Kumaran et al v. Vision Financial Markets, LLC et al
Plaintiff: Samantha Siva Kumaran, Other similarly situated customers 1-100, Others similarly situated CTA's 1-100, Nefertiti Risk Capital Management, LLC, Nefertiti Asset Management, LLC and Nefertiti Holding Corporation
Defendant: Lazzara Consulting, Inc., Boshnack Family, LLC, Vision Financial Markets, LLC, Robert Boshnack, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, Gerard Stephen Lazzara, Julie Villa, High Ridge Holding Corporation, Inc., Vision Investment Advisor, Inc., Howard Rothman, Vision Brokerage Service, LLC and John Felag
Case Number: 1:2020cv03871
Filed: May 19, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Stewart D Aaron
Referring Judge: Gregory H Woods
Nature of Suit: Securities/Commodities
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 20, 2023 Opinion or Order Filing 247 FIRST LETTER MOTION for Leave to File Motion to Withdraw addressed to Judge Gregory H. Woods from Randy E. Kleinman dated October 20, 2023. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC..(Kleinman, Randy)
December 29, 2022 Opinion or Order Received e-mail from the United States District Court - District of Connecticut acknowledging receipt of transferred case. Assigned Case Number: 3:22-cv-01653, filed on 12/13/2022. (sgz)
December 6, 2022 Opinion or Order CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Connecticut.(yv)
December 6, 2022 Opinion or Order Case Stay Lifted. (yv)
December 6, 2022 Opinion or Order Filing 246 ORDER granting #214 Motion to Transfer Case. In light of the facts noted in the order to show cause, as well as Plaintiffs consent to transfer, the Court hereby transfers this action to the District of Connecticut. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 214 and to transfer this case to the United States Federal Court for the District of Connecticut. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/6/22) (yv) Transmission to Office of the Clerk of Court for processing.
December 6, 2022 Opinion or Order Filing 245 MEMORANDUM OPINION & ORDER: re: #98 MOTION to Dismiss. filed by Julie Villa, #101 MOTION to Dismiss #89 Second Amended Complaint [MOTION TO COMPEL ARBITRATION IN PART, AND TO DISMISS OR IN THE ALTERNATIVE TO STAY PENDING ARBITRATION]. filed by Lazzara Consulting, Inc., H Rothman Family Advisors, Inc., Vision Investment Advisor, Inc., Robert Boshnack, Vision Financial Markets, LLC, High Ridge Holding Corporation, Inc., Vision Brokerage Service, LLC, Gerard Stephen Lazzara, Boshnack Family, LLC, John Felag, High Ridge Futures, LLC, Howard Rothman. For the foregoing reasons, Plaintiffs' objections to Judge Aaron's order granting Defendants' partial motion to compel arbitration are overruled. Defendants' motions to dismiss are DENIED without prejudice. This action is hereby STAYED pending arbitration, and the parties are directed to file a joint status letter no later than seven days following the conclusion of the arbitration. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 98 and 101. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/06/2022) (ama)
September 12, 2022 Opinion or Order Filing 244 REPLY MEMORANDUM OF LAW in Support re: #234 Objection to Report and Recommendations . Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
September 8, 2022 Opinion or Order Filing 243 REPLY MEMORANDUM OF LAW in Support re: #233 Objection to Report and Recommendations . Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC..(Kleinman, Randy)
September 7, 2022 Opinion or Order Filing 242 ORDER granting #241 Letter Motion for Extension of Time to File Response/Reply re #241 LETTER MOTION for Extension of Time to File Response/Reply to September 20, 2022 (Partial Consent to September 15, 2022) - out of office due to bug addressed to Judge Gregory H. Woods from Samantha S. Kumaran dated September 7, 2022. Plaintiff's September 7, 2022, request for an extension of time to file its reply to Defendant's response to Plaintiff's objections to Judge Aaron's Report and Recommendation, Dkt. No. 239, is granted in part. Plaintiff's reply is due no later than September 12, 2022. The Clerk of Court is directed to terminate the motion pending at Dkt. 241. (Signed by Judge Gregory H. Woods on 9/7/2022) (rro)
September 7, 2022 Opinion or Order Filing 241 LETTER MOTION for Extension of Time to File Response/Reply to September 20, 2022 (Partial Consent to September 15, 2022) - out of office due to bug addressed to Judge Gregory H. Woods from Samantha S. Kumaran dated September 7, 2022. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
September 1, 2022 Opinion or Order Filing 239 RESPONSE re: #233 Objection to Report and Recommendations, #234 Objection to Report and Recommendations . Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
August 31, 2022 Opinion or Order Filing 240 ORDER: The Court finds that Ms. Kumaran has not established that Judge Aaron abused his discretion in determining that her substitution would not expedite or simplify these actions. Judge Aaron's assessment of the anticipated burden is not clearly erroneous. Accordingly, Ms. Kumaran's objections to Judge Aaron's order are overruled. (Signed by Judge Gregory H. Woods on 8/31/2022) (rro)
August 31, 2022 Opinion or Order Filing 238 MEMO ENDORSEMENT on re: #236 Letter,, filed by Lazzara Consulting, Inc., H Rothman Family Advisors, Inc., Vision Investment Advisor, Inc., Robert Boshnack, Vision Financial Markets, LLC, High Ridge Holding Corporation, Inc., Vision Brokerage Service, LLC, Gerard Stephen Lazzara, Boshnack Family, LLC, John Felag, High Ridge Futures, LLC, Howard Rothman. ENDORSEMENT: The word "not" inadvertently was omitted by the Court in the last line of footnote 10 in ECF No. 223. The Court has filed a corrected version of the document (see ECF No. 237). SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/31/2022) (kl)
August 29, 2022 Opinion or Order Filing 236 LETTER addressed to Magistrate Judge Stewart D. Aaron from Jenny R. Chou dated August 29, 2022 re: Clarification of courts footnote 10 on August 4, 2022 order. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
August 25, 2022 Opinion or Order Filing 235 Appellant's REPLY BRIEF. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
August 18, 2022 Opinion or Order Filing 234 OBJECTION to #223 Report and Recommendations Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
August 18, 2022 Opinion or Order Filing 233 OBJECTION to #223 Report and Recommendations Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC..(Kleinman, Randy)
August 11, 2022 Opinion or Order Filing 232 RESPONSE re: #209 Appeal of Magistrate Judge Decision to District Court, . Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc.. (Attachments: #1 Exhibit A).(Chou, Jenny)
August 11, 2022 Opinion or Order Filing 231 ORDER. Ms. Kumaran's request for an extension of time to file objections to Judge Aaron's Report and Recommendation, Dkt. No. 230, is denied. As the Court explained in its August 8, 2022 order, Plaintiffs have fourteen days to file objections to Judge Aarons Report and Recommendation, which is the default deadline under Federal Rule of Civil Procedure 72(b) for all parties, regardless of whether they are pro se. The fact that Ms. Kumaran has another deadline in one of the related cases during that fourteen-day period is not sufficient justification for an extension of the deadline. In addition, Ms. Kumaran objects to Defendants' request to stay the briefing on Plaintiffs' motion to transfer. The Court granted Defendants' request prior to receiving Ms. Kumaran's letter. See Dkt. No. 229. For the sake of clarity, the Court will expand on its reasoning. On February 23, 2022, the Court ordered Plaintiffs to show cause why this action should not be transferred to the District of Connecticut. Dkt. No. 156. Subsequently, the Court stayed the deadline for Plaintiffs to show cause pending resolution of Defendants' motion to dismiss. Dkt Nos. 181, 186. The Court did not lift that stay. Instead, without leave from the Court, Plaintiffs filed a purported letter motion to transfer this action. The Court never established a briefing schedule for that motion, and agrees with Defendants' position that judicial economy is served by staying briefing of that motion pending resolution of any timely objections to Judge Aaron's Report and Recommendation. Accordingly, the Court granted Defendants' request. Finally, the Court observes that the Court granted a stay in this matter for the Corporate Plaintiffs to obtain counsel and later granted an additional two week stay to afford counsel more time to become familiar with the issues in the case. The stays impacted all deadlines in the related cases, not merely the deadlines for Defendants. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
August 10, 2022 Opinion or Order Filing 230 LETTER addressed to Judge Gregory H. Woods from Samantha S. Kumaran dated August 10, 2022 re: Response to Letter from Ms. Chou dated August 10, 2022 ECF228. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
August 10, 2022 Opinion or Order Filing 229 MEMO ENDORSEMENT on re: #228 Letter,,, filed by Lazzara Consulting, Inc., H Rothman Family Advisors, Inc., Vision Investment Advisor, Inc., Robert Boshnack, Vision Financial Markets, LLC, High Ridge Holding Corporation, Inc., Vision Brokerage Service, LLC, Gerard Stephen Lazzara, Boshnack Family, LLC, John Felag, High Ridge Futures, LLC, Howard Rothman. ENDORSEMENT: Application granted. The deadline to file any opposition or reply to the pending motion to transfer this case to the District of Connecticut is stayed pending resolution of any timely objections to Judge Aaron's Report and Recommendation. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/10/2022) (tg)
August 10, 2022 Opinion or Order Filing 228 LETTER addressed to Judge Gregory H. Woods from Attorney Jenny R. Chou dated August 10, 2022 re: request for the Court to confirm, or order, that Defendants Joint Letter Motion to Remove Stay on ECF156 and to Transfer this Action to the District of Connecticut will be held in abeyance until after a ruling on any objections to Magistrate Judge Aarons August 4, 2022 Opinion and Order and Report and Recommendation on the Defendants Motions to Compel Arbitration/Motion to Dismiss, or until after the two-week period for filing objections has passed. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
August 8, 2022 Opinion or Order Filing 227 ORDER denying #224 Letter Motion for Extension of Time; denying #225 Letter Motion to Continue; denying #225 Letter Motion for Extension of Time to File. Plaintiffs' request for an extension of time to file objections to Judge Aaron's Report and Recommendation, Dkt. Nos. 224-25, is denied. The fourteen-day deadline to file objections to a report and recommendation is the default deadline under Federal Rule of Civil Procedure 72(b), which applies to all parties. The Court expects that Plaintiffs can meet this deadline. Ms. Kumaran's request for an extension of time to file reply briefs in connection with her motion filed at Dkt. No. 209, Dkt. No. 190, is granted. Ms. Kumaran's reply, if any, is due no later than fourteen days after the date of service of Defendant's opposition. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 224 and 225. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/8/22) (yv)
August 5, 2022 Opinion or Order Filing 226 LETTER addressed to Judge Gregory H. Woods from J. Villa, dated 8/5/22 re: "LETTER OBJECTION TO PLAINTIFFS' REQUEST FOR EXTENSION OF TIME(ECF 224, ECF 225)" - Plaintiffs' Letter-Motion to extend the deadline is deficient because it fails to state the number of previous requests for adjournment or extension of time(Rule 1.e(2) etc. Document filed by Julie Villa.(sc)
August 4, 2022 Opinion or Order Filing 237 CORRECTED OPINION AND ORDER AND REPORT AND RECOMMENDATION: [For the reasons set forth], it is hereby Ordered that the partial motion to compel arbitration is GRANTED and this action is STAYED with respect to the claims by NRCM and NAM against defendants High Ridge, Rothman, Boshnack, Felag, LCI, Lazzara and VIA. In addition, I respectfully recommend that the motions to dismiss be GRANTED IN PART and DENIED IN PART, such that the Court dismiss the non-arbitrable federal claims and decline to exercise supplemental jurisdiction over the non-arbitrable state law claims. In the alternative, the remaining claims should be stayed pending the completion of arbitration. I further recommend that Plaintiffs be granted leave to amend the non-arbitrable claims, but that the filing of any amended pleading be stayed pending the completion of arbitration. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/4/2022) (kl)
August 4, 2022 Opinion or Order Filing 225 LETTER MOTION to Continue Set Scheduling order for upcoming filings addressed to Judge Gregory H. Woods from Samantha S. Kumaran dated August 4, 2022., LETTER MOTION for Extension of Time to File addressed to Judge Gregory H. Woods from Samantha S. Kumaran dated August 4, 2022. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
August 4, 2022 Opinion or Order Filing 224 LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Randy E. Kleinman dated August 4, 2022. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC..(Kleinman, Randy)
August 4, 2022 Opinion or Order Filing 223 ORDER AND REPORT AND RECOMMENDATION re: #98 MOTION to Dismiss filed by Julie Villa, #101 MOTION to Dismiss #89 Second Amended Complaint [MOTION TO COMPEL ARBITRATION IN PART, AND TO DISMISS OR IN THE ALTERNATIVE TO STAY PENDING ARBITRATION] filed by Lazzara Consulting, Inc., H Rothman Family Advisors, Inc., Vision Investment Advisor, Inc., Robert Boshnack, Vision Financial Markets, LLC, High Ridge Holding Corporation, Inc., Vision Brokerage Service, LLC, Gerard Stephen Lazzara, Boshnack Family, LLC, John Felag, High Ridge Futures, LLC, Howard Rothman: [For the reasons set forth], it is hereby Ordered that the partial motion to compel arbitration is GRANTED and this action is STAYED with respect to the claims by NRCM and NAM against defendants High Ridge, Rothman, Boshnack, Felag, LCI, Lazzara and VIA. In addition, I respectfully recommend that the motions to dismiss be GRANTED IN PART and DENIED IN PART, such that the Court dismiss the non-arbitrable federal claims and decline to exercise supplemental jurisdiction over the non-arbitrable state law claims. In the alternative, the remaining claims should be stayed pending the completion of arbitration. I further recommend that Plaintiffs be granted leave to amend the non-arbitrable claims, but that the filing of any amended pleading be stayed pending the completion of arbitration. Objections to R&R due by 8/18/2022 (Signed by Magistrate Judge Stewart D. Aaron on 8/4/2022) (Aaron, Stewart)
July 20, 2022 Opinion or Order Filing 222 ORDER terminating #220 Letter Motion to Stay re: #220 MOTION to Stay ., #221 LETTER MOTION to Stay re: #216 Order, Case Stayed, Add and Terminate Attorneys,,,,,,,,,,,, Joining motion by Corporate Plaintiffs addressed to Judge Gregory H. Woods from Samantha S. Kumaran dated July 20, 2022. ; granting in part and denying in part #221 Letter Motion to Stay re: #220 MOTION to Stay ., #221 LETTER MOTION to Stay re: #216 Order, Case Stayed, Add and Terminate Attorneys,,,,,,,,,,,, Joining motion by Corporate Plaintiffs addressed to Judge Gregory H. Woods from Samantha S. Kumaran dated July 20, 2022. Plaintiffs' request for a stay is granted in part and denied in part. This case, along with the two related cases, have an extensive and complicated procedural history. Additionally, as counsel identified, the Court has experienced issues with prior counsel for the Corporate Plaintiff's. As a result, the Court understands that counsel will need time to become familiar with the issues presented in this case and to determine whether and to what extent he wishes to continue his representation of the Corporate Plaintiffs going forward. In order to provide counsel that time, this case is stayed until August 3, 2022. After that point, if counsel continues his representation in this case, the Court will consider targeted requests for extensions of time of any pending deadlines. However, the Court declines to impose a blanket stay in this case beyond August 3, 2022. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 220 and 221 and to indicate on the docket that this case is stayed. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/20/2022) (tg)
