Philadelphia Indemnity Insurance Company v. Meza et al
| Philadelphia Indemnity Insurance Company |
| Nicholas Cascio, Futures Group IT LLC, Deogene Meza, Melody Meza, Futures Group Staffing Solutions, Inc., Futures Group Holdings Inc. and Eric Rosenthal |
| 1:2019cv08658 |
| September 17, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Insurance |
| 28 U.S.C. § 2201 dj Declaratory Judgment |
| Defendant |
Docket Report
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| Filing 77 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/17/20 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 76 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/17/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Pamela Utter, (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 2/26/2021. Redacted Transcript Deadline set for 3/8/2021. Release of Transcript Restriction set for 5/6/2021..(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Jesse M. Furman: Pretrial Conference held on 12/17/2020. Patrick Michael Kennell for Plaintiff. Richard Edward Freeman III for Defendants Eric Rosenthal and Nicholas Cascio. (ab) |
Filing 75
ORDER: As discussed, and for the reasons stated, on the record during the conference conducted by telephone earlier today: All dates and deadlines in this case are STAYED; and Fact and expert discovery are CLOSED. The Clerk of Court is directed to administratively close the case, without prejudice to either party moving to reopen within 30 days of any material development in the underlying liability action in state court. In any motion to reopen, the moving party shall indicate (1) whether they believe expert discovery is necessary, and, if so, describing why that is the case and proposing a schedule to conduct such discovery; (2) regardless of the necessity for expert discovery, proposing next steps for resolving this case, including, if appropriate, a briefing schedule for summary judgment motion practice. (Signed by Judge Jesse M. Furman on 12/17/2020) (nb)
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| Case Stayed (nb) |
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Filing 74
ORDER: The pretrial conference currently scheduled for December 17, 2020 at 2:45 p.m. is RESCHEDULED to December 17, 2020 at 10:00 a.m. The conference will be held remotely by teleconference in accordance with Rule 2(A) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon jesse-m-furman. The parties should join the conference by calling the Courts dedicated conference line at (888) 363- 4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) (as further set forth herein). Telephone Conference set for 12/17/2020 at 10:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 12/14/2020) (kv)
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| Filing 73 JOINT LETTER addressed to Judge Jesse M. Furman from Patrick M. Kennell dated 12/11/2020 re: JOINT LETTER IN ADVANCE OF 12/17/20 PRETRIAL CONFERENCE. Document filed by Philadelphia Indemnity Insurance Company..(Kennell, Patrick) |
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Filing 72
ORDER: In light of the circumstances surrounding COVID-19, the Court will not hold the upcoming conference in this case in person. Counsel should submit their joint status letter on ECF no later than the Thursday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order. ECF No. 64. In their joint letter, the parties should also indicate whether they can do without a conference altogether. Unless and until the Court orders otherwise, all existing dates and deadlines including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the Case Management Plan and Scheduling Order, as amended, ECF No. 69 remain in effect. After reviewing the parties' joint status letter, the Court will issue an order indicating whether the conference is cancelled and addressing any other relevant deadlines and information. If a conference is held, it will be by telephone, albeit perhaps at a different time. To that end, if counsel believe that a conference would be appropriate, they should indicate in their joint status letter dates and times during the week of the currently scheduled conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/7/2020) (jca)
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Filing 71
ORDER re: #66 FIRST LETTER MOTION for Discovery. In light of Plaintiff's letter of earlier today, see ECF No. #70 , the Court concludes that a conference would be premature and the October 22, 2020 conference is thus CANCELED. Counsel should promptly confer in light of Plaintiff's offer to produce "nearly all of the requested documents" this week. If, after conferring, any issues remain in dispute, Defendants may file a new motion in accordance with the Court's Individual Rules and Practices. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
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| Filing 70 LETTER addressed to Judge Jesse M. Furman from Patrick M. Kennell dated 10/19/2020 re: PIICS SHOW CAUSE LETTER REGARDING DISCOVERY ISSUES. Document filed by Philadelphia Indemnity Insurance Company..(Kennell, Patrick) |
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Filing 69
MEMO ENDORSEMENT on re: #68 Letter providing the information requested by the Court, to jointly request an additional 60 days to complete all remaining tasks, and to advise that the parties respectfully believe we might do without a conference altogether filed by Philadelphia Indemnity Insurance Company. ENDORSEMENT : The fact discovery deadline is hereby extended to December 15, 2020, and the expert discovery deadline is hereby extended to February 5, 2021. The parties shall appear for a pretrial conference on December 17, 2020, at 2:45 pm. (and shall, in accordance with the Case Management Plan, file a letter by the Thursday before). Under the Court's Individual Rules and Practices and the Case Management Plan, Plaintiff's opposition to Defendants' letter motion regarding discovery was due yesterday, but no such opposition was filed. No later than October 19, 2020, at noon, Plaintiff shall show cause why Defendants should not be granted the relief they are seeking as unopposed. For now, the Court will keep the October 22, 2020 conference in effect --- after the deadline for Plaintiff to show cause passes, the Court will advise the parties whether to appear for the conference (in which case the Court will provide call-in information) or not. So Ordered. ( Show Cause Hearing set for 10/19/2020 at 12:00 PM before Judge Jesse M. Furman.), Motions terminated: #66 FIRST LETTER MOTION for Discovery addressed to Judge Jesse M. Furman from Richard E. Freeman III dated 10/09/20. filed by Eric Rosenthal, Nicholas Cascio. (Signed by Judge Jesse M. Furman on 10/16/20) (yv) Modified on 10/16/2020 (yv).
