Seibel v. Frederick et al
Plaintiff: Rowen Seibel
Defendant: Jude Jeffrey Frederick and Jennifer Frederick
Nominal Defendant: Rare Partnership LLC
Case Number: 1:2020cv02603
Filed: March 27, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Paul A Engelmayer
Nature of Suit: Stockholders Suits
Cause of Action: 28 U.S.C. ยง 1332 ss
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 13, 2020 Opinion or Order Filing 36 OPINION & ORDER re: #6 MOTION for Temporary Restraining Order: For the foregoing reasons, the Court denies Seibel's motion for a preliminary injunction and temporary restraining order and dismisses the AC in its entirety. The Clerk of Court is respectfully directed to terminate the motion pending at docket 6 and to close this case. (Signed by Judge Paul A. Engelmayer on 4/13/2020) (jwh)
April 8, 2020 Filing 35 NOTICE OF APPEARANCE by Kevin Kehrli on behalf of Rowen Seibel(Individually), Rowen Seibel(derivatively on behalf of Rare Partnership LLC)..(Kehrli, Kevin)
April 6, 2020 Filing 34 REPLY MEMORANDUM OF LAW in Support re: #6 MOTION for Temporary Restraining Order . . Document filed by Rowen Seibel(Individually)..(Garson, Robert)
April 2, 2020 Filing 33 NOTICE of of LIMITED APPEARANCE. Document filed by Jennifer Frederick, Jude Jeffrey Frederick..(Katz, Brian)
April 2, 2020 Filing 32 DECLARATION of JEFFREY FREDERICK in Opposition re: #6 MOTION for Temporary Restraining Order .. Document filed by Jennifer Frederick, Jude Jeffrey Frederick..(Katz, Brian)
April 2, 2020 Filing 31 DECLARATION of BRIAN A. KATZ in Opposition re: #6 MOTION for Temporary Restraining Order .. Document filed by Jennifer Frederick, Jude Jeffrey Frederick. (Attachments: #1 Exhibit A, #2 Exhibit B).(Katz, Brian)
April 2, 2020 Filing 30 MEMORANDUM OF LAW in Opposition re: #6 MOTION for Temporary Restraining Order . . Document filed by Jennifer Frederick, Jude Jeffrey Frederick..(Katz, Brian)
April 2, 2020 Filing 29 AMENDED COMPLAINT amending #27 Amended Complaint, against Jennifer Frederick, Jude Jeffrey Frederick with JURY DEMAND.Document filed by Rowen Seibel(Individually). Related document: #27 Amended Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B).(Garson, Robert)
April 2, 2020 Filing 28 NOTICE OF DISMISSAL AS TO DEFENDANT RARE PARTNERSHIP, LL: IT IS HEREBY NOTICED, that Plaintiff Rowen Seibel requests dismissal of the Defendant Rare Partnership LLC without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (Rare Partnership LLC terminated.) (Signed by Judge Paul A. Engelmayer on 4/2/2020) (jwh)
April 2, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert David Garson to RE-FILE Document No. #27 Amended Complaint,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading; select Rowen Seibel only once. 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. (pne)
April 1, 2020 Filing 27 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - AMENDED COMPLAINT amending #22 Amended Complaint, against Jennifer Frederick, Jude Jeffrey Frederick with JURY DEMAND.Document filed by Rowen Seibel(Individually), Rowen Seibel(derivatively on behalf of Rare Partnership LLC). Related document: #22 Amended Complaint,..(Garson, Robert) Modified on 4/2/2020 (pne).
