Matrix Private Capital Group LLC v. Kirsch et al
| Matrix Private Capital Group LLC |
| Peter Kirsch and Blue Marlin Capital Partners LLC |
| 1:2018cv11247 |
| December 3, 2018 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 nr |
| None |
Docket Report
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This docket was last retrieved on January 22, 2019. A more recent docket listing may be available from PACER.
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Filing 24
AGREED PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. This Court shall retain jurisdiction over all persons subject to this Order to the extent necessary to enforce any obligations arising hereunder or to impose sanctions for any contempt hereof. (Signed by Judge J. Paul Oetken on 1/22/2019) (ama)
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Filing 23
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). All Fact Discovery due by 7/1/2019. All Expert Discovery due by 8/30/2019. Deposition due by 8/30/2019. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is ten (10) days. The next Case Management Conference set for 7/26/2019 at 11:00 AM before Judge J. Paul Oetken. And as set forth herein. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/18/2019) (ama)
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| Filing 22 PROPOSED PROTECTIVE ORDER. Document filed by Blue Marlin Capital Partners LLC, Peter Kirsch. (Alexander, Fields) |
| Minute Entry for proceedings held before Judge J. Paul Oetken: Initial Pretrial Conference held on 1/22/2019. Next conference scheduled for 7/26/2019. Status letter due by 4/15/2019. (bh) |
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Filing 21
ORDER granting #15 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
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Filing 20
ORDER granting #13 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
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| Filing 19 LETTER addressed to Judge J. Paul Oetken from Mari K. Bonthuis dated January 16, 2019 re: Defendants' Letter of January 15, 2019 (Dkt. No. 17). Document filed by Matrix Private Capital Group LLC.(Bonthuis, Mari) |
| Filing 18 AMENDED ANSWER to. Document filed by Blue Marlin Capital Partners LLC, Peter Kirsch. (Fensterstock, Laurel) |
| Filing 17 LETTER addressed to Judge J. Paul Oetken from Fields Alexander dated January 15, 2019 re: Diversity Jurisdiction. Document filed by Blue Marlin Capital Partners LLC, Peter Kirsch.(Fensterstock, Laurel) |
| Filing 16 PROPOSED CASE MANAGEMENT PLAN. Document filed by Matrix Private Capital Group LLC. (Bonthuis, Mari) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Fields Alexander to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 15 MOTION for Fields Alexander to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Marlin Capital Partners LLC, Peter Kirsch. (Attachments: #1 Affidavit Declaration in Support of Motion For Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Motion for Admission Pro Hac Vice)(Alexander, Fields) |
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Filing 14
ORDER: Counsel for all parties are directed to appear for an initial pretrial conference with the Court on January 18, 2019, at 12:45 p.m. The conference will be held in Courtroom 706 of the Thurgood Marshall United States Court House, 40 Foley Square, New York, New York. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. And as set forth herein. SO ORDERED. Initial Conference set for 1/18/2019 at 12:45 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 1/04/2019) (ama)
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| Filing 13 MOTION for Faduma Abdullah Hassan Ali to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Marlin Capital Partners LLC, Peter Kirsch. (Attachments: #1 Affidavit Declaration In Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing - Texas, #3 Exhibit B - Certificate of Good Standing - NY, #4 Text of Proposed Order Proposed Order)(Ali, Fatima) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Faduma Abdullah Hassan Ali to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| Filing 12 ANSWER to Complaint. Document filed by Blue Marlin Capital Partners LLC, Peter Kirsch.(Fensterstock, Laurel) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Faduma Abdullah Hassan Ali to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16116427. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Marlin Capital Partners LLC, Peter Kirsch. (Attachments: #1 Affidavit Declaration in Support, #2 Exhibit A - Certificate of Good Standing - TX, #3 Exhibit B - Certificate of Good Standing - NY, #4 Text of Proposed Order)(Ali, Fatima) Modified on 12/28/2018 (jc). |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Fields Alexander to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16115846. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Marlin Capital Partners LLC, Peter Kirsch. (Attachments: #1 Affidavit Declaration in Support, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)(Alexander, Fields) Modified on 12/28/2018 (jc). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #10 MOTION for Fields Alexander to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16115846. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas (our court does not accept state bar certificates for Texas). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit or Declaration - attach Proposed Order. (jc) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for Faduma Abdullah Hassan Ali to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16116427. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): 1) missing Certificate of Good Standing from Supreme Court of Texas (our court does not accept state bar certificates for Texas); and 2) Attorney Declaration is labeled as a declaration from a different attorney. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Declaration - attach Proposed Order. (jc) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Mari Kristine Bonthuis to RE-FILE Document #9 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| Filing 9 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Matrix Private Capital Group LLC.(Bonthuis, Mari) Modified on 12/13/2018 (lb). |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Blue Marlin Capital Partners LLC, Peter Kirsch.(Fensterstock, Laurel) |
| Filing 7 NOTICE OF APPEARANCE by Mari Kristine Bonthuis on behalf of Matrix Private Capital Group LLC. (Bonthuis, Mari) |
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Filing 6
STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED, STIPULATED AND AGREED, by and between Plaintiff and Defendants, through their undersigned counsel, that the time for Defendants to respond to the Complaint is extended to and including January 4, 2019. SO ORDERED., Blue Marlin Capital Partners LLC answer due 1/4/2019; Peter Kirsch answer due 1/4/2019., Motions terminated: #5 LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge J. Paul Oetken from Laurel Fensterstock dated December 5, 2018. filed by Peter Kirsch, Blue Marlin Capital Partners LLC. (Signed by Judge J. Paul Oetken on 12/06/2018) (ama)
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| Filing 5 LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge J. Paul Oetken from Laurel Fensterstock dated December 5, 2018. Document filed by Blue Marlin Capital Partners LLC, Peter Kirsch. (Attachments: #1 Exhibit Stipulation & Proposed Order)(Fensterstock, Laurel) |
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Filing 4
ORDER: This case was removed from New York Supreme Court, New York County, on December 3, 2018. Counsel for the plaintiff is directed to file an appearance with this Court no later than December 26, 2018. Counsel for the defendants shall serve a copy of this order on counsel for the plaintiff by December 19, 2018. SO ORDERED. (Signed by Judge J. Paul Oetken on 12/04/2018) (ama)
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| Filing 3 CIVIL COVER SHEET filed. (Fensterstock, Laurel) |
| Filing 2 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 655401/2018..Document filed by Blue Marlin Capital Partners LLC, Peter Kirsch. (Attachments: #1 Exhibit A - Part 1 - Summons & Complaint from State Court Action, #2 Exhibit A - Part 2 - Summons & Complaint in State Court Action, #3 Exhibit A - Part 3 - Summons & Complaint from State Court Action, #4 Exhibit B - Docket Sheet from State Court Action, #5 Exhibit C - Affidavits of Service of Process, #6 Exhibit D - Notice of Filing of Notice of Removal)(Fensterstock, Laurel) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Laurel Sage Fensterstock to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): Notice of Removal exhibits must be labeled pursuant to ECF Filing Rule 13.3. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Laurel Sage Fensterstock. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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. (pc) |
| Case Designated ECF. (pc) |
| 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. (pc) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 655401/2018. (Filing Fee $ 400.00, Receipt Number ANYSDC-15996177).Document filed by Blue Marlin Capital Partners LLC, Peter Kirsch. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2, #3 Exhibit A - Part 3, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Fensterstock, Laurel) |
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