Baker et al v. Bensalz Productions, Inc. et al
Plaintiff: Belinda Baker, Starbreacher Enterprises, LLC. and Starborne Productions, LLC.
Defendant: Bensalz Productions, Inc. and Excel Sports Management, LLC.
Case Number: 1:2020cv03342
Filed: April 29, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Alison J Nathan
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 fd
Jury Demanded By: Plaintiff
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This docket was last retrieved on September 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2020 Opinion or Order Filing 59 CASE TRANSFERRED IN from the United States District Court - District of Ohio Southern; Case Number: 1:18-cv-00757. Original file certified copy of transfer order and docket entries received. (sjo)
April 29, 2020 Opinion or Order Case Designated ECF. (sjo)
April 29, 2020 Opinion or Order 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. (sjo)
April 29, 2020 Opinion or Order Case transferred to Southern District of New York. Case file and docket sheet sent Electronically. (sct) [Transferred from Ohio Southern on 4/29/2020.]
April 29, 2020 Opinion or Order 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)
April 29, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Alison J. Nathan. 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)
April 28, 2020 Opinion or Order Filing 58 OPINION and ORDER granting #55 Plaintiffs' Motion to TransferVenue directing the Clerk to transfer the case to the Southern Districtof New York. Signed by Judge Douglas R. Cole on 4/28/20. (sct) [Transferred from Ohio Southern on 4/29/2020.]
April 24, 2020 Opinion or Order Filing 57 RESPONSE in Opposition re #55 MOTION for Reconsideration re #53 Order on Motion to Amend/Correct,, Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,,, MOTION to Change Venue Defendant Excel Sports Management LLC's Opposition to Plaintiffs' Motion for Reconsideration or Motion to Transfer Venue in the Alternative filed by Defendant Excel Sports Management, LLC.. (Herzig, Aaron) [Transferred from Ohio Southern on 4/29/2020.]
April 23, 2020 Opinion or Order Filing 56 RESPONSE in Opposition re #55 MOTION for Reconsideration re #53 Order on Motion to Amend/Correct,, Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,,, MOTION to Change Venue filed by Defendant Bensalz Productions, Inc.. (Burke, Timothy) [Transferred from Ohio Southern on 4/29/2020.]
April 3, 2020 Opinion or Order Filing 55 MOTION FOR RECONSIDERATION OR MOTION TO TRANSFER VENUE IN THE ALTERNATIVE by Plaintiffs Belinda Baker, Starborne Productions, LLC., Starbreacher Enterprises, LLC.. (Li, Hui). Modified docket text and Added MOTION to Change Venue on 4/6/2020 (eh).[Transferred from Ohio Southern on 4/29/2020.]
March 6, 2020 Opinion or Order Filing 54 CLERK'S JUDGMENT affirming #53 Order. (sct) [Transferred from Ohio Southern on 4/29/2020.]
March 6, 2020 Opinion or Order Filing 53 ORDER granting in part and denying in part (Docs. 15, 21) Defendants' Motions to Dismiss, denying #40 Plaintiffs' Motion for Leave to File Second Amended Complaint, and dismissing without prejudice #2 Plaintiffs' First Amended Complaint. Signed by Judge Douglas R. Cole on 3/6/20. (sct) [Transferred from Ohio Southern on 4/29/2020.]
January 17, 2020 Opinion or Order Notice terminating referral to Magistrate Judge Karen L. Litkovitz. (ss) [Transferred from Ohio Southern on 4/29/2020.]
December 11, 2019 Opinion or Order Filing 52 ORDER REASSIGNING CASE. Case reassigned to Judge Douglas R. Cole for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 12/11/2019. (ss)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from Ohio Southern on 4/29/2020.]
November 23, 2019 Opinion or Order Filing 51 REPLY to Response to Motion re #40 First MOTION to Amend/Correct filed by Plaintiffs Belinda Baker, Starborne Productions, LLC., Starbreacher Enterprises, LLC.. (Li, Hui) [Transferred from Ohio Southern on 4/29/2020.]
