Better Holdco, Inc. v. Beeline Loans, Inc.
Plaintiff: Better Holdco, Inc.
Defendant: Beeline Loans, Inc.
Case Number: 1:2020cv08686
Filed: October 19, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: John P Cronan
Referring Judge: Sarah Netburn
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1331 tt Fed. Question: Tort Action
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 24, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 24, 2022 Opinion or Order Filing 230 ORDER granting #228 LETTER MOTION for Leave to File Excess Pages re: Opposition to Motion to Strike. Defendant's request to file a brief in opposition to Plaintiff's motion to strike in excess of 25 pages but not more than 50 pages is granted. SO ORDERED. (Signed by Judge John P. Cronan on 6/24/2022) (jca)
June 24, 2022 Opinion or Order Filing 229 ORDER terminating #226 Letter Motion for Extension of Time; granting #227 Letter Motion for Extension of Time. It is hereby ORDERED that the order at Dkt. No. 225 is amended to provide that: 1. The parties' respective opposition briefs shall be filed on or before July 13, 2022; and 2. The parties' respective reply briefs shall be filed on or before July 27, 2022. The parties are on notice that no further requests for extension of the briefing schedule will be granted absent showing of extraordinary circumstances or good cause. The parties also are reminded that although the parties may extend interim discovery deadlines, including for depositions, under the case management plan and scheduling order, they may only do so within the deadline for fact and expert discovery approved by the Court. Given that the deadline for fact and expert discovery has long passed, the parties may not agree to depose or re-depose any witnesses without first seeking permission from the Court to reopen discovery. SO ORDERED. (Signed by Judge John P. Cronan on 6/24/2022) (tg)
June 24, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 7/13/2022 Replies due by 7/27/2022. (tg)
June 23, 2022 Opinion or Order Filing 228 LETTER MOTION for Leave to File Excess Pages re: Opposition to Motion to Strike addressed to Judge John P. Cronan from Robert Modica dated June 23, 2022. Document filed by Beeline Loans, Inc...(Modica, Robert)
June 23, 2022 Opinion or Order Filing 227 LETTER MOTION for Extension of Time re: Opposition Briefs addressed to Judge John P. Cronan from Robert Modica dated June 23, 2022. Document filed by Beeline Loans, Inc.. (Attachments: #1 Text of Proposed Order Extending Briefing Schedule).(Modica, Robert)
June 23, 2022 Opinion or Order Filing 226 LETTER MOTION for Extension of Time re: Summary Judgment Opposition Papers addressed to Judge John P. Cronan from Anne E. Beaumont dated June 23, 2022. Document filed by Better Holdco, Inc.. (Attachments: #1 Text of Proposed Order Extending Time).(Beaumont, Anne)
June 6, 2022 Opinion or Order Filing 225 ORDER granting #224 Letter Motion for Extension of Time. It is hereby ORDERED that the order at Dkt. No. 176 is amended to provide that: 1.The parties' respective opposition briefs shall be filed on or beforeJune 28, 2022; and 2.The parties' respective reply briefs shall be filed on or before July 19, 2022. SO ORDERED. (Signed by Judge John P. Cronan on 6/6/2022) (jca)
June 6, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 6/28/2022 Replies due by 7/19/2022. (jca)
June 3, 2022 Opinion or Order Filing 224 LETTER MOTION for Extension of Time re: Pending Motions addressed to Judge John P. Cronan from Priyanka Wityk dated June 3, 2022. Document filed by Better Holdco, Inc.. (Attachments: #1 Text of Proposed Order re: Briefing Schedule).(Wityk, Priyanka)
May 10, 2022 Opinion or Order Filing 223 DECLARATION of Robert Modica in Support re: #209 MOTION to Preclude Plaintiff's Expert Stephen Holzen.. Document filed by Beeline Loans, Inc.. (Attachments: #1 Exhibit E (Karl Weisheit Report - REDACTED)).(Modica, Robert)
May 10, 2022 Opinion or Order Filing 222 DECLARATION of Robert Modica in Support re: #205 MOTION for Summary Judgment and Rule 56.1 Statement of Material Facts.. Document filed by Beeline Loans, Inc.. (Attachments: #1 Exhibit B (Better PII Agreement), #2 Exhibit F (Jack Abramowitz Aff.), #3 Exhibit H (Aug. 26, 2020 Corr. from Wilson Sonsini), #4 Exhibit I (Aug. 28, 2020 Corr. from Baker Hostetler), #5 Exhibit X (Joe Garrett Report - REDACTED), #6 Exhibit Y (Karl Weisheit Report - REDACTED)).(Modica, Robert)
May 10, 2022 Opinion or Order Filing 221 ORDER granting #208 Letter Motion to Seal; granting #208 Letter Motion for Leave to File Document. The Court grants Defendant's request to file Exhibits P and W to the Modica Declaration in Support of Beeline's Motion for Summary Judgment and corresponding Exhibit C to the Modica Declaration in Support of Beeline's Motion to Exclude Plaintiff's Expert, under seal. The Court also grants Defendant's request to file Exhibits X and Y to the Modica Declaration in Support of Beeline's Motion for Summary Judgment and corresponding Exhibit E to the Modica Declaration in Support of Beeline's Motion to Exclude Plaintiff's Expert, with redactions. In light of Plaintiff's withdrawal of its confidentiality designations as to Exhibits B, F, H, and I to the Modica Declaration in Support of Beeline's Motion for Summary Judgment, Defendant's request to file these documents under seal is denied and Defendant is directed to re-file these documents publicly on the docket. The Clerk of Court is respectfully directed to close the letter motion pending at Docket 208. SO ORDERED. (Signed by Judge John P. Cronan on 5/10/2022) (jca)