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| Set/Reset Deadlines: ( Expert Discovery due by 2/5/2021., Fact Discovery due by 12/15/2020.), Set/Reset Hearings:( Pretrial Conference set for 12/17/2020 at 02:45 PM before Judge Jesse M. Furman.) (yv) |
| Filing 68 JOINT LETTER addressed to Judge Jesse M. Furman from Patrick M. Kennell dated 10/15/2020 re: JOINT LETTER IN ADVANCE OF 10/22/20 PRETRIAL CONFERENCE. Document filed by Philadelphia Indemnity Insurance Company..(Kennell, Patrick) |
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Filing 67
ORDER: In light of the circumstances surrounding COVID-19, the Court will not hold the upcoming conference in this case in person. Counsel should submit their joint status letter on ECF no later than the Thursday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order. ECF No. 64. In their joint letter, the parties should also indicate whether they can do without a conference altogether. Unless and until the Court orders otherwise, all existing dates and deadlines - including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the Case Management Plan and Scheduling Order - remain in effect. After reviewing the parties' joint status letter, the Court will issue an order indicating whether the conference is cancelled and addressing any other relevant deadlines and information. If a conference is held, it will be by telephone, albeit perhaps at a different time. To that end, if counsel believe that a conference would be appropriate, they should indicate in their joint status letter dates and times during the week of the currently scheduled conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/13/2020) (ks)
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| Filing 66 FIRST LETTER MOTION for Discovery addressed to Judge Jesse M. Furman from Richard E. Freeman III dated 10/09/20. Document filed by Nicholas Cascio, Eric Rosenthal..(Freeman, Richard) |
| Filing 65 JOINT LETTER addressed to Judge Jesse M. Furman from Patrick M. Kennell dated 09/15/2020 re: JOINT LETTER REGARDING REFERAL TO MAGISTRATE OR S.D.N.Y. MEDIATION PROGRAM. Document filed by Philadelphia Indemnity Insurance Company..(Kennell, Patrick) |
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Filing 64
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedingsbefore a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c).The parties are free to withhold consent without adverse substantive consequences. Motions due by 7/22/2020. Deposition due by 11/30/2020. Fact Discovery due by 10/15/2020. Expert Discovery due by 11/30/2020. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 2 Days. Pretrial Conference set for 10/22/2020 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/27/20) (yv)
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| Filing 63 JOINT LETTER addressed to Judge Jesse M. Furman from Patrick M. Kennell dated 05/26/2020 re: JOINT LETTER WITH PROPOSED CASE MANAGEMENT ORDER. Document filed by Philadelphia Indemnity Insurance Company. (Attachments: #1 Exhibit Draft Civil Case Management Plan and Scheduling Order).(Kennell, Patrick) |
| Minute Entry for proceedings held before Judge Jesse M. Furman: Show Cause Hearing re Default Judgment and IPTC held on 5/21/2020 via teleconference. Patrick Michael Kennell present for Plaintiff. Richard Edward Freeman III present for defendants Eric Rosenthal and Nicholas Cascio. No one present for the remaining Defendants. Court reporter present. (ab) |
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Filing 62
ORDER denying #54 Motion for Default Judgment. Plaintiff's motion for default judgment is DENIED. That said, the defaulting Defendants Deogene Meza, Melody Meza, Futures Group IT LLC, Futures Group Holdings Inc., and Futures Group Staffing Solutions, Inc. have forfeited their right to appear in this litigation and will be bound by any judgment ultimately entered in this case. See, e.g., Aspen Ins. UK Ltd. v. A & R Able Corp., No. 12-CV-261 (AJN), 2013 WL 10897793, at *1 (S.D.N.Y. Jan. 2, 2013). Plaintiff and the appearing Defendants, Eric Rosenthal and Nicholas Cascio, shall submit a joint letter and revised proposed case management plan no later than May 26, 2020. The Clerk of Court is directed to terminate ECF No. 54. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/21/20) (yv)