July 20, 2022 Opinion or Order Filing 221 LETTER MOTION to Stay re: #216 Order, Case Stayed, Add and Terminate Attorneys,,,,,,,,,,,, Joining motion by Corporate Plaintiffs addressed to Judge Gregory H. Woods from Samantha S. Kumaran dated July 20, 2022. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
July 20, 2022 Opinion or Order Filing 220 MOTION to Stay . Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC..(Kleinman, Randy)
July 20, 2022 Opinion or Order Case Stayed (tg)
July 19, 2022 Opinion or Order Filing 219 MEMO ENDORSEMENT on re: #218 Letter filed by Julie Villa. ENDORSEMENT: Application denied. As Ms. Villa identified, the Court stayed this case through July 18, 2022. Dkt. No. 216. Accordingly, the stay in this case has expired and therefore Ms. Villa's application to lift the stay is moot. Ms. Villa's request to deny any request from Plaintiff to file motions beyond two weeks from the date of corporate counsel's notice of appearance is denied. Plaintiffs have not filed any such motion and the Court will not provide an advisory opinion on how it may rule on a hypothetical future request. The Clerk of Court is directed to remove the notice of stay from the docket. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/19/2022) (vfr)
July 19, 2022 Opinion or Order Filing 218 LETTER addressed to Judge Gregory H. Woods from Julie Villa, dated 7/19/22 re: "DEFENDANT VILLA LETTER MOTION TO LIFT STAY IN THIS CASE" - Furthermore, Defendant requests that the Court deny any request by the plaintiff to file motions beyond two weeks of corporate counsel's Notice of Appearance, thereby preventing any further delay of Defendant's motion for a dispositive ruling on Defendant's Motion to Dismiss filed one year and ten months ago on 9/27/21. Document filed by Julie Villa.(sc)
July 19, 2022 Opinion or Order Case Stay Lifted. (vfr)
July 18, 2022 Opinion or Order Filing 217 NOTICE OF APPEARANCE by Randy Edward Kleinman on behalf of Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC..(Kleinman, Randy)
June 18, 2022 Opinion or Order Filing 216 ORDER: For the reasons stated on the record at the conference held on June 17, 2022, attorney David Kostus's motion to withdraw as counsel for Plaintiffs Nefertiti Risk Capital Management, LLC, Nefertiti Holding Company, and Nefertiti Asset Management, LLC (collectively, the "Corporate Plaintiffs") is GRANTED. (As further set forth herein.) The case is STAYED through July 18, 2022 to allow the Corporate Plaintiffs to retain replacement counsel. New counsel must file a notice of appearance no later than July 18, 2022. In the event that the Corporate Plaintiffs retain new counsel prior to July 18, 2022, the stay will be lifted upon the filing of a notice of appearance by that counsel. The Court observes that prior counsel in this case filed submissions to the Court on behalf of the Corporate Plaintiffs that were wholly drafted by Ms. Kumaran rather than by counsel. The Court expects that this issue will not recur with new counsel. The Clerk of Court is directed to remove David Kostus from the list of counsel on the docket and to indicate on the docket that this case is stayed. SO ORDERED. Attorney David Kostus terminated. Case stayed. (Signed by Judge Gregory H. Woods on 6/18/2022) (va)
June 17, 2022 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 6/17/2022. (Court Reporter present) (wv)
June 17, 2022 Opinion or Order Filing 215 LETTER from J. Villa, dated 6/17/22 re: "DEFENDANTS CONSOLIDATED LETTER MOTION TO DENY PLAINTIFFS' MOTIONS TO: APPEAL, WITHRAW COUNSEL, DELAY MOTION TO WITHDRAW COUNSEL & TRANSFER CASE"- Defendant Villa moves this Court for a decision and ruling on Defendant's Motion to Dismiss. Document filed by Julie Villa.(sc)
June 16, 2022 Opinion or Order Filing 214 JOINT MOTION to Transfer Case To District of Connecticut Pursuant to 28 U.S.C. 1404(a) ECF156. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
June 16, 2022 Opinion or Order Filing 213 FIRST LETTER addressed to Judge Gregory H. Woods from David Kostus dated 06/16/2022 re: Joining Motion. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC..(Kostus, David)
June 15, 2022 Opinion or Order Filing 212 ORDER denying #211 . Ms. Kumaran's request for an extension of time to oppose Mr. Kostus's motion to withdraw as counsel, Dkt. No. 211, is denied. The parties will have an opportunity to respond to Mr. Kostus's motion at the conference scheduled for June 17, 2022 at 4:00 p.m. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
June 15, 2022 Opinion or Order Filing 211 MOTION for Extension of Time to File Response/Reply as to 210 Order,, . Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
June 15, 2022 Opinion or Order Filing 210 ORDER. On June 14, 2022, Attorney David Kostus filed a motion to withdraw as counsel for the corporate plaintiffs in the related cases 20-cv-3668 and 20-cv-3873. The Court intends to address Mr. Kostus's motion, which the Court understands to be an application to withdraw in this case as well, at the teleconference scheduled in those cases for June 17, 2022 at 4:00 p.m. The dial in information for that conference are available in the docket of those cases. Any party to this action is invited to participate in that conference to address the application to withdraw. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
June 14, 2022 Opinion or Order Filing 209 APPEAL OF MAGISTRATE JUDGE DECISION to District Court from #204 Order on Motion to Substitute Party,. Document filed by Samantha Siva Kumaran. Copies of Appeal of Magistrate Judge Decision to District Court served on Attorney(s) of Record: Ms. Jenny Chou and Defendant Villa..(Siva Kumaran, Samantha)
June 13, 2022 Opinion or Order Filing 208 ORDER denying #205 Motion to Strike document #205 MOTION to Strike Document No. [ECF202] Request for relief from Ms. Villa's filings. filed by Samantha Siva Kumaran from the record. Application DENIED. As the Court previously has set forth, Rule 12(f) permits a court to strike only pleadings. (See ECF No. 103.) In addition, the Court finds that there is an insufficient basis at this time upon which to enjoin pro se Defendant Villa from making filings not explicitly requested by the Court. However, the parties are reminded to refrain from unnecessary filings and to limit their filings to the issues before the Court. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 6/13/2022) (jca)
June 10, 2022 Opinion or Order Filing 207 ORDER: At the outset, Plaintiff's objections to Judge Aaron's April 30, 2021 order are untimely. Under Rule 72(a) a party must file objections to a magistrate judge's non-dispositive order "within 14 days" and "may not assign as error a defect in the order not timely objected to." Fed. R. Civ. P. 72(a). "[T]he Second Circuit and courts within this Circuit have routinely held that failure to file objections to a magistrate judge's order in a timely manner operates as a waiver of such objections." David v. Weinstein Co. LLC, No. 18-CV-5414, 2020 WL 4042773, at *4 (S.D.N.Y. July 17, 2020) (collecting cases). Because Plaintiffs' objections were not filed within 14 days of Judge Aaron's April 30, 2021 order, any objection to that order is untimely. Plaintiff has not demonstrated that Judge Aarons order granting NAM and NHC's motion to intervene on consent, or Judge Aarons order directing Plaintiffs to comply with the Court's April 30, 2021 order, were clearly erroneous or contrary to the law. In addition, Plaintiff's objections largely amount to an attempt to challenge Judge Aaron's April 30, 2021 order. As discussed, however, those objections are untimely, and Plaintiff cannot avoid that consequence merely because Judge Aaron directed Plaintiffs to comply with his April 30, 2021 order in his May 28, 2021 order. For these reasons, Plaintiffs' objections are overruled. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/10/2022) (mml)
June 9, 2022 Opinion or Order Filing 206 LETTER addressed to Magistrate Judge Stewart D. Aaron from J. Villa, dated 5/29/22 re: "DEFENDANT'S RESPONSE TO THE PLAINTIFF'S MOTION TO STRIKE LETTER ECF 202"- In the interests of judicial economy and to avoid delay etc., the Court is requested to deny the Motion to Strike. Document filed by Julie Villa.(sc)
June 8, 2022 Opinion or Order Filing 205 MOTION to Strike Document No. [ECF202] Request for relief from Ms. Villa's filings. Document filed by Samantha Siva Kumaran. (Attachments: #1 Exhibit 1).(Siva Kumaran, Samantha)
May 31, 2022 Opinion or Order Filing 204 ORDER denying #191 Motion to Substitute Party: [For the reasons stated] Kumaran's motion in the three related actions to substitute herself as a plaintiff, in place of NRCM, in order to prosecute NRCM's claims is DENIED. (Signed by Magistrate Judge Stewart D. Aaron on 5/31/2022) (Aaron, Stewart)
May 29, 2022 Opinion or Order Filing 202 LETTER addressed to Judge Gregory H. Woods from J. Villa, dated 5/29/22 re: Defendant Villa in response to Kostus "Letter re: Villa," raises the issue of Plaintiff Kumaran continuing to proceed improperly before this Court as both an authorized agent and de fact representative for corporate entities during the absence of professional legal counsel etc. Document filed by Julie Villa.(sc)
May 28, 2022 Opinion or Order Filing 203 DEFENDANT VILLA'S OBJECTION TO LATE FILING OF PLAINTIFF'S REPLY MEMORANDUM (ECF 201), DOCKETED 5/28/22, re: #201 Reply Memorandum of Law in Support of Motion. Document filed by Julie Villa. (sc)
May 28, 2022 Opinion or Order Filing 201 REPLY MEMORANDUM OF LAW in Support re: #191 MOTION to Substitute Party. Old Party: Nefertiti Risk Capital Management, LLC, New Party: Samantha Siva Kumaran FRCP 25(c) and 17(a). Against Defendant Julie Villa. Document filed by Samantha Siva Kumaran. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Siva Kumaran, Samantha)
May 27, 2022 Opinion or Order Filing 200 REPLY MEMORANDUM OF LAW in Support re: #191 MOTION to Substitute Party. Old Party: Nefertiti Risk Capital Management, LLC, New Party: Samantha Siva Kumaran FRCP 25(c) and 17(a). . Document filed by Samantha Siva Kumaran. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Siva Kumaran, Samantha)
May 26, 2022 Opinion or Order Filing 199 ORDER: On April 1, 2022, the stay in this case was lifted upon the filing of a notice of appearance by David Solomon Kostus and Joel Geoffrey MacMull. See Dkt. Nos. 16365. The Clerk of Court is directed to remove the stay from the docket. (Signed by Judge Gregory H. Woods on 5/26/2022) (rro)
May 23, 2022 Opinion or Order Filing 198 LETTER addressed to Judge Gregory H. Woods from J. Villa, dated 4/5/22 re: "LETTER (ECF #147) REGARDING RELATED MATTER RE: KUMAREN ET AL. VS. ADM INVESTOR SERVICES 1:20-CV-03873-GHW-SDA" - Pertaining to the plaintiffs' letter to the Court filed 5/23/22(ECF #147) regarding the status of attorney David Kostus, Defendant Villa from an abundance of concern contacted Hackensack Medical University Hospital by telephone at 1:22 EST, on 5/23/22. The hospital was able to confirm the discharge of corporate counsel from the hospital etc. Document filed by Julie Villa.(sc)
May 20, 2022 Opinion or Order Filing 197 OPPOSITION(Affirmation of Julie Villa) TO MOTION TO SUBSTITUTE SUCCESSOR IN INTEREST AS NAMED PLAINTIFF PURS. TO FRCP 25(c), re: #191 MOTION to Substitute Party. Old Party: Nefertiti Risk Capital Management, LLC, New Party: Samantha Siva Kumaran FRCP 25(c) and 17(a). Document filed by Julie Villa. (sc)
May 20, 2022 Opinion or Order Filing 196 ORDER: For the reasons stated on the record at the conference held on May 20, 2022, Joel MacMull's motion to withdraw, filed at Dkt. No. 141 in Case No. 20-cv-3873, is granted. The Clerk of Court is directed to terminate Joel MacMull from the list of active counsel in both Case No. 20-cv-3871 and 20-cv3668. SO ORDERED. Attorney Joel Geoffrey MacMull terminated. (Signed by Judge Gregory H. Woods on 5/20/2022) (jca)
May 20, 2022 Opinion or Order Filing 195 NOTICE of Preliminary Opposition Against Motion to Withdraw by Attorney Joel MacMull Filed in 20-CV-3873 re: 194 Order,,. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
May 20, 2022 Opinion or Order Filing 194 ORDER. Attorney Joel MacMull filed a motion to withdraw as counsel to the corporate plaintiffs in the related case no. 20-cv-3873. The Court intends to address Mr. MacMull's motion, which the Court understands to be an application to withdraw in this case as well, at the teleconference scheduled in that case for May 20, 2022 at 3:00 p.m. The dial in information for that conference are available in the docket of that case. Any party to this action is invited to participate in that conference to address the application to withdraw. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
May 19, 2022 Opinion or Order Filing 193 RESPONSE in Opposition to Motion re: #191 MOTION to Substitute Party. Old Party: Nefertiti Risk Capital Management, LLC, New Party: Samantha Siva Kumaran FRCP 25(c) and 17(a). . Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
May 6, 2022 Opinion or Order Filing 192 DECLARATION of Samantha Siva Kumaran in Support re: #191 MOTION to Substitute Party. Old Party: Nefertiti Risk Capital Management, LLC, New Party: Samantha Siva Kumaran FRCP 25(c) and 17(a).. Document filed by Samantha Siva Kumaran. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31).(Siva Kumaran, Samantha)
May 6, 2022 Opinion or Order Filing 191 MOTION to Substitute Party. Old Party: Nefertiti Risk Capital Management, LLC, New Party: Samantha Siva Kumaran FRCP 25(c) and 17(a). Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
May 2, 2022 Opinion or Order Filing 190 ORDER granting in part #187 Letter Motion for Extension of Time. Application GRANTED IN PART. Plaintiff Kumaran shall file her motion papers no later than May 6, 2022. Defendants shall file any opposition no later than May 20, 2022 and Plaintiff Kumaran shall file any reply no later than May 27, 2022. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 5/2/2022) (kv)
May 2, 2022 Opinion or Order Filing 189 LETTER REPLY to Response to Motion addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated May 2, 2022 re: #187 LETTER MOTION for Extension of Time for two(2) days or five(5) days (Short extension) addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated May 2, 2022. Response to Julie Villa. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
May 2, 2022 Opinion or Order Filing 188 LETTER addressed to Magistrate Judge Stewart D. Aaron from J. Villa dated 5/2/22 re:"LETTER OBJECTION TO PLAINTIFFS' REQUEST FOR EXTENSION OF TIME(ECF #187)" - Plaintiffs' beliefs are not dispositive. Defendant is substantially impacted and prejuduced by Plaintiffs' repeated requests for delays and extensions at every juncture throughout the motion practice of this case. Document filed by Samantha Siva Kumaran.(sc)
May 2, 2022 Opinion or Order Filing 187 LETTER MOTION for Extension of Time for two(2) days or five(5) days (Short extension) addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated May 2, 2022. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
May 2, 2022 Opinion or Order Set/Reset Deadlines: Motions due by 5/6/2022. Responses due by 5/20/2022 Replies due by 5/27/2022. (kv)
April 21, 2022 Opinion or Order Filing 185 NOTICE of April 11, 2022 NFA 18-ARB-5 Notice - Status Update. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
