McQuaid v. Capital Stack, LLC et al
Plaintiff: Kieran McQuaid
Defendant: David Rubin, Capital Stack, LLC, Eprodigy Operations, LLC, Eprodigy ACH, LLC and Brian Stulman
Case Number: 1:2018cv09230
Filed: October 9, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Andrew L Carter
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2020 Opinion or Order Filing 63 JOINT STIPULATION AMENDING JANUARY 8, 2020 JOINT STIPULATION OF COLLECTIVE AND CLASS ACTION SETTLEMENT AND RELEASE (ECF # 116-1): This Joint Stipulation ("Settlement Amendment") amends the Joint Stipulation of Collective Action Settlement and Release ("Original Agreement"), executed on or around September 19, 2019, and filed with the Court on October 4, 2019 (ECF # 47-1), entered into by and between Named Plaintiff KIERAN MCQUAID, on behalf of himself, individually, and on behalf of the preliminarily approved class of similarly situated individuals whom he represents, on the one hand, and Defendants CAPITAL STACK, LLC, and ePRODIGY ACH, LLC, and ePRODIGY OPERATIONS, LLC, and DAVID RUBIN, individually, and BRIAN STULMAN, individually, (all, together, as Defendants), on the other hand, to the extent detailed herein, subject to court-approval. All other terms of the Original Agreement remain in full force and effect, as preliminarily approved by the Court on November 4, 2019 (ECF # 49). And as set forth herein. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/07/2020) (ama)
August 7, 2020 Opinion or Order Filing 62 MEMO ENDORSEMENT on ORDER GRANTING CONSENT MOTION FOR FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT, SERVICE AWARDS, AN AWARD OF ATTORNEYS' FEES AND EXPENSES, AND THE ENTRY OF FINAL JUDGMENT granting #54 Motion for Settlement. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/07/2020) (ama)
August 5, 2020 Filing 61 LETTER addressed to Judge Andrew L. Carter, Jr. from Michael R. Minkoff, Esq. dated 8/5/2020 re: Joint Stipulation and Proposed Order Amending Settlement. Document filed by Kieran McQuaid. (Attachments: #1 Text of Proposed Order - Exhibit A - Joint Stipulation and Proposed Order Amending Settlement, #2 Exhibit B - Letter to Participating Claimants).(Minkoff, Michael)
July 31, 2020 Filing 60 STATUS REPORT. Document filed by Kieran McQuaid..(Minkoff, Michael)
July 24, 2020 Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Fairness Hearing held on 7/24/2020. Michael Minkoff for the Plaintiff(s). Amy Traub for the Defendant(s) Joint Status Report due by 7/31/2020. (Court Reporter: Martha Martin) (tdh)
July 23, 2020 Opinion or Order Filing 59 ORDER: The Fairness Hearing scheduled for July 24, 2020 at 11:00 a.m. will proceed via telephone conference. The Parties should contact the Court at 1-888-363-4749 (access code: 3768660). SO ORDERED. Telephone Conference set for 7/24/2020 at 11:00 AM before Judge Andrew L. Carter Jr.. (Signed by Judge Andrew L. Carter, Jr on 7/23/2020) (kv)
July 22, 2020 Filing 58 LETTER addressed to Judge Andrew L. Carter, Jr. from Amy J. Traub dated July 22, 2020 re: Payment Schedule. Document filed by Capital Stack, LLC, Eprodigy ACH, LLC, Eprodigy Operations, LLC, David Rubin, Brian Stulman. (Attachments: #1 Exhibit A - E-mail dated 7/14/20).(Traub, Amy)
July 8, 2020 Filing 57 DECLARATION of Angela Ferrante in Support re: #54 CONSENT MOTION for Settlement - - FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT, SERVICE AWARDS, AN AWARD OF ATTORNEYS' FEES AND EXPENSES, AND THE ENTRY OF FINAL JUDGMENT.. Document filed by Kieran McQuaid. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Minkoff, Michael)
July 8, 2020 Filing 56 DECLARATION of Michael R. Minkoff, Esq. in Support re: #54 CONSENT MOTION for Settlement - - FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT, SERVICE AWARDS, AN AWARD OF ATTORNEYS' FEES AND EXPENSES, AND THE ENTRY OF FINAL JUDGMENT.. Document filed by Kieran McQuaid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Minkoff, Michael)
