Nitrous Funding, LLC v. Cardinal Equity, LLC
| NITROUS FUNDING, LLC |
| CARDINAL EQUITY, LLC, Wak Enterprises LLC doing business as Recovery of Judgement, ROJ Equity, LLC and TVT Capital LLC |
| 1:2020cv02216 |
| March 12, 2020 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Sarah Netburn |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 94
STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii): It is hereby stipulated and agreed by and between, Plaintiff, Nitrous Funding, LLC, and Defendant Cardinal Equity, LLC, and their respective counsel, that the above-captioned action is voluntarily dismissed without prejudice, against Defendant, Cardinal Equity, LLC, pursuant to the Federal Rules of Civil Procedure 41(a)(1) (A)(ii), with each party to bear their own cost and attorneys' fees. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/6/2022) (rro)
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| Filing 93 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, without prejudice against the defendant(s) Cardinal Equity, LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Nitrous Funding, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Deese, Dustin) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #93 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Paul A. Engelmayer for approval for the following reason(s): The action is Stayed. (dt) |
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Filing 92
ORDER: In light of the close of fact discovery on December 31, 2021, the parties are directed to contact Courtroom Deputy Rachel Slusher by email at Rachel_Slusher@nysd.uscourts.gov to schedule a settlement conference if it would be productive at this time. Due to the Court's busy calendar, settlement conferences must generally be scheduled at least four to six weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. (Signed by Magistrate Judge Sarah Netburn on 1/3/2022) (ras)
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| Filing 91 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Nitrous Funding, LLC, Cardinal Equity, LLC. Document filed by Nitrous Funding, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Deese, Dustin) Modified on 1/3/2022 (dt). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Deese, Dustin to RE-FILE Document #91 Notice of Voluntary Dismissal. Use the event type Stipulation of Voluntary Dismissal found under the event list Other Documents. Before re-filing have all attorneys sign (ink signatures), then when re-filing select it is against the defendant(s) Cardinal Equity, LLC. (dt) |
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Filing 90
NOTICE OF DISMISSAL, WITHOUT PREJUDICE, AS TO DEFENDANTS WAK ENTERPRISES LLC D/B/A RECOVERY OF JUDGMENT, ROJ EQUITY, LLC AND TVT CAPITAL LLC: Plaintiff, NITROUS FUNDING, LLC, pursuant to Federal Rule of Civil Procedure 41, hereby dismisses without prejudice its entire action(s) against Defendants WAK Enterprises LLC d/b/a Recovery of Judgment, ROJ Equity LLC, and TVT Capital LLC. Granted. SO ORDERED. Wak Enterprises LLC, ROJ Equity, LLC and TVT Capital LLC terminated. (Signed by Judge Paul A. Engelmayer on 12/7/2021) (va)
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| Filing 89 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) ROJ Equity, LLC, TVT Capital LLC, Wak Enterprises LLC. Document filed by Nitrous Funding, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Deese, Dustin) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #89 Notice of Voluntary Dismissal, was reviewed and referred to Judge Paul A. Engelmayer for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety; The action is Stayed. (dt) |
| Filing 88 THIRD AMENDED COMPLAINT amending #57 Amended Complaint, against Cardinal Equity, LLC, ROJ Equity, LLC, TVT Capital LLC, Wak Enterprises LLC with JURY DEMAND.Document filed by Nitrous Funding, LLC. Related document: #57 Amended Complaint,. (Attachments: #1 Notice of Filing Consent to file Amended Complaint).(Deese, Dustin) |
| Filing 87 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE -THIRD AMENDED COMPLAINT amending #57 Amended Complaint, against Cardinal Equity, LLC, ROJ Equity, LLC, TVT Capital LLC, Wak Enterprises LLC with JURY DEMAND.Document filed by Nitrous Funding, LLC. Related document: #57 Amended Complaint,..(Deese, Dustin) Modified on 11/23/2021 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Dustin D. Deese to RE-FILE Document No. #86 Amended Complaint. The filing is deficient for the following reason(s): the All Plaintiff radio button was selected; the wrong party/parties whom the pleading is against were selected. 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. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Dustin D. Deese to RE-FILE re: Document No. #87 Amended Complaint,. The filing is deficient for the following reason(s): Court's leave has not been granted. The Amended Complaint was correctly filed after the due date so permission from Chambers will need to be acquired to accept the refiled Amended Complaint. 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. (pc) Modified on 11/23/2021 (pc). |
| Filing 86 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR THIRD AMENDED COMPLAINT amending #57 Amended Complaint against All Plaintiffs with JURY DEMAND.Document filed by Nitrous Funding, LLC. Related document: #57 Amended Complaint.(Deese, Dustin) Modified on 11/23/2021 (sj). |
| Filing 85 MEMORANDUM OF LAW in Support re: #82 MOTION to Dismiss for Lack of Jurisdiction and For Failure to State Plausible Causes of Action. . Document filed by ROJ Equity, LLC, TVT Capital LLC, Wak Enterprises LLC..(Haber, Jeffrey) |
