Dalla-Longa v. Magnetar Capital LLC
Petitioner: Damian Dalla-Longa
Respondent: Magnetar Capital LLC
Case Number: 1:2019cv11246
Filed: December 9, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 09 U.S.C. § 0010
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 4, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 3, 2020 Opinion or Order Filing 38 ORDER: It is hereby ORDERED that, pursuant to this Court's warning that any pages filed in excess of the page limits set in this Court's Individual Rules would not be considered by this Court, the Court will consider only the first 225 pages of the exhibits submitted in support of Petitioner's memorandum of law. It is further ORDERED that the parties' deadline to jointly propose redactions to the memorandum of law and supporting documents, pursuant to this Court's Order at Dkt. No. 25, is extended to February 14, 2020. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/3/2020) (cf)
January 31, 2020 Filing 37 LETTER addressed to Judge Lorna G. Schofield from Patrick J. Lamparello dated 1/31/2020 re: Request Related to Redaction of Petitioner's Exhibits. Document filed by Magnetar Capital LLC..(Lamparello, Patrick)
January 29, 2020 Opinion or Order Filing 36 ORDER re: #35 Letter filed by Damian Dalla-Longa. It is hereby ORDERED that Defendant shall file a motion to dismiss the Petition, which shall be subject to the following schedule: (1) Defendant shall file the motion to dismiss, with supporting memorandum of law not to exceed ten pages, by February 19, 2020; (2) Petitioner shall file his memorandum of law in opposition to Defendant's motion, not to exceed ten pages, by March 11, 2020; and (3) Defendant shall file its reply in support of the motion, not to exceed five pages, by March 18, 2020. The parties shall otherwise comply with the Court's Individual Rules in filing their motions and supporting papers. (Motions due by 2/19/2020., Responses due by 3/11/2020, Replies due by 3/18/2020.) (Signed by Judge Lorna G. Schofield on 1/29/2020) (kv)
January 27, 2020 Filing 35 LETTER addressed to Judge Lorna G. Schofield from A.H. Kaufman dated January 27, 2020 re: Respondent's Letter Dkt. 16. Document filed by Damian Dalla-Longa.(Kaufman, Alan)
January 24, 2020 Opinion or Order Filing 34 ORDER: It is hereby ORDERED that, by January 27, 2020, at noon, Petitioner shall file an amended response letter to Respondent's letter proposing a motion to dismiss (Dkt. No. 16). The letter shall explain the legal or other grounds for Petitioner's anticipated opposition to Respondent's motion, pursuant to the requirements of this Court's Individual Rules. It is further ORDERED that, by January 28, 2020, Petitioner shall email the Court an amended/corrected memorandum of law in support of his petition to vacate the arbitration award, with supporting documentation. The memorandum of law and supporting documentation shall be compliant with this Court's Individual Rules. Petitioner's request for additional pages is untimely and is DENIED. Any pages in excess of the page limits set in this Court's Individual Rules will not be considered by this Court. It is further ORDERED that the parties' deadline to jointly propose redactions to the memorandum of law and supporting documents, pursuant to this Court's Order at Dkt. No. 25, is extended to February 4, 2020. Petitioner's counsel is reminded that continuing failure to comply with Court Orders and the Individual Rules will result in sanctions. (Signed by Judge Lorna G. Schofield on 1/24/2020) (rro) Modified on 1/27/2020 (rro).