April 21, 2022 Opinion or Order Filing 184 ORDER re: #177 Notice (Other) filed by Samantha Siva Kumaran: No later than 5/4/2022, Plaintiff Samantha S. Kumaran shall file a memorandum of law in support of her motion, pursuant to Fed. R. Civ. P. 25(c), to substitute as successor to Plaintiff Nefertiti Risk Capital Management, LLC. No later than 5/18/2022, Defendants shall file any opposition. No later than 5/25/2022, Plaintiff Kumaran shall file any reply. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron) (Text Only Order) (Aaron, Stewart)
April 20, 2022 Opinion or Order Filing 186 MEMO ENDORSEMENT on re: #183 Letter, filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC. ENDORSEMENT: The Court confirms the deadline for all Plaintiffs to show cause as to why this action should not betransferred to the District of Connecticut is stayed pending resolution of Defendants' motions to dismiss. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/20/2022) (va)
April 20, 2022 Opinion or Order Filing 183 LETTER addressed to Judge Gregory H. Woods from Joel G. MacMull dated April 20, 2022 re: Clarification of the Court's Order of April 20, 2022 (ECF 181). Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC..(MacMull, Joel)
April 20, 2022 Opinion or Order Filing 182 ORDER: For the reasons articulated above, Plaintiffs' objections to Judge Aaron's January 21, 2022 order are DENIED. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/20/2022) (ama)
April 20, 2022 Opinion or Order Filing 181 ORDER: denied in part #178 Letter Motion for Leave to File Document; denied in part #178 Letter Motion to Continue. Application denied in part. The fact that all parties currently request that this action remain in the Southern District of New York does not dictate whether transfer is appropriate. However, the Court hereby stays the deadline for Plaintiff to show cause pending resolution of Defendants' motions to dismiss the second amended complaint. Any request to file a motion under FRCP 25(c) falls under the scope of reference to Magistrate Judge Aaron and should be addressed to him. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 178. SO ORDERED.. (Signed by Judge Gregory H. Woods on 4/20/2022) (ama)
April 20, 2022 Opinion or Order Filing 180 ORDER denying #179 LETTER MOTION for Conference In camera Re: Attorney David Kostus addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated April 20, 2022: Ms. Kumaran's Letter Motion for an "In Camera Status Conference" is DENIED. On April 1, 2022, Attorney MacMull and Attorney Kostus both entered appearances as counsel of record in this action for Nefertiti Risk Capital Management, LLC and Nefertiti Asset Management, LLC, and both remain counsel of record unless and until relieved by Order of the Court, with all the duties and responsibilities attendant thereto. Any request for a further extension of the already-extended deadline set by Judge Woods (see ECF No. 174) must be sought from Judge Woods. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron)(Text Only Order) (Aaron, Stewart)
April 20, 2022 Opinion or Order Filing 179 LETTER MOTION for Conference In camera Re: Attorney David Kostus addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated April 20, 2022. Document filed by Samantha Siva Kumaran. (Attachments: #1 Exhibit 1).(Siva Kumaran, Samantha)
April 19, 2022 Opinion or Order Filing 178 LETTER MOTION for Leave to File Motion to Substitute Successor in Interest as Plaintiff Pursuant to Fed.R.Civ.Proc 25(c) addressed to Judge Gregory H. Woods from SSK dated April 19, 2022., LETTER MOTION to Continue addressed to Judge Gregory H. Woods from SSK dated April 19, 2022. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
April 19, 2022 Opinion or Order Filing 177 NOTICE of Notice of Motion to Substitute Successor In Interest as Plainitff Pursuant to Fed.R. Civ.P 25(c). Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
April 15, 2022 Opinion or Order Filing 176 ORDER granting #166 Letter Motion to Substitute Attorney ; denying #167 Motion to Disqualify Counsel. Following a telephone conference with the parties, and for the reasons stated on the record, it is hereby Ordered that Defendant Villa's motion to disqualify attorney David Kostus (ECF No. 167) is DENIED and the motion to substitute (ECF No. 166) is GRANTED. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 4/15/2022) (rro)
April 15, 2022 Opinion or Order Mailed a copy of Text Order 175 Scheduling Order, to Samantha Siva Kumaran 119 West 72nd Street Ste 204 New York, NY 10023. (dsh)
April 14, 2022 Opinion or Order Filing 175 SCHEDULING ORDER: The Court previously had scheduled a telephone conference for today, April 14, at 3 p.m. to address the motions filed at ECF Nos. 166 and 167. The Court waited until 3:20 p.m., but Attorney Kostus failed to appear for the conference. Thus, the Court is rescheduling the conference for tomorrow, Friday, April 15, at 11 a.m. If Attorney Kostus fails to appear for tomorrow's conference without satisfactory explanation, sanctions may be imposed against him. At the scheduled time tomorrow, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. SO ORDERED. Telephone Conference set for 4/15/2022 at 11:00 AM before Magistrate Judge Stewart D. Aaron. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron) (Text Only Order) (Aaron, Stewart)
April 6, 2022 Opinion or Order Filing 174 ORDER granting #171 . Plaintiffs' request for an extension of time to show cause as to why this action should not be transferred to the District of Connecticut, Dkt. No. 171, is granted in part. The deadline for Plaintiffs to show cause is extended to April 22, 2022. Any opposition is due no later than April 29, 2022; any reply is due no later than May 4, 2022. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
April 5, 2022 Opinion or Order Filing 173 LETTER addressed to Judge Gregory H. Woods from J. Villa, dated 4/5/22 re: "LETTER MOTION TO DISQUALIFY ATTORNEY DAVID KOSTUS" - In the absence of confirmation that counsel is qualified under the relevant law, as of 4/1/22, Defendant for the reasons stated above(as indicated) moves this court for an order to disqualify attorney David Kostus as corporate counsel o/b/o Nefertiti Risk Capital Management LLC, Nefertiti Asset Management LLC and Nefertiti Holding Corp. Document filed by Julie Villa. (Attachments: #1 Exhibit, #2 Exhibit)(sc)
April 5, 2022 Opinion or Order Filing 172 ORDER FOR TELEPHONE CONFERENCE: The parties are directed to appear for a telephone conference in this action on Thursday, April 14, 2022, at 3:00 p.m. to address the motions filed at ECF Nos. 166 and 167. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 4/5/2022) ( Telephone Conference set for 4/14/2022 at 03:00 PM before Magistrate Judge Stewart D. Aaron.) (ks)
April 5, 2022 Opinion or Order Filing 171 FIRST LETTER MOTION for Extension of Time on Partial Consent addressed to Judge Gregory H. Woods from David Kostus, Samantha Kumaran dated April 5, 2022., FIRST LETTER MOTION for Extension of Time to File on Partial Consent addressed to Judge Gregory H. Woods from David Kostus, Samantha Kumaran dated April 5, 2022. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC, Samantha Siva Kumaran. (Attachments: #1 Exhibit Evidence of dissolution, #2 Exhibit Kumaran-1 E-mail chain).(Kostus, David)
April 5, 2022 Opinion or Order Filing 170 ORDER: On April 1, 2022, Defendant Julie Villa filed a motion to disqualify attorney David Kostus. Dkt. No. 167. Villa's motion falls under the scope of the reference to Magistrate Judge Aaron in this case. Such applications and responsive filings should not be addressed to Judge Aaron rather than to Judge Woods. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/5/2022) (rro)
April 4, 2022 Opinion or Order Filing 169 LETTER addressed to Judge Gregory H. Woods from J. Villa, dated 4/4/22 re: "LETTER OBJECTION TO BRIEF IN OPPOSITION TO DEFENDANT JULIE VILLA'S MOTION TO DISQUALIFY." Document filed by Julie Villa.(sc)
April 4, 2022 Opinion or Order Filing 168 MEMORANDUM OF LAW in Opposition re: #167 MOTION to Disqualify Counsel. and Motion to Strike. Document filed by Samantha Siva Kumaran. (Attachments: #1 Exhibit 1).(Siva Kumaran, Samantha)
April 4, 2022 Opinion or Order Filing 166 FIRST LETTER MOTION to Substitute Attorney. Old Attorney: David Kostus, New Attorney: David Kostus (Opposition to anticipated Motion to Disqualify) addressed to Judge Gregory H. Woods from David Kostus dated April 4, 2022. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC. (Attachments: #1 Exhibit NJ Registration Status, #2 Exhibit Certificate of Good Standing Application, #3 Exhibit Pro Hac Vice Form 1, #4 Exhibit Exhibit C pg. 2 - Pro Hac Vice Form 3).(Kostus, David)
April 1, 2022 Opinion or Order Filing 167 MOTION TO DISQUALIFY ATTORNEY DAVID KOSTUS. Document filed by Julie Villa. (Attachments: #1 Exhibit, #2 Exhibit)(sc)
April 1, 2022 Opinion or Order Filing 165 NOTICE OF APPEARANCE by David Solomon Kostus on behalf of Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC..(Kostus, David)
April 1, 2022 Opinion or Order Filing 164 NOTICE OF APPEARANCE by Joel Geoffrey MacMull on behalf of Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC..(MacMull, Joel)
March 2, 2022 Opinion or Order Filing 163 ORDER: granting #150 Motion to Withdraw as Attorney; denying #160 Letter Motion for Extension of Time to File. For the reasons stated on the record at the conference held in March 1, 2022, attorney Brian August's motion to withdraw as counsel for Plaintiffs Nefertiti Risk Capital Management, LLC, Nefertiti Holding Company, and Nefertiti Asset Management, LLC, (collectively, the "Corporate Plaintiff"). Dkt. No. 150 is GRANTED. The case is STAYED through April 1, 2022 to allow the Corporate Plaintiffs to retrain replacement counsel. In addition, as explained at the conference, Kumaran's motion for an extension of time to show cause as to why this action should not be transferred to the District of Connecticut, Dkt. No. 160, is denied. In light of the stay, the deadline for Plaintiffs to respond to the order to show cause is extended to April 8, 2022. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 150, to remove Brian August from the list of counsel on the docket and to indicate on the docket that this case is stayed. SO ORDERED. Attorney Brian M. August terminated. (Signed by Judge Gregory H. Woods on 3/02/2022) (ama)
March 2, 2022 Opinion or Order Case Stayed (ama)
March 2, 2022 Opinion or Order Set/Reset Deadlines: Show Cause Response due by 4/8/2022. (ama)
March 1, 2022 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 3/1/2022. (Court Reporter present) (wv)
March 1, 2022 Opinion or Order Filing 162 NOTICE OF COMPLAINT - "LOCAL CIVIL RULE 1.5: DISCIPLINE OF ATTORNEYS". Document filed by Julie Villa. (sc)
March 1, 2022 Opinion or Order Filing 161 DEFENDANT VILLA'S OBJECTION TO PLAINTIFF KUMARAN'S LETTER MOTION TO RESET DEADLINE ECF 156 re: #160 LETTER MOTION for Extension of Time to File ECF156 Seven (7) Days Order Showing Good Cause addressed to Judge Gregory H. Woods from SSK dated February 28, 2022. Document filed by Julie Villa. (sc)
February 28, 2022 Opinion or Order Filing 160 LETTER MOTION for Extension of Time to File ECF156 Seven (7) Days Order Showing Good Cause addressed to Judge Gregory H. Woods from SSK dated February 28, 2022. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
February 28, 2022 Opinion or Order Filing 159 NOTICE of Court Appearance Form 2C On Behalf of All Parties re: 155 Order, Set Hearings,,,,. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
February 25, 2022 Opinion or Order Filing 158 REPLY MEMORANDUM OF LAW in Support re: #130 Appeal of Magistrate Judge Decision to District Court,, #149 Response Response against Julie Villa. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
February 25, 2022 Opinion or Order Filing 157 REPLY MEMORANDUM OF LAW in Support re: #147 Response,, #130 Appeal of Magistrate Judge Decision to District Court,, Against Vision and Lazzara Defendants. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
February 23, 2022 Opinion or Order Filing 156 ORDER: Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE no later than March 9, 2022 as to why this action should not be transferred to the District of Connecticut. In the alternative, if the parties are willing to transfer this action to the District of Connecticut, the Court requests that the parties submit a joint letter stating that they consent to the transfer of this action to the District of Connecticut no later than March 9, 2022. So Ordered (Signed by Judge Gregory H. Woods on 2/23/2022) (js)
February 23, 2022 Opinion or Order Filing 155 ORDER. The Court will hold a teleconference with regard to Plaintiffs' counsel's motion to withdraw as counsel, Dkt. No. 150, on March 1, 2022 at 10:00 a.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
February 23, 2022 Opinion or Order Filing 154 REPLY AFFIRMATION of Brian August in Support re: #150 MOTION for Brian August to Withdraw as Attorney .. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC..(August, Brian)
February 23, 2022 Opinion or Order Filing 153 RESPONSE in Opposition to Motion re: #150 MOTION for Brian August to Withdraw as Attorney . . Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
February 22, 2022 Opinion or Order Filing 152 MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT VILLA'S OBJECTION TO re: #150 MOTION for Brian August to Withdraw as Attorney . Document filed by Julie Villa. (ok)
February 22, 2022 Opinion or Order Filing 151 DEFENDANT VILLA'S OBJECTION TO "PLAINTIFFS NOTICE OF NO SERVICE AND NO FILING OF AN OPPOSITION BY DEFENDANT VILLA" re: #148 Notice (Other). Document filed by Julie Villa. (ok)
February 22, 2022 Opinion or Order Filing 150 MOTION for Brian August to Withdraw as Attorney . Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC. (Attachments: #1 Affidavit Declaration of Brian August).(August, Brian)
February 21, 2022 Opinion or Order Filing 148 NOTICE of No opposition filed or served by Defendant Villa which was due on February 18, 2022 re: #141 Order on Motion for Leave to File Excess Pages,,,,,,,,,. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
February 18, 2022 Opinion or Order Filing 149 DEFENDANT VILLA'S RESPONSE TO PLAINTIFFS' "APPEAL TO DISTRICT JUDGE OF DECISION AT ECF 129". Document filed by Julie Villa. (ok)
February 18, 2022 Opinion or Order Filing 147 RESPONSE re: #143 Appeal of Magistrate Judge Decision to District Court, #130 Appeal of Magistrate Judge Decision to District Court,, VISION DEFENDANTS RESPONSE TO PLAINTIFFS APPEAL TO DISTRICT JUDGE OF DECISION AT ECF129. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
February 14, 2022 Opinion or Order Filing 144 LETTER addressed to Judge Gregory H. Woods from Julie Villa dated 2/13/2022 re: Defendant requests Plaintiffs (ECF #142), and (ECF #143) be deemed moot by the court. Document filed by Julie Villa. (mml)
February 13, 2022 Opinion or Order Filing 145 LETTER addressed to Judge Gregory H. Woods from J. Villa, dated 2/13/22 re: "OBJECTION TO PLAINTIFFS' (ECF #142) & (ECF #143)" - Defendant objects to this violation of the plainly stated Order (ECF #140) denying Plaintiff's motion for leave to file excess pages etc. Defendant request Plaintiffs' (ECF #142 & ECF #143) be deemed moot by the Court. Document filed by Julie Villa.(sc)
February 12, 2022 Opinion or Order Filing 146 ORDER terminating #142 Letter Motion to Continue. Going forward, Plaintiffs should not expect to be able to violate the Court's rules and then ask for leave to file excess pages after the fact. Plaintiffs have been directed to seek leave to file excess pages in advance of the filing deadline. If Plaintiffs submit filings that exceed the page limits without being granted prior leave, the Court will either strike the surplus pages or the entire filing. The Court also directed the parties to file such requests to the Court by joint letter. To provide the Court a joint letter, the parties must provide the other side reasonable time to respond and prepare their portion of the letter. Plaintiffs have not done so here. Plaintiffs' expectation that the other side will respond to a request within hours on a weekend is unreasonable. The Court orders that, barring exceptional circumstances, Plaintiffs must not submit a letter to the Court unless they have provided their proposed portion of the joint letter to defense counsel and given defense counsel at least two business days to respond. While such a prescription is not customarily necessary, the Court concludes from this application that more concrete guideposts about what is reasonable are appropriate here. The Court has already outlined the page limits and deadlines that apply to the briefing related to this motion. The Court will not provide hypothetical guidance on how the Court will rule with respect to applications on page limits in the future, which may arise under different circumstances. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 142.. (Signed by Judge Gregory H. Woods on 2/12/2022) (rro)
