Edgefield Holdings LLC v. Einbinder & Dunn LLP
| Edgefield Holdings, LLC |
| Einbinder & Dunn LLP |
| 1:2020cv00074 |
| January 6, 2020 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 fr |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 4, 2020. A more recent docket listing may be available from PACER.
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| Filing 36 NOTICE OF APPEARANCE by Cassandra M. Vogel on behalf of Edgefield Holdings, LLC..(Vogel, Cassandra) |
| Filing 35 NOTICE OF APPEARANCE by Dina Leah Hamerman on behalf of Edgefield Holdings, LLC..(Hamerman, Dina) |
Filing 34
ORDER granting in part and denying in part #33 Letter Motion to Adjourn Conference. GRANTED in part, DENIED in part. The initial pretrial conference scheduled for March 4, 2020 is ADJOURNED to April 13, 2020, at 11:00 a.m. The parties shall submit their joint letter and proposed case management plan by April 6, 2020. It is further ORDERED that by March 30, 2020, Plaintiff shall obtain representation by an attorney admitted to practice in this court. Initial Conference set for 4/13/2020 at 11:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 2/27/2020) (cf)
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| Filing 33 LETTER MOTION to Adjourn Conference and Rule 41(b) order to show cause application addressed to Judge Analisa Torres from Stephanie J. Blumstein dated 2/26/2020. Document filed by Einbinder & Dunn LLP. Return Date set for 3/4/2020 at 11:00 AM..(Blumstein, Stephanie) |
| Filing 32 ANSWER to #17 Amended Complaint,,,. Document filed by Einbinder & Dunn LLP.(Blumstein, Stephanie) |
| Filing 31 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Einbinder & Dunn LLP.(Blumstein, Stephanie) |
| Filing 30 NOTICE OF APPEARANCE by Stephanie Jill Blumstein on behalf of Einbinder & Dunn LLP. (Blumstein, Stephanie) |
| Filing 29 NOTICE OF APPEARANCE by Michael Einbinder on behalf of Einbinder & Dunn LLP. (Einbinder, Michael) |
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Filing 28
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Einbinder & Dunn LL substitutes Michael Einbinder in place of Bernie E Hauder. (As further set forth in this Order.) Michael Einbinder for Einbinder & Dunn LLP added. (Signed by Judge Analisa Torres on 1/10/2020) (cf)
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Filing 27
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Einbinder & Dunn LL substitutes Stephanie J. Blumstein in place of Bernie E Hauder. (As further set forth in this Order.) Attorney Stephanie Jill Blumstein for Einbinder & Dunn LLP added. Attorney Bernie E Hauder terminated. (Signed by Judge Analisa Torres on 1/10/2020) (cf)
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| Filing 26 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Einbinder & Dunn LLP. (Einbinder, Michael) |
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Filing 25
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (Signed by Judge Analisa Torres on 1/7/2020) (mro)
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Filing 24
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 3/4/2020 at 11:00 AM in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (Signed by Judge Analisa Torres on 1/7/2020) (mro)
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| Filing 23 CASE TRANSFERRED IN from the United States District Court - District of Texas Northern; Case Number: 3:19-cv-01495. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge Stewart D. Aaron 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. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Analisa Torres. 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. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
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Filing 22
Memorandum Opinion and Order: A "[c]ourt cannot both dismiss and transfer" a case. Haas Outdoors, Inc. v. Dryshod Int'l, LLC, 347 F. Supp. 3d 266, 273 (N.D. Miss. 2018). For the foregoing reasons, Einbinder's motion to dismiss for lack of personal jurisdiction (Doc. #11 ) is DENIED and the case is hereby TRANSFERRED to the Southern District of New York. Additionally, Edgefield's objection to Einbinder's reply brief (Doc. #19 ) is DENIED in part and MOOTED in part. (Ordered by Judge Jane J. Boyle on 12/31/2019) (ndt) [Transferred from Texas Northern on 1/6/2020.]
