person, they are required to submit a letter request to the Court detailing that inability no later than three business d ays before the scheduled proceeding. Finally, the Court retains jurisdiction to impose more severe sanctions in the event that Mr. Quigg or Defendants fail to comply with this Order. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/13/2019) (mml)
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