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Filing 84
ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by November 22, 2021. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by December 14, 2021, Newly Added Defendants shall: file an answer; file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall file any opposition to the motion to dismiss by November 22, 2021. Newly Added Defendants' reply, if any, shall be filed by December 14, 2021. So Ordered. (Responses due by 11/22/2021, Replies due by 12/14/2021.) (Signed by Judge Paul A. Engelmayer on 10/26/2021) (js)
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| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jeffrey Haber to RE-FILE Document #83 MOTION to Dismiss Memorandum in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction and to State Plausible Claims. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (kj) |
| Filing 83 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Memorandum in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction and to State Plausible Claims. Document filed by ROJ Equity, LLC, TVT Capital LLC, Wak Enterprises LLC. Responses due by 11/22/2021.(Haber, Jeffrey) Modified on 11/12/2021 (kj). Modified on 11/12/2021 (kj). |
| Filing 82 MOTION to Dismiss for Lack of Jurisdiction and For Failure to State Plausible Causes of Action. Document filed by ROJ Equity, LLC, TVT Capital LLC, Wak Enterprises LLC. Responses due by 11/22/2021.(Haber, Jeffrey) |
| Filing 81 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ROJ Equity, LLC..(Haber, Jeffrey) |
| Filing 80 NOTICE OF APPEARANCE by Jeffrey Michael Haber on behalf of ROJ Equity, LLC..(Haber, Jeffrey) |
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Filing 79
ORDER FOR ADMISSION PRO HAC VICE granting #78 Motion for Dustin D. Deese to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Paul A. Engelmayer on 9/30/2021) (kv)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #78 MOTION for Dustin D. Deese to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 78 MOTION for Dustin D. Deese to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nitrous Funding, LLC. (Attachments: #1 Affidavit Affidavit in Support with Certificate of Good Standing, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Deese, Dustin) |
| Filing 77 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Nitrous Funding, LLC. Related Document Number: #75 ..(Deese, Dustin) Proposed Order to be reviewed by Clerk's Office staff. Modified on 9/29/2021 (wb). |
| Filing 76 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Dustin D. Deese in Support re: #75 ORAL MOTION for Dustin D. Deese to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25124840. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Nitrous Funding, LLC..(Deese, Dustin) Modified on 9/29/2021 (wb). |
| Filing 75 FILING ERROR - DEFICIENT DOCKET ENTRY - ORAL MOTION for Dustin D. Deese to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25124840. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nitrous Funding, LLC..(Deese, Dustin) Modified on 9/29/2021 (wb). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #75 ORAL MOTION for Dustin D. Deese to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25124840. Motion and supporting papers to be reviewed by Clerk's Office staff., #76 Affidavit in Support of Motion, #77 Proposed Order.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida; missing Proposed Order; Please refile the Motion pro hac vice and attach the Declaration, Cert of Good and Proposed Order as exhibits to the Motion;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
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Filing 74
ORDER: On March 3, 2021, the Honorable Paul A. Engelmayer referred this matter to my docket for general pretrial matters and for settlement. As the parties' case management plan proposes a settlement conference as a means of alternative dispute resolution, the parties are directed to contact Courtroom Deputy Rachel Slusher by email at Rachel_Slusher@nysd.uscourts.gov with three (3) mutually convenient dates, to schedule a settlement conference to take place after the completion of depositions. Due to the Court's busy calendar, settlement conferences must generally be scheduled at least four to six weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. (Signed by Magistrate Judge Sarah Netburn on 9/17/2021) (ras)
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| Set/Reset Deadlines: Expert Discovery due by 2/14/2022. (jca) |
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Filing 73
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. 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. All motions and applications shall be governed by the Court's Individual Rules and Practices, including the requirement of a pre-motion conference before a motion for summary judgment is filed. All counsel must meet face-to-face for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 days. The case management conference currently scheduled for October 8, 2021 at 3 p.m. is rescheduled to January 28, 2022 at 10 a.m. (And as further set forth herein.) SO ORDERED. Deposition due by 12/30/2021. Fact Discovery due by 12/31/2021. Expert Discovery due by 2/14/2022. Case Management Conference set for 1/28/2022 at 10:00 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 9/16/2021) (jca) Modified on 9/17/2021 (jca).
