Silverman v. Payward, Inc. et al
| Jonathan Silverman |
| Payward Ventures, Inc., Infinitude, Ltd. and Payward, Inc. |
| David C. Silver |
| 1:2019cv02997 |
| April 4, 2019 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 16, 2019. A more recent docket listing may be available from PACER.
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| Filing 44 JOINT STIPULATION AND VOLUNTARY DISMISSAL WITH PREJUDICE: Plaintiff JONATHAN SILVERMAN ("Plaintiff"); and Defendants PAYWARD, INC.; PAYWARD VENTURES, INC.; and INFINITUDE, LTD. ("Defendants") (Plaintiff and Defendants collectively the "Parties"), pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii) and 41(c), hereby jointly stipulate and agree to dismiss with prejudice all claims asserted by all Parties in this matter. (Signed by Judge Jed S. Rakoff on 10/16/2019) (cf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Silver, David. RE-FILE Document No. #43 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned wet signature image) PDF. (tp) |
| Filing 43 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - 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) Infinitude, Ltd., Payward Ventures, Inc., Payward, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Jonathan Silverman. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Silver, David) Modified on 10/16/2019 (tp). |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/2/2019, ( Final Pretrial Conference set for 12/18/2019 at 02:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda) |
| Filing 42 NOTICE OF APPEARANCE by William Tyler Perry on behalf of Infinitude, Ltd., Payward Ventures, Inc., Payward, Inc.. (Perry, William) |
| Filing 41 NOTICE OF APPEARANCE by Andrew Jay Lorin on behalf of Infinitude, Ltd., Payward Ventures, Inc., Payward, Inc.. (Lorin, Andrew) |
| Filing 40 ANSWER to #37 Counterclaim. Document filed by Jonathan Silverman.(Silver, David) |
Filing 39
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jed S. Rakoff on 7/15/2019) (mro)
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/15/2019. (Kotowski, Linda) |
| Filing 38 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Infinitude, Ltd., Payward Ventures, Inc., Payward, Inc..(Lavigne, Christopher) |
| Filing 37 ANSWER to #33 Amended Complaint., COUNTERCLAIM against Jonathan Silverman. Document filed by Infinitude, Ltd., Payward Ventures, Inc., Payward, Inc..(Lavigne, Christopher) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/1/2019. (Kotowski, Linda) |
| Filing 36 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 6/3/19 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 35 TRANSCRIPT of Proceedings re: argument held on 6/3/2019 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Kristen Carannante, (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 7/19/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/26/2019.(McGuirk, Kelly) |
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Filing 34
MEMORANDUM ORDER denying #30 Motion for Reconsideration: Accordingly, the motion for reconsideration is denied. The Clerk is instructed to close docket entry number 30. (Signed by Judge Jed S. Rakoff on 6/21/2019) (jwh)
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| Filing 33 AMENDED COMPLAINT amending #1 Complaint against Infinitude, Ltd., Payward Ventures, Inc., Payward, Inc. with JURY DEMAND.Document filed by Jonathan Silverman. Related document: #1 Complaint. (Attachments: #1 Exhibit A)(Silver, David) |
| Filing 32 MEMORANDUM OF LAW in Opposition re: #30 MOTION for Reconsideration . . Document filed by Jonathan Silverman. (Silver, David) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 6/13/2019. (Kotowski, Linda) |
| Filing 31 MEMORANDUM OF LAW in Support re: #30 MOTION for Reconsideration . . Document filed by Infinitude, Ltd., Payward Ventures, Inc., Payward, Inc.. (Lavigne, Christopher) |
| Filing 30 MOTION for Reconsideration . Document filed by Infinitude, Ltd., Payward Ventures, Inc., Payward, Inc..(Lavigne, Christopher) |
| Filing 29 CIVIL CASE MANAGEMENT PLAN: Ready for Trial by 10/18/2019. This case is to be tried to a jury. Amended Pleadings due by 6/21/2019. Joinder of Parties due by 6/14/2019. Interrogatories pursuant to Rule 33.3(a) of the Local Civil Rules of the Southern District of New York must be served by 6/10/2019. Every party-proponent of a claim (including any counterclaim, cross-claim, or third-party claim) that intends to offer expert testimony in respect of such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by 8/2/2019. Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by 8/16/2019. Deposition due by 9/9/2019. Discovery due by 9/9/2019. Motions due by 9/23/2019. Responses due by 10/7/2019. Replies due by 10/14/2019. Oral Argument set for 10/18/2019 at 04:00 PM before Judge Jed S. Rakoff. Final Pretrial Conference set for 10/18/2019 at 04:00 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 6/3/2019) (jwh) |
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Filing 28
ORDER denying #18 Motion to Dismiss: Before the Court is defendants' motion to dismiss. See Dkt. 18. For the reasons stated from the bench, see Transcript, June 3, 2019, defendants' motion is denied in its entirety. The Clerk is instructed to close docket entry number 18. (Signed by Judge Jed S. Rakoff on 6/3/2019) (jwh)
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| Filing 27 PROPOSED CASE MANAGEMENT PLAN. Document filed by Jonathan Silverman. (Silver, David) |
| Filing 26 SEALED DOCUMENT placed in vault.(mhe) |
| Filing 25 DECLARATION of Pamela Merkadeau in Support re: #18 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rules of Civil Procedures 12(b)(6).. Document filed by Infinitude, Ltd., Payward Ventures, Inc., Payward, Inc.. (Attachments: #1 Merkadeau Exhibit A, #2 Merkadeau Exhibit B, #3 Merkadeau Exhibit C)(Lavigne, Christopher) |
| Filing 24 REPLY MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rules of Civil Procedures 12(b)(6). . Document filed by Infinitude, Ltd., Payward Ventures, Inc., Payward, Inc.. (Lavigne, Christopher) |
