Stanise v. Loria
| John Stanise |
| Victor Loria |
| 1:2020cv02769 |
| April 2, 2020 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Both |
Docket Report
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This docket was last retrieved on June 15, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 36 DECLARATION of Dr. Victor Loria in Support re: #13 MOTION for Preliminary Injunction ., #12 MOTION to Change Venue ., #20 CROSS MOTION for Preliminary Injunction .. Document filed by Victor Loria. (Attachments: #1 Exhibits to Dr. Loria Supplemental Declaration).(Magnanini, Robert) |
| Filing 35 MEMORANDUM OF LAW in Opposition re: #20 CROSS MOTION for Preliminary Injunction . . Document filed by Victor Loria..(Magnanini, Robert) |
| Filing 34 REPLY MEMORANDUM OF LAW in Support re: #13 MOTION for Preliminary Injunction . . Document filed by Victor Loria..(Magnanini, Robert) |
| Filing 33 REPLY MEMORANDUM OF LAW in Support re: #12 MOTION to Change Venue . . Document filed by Victor Loria..(Magnanini, Robert) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #31 Proposed Default Judgment was reviewed and approved as to form. (dt) |
| Filing 32 DECLARATION of Jason A. Stewart in Support re: #30 Proposed Order to Show Cause Without Emergency Relief. Document filed by John Stanise. (Attachments: #1 Exhibit Complaint, #2 Exhibit Affidavit of Service, #3 Exhibit Certificate of Default).(Stewart, Jason) |
| Filing 31 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by John Stanise..(Stewart, Jason) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 30 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by John Stanise..(Stewart, Jason) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 29 ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against John Stanise. Document filed by Victor Loria..(Magnanini, Robert) |
| Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Victor Loria..(Magnanini, Robert) |
| Filing 27 CLERK'S CERTIFICATE OF DEFAULT as to Victor Loria, issued May 22, 2020.(dt) |
| Filing 26 DECLARATION of Jason A. Stewart in Support re: #24 Proposed Clerk's Certificate of Default. Document filed by John Stanise..(Stewart, Jason) |
| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by John Stanise..(Stewart, Jason) |
| Filing 24 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by John Stanise..(Stewart, Jason) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #30 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (ad) |
| Filing 23 MEMORANDUM OF LAW in Support re: #20 CROSS MOTION for Preliminary Injunction . . Document filed by John Stanise..(Stewart, Jason) |
| Filing 22 MEMORANDUM OF LAW in Opposition re: #13 MOTION for Preliminary Injunction . . Document filed by John Stanise..(Stewart, Jason) |
| Filing 21 DECLARATION of John Stanise in Support re: #13 MOTION for Preliminary Injunction ., #20 CROSS MOTION for Preliminary Injunction .. Document filed by John Stanise. (Attachments: #1 Exhibit Operating Agreement, #2 Exhibit Illustrative License Agreement, #3 Exhibit Assignment of Patent, #4 Exhibit Illustrative Lab Use Agreement, #5 Exhibit Email Correspondence, #6 Exhibit Email Correspondence, #7 Exhibit Email Correspondence, #8 Exhibit Funding Request).(Stewart, Jason) |
| Filing 20 CROSS MOTION for Preliminary Injunction . Document filed by John Stanise. Return Date set for 6/10/2020 at 03:00 PM..(Stewart, Jason) |
| Filing 19 MEMORANDUM OF LAW in Opposition re: #12 MOTION to Change Venue . . Document filed by John Stanise..(Stewart, Jason) |
| Filing 18 DECLARATION of John Stanise in Opposition re: #12 MOTION to Change Venue .. Document filed by John Stanise. (Attachments: #1 Exhibit Delaware Corporation Status, #2 Exhibit Operating Agreement, #3 Exhibit Email Correspondence, #4 Exhibit Email Correspondence, #5 Exhibit Email Correspondence).(Stewart, Jason) |
Filing 17
ORDER, It is hereby: ORDERED that the parties shall proceed according to the briefing schedule proposed by Plaintiff, as follows: By May 19, 2020, Plaintiff shall submit his opposition to Defendant's Motions along with his proposed cross-motion for a temporary restraining order and a preliminary injunction. By May 26, 2020, Defendant shall submit any reply in further support of his Motions along with his opposition to Plaintiff's cross-motion. By June 2, 2020, Plaintiff shall submit any reply in further support of his cross-motion.IT IS FURTHER ORDERED that the parties shall appear for a telephonic hearing on all pending motions on June 10, 2020, at 3:00 p.m. IT IS FURTHER ORDERED that the parties shall take care to adhere in the future to all instructions and orders of this Court. SO ORDERED. ( Cross Motions due by 5/19/2020., Motions due by 5/19/2020., Responses due by 5/26/2020, Replies due by 6/2/2020., Telephone Conference set for 6/10/2020 at 03:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 5/7/20) (yv)