February 12, 2022 Opinion or Order Filing 143 APPEAL OF MAGISTRATE JUDGE DECISION to District Court from #130 Appeal of Magistrate Judge Decision to District Court,,. Document filed by Samantha Siva Kumaran. Copies of Appeal of Magistrate Judge Decision to District Court served on Attorney(s) of Record: Amended Appeal 25 page - Ms. Jenny Chou. (Attachments: #1 Exhibit Supplemental_Pages).(Siva Kumaran, Samantha)
February 12, 2022 Opinion or Order Filing 142 LETTER MOTION to Continue Clarification on Order ECF141 addressed to Judge Gregory H. Woods from Samantha S. Kumaran dated February 12, 2022. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
February 11, 2022 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 2/11/2022. (Court Reporter present) (wv)
February 11, 2022 Opinion or Order Filing 141 ORDER denying #131 Motion for Leave to File Excess Pages; denying #132 Motion for Leave to File Excess Pages. Accordingly, Plaintiffs' motion for leave to file excess pages is denied. Plaintiffs have already filed a thirty-page brief in connection with their motion and the Court does not find good cause for an extension. The Court also denies Defendants' request for an extension of time to oppose Plaintiffs' objections. Defendants' opposition is due no later February 18, 2022; Plaintiffs' reply, if any, is due no later than February 25, 2022. Defendants' opposition is limited to 25 pages; Plaintiffs' reply is limited to 10 pages. As stated on the record at the conference held on February 11, 2022, the parties are ordered to comply with the page limits and deadlines established in this order. The Court expects that any request to extend the page limit or deadline for a filing be submitted to the Court by joint letter at least two business days prior to the deadline for that filing. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 131 and 132. SO ORDERED.. (Signed by Judge Gregory H. Woods on 2/11/2022) (ks)
February 11, 2022 Opinion or Order Filing 140 NOTICE of Court Appearance Form 2C re: re: 133 Order, Set Hearings,,. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
February 11, 2022 Opinion or Order Filing 139 NOTICE of Court Appearance Form 2C re: 133 Order, Set Hearings,,. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC, Samantha Siva Kumaran..(Siva Kumaran, Samantha)
February 11, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 2/18/2022 Replies due by 2/25/2022. (ks)
February 8, 2022 Opinion or Order Filing 138 LETTER addressed to Judge Gregory H. Woods from Attorney Jenny R. Chou dated February 8, 2022 re: Clarifying the Record and Request re Extension of Time to Respond to Plaintiffs' "Appeal to District Judge of Decision at ECF129" #130 . Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
February 8, 2022 Opinion or Order Filing 137 LETTER addressed to Judge Gregory H. Woods from Samantha S. Kumaran dated February 8, 2022 re: ZOOM Conference or Request to Adjust Scheduling by One Week for In-Person Conference. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC, Samantha Siva Kumaran..(Siva Kumaran, Samantha)
February 8, 2022 Opinion or Order Filing 136 ORDER. Defendant Julia Villa's request to appear before the court via remote telephonic conference, Dkt. No. 134, is granted. The conference scheduled for February 11, 2022 will be held remotely as a teleconference. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. The Court has also received Villa's request to compel Plaintiffs to conform their filings with the Court's Individual Rules, Dkt. No. 135. The Court intends to address this request at the February 11, 2022 conference (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
February 7, 2022 Opinion or Order Filing 135 LETTER addressed to Judge Gregory H. Woods from Julie Villa, dated 2/7/22 re: "LETTER MOTION FOR AN ORDER TO COMPEL THE PLAINTIFFS TO ADHERE TO COURT RULES, LOCAL RULES OF CIVIL PROCEDURE & FEDERAL RULES OF CIVIL PROCEDURE" - Plaintiff violates these rules repeatedly, regardless of numerous admonishments, and continues to knowingly and willingly violate the processes and procedures set forth in law. Document filed by Julie Villa.(sc)
February 7, 2022 Opinion or Order Filing 134 LETTER addressed to Judge Gregory H. Woods from Julie Villa, re: "REQUEST TO APPEAR REMOTELY BY TELEPHONIC CONFERENCE" - This request is being made through contacting chambers for approval in order to meet the 48-hour notice to the Courtroom Technology Department. Document filed by Julie Villa.(sc)
February 7, 2022 Opinion or Order Filing 133 ORDER. The Court will hold a conference regarding Plaintiffs' request to submit excess pages, Dkt. Nos. 131-32, on February 11, 2022 at 11 a.m., in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
February 4, 2022 Opinion or Order Filing 132 LETTER MOTION for Leave to File Excess Pages 4.5 pages addressed to Judge Gregory H. Woods from Brian August, Esq. dated 02/04/22. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC..(August, Brian)
February 4, 2022 Opinion or Order Filing 131 LETTER MOTION for Leave to File Excess Pages ECF130 4.5 pages not to exceed 30 pages. addressed to Judge Gregory H. Woods from Samantha S. Kumaran dated 02/04/2022. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC, Other similarly situated customers 1-100, Others similarly situated CTA's 1-100, Samantha Siva Kumaran..(Siva Kumaran, Samantha)
February 4, 2022 Opinion or Order Filing 130 APPEAL OF MAGISTRATE JUDGE DECISION to District Court from #121 Memo Endorsement,, #129 Order on Motion to Amend/Correct, Order on Motion for Reconsideration,,,,,, 120 Order on Motion to Adjourn Conference, #122 Letter,,. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC, Samantha Siva Kumaran. Copies of Appeal of Magistrate Judge Decision to District Court served on Attorney(s) of Record: Ms. Jenny Chou..(Siva Kumaran, Samantha)
January 21, 2022 Opinion or Order Filing 129 ORDER denying #127 Motion to Amend/Correct . ; denying #127 Motion for Reconsideration re #127 . Plaintiffs had almost three months to oppose Defendants' motions. To the extent they failed to do so, the Court finds no merit in their proffered excuses. Given the already lengthy delay and the prejudice to Defendants that would result from allowing Plaintiffs to file additional opposition after Defendants have filed their replies, the untimely motion for an extension of time is denied. Plaintiffs' fear that the lack of opposition will lead to an "outright dismissal" of their claims is unfounded as " even an unopposed motion to dismiss must demonstrate that the complaint has failed to state a claim." Girotto, 2019 WL 5634199, at * 2. For the foregoing reasons, Plaintiffs' motion (ECF No. 127) is DENIED. SO Ordered.. (Signed by Magistrate Judge Stewart D. Aaron on 1/21/2022) (js)
January 14, 2022 Opinion or Order Filing 128 REPLY TO KUMARAN MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO DISMISS AGAINST VILLA DEFENDANT(ECF 98), re: #116 Memorandum of Law in Opposition to Motion,. Document filed by Julie Villa. (sc)
January 14, 2022 Opinion or Order Filing 127 MOTION to Amend/Correct #123 Memo Endorsement,,,,,, #121 Memo Endorsement,, #119 Letter, 120 Order on Motion to Adjourn Conference, ., MOTION for Reconsideration . Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC, Samantha Siva Kumaran. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Siva Kumaran, Samantha)
January 14, 2022 Opinion or Order Filing 126 REPLY MEMORANDUM OF LAW in Support re: #101 MOTION to Dismiss #89 Second Amended Complaint [MOTION TO COMPEL ARBITRATION IN PART, AND TO DISMISS OR IN THE ALTERNATIVE TO STAY PENDING ARBITRATION]. [REPLY IN FURTHER SUPPORT OF DEFENDANTS MOTION TO COMPEL ARBITRATION IN PART, AND TO DISMISS OR IN THE ALTERNATIVE TO STAY PENDING ARBITRATION]. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
January 13, 2022 Opinion or Order Filing 125 ORDER granting #124 MOTION TO MODIFY PAGE LIMITATIONS FOR REPLY BRIEF IN FURTHER SUPPORT OF DEFENDANTS' MOTION TO COMPEL ARBITRATION IN PART, AND TO DISMISS OR IN THE ALTERNATIVE TO STAY PENDING ARBITRATION: Application Granted. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 1/13/2022) (js)
January 13, 2022 Opinion or Order Filing 124 MOTION for Leave to File Excess Pages . Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
January 3, 2022 Opinion or Order Filing 123 MEMO ENDORSEMENT on re: #122 Letter filed by Lazzara Consulting, Inc., H Rothman Family Advisors, Inc., Vision Investment Advisor, Inc., Robert Boshnack, Vision Financial Markets, LLC, High Ridge Holding Corporation, Inc., Vision Brokerage Service, LLC, Gerard Stephen Lazzara, Boshnack Family, LLC, John Felag, High Ridge Futures, LLC, Howard Rothman: The Court's Order, dated 9/30/2021, is quite clear: "Plaintiffs shall file their opposition to the pending motions (ECF Nos. 98 and 101) no later than November 30, 2021." (9/30/21 Order, ECF No. 109 (emphasis supplied).) On 11/22/2021, a consent letter motion was filed in which Plaintiffs sought an extension until 12/14/2021 to file their "Oppositions" and Defendants sought an extension until 1/14/2022 to file their "Replies." (See 11/22/21 Ltr. Mot., ECF No. 110.) On 11/22/2021, the Court granted the requested extensions, thereby giving Plaintiffs until 12/14/2021 to file their opposition papers and Defendants until 1/14/2022 to file their reply papers. (11/22/21 Order, ECF No. 111.) In the 11/22/2021 Order, the Court stated: "No further extensions shall be granted." (Id.). On 12/14/2021, opposition papers were filed by the pro se Plaintiff and the entity Plaintiffs at ECF Nos. 114, 115 and 116, and counsel for the entity Plaintiffs did not request any additional extension of time. Accordingly, Defendants shall file their replies to Plaintiffs' opposition papers by 1/14/2022. No further extension of the reply deadline shall be granted and no further briefing shall be considered by the Court. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/3/2022) (Aaron, Stewart)
January 3, 2022 Opinion or Order Filing 122 LETTER addressed to Magistrate Judge Stewart D. Aaron from Attorney Jenny R. Chou dated January 3, 2022 re: remaining briefing deadlines on the Vision Defendants Motion to Compel Arbitration in Part, and to Dismiss or in the Alternative to Stay Pending Arbitration. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
January 3, 2022 Opinion or Order Filing 121 MEMO ENDORSEMENT on re: #119 Letter filed by Samantha Siva Kumaran. ENDORSEMENT: The Court has corrected the docket in 20-cv-03668 to reflect Plaintiff Kumaran's pro se status and has restored her filing privileges. Plaintiff Kumaran's request for 3 to 7 days to respond to any letters or motions in this case is denied as moot. As stated in the Court's Order from earlier today (see ECF No. 120), the only outstanding deadline in this case pertains to Defendants. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/3/2022) (kl)
January 3, 2022 Opinion or Order Filing 120 ORDER denying as moot #118 Letter Motion to Adjourn Conference: Plaintiffs' Letter Motion filed at ECF No. 118 is DENIED AS MOOT. The only outstanding deadline is for Defendants to reply in further support of the pending motion to dismiss. (See ECF No. 113.) There is no outstanding deadline for Plaintiffs. Nor is there any conference scheduled. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron)(Text Only Order) (Aaron, Stewart)
January 3, 2022 Opinion or Order Filing 119 LETTER addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated January 3, 2022 re: ECF Access to 20-CV-3668. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
December 30, 2021 Opinion or Order Filing 118 LETTER MOTION to Adjourn Conference COVID positive addressed to Magistrate Judge Stewart D. Aaron from Brian August dated 12/30/21. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC..(August, Brian)
December 15, 2021 Opinion or Order Filing 117 LETTER addressed to Magistrate Judge Stewart D. Aaron from Samantha Siva Kumaran dated 12/15/2021 Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
December 15, 2021 Opinion or Order Filing 116 MEMORANDUM OF LAW in Opposition re: #98 MOTION to Dismiss. . Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC, Other similarly situated customers 1-100, Others similarly situated CTA's 1-100, Samantha Siva Kumaran..(Siva Kumaran, Samantha)
December 14, 2021 Opinion or Order Filing 115 MEMORANDUM OF LAW in Opposition re: #98 MOTION to Dismiss., #101 MOTION to Dismiss #89 Second Amended Complaint [MOTION TO COMPEL ARBITRATION IN PART, AND TO DISMISS OR IN THE ALTERNATIVE TO STAY PENDING ARBITRATION]. . Document filed by Samantha Siva Kumaran. (Attachments: #1 Exhibit 1).(Siva Kumaran, Samantha)
December 14, 2021 Opinion or Order Filing 114 MEMORANDUM OF LAW in Opposition re: #101 MOTION to Dismiss #89 Second Amended Complaint [MOTION TO COMPEL ARBITRATION IN PART, AND TO DISMISS OR IN THE ALTERNATIVE TO STAY PENDING ARBITRATION]. . Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC, Samantha Siva Kumaran. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10).(Siva Kumaran, Samantha)
November 22, 2021 Opinion or Order Filing 113 MEMO ENDORSEMENT on re: #112 Letter, filed by Lazzara Consulting, Inc., H Rothman Family Advisors, Inc., Vision Investment Advisor, Inc., Robert Boshnack, Vision Financial Markets, LLC, High Ridge Holding Corporation, Inc., Vision Brokerage Service, LLC, Gerard Stephen Lazzara, Boshnack Family, LLC, John Felag, High Ridge Futures, LLC, Howard Rothman. ENDORSEMENT: Application GRANTED. It was the Court's intention that the Order filed at ECF No. 111 extend both deadlines. The deadline for Defendants to file their replies is January 14, 2022. SO ORDERED. (Replies due by 1/14/2022.) (Signed by Magistrate Judge Stewart D. Aaron on 11/22/2021) (js)
November 22, 2021 Opinion or Order Filing 112 LETTER addressed to Magistrate Judge Stewart D. Aaron from Attorney Jenny R. Chou dated November 22, 2021 re: Dkt. No. 111. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
November 22, 2021 Opinion or Order Filing 111 ORDER granting #110 Letter Motion for Extension of Time to File Response/Reply re #110 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #99 Memorandum of Law in Support of Motion, #102 Memorandum of Law in Support of Motion,, 14 days adjustment to scheduling. addressed to Magistrate Judge Stewart. Application Granted. No further extensions shall be granted. So Ordered. Responses due by 12/14/2021 Replies due by 12/30/2021. (Signed by Magistrate Judge Stewart D. Aaron on 11/22/2021) (js)
November 22, 2021 Opinion or Order Filing 110 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #99 Memorandum of Law in Support of Motion, #102 Memorandum of Law in Support of Motion,, 14 days adjustment to scheduling. addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran and NRCM, NAM and NHC dated 11/22/2021. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC, Samantha Siva Kumaran..(Siva Kumaran, Samantha)
September 30, 2021 Opinion or Order Filing 109 ORDER denying #106 Motion to Stay re: #106 AMENDED MOTION to Stay re: #99 Memorandum of Law in Support of Motion, #101 MOTION to Dismiss #89 Second Amended Complaint [MOTION TO COMPEL ARBITRATION IN PART, AND TO DISMISS OR IN THE ALTERNATIVE TO STAY PENDING ARBITRATION].
