Shih v. Petal Card, Inc. et al
| Cassandra Shih |
| Petal Card, Inc., Andrew Endicott, Jason Gross, David Ehrich, Berk Ustun, Brooklyn Bridge Ventures, Inc., Jack Arenas and John Doe and Jane Doe |
| 1:2018cv05495 |
| June 19, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| John F. Keenan |
| Stockholders Suits |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
270
ORDER terminating 258 Letter Motion for Local Rule 37.2 Conference. For the reasons discussed during the April 20, 2022 telephonic conference, it is hereby ORDERED as follows: 1. Discovery Dispute. To the extent plaintiff requested that the Court direct defendants to produce additional financial documents (Dkt. No. 269, at 4), the application is DENIED. 2. Discovery Schedule. To the extent the parties requested that the Court extend or stay any portion of the current pretrial schedule " ;for the purpose of allowing the parties to explore settlement, likely via mediation" (Dkt. No. 269, at 1), the application is DENIED without prejudice to the parties right to renew the request when and if they have made concrete plans to medi ate on a defined schedule. 3. Dkt. No. 258. Defendants' January 3, 2022 discovery letter-motion (Dkt. No. 258) having been resolved (Dkt. Nos. 259, 261), the Clerk of Court is respectfully directed to close the motion at Dkt. No. 258. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 4/20/2022) (mml)
|
|
Filing
264
ORDER: Defendant Petal Card has improperly instructed its Rule 30(b)(6) designees not to answer certain questions concerning its recent corporate reorganization on relevance grounds. Consequently, Petal Card shall produce Mr. McCann for up to one hour of additional questioning, no later than February 17, 2022, concerning that subject. All relief not specifically granted herein is DENIED. Judge Moses will conduct a status conference on April 20, 2022 at 11:00 a.m. in Courtroom 20A of the D aniel Patrick Moynihan United States Courthouse. In advance of the conference, and no later than April 15, 2022, the parties shall submit a joint letter updating the Court on the progress of expert discovery, as well as any settlement efforts. (And as further set forth herein.) SO ORDERED. (Status Conference set for 4/20/2022 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 1/26/2022) (jca)
|
|
Filing
242
OPINION AND ORDER: For the reasons set forth above, defendants' letter-motion to compel the Non-Parties and plaintiff to produce the documents sought by the Second Subpoenas and the Fifth RFP is DENIED. Nothing in this Opinion prevents defe ndants from asking plaintiff, at deposition, about the statements they believe to be dishonest, nor from otherwise pursuing impeachment evidence in a manner that is proportional to the needs of the case. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/12/2021) (ama)
|
|
Filing
241
ORDER granting 236 Letter Motion to Seal. For the reasons discussed at the November 9, 2021 status conference, it is hereby ORDERED as follows: 1. Dkt. No. 236. Plaintiff's motion to seal the unredacted version of the parties' joint status letter (Dkt. Nos. 237, 238) is GRANTED. Dkt. No. 238 shall remain under seal. 2. Disputes Identified in Joint Status Letter. The joint status letter at Dkt. No. 237, submitted in advance of the November 9 conference, raised three discovery disputes, concerning: (1) plaintiff's 4th set of Requests for Production to defendant Endicott; (2) defendants' redactions to the General Ledger and compliance with this Court's prior production order (Dkt. No. 231, paragraph 3(a)) ; and (3) defendants' redactions to the Petal capitalization table and related issues. As to each of these disputes, the parties shall meet and confer in good faith and then, with respect to each dispute that has not been resolved, shall subm it a joint status letter on or before November 16, 2021. Each joint letter shall be limited to five pages, shall contain both sides' argument, and shall otherwise conform to Moses Ind. Prac. § 2(b). The Clerk of Court is respectfully directed to close the motion at Dkt. No. 236. (Signed by Magistrate Judge Barbara C. Moses on 11/10/2021) (ate)
|
|
Filing
231
ORDER: denying without prejudice 189 Letter Motion to Compel; terminating 204 Letter Motion for Local Rule 37.2 Conference.; granting 207 Letter Motion for Conference re: 189 LETTER MOTION to Compel Third Parties Lane Kauder, Radiant L ifestyle, Inc. and Tripsha, Inc. to Produce Documents Designated as Privileged or Subject to Work Product Protection. addressed to Magistrate Judge Barbara C. Moses from Kelley C., 204 LETTER MOTION for Local Rule 37.2 Conference. addressed to Ma gistrate Judge Barbara C. Moses from Joanna C. Hendon dated September 7, 2021., 207 LETTER MOTION for Conference. addressed to Magistrate Judge Barbara C. Moses from Cassandra M. Vogel dated September 14, 2021. For the reasons discussed on the reco rd during today's conference, it is hereby ORDERED that: Letter-Motion at Dkt. No. 189. Because the issues raised by defendants' letter-motion at Dkt. No. 189 overlap substantially with the issues adjudicated in the Court's Order, issued earlier today, at Dkt. No. 228, the letter-motion is administratively DENIED, without prejudice to refiling as to any issues that were not resolved by today's Order. Letter-Motions at Dkt Nos. 204, 211, and 219. These letter-motions are sub judice. Should the parties resolve or narrow any of the disputes raised therein they shall promptly so inform the Court by letter. Within two weeks of today's