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| Filing 72 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Pursuant to September 13, 2021 Order Document filed by TVT Capital LLC. (Attachments: #1 Text of Proposed Order Proposed Civil Case Management Order).(Haber, Jeffrey) |
| Filing 71 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Wak Enterprises LLC..(Haber, Jeffrey) |
| Filing 70 NOTICE OF APPEARANCE by Jeffrey Michael Haber on behalf of Wak Enterprises LLC..(Haber, Jeffrey) |
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Filing 69
ORDER granting #68 Letter Motion for Extension of Time. The Court has received a letter from counsel for a newly added defendant requesting additional time for discovery. Dkt. 68. The Court agrees that such new defendants are entitled to seek discovery, and is dismayed by the falsity of plaintiffs' earlier representation that the addition of new defendants would not entail consequential discovery. Dkt. 56. By September 15, 2021, the parties are directed to file an amended case management that sets a firm deadline for the conclusion of fact discovery by the end of December. The parties are reminded that future discovery disputes or requests should be addressed to Judge Netburn. (Signed by Judge Paul A. Engelmayer on 9/13/2021) (va)
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| Filing 68 LETTER MOTION for Extension of Time To Answer, Move or Otherwise Respond to Complaint and To Set Discovery Schedule addressed to Judge Paul A. Engelmayer from Jeffrey M. Haber dated September 9, 2021. Document filed by TVT Capital LLC. (Attachments: #1 Exhibit Stipulation and (Proposed) Order).(Haber, Jeffrey) |
| Filing 67 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by TVT Capital LLC..(Haber, Jeffrey) |
| Filing 66 NOTICE OF APPEARANCE by Jeffrey Michael Haber on behalf of TVT Capital LLC..(Haber, Jeffrey) |
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Filing 65
ORDER granting #58 Letter Motion for Extension of Time to Complete Discovery. The Court will grant the parties a one-week extension to complete discovery. No further extensions will be granted. Discovery must be complete by September 17, 2021. Discovery due by 9/17/2021. (Signed by Judge Paul A. Engelmayer on 8/4/2021) (va)
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| Filing 64 ELECTRONIC SUMMONS ISSUED as to TVT Capital LLC..(pc) |
| Filing 63 ELECTRONIC SUMMONS ISSUED as to WAK ENTERPRISES LLC d/b/a Recovery of Judgement..(pc) |
| Filing 62 ELECTRONIC SUMMONS ISSUED as to ROJ EQUITY, LLC..(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Evan Wilson Bolla. The party information for the following party/parties has been modified: ROJ EQUITY, LLC, WAK ENTERPRISES LLC d/b/a Recovery of Judgement. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted;. (pc) |
| Filing 61 REQUEST FOR ISSUANCE OF SUMMONS as to WAK Enterprises LLC d/b/a Recovery of Judgement, re: #57 Amended Complaint,. Document filed by Nitrous Funding, LLC..(Bolla, Evan) |
| Filing 60 REQUEST FOR ISSUANCE OF SUMMONS as to TVT CAPITAL LLC, re: #57 Amended Complaint,. Document filed by Nitrous Funding, LLC..(Bolla, Evan) |
| Filing 59 REQUEST FOR ISSUANCE OF SUMMONS as to ROJ EQUITY, LLC, re: #57 Amended Complaint,. Document filed by Nitrous Funding, LLC..(Bolla, Evan) |
| Filing 58 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Paul Thanasides dated August 3, 2021. Document filed by Nitrous Funding, LLC..(Thanasides, Paul) |
| Filing 57 SECOND AMENDED COMPLAINT amending #6 Amended Complaint against Cardinal Equity, LLC, WAK ENTERPRISES LLC d/b/a Recovery of Judgement, ROJ EQUITY, LLC, TVT Capital LLC with JURY DEMAND.Document filed by Nitrous Funding, LLC. Related document: #6 Amended Complaint..(Bolla, Evan) |
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Filing 56
ORDER: At the conference on July 21, 2021, the Court directed plaintiffs counsel to file a letter explaining the history of, and lack of progress in, this case, and the basis for plaintiffs request to reopen fact discovery. The Court has received counsel's letter and, substantially for the reasons given, will reopen discovery until September 10, 2021. No further extensions will be granted. The Court directs counsel to confer immediately and to submit, by close of business on August 3, 2021, a plan for completing discovery by the deadline set. Plaintiff is granted leave to file the amended complaint at docket 53-1 provided that it does not occasion significant additional discovery. Plaintiff is directed to file the amended complaint by Friday, July 30, 2021. The Court schedules a case management conference for October 8, 2021 at 3 p.m. SO ORDERED. ( Amended Pleadings due by 7/30/2021, Discovery due by 9/10/2021.), ( Case Management Conference set for 10/8/2021 at 03:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 7/28/2021) (ate)