September 30, 2021 Opinion or Order Filing 108 LETTER addressed to Magistrate Judge Stewart D. Aaron from Brian August dated September 29, 2021 re: ECF 104 Opposition to Letter motion to bifurcate. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC, Samantha Siva Kumaran. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2).(August, Brian)
September 30, 2021 Opinion or Order Set/Reset Deadlines: Responses due by 11/30/2021 Replies due by 12/30/2021. (js)
September 29, 2021 Opinion or Order Filing 107 LETTER addressed to Magistrate Judge Stewart D. Aaron from Brian August dated September 29, 2021 re: Corrected Motion to Stay. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC, Samantha Siva Kumaran..(August, Brian)
September 29, 2021 Opinion or Order Filing 106 AMENDED MOTION to Stay re: #99 Memorandum of Law in Support of Motion, #101 MOTION to Dismiss #89 Second Amended Complaint [MOTION TO COMPEL ARBITRATION IN PART, AND TO DISMISS OR IN THE ALTERNATIVE TO STAY PENDING ARBITRATION]. . Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC, Samantha Siva Kumaran..(August, Brian)
September 29, 2021 Opinion or Order Filing 105 LETTER addressed to Magistrate Judge Stewart D. Aaron from Attorney Jenny R. Chou dated September 29, 2021 re: the Courts September 24, 2021 Order (ECF No. 103). Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
September 28, 2021 Opinion or Order Filing 104 LETTER addressed to Magistrate Judge Stewart D. Aaron from Julie Villa dated 9/27/2021 re: Letter Motion to Bifurcate Defendants Motion to Dismiss Plaintiff's Second Amended and Revised Complaint (ECF No. 99). Document filed by Julie Villa.(kl)
September 24, 2021 Opinion or Order Filing 103 ORDER terminating #100 Motion to Strike document #100 MOTION to Strike Document No. [ECF97] In Part Duplicate Motion to Compel and/or Motion to Dismiss. MOTION to Stay re: #97 MOTION to Dismiss #89 Second Amended Complaint [MOTION TO COMPEL ARBITRATION IN PART, AND TO DISMISS OR IN THE ALTERNATIVE TO STAY PENDING ARBITRATION]. filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Samantha Siva Kumaran, Nefertiti Risk Capital Management, LLC from the record.; terminating #100 Letter Motion to Stay re: #100 MOTION to Strike Document No. [ECF97] In Part Duplicate Motion to Compel and/or Motion to Dismiss. MOTION to Stay re: #97 MOTION to Dismiss #89 Second Amended Complaint [MOTION TO COMPEL ARBITRATION IN PART, AND TO DISMISS OR IN THE ALTERNATIVE TO STAY PENDING ARBITRATION]. The Court notes that Plaintiffs' motion is procedurally improper as Rule 12(f) permits a court to strike only pleadings, as defined by Federal Rule of Civil Procedure 7(a). See Topps Co., Inc. v. Koko's Confectionery & Novelty, 482 F. Supp. 3d 129, 133 (S.D.N.Y. 2020); see also Huelbig v. Aurora Loan Servs., LLC, No. 10-CV-06215 (RJH) (THK), 2011 WL 4348281, at *2 (S.D.N.Y. May 18, 2011), report and recommendation adopted, 2011 WL 4348275 (S.D.N.Y. Sept. 16, 2011) ("Motions, declarations, and affidavits are not pleadings."). Nonetheless, it is hereby Ordered that, no later than Wednesday, September 29, 2021, Defendants shall respond to Plaintiffs' proposal, which as the Court understands it, is that the Court delay briefing on the motion to dismiss portion of the Vision Defendants' motion (filed at ECF No. 97 and re-filed at ECF No. 101), as well as on Defendant Villa's motion to dismiss (ECF No. 96), until after the Court's decision on the portion of the Vision Defendants' motion that seeks to compel arbitration. If Defendants agree to Plaintiffs' proposal they may, in the alternative, confer with Plaintiffs and file, by the same date, a joint proposed briefing schedule. In the interim, Plaintiffs' time to respond to the pending motions is adjourned sine die. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 100. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 9/24/2021) (jca)
September 23, 2021 Opinion or Order Filing 102 MEMORANDUM OF LAW in Support re: #101 MOTION to Dismiss #89 Second Amended Complaint [MOTION TO COMPEL ARBITRATION IN PART, AND TO DISMISS OR IN THE ALTERNATIVE TO STAY PENDING ARBITRATION]. . Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Chou, Jenny)
September 23, 2021 Opinion or Order Filing 101 MOTION to Dismiss #89 Second Amended Complaint [MOTION TO COMPEL ARBITRATION IN PART, AND TO DISMISS OR IN THE ALTERNATIVE TO STAY PENDING ARBITRATION]. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
September 23, 2021 Opinion or Order Filing 100 MOTION to Strike Document No. [ECF97] In Part Duplicate Motion to Compel and/or Motion to Dismiss., MOTION to Stay re: #97 MOTION to Dismiss #89 Second Amended Complaint [MOTION TO COMPEL ARBITRATION IN PART, AND TO DISMISS OR IN THE ALTERNATIVE TO STAY PENDING ARBITRATION]. Motion to Stay Pending Resolution of Arbitratbility Issues and Resolution of Consent to Jurisdiction.. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC, Samantha Siva Kumaran..(Siva Kumaran, Samantha)
September 23, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jenny R. Chou to RE-FILE Document #97 MOTION to Dismiss #89 Second Amended Complaint [MOTION TO COMPEL ARBITRATION IN PART, AND TO DISMISS OR IN THE ALTERNATIVE TO STAY PENDING ARBITRATION]. ERROR(S): supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
September 17, 2021 Opinion or Order Filing 99 MEMORANDUM OF LAW IN SUPPORT OF DEFENDNT'S MOTION T DISMISS THE PLAINTIFF'S SECOND AMENDED COMPLAINT, re: #98 MOTION to Dismiss. Document filed by Julie Villa. (sc)
September 17, 2021 Opinion or Order Filing 98 NOTICE OF MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT PURS. TO FED.R.CIV.PROC. 12(B)(6), 8(a)(2), & 12(b)(1). Document filed by Julie Villa.(sc)
September 17, 2021 Opinion or Order Filing 97 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss #89 Second Amended Complaint [MOTION TO COMPEL ARBITRATION IN PART, AND TO DISMISS OR IN THE ALTERNATIVE TO STAY PENDING ARBITRATION]. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc.. (Attachments: #1 Supplement MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS MOTION TO COMPEL ARBITRATION IN PART, AND TO DISMISS OR IN THE ALTERNATIVE TO STAY PENDING ARBITRATION, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7).(Chou, Jenny) Modified on 9/23/2021 (ldi).
September 14, 2021 Opinion or Order Filing 96 MEMO ENDORSEMENT on CONSENT MOTION TO MODIFY PAGE LIMITATIONS FOR RESPONSE TO PLAINTIFF'S SECOND AMENDED COMPLAINT: granting #95 Motion for Modify Page Limitations re: #95 MOTION TO MODIFY PAGE LIMITATIONS FOR RESPONSE TO PLAINTIFF'S SECOND AMENDED COMPLAINT. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 9/14/2021) (ama)
September 14, 2021 Opinion or Order Filing 95 CONSENT MOTION TO MODIFY PAGE LIMITATIONS FOR RESPONSE TO PLAINTIFF'S SECOND AMENDED COMPLAINT. Document filed by Julie Villa.(sc) Modified on 9/14/2021 (sc).
September 13, 2021 Opinion or Order Filing 94 ORDER granting #93 Motion for Leave to File Excess Pages: Motion GRANTED on consent. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron)(Text Only Order) (Aaron, Stewart)
September 13, 2021 Opinion or Order Filing 93 CONSENT MOTION for Leave to File Excess Pages [CONSENT MOTION TO MODIFY PAGE LIMITATIONS FOR RESPONSE TO THE SECOND AMENDED COMPLAINT]. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
August 19, 2021 Opinion or Order Filing 92 PRO SE MEMORANDUM, dated 8/19/21 re: CHANGE OF ADDRESS for Julie Villa. New Address: 933 Nottingham Rd., Keller, Texas, 76248. (sc)
August 9, 2021 Opinion or Order Filing 91 ORDER denying #90 LETTER MOTION TO RECONSIDER ECF87 TO FILE AMENDED COMPLAINT AND ADJUST SCHEDULING FOR PLAINTIFFS OPPOSITION TO MTD re #90 MOTION for Reconsideration re; #87 Order on Motion to Continue,,, . filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Samantha Siva Kumaran, Nefertiti Risk Capital Management, LLC. Application DENIED. Plaintiffs have not made the required showing as they have not "point[ed] to controlling decisions or data that the [C]ourt overlooked." McGraw-Hill Glob. Educ. Holdings, LLC v. Mathani, 293 F. Supp. 3d 394, 397 (S.D.N.Y. 2018). SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/9/2021) (js)
August 6, 2021 Opinion or Order Filing 90 MOTION for Reconsideration re; #87 Order on Motion to Continue,,, . Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC, Samantha Siva Kumaran..(Siva Kumaran, Samantha)
July 30, 2021 Opinion or Order Filing 89 SECOND AMENDED COMPLAINT amending #1 Complaint, against Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Julie Villa, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc. with JURY DEMAND.Document filed by Nefertiti Holding Corporation, Samantha Siva Kumaran, Nefertiti Asset Management, LLC, Nefertiti Risk Capital Management, LLC. Related document: #1 Complaint,. (Attachments: #1 Exhibit 1_Optimus, #2 Exhibit 2_NewsandNoticesNFA, #3 Exhibit 3_HRF, #4 Exhibit 4_VIA, #5 Exhibit 5_modernportfolio, #6 Exhibit 6_VIA, #7 Exhibit 7_VIA_ddoc, #8 Exhibit 8_email_09_29, #9 Exhibit 9_email_09_27, #10 Exhibit 10_BCC13, #11 Exhibit 11_FINRA, #12 Exhibit 12_BCC11, #13 Exhibit 13_IBContract, #14 Exhibit 14_RICO, #15 Exhibit 15_RICO, #16 Exhibit 16_Verification03668, #17 Exhibit 17_Verification3873, #18 Exhibit 18_email_01_30, #19 Exhibit 19_email_02_01, #20 Exhibit 20_email_Villa, #21 Exhibit 21_email_01_23, #22 Exhibit 22_email_Villa2, #23 Exhibit 23_email_05_24, #24 Exhibit 24_Nefertiti_Tearsheet_09_2017, #25 Exhibit 25_CFTC_Visionsynopsis, #26 Exhibit 26_NFAComplaint, #27 Exhibit 27_ADMIS1, #28 Exhibit 28_ADMIS2, #29 Exhibit 29_ADMIS3, #30 Exhibit 30_ADMIS4, #31 Exhibit 31_IBS).(Siva Kumaran, Samantha)
July 27, 2021 Opinion or Order Filing 88 NOTICE of Amended Complaint re: #86 CONSENT LETTER MOTION to Continue Adjust Scheduling of SAC pending ruling by Judge Woods on oustanding reconsideration motions. addressed to Magistrate Judge Stewart D. Aaron from Plaintiffs dated July 22, 2021., #87 Order on Motion to Continue,,,. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC, Samantha Siva Kumaran..(August, Brian)
July 23, 2021 Opinion or Order Filing 87 ORDER denying #86 Letter Motion to Continue. Application DENIED. Plaintiffs have been aware of the current deadline for filing a single pleading since April 30, 2021. (See 4/30/2021 Order, ECF No. 69.) Moreover, it appears to this Court that Plaintiffs' objections are untimely. In any event, if Judge Woods sustains Plaintiffs' objections, Plaintiffs can divide their allegations into separate pleadings at that time. In the meantime, the Court will not continue to delay this case, which was filed more than one year ago. With respect to the briefing schedule for Defendants' anticipated motions to dismiss, the parties shall comply with the briefing schedule set forth in the Court's April 30, 2021 Order (ECF No. 69). The Clerk of Court is respectfully requested to mail a copy of this Order to pro se Defendant Villa. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 7/23/21) (yv) Transmission to Docket Assistant Clerk for processing.