January 16, 2020 Opinion or Order Filing 33 ORDER: It is hereby ORDERED that, by January 23, 2020, Petitioner shall email the Court an amended/corrected memorandum of law in support of his petition to vacate the arbitration award, with supporting documentation. It is further ORDERED that the parties' deadline to jointly propose redactions to the memorandum of law and supporting documents, pursuant to this Court's Order at Dkt. No. 25, is extended to January 30, 2020. It is further ORDERED that, by January 22, 2020, Petitioner shall file an amended letter response to Respondent's letter seeking permission to file a motion to dismiss (Dkt. No. 16). (As further et forth in this Order.) (Signed by Judge Lorna G. Schofield on 1/16/2020) (cf)
January 16, 2020 Opinion or Order Filing 32 ORDER granting #2 Motion for Alan H. Kaufman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
January 15, 2020 Filing 31 REPLY MEMORANDUM OF LAW in Support re: #2 FIRST MOTION for Alan H. Kaufman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18244549. Motion and supporting papers to be reviewed by Clerk's Office staff. . Document filed by Damian Dalla-Longa. (Attachments: #1 Affidavit Affidavit of Relevant Facts)(Kaufman, Alan)
January 6, 2020 Opinion or Order Filing 30 MEMO ENDORSEMENT on re: #19 Memorandum of Law in Opposition to Motion, filed by Magnetar Capital LLC. ENDORSEMENT: It is ORDERED that Petitioner shall file a response to Respondent's opposition to Petitioner's counsel's motion for admission pro hac vice by January 15, 2020. It is further ORDERED that the parties deadline to jointly propose redactions to the memorandum of law and supporting documents, pursuant to this Courts Order at Dkt. No. 25, is stayed pending resolution of Petitioner's counsel's motion for admission pro hac vice (Responses due by 1/15/2020) (Signed by Judge Lorna G. Schofield on 1/6/2020) (rro)
January 6, 2020 Filing 29 LETTER addressed to Judge Lorna G. Schofield from Bettina B. Plevan dated 1/6/20 re: in opposition to Petitioner's letter (Docket # 27). Document filed by Magnetar Capital LLC.(Plevan, Bettina)
January 3, 2020 Filing 28 LETTER addressed to Judge Lorna G. Schofield from AH Kaufman dated January 3, 2020 re: Response to Respondent's Ltr of December 19. Document filed by Damian Dalla-Longa.(Kaufman, Alan)
January 3, 2020 Filing 27 LETTER addressed to Judge Lorna G. Schofield from AH Kaufman dated December 30, 2019 re: Court's Order dkt 24 to file re Petitioner's Memorandum. Document filed by Damian Dalla-Longa.(Kaufman, Alan)
January 2, 2020 Opinion or Order Filing 26 ORDER: It is hereby ORDERED that Respondent's proposed redactions are GRANTED IN PART. Although "[t]he common law right of public access to judicial documents is firmly rooted in our nation's history," this right is not absolute, and courts "must balance competing considerations against" the presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 11920 (2d Cir. 2006) (internal quotation marks omitted); see also Nixon v. Warner Commc'ns., Inc., 435 U.S. 589, 599 (1978) ("[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case."). But for the redactions identified below, the proposed redactions are necessary to prevent unauthorized dissemination of confidential business information. It is further ORDERED that the following redactions are overly broad and on that basis are DENIED: All redactions in paragraph 13, but for the numerical percentage. The employment position of the individual whose testimony is discussed in paragraph 14. All redactions in paragraph 28, but for the names of employees. All redactions in paragraph 72, but for the text enclosed in the parenthetical. It is further ORDERED that Petitioner shall re-file the Petition Vacate Arbitration Award by January 6, 2020, with redactions consistent with those proposed by Respondent as modified by this Order. (Signed by Judge Lorna G. Schofield on 1/2/2020) (rro)
December 31, 2019 Opinion or Order Filing 24 ORDER: It is hereby ORDERED that Petitioner shall file the letter emailed to Chambers on ECF by January 3, 2019, without the attachments. The parties are reminded that this Courts Individual Rule I.B.1 requires that all communications with Chambers shall be by letter filed via ECF except letters including confidential information. (Signed by Judge Lorna G. Schofield on 12/31/2019) (ks)