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| Filing 55 LETTER addressed to Judge Paul A. Engelmayer from Paul Thanasides dated 07/26/2021 re: Discovery History. Document filed by Nitrous Funding, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Bolla, Evan) |
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Filing 54
ORDER denying without prejudice #53 Motion to Amend/Correct Amended Complaint. At today's conference, the Court directed plaintiffs counsel to file a letter explaining the history of, and lack of progress in, this case, and the basis for plaintiffs request to reopen fact discovery. That letter is due on July 26, 2021 by 5 p.m. Defendant's response is due on July 29, 2021 by 5 p.m. The Court denied, without prejudice, plaintiffs motion for leave to file a second amended complaint. The Clerk of Court is respectfully directed to terminate the motion pending at docket 53. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/21/2021) (va)
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| Filing 53 FIRST MOTION to Amend/Correct Amended Complaint. Document filed by Nitrous Funding, LLC. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Exhibit Blackline).(Bolla, Evan) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Case Management Conference held on 7/21/2021. Court reporter present. (ajs) |
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Filing 52
ORDER: Due to a scheduling conflict, the case management conference currently scheduled for July 20, 2021 at 4 p.m. is rescheduled for July 21, 2021 at 11 a.m. SO ORDERED. ( Case Management Conference set for 7/21/2021 at 11:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 7/20/2021) (va)
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Filing 51
ORDER: Due to a scheduling conflict, the case management conference currently scheduled for July 20, 2021 at 3:30 p.m. is rescheduled for 4 p.m. on the same day., (Case Management Conference set for 7/20/2021 at 04:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 7/15/2021) (nb)
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Filing 50
ORDER: The Court has received an email from plaintiff's counsel indicating that lead counsel for Nitrous Funding, LLC, has experienced a significant adverse health event. In light of this, plaintiff, with consent of defendant, requests a 30-day stay of all deadlines in the case and adjournment of the case management conference. The Court grants the 30-day stay and wishes counsel a speedy recovery. The case management conference currently scheduled for June 18, 2021 at 2:30 p.m. is rescheduled for July 20, 2021 at 3:30 p.m. SO ORDERED., ( Case Management Conference set for 7/20/2021 at 03:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 6/16/2021) (ama)
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| Case Stayed (ama) |
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Filing 49
ORDER: A case management conference is scheduled for June 18, 2021 at 2:30 p.m. Dkt. 48. Due to the current public health situation, that conference will be a telephonic conference. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound(#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. SO ORDERED., ( Case Management Conference set for 6/18/2021 at 02:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 6/11/2021) (ama)
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Filing 48
ORDER: Due to a scheduling conflict, the case management conference currently scheduled for June 17, 2021 at 2:00 p.m. is rescheduled for June 18, 2021 at 2:30 p.m. SO ORDERED. ( Case Management Conference set for 6/18/2021 at 02:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 6/9/2021) (va)
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Filing 47
ORDER: Due to a scheduling conflict, the case management conference currently scheduled for June 11, 2021 at 2:00 p.m. is rescheduled for June 17, 2021 at 2:00 p.m. (Case Management Conference set for 6/17/2021 at 02:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 6/8/2021) (rro)
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Filing 46
MEMO ENDORSEMENT on re: #45 LETTER addressed to Magistrate Judge Sarah Netburn from Martin Shell dated April 7, 2021 re: Joint Letter. Document filed by Cardinal Equity, LLC. ENDORSEMENT: All discovery deadlines shall be extended for 30 days. All fact discovery shall be completed by June 15, 2021. All expert discovery shall be completed by July 31, 2021. The deadline will not be extended. So ordered. (Expert Discovery due by 7/31/2021. Fact Discovery due by 6/15/2021.) (Signed by Magistrate Judge Sarah Netburn on 4/9/2021) (rjm)