April 1, 2020 Opinion or Order Filing 26 ORDER granting #24 Letter Motion for Extension of Time: Granted. Defendants' opposition is due Thursday, April 2, 2020, at 5 p.m. Plaintiff's reply is due Monday, April 6, 2020, at 5 p.m. (Signed by Judge Paul A. Engelmayer on 4/1/2020) (jwh)
April 1, 2020 Filing 25 LETTER addressed to Judge Paul A. Engelmayer from Robert Garson dated April 1, 2020 re: Defendants' Adjournment Request. Document filed by Rowen Seibel(Individually)..(Garson, Robert)
April 1, 2020 Filing 24 LETTER MOTION for Extension of Time to oppose Plaintiffs motion for a temporary restraining order and preliminary injunction addressed to Judge Paul A. Engelmayer from Brian A. Katz dated April 1, 2020. Document filed by Jennifer Frederick, Jude Jeffrey Frederick, Rare Partnership LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Katz, Brian)
April 1, 2020 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #23 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. (tp)
April 1, 2020 Set/Reset Deadlines as to #6 MOTION for Temporary Restraining Order: Responses due by 4/2/2020. Replies due by 4/6/2020. (jwh)
April 1, 2020 ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Rowen Seibel(derivatively on behalf of Rare Partnership LLC) added. Party added pursuant to #22 Amended Complaint,.Document filed by Rowen Seibel(derivatively on behalf of Rare Partnership LLC). Related document: #22 Amended Complaint,..(Garson, Robert)
April 1, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert David Garson to RE-FILE re: Document No. #22 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading. Add party Rowen Seibel. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. 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. (jgo)
March 31, 2020 Filing 23 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) Rare Partnership LLC. Document filed by Rowen Seibel(Individually). Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Garson, Robert)
March 31, 2020 Filing 22 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint against Jennifer Frederick, Jude Jeffrey Frederick with JURY DEMAND.Document filed by Rowen Seibel(Individually). Related document: #1 Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B).(Garson, Robert) Modified on 4/1/2020 (jgo).
March 30, 2020 Filing 21 ELECTRONIC SUMMONS ISSUED as to Jude Jeffrey Frederick..(jgo)
March 27, 2020 Filing 20 AFFIDAVIT OF SERVICE of Order of the Court, TRO papers and initiating documents served on Rare Partnership LLC on 3/27/20. Document filed by Rowen Seibel(Individually), Rowen Seibel(derivatively on behalf of Rare Partnership LLC)..(Garson, Robert)
March 27, 2020 Filing 19 AFFIDAVIT OF SERVICE of Order of the Court, TRO papers and initiating documents served on Jennifer Frederick on 3/27/20. Document filed by Rowen Seibel(Individually), Rowen Seibel(derivatively on behalf of Rare Partnership LLC)..(Garson, Robert)
March 27, 2020 Filing 18 AFFIDAVIT OF SERVICE of Order of the Court, TRO papers and initiating documents. served on Jude Jeffrey Frederick on 3/27/20. Document filed by Rowen Seibel(Individually), Rowen Seibel(derivatively on behalf of Rare Partnership LLC)..(Garson, Robert)
March 27, 2020 Opinion or Order Filing 17 ORDER re: #13 Proposed Order to Show Cause Without Emergency Relief: The Court has reviewed plaintiff Rowen Seibel's proposed order to show cause, Dkt. 13, requesting a temporary restraining order against defendants. The Court seeks a response from defendants, who have not yet been served or filed a notice of appearance, by Wednesday, April 1, 2020, at 5 p.m., as well as a reply from Seibel, by Friday, April 3, 2020, at 5 p.m. Accordingly, the Court directs counsel for plaintiff to serve this order via email to defendants and their counsel in the related New York state court action, and to file an affidavit of service on the docket of this case, forthwith, and in any event, by the end of the day. For avoidance of doubt, the Court has not entered the proposed temporary restraining order, and will not determine whether or not to do so until the above-requested briefs are received. (Signed by Judge Paul A. Engelmayer on 3/27/2020) (jwh)
March 27, 2020 Filing 16 DECLARATION of Robert Garson re: #13 Proposed Order to Show Cause Without Emergency Relief, . Document filed by Rowen Seibel(Individually), Rowen Seibel(derivatively on behalf of Rare Partnership LLC). (Attachments: #1 Exhibit A, #2 Exhibit B).(Garson, Robert)
March 27, 2020 Filing 15 MEMORANDUM OF LAW re: #13 Proposed Order to Show Cause Without Emergency Relief, . Document filed by Rowen Seibel(Individually), Rowen Seibel(derivatively on behalf of Rare Partnership LLC)..(Garson, Robert)
March 27, 2020 Filing 14 AFFIDAVIT of Rowen Seibel re: #13 Proposed Order to Show Cause Without Emergency Relief, . Document filed by Rowen Seibel(Individually), Rowen Seibel(derivatively on behalf of Rare Partnership LLC)..(Garson, Robert)
March 27, 2020 Filing 13 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Rowen Seibel(Individually), Rowen Seibel(derivatively on behalf of Rare Partnership LLC)..(Garson, Robert) Proposed Order to be reviewed by Clerk's Office staff.
