Mason v. Amtrust Financial Services, Inc. et al
| Eugene Mason |
| Amtrust Financial Services, Inc. and David Lewis |
| 1:2019cv08364 |
| September 9, 2019 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on December 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 32 MOTION to Dismiss (Corrected). Document filed by Amtrust Financial Services, Inc., David Lewis.(Vita, William) |
| Filing 31 MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss . . Document filed by Amtrust Financial Services, Inc., David Lewis. (Vita, William) |
| Filing 30 AFFIRMATION of William E. Vita in Support re: #29 MOTION to Dismiss .. Document filed by Amtrust Financial Services, Inc., David Lewis. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Vita, William) |
| Filing 29 MOTION to Dismiss . Document filed by Amtrust Financial Services, Inc., David Lewis.(Vita, William) |
| Filing 28 AMENDED COMPLAINT amending #25 Amended Complaint,, #23 Amended Complaint, #1 Complaint against Amtrust Financial Services, Inc., David Lewis.Document filed by Eugene Mason. Related document: #25 Amended Complaint,, #23 Amended Complaint, #1 Complaint. (Attachments: #1 Exhibit Endorsed Letter From Court)(Meisner, Richard) |
| Filing 27 ENDORSED LETTER addressed to Judge Denise L. Cote from Richard S. Meisner dated 10/22/2019 re: Request for Leave re-file the Amended Verified Complaint. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 10/22/2019) (gr) |
| Filing 26 LETTER addressed to Judge Denise L. Cote from Richard S. Meisner dated 10/22/2019 re: Request for Leave. Document filed by Eugene Mason.(Meisner, Richard) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard Seth Meisner to RE-FILE re: Document No. #25 Amended Complaint,, #23 Amended Complaint,. The filing is deficient for the following reason(s): the pleading was not signed by the attorney; due to deficient filing on due date, Court's leave must be granted. 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. (jgo) |
| Filing 25 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - AMENDED COMPLAINT amending #1 Complaint against Amtrust Financial Services, Inc., David Lewis.Document filed by Eugene Mason. Related document: #1 Complaint. (Attachments: #1 Affidavit Mason Declaration, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Supplement Memorandum of Law)(Meisner, Richard) Modified on 10/21/2019 (jgo). |
| Filing 24 AMENDED BRIEF re: #3 Proposed Order to Show Cause Without Emergency Relief . Document filed by Eugene Mason.(Meisner, Richard) |
| Filing 23 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - AMENDED COMPLAINT amending #1 Complaint against Amtrust Financial Services, Inc., David Lewis.Document filed by Eugene Mason. Related document: #1 Complaint.(Meisner, Richard) Modified on 10/21/2019 (jgo). |
| Filing 22 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/3/19 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 21 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/3/2019 before Judge Denise L. Cote. Court Reporter/Transcriber: Rebecca Forman, (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 11/7/2019. Redacted Transcript Deadline set for 11/18/2019. Release of Transcript Restriction set for 1/15/2020.(McGuirk, Kelly) |
Filing 20
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for Thursday, November 21, 2019 at 2:00 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Parties must attend in-person with their counsel. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than Thursday, November 14, 2019 by 5:00 p.m. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/10/2019) Settlement Conference set for 11/21/2019 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (ks)
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| NOTICE TO THE PARTIES'- CHANGE OF TIME: The telephone conference scheduled for Thursday, October 10, 2019 at 5:00 p.m. WILL NOW BEGIN AT 2:00 P.M. Counsel for the parties are directed to call Judge Parker's Chambers at the scheduled time with counsel for all parties on the line. Please dial 212-805-0234. re: #19 Scheduling Order. (ca) |
| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 10/10/2019. (ca) |
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Filing 19
ORDER SCHEDULING TELEPHONE CONFERENCE: This case has been referred to me for settlement purposes (docket no. 18). A telephone conference will be held on Thursday, October 10, 2019 at 5:00 p.m. in advance of a settlement conference. The parties are directed to review Judge Parker's Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. Counsel for the parties are directed to call Judge Parker's Chambers at the scheduled time with counsel for all parties on the line. Please dial 212-805-0234. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/4/2019) Telephone Conference set for 10/10/2019 at 05:00 PM before Magistrate Judge Katharine H. Parker. (ks)
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| Filing 18 LETTER addressed to Magistrate Judge Katharine H. Parker from William E. Vita dated October 4, 2019 re: meeting to discuss resolution of matter. Document filed by Amtrust Financial Services, Inc., David Lewis.(Vita, William) |
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Filing 17
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 Katharine H. Parker. (Signed by Judge Denise L. Cote on 10/3/2019) (gr)
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Filing 16