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| Filing 61 REPLY MEMORANDUM OF LAW in Support re: #54 MOTION for Default Judgment as to Defendants DEOGENE MEZA, MELODY MEZA, FUTURES GROUP IT LLC, FUTURES GROUP HOLDINGS INC., and FUTURES GROUP STAFFING SOLUTIONS, INC.. . Document filed by Philadelphia Indemnity Insurance Company..(Kennell, Patrick) |
| Filing 60 CERTIFICATE OF SERVICE of Declaration and Memorandum of Law in Opposition served on ALL DEFENDANTS on 05/07/20. Service was made by Mail. Document filed by Nicholas Cascio, Eric Rosenthal..(Freeman, Richard) |
| Filing 59 FIRST MEMORANDUM OF LAW in Opposition re: #54 MOTION for Default Judgment as to Defendants DEOGENE MEZA, MELODY MEZA, FUTURES GROUP IT LLC, FUTURES GROUP HOLDINGS INC., and FUTURES GROUP STAFFING SOLUTIONS, INC.. . Document filed by Nicholas Cascio, Eric Rosenthal..(Freeman, Richard) |
| Filing 58 DECLARATION of Richard E. Freeman III in Opposition re: #54 MOTION for Default Judgment as to Defendants DEOGENE MEZA, MELODY MEZA, FUTURES GROUP IT LLC, FUTURES GROUP HOLDINGS INC., and FUTURES GROUP STAFFING SOLUTIONS, INC... Document filed by Nicholas Cascio, Eric Rosenthal. (Attachments: #1 Exhibit Exhibit A - Case Law, #2 Exhibit Exhibit B - Case Law).(Freeman, Richard) |
| Filing 57 CERTIFICATE OF SERVICE of (1) NOTICE OF MOTION FOR ENTRY OF DEFAULT JUDGMENT; (2) DECLARATION OF PATRICK M. KENNELL (with Exhibits); (3) ORDER DATED ARPIL 1, 2020, and; (4) CERTIFICATE OF SERVICE served on DEOGENE MEZA, MELODY MEZA, THE FUTURES GROUP IT LLC, FUTURES GROUP HOLDINGS INC., and FUTURES GROUP STAFFING SOLUTIONS, INC. on 04/16/2020. Service was made by Mail (Overnight Courier). Document filed by Philadelphia Indemnity Insurance Company..(Kennell, Patrick) |
| Filing 56 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Philadelphia Indemnity Insurance Company..(Kennell, Patrick) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 55 DECLARATION of Patrick M. Kennell in Support re: #54 MOTION for Default Judgment as to Defendants DEOGENE MEZA, MELODY MEZA, FUTURES GROUP IT LLC, FUTURES GROUP HOLDINGS INC., and FUTURES GROUP STAFFING SOLUTIONS, INC... Document filed by Philadelphia Indemnity Insurance Company. (Attachments: #1 Exhibit 1 - Complaint With Exhibits, #2 Exhibit 2 - Affidavits of Service of Summons and Complaint, #3 Exhibit 3 - First Amended Complaint, #4 Exhibit 4 - Declaration of Service of First Amended Complaint, #5 Exhibit 5 - Clerks Certificates of Default, #6 Exhibit 6 - [Proposed] Default Judgment).(Kennell, Patrick) |
| Filing 54 MOTION for Default Judgment as to Defendants DEOGENE MEZA, MELODY MEZA, FUTURES GROUP IT LLC, FUTURES GROUP HOLDINGS INC., and FUTURES GROUP STAFFING SOLUTIONS, INC.. Document filed by Philadelphia Indemnity Insurance Company. Responses due by 5/7/2020.(Kennell, Patrick) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #56 Proposed Default Judgment was reviewed and approved as to form. (dt) |
| Filing 53 CLERK'S CERTIFICATE OF DEFAULT as to FUTURES GROUP STAFFING SOLUTIONS, INC., issued April 14, 2020.(dt) |
| Filing 52 CLERK'S CERTIFICATE OF DEFAULT as to FUTURES GROUP IT LLC, issued April 14, 2020.(dt) |
| Filing 51 CLERK'S CERTIFICATE OF DEFAULT as to FUTURES GROUP HOLDINGS, INC., issued April 14, 2020.(dt) |
| Filing 50 CLERK'S CERTIFICATE OF DEFAULT as to MELODY MEZA, issued April 14, 2020.(dt) |
| Filing 49 CLERK'S CERTIFICATE OF DEFAULT as to DEOGENE MEZA, issued April 14, 2020. (dt) |
| Filing 48 DECLARATION of Patrick M. Kennell in Support. Document filed by Philadelphia Indemnity Insurance Company. (Attachments: #1 Exhibit Request for Clerk's Certificate of Default).(Kennell, Patrick) |
| Filing 47 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Philadelphia Indemnity Insurance Company..(Kennell, Patrick) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 46 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Philadelphia Indemnity Insurance Company..(Kennell, Patrick) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 45 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Philadelphia Indemnity Insurance Company..(Kennell, Patrick) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 44 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Philadelphia Indemnity Insurance Company..(Kennell, Patrick) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 43 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Philadelphia Indemnity Insurance Company..(Kennell, Patrick) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 42 CERTIFICATE OF SERVICE of REQUEST FOR CLERKS CERTIFICATE OF DEFAULT, ATTORNEY DECLARATION IN SUPPORT OF REQUEST FOR CERTIFICATE OF DEFAULT, and [PROPOSED] CERTIFICATE OF CLERKS DEFAULT served on DEOGENE MEZA, MELODY MEZA, FUTURES GROUP HOLDINGS INC., THE FUTURES GROUP IT LLC, and FUTURES GROUP STAFFING SOLUTIONS, INC. on 04/13/2020. Service was made by Mail. Document filed by Philadelphia Indemnity Insurance Company..(Kennell, Patrick) |
