In re HELIOS AND MATHESON ANALYTICS, INC. DERIVATIVE LITIGATION
| John P. Dash, III, Genadi Ignatov, Bridgette Dunn and Paulina Jankowska |
| Theodore Farnsworth, Gavriel Ralbag, K. Muralikrishna Gadiyaram, Prathap Singh, Stuart Benson and Carl J. Schramm |
| Helios and Matheson Analytics, Inc. |
| Alan Nisselson |
| 1:2019cv02863 |
| March 29, 2019 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Stockholders Suits |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 13, 2021. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Judge John G. Koeltl: Settlement Conference held on 5/13/2021. (Fletcher, Donnie) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Settlement Conference set for 5/13/2021 at 02:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
Filing 50
ORDER: The settlement hearing scheduled for Thursday, May 13, 2021, at 12:00pm is adjourned to 2:30pm, the same day., (Settlement Conference set for 5/13/2021 at 02:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 5/7/2021) (nb)
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Filing 49
ORDER: The settlement hearing scheduled for May 6, 2021, at 1 0:00am is adjourned to Thursday, May 13, 2021, at 12:00pm. SO ORDERED. (Signed by Judge John G. Koeltl on 4/30/2021) ( Settlement Conference set for 5/13/2021 at 12:00 PM before Judge John G. Koeltl.) (ks)
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Filing 48
MEMO ENDORSEMENT on re: #47 Letter filed by Alan Nisselson. ENDORSEMENT: With the consent of the Trustee, this case is dismissed without prejudice. SO ORDERED. (Signed by Judge John G. Koeltl on 6/9/2020) (ks)
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| Filing 47 LETTER addressed to Judge John G. Koeltl from Angela J. Somers dated June 9, 2020 re: Status Update. Document filed by Alan Nisselson..(Jaffe, Yonah) |
| Case Stay Lifted. (ks) |
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Filing 46
MEMO ENDORSEMENT on re: #45 Letter filed by Alan Nisselson. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 4/29/2020) (ks)
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| Filing 45 LETTER addressed to Judge John G. Koeltl from Angela J. Somers dated 4/28/2020 re: Status Update. Document filed by Alan Nisselson..(Jaffe, Yonah) |
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Filing 44
MEMO ENDORSEMENT on re: #43 Letter, filed by John P. Dash, III. ENDORSEMENT: This action remains stayed. The parties are requested to provide the Court with a status update as of the trustee in position by 4/30/20. SO ORDERED. (Signed by Judge John G. Koeltl on 2/19/2020) (ks)
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| Filing 43 LETTER addressed to Judge John G. Koeltl from Mary Blasy dated 2/19/2020 re: Communication with counsel in the Bankruptcy Proceedings. Document filed by John P. Dash, III. (Attachments: #1 Attachment (Feb. 10, 2020 Letter from Bankruptcy Trustee)).(Blasy, Mary) |
| Filing 42 NOTICE OF CHANGE OF ADDRESS by Thomas James McKenna on behalf of Bridgette Dunn, Genadi Ignatov, Paulina Jankowska. New Address: Gainey McKenna & Egleston, 501 Fifth Avenue, 19th, New York, New York, USA 10017, 212-983-1300. Filed In Associated Cases: 1:19-cv-02863-JGK, 1:19-cv-05728-JGK.(McKenna, Thomas) |
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Filing 41
MEMO ENDORSEMENT on re: #40 Letter, filed by Paulina Jankowska, Bridgette Dunn, Genadi Ignatov, John P. Dash, III. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 2/5/2020) (ks)
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| Filing 40 LETTER addressed to Judge John G. Koeltl from Mary Katherine Blasy dated February 4, 2020 re: response to Memo Endorsement dated January 30, 2020 (ECF No. 39). Document filed by John P. Dash, III, Bridgette Dunn, Genadi Ignatov, Paulina Jankowska..(Blasy, Mary) |
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Filing 39