date defendants shall produce Petal's GeneralLedger to the extent agreed in defendants' June 26, 2021 letter. And as set forth herein. The Court will consider extensions to the discovery and pretrialschedule at the next status conference. In the meantime, party depositions may and should commence as scheduled on and af ter October 10, 2021. Judge Moses will conduct an in-person status conference on November 9, 2021, at 9:30 a.m. in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. In advance of the conference, and no later than Novem ber 5, 2021, the parties shall file a joint status letter, updating the Court as to what issues have been resolved, what issues remain outstanding, what depositions have been taken, what depositions have been scheduled but not taken, and what if any changes they seek to the discovery and pretrial schedule. The Clerk of Court is respectfully directed to close Dkt. No. 189, as well as Dkt. No. 207 (which is erroneously docketed as a letter-motion but is in fact a response to the letter-motion at Dkt. No. 204). And as set forth herein. SO ORDERED. ( Status Conference set for 11/9/2021 at 09:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.;. (Signed by Magistrate Judge Barbara C. Moses on 10/06/2021) (ama)
|
|
Filing
225
ORDER granting 222 Letter Motion to Seal. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 10/4/2021) (rro)
|
|
Filing
197
ORDER granting 184 Letter Motion for Local Rule 37.2 Conference. Non-party Lane Kauder's letter-motion dated August 6, 2021 (Dkt. No. 184) is GRANTED for substantially the "first" and "second" reasons set forth therein and elaborated upon in the movant's reply letter-brief dated August 13, 2021 (Dkt. No. 187). Defendants' subpoena addressed to First Republic Bank (Dkt. No. 185-1) is hereby QUASHED. Plaintiff's procedurally improper letter-brief dated August 13, 2021 (Dkt. No. 186) is STRICKEN from the record, as is defendants' responding letter-brief dated August 18, 2021 (Dkt. No. 195). The Clerk of Court is respectfully directed to close Dkt. No. 184. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 8/20/2021) (vfr)
|
|
Filing
193
ORDER granting 176 Letter Motion to Compel; granting 177 Letter Motion to Compel. It is hereby ORDERED as follows: 1.As to Dkt. No. 177: a. No later than August 20, 2021, plaintiff shall identify to defendants up to six (6) withheld or redacted documents (from those appearing on the log at Dkt. No. 177-1) to be submitted to the Court for in camera review. b.No later than August 23, 2021, defendants shall submit the documents identified by plaintiff, together with up to three (3) additional withheld or redacted documents (from those appearing on the log at Dkt. No. 177-1),for in camera review by emailing them to the Court at Moses_NYSDChambers@nysd.uscourts.gov. Defendants shall then file a confirming letter on ECF t hat identifies all of the documents submitted for in camera review. 2. As to Dkt. No. 176: a. No later than August 20, 2021, defendants shall produce to plaintiffs the documents identified as PRIV00000001 - PRIV00000009 on the log at Dkt. No. 17 6-1. Defendants have not met their burden of demonstrating that these documents were properly withheld on any of the grounds asserted. b. No later than August 20, 2021, defendants shall identify to plaintiff up to six (6) withheld documents, all dated between January 14 and June 24, 2019, for in camera review. c. No later than August 23, 2021, plaintiff shall submit the documents identified by plaintiff, together with up to three (3) additional withheld documents (within the same date range) for in camera review by emailing them to the Court at Moses_NYSDChambers@nysd.uscourts.gov. Plaintiff shall then file a confirming letter on ECF that identifies all of the documents submitted for in camera review, together with copies of (i) the portions of plaintiff's supplemental privilege log corresponding to the excepts submitted at Dkt. Nos. 176-1 and 181-1, and (ii) Mr. Kauder's written agreement with Mr. Dawson's law firm to provide legal services in this case,dated June 24, 2019. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 8/18/2021) (vfr)
|
|
Filing
160
ORDER: No later than July 28, 2021, the parties shall file their letter-motions with respect to any unresolved privilege issues. Unless the parties agree otherwise, responses and optional replies will be due in accordance with Moses Ind. Prac. §2 (e). (As further set forth in this Order.) ( Motions due by 7/28/2021.) (Signed by Magistrate Judge Barbara C. Moses on 7/1/2021) (cf)
|
|
Filing
157
ORDER granting 156 Letter Motion to Adjourn Conference. Plaintiff's letter application dated June 4, 2021 is GRANTED. (Dkt. No. 156.) The June 16 status conference is adjourned to June 30, 2021, at 11:00 a.m., in Courtroom 20A of the Dani el Patrick Moynihan United States Courthouse. This is an in-person conference. (As further set forth in this Order.) Status Conference set for 6/30/2021 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 6/7/2021) (cf)
|
|
Filing
150