| Filing 41 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Philadelphia Indemnity Insurance Company. (Attachments: #1 Affidavit Attorney Declaration in Support of Request for Certificate of Default, #2 Text of Proposed Order (Proposed) Clerk's Certificate of Default).(Kennell, Patrick) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/13/2020 (dt). |
| Filing 40 CERTIFICATE OF SERVICE of Summons and Amended Complaint,. Futures Group Holdings Inc. served on 1/30/2020, answer due 3/16/2020; Futures Group IT LLC served on 1/30/2020, answer due 3/16/2020; Futures Group Staffing Solutions, Inc. served on 1/30/2020, answer due 3/16/2020; Deogene Meza served on 1/30/2020, answer due 3/16/2020; Melody Meza served on 1/30/2020, answer due 3/16/2020. Service was made by CERTIFIED MAIL - RETURN RECEIPT REQUESTED. Document filed by Philadelphia Indemnity Insurance Company..(Kennell, Patrick) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Patrick Kennell. RE-FILE Document No. #41 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the proposed clerk's certificate of default is the wrong document; the proposed clerk's certificate of default do not list of the person who was personally served; You need to file 1 Clerk's Certificate for each defendant separately and individually explaining who was personally served, and the one that was nailed and mailed that service was attempted on Dates of attempt, then nailed and mailed on date; Re-file the Clerk's Certificates of Default Separately and individually using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service, then separately file the Declaration with the request as an attachment using the event type Declaration in support of a Non-Motion found under the event list other answers.. (dt) |
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Filing 39
ORDER. It is hereby ORDERED Plaintiff shall promptly file proof of service of the FAC, and that any motion for default judgment shall be filed, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), no later than April 16, 2020. The Meza Defendants shall file any opposition to the motion for default judgment no later than May 7, 2020. If Defendants Eric Rosenthal and Nicholas Cascio believe they have standing to oppose the motion, they may also file an opposition to the motion by May 7, 2020, addressing, among other things, their basis for standing. Any reply shall be filed by May 14, 2020. The Meza Defendants are cautioned that a limited liability company and corporation may appear in federal court only through licensed counsel, see Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007), and where a limited liability company or corporation "repeatedly fails to appear by counsel, a default judgment may be entered against it," Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (internal quotation marks omitted). If a motion for default judgment is filed, it is further ORDERED that the Meza Defendants appear and show cause before this Court on May 21, 2020, at 2:30 p.m., why an order should not be issued granting a default judgment against the Meza Defendants. Assuming the Court's Emergency Individual Rules and Practices in Light of COVID-19 remain in effect, the hearing shall occur telephonically on the Court's dedicated conference line: (888) 363-4749, using access code 542-1540. If circumstances change such that it is possible to hold the hearing in-person, the Court will issue an order to that effect. Prior to May 21, 2020, Plaintiff must file the proposed default judgment order electronically, using the ECF Filing Event "Proposed Default Judgment," for the Clerk's approval. It is further ORDERED that Plaintiff's counsel shall serve the Meza Defendants via overnight courier with a copy of this Order and the default judgment motion papers within two business days of the date of any such motion and file proof of such service on the docket. SO ORDERED. ( Show Cause Hearing set for 5/21/2020 at 02:30 PM before Judge Jesse M. Furman.), ( Motions due by 4/16/2020., Responses due by 5/7/2020, Replies due by 5/14/2020.) (Signed by Judge Jesse M. Furman on 4/1/20) (yv)