July 8, 2020 Filing 55 MEMORANDUM OF LAW in Support re: #54 CONSENT MOTION for Settlement - - FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT, SERVICE AWARDS, AN AWARD OF ATTORNEYS' FEES AND EXPENSES, AND THE ENTRY OF FINAL JUDGMENT. . Document filed by Kieran McQuaid..(Minkoff, Michael)
July 8, 2020 Filing 54 CONSENT MOTION for Settlement - - FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT, SERVICE AWARDS, AN AWARD OF ATTORNEYS' FEES AND EXPENSES, AND THE ENTRY OF FINAL JUDGMENT. Document filed by Kieran McQuaid..(Minkoff, Michael)
April 3, 2020 Opinion or Order Filing 53 ORDER GRANTING PARTIES' JOINT MOTION TO RE-OPEN NOTICE PERIOD TO ELIGIBLE SETTLEMENT CLASS MEMBERS granting #51 Motion to Reopen Notice Period to Eligible Settlement Class Members. Accordingly, it is hereby ORDERED that; 1) by no later than April 10, 2020, Defendants are to furnish the claims administrator, Arden Claims Service, LLC, in electronic form, with a list of the 32 underwriters and collections workers who were not included on the previous list of potential class members ("new putative class member"), identified by: (i) names; (ii) last known address; (iii) Social Security or Tax Identification Numbers (if available to Defendants); and (iv) dates of used by Arden to effectuate settlement, and may not be disseminated or used for any other purpose; 2) the parties are directed to require Arden to send the Notice and Claims Form approved by the Court in its November 4, 2019 Order (Dkt. 49) to the new putative class members by April 17, 2020; 3) Claims Forms, objections, and/or opt-out statements filed by the new putative class members must be postmarked or received by on or before June 19, 2020, and sent to the Administrator at Arden Claims Services, LLC, Re: Capital Stack Lawsuit, P.O. Box 1015, Port Washington, New York 11050, or to any other address that Arden chooses in the United States and as printed on the Notice to the Class; 4) Class Counsel shall file their Motion for Judgment and Final Approval by on or before July 10, 2020; 5) The Court will hold a Fairness Hearing on July 24, 2020 at 11:00 a.m., in Courtroom 1306 at the United States District Court, Southern District of New York, 40 Foley Square, New York, New York 10007; 6) All other rulings issued by this Court in its November 4, 2019 Order Granting Motion for Preliminary Approval of the Settlement, Certification of Settlement Class, Appointment of Named Plaintiff and Opt-In Plaintiff Orlando Hernandez as Class Representatives, Appointment of Plaintiffs' Counsel as Class Counsel, and Approval of Proposed Notice of Settlement and Class Action Settlement Procedure shall remain in effect. (Dkt. 49). (Signed by Judge Andrew L. Carter, Jr on 4/3/2020) (rj)
April 3, 2020 Set/Reset Deadlines: Motions due by 7/10/2020., Set/Reset Hearings: Fairness Hearing set for 7/24/2020 at 11:00 AM in Courtroom 1306, 40 Foley Square, New York, NY 10007 before Judge Andrew L. Carter Jr. (rj)
March 17, 2020 Filing 52 MEMORANDUM OF LAW in Support re: #51 JOINT MOTION to Reopen Notice Period to Eligible Settlement Class Members. . Document filed by Capital Stack, LLC, Eprodigy ACH, LLC, Eprodigy Operations, LLC, David Rubin, Brian Stulman..(Traub, Amy)
March 17, 2020 Filing 51 JOINT MOTION to Reopen Notice Period to Eligible Settlement Class Members. Document filed by Capital Stack, LLC, Eprodigy ACH, LLC, Eprodigy Operations, LLC, David Rubin, Brian Stulman. (Attachments: #1 Text of Proposed Order).(Traub, Amy)
January 14, 2020 Opinion or Order Filing 50 ORDER: The Hearing currently scheduled for April 17, 2020 at 11:00 a.m. is hereby ADJOURNED until April 20, 2020 at 10:00 a.m., Fairness Hearing set for 4/17/2020 at 10:00 AM before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 1/14/2020) (rj)
