Rubenstein v. Knight-Swift Transportation Holdings Inc. et al
| Mark Rubenstein |
| Jerry Moyes, Vickie Moyes and Jerry C. Moyes |
| Knight-Swift Transportation Holdings Inc. |
| 1:2019cv07802 |
| August 20, 2019 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.
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Filing 41
DECLARATION of Molly L. Leiwant in Support re: #27 MOTION to Dismiss the First Amended Complaint.. Document filed by Jerry C. Moyes, Vickie Moyes. (Attachments: #1 Exhibit R-A, #2 Exhibit R-B).(Leiwant, Molly)
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Filing 40
REPLY MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss the First Amended Complaint. . Document filed by Jerry C. Moyes, Vickie Moyes..(Winawer, Lloyd)
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Filing 39
ORDER granting #38 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. Replies due by 2/7/2020. (Signed by Judge Katherine Polk Failla on 1/31/2020) (mro)
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Filing 38
LETTER MOTION for Extension of Time to File Response/Reply in further support of their Motion to Dismiss Plaintiff's Amended Complaint addressed to Judge Katherine Polk Failla from Molly Leiwant dated January 31, 2020. Document filed by Jerry C. Moyes, Vickie Moyes..(Leiwant, Molly)
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Filing 37
ORDER granting #34 Letter Motion for Leave to File Document. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/24/2020) (rro)
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Filing 36
AFFIRMATION of Miriam Tauber (Attorney for Plaintiff) in Opposition re: #27 MOTION to Dismiss the First Amended Complaint., #34 LETTER MOTION for Leave to File Corrected Submission in Opposition to Defendants' Motion to Dismiss (Defendants Consent to This Request) addressed to Judge Katherine Polk Failla from Miriam Tauber (Attorney for Plaintiff) dated January. Document filed by Mark Rubenstein. (Attachments: #1 Exhibit Ex 1 - Rubenstei v Cosmos Transcript, #2 Exhibit Ex 2 - Sched 13DA (Orig. Repo, May 2014, #3 Exhibit Ex 3 - Sched 13DA (Forward Amendments, Aug 2019))(Tauber, Miriam)
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Filing 35
AMENDED MEMORANDUM OF LAW in Opposition re: #27 MOTION to Dismiss the First Amended Complaint., #34 LETTER MOTION for Leave to File Corrected Submission in Opposition to Defendants' Motion to Dismiss (Defendants Consent to This Request) addressed to Judge Katherine Polk Failla from Miriam Tauber (Attorney for Plaintiff) dated January 24, 2020. Document filed by Mark Rubenstein. (Tauber, Miriam)
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Filing 34
LETTER MOTION for Leave to File Corrected Submission in Opposition to Defendants' Motion to Dismiss (Defendants Consent to This Request) addressed to Judge Katherine Polk Failla from Miriam Tauber (Attorney for Plaintiff) dated January 24, 2020. Document filed by Mark Rubenstein.(Tauber, Miriam)
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Filing 33
AFFIRMATION of Miriam Tauber (Attorney for Plaintiff) in Opposition re: #27 MOTION to Dismiss the First Amended Complaint.. Document filed by Mark Rubenstein. (Attachments: #1 Exhibit Ex 1 - Rubenstein v Cosmos Transcript, #2 Exhibit Ex 2 - 2014 13DA)(Tauber, Miriam)
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Filing 32
MEMORANDUM OF LAW in Opposition re: #27 MOTION to Dismiss the First Amended Complaint. . Document filed by Mark Rubenstein. (Tauber, Miriam)
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Filing 31
ORDER granting #30 Letter Motion for Extension of Time to File Response/Reply re #27 MOTION to Dismiss the First Amended Complaint. Responses due by 1/21/2020 Replies due by 2/4/2020. Application GRANTED. The briefing schedule is hereby amended such that Plaintiff's opposition brief is due January 21, 2020, and Defendants' reply brief is due February 4, 2020. (Signed by Judge Katherine Polk Failla on 1/17/2020) (rro)
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Filing 30
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss the First Amended Complaint., #29 Declaration in Support of Motion, #24 Order on Motion for Conference,,, #28 Memorandum of Law in Support of Motion (Request for 3 day extension of time to file Plaintiff's opposition, with mutual 3-day extension of Defendants' time to file their reply) addressed to Judge Katherine Polk Failla from Miriam Tauber (Attorney for Plaintiff Mark Rubenstein) dated January 16, 2020. Document filed by Mark Rubenstein.(Tauber, Miriam)