MEMO ENDORSEMENT on re: (38 in 1:19-cv-02863-JGK) Letter, filed by Helios and Matheson Analytics, Inc., Stuart Benson, K. Muralikrishna Gadiyaram, Theodore Farnsworth, (101 in 1:18-cv-06965-JGK) Letter filed by Stuart Benson, Mitch Lowe, Theodore Farnsworth. ENDORSEMENT: This case is stayed as to Helios. The remaining parties should advise the Court by letter by 2/7/20 how they propose to proceed. SO ORDERED. (Signed by Judge John G. Koeltl on 1/30/2020) ORDER STAYING CASE (ks)
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| Filing 38 LETTER addressed to Judge John G. Koeltl from Robert A. Horowitz dated January 30, 2020 re: Bankruptcy fiing by Defendant Helios and Matheson Analytics, Inc.. Document filed by Stuart Benson, Theodore Farnsworth, K. Muralikrishna Gadiyaram, Helios and Matheson Analytics, Inc..(Horowitz, Robert) |
| Filing 37 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 9/16/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 36 TRANSCRIPT of Proceedings re: ARGUMENT held on 9/16/2019 before Judge John G. Koeltl. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2019. Redacted Transcript Deadline set for 11/7/2019. Release of Transcript Restriction set for 1/5/2020.(McGuirk, Kelly) |
| Filing 35 AMENDED COMPLAINT amending #1 Complaint, #31 Amended Complaint,, against Stuart Benson, Theodore Farnsworth, K. Muralikrishna Gadiyaram, Helios and Matheson Analytics, Inc., Gavriel Ralbag, Carl J. Schramm, Prathap Singh with JURY DEMAND.Document filed by Bridgette Dunn, Genadi Ignatov, John P. Dash, III, Paulina Jankowska. Related document: #1 Complaint, #31 Amended Complaint,,.(Blasy, Mary) |
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Filing 34
ORDER granting #32 Letter Motion for Leave to File Document. The Court has entered the Consolidation stipulation and the plaintiff may file the consolidation complaint. SO ORDERED. (Signed by Judge John G. Koeltl on 10/1/2019) (ks)
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Filing 33
STIPULATION AND ORDER CONSOLIDATING ACTIONS AND APPOINTING LEAD COUNSEL: THEREFORE, IT IS STIPULATED AND AGREED by the parties, through their respective counsel of record, as follows: I. CONSOLIDATION 1. The above-captioned actions are consolidated for all purposes, including pre-trial proceedings, trial and appeal. 2. Every pleading filed in the Consolidated Action, or in any separate actions included herein, shall bear the following caption (as further set forth in this Order.) 3. All related actions that are subsequently filed in, or transferred to, this Court shall be automatically consolidated into the Consolidated Action, and this Order, including the management structure designated within, shall apply to each and every such related action. 4. This Order shall apply to any shareholder derivative action on behalf of nominal defendant Helios arising out of the same or similar transactions or events as the Consolidated Actions which is subsequently filed in, removed to, or transferred to this Court. II. APPOINTMENT OF LEAD COUNSEL FOR PLAINTIFFS 1. Robbins Geller Rudman & Dowd LLP shall be appointed Lead Counsel for plaintiffs in the Consolidated Action. 2. Lead Counsel shall have the authority to speak for plaintiffs in matters regarding pretrial and trial procedure and settlement negotiations, and shall make all work assignments in such matter as to facilitate the orderly and efficient prosecution of the Consolidated Action. PURSUANT TO STIPULATION, IT IS SO ORDERED. (Signed by Judge John G. Koeltl on 9/30/2019) Filed In Associated Cases: 1:19-cv-02863-JGK, 1:19-cv-05728-JGK (ks)