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Filing 38
ORDER: The pretrial conference previously scheduled for March 26, 2020, at 3:30 p.m., is RESCHEDULED for the same day at 11:00 a.m. Pursuant to Rule 2(A) of the Court's Emergency Individual Rules and Practices, the parties should call into the Court's dedicated conference line at (888) 363-4749 and use access code 542-1540 to participate in the conference. In addition, the parties are reminded to submit the names of counsel who will attend, specifying those who will be speaking, and the other information required by Rule 2(C) of the Court's Emergency Rules at least twenty-four hours before the conference. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
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| Filing 37 JOINT LETTER addressed to Judge Jesse M. Furman from Patrick M. Kennell dated 03/19/2020 re: JOINT LETTER IN ADVANCE OF INITIAL PRETRIAL CONFERENCE. Document filed by Philadelphia Indemnity Insurance Company. (Attachments: #1 Exhibit Draft Civil Case Management Plan and Scheduling Order).(Kennell, Patrick) |
| Filing 36 AFFIDAVIT OF SERVICE of ORDER served on DEOGENE MEZA, MELODY MEZA, FUTURES GROUP HOLDINGS INC., THE FUTURES GROUP IT LLC, and FUTURES GROUP STAFFING SOLUTIONS, INC. on 02/14/2020. Service was made by Certified Mail (Return Receipt Requested) and Email (deomeza1@gmail.com). Document filed by Philadelphia Indemnity Insurance Company..(Kennell, Patrick) |
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Filing 35
ORDER, In light of the foregoing, and the preference for adjudicating this case on the merits rather than proceeding with default judgment proceedings, the Court grants Defendants Deogene Meza, Melody Meza, Futures Group IT LLC, Futures Group Holdings Inc., and Futures Group Staffing Solutions, Inc., a one-time extension of the deadline to answer or respond to the Complaint nunc pro tunc to March 16, 2020. No further extensions will be granted. In addition, all parties shall appear for a pretrial conference with the Court on March 26, 2020, at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. The parties shall treat this conference as an initial pretrial conference and follow the procedures specified in the Courts Order at ECF No. 3, including filing a joint letter and proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter no later than Thursday of the week prior to the initial pretrial conference. Plaintiff is directed to serve a copy of this Order on Defendants Deogene Meza, Melody Meza, Futures Group IT LLC, Futures Group Holdings Inc., and Futures Group Staffing Solutions, Inc. by certified mail (return receipt requested) and by email to deomeza1@gmail.com within two business days of the date of this Order, and to file proof of service within one day of service. SO ORDERED. (Futures Group Holdings Inc. answer due 3/16/2020; Futures Group IT LLC answer due 3/16/2020; Futures Group Staffing Solutions, Inc. answer due 3/16/2020; Deogene Meza answer due 3/16/2020; Melody Meza answer due 3/16/2020.(Pretrial Conference set for 3/26/2020 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/14/20) (yv)
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| Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held on 2/13/2020. Patrick Kennell present for Plaintiff. Richard Freeman and Albert Roh present for defendants Eric Rosenthal and Nicholas Cascio. Court reporter present. (ab) |
| Filing 34 NOTICE OF CHANGE OF ADDRESS by Patrick Michael Kennell on behalf of Philadelphia Indemnity Insurance Company. New Address: Kaufman Dolowich & Voluck LLP, 40 Exchange Place - 20th Floor, New York, New York, United States 10005, 212-485-9600..(Kennell, Patrick) |
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Filing 33