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Filing 29
DECLARATION of Molly L. Leiwant in Support re: #27 MOTION to Dismiss the First Amended Complaint.. Document filed by Jerry C. Moyes, Vickie Moyes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Leiwant, Molly)
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Filing 28
MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss the First Amended Complaint. . Document filed by Jerry C. Moyes, Vickie Moyes. (Winawer, Lloyd)
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Filing 27
MOTION to Dismiss the First Amended Complaint. Document filed by Jerry C. Moyes, Vickie Moyes.(Winawer, Lloyd)
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Filing 26
ANSWER to #25 Amended Complaint. Document filed by Knight-Swift Transportation Holdings Inc..(Keats, Michael)
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Filing 25
FIRST AMENDED COMPLAINT amending #1 Complaint against Knight-Swift Transportation Holdings Inc., Jerry C. Moyes, Vickie Moyes with JURY DEMAND.Document filed by Mark Rubenstein. Related document: #1 Complaint.(Tauber, Miriam)
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Filing 24
MEMO ENDORSEMENT on re: #22 Letter informing the Court that the Defendants consent to Plaintiff filing an amended complaint., filed by Knight-Swift Transportation Holdings Inc., Vickie Moyes, Jerry C. Moyes. ENDORSEMENT: Given the parties' representations to the Court made in the letters at Dkt. # 19, 20, and 22, the Court will dispense with it's pre-motion conference requirement andset the following schedule : Plaintiff must file his Amended Complaint on or before November 11, 2019. Defendants must answer or otherwise move with respond the Amended Complaint on or before December 13, 2019. If Defendants move to dismiss the Amended Complaint, Plaintiff shall file an opposition brief on or before January 17, 2020. Defendants may file a reply brief or before January 31, 2020. The initial pretrial conference in this case, previously scheduled for December 11, 2019 is hereby ADJOURNED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/29/19) (yv)
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Set/Reset Deadlines: Amended Pleadings due by 11/11/2019. Responses due by 1/17/2020. Replies due by 1/31/2020. (yv)
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Filing 23
NOTICE of Stipulation Consenting to Filing of Amended Complaint re: #22 Letter, #21 Memo Endorsement,,. Document filed by Knight-Swift Transportation Holdings Inc.. (Azrak, Chelsea)
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Filing 22
JOINT LETTER addressed to Judge Katherine Polk Failla from Counsel to Defendants and Nominal Defendant dated October 29, 2019 re: pursuant to the Court's October 25, 2019 endorsed order, informing the Court that the Defendants consent to Plaintiff filing an amended complaint. Document filed by Knight-Swift Transportation Holdings Inc., Jerry C. Moyes, Vickie Moyes.(Azrak, Chelsea)
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Filing 21
MEMO ENDORSEMENT on re: #20 Response in Opposition to Motion, filed by Mark Rubenstein. ENDORSEMENT: The Court is in receipt of Defendants' letter of October 21, 2019 (Dkt. #19), and Plaintiff's reply thereto (Dkt. #20). Given Plaintiff's proposed amended complaint, the Court hereby ORDERS Defendants to submit a letter to the Court, on or before October 30, 2019, indicating whether they consent to the proposed amended complaint and, if so, whether they would like the Court to schedule a pre-motion conference, to schedule a time to file an answer, or to set a briefing schedule for a motion to dismiss. (Signed by Judge Katherine Polk Failla on 10/25/2019) (rro)
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Filing 20
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Miriam Tauber (Attorney for Plaintiff) dated 10/24/2019 re: #19 LETTER MOTION for Conference in anticipation of filing a motion to dismiss addressed to Judge Katherine Polk Failla from Mark Holland dated October 21, 2019. . Document filed by Mark Rubenstein. (Tauber, Miriam)
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Filing 19