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| Filing 32 LETTER MOTION for Leave to File Amended Verified Consolidated Shareholder Derivative Complaint for Violations of the Federal Securities Laws and State Law Claims for Breaches of Fiduciary Duty, Corporate Waste and Unjust Enrichment addressed to Judge John G. Koeltl from Mary Blasy dated September 30, 2019. Document filed by John P. Dash, III. (Attachments: #1 Amended Verified Consolidated Shareholder Derivative Complaint for Violations of the Federal Securities Laws and State Law Claims for Breaches of Fiduciary Duty, Corporate Waste and Unjust Enrichment)(Blasy, Mary) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mary Katherine Blasy to RE-FILE re: Document No. #31 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF must state 'Amended Complaint'; the wrong party/parties whom the pleading is against were selected; the pleading was filed incorrectly on the due date, therefore consent from the opposing party/parties or Court's leave will be required before re-filing the Amended Complaint. Re-file the pleading using the event type Amended Complaint 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pne) |
| Filing 31 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #1 Complaint, against Stuart Benson, Theodore Farnsworth, K. Muralikrishna Gadiyaram, Helios and Matheson Analytics, Inc., Gavriel Ralbag, Carl J. Schramm, Prathap Singh, Genadi Ignatov, Bridgette Dunn, Paulina Jankowska with JURY DEMAND.Document filed by John P. Dash, III, Genadi Ignatov, Bridgette Dunn, Paulina Jankowska. Related document: #1 Complaint,.(Blasy, Mary) Modified on 9/30/2019 (pne). |
| Filing 30 PROPOSED STIPULATION AND ORDER. Document filed by John P. Dash, III. (Blasy, Mary) |
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Filing 29
ORDER granting #9 Motion to Stay ; dismissing without prejudice #12 Motion to Dismiss; dismissing without prejudice #15 Motion to Dismiss: For the reasons stated on the record at the hearing on September 16, 2019, this case is stayed until a decision on the Motion to Dismiss in the related securities class action, In re Helios & Matheson Analytics, Inc. Securities Litigation, No. 18-cv-9695. The stay is without prejudice to the parties in this derivative action pursuing mediation. The plaintiff may file a stipulation to consolidate this case with the related derivative action Ignatov et al. v. Farnsworth et al., No. 19-cv-5728 and to appoint counsel in the consolidated action. Any stipulations and an amended complaint should be filed by September 27, 2019. The time to move or answer with respect to the amended complaint is stayed until a decision on the motion to dismiss the related securities class action. All pending motions to dismiss in this action are dismissed without prejudice. The Clerk is directed to close all pending motions. (Signed by Judge John G. Koeltl on 9/16/2019) (jwh)
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| Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument set for 9/16/2019 at 10:30 AM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (Fletcher, Donnie) |
| Filing 28 MEMORANDUM OF LAW in Support re: #9 MOTION to Stay . Reply Memorandum of Laaw. Document filed by Stuart Benson, Theodore Farnsworth, K. Muralikrishna Gadiyaram, Gavriel Ralbag, Carl J. Schramm, Prathap Singh. (Horowitz, Robert) |
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Filing 27
ORDER denying as moot #19 Motion for Extension of Time to File Response/Reply. The Clerk is directed to close docket number 19 because that application is now moot. SO ORDERED. (Signed by Judge John G. Koeltl on 8/7/2019) (ks)
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| Filing 26 MEMORANDUM OF LAW in Opposition re: #9 MOTION to Stay . . Document filed by John P. Dash, III. (Blasy, Mary) |
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Filing 25
ORDER GRANTING MOTION FOR ADMISSION OF PRO HAC VICE OF ERIK W. LUEDEKE granting #22 Motion for Erik W. Luedeke to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 7/12/2019) (rjm)
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Filing 24