ORDER terminating 140 Letter Motion to Compel; terminating 143 Letter Motion for Conference re: 140 LETTER MOTION to Compel Non-Parties Howard Altman, Kerry Botensten, Lane Kauder, Benjamin Leff, Radiant Lifestyle, LLC, and Tripsha, I nc. to produce documents responsive to Defendants' subpoenas addressed to Magistrate Judge Barbara C, 143 LETTER MOTION for Conference re: Proposed Motion to Compel Non-Parties Howard Altman, Kerry Botensten, Lane Kauder, Benj amin Leff, Radiant Lifestyle, LLC, and Tripsha, Inc. to produce documents responsive to Defendants' subpoenas addres. The recipients of the nonparty subpoenas that are the subject of defendants' letter-motions dated April 15 and April 21, 2021 (Dkt. Nos. 140, 143) shall promptly produce all responsive, non-privileged documents dated or created on or before February 15, 2019. The status conference now scheduled for May 20, 2021 is ADJOURNED to June 16, 2021, at 10:00 a.m. A pub licly accessible audio line will be available to nonparties, including members of the public and the press, by dialing (917) 933-2166 and entering the code 923981331#. Nonparties must observe the same decorum as would be expected at an in-person conference, and must mute their telephone lines throughout the proceeding. This Order resolves the motions at Dkt. Nos. 140 and 143. (As further set forth in this Order.). (Signed by Magistrate Judge Barbara C. Moses on 5/4/2021) (cf)
|
|
Filing
142
MEMO ENDORSEMENT: on 140 with respect to Motion to Compel: Defendants' letter-application seeks an order pursuant to Fed. R. Civ. P. 45(d)(2)(B)(i) requiring various nonparties to produce documents in response to defendants' subpoenas. Specifically, defendants seeks a ruling with respect to one of the non-parties' objections, relating to the end date for the production. Defendants assert that this issue is "ripe for judicial consideration," but wish to reserve their rights, including their rights to bring further motions, with respect to relevance, burden, privilege, and other issues, including the apparent refusal of two of the subpoenaed nonparties to made any production at all. Rule 45(d)(2)(B)(i) does not contemplate that motions to compel compliance with a subpoena be made seriatim on an issue-by-issue basis. Nor would such an approach (in most cases) be consistent with efficient case management. See generally Fed. R. Civ. P. 1 (requiring the Cour t and the parties to construe the rules, administer, and employ the rules "to secure the just, speedy, and inexpensive determination" of the action). No later than April 21, 2021, defendants shall either (a) withdraw their letter-applica tion, without prejudice to a future application designed to resolve all outstanding issues arising out of the contested subpoenas; or (b) advise the Court they wish to proceed on their current application, recognizing that future applications wi th respect to currently- disputed issues arising out of the same subpoenas will be foreclosed. If defendants choose to proceed on their current letter-application, the commanded persons' opposition letter(s) shall be filed no later than April 26, 2021, in accordance with Moses Ind. Prac. § 1(d), and defendants' optional reply letter shall be filed no later than April 29, 2021. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 4/16/2021) (ama)
|
|
Filing
117
ORDER: Judge Moses will conduct a telephonic status conference on October 27, 2020 at 10:00 a.m. At that time, the parties shall dial (888) 557-8511 and enter the access code 7746387. In advance of the conference, and no later than October 20, 20 20, the parties shall file a joint status letter, updating the Court as to what discovery remains, how long the parties estimate they need to complete it, whether any party seeks expert discovery, and if any progress has been made towards settlement. SO ORDERED. (Telephone Conference set for 10/27/2020 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 9/30/2020) (jca)
|
|
Filing
116
OPINION AND ORDER re: 102 MOTION to Dismiss the Second Amended Complaint. filed by Andrew Endicott, Jason Gross, Petal Card, Inc. For the reasons set forth above, Defendants' motion to dismiss the Second Amended Complaint is DENIED except as to Plaintiff's sixth claim for relief addressed to Defendant Petal Card, Inc., eighth claim for relief addressed to Defendant Jason Gross, and her demand for a constructive trust, all of which are dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6). The Clerk of Court is directed to terminate the motion docketed at ECF No. 102. (As further set forth in this Order.) (Signed by Judge John F. Keenan on 9/23/2020) (cf)
|
|
Filing
110
ORDER: By no later than July 20, 2020, the parties are directed to confer and file a joint letter regarding whether either party requests oral argument on Defendants' motion to dismiss the second amended complaint (ECF No. 102). The Court does not require such argument, but if it is requested, the parties are further directed to provide the Court with at least three proposed dates for the argument on the Tuesdays, Wednesdays, and Thursdays between August 18, 2020, and September 3, 2020. (Signed by Judge John F. Keenan on 7/13/2020) (cf)
|
|
Filing
92
ORDER terminating 84 Letter Motion for Leave to File Document. Accordingly, the Court will exclude the Documents and decide the Rule 12(b) (6) motion solely on the complaint. Plaintiff shall have until September 12, 2019 to file a second amended complaint. Should Defendants then opt to file a motion to dismiss that new complaint, the parties are ORDERED to file a proposed order with the Court containing mutually agreed upon deadlines by which the Plaintiff shall file its opposition and Def endants their reply. This proposed order is to be filed contemporaneously with Defendant's motion to dismiss. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 84. (As further set forth in this Order.) (Signed by Judge John F. Keenan on 8/21/2019) (cf)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