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| Filing 45 LETTER addressed to Magistrate Judge Sarah Netburn from Martin Shell dated April 7, 2021 re: Joint Letter. Document filed by Cardinal Equity, LLC..(Shell, Martin) |
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Filing 44
ORDER: The parties appeared before the Court on March 8, 2021, for a discovery conference. It is ORDERED that (1) Plaintiff shall identify 24 merchants for which it seeks merchant agreements, and Defendant shall produce such merchant agreements as soon as possible; (2) Arty Bujan shall be deposed no later than March 19, 2021, for the purposes of describing Cardinal's document management and retention systems and explaining Cardinal's discovery responses to date; and (3) the parties shall file a joint status letter regarding document discovery on March 26, 2021. (Signed by Magistrate Judge Sarah Netburn on 3/9/2021) (ras)
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| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Discovery Hearing held on 3/8/2021. (ras) Modified on 4/1/2021 (ras). Modified on 4/1/2021 (ras). |
| Filing 43 LETTER addressed to Magistrate Judge Sarah Netburn from Martin Shell dated March 5, 2021 re: Discovery. Document filed by Cardinal Equity, LLC..(Shell, Martin) |
| Set/Reset Hearings: Discovery Hearing set for 3/8/2021 at 10:00 AM before Magistrate Judge Sarah Netburn. (ras) |
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Filing 42
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement; General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). TI1e pa1ties are directed to jointly contact the Magistrate Judge's Chambers to schedule a prompt settlement conference on a mutually agreeable date. Referred to Magistrate Judge Sarah Netburn. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/3/2021) (jca)
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Filing 41
ORDER granting #40 Letter Motion for Discovery Conference. A telephonic discovery conference is scheduled for March 8, 2021, at 10:00 a.m., to discuss the Plaintiff's pending motion at ECF No. 40 for discovery and sanctions. At that time the parties shall dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) sign. The Defendant may file a response to the Plaintiff's motion no later than March 5, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 40 LETTER MOTION for Discovery addressed to Judge Paul A. Engelmayer from Lindsey Skibell dated 03/02/2021. Document filed by Nitrous Funding, LLC. (Attachments: #1 Exhibit Second Amended Responses and Objections).(Skibell, L. Reid) |
| Filing 39 LETTER addressed to Judge Paul A. Engelmayer from Lindsey Skibell dated 03/02/2021 re: Joint Discovery Update. Document filed by Nitrous Funding, LLC..(Skibell, L. Reid) |
| Filing 38 MEMO ENDORSEMENT on re: #37 Letter, filed by Nitrous Funding, LLC ENDORSEMENT: The Court appreciates this update-and expects rigorous compliance with the discovery deadlines in this case. Discovery remains under the able supervision of Judge Netburn. (Signed by Judge Paul A. Engelmayer on 2/1/2021) (jwh) |
| Filing 37 LETTER addressed to Judge Paul A. Engelmayer from REID SKIBELL dated 01/29/2021 re: UPDATE ON DISCOVERY. Document filed by Nitrous Funding, LLC. (Attachments: #1 Exhibit DEFENDANT CARDINAL EQUITY, LLCS AMENDED RESPONSES TO PLAINTIFFS NITROUS FUNDING, LLC FIRST SET OF REQUESTS FOR THE PRODUCTION OF DOCUMENTS).(Skibell, L. Reid) |
| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephone Conference held on 1/21/2021. (ras) |
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Filing 36
ORDER: The Defendant shall have until January 28, 2021, to produce a revised response and responsive documents to the Plaintiff's discovery demands. Finally, the settlement conference scheduled for January 29, 2021, at 10:00 a.m. is adjourned, and rescheduled for February 9, 2021, at 2:00 p.m. At that time the parties should dial the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. The parties should submit ex parte letters and attendance forms by February 2, 2021, in accordance with Judge Netburn's individual rules of practice. (Settlement Conference set for 2/9/2021 at 02:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 1/21/2021) (ras)
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Filing 35
ORDER: In light of the extension of time to complete fact discovery, Dkt. 34, the case management conference presently scheduled for April 15, 2021 at 2:00 p.m. is rescheduled for June 11, 2021 at 2:00 p.m. (Case Management Conference set for 6/11/2021 at 02:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 1/8/2021) (jwh)