November 23, 2019 Opinion or Order Filing 50 Petitioner's REPLY BRIEF by Belinda Baker, Starborne Productions, LLC., Starbreacher Enterprises, LLC. . (Li, Hui) [Transferred from Ohio Southern on 4/29/2020.]
November 21, 2019 Opinion or Order Filing 49 NOTICE by Defendant Bensalz Productions, Inc. Withdrawal of Counsel (Burke, Timothy) [Transferred from Ohio Southern on 4/29/2020.]
November 20, 2019 Opinion or Order Filing 48 ORDER granting #47 Motion for Admission pro hac vice of Nicole S. Page. Signed by Judge Timothy S. Black on 11/19/19. (rrs) [Transferred from Ohio Southern on 4/29/2020.]
November 15, 2019 Opinion or Order Filing 47 First MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7201950) of NICOLE S. PAGE by Defendant Bensalz Productions, Inc.. (Burke, Timothy) [Transferred from Ohio Southern on 4/29/2020.]
November 14, 2019 Opinion or Order Filing 46 ORDER granting plaintiffs' #45 Motion for Extension of Time until 11/22/2019 in which to reply to defendants' responses to plaintiffs' #40 MOTION to Amend the complaint. Signed by Magistrate Judge Karen L. Litkovitz on 11/14/2019. (art) [Transferred from Ohio Southern on 4/29/2020.]
November 13, 2019 Opinion or Order Filing 45 MOTION for Extension of Time to File Response/Reply as to #43 Response in Opposition to Motion, #44 Response in Opposition to Motion, New date requested 11/22/2019. by Plaintiffs Belinda Baker, Starborne Productions, LLC., Starbreacher Enterprises, LLC.. (Li, Hui) [Transferred from Ohio Southern on 4/29/2020.]
October 30, 2019 Opinion or Order Filing 44 RESPONSE in Opposition re #40 First MOTION to Amend/Correct Defendant Excel Sports Management LLC's Opposition to Plaintiffs' Motion for Leave to File Seconded Amended Complaint and Add Additional Parties filed by Defendant Excel Sports Management, LLC.. (Herzig, Aaron) [Transferred from Ohio Southern on 4/29/2020.]
October 30, 2019 Opinion or Order Filing 43 RESPONSE in Opposition re #40 First MOTION to Amend/Correct Complaint and add parties filed by Defendant Bensalz Productions, Inc.. (Burke, Timothy) [Transferred from Ohio Southern on 4/29/2020.]
October 30, 2019 Opinion or Order Filing 42 RESPONSE in Opposition re #40 First MOTION to Amend/Correct Complaint and add parties filed by Defendant Bensalz Productions, Inc.. (Burke, Timothy) [Transferred from Ohio Southern on 4/29/2020.]
October 21, 2019 Opinion or Order Filing 41 ORDER denying as moot plaintiffs' #38 Motion to Stay proceedings. Signed by Magistrate Judge Karen L. Litkovitz on 10/21/2019. (art) [Transferred from Ohio Southern on 4/29/2020.]
October 9, 2019 Opinion or Order Filing 40 First MOTION to Amend/Correct by Plaintiffs Belinda Baker, Starborne Productions, LLC., Starbreacher Enterprises, LLC.. (Attachments: #1 Exhibit Exhibit 1) (Li, Hui) [Transferred from Ohio Southern on 4/29/2020.]
August 14, 2019 Opinion or Order Filing 39 RESPONSE in Opposition re #38 MOTION to Stay Proceedings Defendants' Joint Memorandum in Opposition to Plaintiffs' Motion to Stay Proceedings filed by Defendants Bensalz Productions, Inc., Excel Sports Management, LLC.. (Herzig, Aaron) [Transferred from Ohio Southern on 4/29/2020.]
August 14, 2019 Opinion or Order Filing 38 MOTION to Stay Proceedings by Plaintiffs Belinda Baker, Starborne Productions, LLC., Starbreacher Enterprises, LLC.. (Li, Hui) [Transferred from Ohio Southern on 4/29/2020.]
