Diamond v. Shiftpixy, Inc. et al
Plaintiff: Jason Diamond
Defendant: Shiftpixy, Inc. and Scott Absher
Case Number: 1:2020cv07305
Filed: September 8, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Lewis J Liman
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 oc
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 5, 2020 Opinion or Order Filing 22 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from Alan L. Frank, Esquire dated November 5, 2020 re: #21 FIRST LETTER MOTION to Stay Discovery Pending Decision on Motion to Dismiss addressed to Judge Lewis J. Liman from Martin E. Karlinsky dated November 3, 2020. . Document filed by Jason Diamond..(Frank, Alan)
November 3, 2020 Opinion or Order Filing 21 FIRST LETTER MOTION to Stay Discovery Pending Decision on Motion to Dismiss addressed to Judge Lewis J. Liman from Martin E. Karlinsky dated November 3, 2020. Document filed by Scott Absher, Shiftpixy, Inc...(Karlinsky, Martin)
November 3, 2020 Opinion or Order Filing 20 PROPOSED CASE MANAGEMENT PLAN. Document filed by Jason Diamond..(Frank, Alan)
October 24, 2020 Opinion or Order Filing 19 FIRST LETTER addressed to Judge Lewis J. Liman from Martin E. Karlinsky dated October 24, 2020 re: Briefing Schedule-Mot. Dismiss. Document filed by Scott Absher, Shiftpixy, Inc...(Karlinsky, Martin)
October 23, 2020 Opinion or Order Filing 18 FIRST MEMORANDUM OF LAW in Support re: #17 FIRST MOTION to Dismiss Complaint. . Document filed by Scott Absher, Shiftpixy, Inc.. (Attachments: #1 Exhibit Investment Banking Agreement, #2 Exhibit Securities Purchase Agreement, #3 Exhibit Executed Warrant, #4 Appendix FINRA Rule).(Karlinsky, Martin)
October 23, 2020 Opinion or Order Filing 17 FIRST MOTION to Dismiss Complaint. Document filed by Scott Absher, Shiftpixy, Inc.. Responses due by 11/6/2020.(Karlinsky, Martin)
October 23, 2020 Opinion or Order Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss Complaint. Document filed by Scott Absher, Shiftpixy, Inc.. Responses due by 11/6/2020 (Attachments: #1 Exhibit Investment Banking Agreement, #2 Exhibit Securities Purchase Agreement, #3 Exhibit Executed Warrant, #4 Appendix FINRA Rule, #5 Memorandum of Law in Support of Motion to Dismiss).(Karlinsky, Martin) Modified on 10/23/2020 (ldi).
October 23, 2020 Opinion or Order Filing 15 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Dismiss Complaint. Document filed by Scott Absher, Shiftpixy, Inc.. Responses due by 11/6/2020 (Attachments: #1 Exhibit Investment Banking Agreement, #2 Exhibit Securities Purchase Agreement).(Karlinsky, Martin) Modified on 10/23/2020 (ldi).
October 23, 2020 Opinion or Order Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss Complaint. Document filed by Scott Absher, Shiftpixy, Inc.. Responses due by 11/6/2020.(Karlinsky, Martin) Modified on 10/23/2020 (ldi).
October 23, 2020 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Martin E Karlinsky to RE-FILE Document #16 FIRST MOTION to Dismiss Complaint. 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, 2020 Opinion or Order Filing 13 NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby: ORDERED that counsel for all parties appear for an Initial Pretrial Conference by TELEPHONE on November 13, 2020, at 11:00 a.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. Initial Conference set for 11/13/2020 at 11:00 AM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 9/17/2020) (va)
September 17, 2020 Opinion or Order Filing 12 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, who are counsel, respectively, to plaintiff Jason Diamond and to defendants ShiftPixy, Inc. and Scott Absher in the above-captioned action, that the time for defendants to answer or move with respect to the complaint herein is extended to and including October 25, 2020. SO ORDERED., Scott Absher answer due 10/25/2020; Shiftpixy, Inc. answer due 10/25/2020. (Signed by Judge Lewis J. Liman on 9/17/2020) (ama)
September 14, 2020 Opinion or Order Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by Scott Absher, Shiftpixy, Inc...(Karlinsky, Martin)
September 12, 2020 Opinion or Order Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. All Defendants. Document filed by Shiftpixy, Inc., Scott Absher..(Karlinsky, Martin)
September 11, 2020 Opinion or Order Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Shiftpixy, Inc...(Karlinsky, Martin)
September 11, 2020 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Martin E Karlinsky on behalf of Scott Absher, Shiftpixy, Inc...(Karlinsky, Martin)
September 11, 2020 Opinion or Order Filing 7 NOTICE OF APPEARANCE by Martin E Karlinsky on behalf of Scott Absher, Shiftpixy, Inc...(Karlinsky, Martin)
September 9, 2020 Opinion or Order Filing 6 ELECTRONIC SUMMONS ISSUED as to Shiftpixy, Inc...(pc)
September 9, 2020 Opinion or Order Filing 5 ELECTRONIC SUMMONS ISSUED as to Scott Absher..(pc)
September 9, 2020 Opinion or Order Magistrate Judge Gabriel W. Gorenstein 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. (pc)
September 9, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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..(pc)
September 9, 2020 Opinion or Order Case Designated ECF. (pc)
September 8, 2020 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Scott Absher, re: #1 Complaint,. Document filed by Jason Diamond..(Frank, Alan)
September 8, 2020 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Shiftpixy, Inc., re: #1 Complaint,. Document filed by Jason Diamond..(Frank, Alan)
September 8, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Frank, Alan)
September 8, 2020 Opinion or Order Filing 1 COMPLAINT against Scott Absher, Shiftpixy, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-21546057)Document filed by Jason Diamond. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L).(Frank, Alan)

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Defendant: Shiftpixy, Inc.
Represented By: Martin E Karlinsky
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Defendant: Scott Absher
Represented By: Martin E Karlinsky
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Plaintiff: Jason Diamond
Represented By: Alan L. Frank
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