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Filing 21
MEMORANDUM OPINION AND ORDER re: #11 Motion to Dismiss for Lack of Personal Jurisdiction. The Court DENIES the motion (Doc. #11 ) and TRANSFERS the case to the Southern District of New York.1 Plaintiff Edgefield Holdings, L.L.C.'s Objection to Einbinder's Reply (Doc. #19 ) is DENIED in part and MOOTED in part. (Ordered by Judge Jane J. Boyle on 12/31/2019) (axm) [Transferred from Texas Northern on 1/6/2020.]
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| Filing 20 OBJECTION filed by Einbinder & Dunn LLP re: #19 Motion to Strike. (Hauder, Bernie) Modified text on 12/27/2019 (axm). [Transferred from Texas Northern on 1/6/2020.] |
| Filing 19 OBJECTIONS and MOTION to Strike Reply Memorandum of Law in Further Support of Defendant's Motion to Dismiss filed by Edgefield Holdings LLC re: #11 Motion to Dismiss. (Gameros, Charles) Modified text and linkage on 12/27/2019 (axm). [Transferred from Texas Northern on 1/6/2020.] |
| Filing 18 REPLY filed by Einbinder & Dunn LLP re: #11 MOTION to Dismiss for Lack of Personal Jurisdiction (Attachments: #1 Exhibit(s), #2 Affidavit(s)) (Hauder, Bernie) [Transferred from Texas Northern on 1/6/2020.] |
| Filing 17 AMENDED COMPLAINT WITH JURY DEMAND against Einbinder & Dunn LLP filed by Edgefield Holdings LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A - Final Judgment, #2 Exhibit(s) B - Order Granting Motion to Certify, #3 Exhibit(s) C - Abstracted Judgment, #4 Exhibit(s) D - App for Charging Order, #5 Exhibit(s) E - outgoing wire request, #6 Exhibit(s) F - Agreed Charging Order, #7 Exhibit(s) G - outgoing wire request, #8 Exhibit(s) H - Fees Judgment) (Gameros, Charles) [Transferred from Texas Northern on 1/6/2020.] |
| Filing 16 RESPONSE filed by Edgefield Holdings LLC re: #11 MOTION to Dismiss for Lack of Personal Jurisdiction (Attachments: #1 Exhibit(s) (Final Judgment SD Fla), #2 Exhibit(s) (Order Granting Motion to Certify), #3 Exhibit(s) (Certified Abstract of Judgment), #4 Exhibit(s) (Motion for Charging Order N.D. Tex.), #5 Exhibit(s) (Outbound Wire to E&D), #6 Exhibit(s) (Agreed Charging Order N.D.Tex.), #7 Exhibit(s) (Outbound Wire to E&D 2), #8 Exhibit(s) (FL Docket), #9 Exhibit(s) (TX Docket)) (Gameros, Charles) [Transferred from Texas Northern on 1/6/2020.] |
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Filing 15
ORDER TO SHOW CAUSE: The Court ORDERS Plaintiff to SHOW CAUSE in writing no later than 11/5/2019, why this case should not be dismissed for lack of subject matter jurisdiction. (Ordered by Judge Jane J. Boyle on 10/22/2019) (axm) [Transferred from Texas Northern on 1/6/2020.]