May 9, 2022 Opinion or Order Filing 220 LETTER RESPONSE to Motion addressed to Judge John P. Cronan from Priyanka Wityk dated May 9, 2022 re: #208 LETTER MOTION to Seal addressed to Judge John P. Cronan from Robert Modica dated May 5, 2022. LETTER MOTION for Leave to File Exhibits Under Seal and/or Redactions addressed to Judge John P. Cronan from Robert Modica dated May 5, 2022. . Document filed by Better Holdco, Inc...(Wityk, Priyanka)
May 9, 2022 Opinion or Order Filing 219 ***SELECTED PARTIES***DECLARATION of Anne E. Beaumont in Support re: #192 MOTION to Strike Notice of Motion to Exclude or Strike Expert Opinions.. Document filed by Better Holdco, Inc., Beeline Loans, Inc.. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 6, #4 Exhibit 7, #5 Exhibit 28, #6 Exhibit 30)Motion or Order to File Under Seal: #217 .(Beaumont, Anne)
May 9, 2022 Opinion or Order Filing 218 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #192 MOTION to Strike Notice of Motion to Exclude or Strike Expert Opinions. . Document filed by Better Holdco, Inc., Beeline Loans, Inc.. Motion or Order to File Under Seal: #217 .(Beaumont, Anne)
May 9, 2022 Opinion or Order Filing 217 ORDER: granting #191 Letter Motion to Seal. Plaintiff's request is granted. Plaintiff shall file the unredacted versions of its Memorandum of Law in Support of its Motion to Exclude or Strike and Exhibits 3, 4, 6, 7, and 30 to the Beaumont Declaration under seal. Plaintiff shall refile Exhibit 28 to the Beaumont Declaration, Dkt. 195, under seal. SO ORDERED. (Signed by Judge John P. Cronan on 5/09/2022) (ama)
May 6, 2022 Opinion or Order Filing 216 LETTER addressed to Judge John P. Cronan from Robert Modica dated May 6, 2022 re: Order re: Need to File Under Seal or in Redacted Form (Dkt. No. 203). Document filed by Beeline Loans, Inc...(Modica, Robert)
May 6, 2022 Opinion or Order Filing 215 RULE 56.1 STATEMENT. Document filed by Beeline Loans, Inc...(Modica, Robert)
May 6, 2022 Opinion or Order Filing 214 MEMO ENDORSEMENT on re: #212 Redacted Document filed by Beeline Loans, Inc. ENDORSEMENT: In accordance with 4.B.ii of the Court's Individual Rules and Practices in Civil Cases, by May 9, 2022, Plaintiff shall file a letter explaining the need to file the Exhibits listed in Section I, below, under seal or in redacted form. So ORDERED. (Signed by Judge John P. Cronan on 5/6/2022) (vfr)
May 6, 2022 Opinion or Order Filing 213 ***SELECTED PARTIES***REDACTION to #208 LETTER MOTION to Seal addressed to Judge John P. Cronan from Robert Modica dated May 5, 2022. LETTER MOTION for Leave to File Exhibits Under Seal and/or Redactions addressed to Judge John P. Cronan from Robert Modica dated May 5, 2022., #209 MOTION to Preclude Plaintiff's Expert Stephen Holzen., #207 Declaration in Support of Motion, #210 Memorandum of Law in Support of Motion, #206 Memorandum of Law in Support of Motion,,,,,, #211 Declaration in Support of Motion,, by All Plaintiffs (Attachments: #1 Exhibit B (PII Agreement - FILED UNDER SEAL), #2 Exhibit F (Jack Abramowitz Aff. - FILED UNDER SEAL), #3 Exhibit H (Aug. 26, 2020 Corr. - FILED UNDER SEAL), #4 Exhibit I (Aug. 28, 2020 Corr. - FILED UNDER SEAL), #5 Exhibit P (Conf. Settlement Agreement - FILED UNDER SEAL), #6 Exhibit W (Stephen Holzen Report - FILED UNDER SEAL), #7 Exhibit X (Joe Garrett Report - To Be REDACTED), #8 Exhibit Y (Karl Weisheit Report - To Be REDACTED))Motion or Order to File Under Seal: #208 .(Modica, Robert)
May 6, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Robert Modica to RE-FILE Document #202 MOTION for Summary Judgment Rule 56.1 Statement of Material Facts. Use the event type Rule 56.1 Statement found under the event list Other Answers. (db)
May 5, 2022 Opinion or Order Filing 212 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #213 REDACTION) - ***SELECTED PARTIES***REDACTION to #208 LETTER MOTION to Seal addressed to Judge John P. Cronan from Robert Modica dated May 5, 2022. LETTER MOTION for Leave to File Exhibits Under Seal and/or Redactions addressed to Judge John P. Cronan from Robert Modica dated May 5, 2022., #209 MOTION to Preclude Plaintiff's Expert Stephen Holzen., #207 Declaration in Support of Motion, #210 Memorandum of Law in Support of Motion, #206 Memorandum of Law in Support of Motion,,,,,, #211 Declaration in Support of Motion,, by Beeline Loans, Inc., Better Holdco, Inc. (Attachments: #1 Exhibit B (PII Agreement - FILED UNDER SEAL), #2 Exhibit F (Jack Abramowitz Aff. - FILED UNDER SEAL), #3 Exhibit H (Aug. 26, 2020 Corr. - FILED UNDER SEAL), #4 Exhibit I (Aug. 28, 2020 Corr. - FILED UNDER SEAL), #5 Exhibit P (Conf. Settlement Agreement - FILED UNDER SEAL), #6 Exhibit X (Joe Garrett Report - REDACTED), #7 Exhibit Y (Karl Weisheit Report - REDACTED), #8 Exhibit W (Stephen Holzen Report - FILED UNDER SEAL))Motion or Order to File Under Seal: #208 .(Modica, Robert) Modified on 5/6/2022 (db). As per ecf-error email correspondence received on 5/6/22 @ 12:09pm.