LETTER MOTION for Conference in anticipation of filing a motion to dismiss addressed to Judge Katherine Polk Failla from Mark Holland dated October 21, 2019. Document filed by Jerry C. Moyes, Vickie Moyes.(Holland, Mark)
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Filing 18
ANSWER to #1 Complaint. Document filed by Knight-Swift Transportation Holdings Inc..(Keats, Michael)
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Filing 17
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Knight-Swift Transportation Holdings Inc..(Keats, Michael)
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Filing 16
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff Mark Rubenstein and Nominal Defendant Knight-Swift Transportation Holdings Inc., that, with the Court's permission, the deadline for Knight-Swift Transportation Holdings Inc. to answer or otherwise respond to the complaint is October 21, 2019. (Signed by Judge Katherine Polk Failla on 9/18/2019) (mro)
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Filing 15
PROPOSED STIPULATION AND ORDER. Document filed by Knight-Swift Transportation Holdings Inc.. (Azrak, Chelsea)
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Filing 14
NOTICE OF APPEARANCE by Molly Louise Leiwant on behalf of Jerry C. Moyes, Vickie Moyes. (Leiwant, Molly)
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Filing 13
NOTICE OF APPEARANCE by Mark Holland on behalf of Jerry C. Moyes, Vickie Moyes. (Holland, Mark)
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Filing 12
NOTICE OF APPEARANCE by Lloyd Winawer on behalf of Jerry C. Moyes, Vickie Moyes. (Winawer, Lloyd)
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Filing 11
WAIVER OF SERVICE RETURNED EXECUTED. Knight-Swift Transportation Holdings Inc. waiver sent on 8/21/2019, answer due 10/21/2019. Document filed by Mark Rubenstein. (Tauber, Miriam)
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Filing 10
WAIVER OF SERVICE RETURNED EXECUTED. Jerry C. Moyes waiver sent on 8/21/2019, answer due 10/21/2019; Vickie Moyes waiver sent on 8/21/2019, answer due 10/21/2019. Document filed by Mark Rubenstein. (Tauber, Miriam)
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Filing 9
AFFIDAVIT OF SERVICE of Summons and Complaint. Knight-Swift Transportation Holdings Inc. served on 9/11/2019, answer due 10/2/2019. Service was accepted by Todd Cantrill (GC, Knight-Swift). Document filed by Mark Rubenstein. (Tauber, Miriam)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Knight-Swift Transportation Holdings Inc., Jerry C. Moyes, Vickie Moyes. (sj)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Knight-Swift Transportation Holdings Inc. (Nominal Defendant); and Jerry C. Moyes and Vickie Moyes (Defendants), re: #1 Complaint. Document filed by Mark Rubenstein. (Tauber, Miriam)
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Filing 6
NOTICE OF APPEARANCE by Chelsea P. Azrak on behalf of Knight-Swift Transportation Holdings Inc.. (Azrak, Chelsea)
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Filing 5
NOTICE OF APPEARANCE by Michael Courtney Keats on behalf of Knight-Swift Transportation Holdings Inc.. (Keats, Michael)
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Filing 4
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/11/2019 at 02:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 8/28/2019) (ks)
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Filing 3
NOTICE OF APPEARANCE by David Lopez on behalf of Mark Rubenstein. (Lopez, David)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Lopez. The party information for the following party/parties has been modified: Jerry Moyes. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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)
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Case Designated ECF. (pc)
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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. (pc)
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Filing 2
CIVIL COVER SHEET filed. (Tauber, Miriam)
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Filing 1
COMPLAINT against Knight-Swift Transportation Holdings Inc., Jerry Moyes, Vickie Moyes. (Filing Fee $ 400.00, Receipt Number ANYSDC-17462416)Document filed by Mark Rubenstein.(Tauber, Miriam)
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