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Filing 14
ELECTRONIC ORDER: The Court hereby GRANTS the motion for extension of briefing deadlines. Doc. 13. The Court hereby ORDERS the Plaintiff to file its response by November 1, 2019, and for Defendant to file any Reply by November 15, 2019. (Ordered by Judge Jane J. Boyle on 10/7/2019) (chmb) [Transferred from Texas Northern on 1/6/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #11 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Edgefield Holdings LLC (Attachments: #1 Proposed Order Granting Agreed Motion To Extend Briefing Deadlines) (Gameros, Charles) [Transferred from Texas Northern on 1/6/2020.] |
| Filing 12 Brief/Memorandum in Support filed by Einbinder & Dunn LLP re #11 MOTION to Dismiss for Lack of Personal Jurisdiction (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Hauder, Bernie) [Transferred from Texas Northern on 1/6/2020.] |
| Filing 11 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Einbinder & Dunn LLP (Attachments: #1 Proposed Order) (Hauder, Bernie) [Transferred from Texas Northern on 1/6/2020.] |
| Filing 10 AMENDED COMPLAINT WITH JURY DEMAND against Einbinder & Dunn LLP filed by Edgefield Holdings LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A - Final Judgment, #2 Exhibit(s) B - Order Granting Motion to Certify, #3 Exhibit(s) C - Abstracted Judgment, #4 Exhibit(s) D - App for Charging Order, #5 Exhibit(s) E - outgoing wire request, #6 Exhibit(s) F - Agreed Charging Order, #7 Exhibit(s) G - outgoing wire request, #8 Exhibit(s) H - Fees Judgment) (Gameros, Charles) [Transferred from Texas Northern on 1/6/2020.] |
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Filing 9
ELECTRONIC ORDER granting #8 Defendant's Second Agreed Motion for Extension of Time to File Answer. Defendant must file its answer to Plaintiff's Complaint on or before September 13, 2019. (Ordered by Judge Jane J. Boyle on 8/20/2019) (chmb) [Transferred from Texas Northern on 1/6/2020.]
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| Filing 8 Second Motion for Extension of Time to File Answer and/or Other Responsive Pleading filed by Einbinder & Dunn LLP with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Hauder, Bernie) [Transferred from Texas Northern on 1/6/2020.] |
| Filing 7 SUMMONS Returned Executed as to Einbinder & Dunn LLP; served on 7/1/2019. (rekc) Modified date served on 7/24/2019 (zkc). [Transferred from Texas Northern on 1/6/2020.] |
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Filing 6
ELECTRONIC ORDER granting #5 Defendant's Agreed Motion for Extension of Time to File Answer. Defendant must file its answer or otherwise respond to Plaintiff's complaint on or before August 23, 2019. (Ordered by Judge Jane J. Boyle on 7/16/2019) (chmb) [Transferred from Texas Northern on 1/6/2020.]
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| Filing 5 Agreed Motion for Extension of Time to File Answer And/Or Other Responsive Pleadings filed by Einbinder & Dunn LLP (Attachments: #1 Proposed Order)Attorney Bernie E Hauder added to party Einbinder & Dunn LLP(pty:dft) (Hauder, Bernie) [Transferred from Texas Northern on 1/6/2020.] |
| Filing 4 Summons Issued as to Einbinder & Dunn LLP. (zkc) [Transferred from Texas Northern on 1/6/2020.] |
| Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (zkc) [Transferred from Texas Northern on 1/6/2020.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Edgefield Holdings, LLC, assignee and successor-in-interest to The Learning Experience Systems, LLC. (Gameros, Charles) [Transferred from Texas Northern on 1/6/2020.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against Einbinder & Dunn, L.L.P. filed by Edgefield Holdings, LLC, assignee and successor-in-interest to The Learning Experience Systems, LLC. (Filing fee $400; Receipt number 0539-10071831) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A - Final Judgment S.D. Fla., #2 Exhibit(s) B - Order Granting Motion to Certify, #3 Exhibit(s) C - Certified Abstract of Judgment N.D. Tex., #4 Exhibit(s) D - Motion for Charging Order N.D. Tex., #5 Exhibit(s) E - Agreed Charging Order N.D. Tex., #6 Exhibit(s) F - Ourtbound Wire to Einbinder Dunn, #7 Exhibit(s) G - Final Judgment on Attys Fees S.D. Fla., #8 Cover Sheet) (Gameros, Charles) Modified on 6/25/2019 to add filing fee & receipt number (zkc). [Transferred from Texas Northern on 1/6/2020.] |
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