May 5, 2022 Opinion or Order Filing 211 DECLARATION of Robert Modica in Support re: #209 MOTION to Preclude Plaintiff's Expert Stephen Holzen.. Document filed by Beeline Loans, Inc.. (Attachments: #1 Exhibit A (Flynn Zaiger Report), #2 Exhibit B (Joe Caruso Report), #3 Exhibit C (Stephen Holzen Report - FILED UNDER SEAL), #4 Exhibit D (Stephen Holzen Dep. Tr.), #5 Exhibit E (Karl Weisheit Report - REDACTED), #6 Exhibit F (Karl Weisheit Dep. Tr.), #7 Exhibit G (Valuing Intangible Assets), #8 Exhibit H (Guide to Intangible Asset Valuation)).(Modica, Robert)
May 5, 2022 Opinion or Order Filing 210 MEMORANDUM OF LAW in Support re: #209 MOTION to Preclude Plaintiff's Expert Stephen Holzen. . Document filed by Beeline Loans, Inc...(Modica, Robert)
May 5, 2022 Opinion or Order Filing 209 MOTION to Preclude Plaintiff's Expert Stephen Holzen. Document filed by Beeline Loans, Inc...(Modica, Robert)
May 5, 2022 Opinion or Order Filing 208 LETTER MOTION to Seal addressed to Judge John P. Cronan from Robert Modica dated May 5, 2022., LETTER MOTION for Leave to File Exhibits Under Seal and/or Redactions addressed to Judge John P. Cronan from Robert Modica dated May 5, 2022. Document filed by Beeline Loans, Inc.. (Attachments: #1 Exhibit Proposed Redaction of Joe Garrett Report, #2 Exhibit Proposed Redaction of Karl Weisheit Report).(Modica, Robert)
May 5, 2022 Opinion or Order Filing 207 DECLARATION of Robert Modica in Support re: #205 MOTION for Summary Judgment and Rule 56.1 Statement of Material Facts.. Document filed by Beeline Loans, Inc...(Modica, Robert)
May 5, 2022 Opinion or Order Filing 206 MEMORANDUM OF LAW in Support re: #205 MOTION for Summary Judgment and Rule 56.1 Statement of Material Facts. . Document filed by Beeline Loans, Inc.. (Attachments: #1 Exhibit A (Am. Compl.), #2 Exhibit B (PII Agreement - FILED UNDER SEAL), #3 Exhibit C (Jack Abramowitz Dep. Tr.), #4 Exhibit D (Jack Abramowitz Exit Interview Dep. Tr.), #5 Exhibit E (Beeline Answer & First Am. Countercl.), #6 Exhibit F (Jack Abramowitz Aff. - FILED UNDER SEAL), #7 Exhibit G (Jessica Kennedy Dep. Tr.), #8 Exhibit H (Aug. 26, 2020 Corr. - FILED UNDER SEAL), #9 Exhibit I (Aug. 28, 2020 Corr. - FILED UNDER SEAL), #10 Exhibit J (Gregory Ellis Dep. Tr., Vol. II), #11 Exhibit K (Cyle Brodeur Dep. Tr.), #12 Exhibit L (Peter Gonzalez Dep. Tr.), #13 Exhibit M (Rachel Erbaugh Dep. Tr.), #14 Exhibit N (Nick Liuzza Dep. Tr., Vol. II), #15 Exhibit O (Jay Stockwell Dep. Tr., Vol. II), #16 Exhibit P (Conf. Settlement Agreement - FILED UNDER SEAL), #17 Exhibit Q (Summons & Complaint), #18 Exhibit R (Stip. Prelim. Inj.), #19 Exhibit S (Beeline Answer), #20 Exhibit T (Opinion & Order dated Jul. 26, 2021), #21 Exhibit U (Gregory Ellis Dep. Tr., Vol. I), #22 Exhibit V (Nick Liuzza Dep. Tr., Vol. I), #23 Exhibit W (Stephen Holzen Report - FILED UNDER SEAL), #24 Exhibit X (Joe Garrett Report - REDACTED), #25 Exhibit Y (Karl Weisheit Report - REDACTED), #26 Exhibit Z (Adam Doolittle Dep. Tr.), #27 Exhibit AA (Flynn Zaiger Report), #28 Exhibit BB (Jay Stockwell Dep. Tr., Vol. I), #29 Exhibit CC (Joe Caruso Report)).(Modica, Robert)
May 5, 2022 Opinion or Order Filing 205 MOTION for Summary Judgment and Rule 56.1 Statement of Material Facts. Document filed by Beeline Loans, Inc...(Modica, Robert)
May 4, 2022 Opinion or Order Filing 204 ORDER: Accordingly, it is hereby ORDERED that, by May 5, 2022, Defendant shall either seek leave to file its briefs in support of its motion for summary judgment and motion to exclude Plaintiff's expert, Stephen Holzen, under seal or in redacted form, in accordance with paragraph 4.B. of the Court's Individual Rules, or file these documents publicly on the docket. In addition, the Court notes that Defendant's Memorandum of Law in Support of its Motion for Summary Judgment does not include a signature block. Federal Rule of Civil Procedure 11 provides that "[e]very pleading, written motion, and other paper must be signed by at least one attorney of record in the attorneys name," stating the signer's address, e-mail address, and telephone number. Fed. R. Civ. P. 11(a). Rule 11 further provides that [t]he court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's...attention. Thus, Defendant is further ORDERED to promptly file a signed Memorandum of Law in Support of its Motion for Summary Judgment. SO ORDERED. (Signed by Judge John P. Cronan on 5/4/2022) (jca)
May 4, 2022 Opinion or Order Filing 203 ORDER with respect to #191 Letter Motion to Seal. In accordance with 4.B.ii. of the Court's Individual Rules and Practices in Civil Cases, by May 6, 2022, Defendant shall file a letter explaining the need to file the following documents under seal or in redacted form: (i) BEE_00005206, and (ii) the Holzen Report. (Signed by Judge John P. Cronan on 5/4/2022) (ate)
May 4, 2022 Opinion or Order Filing 202 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment Rule 56.1 Statement of Material Facts. Document filed by Beeline Loans, Inc. (Modica, Robert) Modified on 5/6/2022 (db).
