Qiu v. Diamond, Jr. et al
| Zhi Zhong Qiu |
| Robert Diamond, Jr. and Atlas Merchant Capital LLC |
| 1:2019cv02050 |
| March 6, 2019 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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Filing 31
STIPULATION OF DISMISSAL: NOW, THEREFORE, the parties, through their undersigned counsel, stipulate and agree as follows: 1. Atlas is a private investment firm, of which Diamond is a Founding Partner, Chief Executive Office, and member of the investment Committee. 2. At all received in his interactions with Qiu, Diamond was setting in his capacity as an officer of Atlas, and within the scope of his authority, and on behalf of Atlas. 3. All communications or statements that Diamond made to Qiu, including but not limited to any alleged agreement between Atlas and Qiu, were made in Diamond's capacity as an officer of Atlas, within the scope of his authority and on behalf of Atlas. (as further set forth in this Order. 4. All claims against Diamond are dismissed with prejudice, with each party bearing its own costs. It is SO ORDERED. Robert Diamond, Jr. terminated. (Signed by Judge Edgardo Ramos on 5/2/2019) (kv)
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| Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 5/1/2019. Plaintiff's counsel present. Defendant Atlas Merchant Capital's counsel present. Defendant is granted leave to file a motion to dismiss with the following briefing schedule: moving papers due May 29, 2019; opposition due June 26, 2019; reply due July 12, 2019. (Motions due by 5/29/2019. Responses due by 6/26/2019. Replies due by 7/12/2019. ) (jar) |
| Filing 30 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Robert Diamond, Jr. and without costs. Document filed by Robert Diamond, Jr.. Proposed Order to be reviewed by Clerk's Office staff..(Steiner, Neil) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #30 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Edgardo Ramos for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii). (km) |
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Filing 29
MEMO ENDORSEMENT on re: #26 Response in Opposition to Motion, filed by Atlas Merchant Capital LLC. ENDORSEMENT: Defendant's letter motion for reconsideration of the Court's Order granting Plaintiff's request to file certain portions of its letter under seal is DENIED without prejudice at this juncture. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 4/18/2019) (kv)
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| Filing 28 SEALED DOCUMENT placed in vault.(mhe) |
| Filing 27 LETTER addressed to Judge Edgardo Ramos from Daniel P. Goldberg dated April 16, 2019 re: Defendant's April 16, 2019 Letter. Document filed by Zhi Zhong Qiu.(Goldberg, Daniel) |
| Filing 26 LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Andrew G. Gordon dated April 16, 2019 re: #24 LETTER MOTION to Seal Document #23 Response to Motion, addressed to Judge Edgardo Ramos from Daniel P. Goldberg dated April 11, 2019. . Document filed by Atlas Merchant Capital LLC. (Gordon, Andrew) |
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Filing 25
ORDER granting #22 Letter Motion for Extension of Time. The application is granted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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ORDER granting #24 Motion to Seal Document exhibits to #23 Response to Motion. The application is granted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) Transmission to Sealed Records Clerk for processing.