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Filing 34
ORDER: Accordingly, the following amendments are made to the November 17, 2020 Civil Case Management Plan and Scheduling Order: Fact discovery shall be completed by May 15, 2021. Depositions shall be completed by March 30, 2021. Expert discovery shall be completed by June 28, 2021. In addition, the Defendant is ordered to produce responsive documents by Monday, January 11, 2021. The parties should meet and confer regarding any outstanding discovery disputes and, to the extent disputes remain, the parties shall appear at a telephonic conference on January 21, 2021, at 2:00 p.m. At that time the parties should dial the Courts dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. If there are no remaining disputes, the parties should jointly file a letter requesting that the conference be adjourned. Finally, a telephonic settlement conference is scheduled for January 29, 2021, at 10:00 a.m., with ex parte letters and attendance forms due by January 26, 2021, in accordance with Judge Netburn's individual rules of practice. The dial-in information for the settlement conference is the same as that listed above. So Ordered. (Deposition due by 3/30/2021., Expert Discovery due by 6/28/2021., Fact Discovery due by 5/15/2021., Responses due by 1/11/2021), ( Settlement Conference set for 1/29/2021 at 10:00 AM before Magistrate Judge Sarah Netburn., Telephone Conference set for 1/21/2021 at 02:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 1/7/2021) (js)
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| Filing 33 LETTER addressed to Judge Paul A. Engelmayer from Paul Thanasides dated December 14, 2020 re: Court's November 25, 2020 Order. Document filed by Nitrous Funding, LLC..(Thanasides, Paul) |
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Filing 32
SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Thursday, January 7, 2021, at 10:00 a.m. and will be held telephonically. The Court will provide dial-in information by email before the conference. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Monday, January 4, 2021. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Settlement Conference set for 1/7/2021 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 12/2/2020) (ras)
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Filing 31
ORDER granting #30 Letter Motion for Discovery: Cardinal is ordered to begin rolling production by December 11, 2020. Following that date, the parties are instructed to file monthly a joint letter explaining the progress of document production. The Court declines to impose sanctions or award Nitrous its costs in preparing the letter motion. (Signed by Judge Paul A. Engelmayer on 11/25/2020) (jwh)
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| Filing 30 LETTER MOTION for Discovery addressed to Judge Paul A. Engelmayer from Paul Thanasides dated 11/18/20. Document filed by Nitrous Funding, LLC..(Thanasides, Paul) |
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Filing 29
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. 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 (or August 24, 2020) from the date of the Courts original Civil Case Management Plan and Scheduling Order. All fact discovery shall be completed no later than March 15, 2021. Depositions to be completed by January 29, 2021. All expert discovery shall be completed no later than April 29, 2021. Counsel for the parties have conferred and their present best estimate of the length of trial is 4 days. Case Management Conference set for 4/15/2021 at 02:00 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 11/17/2020) (jwh)
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time: Granted. However, the parties should not expect further extensions, and the Court expects to turn urgently to the process of completing document discovery. A joint status letter as to progress made in discovery is due four weeks from today, on December 15, 2020. (Signed by Judge Paul A. Engelmayer on 11/17/2020) (jwh)
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| Set/Reset Deadlines: Deposition due by 1/29/2021. Expert Discovery due by 4/29/2021. Fact Discovery due by 3/15/2021. (jwh) |
| Filing 27 LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Paul Thanasides dated November 16, 2020. Document filed by Nitrous Funding, LLC. (Attachments: #1 Exhibit Enclosure).(Thanasides, Paul) |
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Filing 26