SCHEDULING ORDER: IT IS HEREBY ORDERED that the conference in this matter, previously scheduled for February 13, 2020, at 2:45 p.m., is RESCHEDULED for the same day, at 4:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. SO ORDERED. (Initial Conference set for 2/13/2020 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/6/20) (yv)
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| Filing 32 JOINT LETTER addressed to Judge Jesse M. Furman from Patrick M. Kennell dated 02/06/2020 re: JOINT LETTER IN ADVANCE OF INITIAL PRETRIAL CONFERENCE. Document filed by Philadelphia Indemnity Insurance Company. (Attachments: #1 Exhibit Draft Civil Case Management Plan and Scheduling Order).(Kennell, Patrick) |
| Filing 31 ANSWER to #20 Amended Complaint, with JURY DEMAND. Document filed by Nicholas Cascio, Eric Rosenthal.(Freeman, Richard) |
| Filing 30 AFFIDAVIT OF SERVICE. Nicholas Cascio served on 12/7/2019, answer due 12/30/2019. Service was made by Mail. Document filed by Philadelphia Indemnity Insurance Company. (Kennell, Patrick) |
| Filing 29 AFFIDAVIT OF SERVICE. Futures Group IT LLC served on 12/10/2019, answer due 12/31/2019. Service was accepted by Sue Zouky, Business Document Specialist 2, Secretary of State of the New York Department of State. Document filed by Philadelphia Indemnity Insurance Company. (Kennell, Patrick) |
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Filing 28
ORDER granting #22 Letter Motion to Adjourn Conference. The parties' application is GRANTED. The initial conference is ADJOURNED to February 13, 2020, at 2:45 p.m., and Defendant Rosenthal's deadline to answer, move to dismiss, or otherwise respond to the First Amended Complaint is EXTENDED to January 10, 2020. The parties are reminded to submit a joint letter and proposed Civil Case Management Plan by Thursday of the week before the conference, pursuant to the Court's Order at ECF No. 3. Finally, Plaintiff is granted leave to amend the complaint pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure. The Clerk of Court is directed to terminate ECF No. 22. SO ORDERED. (Initial Conference set for 2/13/2020 at 02:45 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/6/19) (yv)
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| Set/Reset Deadlines: Eric Rosenthal answer due 1/10/2020. (yv) |
| Filing 27 AFFIDAVIT OF SERVICE. Melody Meza served on 11/8/2019, answer due 11/29/2019. Service was accepted by Deogene Meza, Spouse/Co-Resident. Document filed by Philadelphia Indemnity Insurance Company. (Kennell, Patrick) |
| Filing 26 AFFIDAVIT OF SERVICE. Deogene Meza served on 11/8/2019, answer due 11/29/2019. Service was accepted by Deogene Meza. Document filed by Philadelphia Indemnity Insurance Company. (Kennell, Patrick) |
| Filing 25 AFFIDAVIT OF SERVICE. Futures Group Staffing Solutions, Inc. served on 11/8/2019, answer due 11/29/2019. Service was accepted by Deogene Meza, Owner. Document filed by Philadelphia Indemnity Insurance Company. (Kennell, Patrick) |
| Filing 24 AFFIDAVIT OF SERVICE. Futures Group Holdings Inc. served on 11/20/2019, answer due 12/11/2019. Service was accepted by Nancy Dougherty, Business Document Specialist, Secretary of State of the New York Department of State. Document filed by Philadelphia Indemnity Insurance Company. (Kennell, Patrick) |
| Filing 23 AFFIDAVIT OF SERVICE. Eric Rosenthal served on 11/6/2019, answer due 11/27/2019. Service was accepted by Eric Rosenthal. Document filed by Philadelphia Indemnity Insurance Company. (Kennell, Patrick) |
| Filing 22 JOINT LETTER MOTION to Adjourn Conference addressed to Judge J. Paul Oetken from Patrick M. Kennell dated 12/05/2019. Document filed by Philadelphia Indemnity Insurance Company.(Kennell, Patrick) |
| Filing 21 NOTICE OF APPEARANCE by Richard Edward Freeman, III on behalf of Eric Rosenthal. (Freeman, Richard) |