December 30, 2019 Opinion or Order Filing 25 ORDER denying as moot #21 Letter Motion to Continue. It is hereby ORDERED that Petitioner and Respondent shall confer and submit a joint letter to the Chambers inbox by January 8, 2019 with proposed redactions. If there are disputes as to the appropriate redactions, the parties shall provide support for their opposing positions in the joint letter. The Clerk of Court is respectfully requested to remove the memorandum of law at Docket No. 23 from the docket. The Clerk of Court is also respectfully requested to close the motion at Docket No. 21 as moot. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/30/2019) (cf)
December 27, 2019 Filing 23 FIRST MEMORANDUM OF LAW in Support re: #21 LETTER MOTION to Continue ECF 7 Extensino to 14 days after disposition of Respondent's Motion to Dismiss addressed to Judge Lorna G. Schofield from AH Kaufman dated December 23, 2019. . Document filed by Damian Dalla-Longa. (Kaufman, Alan)
December 23, 2019 Opinion or Order Filing 22 MEMO ENDORSEMENT on re: #17 Letter filed by Damian Dalla-Longa. ENDORSEMENT: Application GRANTED IN PART. Petitioner's request to respond to Respondent's proposed redactions to the Petition to Vacate by December 30, 2019 is GRANTED. Petitioner's request for further extension to file the memorandum of law in support of the Petition to Vacate, and any additional supporting documents, is DENIED. Petitioner shall file the documentation pursuant to the Order at Dkt. No. 7 by December 27, 2019. Petitioner's request regarding the briefing schedule is denied as moot in light of this Court's Order at Dkt No. 18. (Signed by Judge Lorna G. Schofield on 12/23/2019) (mro)
December 23, 2019 Filing 21 LETTER MOTION to Continue ECF 7 Extensino to 14 days after disposition of Respondent's Motion to Dismiss addressed to Judge Lorna G. Schofield from AH Kaufman dated December 23, 2019. Document filed by Damian Dalla-Longa.(Kaufman, Alan)
December 23, 2019 Filing 20 DECLARATION of Patrick J. Lamparello in Opposition re: #2 FIRST MOTION for Alan H. Kaufman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18244549. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Magnetar Capital LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lamparello, Patrick)
December 23, 2019 Filing 19 MEMORANDUM OF LAW in Opposition re: #2 FIRST MOTION for Alan H. Kaufman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18244549. Motion and supporting papers to be reviewed by Clerk's Office staff. Respondent Magnetar Capital's Memorandum of Law in Opposition to Petitioner's Counsel's Motion for Admission Pro Hac Vice. Document filed by Magnetar Capital LLC. (Plevan, Bettina)
December 20, 2019 Opinion or Order Filing 18 MEMO ENDORSEMENT on re: #16 Letter filed by Magnetar Capital LLC. ENDORSEMENT: It is ORDERED that Petitioner shall file a letter response by January 3, 2020. (Signed by Judge Lorna G. Schofield on 12/19/2019) (cf)
December 20, 2019 Filing 17 LETTER addressed to Judge Lorna G. Schofield from A.H. Kaufman, counsel to Petitioner dated December 20, 2019 re: Response to Dece 19 Letter from Ms. Plevan. Document filed by Damian Dalla-Longa.(Kaufman, Alan)
December 19, 2019 Filing 16 LETTER addressed to Judge Lorna G. Schofield from Bettina B. Plevan dated 12/19/19 re: Seeking Permission to File Motion to Dismiss. Document filed by Magnetar Capital LLC.(Plevan, Bettina)
December 18, 2019 Opinion or Order Filing 15 ORDER: It is hereby ORDERDED that Respondent shall email the Court revised proposed redactions by December 23, 2019. If Respondent believes there is additional information in the Petition that does not fall into the categories identified herein and should be redacted, Respondent may propose such redactions concurrently with the email and, in a cover letter: (1) itemize each additionally proposed redaction; and (2) provide the factual and legal justifications for the proposal. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/18/2019) (cf)
December 18, 2019 Filing 14 MEMO ENDORSEMENT denying without prejudice to renewal. #9 Motion to Dismiss. ENDORSEMENT: Motion DENIED without prejudice to renew following compliance with this Court's Individual Rule III.C.2. The Clerk of Court is respectfully requested to close the motions at Dkt. Nos. 8 and 9. (Signed by Judge Lorna G. Schofield on 12/18/2019) (cf)
December 18, 2019 Filing 13 MEMORANDUM OF LAW in Support re: #9 MOTION to Dismiss Petitioner's Motion to Vacate Arbitration Award. . Document filed by Magnetar Capital LLC. (Plevan, Bettina)
December 17, 2019 Filing 12 DECLARATION of Karl Wachter in Support re: #9 MOTION to Dismiss Petitioner's Motion to Vacate Arbitration Award.. Document filed by Magnetar Capital LLC. (Plevan, Bettina)