May 4, 2022 Opinion or Order Filing 201 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Preclude Plaintiff's Expert Stephen Holzen. Document filed by Beeline Loans, Inc. (Modica, Robert) Modified on 5/6/2022 (db). As per ecf-error email correspondence received on 5/6/22 @ 12:09pm.
May 4, 2022 Opinion or Order Filing 200 FILING ERROR - DEFICIENT DOCKET ENTRY - PRETRIAL MEMORANDUM. Document filed by Beeline Loans, Inc. (Modica, Robert) Modified on 5/6/2022 (db). As per ecf-error email correspondence received on 5/6/22 @ 12:09pm.
May 4, 2022 Opinion or Order Filing 199 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment . Document filed by Beeline Loans, Inc. (Modica, Robert) Modified on 5/6/2022 (db). As per ecf-error email correspondence received on 5/6/22 @ 12:09pm.
May 4, 2022 Opinion or Order Filing 198 FILING ERROR - DEFICIENT DOCKET ENTRY - PRETRIAL MEMORANDUM. Document filed by Beeline Loans, Inc...(Modica, Robert) Modified on 5/6/2022 (db). As per ecf-error email correspondence received on 5/6/22 @ 12:09pm.
May 4, 2022 Opinion or Order Filing 197 FILING ERROR - DEFICIENT DOCKET ENTRY - ***SELECTED PARTIES***PRETRIAL MEMORANDUM. Document filed by Beeline Loans, Inc., Better Holdco, Inc.. (Attachments: #1 Exhibit Exhibits, #2 Exhibit Exhibits)Motion or Order to File Under Seal: .(Modica, Robert) Modified on 5/6/2022 (db). As per ecf-error email correspondence received on 5/6/22 @ 12:09pm.
May 4, 2022 Opinion or Order Filing 196 FILING ERROR - DEFICIENT DOCKET ENTRY - ***SELECTED PARTIES***PRETRIAL MEMORANDUM. Document filed by Beeline Loans, Inc. (Attachments: #1 Exhibit Exhibits)Motion or Order to File Under Seal: .(Modica, Robert) Modified on 5/6/2022 (db). As per ecf-error email correspondence received on 5/6/22 @ 12:09pm.
May 3, 2022 Opinion or Order Filing 195 FILING ERROR - DEFICIENT DOCKET ENTRY - ***SELECTED PARTIES***REDACTION to #194 Declaration in Support of Motion, #191 LETTER MOTION to Seal and Redact addressed to Judge John P. Cronan from Priyanka Wityk dated May 3, 2022. Exhibit 28 to Beaumont Declaration by Better Holdco, Inc., Beeline Loans, Inc.Motion or Order to File Under Seal: #191 .(Beaumont, Anne) Modified on 5/6/2022 (db). As per ecf-error email correspondence received on 5/6/22 @ 12:09pm.