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF BENNY C. GOODMAN III granting #23 Motion for Benny C. Goodman III to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 7/12/2019) (rjm)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Erik W. Luedeke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17230908. Motion and supporting papers to be reviewed by Clerk's Office staff., #23 MOTION for Benny C. Goodman III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17231207. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 23 MOTION for Benny C. Goodman III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17231207. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John P. Dash, III. (Attachments: #1 Affidavit Declaration of Benny C. Goodman III, #2 Exhibit A - Cal. Certificate of Good Standing, #3 Exhibit B - D.C. Certificate of Good Standing, #4 Text of Proposed Order Proposed Order)(Goodman, Benny) |
| Filing 22 MOTION for Erik W. Luedeke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17230908. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John P. Dash, III. (Attachments: #1 Affidavit Declaration of Erik W. Luedeke, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)(Luedeke, Erik) |
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Filing 21
STIPULATION AND SCHEDULING ORDER: IT IS HEREBY STIPULATED, CONSENTED TO AND AGREED, by and between the undersigned attorneys for the parties that: 1. Defendants, all of whom waived service of process herein in April 2019, filed a motion to stay and two motions to dismiss on June 21, 2019; 2. Though Plaintiffs responses to the motions to stay and dismiss are presently due on July 5, 2019, the parties have agreed, subject to the Court's approval, that Plaintiffs opposition to the motion to stay is not due until July 26, 2019 and that further briefing on Defendants' motions to dismiss shall be suspended pending resolution of Defendants' motion to stay; 3. Defendants' reply in support of their motion to stay is due August 9, 2019; and 4. In the event that Defendants' motion to stay is denied, Plaintiff shall have forty five (45) days to file its oppositions to Defendants' motions to dismiss and Defendants shall have thirty (30) days thereafter to file their replies in support of their motions to dismiss. (As further set forth in this order.) IT IS SO ORDERED. (Signed by Judge John G. Koeltl on 7/1/2019) ( Responses due by 7/26/2019, Replies due by 8/9/2019.) (ks)
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| Filing 20 PROPOSED SCHEDULING ORDER. Document filed by John P. Dash, III. (Blasy, Mary) |
| Filing 19 LETTER MOTION for Extension of Time to File Response/Reply Request for Conference addressed to Judge John G. Koeltl from Mary Blasy dated June 28, 2019. Document filed by John P. Dash, III.(Blasy, Mary) |
| Filing 18 NOTICE OF APPEARANCE by Mary Katherine Blasy on behalf of John P. Dash, III. (Blasy, Mary) |
| Filing 17 MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss . . Document filed by Stuart Benson, Theodore Farnsworth, K. Muralikrishna Gadiyaram, Helios and Matheson Analytics, Inc., Gavriel Ralbag, Prathap Singh. (Horowitz, Robert) |
| Filing 16 NOTICE of in Support of Motion to Dismiss re: #15 MOTION to Dismiss .. Document filed by Stuart Benson, Theodore Farnsworth, K. Muralikrishna Gadiyaram, Helios and Matheson Analytics, Inc., Gavriel Ralbag, Prathap Singh. (Attachments: #1 Exhibit A - Helios Form 8- K, #2 Exhibit B - Helios Form 10- Q, #3 Exhibit C - Helios Form 10- K (a), #4 Exhibit D - Helios Form 12b-25, #5 Exhibit E - SEC Form 4, #6 Exhibit F - Helios Form 10- K (b))(Horowitz, Robert) |
| Filing 15 MOTION to Dismiss . Document filed by Stuart Benson, Theodore Farnsworth, K. Muralikrishna Gadiyaram, Helios and Matheson Analytics, Inc., Gavriel Ralbag, Prathap Singh.(Horowitz, Robert) |
| Filing 14 MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss All Counts Against Defendant Carl J. Schramm. . Document filed by Carl J. Schramm. (Figel, Reid) |
| Filing 13 AFFIDAVIT of David L. Schwarz in Support re: #12 MOTION to Dismiss All Counts Against Defendant Carl J. Schramm.. Document filed by Carl J. Schramm. (Attachments: #1 Exhibit A - Schedule 14A, #2 Exhibit B - Form 8-K, #3 Exhibit C - Form 10-Q, #4 Exhibit D - Form 10-K, #5 Exhibit E - Certificate of Incorporation)(Figel, Reid) |