| Filing 20 FIRST AMENDED COMPLAINT amending #1 Complaint, against Nicholas Cascio, Futures Group Holdings Inc., Futures Group IT LLC, Futures Group Staffing Solutions, Inc., Deogene Meza, Melody Meza, Eric Rosenthal.Document filed by Philadelphia Indemnity Insurance Company. Related document: #1 Complaint,.(Kennell, Patrick) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah L. Cave. Please note that this is a reassignment of the designation only. (laq) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Eric Rosenthal. (pc) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Nicholas Cascio. (pc) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Nicholas Cascio, re: #1 Complaint,. Document filed by Philadelphia Indemnity Insurance Company. (Kennell, Patrick) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Eric Rosenthal, re: #1 Complaint,. Document filed by Philadelphia Indemnity Insurance Company. (Kennell, Patrick) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Futures Group Holdings Inc.. (dnh) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to FUTURES GROUP HOLDINGS INC., re: #1 Complaint,. Document filed by Philadelphia Indemnity Insurance Company. (Kennell, Patrick) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Futures Group Staffing Solutions, Inc.. (sj) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Futures Group IT LLC. (sj) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Melody Meza. (sj) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Deogene Meza. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Patrick Michael Kennell to RE-FILE Document No. #8 Request for Issuance of Summons. The filing is deficient for the following reason(s): Docket entry error, the party as to whom the summons is for is incorrect. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to FUTURES GROUP STAFFING SOLUTIONS, INC., re: #1 Complaint,. Document filed by Philadelphia Indemnity Insurance Company. (Kennell, Patrick) |
| Filing 8 FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to UTURES GROUP HOLDINGS INC., re: #1 Complaint. Document filed by Philadelphia Indemnity Insurance Company. (Kennell, Patrick) Modified on 9/20/2019 (sj). |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to THE FUTURES GROUP IT LLC, re: #1 Complaint,. Document filed by Philadelphia Indemnity Insurance Company. (Kennell, Patrick) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Melody Meza, re: #1 Complaint,. Document filed by Philadelphia Indemnity Insurance Company. (Kennell, Patrick) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Deogene Meza, re: #1 Complaint,. Document filed by Philadelphia Indemnity Insurance Company. (Kennell, Patrick) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Philadelphia Consolidated Holding Corp., Corporate Parent Tokio Marine Holdings, Inc., Corporate Parent Tokio Marine North America, Inc., Corporate Parent Tokio Marine and Nichido Fire Insurance Company, Ltd. for Philadelphia Indemnity Insurance Company. Document filed by Philadelphia Indemnity Insurance Company.(Kennell, Patrick) |
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Filing 3
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on December 12, 2019, at 2:45 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at http://nysd.uscourts.gov/ecf_filing.php. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at http://nysd.uscourts.gov/judge/Furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at http://nysd.uscourts.gov/judge/Furman. Any open legal issues can be addressed at the conference.The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. (Initial Conference set for 12/12/2019 at 02:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 9/19/19) (yv) Modified on 9/20/2019 (yv).
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Patrick Michael Kennell. The party information for the following party/parties has been modified: NICHOLAS CASCIO, FUTURES GROUP STAFFING SOLUTIONS, INC., Futures Group Holdings Inc., DEOGENE MEZA, MELODY MEZA, ERIC ROSENTHAL, The Futures Group IT LLC, PHILADELPHIA INDEMNITY INSURANCE COMPANY. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Patrick Michael Kennell. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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. (dnh) |
| Case Designated ECF. (dnh) |
| Magistrate Judge Henry B. Pitman 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. (dnh) |
| Filing 2 CIVIL COVER SHEET filed. (Kennell, Patrick) |
| Filing 1 COMPLAINT against NICHOLAS CASCIO, FUTURES GROUP STAFFING SOLUTIONS, INC., Futures Group Holdings Inc., DEOGENE MEZA, MELODY MEZA, ERIC ROSENTHAL, The Futures Group IT LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-17617709)Document filed by PHILADELPHIA INDEMNITY INSURANCE COMPANY. (Attachments: #1 Exhibit EXHIBIT A (Underlying Complaint), #2 Exhibit EXHIBIT B (Policy))(Kennell, Patrick) |
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