July 22, 2021 Opinion or Order Filing 86 CONSENT LETTER MOTION to Continue Adjust Scheduling of SAC pending ruling by Judge Woods on oustanding reconsideration motions. addressed to Magistrate Judge Stewart D. Aaron from Plaintiffs dated July 22, 2021. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC, Samantha Siva Kumaran..(Siva Kumaran, Samantha)
July 15, 2021 Opinion or Order Filing 85 REPLY MEMORANDUM OF LAW in Support re: #76 MOTION for Reconsideration re; #72 Order on Motion to Add Party(ies), Order on Motion to Intervene,,,, Pursuant to Rule 59(b) and Rule 72 appeal to District Judge. Filed via email on on July 14, 2021. Document filed by Samantha Siva Kumaran. (Attachments: #1 Exhibit Pacer_Error).(Siva Kumaran, Samantha)
June 29, 2021 Opinion or Order Filing 84 ORDER: The Court has received Plaintiff's motion, Dkt. Nos. 75 and 76, and Defendant's response, Dkt. No. 79. Plaintiff's reply is due no later than July 14, 2021. SO ORDERED (Replies due by 7/14/2021.) (Signed by Judge Gregory H. Woods on 6/29/2021) (rro)
June 28, 2021 Opinion or Order Filing 83 EMERGENCY MOTION to Stay For Seven (7) Days. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
June 28, 2021 Opinion or Order Filing 82 MEMO ENDORSEMENT re: #80 Letter filed by Samantha Siva Kumaran. ENDORSEMENT: In light of the Vision Defendants' June 28, 2021 Letter (ECF No. 81), no further clarification from this Court appears necessary. The appeal from my May 28, 2021 Order is before District Judge Woods and any request for an extension of time must be sought from Judge Woods. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 6/28/2021) (nb)
June 28, 2021 Opinion or Order Filing 81 LETTER addressed to Judge Gregory H. Woods from Jenny R. Chou dated June 28, 2021 re: Clarification of Response filed at ECF No. 79. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
June 28, 2021 Opinion or Order Filing 80 LETTER addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated June 28, 2021 re: ECF79, ECF78, ECF77, ECF75. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
June 25, 2021 Opinion or Order Filing 79 RESPONSE to Motion re: #76 MOTION for Reconsideration re; #72 Order on Motion to Add Party(ies), Order on Motion to Intervene,,,, Pursuant to Rule 59(b) and Rule 72 appeal to District Judge. and Response to ECF No. 75. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
June 14, 2021 Opinion or Order Filing 78 ORDER amending #72 Order on Motion to Add Party(ies), Order on Motion to Intervene: It is hereby Ordered that the motion by Nefertiti Asset Management, LLC ("NAM") and Nefertiti Holding Corporation ("NHC") to intervene (ECF No. 60) is GRANTED ON CONSENT. (See 4/30/2021 Order, ECF No. 69.) Having reviewed Plaintiff Kumaran's letter regarding the filing of a Second Amended Complaint ("SAC") (ECF No. 70) and Defendants' response (ECF No. 71), it is further Ordered that Plaintiffs must comply with the Court's April 30, 2021 Order, which requires, inter alia, each Plaintiff to sign the forthcoming SAC with respect to the allegations made by her/it. (Order, ECF No. 69.) The SAC shall clearly state which claims are being brought by which Plaintiff(s). As the Court previously has held, Kumaran herself lacks standing to file the pleading on behalf of the other Plaintiffs. (See, e.g., 8/20/2020 Order ECF No. 13 (dismissing claims brought by Kumaran on behalf of other entities).) The Clerk of Court is respectfully requested to mail a copy of this Order to pro se Defendant Villa. In addition, a copy of this Order will be emailed to Defendant Villa by Chambers (Signed by Magistrate Judge Stewart D. Aaron on 6/14/2021) (Aaron, Stewart) Transmission to Docket Assistant Clerk for processing.
June 14, 2021 Opinion or Order Filing 77 ORDER granting #76 Motion for Reconsideration re #76 MOTION for Reconsideration re; #72 Order on Motion to Add Party(ies), Order on Motion to Intervene Pursuant to Rule 59(b) and Rule 72 appeal to District Judge filed by Samantha Siva Kumaran: The Court hereby grants Kumaran's motion for reconsideration in part and shall issue today an Amended Order to supersede the May 28 Order. The Amended Order shall contain all the same text as the May 28 Order, except that the single sentence and citation referenced above shall be amended to read, as follows: "As the Court previously has held, Kumaran herself lacks standing to file the pleading on behalf of the other Plaintiffs. (See, e.g., 8/20/2020 Order ECF No. 13 (dismissing claims brought by Kumaran on behalf of other entities).)" Kumaran's motion does not otherwise refer to controlling decisions or data that the Court overlooked and thus the Court denies the motion for reconsideration of the May 28 Order in all other respects. The Clerk of Court is respectfully requested to mail a copy of this Order to pro se Defendant Villa. In addition, a copy of this Order will be emailed to Defendant Villa by Chambers. (Signed by Magistrate Judge Stewart D. Aaron on 6/14/2021) (Aaron, Stewart) Transmission to Docket Assistant Clerk for processing.
June 14, 2021 Opinion or Order Mailed a copy of #78 Order, #77 Order on Motion for Reconsideration, to Julie Villa at 3778 W. Solana Ct., Apt. A306, Herriman, UT 84096. (dsh)
June 11, 2021 Opinion or Order Filing 76 MOTION for Reconsideration re; #72 Order on Motion to Add Party(ies), Order on Motion to Intervene,,,, Pursuant to Rule 59(b) and Rule 72 appeal to District Judge. Document filed by Samantha Siva Kumaran. (Attachments: #1 Exhibit 1_Transcript).(Siva Kumaran, Samantha)
June 11, 2021 Opinion or Order Filing 75 APPEAL OF MAGISTRATE JUDGE DECISION to District Court from #72 Order on Motion to Add Party(ies), Order on Motion to Intervene,,,,. Document filed by Samantha Siva Kumaran. Copies of Appeal of Magistrate Judge Decision to District Court served on Attorney(s) of Record: Jenny Chou. (Attachments: #1 Exhibit 1_Transcript).(Siva Kumaran, Samantha)
June 1, 2021 Opinion or Order Mailed a copy of #72 Order on Motion to Add Party(ies), Order on Motion to Intervene, to Julie Villa at 3778 W. Solana Ct., Apt. A306, Herriman, UT 84096. (dsh)
May 29, 2021 Opinion or Order Filing 74 TRANSCRIPT of Proceedings re: status conference held on 4/30/2021 before Magistrate Judge Stewart D. Aaron. Court Reporter/Transcriber: Darby Ginsberg, (914) 390-4102. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/21/2021. Redacted Transcript Deadline set for 6/29/2021. Release of Transcript Restriction set for 8/27/2021..(Ginsberg, Darby)
May 29, 2021 Opinion or Order Filing 73 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a status conference proceeding held on 04/30/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Ginsberg, Darby)
May 28, 2021 Opinion or Order Filing 72 Amended as per Judge's Order dated 6/14/2021, Doc. #78 ORDER granting #60 Motion to Add ; granting #60 Motion to Intervene. It is hereby Ordered that the motion by Nefertiti Asset Management, LLC ("NAM") and Nefertiti Holding Corporation ("NHC") to intervene (ECF No. 60) is GRANTED ON CONSENT. (See 4/30/2021 Order, ECF No. 69.) The Clerk of Court is respectfully requested to mail a copy of this Order to pro se Defendant Villa. In addition, a copy of this Order will be emailed to Defendant Villa by Chambers. (As further set forth in this Order.) (Signed by Magistrate Judge Stewart D. Aaron on 5/28/2021) (cf) Transmission to Docket Assistant Clerk for processing. Modified on 6/14/2021 (kl).
May 26, 2021 Opinion or Order Filing 71 LETTER addressed to Magistrate Judge Stewart D. Aaron from Jenny R. Chou dated May 26, 2021 re: #70 LETTER to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated May 14, 2021 re: Confirmation of Joint Complaints. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
May 14, 2021 Opinion or Order Filing 70 LETTER addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated May 14, 2021 re: Confirmation of Joint Complaint as per Order ECF70. Document filed by Samantha Siva Kumaran. (Attachments: #1 Exhibit 1).(Siva Kumaran, Samantha)
April 30, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 4/30/2021. (kl)
April 30, 2021 Opinion or Order Filing 69 ORDER Following a telephone conference with the parties today, and for the reasons stated on the record, it is hereby Ordered as follows: (1) None of Kumaran, NRCM or NAM had leave to file the pleadings in this action that were filed at ECF Nos. 48, 49, 50, 55 and 56, and those pleadings are stricken; (2) Plaintiffs cannot proceed jointly in this action by filing separate complaints. See Figueroa v. Trump, No. 20-CV-00401 (TJM) (CFH), 2020 WL 4346765, at *2 (N.D.N.Y. July 29, 2020). Accordingly, all plaintiffs (and intervenors) must join a single pleading signed by each (or counsel where applicable) with respect to the allegations made by her/it; (a) If either Kumaran or NRCM wishes to pursue litigation independently, she/it must file a notice of voluntary dismissal pursuant to Rule 41 of the Federal Rules of Civil Procedure no later May 14, 2021; (b) The motion by NAM and NHC to intervene shall be granted on consent unless they advise the Court in writing, no later than May 14, 2021, that they wish to proceed via a separate action, in which case they shall withdraw their motion by that date; (3) All remaining plaintiffs shall file a single SAC no later than July 30, 2021. Such pleading must comply with Federal Rule of Civil Procedure Rule 8 and contain a short and plain statement of the claim showing that the pleader is entitled to relief. Fed. R. Civ. P. 8(a); see also Wynder v. McMahon, 360 F.3d 73, 79 n.11 (2d Cir. 2004) ([T]he basic requirements of Rule 8 apply to self-represented and counseled plaintiffs alike.) (citation omitted); (4) Defendants shall file their anticipated motion to dismiss the SAC (and/or to compel arbitration) no later than September 17, 2021. Plaintiffs shall file their opposition no later than October 19, 2021 and Defendants shall file any reply no later than November 19, 2021. (Signed by Magistrate Judge Stewart D. Aaron on 4/30/2021) (Aaron, Stewart)
April 30, 2021 Opinion or Order Filing 68 MOTION Maintain Pro-Se Complaints as Separate Filings and to Preserve Statutory Rights of 28 U.S.C. 1654. re: #48 Amended Complaint,,, . Document filed by Samantha Siva Kumaran. (Attachments: #1 Exhibit 1).(Siva Kumaran, Samantha)
April 27, 2021 Opinion or Order Filing 67 LETTER addressed to Magistrate Judge Stewart D. Aaron from All Parties / Joint Letter dated April 27, 2021 re: Joint Status Letter ECF58, ECF60 and ECF61. Document filed by Nefertiti Asset Management, LLC, Nefertiti Holding Corporation, Nefertiti Risk Capital Management, LLC, Samantha Siva Kumaran. (Attachments: #1 Exhibit A_Def, #2 Exhibit B_Pltf, #3 Exhibit C_Pltf, #4 Exhibit D_Plft).(Siva Kumaran, Samantha)
April 26, 2021 Opinion or Order Filing 66 NOTICE OF APPEARANCE by Brian M. August on behalf of Nefertiti Holding Corporation..(August, Brian)
April 26, 2021 Opinion or Order Filing 65 ORDER granting #63 Letter Motion to Adjourn Conference. Application GRANTED. The telephone conference scheduled for April 28, 2021 is adjourned until April 30, 2021 at 4:00 p.m. At the scheduled time, the parties shall each separately call {888} 278-0296 {or {214 765-0479} and enter access code 6489745. SO ORDERED. Telephone Conference set for 4/30/2021 at 04:00 PM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 4/26/2021) (kv)
April 26, 2021 Opinion or Order Filing 64 LETTER addressed to Magistrate Judge Stewart D. Aaron from Jenny R. Chou dated April 26, 2021 re: Mr. August's #63 Letter Motion to Adjourn Conference. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
April 25, 2021 Opinion or Order Filing 63 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Stewart D. Aaron from Brian August dated April 25, 2021. Document filed by Nefertiti Risk Capital Management, LLC..(August, Brian)
April 20, 2021 Opinion or Order Filing 62 ORDER: The Court is in receipt of Plaintiff Kumaran's Letter filed at ECF No. 61. The parties are directed to meet and confer regarding the issues raised both in ECF Nos. 58 and 61. No later than 5pm on April 27, 2021, the parties shall file a joint letter not to exceed 6 pages setting forth any remaining disputes. The Court hereby adjourns the telephone conference currently scheduled for April 21, 2021 until April 28, 2021 at 11:00 am. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. SO ORDERED. (Telephone Conference set for 4/28/2021 at 11:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 4/20/2021) (Text Only Order) (kl)
April 20, 2021 Opinion or Order Filing 61 LETTER addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated April 20, 2021 re: Response to Ms. Chou's Letter Dated April 2, 2021. Document filed by Samantha Siva Kumaran. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Siva Kumaran, Samantha)
April 20, 2021 Opinion or Order Filing 60 MOTION to Add Party(ies) Nefertiti Asset Management, LLC and Nefertiti Holding Corporation ., MOTION to Intervene .( Return Date set for 5/4/2021 at 12:00 AM.) Document filed by Nefertiti Asset Management, LLC, Nefertiti Risk Capital Management, LLC, Samantha Siva Kumaran, Nefertiti Holding Corporation..(Siva Kumaran, Samantha)
April 2, 2021 Opinion or Order Filing 59 ORDER granting #58 Letter Motion for Conference re: #58 LETTER MOTION for Conference on Case Status addressed to Magistrate Judge Stewart D. Aaron from Jenny R. Chou dated April 2, 2021. Application GRANTED. The parties are directed to appear for a status conference in this action on April 21, 2021 at 4:00 p.m. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. The deadline for Defendants to respond to any pleading is adjourned sine die. So Ordered. Status Conference set for 4/21/2021 at 04:00 PM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 4/2/2021) (js)
April 2, 2021 Opinion or Order Filing 58 LETTER MOTION for Conference on Case Status addressed to Magistrate Judge Stewart D. Aaron from Jenny R. Chou dated April 2, 2021. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
April 1, 2021 Opinion or Order Filing 57 NOTICE of Corrected ECF Filing Deficiencies in Radio Buttons and Caption re: #20 Amended Complaint,, #48 Amended Complaint,,,. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
April 1, 2021 Opinion or Order Filing 56 Stricken as per Judge's Order dated 4/30/2021, Doc. #69 SECOND AMENDED COMPLAINT amending #48 Amended Complaint,,, against Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Julie Villa, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc. with JURY DEMAND.Document filed by Samantha Siva Kumaran. Related document: #48 Amended Complaint,,,. (Attachments: #1 Exhibit 1_Optimus, #2 Exhibit 2_NewsandNoticesNFA, #3 Exhibit 3_HRF, #4 Exhibit 4, #5 Exhibit 5_modernportfolio, #6 Exhibit 6_VIA, #7 Exhibit 7_VIA_ddoc, #8 Exhibit 8_email_09_29, #9 Exhibit 9_email_09_27, #10 Exhibit 10_BCC13, #11 Exhibit 11_FINRA, #12 Exhibit 12_BCC11, #13 Exhibit 13_IBContract, #14 Exhibit 14_RICO, #15 Exhibit 15_RICO, #16 Exhibit 16_Verification03668, #17 Exhibit 17_Verification3873, #18 Exhibit 18_email_01_30, #19 Exhibit 19_email_02_01, #20 Exhibit 20_email_Villa, #21 Exhibit 21_email_01_23, #22 Exhibit 22_email_Villa2, #23 Exhibit 23_email_05_24, #24 Exhibit 24_Nefertiti_Tearsheet_09_2017, #25 Exhibit 25_CFTC_Visionsynopsis).(Siva Kumaran, Samantha) Modified on 4/30/2021 (kl).