May 3, 2022 Opinion or Order Filing 194 DECLARATION of Anne E. Beaumont in Support re: #192 MOTION to Strike Notice of Motion to Exclude or Strike Expert Opinions.. Document filed by Better Holdco, Inc.. (Attachments: #1 Exhibit 1 (Caruso Expert Report), #2 Exhibit 2 (Caruso Deposition Transcript), #3 Exhibit 3 [REDACTED] (Garrett Expert Report), #4 Exhibit 4 [REDACTED] (Garrett Deposition Transcript), #5 Exhibit 5 (Zaiger Expert Report), #6 Exhibit 6 [REDACTED] (Zaiger Deposition Transcript), #7 Exhibit 7 [REDACTED] (Weisheit Expert Report), #8 Exhibit 8 (Weishet Deposition Transcript), #9 Exhibit 9 (Order on Motion for Extension of Time to Complete Discovery), #10 Exhibit 10 (Order on Motion for Discovery), #11 Exhibit 11 (Beeline Letter Motion to Judge Netburn, dated October 27, 2021), #12 Exhibit 12 (Beeline Letter Motion to Judge Netburn, dated November 15, 2021), #13 Exhibit 13 (PX 180-188), #14 Exhibit 14 (Email from Argyropoulos to Wityk), #15 Exhibit 15 (PX 193: Erbaugh Deposition Transcript), #16 Exhibit 16 (Schnell Expert Report and Exhibits A-I), #17 Exhibit 17 (Carusos CLF File), #18 Exhibit 18 (Email chain from Mason to Wityk), #19 Exhibit 19 (76 late-produced audit logs), #20 Exhibit 20 (Composite chart), #21 Exhibit 21 (Beeline Amended Initial Disclosures), #22 Exhibit 22 (Hongs LinkedIn Profile), #23 Exhibit 23 (Sanchezs LinkedIn Profile), #24 Exhibit 24 (Court Hearing Transcript, dated May 24, 2021), #25 Exhibit 25 (Letter from Modica to Wityk, dated April 1, 2022), #26 Exhibit 26 (Email from Mason to Wityk, dated February 24, 2022), #27 Exhibit 27 (Amended Complaint), #28 Exhibit 28 (FILED UNDER SEAL), #29 Exhibit 29 (Guide to Intangible Asset Valuation), #30 Exhibit 30 [REDACTED] (Holzen Expert Report)).(Beaumont, Anne)
May 3, 2022 Opinion or Order Filing 193 MEMORANDUM OF LAW in Support re: #192 MOTION to Strike Notice of Motion to Exclude or Strike Expert Opinions. [REDACTED]. Document filed by Better Holdco, Inc...(Beaumont, Anne)
May 3, 2022 Opinion or Order Filing 192 MOTION to Strike Notice of Motion to Exclude or Strike Expert Opinions. Document filed by Better Holdco, Inc...(Beaumont, Anne)
May 3, 2022 Opinion or Order Filing 191 LETTER MOTION to Seal and Redact addressed to Judge John P. Cronan from Priyanka Wityk dated May 3, 2022. Document filed by Better Holdco, Inc.. (Attachments: #1 Exhibit Proposed Redacted Memorandum of Law, #2 Exhibit Proposed Redacted Exhibit 3 to Beaumont Declaration, #3 Exhibit Proposed Redacted Exhibit 4 to Beaumont Declaration, #4 Exhibit Proposed Redacted Exhibit 6 to Beaumont Declaration, #5 Exhibit Proposed Redacted Exhibit 7 to Beaumont Declaration, #6 Exhibit Proposed Redacted Exhibit 30 to Beaumont Declaration).(Wityk, Priyanka)
May 3, 2022 Opinion or Order Filing 190 DECLARATION of Priyanka Wityk in Support re: #188 MOTION for Sanctions .. Document filed by Better Holdco, Inc.. (Attachments: #1 Exhibit 1 (Letter from Marina C. Tsatalis to Jessica Kennedy of Beeline, dated August 26, 2020), #2 Exhibit 2 (August 2020 email chain), #3 Exhibit 3 (August 2020 email chain), #4 Exhibit 4 (Letter from Amy J. Traub to Marina C. Tsatalis, dated August 28, 2020), #5 Exhibit 5 (Deposition transcript of Peter Gonzalez, dated August 13, 2021)), #6 Exhibit 6 (Deposition transcript of Rachel Erbaugh, dated April 14, 2021)), #7 Exhibit 7 (Stipulated Preliminary Injunction, dated October 26, 2020), #8 Exhibit 8 (Stipulated Order Regarding Production of Electronically Stored Information, dated January 25, 2021), #9 Exhibit 9 (Declaration of Emanuel Santa-Donato, dated October 19, 2020), #10 Exhibit 10 (Abramowitz affidavit, dated October 9, 2020), #11 Exhibit 11 (Declaration of Adam Doolittle, dated October 19, 2020), #12 Exhibit 12 (Chart of Original Folder Path metadata)), #13 Exhibit 13 (Letter from Better to the Court, dated April 12, 2021), #14 Exhibit 14 (Transcript of April 20, 2021 conference), #15 Exhibit 15 (Chart of Original Folder Path metadata)), #16 Exhibit 16 (Better's First Set of Requests for Admission to Beeline, dated December 3, 2021), #17 Exhibit 17 (Beeline's Combined Response, dated January 24, 2022), #18 Exhibit 18 (Chart of Date Last Modified metadata), #19 Exhibit 19 (Letter from Beeline to the Court, dated March 15, 2022), #20 Exhibit 20 (Deposition transcript of Cyle Brodeur, dated August 4, 2021))).(Beaumont, Anne)
May 3, 2022 Opinion or Order Filing 189 MEMORANDUM OF LAW in Support re: #188 MOTION for Sanctions . . Document filed by Better Holdco, Inc...(Beaumont, Anne)
May 3, 2022 Opinion or Order Filing 188 MOTION for Sanctions . Document filed by Better Holdco, Inc...(Beaumont, Anne)
April 27, 2022 Opinion or Order Filing 187 ORDER granting in part and denying in part #185 Letter Motion for Leave to File Excess Pages. Defendant's request for additional pages for its memorandum of law in support of its motion for summary judgment is granted in part. While Defendant has not provided a basis for filing a 50-page memorandum of law in support of its motion for summary judgment, particularly in light of Defendant's preview of that motion in its March 15, 2022 letter, Dkt. 171, Defendant may file a memorandum of law up to 30 pages. SO ORDERED.. (Signed by Judge John P. Cronan on 4/27/2022) (ks)
April 27, 2022 Opinion or Order Filing 186 ORDER granting #184 Letter Motion for Leave to File Excess Pages. Plaintiff's request is granted. While the Court grants the extension request up to 50 pages, the Court suspects that 40 pages will be more than sufficient to address Plaintiff's arguments for seeking to exclude the opinions of the four rebuttal experts offered by Defendant, as previewed in Plaintiff's letter dated March 18, 2022. See Dkt. 175 at 3-5. SO ORDERED. (Signed by Judge John P. Cronan on 4/27/2022) (jca)