ORDER: On Monday, August 24, 2020, the Honorable Paul A. Engelmayer assigned this matter to my docket for settlement. In light of the impending close of fact discovery, the parties are directed to contact Courtroom Deputy Rachel Slusher, rachel_slusher@nysd.uscourts.gov, with three (3) mutually convenient dates, to schedule a settlement conference if they believe it would be productive. Due to the Court's busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advance. The Court will likely be unable to accommodate last- minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. As soon as practicable. So Ordered. (Signed by Magistrate Judge Sarah Netburn on 11/2/2020) (js)
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Filing 25
ORDER: On Monday, August 24, 2020, the Honorable Paul A. Engelmayer assigned this matter to my docket for settlement. In light of the Court's busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. The parties are directed to contact Courtroom Deputy Rachel Slusher by email at Rachel_Slusher@nysd.uscourts.gov with three (3) mutually convenient dates, to schedule a settlement conference for a time when they believe it would be productive. The parties should assume that the settlement conference will be conducted by telephone using a platform that will allow the Court to hold confidential conversations with counsel and the party representative(s) for each side. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 8/28/2020) (ama)
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| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephonic Initial Pretrial Conference held on 7/24/2020. (ajs) |
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Filing 24
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. 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. All motions and applications shall be governed by the Court's Individual Rules and Practices, including the requirement of a pre-motion conference before a motion for summary judgment is filed. All counsel must meet face-to-face for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery. Counsel for the parties have conferred and their present best estimate of the length of trial is 4 days. Deposition due by 11/1/2020. Fact Discovery due by 12/14/2020. Expert Discovery due by 1/29/2021. Case Management Conference set for 1/12/2021 at 10:30 AM before Judge Paul A. Engelmayer. (And as further set forth herein.) (Signed by Judge Paul A. Engelmayer on 7/24/2020) (jca)
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Filing 23
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah Netburn. The parties are directed to jointly contact the Magistrate Judge's Chambers to schedule a prompt settlement conference on a mutually agreeable date. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/24/2020) (ks)
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| Filing 22 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Nitrous Funding, LLC. (Attachments: #1 Text of Proposed Order).(Bolla, Evan) |
| Filing 21 NOTICE of Service of Pre-conference Order re: #20 Order for Initial Pretrial Conference,. Document filed by Nitrous Funding, LLC..(Bolla, Evan) |
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Filing 20
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/24/2020 at 11:00 AM before Judge Paul A. Engelmayer. hereby scheduled for July 24, 2020 at 11 a.m. This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key, as further set forth in this order. (Signed by Judge Paul A. Engelmayer on 7/1/2020) (jwh)
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Filing 19
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/24/2020 at 11:00 AM before Judge Paul A. Engelmayer. This conference will be held telephonically. The parties should call into the Courts dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key, and as further set forth in this order. (Signed by Judge Paul A. Engelmayer on 6/26/2020) (jwh)
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Filing 18
ORDER FOR ADMISSION PRO HAC VICE granting #15 Motion for Paul B. Thanasides to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 6/23/2020) (jwh)
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Filing 17
ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for Christina Casadonte-Apostolou to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 6/23/2020) (jwh)
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| Filing 16 ANSWER to #6 Amended Complaint. Document filed by Cardinal Equity, LLC..(Shell, Martin) |
| Filing 15 MOTION for Paul B. Thanasides to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nitrous Funding, LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Thanasides, Paul) |