April 1, 2021 Opinion or Order Filing 55 Stricken as per Judge's Order dated 4/30/2021, Doc. #69 FIRST AMENDED COMPLAINT amending #20 Amended Complaint,, against Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Julie Villa, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc. with JURY DEMAND.Document filed by Samantha Siva Kumaran. Related document: #20 Amended Complaint,,. (Attachments: #1 Exhibit 1_Optimus, #2 Exhibit 2_NewsandNoticesNFA, #3 Exhibit 3_HRF, #4 Exhibit 3B_VIA, #5 Exhibit 5_modernportfolio, #6 Exhibit 6_VIA, #7 Exhibit 7_VIA_ddoc, #8 Exhibit 8_email_09_29, #9 Exhibit 9_email_09_27, #10 Exhibit 10_BCC13, #11 Exhibit 11_FINRA, #12 Exhibit 12_BCC11, #13 Exhibit 13_IBContract).(Siva Kumaran, Samantha) Modified on 4/30/2021 (kl).
March 30, 2021 Opinion or Order Filing 54 ORDER denying #27 Letter Motion for Leave to File Document; denying as moot #53 Motion to Strike document #27 LETTER MOTION for Leave to File Motion for Costs Rule 4(d)(2) Julie Villa addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated November 25, 2020. filed by Samantha Siva Kumaran, #53 MOTION to Strike Document No. #52 . filed by Julie Villa from the record: Plaintiff's motion (ECF No. 27) is DENIED. Villa's Letter Motion to strike Plaintiff's reply (ECF No. 53) is DENIED AS MOOT.The Clerk of Court is respectfully requested to mail a copy of this Order to pro se Defendant Villa. (Signed by Magistrate Judge Stewart D. Aaron on 3/30/2021) (Aaron, Stewart) Transmission to Docket Assistant Clerk for processing.
March 29, 2021 Opinion or Order Filing 53 LETTER MOTION TO STRIKE PLAINTIFF'S REPLY TO MOTION FOR COSTS Document No. #52 . Document filed by Julie Villa. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (ok)
March 24, 2021 Opinion or Order Filing 52 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated March 24, 2021 re: #27 LETTER MOTION for Leave to File Motion for Costs Rule 4(d)(2) Julie Villa addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated November 25, 2020. . Document filed by Samantha Siva Kumaran. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10).(Siva Kumaran, Samantha)
March 22, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Samantha Siva Kumaran to RE-FILE Document No. #20 Amended Complaint,,. The filing is deficient for the following reason(s): the All Defendant radio button was 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. (pc)
March 22, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Samantha Siva Kumaran to RE-FILE Document No. #50 Amended Complaint,,,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Every party involved in the case must be included in the caption title. Et al. cannot be used in the caption title. 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. (pc)
March 22, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Samantha Siva Kumaran to RE-FILE re: Document No. #48 Amended Complaint,,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the All Defendant radio button was selected; Court's leave has not been granted. Every party involved in the case must be included in the caption title. Et al. cannot be used in the caption title. 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. 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)
March 19, 2021 Opinion or Order Filing 51 NOTICE of Correction to ECF 49 Filing re: #49 Amended Complaint,. Document filed by Nefertiti Asset Management, LLC, Nefertiti Risk Capital Management, LLC..(August, Brian)
March 19, 2021 Opinion or Order Filing 50 Stricken as per Judge's Order dated 4/30/2021, Doc. #69 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - AMENDED COMPLAINT amending #20 Amended Complaint, #48 Amended Complaint,, #1 Complaint, against Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Julie Villa, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc. with JURY DEMAND.Document filed by Nefertiti Asset Management, LLC, Nefertiti Risk Capital Management, LLC. Related document: #20 Amended Complaint, #48 Amended Complaint,, #1 Complaint,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 16, #15 Exhibit 17, #16 Exhibit 18, #17 Exhibit 19, #18 Exhibit 20, #19 Exhibit 21, #20 Exhibit 22, #21 Exhibit 23, #22 Exhibit 24, #23 Exhibit 25, #24 Exhibit 14, #25 Exhibit 15).(August, Brian) Modified on 3/22/2021 (pc). Modified on 4/30/2021 (kl).
March 19, 2021 Opinion or Order ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Nefertiti Asset Management, LLC, Nefertiti Risk Capital Management, LLC added. Party added pursuant to #1 Complaint,.Document filed by Nefertiti Asset Management, LLC, Nefertiti Risk Capital Management, LLC. Related document: #1 Complaint,..(August, Brian)
March 17, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brian M. August to RE-FILE re: Document No. #49 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; add party Nefertiti Risk Capital Mgmt, LLC; the All Defendant radio button was selected; the wrong filer/filers were selected for the pleading; Court's leave has not been granted. 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. 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. (jgo)
March 16, 2021 Opinion or Order Filing 49 Stricken as per Judge's Order dated 4/30/2021, Doc. #69 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - FIRST AMENDED COMPLAINT amending #20 Amended Complaint, #48 Amended Complaint,, #1 Complaint, against All Defendants with JURY DEMAND.Document filed by Nefertiti Asset Management, LLC, Nefertiti Risk Capital Management, LLC. Related document: #20 Amended Complaint, #48 Amended Complaint,, #1 Complaint,..(August, Brian) Modified on 3/17/2021 (jgo). Modified on 4/30/2021 (kl).
March 15, 2021 Opinion or Order Filing 48 Stricken as per Judge's Order dated 4/30/2021, Doc. #69 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -SECOND AMENDED COMPLAINT amending #20 Amended Complaint, #1 Complaint, against All Defendants with JURY DEMAND.Document filed by Samantha Siva Kumaran. Related document: #20 Amended Complaint, #1 Complaint,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25).(Siva Kumaran, Samantha) Modified on 3/22/2021 (pc). Modified on 4/30/2021 (kl).
March 15, 2021 Opinion or Order Filing 47 NOTICE OF APPEARANCE by Brian M. August on behalf of Nefertiti Asset Management, LLC..(August, Brian)
February 19, 2021 Opinion or Order Filing 46 ORDER: granting #45 Letter Motion for Extension of Time to File. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 2/19/2021) (ama)
February 19, 2021 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 3/15/2021. Motions due by 5/6/2021. Responses due by 7/1/2021 Replies due by 7/23/2021. (ama)
February 18, 2021 Opinion or Order Filing 45 CONSENT LETTER MOTION for Extension of Time to File Consent adjustment to briefing schedule ECF44 addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated February 18, 2021. Document filed by Nefertiti Risk Capital Management, LLC, Samantha Siva Kumaran..(Siva Kumaran, Samantha)
February 11, 2021 Opinion or Order Mailed a copy of #44 Order on Motion to Dismiss, #43 Order, Set Hearings, to Julie Villa, 3778 W. Solana Ct., Apt. A306, Herriman, UT 84096. (dsh)
February 10, 2021 Opinion or Order Received returned mail re: Mail Order by USPS. Mail was addressed to Julie Villa at 3778 W. Solana Ct., Herriman, UT 84096 and was returned for the following reason(s): Return To Sender- Insufficient Address- Unable To Forward. (ta)
February 4, 2021 Opinion or Order Received returned mail re: #43 Order, Set Hearings Mail Order by USPS. Mail was addressed to Julie Villa at 3778 W. Solana Ct. Herriman, UT 84096 and was returned for the following reason(s): Return To Sender- Insufficient Address- Unable To Forward..(ta)
January 27, 2021 Opinion or Order Mailed a copy of #44 Order on Motion to Dismiss, to Julie Villa at 3778 W. Solana Ct., Herriman, UT 84096. (dsh)
January 26, 2021 Opinion or Order Filing 44 ORDER: deemed moot #26 Motion to Dismiss; deemed moot #36 Motion to Dismiss. Following a telephone conference with the parties, it is hereby Ordered as follows: As no party objects to adding Nefertiti Risk Capital Management, LLC ("NRCM") as a plaintiff in this action, Plaintiff and NRCM shall file a Second Amended Complaint("SAC") adding NRCM as a plaintiff no later than February 26, 2021. Accordingly, the pending motions to dismiss the First Amended Complaint (ECF Nos 26 & 36) are deemed moot. No later than March 19, 2021, Plaintiff Kumaran shall file either: (a) a reply in support of her motion for costs (see ECF No. 27), or (b) a letter indicating that she no longer intends to pursue such motion. Defendants shall file their anticipated motion to dismiss the SAC (and/or to compel arbitration) no later than April 19, 2021. Plaintiffs shall file their opposition no later than June 14, 2021 and Defendants shall file any reply no later than July 6, 2021. The Clerk of Court is respectfully requested to terminate the motions at ECF No. 26 and ECF No. 36 as moot. The Clerk of Court is further requested to mail a copy of this Order to pro se Defendant Villa. In addition, a copy of this Order will be emailed to Defendant Villa by Chambers. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/26/2021) (ama) Transmission to Docket Assistant Clerk for processing.
January 26, 2021 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 2/26/2021. Motions due by 4/19/2021. Responses due by 6/14/2021 Replies due by 7/6/2021. (ama)
January 26, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 1/26/2021. (kl)
January 20, 2021 Opinion or Order Mailed a copy of #43 Order, Set Hearings, to Julie Villa at 3778 W. Solana Ct., Herriman, UT 84096. (dsh)
January 19, 2021 Opinion or Order Filing 43 ORDER FOR TELEPHONE CONFERENCE: The parties are directed to appear for a telephone conference on Tuesday, January 26, 2021, at 10:30 a.m. EST to discuss the status of this action and the two related actions. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. The Clerk of Court is directed to mail a copy of this Order to pro se Defendant Villa. In addition, a copy of this Order will be emailed to Defendant Villa by Chambers. ( Telephone Conference set for 1/26/2021 at 10:30 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 1/19/2021) (mro) Transmission to Docket Assistant Clerk for processing.
January 19, 2021 Opinion or Order Filing 42 LETTER MOTION for Extension of Time to File Response/Reply as to #20 Amended Complaint, #41 Notice (Other), #36 MOTION to Dismiss First Amended Complaint. Scheduling Order to March 5, 2021 addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated 01/19/2021. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
January 18, 2021 Opinion or Order Filing 41 NOTICE of Notice of Motion to intervene and add plaintiff re: #20 Amended Complaint,. Document filed by Nefertiti Risk Capital Management, LLC..(August, Brian)
December 22, 2020 Opinion or Order Filing 40 NOTICE OF APPEARANCE by Brian M. August on behalf of Nefertiti Risk Capital Management, LLC..(August, Brian)
December 15, 2020 Opinion or Order Filing 39 NOTICE of MOTION TO STRIKE OR CONVERT TO MOTION FOR SUMMARY JUDGMENT UNDER RULE 56 re: #32 Memorandum of Law in Support of Motion, #26 MOTION to Dismiss.. Document filed by Samantha Siva Kumaran..(Siva Kumaran, Samantha)
December 9, 2020 Opinion or Order Filing 38 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent High Ridge Holding Corporation, LLC for High Ridge Futures, LLC. Document filed by Boshnack Family, LLC, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Lazzara Consulting, Inc., Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
December 8, 2020 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jenny R. Chou to RE-FILE Document #35 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (ldi)
December 1, 2020 Opinion or Order Filing 37 MEMORANDUM OF LAW in Support re: #36 MOTION to Dismiss First Amended Complaint. . Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc.. (Attachments: #1 Exhibit ADMIS Privacy Policy, #2 Exhibit ADMIS Customer Agreement, #3 Exhibit ADMIS Arbitration Agreement).(Chou, Jenny)
December 1, 2020 Opinion or Order Filing 36 MOTION to Dismiss First Amended Complaint. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc.. Responses due by 1/29/2021.(Chou, Jenny)
December 1, 2020 Opinion or Order Filing 35 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Boshnack Family, LLC, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Lazzara Consulting, Inc., Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny) Modified on 12/8/2020 (ldi).