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Filing 23
ORDER GRANTING DEFENDANTS' MOTION FOR LEAVE TO FILE REPLY MEMORANDUM AND ACCOMPANYING EXHIBITS UNDER SEAL: ORDERED that Defendants' Motion for Leave to File Reply Memorandum and accompanying exhibits under seal be GRANTED. Defendants will file public redacted versions of any documents filed under seal. (Signed by Judge Jed S. Rakoff on 5/24/2019) (jwh)
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| Filing 22 PROPOSED ORDER. Document filed by Infinitude, Ltd., Payward Ventures, Inc., Payward, Inc.. (Lavigne, Christopher) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #22 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 21 MEMORANDUM OF LAW in Opposition re: #18 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rules of Civil Procedures 12(b)(6). . Document filed by Jonathan Silverman. (Silver, David) |
| Filing 20 DECLARATION of Pamela Merkadeau in Support re: #18 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rules of Civil Procedures 12(b)(6).. Document filed by Infinitude, Ltd., Payward Ventures, Inc., Payward, Inc.. (Lavigne, Christopher) |
| Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rules of Civil Procedures 12(b)(6). . Document filed by Infinitude, Ltd., Payward Ventures, Inc., Payward, Inc.. (Lavigne, Christopher) |
| Filing 18 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rules of Civil Procedures 12(b)(6). Document filed by Infinitude, Ltd., Payward Ventures, Inc., Payward, Inc..(Lavigne, Christopher) |
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Filing 17
ORDER GRANTING DAVID C. SILVER'S MOTION FOR ADMISSION PRO HAC VICE granting #16 Motion for David C. Silver to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 5/2/2019) (ne)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 CONSENT MOTION for David C. Silver to Appear Pro Hac Vice as counsel for Plaintiff. Filing fee $ 200.00, receipt number ANYSDC-16787099. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 16 CONSENT MOTION for David C. Silver to Appear Pro Hac Vice as counsel for Plaintiff. Filing fee $ 200.00, receipt number ANYSDC-16787099. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David C. Silver. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Silver, David) |
| Filing 15 MOTION to Dismiss . Document filed by Infinitude, Ltd., Payward Ventures, Inc., Payward, Inc.. Responses due by 5/17/2019 Return Date set for 6/3/2019 at 04:30 PM.(Lavigne, Christopher) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/25/2019, ( Initial Conference set for 6/3/2019 at 04:30 PM before Judge Jed S. Rakoff., Oral Argument set for 6/3/2019 at 04:30 PM before Judge Jed S. Rakoff.). (Kotowski, Linda) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/24/2019. (Kotowski, Linda) |
| Filing 14 NOTICE OF APPEARANCE by Christopher Norman Lavigne on behalf of Infinitude, Ltd., Payward Ventures, Inc., Payward, Inc.. (Lavigne, Christopher) |
| Filing 13 SUMMONS RETURNED EXECUTED. Infinitude, Ltd. served on 4/9/2019, answer due 4/30/2019. Service was accepted by Lisa Kline, Managing Agent of Harvard Business Services, Inc.. Document filed by Jonathan Silverman. (Braunstein, Michael) |
| Filing 12 SUMMONS RETURNED EXECUTED. Payward Ventures, Inc. served on 4/9/2019, answer due 4/30/2019. Service was accepted by Lisa Kline, Managing Agent of Harvard Business Services, Inc.. Document filed by Jonathan Silverman. (Braunstein, Michael) |
| Filing 11 SUMMONS RETURNED EXECUTED. Payward, Inc. served on 4/9/2019, answer due 4/30/2019. Service was accepted by Lisa Kline, Managing Agent of Harvard Business Services, Inc.. Document filed by Jonathan Silverman. (Braunstein, Michael) |
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Filing 10
NOTICE OF COURT CONFERENCE: Initial Conference set for 5/3/2019 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, as further set forth in this order. (Signed by Judge Jed S. Rakoff on 4/12/2019) (jwh)
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| Filing 9 NOTICE of Civil Cover Sheet. Document filed by Jonathan Silverman. (Braunstein, Michael) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Payward, Inc.. (jgo) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Payward Ventures, Inc.. (jgo) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Infinitude, Ltd.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Louis Braunstein. The following case opening statistical information was erroneously selected/entered: Dollar Demand $2000000000; Arbitration code e (Exempt);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $2000000; the Arbitration code has been deleted;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael Louis Braunstein to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF was not signed by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Louis Braunstein. The party information for the following party/parties has been modified: Jonathan Silverman; Payward, Inc.; Payward Ventures, Inc.; Infinitude, Ltd.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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 Ona T. Wang 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 5 REQUEST FOR ISSUANCE OF SUMMONS as to Infinitude, Ltd., re: #1 Complaint. Document filed by Jonathan Silverman. (Braunstein, Michael) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Payward Ventures, Inc., re: #1 Complaint. Document filed by Jonathan Silverman. (Braunstein, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Payward, Inc., re: #1 Complaint. Document filed by Jonathan Silverman. (Braunstein, Michael) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Braunstein, Michael) Modified on 4/5/2019 (jgo). |
| Filing 1 COMPLAINT against Infinitude, Ltd., Payward Ventures, Inc., Payward, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16620478)Document filed by Jonathan Silverman. (Attachments: #1 Exhibit A)(Braunstein, Michael) |
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