| Filing 14 MOTION for Christina Casadonte-Apostolou to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19913859. Motion and supporting papers to be reviewed by Clerk's Office staff. Filing fee $ 200.00, receipt number ANYSDC-19914234. Document filed by Nitrous Funding, LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Casadonte-Apostolou, Christina) Modified on 6/4/2020 (ad). Modified on 6/4/2020 (ad). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Paul B. Thanasides to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #14 MOTION for Christina Casadonte-Apostolou to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) |
| Filing 13 NOTICE OF APPEARANCE by Lindsey Rudd Skibell on behalf of Nitrous Funding, LLC..(Skibell, Lindsey) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Cardinal Equity, LLC served on 5/21/2020, answer due 6/11/2020. Service was accepted by Karla Zenteno. Document filed by Nitrous Funding, LLC..(Skibell, Lindsey) |
| Filing 11 FILING ERROR - DEFICIENT PRO HAC VICE MOTION - MOTION for Paul B. Thanasides to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19914234. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nitrous Funding, LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Thanasides, Paul) Modified on 5/20/2020 (ad). |
| Filing 10 FILING ERROR - DEFICIENT PRO HAC VICE MOTION - MOTION for Christina Casadonte-Apostolou to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19913859. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nitrous Funding, LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Casadonte-Apostolou, Christina) Modified on 5/20/2020 (ad). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #10 MOTION for Christina Casadonte-Apostolou to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19913859. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): The certificate of Good Standing must be issued by the Clerk of the Florida Supreme Court and the affidavit must be notarized;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ad) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for Paul B. Thanasides to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19914234. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): The certificate of Good Standing must be issued by the Clerk of the Florida Supreme Court and the affidavit must be notarized;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ad) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nitrous Funding, LLC..(Bolla, Evan) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Cardinal Equity, LLC..(jgo) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to CARDINAL EQUITY, LLC, re: #6 Amended Complaint. Document filed by Nitrous Funding, LLC..(Bolla, Evan) |
| Filing 6 AMENDED COMPLAINT amending #1 Complaint against Cardinal Equity, LLC with JURY DEMAND.Document filed by Nitrous Funding, LLC. Related document: #1 Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Bolla, Evan) |
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Filing 5
ORDER: Accordingly, in the interests of justice, the Court grants plaintiff leave to amend the complaint under Federal Rule of Civil Procedure 15(a)(2) to allege the citizenships of all members of the LLCs in this case by March 27, 2020. (Amended Pleadings due by 3/27/2020.) (Signed by Judge Paul A. Engelmayer on 3/13/2020) (jwh)
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Filing 4
ORDER granting #3 Letter Motion for Leave to File Document: Granted. (Signed by Judge Paul A. Engelmayer on 3/13/2020) (jwh)
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| Filing 3 LETTER MOTION for Leave to File Corrected Exhibit C addressed to Judge Paul A. Engelmayer from Evan W. Bolla dated 3/13/2020. Document filed by Nitrous Funding, LLC..(Bolla, Evan) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Evan Wilson Bolla. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 2 (Citizen of Another State); Citizenship Defendant code 1 (Citizen of This State); Dollar Demand $75,001,000; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Dollar Demand has been modified to blank; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Evan Wilson Bolla. The party information for the following party/parties has been modified: NITROUS FUNDING, LLC, CARDINAL EQUITY, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(pc) |
| Magistrate Judge Sarah Netburn 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 2 CIVIL COVER SHEET filed..(Bolla, Evan) |
| Filing 1 COMPLAINT against CARDINAL EQUITY, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-19092561)Document filed by NITROUS FUNDING, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Bolla, Evan) |
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