April 27, 2022 Opinion or Order Filing 185 LETTER MOTION for Leave to File Excess Pages re Mem. of Law in Supp. of Mot. for Summ. J. addressed to Judge John P. Cronan from Rob Modica dated April 27, 2022. Document filed by Beeline Loans, Inc...(Modica, Robert)
April 26, 2022 Opinion or Order Filing 184 LETTER MOTION for Leave to File Excess Pages addressed to Judge John P. Cronan from Priyanka Wityk dated April 26, 2022. Document filed by Better Holdco, Inc...(Wityk, Priyanka)
April 21, 2022 Opinion or Order Filing 183 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/7/22 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....(Moya, Goretti)
April 21, 2022 Opinion or Order Filing 182 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/7/2022 before Judge John P. Cronan. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. 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 5/12/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/20/2022..(Moya, Goretti)
April 7, 2022 Opinion or Order Minute Entry for proceedings held before Judge John P. Cronan: In-Person Conference held on April 7, 2022. For the reasons stated on the record, the Court denied any application by Defendant for relief in connection with the video recording of Mr. Abramowitzs exit interview and his case study. The upcoming briefing schedule shall include any motions by the parties to exclude expert testimony, in addition to Defendants motion for summary judgment and Plaintiffs motion for sanctions. As previously set by the Court, lead motions are due May 3, 2022, oppositions are due June 14, 2022, and any replies are due July 5, 2022. (Court Reporter Andrew Walker) (mhe)
April 1, 2022 Opinion or Order Filing 181 MEMO ENDORSEMENT on re: #180 Letter Order dated March 28, 2022 filed by Beeline Loans, Inc. ENDORSEMENT : The parties shall appear for an in-person conference on April 7, 2022 at 3:00 p.m. to discuss the issues raised in Defendant's letter. The conference will be held in Courtroom 12D of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. SO ORDERED., ( Status Conference set for 4/7/2022 at 03:00 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 4/1/22) (yv)
March 30, 2022 Opinion or Order Filing 180 LETTER addressed to Judge John P. Cronan from Robert Modica dated March 30, 2022 re: Order dated March 28, 2022. Document filed by Beeline Loans, Inc...(Modica, Robert)
March 28, 2022 Opinion or Order Filing 179 ORDER: Accordingly, it is hereby ORDERED that, by March 30, 2022, Defendant shall submit a letter advising the Court as to: (1) when Jack Abramowitz's deposition took place; (2) the document request by Defendant that "specifically requested" the case study, Dkt. 177 at 2, including when Defendant served that document request on Plaintiff; (3) any request for production of documents and information by Defendant that cover "the recording of Mr. Abramowitz's exit interview," id., including when Defendant served that document request on Plaintiff; (4) when Defendant realized that the case study and a recording of Mr. Abramowitz's exit interview existed; (5) when Defendant realized that Plaintiff had failed to produce the case study and the recording of Mr. Abramowitz's exit interview; (6) whether Defendant raised these disputes with Judge Netburn during discovery and, if not, an explanation as to why Defendant failed to do so in light of its representation to the Court that Plaintiff's conduct has caused "obvious prejudice" to Defendant; (7) why Defendant did not raise these issues in its pre-motion letter filed on March 15, 2022; and (8) why Defendant waited one week after Plaintiff's pre-motion letter and three days after the Court set a briefing schedule on the parties' respective motions to raise these issues with the Court. Both parties are on notice and strongly advised that the Court will not entertain any frivolous motions or arguments, and the Court will issue sanctions, sua sponte, for any needless waste of the Courts time and resources. SO ORDERED. (Signed by Judge John P. Cronan on 3/28/2022) (jca)
March 28, 2022 Opinion or Order Filing 178 LETTER addressed to Judge John P. Cronan from Priyanka Wityk dated March 28, 2022 re: Beeline's March 25, 2022 letter (Dkt. No. 177). Document filed by Better Holdco, Inc...(Wityk, Priyanka)
March 25, 2022 Opinion or Order Filing 177 LETTER addressed to Judge John P. Cronan from Robert Modica dated March 25, 2022 re: Challenge of Late Submission and Permission to File Motion. Document filed by Beeline Loans, Inc...(Modica, Robert)
March 22, 2022 Opinion or Order Filing 176 MEMO ENDORSEMENT on re: #175 Letter, filed by Better Holdco, Inc. ENDORSEMENT: The parties may proceed with briefing on their respective proposed motions. The parties' respective moving briefs are due by May 3, 2022. The parties' respective opposition briefs are due by June 14, 2022. The parties' respective reply briefs, if any, are due by July 5, 2022. SO ORDERED. (Motions due by 5/3/2022., Responses due by 6/14/2022, Replies due by 7/5/2022.) (Signed by Judge John P. Cronan on 3/22/2022) (jca)
March 18, 2022 Opinion or Order Filing 175 LETTER addressed to Judge John P. Cronan from Priyanka Wityk dated March 18, 2022 re: Response to Beeline's Letter (Dkt. No 171) and Better's Motions to Exclude Expert Opinions and for Sanctions. Document filed by Better Holdco, Inc...(Wityk, Priyanka)
March 17, 2022 Opinion or Order Filing 174 ORDER granting #173 Letter Motion for Leave to File Excess Pages. Plaintiff's request is granted. Plaintiff's response to Defendant's pre-motion letter may be in excess of three pages, but no more than six pages. SO ORDERED. (Signed by Judge John P. Cronan on 3/17/2022) (jca)