November 4, 2019 Opinion or Order Filing 49 ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF THE SETTLEMENT, CERTIFICATION OF SETTLEMENT CLASS, APPOINTMENT OF NAMED PLAINTIFF AND OPT-IN PLAINTIFF ORLANDO HERNANDEZ AS CLASS REPRESENTATIVES, APPOINTMENT OF PLAINTIFFS' COUNSEL AS CLASS COUNSEL, AND APPROVAL OF PROPOSED NOTICE OF SETTLEMENT AND CLASS ACTION SETTLEMENT PROCEDURE granting #46 Motion for Settlement. Accordingly, it is hereby ORDERED that: upon preliminary review, the settlement reached by the parties, as set forth in the Motion and Settlement Agreement and Release ("Settlement Agreement"), including the allocation formula, attorneys' fees, and other terms contained therein, appears to be fair and reasonable to all involved, suffers from no obvious defects, was reached after arms-length negotiations between the parties, and constitutes a reasonable compromise of the claims and defenses in this matter; the Parties are directed to perform according to the terms set forth in the Settlement Agreement; the Court hereby certifies, for settlement purposes only, the settlement classes, defined as: as further set forth herein. Class Counsel shall file their Motion for Judgment and Final Approval on or before March 17, 2020; the Court will hold a Fairness Hearing on the above-referenced settlement on April 17, 2020 at 11:00 a.m., in Courtroom 1306 at the United States District Court, Southern District of New York, 40 Foley Square, New York, New York 10007. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/4/2019) (kv)
November 4, 2019 Set/Reset Hearings: (Fairness Hearing set for 4/17/2020 at 11:00 AM before Judge Andrew L. Carter Jr..), Set/Reset Deadlines: ( Motions due by 3/17/2020.) (kv)
October 4, 2019 Filing 48 MEMORANDUM OF LAW in Support re: #46 CONSENT MOTION for Settlement - - PRELIMINARY APPROVAL OF THE SETTLEMENT, CERTIFICATION OF SETTLEMENT CLASS, APPOINTMENT OF NAMED PLAINTIFF AND OPT-IN PLAINTIFF ORLANDO HERNANDEZ AS CLASS REPRESENTATIVES, APPOINTMENT OF PLAINTIFFS' COUNSEL AS . Document filed by Kieran McQuaid. (Minkoff, Michael)
October 4, 2019 Filing 47 DECLARATION of Michael R. Minkoff, Esq. in Support re: #46 CONSENT MOTION for Settlement - - PRELIMINARY APPROVAL OF THE SETTLEMENT, CERTIFICATION OF SETTLEMENT CLASS, APPOINTMENT OF NAMED PLAINTIFF AND OPT-IN PLAINTIFF ORLANDO HERNANDEZ AS CLASS REPRESENTATIVES, APPOINTMENT OF PLAINTIFFS' COUNSEL AS. Document filed by Kieran McQuaid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Minkoff, Michael)
October 4, 2019 Filing 46 CONSENT MOTION for Settlement - - PRELIMINARY APPROVAL OF THE SETTLEMENT, CERTIFICATION OF SETTLEMENT CLASS, APPOINTMENT OF NAMED PLAINTIFF AND OPT-IN PLAINTIFF ORLANDO HERNANDEZ AS CLASS REPRESENTATIVES, APPOINTMENT OF PLAINTIFFS' COUNSEL AS CLASS COUNSEL, AND APPROVAL OF PROPOSED NOTICE OF SETTLEMENT AND CLASS ACTION SETTLEMENT PROCEDURE. Document filed by Kieran McQuaid.(Minkoff, Michael)
October 1, 2019 Opinion or Order Filing 45 MEMO ENDORSEMENT: on re: #44 Letter filed by Capital Stack, LLC, Brian Stulman, David Rubin, Eprodigy Operations, LLC, Eprodigy ACH, LLC. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/01/2019) (ama)
September 30, 2019 Filing 44 LETTER addressed to Judge Andrew L. Carter, Jr. from Amy J. Traub dated September 30, 2019 re: Extension of Time to Submit Settlement Documents. Document filed by Capital Stack, LLC, Eprodigy ACH, LLC, Eprodigy Operations, LLC, David Rubin, Brian Stulman.(Traub, Amy)
August 30, 2019 Opinion or Order Filing 43 ORDER granting #42 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/30/2019) (cf)
August 30, 2019 Filing 42 LETTER MOTION for Extension of Time to File Motion for Preliminary Approval of the Rule 23 Settlement addressed to Judge Andrew L. Carter, Jr. from Michael R. Minkoff, Esq. dated August 30, 2019. Document filed by Kieran McQuaid.(Minkoff, Michael)
August 30, 2019 Set/Reset Deadlines: Motions due by 9/30/2019. (cf)