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| Filing 16 LETTER addressed to Judge Vernon S. Broderick from Robert A. Magnanini dated 5/6/2020 re: Order Dated 5/5/2020. Document filed by Victor Loria..(Magnanini, Robert) |
| Filing 15 LETTER addressed to Judge Vernon S. Broderick from Jason A. Stewart dated 5/6/2020 re: Order Dated 5/5/2020. Document filed by John Stanise..(Stewart, Jason) |
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Filing 14
ORDER: Accordingly, it is hereby: ORDERED that by the close of business on May 6, 2020, the parties shall meet and confer on a briefing schedule for Defendant's motions and provide the Court with a joint letter setting forth that briefing schedule along with dates on which the parties would be available for a telephonic hearing on the motions. (Signed by Judge Vernon S. Broderick on 5/5/2020) (rro)
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| Filing 13 MOTION for Preliminary Injunction . Document filed by Victor Loria. (Attachments: #1 Brief in Support of Motion for Preliminary Injunction and Temporary Restraining Order, #2 Declaration of Dr. Victor Loria in Support of Motion, #3 Text of Proposed Order).(Magnanini, Robert) |
| Filing 12 MOTION to Change Venue . Document filed by Victor Loria. (Attachments: #1 Brief in Support of Motion to Transfer Venue, #2 Text of Proposed Order).(Magnanini, Robert) |
| Filing 11 NOTICE OF APPEARANCE by Robert A. Magnanini on behalf of Victor Loria..(Magnanini, Robert) |
| Filing 10 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT OR OTHERWISE RESPOND: WHEREFORE, the parties agree that the time by which Defendant Victor Loria is required to answer, move or otherwise respond to the Complaint is hereby extended through and including May 15 2020. Victor Loria answer due 5/15/2020.( Motions due by 5/15/2020.) (Signed by Judge Vernon S. Broderick on 4/28/2020) (js) |
| Filing 9 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, Made on consent and on behalf of pro se Defendant addressed to Judge Vernon S. Broderick from Jason A. Stewart dated 4/24/2020. Document filed by John Stanise. (Attachments: #1 Text of Proposed Order Proposed So Order Stipulation to Extend Defendant's Time to Answer).(Stewart, Jason) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,. Victor Loria served on 4/8/2020, answer due 4/29/2020. Service was accepted by Victor Loria. Document filed by John Stanise..(Stewart, Jason) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Victor Loria..(jgo) |
| Filing 6 NOTICE OF APPEARANCE by Jason A Stewart on behalf of John Stanise..(Stewart, Jason) |
| Filing 5 NOTICE OF APPEARANCE by Neal Brickman on behalf of John Stanise..(Brickman, Neal) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Victor Loria, re: #1 Complaint,. Document filed by John Stanise..(Brickman, Neal) |
| Magistrate Judge Debra C. Freeman 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. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Neal Brickman. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Nature of Suit code 150 (Contract: Recovery/Enforcement); Citizenship Plaintiff code 2 (Citizen of Another State); Dollar Demand $30,000,000; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332bc; the Nature of Suit code has been modified to 190 (Contract: Other); the Citizenship Plaintiff code has been modified to 1 (Citizen of This State); the Dollar Demand has been modified to $9,999,000 (MAXIMUM DOLLAR AMOUNT ACCEPTED ON CM ECF); the County code has been modified to XX Out of State. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Neal Brickman to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): plaintiff's attorney information was omitted. 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 corrected summons form PDF. (pne) |
| Filing 3 CIVIL COVER SHEET filed..(Brickman, Neal) |
| Filing 2 FILING ERROR - PDF ERROR -REQUEST FOR ISSUANCE OF SUMMONS as to VICTOR LORIA, re: #1 Complaint,. Document filed by John Stanise..(Brickman, Neal) Modified on 4/3/2020 (pne). |
| Filing 1 COMPLAINT against Victor Loria. (Filing Fee $ 400.00, Receipt Number ANYSDC-19316855)Document filed by John Stanise. (Attachments: #1 Exhibit Operating Agreement, #2 Exhibit First Amendment, #3 Exhibit Second Amendment, #4 Exhibit Third Amendment).(Brickman, Neal) |
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| Plaintiff: John Stanise | |
| Represented By: | Neal Brickman |
| Represented By: | Jason A Stewart |
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| Defendant: Victor Loria | |
| Represented By: | Robert A. Magnanini |
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