March 27, 2020 Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Jude Jeffrey Frederick, re: #1 Complaint. Document filed by Rowen Seibel(Individually), Rowen Seibel(derivatively on behalf of Rare Partnership LLC)..(Garson, Robert)
March 27, 2020 Filing 11 ELECTRONIC SUMMONS ISSUED as to Rare Partnership LLC..(jgo)
March 27, 2020 Filing 10 ELECTRONIC SUMMONS ISSUED as to Jennifer Frederick..(jgo)
March 27, 2020 Filing 9 DECLARATION of Robert Garson in Support re: #6 MOTION for Temporary Restraining Order .. Document filed by Rowen Seibel. (Attachments: #1 Exhibit A, #2 Exhibit B).(Garson, Robert)
March 27, 2020 Filing 8 MEMORANDUM OF LAW in Support re: #6 MOTION for Temporary Restraining Order . . Document filed by Rowen Seibel..(Garson, Robert)
March 27, 2020 Filing 7 AFFIDAVIT of Rowen Seibel in Support re: #6 MOTION for Temporary Restraining Order .. Document filed by Rowen Seibel..(Garson, Robert)
March 27, 2020 Filing 6 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Temporary Restraining Order . Document filed by Rowen Seibel.(Garson, Robert) Modified on 3/27/2020 (dt).
March 27, 2020 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Jennifer Frederick, re: #1 Complaint. Document filed by Rowen Seibel..(Garson, Robert)
March 27, 2020 Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Jeffrey Frederick, re: #1 Complaint. Document filed by Rowen Seibel..(Garson, Robert) Modified on 3/27/2020 (jgo).
March 27, 2020 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to RarePartnership LLC, re: #1 Complaint. Document filed by Rowen Seibel..(Garson, Robert)
March 27, 2020 Filing 2 CIVIL COVER SHEET filed..(Garson, Robert)
March 27, 2020 Filing 1 COMPLAINT against Jennifer Frederick, Frederick J Jude, Rare Partnership LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-19250109)Document filed by Rowen Seibel. (Attachments: #1 Exhibit A, #2 Exhibit B).(Garson, Robert)
March 27, 2020 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #13 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. The Order to Show Cause is WITH Emergency Relief, Temporary Restraining Order and a Preliminary Injunction. (dt)
March 27, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert David Garson. The party information for the following party/parties has been modified: Rowen Seibel; Jude Jeffrey Frederick. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo)
March 27, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert David Garson. The following case opening statistical information was erroneously selected/entered: Dollar Demand $250000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $150000;. (jgo)
March 27, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert David Garson re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add party Rowen Seibel with party text 'individually'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo)
March 27, 2020 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..(jgo)
March 27, 2020 Magistrate Judge Robert W. Lehrburger 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)
March 27, 2020 ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Rowen Seibel added. Party added pursuant to #1 Complaint.Document filed by Rowen Seibel. Related document: #1 Complaint..(Garson, Robert)
March 27, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Robert David Garson to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on 'as to' docket entry text does not match exactly as it appears on pleading caption;. 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. (jgo)
March 27, 2020 Case Designated ECF. (jgo)
March 27, 2020 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Robert Garson to RE-FILE Document #6 MOTION for Temporary Restraining Order . Use the event type Order to Show Cause without Emergency Relief found under the event list Proposed Orders, I now that it has a TRO, and under the circumstances there is no other event to use at this time, also add the language at the end of the TRO Security in the amount of $_________, will be posted by __________. Please take care of A.S.A.P. Chambers is waiting for you to make the changes and RE-file the OTSC. (dt)

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Defendant: Jude Jeffrey Frederick
Represented By: Brian Andrew Katz
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Defendant: Jennifer Frederick
Represented By: Brian Andrew Katz
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Plaintiff: Rowen Seibel
Represented By: Robert David Garson
Represented By: Kevin Kehrli
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Nominal defendant: Rare Partnership LLC
Represented By: Brian Andrew Katz
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