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| Filing 24 LETTER MOTION to Seal Document #23 Response to Motion, addressed to Judge Edgardo Ramos from Daniel P. Goldberg dated April 11, 2019. Document filed by Zhi Zhong Qiu.(Goldberg, Daniel) |
| Filing 23 LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Daniel P. Goldberg dated April 11, 2019 re: #12 LETTER MOTION for Conference / Letter Requesting Pre-Motion Conference addressed to Judge Edgardo Ramos from Andrew G. Gordon dated 3/28/2019. . Document filed by Zhi Zhong Qiu. (Attachments: #1 Exhibit 1 - E-mail, #2 Exhibit 2- Declaration)(Goldberg, Daniel) |
| Filing 22 LETTER MOTION for Extension of Time to Respond to Pre-Motion Letter of Defendant Robert Diamond, Jr. addressed to Judge Edgardo Ramos from Daniel P. Goldberg dated April 10, 2019. Document filed by Zhi Zhong Qiu.(Goldberg, Daniel) |
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Filing 21
ORDER granting #20 Letter Motion to Adjourn Conference. The April 18 pre-motion conference is adjourned to May 1, 2019, at 4:00 p.m. (Pre-Motion Conference set for 5/1/2019 at 04:00 PM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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| Filing 20 LETTER MOTION to Adjourn Conference (Pre-Motion Conference) addressed to Judge Edgardo Ramos from Andrew G. Gordon dated April 3, 2019. Document filed by Atlas Merchant Capital LLC.(Gordon, Andrew) |
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Filing 19
ORDER granting #12 Letter Motion for Conference. Upon review of Mr. Diamond's and Atlas Merchant's letters, a pre-motion conference will be held on April 18, 2019, at 4:30 p.m. Mr. Qiu is directed to submit a written response to Defendants' letters by April 11, 2019. (Pre-Motion Conference set for 4/18/2019 at 04:30 PM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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| Filing 18 NOTICE OF APPEARANCE by Laura Shriver Aronsson on behalf of Zhi Zhong Qiu. (Aronsson, Laura) |
| Filing 17 LETTER MOTION for Conference / Letter Requesting Pre-Motion Conference addressed to Judge Edgardo Ramos from Andrew J. Levander dated March 28, 2019. Document filed by Robert Diamond, Jr..(Levander, Andrew) |
| Filing 16 NOTICE OF APPEARANCE by Lani A. Perlman on behalf of Zhi Zhong Qiu. (Perlman, Lani) |
| Filing 15 NOTICE OF APPEARANCE by Steven Pellechi on behalf of Robert Diamond, Jr.. (Pellechi, Steven) |
| Filing 14 NOTICE OF APPEARANCE by Neil A. Steiner on behalf of Robert Diamond, Jr.. (Steiner, Neil) |
| Filing 13 NOTICE OF APPEARANCE by Andrew J. Levander on behalf of Robert Diamond, Jr.. (Levander, Andrew) |
| Filing 12 LETTER MOTION for Conference / Letter Requesting Pre-Motion Conference addressed to Judge Edgardo Ramos from Andrew G. Gordon dated 3/28/2019. Document filed by Atlas Merchant Capital LLC.(Gordon, Andrew) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Atlas Merchant Capital Holdings, Ltd., Other Affiliate Atlas Merchant Capital GP, LLC for Atlas Merchant Capital LLC. Document filed by Atlas Merchant Capital LLC.(Gordon, Andrew) |
| Filing 10 NOTICE OF APPEARANCE by Ross Alan Wilson on behalf of Atlas Merchant Capital LLC. (Wilson, Ross) |
| Filing 9 NOTICE OF APPEARANCE by Andrew Garry Gordon on behalf of Atlas Merchant Capital LLC. (Gordon, Andrew) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. Atlas Merchant Capital LLC served on 3/7/2019, answer due 3/28/2019. Service was accepted by Christina M. Blanco, Assistant Managing Clerk. Document filed by Zhi Zhong Qiu. (Goldberg, Daniel) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Robert Diamond, Jr. served on 3/7/2019, answer due 3/28/2019. Service was accepted by Christina M. Blanco, Assistant Managing Clerk. Document filed by Zhi Zhong Qiu. (Goldberg, Daniel) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Robert Diamond, Jr.. (jgo) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Atlas Merchant Capital LLC. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Peter Goldberg. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 6 (Foreign Nation); County code New York;. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 3 (Citizen or Subject of a Foreign Country); the County code has been modified to XX Out of U.S.;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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) |
| Magistrate Judge Katharine H. Parker 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) |
| Case Designated ECF. (jgo) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Atlas Merchant Capital LLC, re: #1 Complaint. Document filed by Zhi Zhong Qiu. (Goldberg, Daniel) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Robert Diamond, Jr., re: #1 Complaint. Document filed by Zhi Zhong Qiu. (Goldberg, Daniel) |
| Filing 2 CIVIL COVER SHEET filed. (Goldberg, Daniel) |
| Filing 1 COMPLAINT against Atlas Merchant Capital LLC, Robert Diamond, Jr.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16449102)Document filed by Zhi Zhong Qiu.(Goldberg, Daniel) |
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