Quad-C Management, Inc. v. Curvature, Inc.
Plaintiff: Quad-C Management, Inc.
Defendant: Curvature, Inc.
Case Number: 1:2019cv02506
Filed: March 20, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Paul A Engelmayer
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2019 Opinion or Order Filing 27 ORDER OF DISCONTINUANCE: The Court having been advised by Magistrate Judge Gabriel W. Gorenstein that all claims as between plaintiff and defendant Curvature, Inc. have been settled in principle, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to plaintiff's right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. The Clerk of Court is respectfully directed to terminate Curvature, Inc. as a party. (Curvature, Inc. terminated.) (Signed by Judge Paul A. Engelmayer on 8/16/2019) (jwh)
August 15, 2019 Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 8/15/2019. (rch)
July 15, 2019 Opinion or Order Filing 26 ORDER: granting #25 Letter Motion to Adjourn Conference. Settlement conference adjourned to August 15, 2019, at 2:30 p.m. Submissions are due August 9, 2019. SO ORDERED. Settlement Conference set for 8/15/2019 at 02:30 PM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/15/2019) (ama)
July 15, 2019 Filing 25 JOINT LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Gabriel W. Gorenstein from Joshua A. Berman dated July 15, 2019. Document filed by Quad-C Management, Inc..(Berman, Joshua)
June 27, 2019 Opinion or Order Filing 24 ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for Monday, August 12, 2019 at 2:30 p.m. in Courtroom 6-B, 500 Pearl Street, New York, New York. All persons attending the conference must arrive at least fifteen minutes beforehand to allow for the time required to pass through the security process. Counsel must read the Court's "Standing Order Applicable to Settlement Conferences Before Judge Gorenstein," which is attached and is incorporated herein by reference. Upon receipt of this Order, each counsel is directed to confirm with all other counsel that they have received a copy of this Order. And as set forth herein. SO ORDERED. Settlement Conference set for 8/12/2019 at 02:30 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/27/2019) (ama)
June 26, 2019 Filing 23 MEMO ENDORSEMENT on re: #22 Letter filed by Quad-C Management, Inc. ENDORSEMENT: Granted. The Court stays discovery in this case until August 31, 2019. The parties should promptly notify the Court once they have scheduled a settlement conference with Judge Gorenstein. In the event the case has not settled by August 31, 2019, the parties are directed to, on that date, tile a joint letter on the status of the case and a case management plan in conformance with the Court's individual rules. (Signed by Judge Paul A. Engelmayer on 6/25/2019) (mro)
June 21, 2019 Filing 22 JOINT LETTER addressed to Judge Paul A. Engelmayer from Joshua A. Berman dated June 21, 2019 re: Settlement Conference before Judge Gorenstein. Document filed by Quad-C Management, Inc..(Berman, Joshua)
June 11, 2019 Opinion or Order Filing 21 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. Plaintiff's counsel is to contact the Magistrate Judge's Chambers to schedule a settlement conference when both parties are ready. (Signed by Judge Paul A. Engelmayer on 6/11/2019) (mro)
June 11, 2019 Opinion or Order Filing 20 ORDER: The Court hereby stays discovery with the exception of the informal exchange of documents agreed to by the parties in anticipation of a settlement conference before the Magistrate Judge. The parties are further ordered to file a joint letter on the docket by June 21, 2019, providing the Court with a common proposal for a procedural mechanism by which the correct construction of the contract, a central issue in this case, can be ably litigated as a threshold matter. (Signed by Judge Paul A. Engelmayer on 6/11/2019) (mro)
June 11, 2019 Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 6/11/2019. Evelyn Fanneron & Joshua Berman present for Plaintiff. Gabrielle Gould & Molly Leiwant present for Defendant. (ajs)
June 10, 2019 Filing 19 NOTICE OF APPEARANCE by Molly Louise Leiwant on behalf of Curvature, Inc.. (Leiwant, Molly)