March 16, 2022 Opinion or Order Filing 173 LETTER MOTION for Leave to File Excess Pages re: Response to Pre-Motion Letter addressed to Judge John P. Cronan from Priyanka Wityk dated March 16, 2022. Document filed by Better Holdco, Inc...(Wityk, Priyanka)
March 16, 2022 Opinion or Order Filing 172 MEMO ENDORSEMENT on re: #171 Letter filed by Beeline Loans, Inc. ENDORSEMENT: Plaintiff shall respond to Defendant's pre-motion letter by March 18, 2022. SO ORDERED. (Signed by Judge John P. Cronan on 3/16/2022) (jca)
March 15, 2022 Opinion or Order Filing 171 LETTER addressed to Judge John P. Cronan from Robert Modica dated March 15, 2022 re: Pre-Motion Letter. Document filed by Beeline Loans, Inc...(Modica, Robert)
March 15, 2022 Opinion or Order Filing 170 ORDER granting #169 Letter Motion for Leave to File Excess Pages. Defendant's request is granted. Defendant may file a pre-motion letter in excess of three pages, but no more than six pages. SO ORDERED. (Signed by Judge John P. Cronan on 3/15/2022) (jca)
March 14, 2022 Opinion or Order Filing 169 LETTER MOTION for Leave to File Excess Pages re Pre-Motion Letter addressed to Judge John P. Cronan from Robert Modica dated March 14, 2022. Document filed by Beeline Loans, Inc...(Modica, Robert)
February 24, 2022 Opinion or Order Filing 168 NOTICE OF APPEARANCE by Jacob Lee Hirsch on behalf of Better Holdco, Inc...(Hirsch, Jacob)
January 20, 2022 Opinion or Order Filing 167 ORDER granting #166 Letter Motion for Extension of Time. Expert discovery shall be completed by February 28, 2022. No further extensions shall be granted absent a showing of good cause. Any party seeking to file a post-discovery motion must file a pre-motion letter before Judge Cronan no later than March 15, 2022. The parties are further urged to contact Judge Netburn's Courtroom Deputy if a settlement conference would be productive. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
January 19, 2022 Opinion or Order Filing 166 LETTER MOTION for Extension of Time re Expert Discovery addressed to Magistrate Judge Sarah Netburn from Robert Modica and Priyanka Wityk dated January 19, 2022. Document filed by Beeline Loans, Inc...(Modica, Robert)
December 17, 2021 Opinion or Order Filing 165 ORDER granting #164 Letter Motion for Discovery. Plaintiff's request is GRANTED. Better Holdco, Inc. may designate the additional document as "Outside Counsel Only" pursuant to the Amended Protective Order. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
December 17, 2021 Opinion or Order Filing 164 LETTER MOTION for Discovery Re: Designating additional document as "Outside Counsel Only" addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated December 17, 2021. Document filed by Better Holdco, Inc...(Wityk, Priyanka)
December 14, 2021 Opinion or Order Filing 163 ORDER: A conference to discuss the issues raised by Beeline's and Better's letters, ECF Nos. 161, 162, is scheduled for Thursday, December 16, 2021, at 3:00 p.m. At that time the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. If this date is unavailable for any party, they must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. (Telephone Conference set for 12/16/2021 at 03:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 12/14/2021) (ras)
December 9, 2021 Opinion or Order Filing 162 LETTER addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated December 9, 2021 re: the December 8, 2021 letter from counsel for Beeline Loans, Inc., (Dkt. No. 161). Document filed by Better Holdco, Inc...(Wityk, Priyanka)
December 8, 2021 Opinion or Order Filing 161 LETTER addressed to Magistrate Judge Sarah Netburn from Rob Modica, Esq. dated December 8, 2021 re: Order dated November 29, 2021. Document filed by Beeline Loans, Inc...(Modica, Robert)
December 1, 2021 Opinion or Order Filing 160 MEMO ENDORSEMENT denying as moot #102 Motion to Dismiss. ENDORSEMENT: In light of Plaintiff's letter, Plaintiff's motion to dismiss the amended counterclaim is denied as moot. The Clerk of Court is respectfully directed to terminate the motion pending on Dkt. 102. SO ORDERED. (Signed by Judge John P. Cronan on 12/1/2021) (jca)
December 1, 2021 Opinion or Order Filing 159 LETTER addressed to Judge John P. Cronan from Priyanka Wityk dated December 1, 2021 re: (Dkt. No. 156). Document filed by Better Holdco, Inc...(Wityk, Priyanka)
November 29, 2021 Opinion or Order Filing 158 ORDER granting in part and denying in part #153 Letter Motion to Compel. Plaintiff's request is GRANTED in part and DENIED in part. No later than December 8, 2021, Defendant must provide the Court with sworn certification of its compliance with the stipulated preliminary injunction, ECF No. 20. Defendant shall include an explanation of how and why it was still able to access the three documents containing Better Information, and shall certify that it has destroyed those documents. Additionally, given that the stipulated preliminary injunction calls for Defendant's counsel to maintain a secure copy of the Better Information, ECF No. 20 at Para. 4, Defendant must destroy any Better Information remaining on Mr. Abramowitz's account. Defendant shall include confirmation of such in the December 8, 2021 certification. Separately, the parties are ORDERED to meet and confer to discuss whether a settlement conference would be productive. If the parties wish to schedule a settlement conference before motions for summary judgment are due, they must contact Courtroom Deputy Rachel Slusher immediately to propose dates in January 2022 or thereafter. The Court will not adjourn litigation deadlines to accommodate late requests. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
