Molesphini, et al v. Giordano, et al
| Elephant Entertainment, Inc. and Craig Molesphini |
| Anthony Giordano, Nue Resource Financial Corp. and Nue Resource Funding LLC |
| Nue-Trition Weight Management, LLC |
| 1:2020cv05427 |
| July 14, 2020 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Filing 34 STIPULATION TO STAY CIVIL CASE DUE TO FILING OF CRIMINAL ACTION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the respective Parties, that, subject to the approval of the Court, the case captioned hereinabove is stayed pending the resolution of the criminal action against Defendant Anthony Giordano, State of New Jersey v. Anthony Giordano, Monmouth County, Case # 1316-S-2020- 000466, and that upon such resolution, either or both of the Parties shall notify or apply to this Court for the purpose of continuing with further proceedings of the captioned civil action or other disposition thereof; and, IT IS FURTHER STIPULATED AND AGREED, that all Parties reserve all of their rights, interests, claims, counterclaims and cross-claims, and all defenses thereto, without limitation, except that Defendants hereby waive any claims to ineffective service of the Complaint or any documents filed to that date and accept service of any heretofore-filed ECF documents; and, IT IS FURTHER STIPULATED AND AGREED that this Stipulation may be filed in separate parts, that a facsimile of this Stipulation and/or an electronic signature on this Stipulation shall be deemed as originals, that this Stipulation may be e-filed with the Court by either Party, and that e-filing shall constitute good and sufficient service upon the Parties. (Signed by Judge Katherine Polk Failla on 1/25/2021) (nb) |
| Case Stayed (nb) |
| Filing 33 PROPOSED STIPULATION AND ORDER. Document filed by Anthony Giordano, Nue Resource Financial Corp., Nue Resource Funding LLC, Nue-Trition Weight Management, LLC..(Glass, Jordan) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 1/14/2021. Attorney Alexander Sakin representing Plaintiffs present. Attorney Jordan Dain Glass representing Defendants present. By 1/22/2021, Defendants shall file their motion to stay the case; Plaintiffs to file their response by 1/29/2021. (Court Reporter Rivka Teich) (tn) |
| Filing 32 MEMO ENDORSEMENT re: #31 Letter filed by Elephant Entertainment, Inc., Craig Molesphini. ENDORSEMENT: The Court is in receipt of the parties' above status letter. The conference scheduled for January 14, 2021, at 1:00 p.m., is hereby CONVERTED to a telephone conference at 11:00 a.m. The dial-in information is as follows: At 11:00 a.m. the parties shall call (888) 363-4749 and enter access code 5123533. Please note, the conference will not be available prior to 11:00 a.m., (Telephone Conference set for 1/14/2021 at 11:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 1/12/2021) (nb) |
| Filing 31 JOINT LETTER addressed to Judge Katherine Polk Failla from Alexander Sakin and Jordan Glass dated January 8, 2021 re: latest developments affecting the parties. Document filed by Elephant Entertainment, Inc., Craig Molesphini..(Sakin, Alexander) |
Filing 30
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Fact Discovery due by 6/4/2021. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than 7/19/2021. Depositions of fact witnesses shall be completed by 6/4/2021. This case is to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is 5 days. Pretrial Conference set for 6/22/2021 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. There is currently an initial pretrial conference in this matter scheduled for December 10, 2020. Mr. Glass, counsel for Defendants, appeared in the case on December 2, 2020, and detailed certain immediate medical obligations in the parties' joint letter of December 3, 2020(Dkt. #29). To accommodate Mr. Glass's recovery, and to allow Defendants an opportunity to respond to the Complaint, the Court hereby ADJOURNS the initial pretrial conference to January 14, 2021, at 1:00 p.m. The Court wishes Mr. Glass a speedy recovery. (Signed by Judge Katherine Polk Failla on 12/4/2020) (rro)
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| Filing 29 JOINT LETTER addressed to Judge Katherine Polk Failla from Alexander Sakin dated December 3, 2020 re: Proposed Scheduling Order. Document filed by Elephant Entertainment, Inc., Craig Molesphini. (Attachments: #1 Text of Proposed Order CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER).(Sakin, Alexander) |
| Filing 28 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Anthony Giordano, Nue Resource Financial Corp., Nue Resource Funding LLC, Nue-Trition Weight Management, LLC..(Glass, Jordan) |
| Filing 27 NOTICE OF APPEARANCE by Jordan Dain Glass on behalf of Anthony Giordano, Nue Resource Financial Corp., Nue Resource Funding LLC, Nue-Trition Weight Management, LLC..(Glass, Jordan) |
| Filing 26 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Nue-Trition Weight Management, LLC served on 10/19/2020, answer due 11/9/2020. Document filed by Craig Molesphini; Elephant Entertainment, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Sakin, Alexander) |
| Filing 25 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Nue Resource Funding LLC served on 10/19/2020, answer due 11/9/2020. Document filed by Craig Molesphini; Elephant Entertainment, Inc.. (Attachments: #1 Exhibit, #2 Exhibit).(Sakin, Alexander) |
| Filing 24 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Anthony Giordano served on 10/16/2020, answer due 11/6/2020. Document filed by Craig Molesphini; Elephant Entertainment, Inc.. (Attachments: #1 Exhibit Emails, #2 Exhibit Confirmations of Receipt of Emails).(Sakin, Alexander) |
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Filing 23