ORDER:On September 9, 2019, plaintiff commenced this action by filing a complaint and motion for a preliminary injunction. On October 2, defendants filed a motion to dismiss the complaint. A conference was held on October 3, at which plaintiffs counsel stated that, rather than oppose the October 2 motion to dismiss, an amended complaint and an amended motion for a preliminary injunction would be filed. As set forth at the October 3 conference, it is hereby ORDERED that the parties are instructed to contact the chambers of Magistrate Judge Parker prior to October 4, 2019 in order to pursue settlement discussions under her supervision to occur before November 22. IT IS FURTHER ORDERED that plaintiff shall file an amended motion for a preliminary injunction, if any, by October 18, 2019. IT IS FURTHER ORDERED that no additional parties may be joined or pleadings amended after October 18, 2019. It is unlikely that plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that defendants shall file a motion to dismiss the amended complaint or answer the amended complaint by November 8, 2019. If defendants file a motion to dismiss, plaintiff must file an opposition by December 6. A reply, if any, is due December 20. At the time any reply is served the moving party shall supply two courtesy copies of all motion papers to Chambers by mail or delivery to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that the parties shall submit a letter to the Court by November 15, 2019, proposing a briefing schedule on any amended motion for a preliminary injunction. (Signed by Judge Denise L. Cote on 10/3/2019) (gr)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Conference held on 10/3/2019. (Court Reporter Rebecca Forman) (gr) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Amtrust Financial Services, Inc., David Lewis.(Vita, William) |
| Filing 14 MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss Plaintiff's Complaint in Lieu of Answer. . Document filed by Amtrust Financial Services, Inc., David Lewis. (Vita, William) |
| Filing 13 AFFIRMATION of William E. Vita in Support re: #12 MOTION to Dismiss Plaintiff's Complaint in Lieu of Answer.. Document filed by Amtrust Financial Services, Inc., David Lewis. (Attachments: #1 Exhibit)(Vita, William) |
| Filing 12 MOTION to Dismiss Plaintiff's Complaint in Lieu of Answer. Document filed by Amtrust Financial Services, Inc., David Lewis.(Vita, William) |
| Filing 11 LETTER addressed to Judge Denise L. Cote from William E. Vita dated September 27, 2019 re: issues to be raised at pre-motion conference. Document filed by Amtrust Financial Services, Inc., David Lewis. (Attachments: #1 Exhibit)(Vita, William) |
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Filing 10
ORDER granting #8 Letter Motion for Extension of Time to Answer Amtrust Financial Services, Inc. The time to answer is extended to 10/2/2019. (Signed by Judge Denise L. Cote on 9/25/2019) (gr)
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Filing 9
ORDER granting #7 Letter Motion for Extension of Time to Answer David Lewis. The time to answer is extended to 10/2/2019. (Signed by Judge Denise L. Cote on 9/25/2019) (gr)
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| Filing 8 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Denise L. Cote from William E. Vita dated September 20, 2019. Document filed by Amtrust Financial Services, Inc.. (Attachments: #1 Exhibit)(Vita, William) |
| Filing 7 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Denise L. Cote from William E. Vita dated September 17, 2019. Document filed by David Lewis. (Attachments: #1 Exhibit)(Vita, William) |
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Filing 6
ORDER: On September 9, 2019, plaintiff filed a complaint and motion for a preliminary injunction. It is hereby ORDERED that plaintiff shall effectuate service of the complaint and preliminary injunction motion on defendants by September 13, 2019. IT IS FURTHER ORDERED that a conference to discuss the preliminary injunction motion is scheduled for October 3, 2019 at 10:00 a.m. in Courtroom 18B, 500 Pearl Street. This conference must be attended by the attorney who will serve as principal trial counsel. Defendants need not file an opposition to the preliminary injunction motion prior to the conference, where a schedule for the preliminary injunction motion shall be set. (Signed by Judge Denise L. Cote on 9/11/2019) (gr)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #3 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt) |
| Filing 5 CIVIL COVER SHEET filed. (Meisner, Richard) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Richard Seth Meisner to RE-FILE Document. The filing is deficient for the following reason(s): Nature of Suit 890 can not be selected with [4 Diversity] Jurisdiction; Jurisdiction for this Nature of Suit must be [1 U.S Plaintiff], [2 U.S. Defendant], or [3 Federal Question]. The Civil Cover Sheet should not be filed as an attachment to another document. 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.. (pne) |
| 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. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard Seth Meisner. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 4 (Diversity); Nature of Suit code 190 (Contract: Other); County code Albany. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 3 (Federal Question); the Nature of Suit code has been modified to 890 (Other Statutory Actions); the County code has been modified to XX Out of State. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Richard Seth Meisner regarding Document No. #4 Statement of Relatedness. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the related case statement is not correct. (pne) |
| Filing 4 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RELATED CASE AFFIDAVIT of Eugene Mason re: that this action be filed as related to 19-cv-8364. Document filed by Eugene Mason. (Attachments: #1 Exhibit Offer of Employment, #2 Exhibit Email attaching pricing tool, #3 Exhibit CPRA Memo, #4 Exhibit Cease & Desist)(Meisner, Richard) Modified on 9/10/2019 (pne). |
| Filing 3 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Eugene Mason. (Meisner, Richard) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 2 BRIEF re: #1 Complaint Memorandum of Law. Document filed by Eugene Mason.(Meisner, Richard) |
| Filing 1 COMPLAINT against Amtrust Financial Services, Inc., David Lewis. (Filing Fee $ 400.00, Receipt Number ANYSDC-17566684)Document filed by Eugene Mason. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Meisner, Richard) |
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