June 5, 2019 Filing 18 JOINT LETTER addressed to Judge Paul A. Engelmayer from Joshua A. Berman dated June 5, 2019 re: Initial Case Management Conference. Document filed by Quad-C Management, Inc..(Berman, Joshua)
June 5, 2019 Filing 17 PROPOSED CASE MANAGEMENT PLAN. Document filed by Quad-C Management, Inc.. (Berman, Joshua)
May 6, 2019 Filing 16 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/11/2019 at 09:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 5/6/2019) (ks)
May 3, 2019 Filing 15 ANSWER to #1 Complaint,. Document filed by Curvature, Inc..(Gould, Gabrielle)
April 17, 2019 Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Superbird Cayman Holdings, LLC, Other Affiliate Partners Group AG for Curvature, Inc.. Document filed by Curvature, Inc..(Gould, Gabrielle)
April 16, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Gabrielle Lisa Gould to RE-FILE Document #11 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Not All Corporate Parents/Other affiliates were 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). (ldi)
April 10, 2019 Opinion or Order Filing 13 ORDER granting #12 Letter Motion for Extension of Time to Answer. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/10/2019) Curvature, Inc. answer due 5/3/2019 (ks)
April 10, 2019 Filing 12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Paul A. Engelmayer from Gabrielle L. Gould dated April 10, 2019. Document filed by Curvature, Inc..(Gould, Gabrielle)
April 10, 2019 Filing 11 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Superbird Cayman Holdings, LLC for Curvature, Inc. Document filed by Curvature, Inc.(Gould, Gabrielle) Modified on 4/16/2019 (ldi).
April 10, 2019 Filing 10 NOTICE OF APPEARANCE by Gabrielle Lisa Gould on behalf of Curvature, Inc.. (Gould, Gabrielle)
March 27, 2019 Filing 9 NOTICE OF CHANGE OF ADDRESS by Joshua Alexander Berman on behalf of Quad-C Management, Inc.. New Address: White & Case LLP, 1221 Avenue Avenue, New York, New York, 10020, (212) 819-8200. (Berman, Joshua)
March 25, 2019 Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,. Curvature, Inc. served on 3/22/2019, answer due 4/12/2019. Service was accepted by Fred Monia, Corporate Service Agent. Document filed by Quad-C Management, Inc.. (Fanneron, Evelyn)
March 21, 2019 Filing 7 ELECTRONIC SUMMONS ISSUED as to Curvature, Inc.. (sj)
March 21, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joshua Alexander Berman. The party information for the following party/parties has been modified: Curvature, Inc.. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (sj)
March 21, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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)
March 21, 2019 Case Designated ECF. (sj)
March 21, 2019 Magistrate Judge Gabriel W. Gorenstein 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)
March 20, 2019 Filing 6 NOTICE OF APPEARANCE by Evelyn Ann Fanneron on behalf of Quad-C Management, Inc.. (Fanneron, Evelyn)
March 20, 2019 Filing 5 NOTICE OF APPEARANCE by Joshua Alexander Berman on behalf of Quad-C Management, Inc.. (Berman, Joshua)
March 20, 2019 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Quad-C Management, Inc..(Berman, Joshua)
March 20, 2019 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Curvature, Inc., re: #1 Complaint,. Document filed by Quad-C Management, Inc.. (Berman, Joshua)
March 20, 2019 Filing 2 CIVIL COVER SHEET filed. (Berman, Joshua)
March 20, 2019 Filing 1 COMPLAINT against Curvature, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16533869)Document filed by Quad-C Management, Inc.. (Attachments: #1 Exhibit A- Merger Agreement, #2 Exhibit B- September 2017 Notices, #3 Exhibit C- Quad-C's October 3, 2017 Letter, #4 Exhibit D- January 2018 Notice, #5 Exhibit E- January 2019 Notice)(Berman, Joshua)

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Plaintiff: Quad-C Management, Inc.
Represented By: Evelyn Ann Fanneron
Represented By: Joshua Alexander Berman
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Defendant: Curvature, Inc.
Represented By: Gabrielle Lisa Gould
Represented By: Molly Louise Leiwant
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