July 25, 2019 Opinion or Order Filing 37 Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 7/25/2019. Counsel for plaintiffs, and for defendants present. Matters discussed. (Court Reporter: None present) (art)[Transferred from Ohio Southern on 4/29/2020.]
May 31, 2019 Opinion or Order Filing 34 AFFIDAVIT re #33 Reply to Response to Motion of Eric Salzman by Defendant Bensalz Productions, Inc.. (Burke, Timothy) [Transferred from Ohio Southern on 4/29/2020.]
May 31, 2019 Opinion or Order Filing 33 REPLY to Response to Motion re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND OTHER GROUNDS filed by Defendant Bensalz Productions, Inc.. (Burke, Timothy) [Transferred from Ohio Southern on 4/29/2020.]
May 15, 2019 Opinion or Order Filing 32 ORDER granting #31 Motion for Extension of Time until 5/31/19 to File Reply re #21 MOTION TO DISMISS. Signed by Magistrate Judge Karen L. Litkovitz on 5/15/19. (sct) [Transferred from Ohio Southern on 4/29/2020.]
May 10, 2019 Opinion or Order Filing 31 First MOTION for Extension of Time to File New date requested 5/31/2019. REPLY MEMORANDUM by Defendant Bensalz Productions, Inc.. (Burke, Timothy) [Transferred from Ohio Southern on 4/29/2020.]
May 9, 2019 Opinion or Order Filing 30 RESPONSE in Opposition re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND OTHER GROUNDS filed by Plaintiffs Belinda Baker, Starborne Productions, LLC., Starbreacher Enterprises, LLC.. (Li, Hui) [Transferred from Ohio Southern on 4/29/2020.]
May 6, 2019 Opinion or Order Filing 29 REPLY to Response to Motion re #15 MOTION to Dismiss for Lack of Jurisdiction Defendant Excel Sports Management LLC's Motion to Dismiss Plaintiffs' Amended Complaint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Excel Sports Management LLC's Reply in Further Support of its Motion to Dismiss Plaintiffs' Amended Complaint filed by Defendant Excel Sports Management, LLC.. (Herzig, Aaron) [Transferred from Ohio Southern on 4/29/2020.]
April 23, 2019 Opinion or Order Filing 28 RESPONSE in Opposition re #15 MOTION to Dismiss for Lack of Jurisdiction Defendant Excel Sports Management LLC's Motion to Dismiss Plaintiffs' Amended Complaint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Belinda Baker, Starborne Productions, LLC., Starbreacher Enterprises, LLC.. (Li, Hui) [Transferred from Ohio Southern on 4/29/2020.]
April 11, 2019 Opinion or Order Filing 27 ORDER that plaintiffs' motions #24 #25 for extensions of time to respond are Granted. Plaintiffs shall have until 4/22/2019 to respond to #15 Excel's motion to dismiss the complaint. Plaintiffs shall have until 5/8/2019 to file their response to #21 BenSalz's motion to dismiss the complaint. Plaintiff's duplicate #26 motion to extend the time to respond to BenSalz's motion to dismiss is Denied a moot. Plaintiff's #4 motion to obtain electronic case filing rights is Denied a moot since plaintiff is no longer a pro se litigant and is now represented by counsel. Plaintiff's #5 motion for extension of time to obtain service is Denied as moot. Signed by Magistrate Judge Karen L. Litkovitz on 4/10/2019. (art) Modified on 4/12/2019 (eh). [Transferred from Ohio Southern on 4/29/2020.]
April 1, 2019 Opinion or Order Filing 26 AMENDED MOTION re #25 MOTION for Extension of Time to File Response/Reply as to #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND OTHER GROUNDS New date requested 5/8/2019. by Plaintiffs Belinda Baker, Starborne Productions, LLC., Starbreacher Enterprises, LLC.. (Li, Hui) Modified docket text on 4/2/2019 (sct). [Transferred from Ohio Southern on 4/29/2020.]
April 1, 2019 Opinion or Order Filing 25 MOTION for Extension of Time to File Response/Reply as to #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND OTHER GROUNDS New date requested 5/8/2019. by Plaintiffs Belinda Baker, Starborne Productions, LLC., Starbreacher Enterprises, LLC.. (Li, Hui) [Transferred from Ohio Southern on 4/29/2020.]