| Filing 12 MOTION to Dismiss All Counts Against Defendant Carl J. Schramm. Document filed by Carl J. Schramm.(Figel, Reid) |
| Filing 11 MEMORANDUM OF LAW in Support re: #9 MOTION to Stay . . Document filed by Stuart Benson, Theodore Farnsworth, K. Muralikrishna Gadiyaram, Helios and Matheson Analytics, Inc., Gavriel Ralbag, Carl J. Schramm, Prathap Singh. (Horowitz, Robert) |
| Filing 10 DECLARATION of Robert Horowitz in Support re: #9 MOTION to Stay .. Document filed by Stuart Benson, Theodore Farnsworth, K. Muralikrishna Gadiyaram, Helios and Matheson Analytics, Inc., Gavriel Ralbag, Carl J. Schramm, Prathap Singh. (Attachments: #1 Exhibit A- Yu Chen Action, #2 Exhibit B- Stipulation stay of action, #3 Exhibit C- Prokpiev Action, #4 Exhibit D- Stipulation consolidate, #5 Exhibit E- LichterAction, #6 Exhibit F- Amended Stipulation)(Horowitz, Robert) |
| Filing 9 MOTION to Stay . Document filed by Stuart Benson, Theodore Farnsworth, K. Muralikrishna Gadiyaram, Helios and Matheson Analytics, Inc., Gavriel Ralbag, Carl J. Schramm, Prathap Singh.(Horowitz, Robert) |
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Filing 8
ORDER FOR ADMISSION PRO HAC VICE granting #7 Motion for David L. Schwarz to Appear Pro Hac Vice. The motion of David L. Schwarz, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge John G. Koeltl on 5/8/19) (yv)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for David L. Schwarz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16839507. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 7 MOTION for David L. Schwarz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16839507. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carl J. Schramm. (Attachments: #1 Affidavit of David L. Schwarz, #2 DC Bar Certificate of Good Standing, #3 California Bar Certificate of Good Standing, #4 Text of Proposed Order)(Schwarz, David) |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Carl J. Schramm waiver sent on 4/22/2019, answer due 6/21/2019. Document filed by John P. Dash, III. (Rudman, Samuel) |
| Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. Stuart Benson waiver sent on 4/22/2019, answer due 6/21/2019; Theodore Farnsworth waiver sent on 4/22/2019, answer due 6/21/2019; K. Muralikrishna Gadiyaram waiver sent on 4/22/2019, answer due 6/21/2019; Helios and Matheson Analytics, Inc. waiver sent on 4/22/2019, answer due 6/21/2019; Gavriel Ralbag waiver sent on 4/22/2019, answer due 6/21/2019; Prathap Singh waiver sent on 4/22/2019, answer due 6/21/2019. Document filed by John P. Dash, III. (Rudman, Samuel) |
| Filing 4 NOTICE OF APPEARANCE by Reid Mason Figel on behalf of Carl J. Schramm. (Figel, Reid) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-06965-JGK. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Unassigned is no longer assigned to the case. (wb) |
| Magistrate Judge Barbara C. Moses 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. (wb) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Samuel Howard Rudman. The party information for the following party/parties has been modified: John P. Dash, III; Helios and Matheson Analytics, Inc.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj) |
| Case Designated ECF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| CASE REFERRED TO Judge John G. Koeltl as possibly related to 1:18cv6965. (sj) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-CV-06965. Document filed by John P. Dash, III.(Rudman, Samuel) |
| Filing 2 CIVIL COVER SHEET filed. (Rudman, Samuel) |
| Filing 1 COMPLAINT against Stuart Benson, Theodore Farnsworth, K. Muralikrishna Gadiyaram, Helios and Matheson Analytics, Inc., Gavriel Ralbag, Carl J. Schramm, Prathap Singh. (Filing Fee $ 400.00, Receipt Number ANYSDC-16591455)Document filed by John P. Dash, III.(Rudman, Samuel) |
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