August 20, 2019 Opinion or Order Filing 41 ORDER GRANTING WITHDRAWAL OF APPEARANCE OF JOHN C. MCILWEE: In accordance with Local Civil Rule 1.4, and upon consideration of the annexed affidavit, John C. McIlwee, of Baker & Hostetler LLP, is hereby withdrawn as counsel for Defendants Capital Stack, LLC, eProdigy ACH LLC, David Rubin, and Brian Stulman., Attorney John Conlaeth McIlwee terminated. (Signed by Judge Andrew L. Carter, Jr on 8/20/2019) (rj)
August 19, 2019 Filing 40 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Capital Stack, LLC, Eprodigy ACH, LLC, David Rubin, Brian Stulman. (McIlwee, John)
July 25, 2019 Opinion or Order Filing 39 MEMO ENDORSEMENT on re: #38 Letter filed by Kieran McQuaid. ENDORSEMENT: SO ORDERED. (Motions due by 8/30/2019.) (Signed by Judge Andrew L. Carter, Jr on 7/25/2019) (anc)
July 24, 2019 Filing 38 LETTER addressed to Judge Andrew L. Carter, Jr. from Michael R. Minkoff, Esq. dated July 24, 2019 re: response to ECF # 37. Document filed by Kieran McQuaid.(Minkoff, Michael)
July 18, 2019 Opinion or Order Filing 37 ORDER: It having been reported to this Court that this case has been or will be settled, it is hereby ORDERED that the above-captioned action is discontinued without costs and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within thirty (30) days. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/18/2019) (rj)
June 17, 2019 Mediator Session Held on 6/13/19 at Defendant's Counsel's Office.(ah)
May 29, 2019 MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 6/13/19, 10 AM at Defendant's Counsel's Office.(ah)
May 29, 2019 MEDIATOR SESSION NOT HELD Mediator Session scheduled for 5/28/19 at Defendant's Counsel's Office was NOT held.(ah)
May 28, 2019 Opinion or Order Filing 35 ORDER granting #34 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/28/2019) (anc) Transmission to Mediation Clerk for processing.
May 28, 2019 Filing 34 LETTER MOTION for Extension of Time to conduct mediation addressed to Judge Andrew L. Carter, Jr. from Michael R. Minkoff, Esq. dated May 28, 2019. Document filed by Kieran McQuaid.(Minkoff, Michael)
May 22, 2019 Filing 33 NOTICE OF CHANGE OF ADDRESS by John Conlaeth McIlwee on behalf of Capital Stack, LLC, Eprodigy ACH, LLC, Eprodigy Operations, LLC, David Rubin, Brian Stulman. New Address: Baker & Hostetler LLP, One North Wacker Drive, Suite 4500, Chicago, Illinois, USA 60606, (312) 416-6200. (McIlwee, John)
May 14, 2019 Filing 32 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Kieran McQuaid.(Minkoff, Michael)
May 7, 2019 MEDIATOR SESSION SCHEDULED *Please Note Change of Date* to 5/28/19, 10 AM at Office of Defendant's Counsel for First Mediation Session.(ah)
May 6, 2019 Filing 31 CONSENT TO JOIN CLASS. Document filed by Kieran McQuaid.(Minkoff, Michael)
April 25, 2019 Filing 30 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Kieran McQuaid.(Minkoff, Michael)
April 25, 2019 Filing 29 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Kieran McQuaid.(Minkoff, Michael)
April 8, 2019 Filing 28 CONSENT TO JOIN CLASS. Document filed by Kieran McQuaid.(Minkoff, Michael)
March 26, 2019 MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 05/14/19, 10:00 AM at Office of Defendant's Counsel/Baker Hostetler.(ms)
March 12, 2019 Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Eprodigy Operations, LLC.(Traub, Amy)
March 12, 2019 Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Eprodigy ACH, LLC.(Traub, Amy)
March 12, 2019 Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Capital Stack, LLC.(Traub, Amy)
March 12, 2019 Filing 24 ANSWER to #1 Complaint,. Document filed by Capital Stack, LLC, Eprodigy ACH, LLC, Eprodigy Operations, LLC, David Rubin, Brian Stulman.(Traub, Amy)
February 26, 2019 Terminate Mediation Case Tracking Deadlines: Mediator Schedule Deadline (rpr)
February 26, 2019 Opinion or Order Filing 23 ORDER granting #22 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/26/2019) (rj) Modified on 2/27/2019 (rj).
