Batavia v. Phunware, Inc.
| Arun Batavia |
| Phunware, Inc. and Stellar Acquisition III Inc. |
| 1:2019cv09305 |
| October 8, 2019 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Negotiable Instrument |
| 28 U.S.C. § 1331 bc Fed. Question: Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on May 6, 2020. A more recent docket listing may be available from PACER.
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| Filing 18 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) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Phunware, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Arena, Stephen) |
| Filing 17 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) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Phunware, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Arena, Stephen) Modified on 5/4/2020 (tp). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Arena, Stephen. RE-FILE Document No. #17 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 16 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/7/2020 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 15 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/7/2020 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Elizabeth Chan, (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 5/1/2020. Redacted Transcript Deadline set for 5/11/2020. Release of Transcript Restriction set for 7/9/2020..(McGuirk, Kelly) |
Filing 14
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Fact Discovery due by 6/7/2020. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than 7/22/2020. Depositions of fact witnesses shall be completed by 6/7/2020. Counsel for the parties have conferred and the present best estimate of the length of trial is 3 days. Pretrial Conference set for 6/23/2020 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 2/11/2020) (rro)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 2/7/2020. Attorney Adam Garcia representing Plaintiff present. Attorney Stephen Arena representing Defendant present. Defendant is to order a copy of today's transcript. (See transcript.) (Court Reporter Elizabeth Chan) (tn) |
| Filing 13 NOTICE OF APPEARANCE by Adam Garcia on behalf of Arun Batavia..(Garcia, Adam) |
| Filing 12 JOINT LETTER addressed to Judge Katherine Polk Failla from Matthew N. Fiorovanti, Esq. and Stephen Arena, Esq. dated January 30, 2020 re: Initial Pretrial Conference. Document filed by Arun Batavia.(Fiorovanti, Matthew) |
| Filing 11 PROPOSED CASE MANAGEMENT PLAN. Document filed by Arun Batavia. (Fiorovanti, Matthew) |
| Filing 10 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Phunware, Inc..(Arena, Stephen) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Phunware, Inc..(Arena, Stephen) |
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time to Answer. Application GRANTED. SO ORDERED. Phunware, Inc. answer due 12/31/2019. (Signed by Judge Katherine Polk Failla on 12/4/2019) (jca)
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| Filing 7 LETTER MOTION for Extension of Time to File Answer addressed to Judge Katherine Polk Failla from Stephen Arena dated 12/4/19. Document filed by Phunware, Inc..(Arena, Stephen) |
| Filing 6 NOTICE OF APPEARANCE by Stephen Joseph Arena on behalf of Phunware, Inc.. (Arena, Stephen) |
| Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/7/2020 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 11/4/2019) (va) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Phunware, Inc.. (dnh) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Phunware, Inc., re: #1 Complaint. Document filed by Arun Batavia. (Fiorovanti, Matthew) |
| 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. (pne) |
| Magistrate Judge Sarah L. Cave 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 Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew Fiorovanti. The following case opening statistical information was erroneously selected/entered: Dollar Demand $150,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none; no dollar demand entered on civil cover sheet. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Matthew Fiorovanti. The party information for the following party/parties has been modified: Phunware, Inc.. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (pne) |
| Filing 2 CIVIL COVER SHEET filed. (Fiorovanti, Matthew) |
| Filing 1 COMPLAINT against Phunware, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17737361)Document filed by Arun Batavia. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Fiorovanti, Matthew) |
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