April 1, 2019 Opinion or Order Filing 24 MOTION for Extension of Time to File Response/Reply New date requested 4/22/2019. by Plaintiffs Belinda Baker, Starborne Productions, LLC., Starbreacher Enterprises, LLC.. (Li, Hui) [Transferred from Ohio Southern on 4/29/2020.]
April 1, 2019 Opinion or Order Filing 23 NOTICE of Appearance by Hui Li for Plaintiffs Belinda Baker, Starborne Productions, LLC., Starbreacher Enterprises, LLC. (Li, Hui) [Transferred from Ohio Southern on 4/29/2020.]
March 28, 2019 Opinion or Order Filing 22 NOTICE to pro-se plaintiffs regarding filing a response to defendant's #21 MOTION TO DISMISS. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from Ohio Southern on 4/29/2020.]
March 27, 2019 Opinion or Order Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND OTHER GROUNDS by Defendant Bensalz Productions, Inc.. (Attachments: #1 Rule 7.1 Disclosure, #2 Certificate of Service, #3 Bennett Declaration, #4 Exhibit 1 to Bennett Declaration, #5 Brocchini Declaration, #6 Exhibit 1 to Brocchini Declaration, #7 Exhibit 2 to Brocchini Declaration, #8 Exhibit 3 to Brocchini Declaration, #9 Exhibit 4 to Brocchini Declaration) (Kamrass, Micah) [Transferred from Ohio Southern on 4/29/2020.]
March 25, 2019 Opinion or Order Filing 20 ORDER granting #10 Motion for Admission Pro Hac Vice of Thomas L. Friedman. Signed by Judge Timothy S. Black on 3/25/19. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from Ohio Southern on 4/29/2020.]
March 25, 2019 Opinion or Order Filing 19 ORDER granting #11 Motion for Admission Pro Hac Vice of Mitchell Schuster. Signed by Judge Timothy S. Black on 3/25/19. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from Ohio Southern on 4/29/2020.]
March 25, 2019 Opinion or Order Filing 18 ORDER granting #17 Motion for Admission Pro Hac Vice of Lawrence V. Brocchini. Signed by Judge Timothy S. Black on 3/25/19. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from Ohio Southern on 4/29/2020.]
March 21, 2019 Opinion or Order Filing 17 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6850540) of Lawrence V. Brocchini by Defendant Bensalz Productions, Inc.. (Attachments: #1 Exhibit) (Kamrass, Micah) [Transferred from Ohio Southern on 4/29/2020.]
March 12, 2019 Opinion or Order Filing 16 NOTICE to pro-se plaintiffs regarding filing a response to defendant's #15 MOTION to Dismiss. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from Ohio Southern on 4/29/2020.]
March 11, 2019 Opinion or Order Filing 15 MOTION to Dismiss for Lack of Jurisdiction Defendant Excel Sports Management LLC's Motion to Dismiss Plaintiffs' Amended Complaint ( Responses due by 4/4/2019), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Excel Sports Management, LLC.. (Attachments: #1 Exhibit A - Declaration of Gabriel G. Matus) (Herzig, Aaron) [Transferred from Ohio Southern on 4/29/2020.]
March 11, 2019 Opinion or Order Filing 14 Corporate Disclosure Statement by Defendant Excel Sports Management, LLC.. (Herzig, Aaron) [Transferred from Ohio Southern on 4/29/2020.]
March 8, 2019 Opinion or Order Reset Deadlines: Bensalz Productions, Inc. answer due 3/27/2019. (bjc) [Transferred from Ohio Southern on 4/29/2020.]
March 7, 2019 Opinion or Order Filing 13 STIPULATION TO EXTEND TIME TO MOVE, ANSWER, OR OTHERWISE PLEAD by Defendant Bensalz Productions, Inc.. (Burke, Timothy) [Transferred from Ohio Southern on 4/29/2020.]