February 26, 2019 Set/Reset Deadlines: Capital Stack, LLC answer due 3/12/2019; Eprodigy ACH, LLC answer due 3/12/2019; Eprodigy Operations, LLC answer due 3/12/2019; David Rubin answer due 3/12/2019; Brian Stulman answer due 3/12/2019. (rj)
February 26, 2019 Filing 22 LETTER MOTION for Extension of Time To Respond to Complaint addressed to Judge Andrew L. Carter, Jr. from John C. McIlwee dated February 26, 2019. Document filed by Capital Stack, LLC, Eprodigy ACH, LLC, Eprodigy Operations, LLC, David Rubin, Brian Stulman.(McIlwee, John)
February 25, 2019 Opinion or Order Filing 21 ORDER granting #20 Letter Motion for Extension of Time to conduct mediation. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/25/2019) (rj)
February 22, 2019 Filing 20 LETTER MOTION for Extension of Time to conduct mediation addressed to Judge Andrew L. Carter, Jr. from Michael R. Minkoff, Esq. dated February 22, 2019. Document filed by Kieran McQuaid.(Minkoff, Michael)
January 28, 2019 Opinion or Order Filing 19 ORDER FOR ADMISSION PRO HAC VICE granting #18 Motion for John C. Mcllwee to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 1/28/2019) (rj)
January 28, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for John C. Mcllwee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16246681. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
January 25, 2019 Filing 18 MOTION for John C. Mcllwee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16246681. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Capital Stack, LLC, Eprodigy ACH, LLC, Eprodigy Operations, LLC, David Rubin, Brian Stulman. (Attachments: #1 Affidavit of McIlwee in Support of Pro Hac Vice Application, #2 Exhibit A to McIlwee Motion for Admission Pro Hac Vice, #3 Text of Proposed Order for McIlwee Motion for Admission Pro Hac Vice)(McIlwee, John)
January 22, 2019 NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 2/21/2019.(mf)
January 18, 2019 Opinion or Order Filing 17 MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 1/28/2019. (Signed by Judge Andrew L. Carter, Jr on 10/3/2016) (mf)
January 17, 2019 Opinion or Order Filing 16 ORDER granting #15 Letter Motion for Extension of Time to Answer. SO ORDERED. David Rubin answer due 2/26/2019; Brian Stulman answer due 2/26/2019. (Signed by Judge Andrew L. Carter, Jr on 1/17/2019) (rj)
January 16, 2019 Filing 15 LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Amy J. Traub dated January 16, 2019. Document filed by David Rubin, Brian Stulman.(Traub, Amy)
January 16, 2019 Filing 14 NOTICE OF APPEARANCE by Amy Joy Traub on behalf of Capital Stack, LLC, Eprodigy ACH, LLC, Eprodigy Operations, LLC, David Rubin, Brian Stulman. (Traub, Amy)
January 9, 2019 Filing 13 SUMMONS RETURNED EXECUTED Summons and Complaint, served. David Rubin served on 1/4/2019, answer due 1/25/2019. Service was made by Mail. Document filed by Kieran McQuaid. (Minkoff, Michael)
January 2, 2019 Filing 12 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Brian Stulman served on 12/27/2018, answer due 1/17/2019. Service was made by Mail. Document filed by Kieran McQuaid. (Minkoff, Michael)
December 28, 2018 Opinion or Order Filing 11 ORDER granting #10 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/28/2018) (mml)
December 28, 2018 Set/Reset Deadlines: Capital Stack, LLC answer due 2/26/2019; Eprodigy ACH, LLC answer due 2/26/2019; Eprodigy Operations, LLC answer due 2/26/2019. (mml)
December 21, 2018 Filing 10 FIRST LETTER MOTION for Extension of Time to answer, move, or otherwise respond to the Complaint addressed to Magistrate Judge Henry B. Pitman from Jonathan E. Samon dated December 21, 2018. Document filed by Capital Stack, LLC, Eprodigy ACH, LLC, Eprodigy Operations, LLC.(Samon, Jonathan)