December 17, 2019 Filing 11 DECLARATION of Bettina B. Plevan, esq. in Support re: #9 MOTION to Dismiss Petitioner's Motion to Vacate Arbitration Award.. Document filed by Magnetar Capital LLC. (Attachments: #1 Exhibit A)(Plevan, Bettina)
December 17, 2019 Filing 10 RESPONSE in Support of Motion re: #9 MOTION to Dismiss Petitioner's Motion to Vacate Arbitration Award. Respondent Magnetar Capital's Memorandum of Law In Support of it's Motion to Dismiss The Petition to Vacate Arbitration Award. Document filed by Magnetar Capital LLC. (Plevan, Bettina)
December 17, 2019 Filing 9 MOTION to Dismiss Petitioner's Motion to Vacate Arbitration Award. Document filed by Magnetar Capital LLC.(Plevan, Bettina)
December 17, 2019 Filing 8 MOTION to Dismiss Respondent Magnetar Capital's Memorandum of Law In Support of It's Motion to Dismiss The Petition to Vacate Arbitration Award. Document filed by Magnetar Capital LLC.(Plevan, Bettina)
December 13, 2019 Opinion or Order Filing 7 ORDER granting #5 Letter Motion for Extension of Time to File: ORDERED that Petitioner's letter motion for extension of time to file his supporting documents, Dkt. No. 5, is GRANTED. Petitioner shall file his memorandum of law and any supporting exhibits or affidavits by December 27, 2019. No further extensions will be granted. It is further ORDERED that Petitioner will confer with Respondent to permit Respondent the opportunity to request any appropriate redactions, pursuant to this Court's Individual Rules, prior to the public filing. (Signed by Judge Lorna G. Schofield on 12/13/2019) (jwh)
December 12, 2019 Opinion or Order Filing 6 ORDER: ORDERED that Respondent's request to seal the Petition and exhibits thereto, "and any other documents to be filed in the case" is DENIED. It is further ORDERED that Respondent shall email the Court proposed redactions to the Petition to Vacate Arbitration (Dkt. No. 3) by December 17, 2019 pursuant to this Courts Individual Rules. The Clerk of Court is respectfully requested to remove the Petition to Vacate Arbitration (Dkt. No. 3) from the docket. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/12/2019) (cf)
December 11, 2019 Filing 5 LETTER MOTION for Extension of Time to File Petitioner's Supporting Documents addressed to Judge Lorna G. Schofield from Petitioner Dalla-Longa by counsel dated December 11 2019. Document filed by Damian Dalla-Longa.(Kaufman, Alan)
December 10, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alan H. Kaufman. The following case opening statistical information was erroneously selected/entered: Jury Demand code p (Plaintiff); County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to n (None); the County code has been modified to New York; the Fee Status code has been modified to pd (paid);. (jgo)
December 10, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (jgo)
December 10, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alan H. Kaufman. The party information for the following party/parties has been modified: Damian Dalla-Longa; Magnetar Capital LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo)
December 10, 2019 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
December 10, 2019 Case Designated ECF. (jgo)
December 9, 2019 Filing 4 NOTICE of Notice of Motion re: #3 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Damian Dalla-Longa. (Kaufman, Alan)
December 9, 2019 Filing 3 PETITION TO VACATE ARBITRATION. (Filing Fee $ 400.00, Receipt Number ANYSDC-18248957).Document filed by Damian Dalla-Longa.(Kaufman, Alan)
December 9, 2019 Filing 2 FIRST MOTION for Alan H. Kaufman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18244549. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Damian Dalla-Longa. (Attachments: #1 Affidavit in support of Pro Hac Motion, #2 Text of Proposed Order proposed or for pro hac vice admission, #3 Exhibit Good Standing Certificate)(Kaufman, Alan)
December 9, 2019 Filing 1 CIVIL COVER SHEET filed. (Kaufman, Alan)
December 9, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #2 FIRST MOTION for Alan H. Kaufman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18244549. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

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Petitioner: Damian Dalla-Longa
Represented By: Alan H. Kaufman
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Respondent: Magnetar Capital LLC
Represented By: Bettina Barasch Plevan
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