March 7, 2019 Opinion or Order Filing 12 NOTICE of Appearance by Timothy Michael Burke for Defendant Bensalz Productions, Inc. (Burke, Timothy) [Transferred from Ohio Southern on 4/29/2020.]
March 6, 2019 Opinion or Order Filing 11 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6825891) of Mitchell Schuster by Defendant Excel Sports Management, LLC.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order) (Herzig, Aaron) [Transferred from Ohio Southern on 4/29/2020.]
March 6, 2019 Opinion or Order Filing 10 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6825875) of Thomas L. Friedman by Defendant Excel Sports Management, LLC.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order) (Herzig, Aaron) [Transferred from Ohio Southern on 4/29/2020.]
February 27, 2019 Opinion or Order Filing 9 NOTICE of Filing Exhibits re #2 Amended Complaint, by Plaintiff Belinda Baker. (jlw) [Transferred from Ohio Southern on 4/29/2020.]
February 22, 2019 Opinion or Order Filing 8 SUMMONS Returned Executed as to Defendant Bensalz Productions, Inc.. Bensalz Productions, Inc. served on 2/16/2019, answer due 3/11/2019. (jlw) [Transferred from Ohio Southern on 4/29/2020.]
February 15, 2019 Opinion or Order Filing 7 STIPULATION Stipulated Extension of Time to Move, Answer, or Otherwise Plead by Defendant Excel Sports Management, LLC.. (Herzig, Aaron) [Transferred from Ohio Southern on 4/29/2020.]
February 15, 2019 Opinion or Order Filing 6 NOTICE of Appearance by Aaron Mark Herzig for Defendant Excel Sports Management, LLC. (Herzig, Aaron) [Transferred from Ohio Southern on 4/29/2020.]
February 1, 2019 Opinion or Order Filing 5 MOTION for Extension of Time to Extend the Deadline for Service. by Plaintiff Belinda Baker. (jlw) [Transferred from Ohio Southern on 4/29/2020.]
February 1, 2019 Opinion or Order Filing 4 MOTION for Electronic Case Filing Rights by Plaintiff Belinda Baker. (jlw) [Transferred from Ohio Southern on 4/29/2020.]
January 24, 2019 Opinion or Order Filing 3 Summons Issued as to Bensalz Productions, Inc., Excel Sports Management, LLC. (sct) [Transferred from Ohio Southern on 4/29/2020.]
December 20, 2018 Opinion or Order Filing 2 AMENDED COMPLAINT against Bensalz Productions, Inc., Excel Sports Management, LLC., Starborne Productions, LLC., Starbreacher Enterprises, LLC., filed by Belinda Baker. (jlw) (Main Document 2 replaced on 12/27/2018 original scan missing pages) (jlw). Modified on 12/27/2018 (jlw). [Transferred from Ohio Southern on 4/29/2020.]
November 5, 2018 Opinion or Order Filing 1 COMPLAINT against Bensalz Productions, Inc., Excel Sports Management, LLC., filed by Belinda Baker, Starbreacher Enterprises, LLC., Starborne Productions, LLC.. (Attachments: #1 Exhibits, #2 Civil Cover Sheet, #3 Filing Fee Receipt) (jlw)[Transferred from Ohio Southern on 4/29/2020.]
November 5, 2018 Opinion or Order Filing fee: $ 400.00, receipt number 100CIN035381 (jlw) [Transferred from Ohio Southern on 4/29/2020.]

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Search for this case: Baker et al v. Bensalz Productions, Inc. et al
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Plaintiff: Belinda Baker
Represented By: Hui Li
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Plaintiff: Starbreacher Enterprises, LLC.
Represented By: Hui Li
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Plaintiff: Starborne Productions, LLC.
Represented By: Hui Li
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Defendant: Bensalz Productions, Inc.
Represented By: Nicole S. Page
Represented By: Lawrence V. Brocchini
Represented By: Timothy Michael Burke
Represented By: Micah E. Kamrass
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Defendant: Excel Sports Management, LLC.
Represented By: Thomas L. Friedman
Represented By: Mitchell Schuster
Represented By: Aaron Mark Herzig
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