December 18, 2018 Filing 9 SUMMONS RETURNED EXECUTED. Eprodigy Operations, LLC served on 12/4/2018, answer due 12/26/2018. Service was accepted by Sue Zouky, Authorized Agent in the Office of the Secretary of State, of the State of New York. Document filed by Kieran McQuaid. (Minkoff, Michael)
December 17, 2018 Filing 8 SUMMONS RETURNED EXECUTED. Eprodigy ACH, LLC served on 12/4/2018, answer due 12/26/2018. Service was accepted by Sue Zouky, Authorized Agent in the Office of the Secretary of State, of the State of New York. Document filed by Kieran McQuaid. (Minkoff, Michael)
December 17, 2018 Filing 7 SUMMONS RETURNED EXECUTED. Capital Stack, LLC served on 12/4/2018, answer due 12/26/2018. Service was accepted by Sue Zouky, Authorized Agent in the Office of the Secretary of State, of the State of New York. Document filed by Kieran McQuaid. (Minkoff, Michael)
October 10, 2018 Filing 6 ELECTRONIC SUMMONS ISSUED as to Capital Stack, LLC, Eprodigy ACH, LLC, Eprodigy Operations, LLC, David Rubin, Brian Stulman. (sj)
October 10, 2018 Filing 5 NOTICE OF APPEARANCE by Alexander Todd Coleman on behalf of Kieran McQuaid. (Coleman, Alexander)
October 10, 2018 Filing 4 NOTICE OF APPEARANCE by Michael John Borrelli on behalf of Kieran McQuaid. (Borrelli, Michael)
October 10, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael R. Minkoff. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:201; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:207(a); the County code has been modified to Westchester. (sj)
October 10, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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. (sj)
October 10, 2018 Magistrate Judge Henry B. Pitman 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. (sj)
October 10, 2018 Case Designated ECF. (sj)
October 9, 2018 Filing 3 CIVIL COVER SHEET filed. (Minkoff, Michael)
October 9, 2018 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to CAPITAL STACK, LLC, and EPRODIGY ACH, LLC, and EPRODIGY OPERATIONS, LLC, and DAVID RUBIN, individually, and BRIAN STULMAN, individually,, re: #1 Complaint,. Document filed by Kieran McQuaid. (Minkoff, Michael)
October 9, 2018 Filing 1 COMPLAINT against Capital Stack, LLC, Eprodigy ACH, LLC, Eprodigy Operations, LLC, David Rubin, Brian Stulman. (Filing Fee $ 400.00, Receipt Number ANYSDC-15700133)Document filed by Kieran McQuaid. (Attachments: #1 Consent to Join Collective/Class Action, #2 Consent to Join Collective/Class Action)(Minkoff, Michael)

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Defendant: David Rubin
Represented By: Amy Joy Traub
Represented By: John Conlaeth McIlwee
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Defendant: Capital Stack, LLC
Represented By: Amy Joy Traub
Represented By: John Conlaeth McIlwee
Represented By: Jonathan Evan Samon
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Defendant: Eprodigy Operations, LLC
Represented By: Amy Joy Traub
Represented By: John Conlaeth McIlwee
Represented By: Jonathan Evan Samon
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Defendant: Eprodigy ACH, LLC
Represented By: Amy Joy Traub
Represented By: John Conlaeth McIlwee
Represented By: Jonathan Evan Samon
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Defendant: Brian Stulman
Represented By: Amy Joy Traub
Represented By: John Conlaeth McIlwee
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Plaintiff: Kieran McQuaid
Represented By: Michael R. Minkoff
Represented By: Michael John Borrelli
Represented By: Alexander Todd Coleman
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