ORDER granting #16 Motion to Serve: For the reasons set forth above, Plaintiffs' motion to effect substituted service on the Unserved Defendants via the email addresses ag@nrfcorp.com and giordano3.anthony@gmail.com is GRANTED. The Court ORDERS Plaintiffs to effectuate such service within 15 days of this Order. The Court further ORDERS Plaintiffs to effectuate service in a manner that they will be able to verify the successful delivery of process to the above email addresses, and to file proof of such delivery on or before October 30, 2020. The Clerk of Court is directed to terminate the motion at docket entry 16. (Signed by Judge Katherine Polk Failla on 10/16/2020) (jwh)
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| Filing 22 DECLARATION of Robert Taylor in Support re: #16 MOTION to Serve Via Substituted Service.. Document filed by Elephant Entertainment, Inc., Craig Molesphini..(Sakin, Alexander) |
| Filing 21 DECLARATION of Jonathan Ripps in Support re: #16 MOTION to Serve Via Substituted Service.. Document filed by Elephant Entertainment, Inc., Craig Molesphini..(Sakin, Alexander) |
| Filing 20 DECLARATION of Michael Heitzner in Support re: #16 MOTION to Serve Via Substituted Service.. Document filed by Elephant Entertainment, Inc., Craig Molesphini..(Sakin, Alexander) |
| Filing 19 DECLARATION of Craig Molesphini in Support re: #16 MOTION to Serve Via Substituted Service.. Document filed by Elephant Entertainment, Inc., Craig Molesphini. (Attachments: #1 Exhibit Email - April 2019, #2 Exhibit Email - October 2018, #3 Exhibit Operating Agreement).(Sakin, Alexander) |
| Filing 18 DECLARATION of Alexander Sakin in Support re: #16 MOTION to Serve Via Substituted Service.. Document filed by Elephant Entertainment, Inc., Craig Molesphini. (Attachments: #1 Exhibit Trulia.com printout, #2 Exhibit Wayback Machine printout, #3 Exhibit NJDRES Report for NR Financial, #4 Exhibit NJDRES Report for Nue-Trition, #5 Exhibit Twin Light Capital website, #6 Exhibit NJDRES Report for NR Funding, #7 Exhibit VerifyEmailAddress.org printouts).(Sakin, Alexander) |
| Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION to Serve Via Substituted Service. . Document filed by Elephant Entertainment, Inc., Craig Molesphini..(Sakin, Alexander) |
| Filing 16 MOTION to Serve Via Substituted Service. Document filed by Elephant Entertainment, Inc., Craig Molesphini..(Sakin, Alexander) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Nue Resource Financial Corp. served on 9/28/2020, answer due 10/19/2020. Service was accepted by Laura Bryda, Managing Agent. Document filed by Craig Molesphini; Elephant Entertainment, Inc...(Sakin, Alexander) |
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Filing 14
SCHEDULING ORDER: There is currently an initial pretrial conference scheduled in this matter for October 15, 2020. However, no Defendant has yet appeared or been served in this action. Therefore, the Court believes that an initial pretrial conference would be premature at this time. The initial pretrial conference is hereby ADJOURNED to December 10, 2020, at 11:00 a.m. Initial Conference set for 12/10/2020 at 11:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 10/8/2020) (mro)
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| Filing 13 ELECTRONIC SUMMONS ISSUED as to Nue-Trition Weight Management, LLC..(pne) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Nue Resource Funding LLC..(pne) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Nue Resource Financial Corp...(pne) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Anthony Giordano..(pne) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Nue-Trition Weight Management, LLC, re: #5 Amended Complaint,. Document filed by Elephant Entertainment, Inc., Craig Molesphini..(Sakin, Alexander) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Nue Resource Funding LLC, re: #5 Amended Complaint,. Document filed by Elephant Entertainment, Inc., Craig Molesphini..(Sakin, Alexander) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Nue Resource Financial Corp., re: #5 Amended Complaint,. Document filed by Elephant Entertainment, Inc., Craig Molesphini..(Sakin, Alexander) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Anthony Giordano, re: #5 Amended Complaint,. Document filed by Elephant Entertainment, Inc., Craig Molesphini..(Sakin, Alexander) |
| Filing 5 FIRST AMENDED COMPLAINT amending #1 Complaint against Anthony Giordano, Nue Resource Financial Corp., Nue-Trition Weight Management, LLC, Nue Resource Funding LLC with JURY DEMAND.Document filed by Craig Molesphini, Elephant Entertainment, Inc.. Related document: #1 Complaint..(Sakin, Alexander) |
| Filing 4 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/15/2020 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 7/21/2020) (kv) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alexander Sakin. The party information for the following party/parties has been modified: Craig Molesphini; Elephant Entertainment Inc.; Anthony Giordano; Nue Resource Financial Corp.; Nue-Trition Weight Management, LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) |
| Case Designated ECF. (sj) |
| Magistrate Judge Ona T. Wang 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. (sj) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Elephant Entertainment, Inc., Craig Molesphini..(Sakin, Alexander) |
| Filing 2 CIVIL COVER SHEET filed..(Sakin, Alexander) |
| Filing 1 COMPLAINT against Anthony Giordano, Nue Resource Financial Corp.. (Filing Fee $ 400.00, Receipt Number CNYSDC-20687531)Document filed by Craig Molesphini, Elephant Entertainment, Inc...(Sakin, Alexander) |
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