December 1, 2020 Opinion or Order Filing 32 MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss. Document filed by Julie Villa. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit).(kl) (Additional attachment(s) added on 12/1/2020: #14 Exhibit) (kl). (Additional attachment(s) added on 12/2/2020: #15 Exhibit) (kl).
November 30, 2020 Opinion or Order Filing 34 LETTER addressed to Magistrate Judge Stewart D. Aaron from J. Villa, dated 11/30/20 re: LETTER MOTION TO DISMISS PLAINTIFF'S LETTER MOTION FOR COSTS UNDER RULE (d)(2) SERVICE WAS NOT BY EMAIL(dated 11/25/20). Document filed by Julie Villa. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit).(sc)
November 30, 2020 Opinion or Order Filing 31 ORDER: It is hereby Ordered that Defendant Villa shall respond to Plaintiff's Letter Motion for costs pursuant to Federal Rule of Civil Procedure 4(d)(2) (see ECF No. 27) no later than December30, 2020. Defendant Villa is advised that there is a free legal clinic in this District to assist people who are parties in civil cases and do not have lawyers. The Clinic is run by a private organization called the New York Legal Assistance Group; it is not part of, or run by, the Court (and, among other things, therefore cannot accept filings on behalf of the Court, which must still be made by any unrepresented party through the Pro Se Intake Unit). An unrepresented party can make an appointment by calling 212-659-6190. Additional information is available on the Court's website at https://nysd.uscourts.gov/attorney/legal-assistance. The Clerk of Court is directed to mail a copy of this Order to pro se Defendant Villa. In addition, a copy of this Order will be emailed to Defendant Villa by Chambers. So Ordered. Set Deadlines/Hearing as to #27 LETTER MOTION for Leave to File Motion for Costs Rule 4(d)(2) Julie Villa addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated November 25, 2020. :( Responses due by 12/30/2020) (Signed by Magistrate Judge Stewart D. Aaron on 11/30/2020) (js) Transmission to Docket Assistant Clerk for processing.
November 30, 2020 Opinion or Order Filing 30 ORDER granting #29 Letter Motion for Leave to File Excess Pages. Request GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/30/2020) (kl)
November 27, 2020 Opinion or Order Filing 29 CONSENT MOTION for Leave to File Excess Pages for Response to the First Amended Complaint. Document filed by Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
November 27, 2020 Opinion or Order Filing 28 NOTICE OF APPEARANCE by Jenny R. Chou on behalf of Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc...(Chou, Jenny)
November 25, 2020 Opinion or Order Filing 27 LETTER MOTION for Leave to File Motion for Costs Rule 4(d)(2) Julie Villa addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated November 25, 2020. Document filed by Samantha Siva Kumaran. (Attachments: #1 Affidavit 1_Process Server, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Affidavit 6_Process Server, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9).(Siva Kumaran, Samantha)
November 23, 2020 Opinion or Order Filing 26 MOTION TO DISMISS. Document filed by Julie Villa. (Attachments: #1 Notice of Motion)(sc) Modified on 11/24/2020 (sc).
November 23, 2020 Opinion or Order Filing 24 NOTICE OF APPEARANCE PRO SE by Julie Villa. (sc)
November 23, 2020 Opinion or Order Filing 23 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Julie Villa consents to receive electronic service via the ECF system. Document filed by Julie Villa.(sc)
November 20, 2020 Opinion or Order Filing 25 AFFIRMATION OF SERVICE of Notice of Pro Se Appearance, Pro Se Consent to Recieve Documents Electronically, and Notice Consent & Reference a Civ. Action to a Magistrate Judge on 11/20/20. Service was made by email. Document filed by Julie Villa upon Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Samantha Siva Kumaran, Vision Brokerage Service, LLC, Vision Financial Markets, LLC. (sc) Modified on 11/23/2020 (sc).
October 31, 2020 Opinion or Order Filing 22 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Julie Villa served on 10/31/2020, answer due 11/23/2020. Service was accepted by Julie Villa. Document filed by Samantha Siva Kumaran. (Attachments: #1 Exhibit Receipt).(Siva Kumaran, Samantha)
October 27, 2020 Opinion or Order Filing 21 ORDER: It is hereby Ordered that Defendants other than Julie Villa shall move, answer or otherwise respond to the Amended Complaint (ECF No. 20) no later than December 1, 2020. The Court shall email a copy of this Order to counsel for Defendants (other than Villa) who executed the waiver of service. (See ECF No. 9.) SO ORDERED. Robert Boshnack answer due 12/1/2020; Boshnack Family, LLC answer due 12/1/2020; John Felag answer due 12/1/2020; H Rothman Family Advisors, Inc. answer due 12/1/2020; High Ridge Futures, LLC answer due 12/1/2020; High Ridge Holding Corporation, Inc. answer due 12/1/2020; Gerard Stephen Lazzara answer due 12/1/2020; Lazzara Consulting, Inc. answer due 12/1/2020; Howard Rothman answer due 12/1/2020; Vision Brokerage Service, LLC answer due 12/1/2020; Vision Financial Markets, LLC answer due 12/1/2020; Vision Investment Advisor, Inc. answer due 12/1/2020. (Signed by Magistrate Judge Stewart D. Aaron on 10/27/2020) (jca)
September 30, 2020 Opinion or Order Filing 20 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #1 Complaint, against All Defendants with JURY DEMAND.Document filed by Samantha Siva Kumaran. Related document: #1 Complaint,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13).(Siva Kumaran, Samantha) Modified on 3/22/2021 (pc).
September 10, 2020 Opinion or Order Filing 19 ORDER denying without prejudice #18 Motion to Alter Judgment ; terminating #18 Motion for Reconsideration Application DENIED WITHOUT PREJUDICE. Plaintiff shall file her Amended Complaint no later than September 30, 2020. If Plaintiff believes that she has a legal basis to assert a claim on behalf of any other entity, nothing in the Court's prior Orders prevents her from seeking to do so. Moreover, should any of the terminated Plaintiffs appear by counsel and file an amended pleading on or before the September 30, 2020 deadline, the Court will address any issues regarding those Plaintiffs at the appropriate time. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 9/10/2020) (js)
September 3, 2020 Opinion or Order Filing 18 MOTION to Alter Judgment re: #13 Order,,, Add and Terminate Parties,, #14 Order on Motion for Extension of Time to Amend ., MOTION for Reconsideration re; #13 Order,,, Add and Terminate Parties,, #14 Order on Motion for Extension of Time to Amend . Document filed by Nefertiti Risk Capital Management, LLC, Other similarly situated customers 1-100, Others similarly situated CTA's 1-100, Samantha Siva Kumaran. (Attachments: #1 Exhibit 1_ADMISform, #2 Exhibit 2_Admis_CustomerAgreement).(Siva Kumaran, Samantha)
August 24, 2020 Opinion or Order Filing 17 SUMMONS ISSUED as to Julie Villa. (bwa) (Main Document 17 replaced on 8/24/2020) (bwa).
August 24, 2020 Opinion or Order Filing 16 INFORMATION PACKAGE MAILED to Samantha Siva Kumaran, at 119 West 72nd Street Ste 204 New York, NY 10023, on 8/24/2020 Re: #13 Order via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (bwa)
August 21, 2020 Opinion or Order Filing 15 ORDER: The Clerk of Court is directed to issue a summons as to Defendant Julie Villa. Plaintiff shall serve the summons and complaint on Defendant Villa within 90 days of the issuance of the summons. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/21/2020) (mml)
August 21, 2020 Opinion or Order Filing 14 ORDER granting #12 Letter Motion for Extension of Time to Amend. Application GRANTED. SO ORDERED. Amended Pleadings due by 9/30/2020. (Signed by Magistrate Judge Stewart D. Aaron on 8/21/2020) (mml)
August 21, 2020 Opinion or Order Transmission to Pro Se Assistants. Transmitted re: #15 Order to the Pro Se Assistants for processing. (mml)
August 20, 2020 Opinion or Order Filing 13 ORDER: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff Samantha Siva Kumaran, together with an information package. The Court denies Kumaran's request for this action to proceed as a class action, and dismisses without prejudice the claims of all the plaintiffs except those of Kumaran. The Court therefore also directs the Clerk of Court to terminate all the plaintiffs except Kumaran. SO ORDERED. Others similarly situated CTA's 1-100, Nefertiti Risk Capital Management, LLC and Other similarly situated customers 1-100 terminated. (Signed by Judge Gregory H. Woods on 8/20/2020) (jca) Transmission to Docket Assistant Clerk for processing. Modified on 8/21/2020 (jca).
August 19, 2020 Opinion or Order Filing 12 LETTER MOTION for Extension of Time to Amend #1 Complaint, addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated August 19, 2020. Document filed by Nefertiti Risk Capital Management, LLC, Other similarly situated customers 1-100, Others similarly situated CTA's 1-100, Samantha Siva Kumaran. Return Date set for 9/30/2020 at 12:00 AM..(Siva Kumaran, Samantha)
August 17, 2020 Opinion or Order Filing 11 LETTER addressed to Magistrate Judge Stewart D. Aaron from Samantha S. Kumaran dated 08/17/2020 re: Service of Process Julie Villa. Document filed by Nefertiti Risk Capital Management, LLC, Other similarly situated customers 1-100, Others similarly situated CTA's 1-100, Samantha Siva Kumaran..(Siva Kumaran, Samantha)
August 17, 2020 Opinion or Order Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to JULIE VILLA, re: #1 Complaint,. Document filed by Nefertiti Risk Capital Management, LLC, Other similarly situated customers 1-100, Others similarly situated CTA's 1-100, Samantha Siva Kumaran..(Siva Kumaran, Samantha)
August 17, 2020 Opinion or Order Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. Robert Boshnack waiver sent on 8/13/2020, answer due 10/13/2020; Boshnack Family, LLC waiver sent on 8/13/2020, answer due 10/13/2020; John Felag waiver sent on 8/13/2020, answer due 10/13/2020; H Rothman Family Advisors, Inc. waiver sent on 8/13/2020, answer due 10/13/2020; High Ridge Futures, LLC waiver sent on 8/13/2020, answer due 10/13/2020; High Ridge Holding Corporation, Inc. waiver sent on 8/13/2020, answer due 10/13/2020; Gerard Stephen Lazzara waiver sent on 8/13/2020, answer due 10/13/2020; Lazzara Consulting, Inc. waiver sent on 8/13/2020, answer due 10/13/2020; Howard Rothman waiver sent on 8/13/2020, answer due 10/13/2020; Vision Brokerage Service, LLC waiver sent on 8/13/2020, answer due 10/13/2020; Vision Financial Markets, LLC waiver sent on 8/13/2020, answer due 10/13/2020; Vision Investment Advisor, Inc. waiver sent on 8/13/2020, answer due 10/13/2020. Document filed by Others similarly situated CTA's 1-100; Other similarly situated customers 1-100; Nefertiti Risk Capital Management, LLC; Samantha Siva Kumaran..(Siva Kumaran, Samantha)
August 14, 2020 Opinion or Order Filing 8 ORDER granting #3 Motion for Permission for Electronic Case Filing. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/14/2020) (kl)
August 11, 2020 Opinion or Order CASE ACCEPTED AS RELATED. Create association to 1:20-cv-03873-GHW-SDA. (kl)
August 10, 2020 Opinion or Order Filing 7 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Stewart D. Aaron. Motions referred to Stewart D. Aaron. (Signed by Judge Gregory H. Woods on 8/10/2020) (jwh)
August 6, 2020 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned is no longer assigned to the case..(bcu)
August 6, 2020 Opinion or Order Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bcu)
June 8, 2020 Opinion or Order Filing 5 LETTER from Samantha Siva Kumaran dated 6/8/2020 re: Request for related case statement. Document filed by Samantha Siva Kumaran..(rj)
June 8, 2020 Opinion or Order Pro Se Payment of Fee Processed: $400 Check processed by the Finance Department on 06/01/2020, Receipt Number 465401259002. (jgl)
May 29, 2020 Opinion or Order Filing 4 NOTICE OF PAYMENT: Dear Honorable Court, Please find attached notice of payment in accordance with April 1 ECF Addendum for Covid19 rules. Receipts and proof of delivery are attached. (Attachments: #1 Exhibit, #2 Exhibit) (cf)
May 26, 2020 Opinion or Order Filing 3 MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING for Samantha Siva Kumaran to participate in electronic case filing in this case. Document filed by Samantha Siva Kumaran..(rro)
May 19, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (rdz)
May 19, 2020 Opinion or Order Filing 1 COMPLAINT against Robert Boshnack, Boshnack Family, LLC, John Felag, H Rothman Family Advisors, Inc., High Ridge Futures, LLC, High Ridge Holding Corporation, Inc., Gerard Stephen Lazzara, Lazzara Consulting, Inc., Howard Rothman, Julie Villa, Vision Brokerage Service, LLC, Vision Financial Markets, LLC, Vision Investment Advisor, Inc.. Document filed by Samantha Siva Kumaran.(rdz)
May 19, 2020 Opinion or Order Case Designated ECF. (rdz)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Kumaran et al v. Vision Financial Markets, LLC et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Lazzara Consulting, Inc.
Represented By: Jenny R. Chou
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Boshnack Family, LLC
Represented By: Jenny R. Chou
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Vision Financial Markets, LLC
Represented By: Jenny R. Chou
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Robert Boshnack
Represented By: Jenny R. Chou
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: H Rothman Family Advisors, Inc.
Represented By: Jenny R. Chou
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: High Ridge Futures, LLC
Represented By: Jenny R. Chou
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Gerard Stephen Lazzara
Represented By: Jenny R. Chou
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Julie Villa
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: High Ridge Holding Corporation, Inc.
Represented By: Jenny R. Chou
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Vision Investment Advisor, Inc.
Represented By: Jenny R. Chou
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Howard Rothman
Represented By: Jenny R. Chou
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Vision Brokerage Service, LLC
Represented By: Jenny R. Chou
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: John Felag
Represented By: Jenny R. Chou
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Samantha Siva Kumaran
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Other similarly situated customers 1-100
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Others similarly situated CTA's 1-100
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Nefertiti Risk Capital Management, LLC
Represented By: Joel Geoffrey MacMull
Represented By: Brian M. August
Represented By: David Kostus
Represented By: Randy Edward Kleinman
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Nefertiti Asset Management, LLC
Represented By: Joel Geoffrey MacMull
Represented By: Brian M. August
Represented By: David Kostus
Represented By: Randy Edward Kleinman
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Nefertiti Holding Corporation
Represented By: Joel Geoffrey MacMull
Represented By: Brian M. August
Represented By: David Kostus
Represented By: Randy Edward Kleinman
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?