November 24, 2021 Opinion or Order Filing 157 LETTER addressed to Magistrate Judge Sarah Netburn from Robert Modica, esq. dated 11/24/2021 re: Alleged violation of Injunction. Document filed by Beeline Loans, Inc...(Modica, Robert)
November 23, 2021 Opinion or Order Filing 156 ORDER: Accordingly, it is hereby ORDERED that, by December 1, 2021, Plaintiff shall file a letter advising the Court regarding whether it consents to Defendant's withdrawal of the amended counterclaim and, thereby, rendering Plaintiff's motion to dismiss Defendant's amended counterclaim moot. SO ORDERED. (Signed by Judge John P. Cronan on 11/23/2021) (jca)
November 21, 2021 Opinion or Order Filing 155 ORDER granting in part and denying in part #147 Letter Motion for Discovery. Defendant's request that Plaintiff be "admonished" for the late production of the drafts of Mr. Abramowitz's affidavit and the video of Mr. Abramowitz's exit interview is DENIED. Defendant's request that this video be de-designated "Attorneys' Eyes Only" is premature and DENIED without prejudice. The parties are directed to meet and confer regarding this issue. Defendant's request for a thirty-day extension of all expert discovery deadlines is GRANTED. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
November 21, 2021 Opinion or Order Filing 154 ORDER granting #152 Motion to Withdraw as Attorney. Attorney Sherri Anne Jayson terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
November 19, 2021 Opinion or Order Filing 153 LETTER MOTION to Compel Beeline to comply with the stipulated preliminary injunction. addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated November 19, 2021. Document filed by Better Holdco, Inc.. (Attachments: #1 Exhibit A).(Wityk, Priyanka)
November 18, 2021 Opinion or Order Filing 152 MOTION for Sherri A. Jayson to Withdraw as Attorney . Document filed by Beeline Loans, Inc...(Jayson, Sherri)
November 18, 2021 Opinion or Order Filing 151 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Robert Modica dated November 18, 2021 re: #147 LETTER MOTION for Discovery addressed to Magistrate Judge Sarah Netburn from Sherri A. Jayson dated November 15, 2021. . Document filed by Beeline Loans, Inc.. (Attachments: #1 Exhibit Email from Defendant's Expert Witness).(Jayson, Sherri)
November 18, 2021 Opinion or Order Filing 150 LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated November 18, 2021 re: #147 LETTER MOTION for Discovery addressed to Magistrate Judge Sarah Netburn from Sherri A. Jayson dated November 15, 2021. . Document filed by Better Holdco, Inc...(Wityk, Priyanka)
November 17, 2021 Opinion or Order Filing 149 ORDER denying as moot #146 Letter Motion for Local Rule 37.2 Conference. Defendant's letter response, ECF No. 148, states that the audit trails have been produced. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
November 16, 2021 Opinion or Order Filing 148 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Sherri A. Jayson dated November 16, 2021 re: #146 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated November 12, 2021. . Document filed by Beeline Loans, Inc...(Jayson, Sherri)
November 15, 2021 Opinion or Order Filing 147 LETTER MOTION for Discovery addressed to Magistrate Judge Sarah Netburn from Sherri A. Jayson dated November 15, 2021. Document filed by Beeline Loans, Inc.. (Attachments: #1 Exhibit Plaintiff's Response to First RFP, #2 Exhibit Plaintiff's Response to Second RFP).(Jayson, Sherri)
November 12, 2021 Opinion or Order Filing 146 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated November 12, 2021. Document filed by Better Holdco, Inc.. (Attachments: #1 Exhibit A).(Wityk, Priyanka)
November 8, 2021 Opinion or Order Filing 145 ORDER granting #142 Motion for Randall Smith to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
November 8, 2021 Opinion or Order Filing 144 ORDER granting #143 Motion for Stephen Gele to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
November 8, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #142 MOTION for Randall Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25299065. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
November 8, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #143 MOTION for Stephen Gele to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25299145. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
November 5, 2021 Opinion or Order Filing 143 MOTION for Stephen Gele to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25299145. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beeline Loans, Inc.. (Attachments: #1 Affidavit Declaration in Support by Stephen Gele, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Jayson, Sherri)
November 5, 2021 Opinion or Order Filing 142 MOTION for Randall Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25299065. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beeline Loans, Inc.. (Attachments: #1 Affidavit Declaration in Support by Randall Smith, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Jayson, Sherri)
November 4, 2021 Opinion or Order Filing 141 MEMO ENDORSEMENT on re: #138 Letter filed by Better Holdco, Inc.. ENDORSEMENT: The parties' proposed schedule for the depositions of Ali Khan, Nick Liuzza, Neer Ashash, and Jack Abramowitz is adopted. SO ORDERED. ( Deposition due by 11/16/2021.) (Signed by Magistrate Judge Sarah Netburn on 11/4/2021) (kv)
November 4, 2021 Opinion or Order Filing 140 ORDER denying #131 Letter Motion to compel the deposition of Plaintiff's CEO, Vishal Garg. Defendant has not made a showing of Mr. Garg's unique personal knowledge of the facts underlying this case sufficient to require his deposition. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
November 3, 2021 Opinion or Order Filing 139 ORDER: On October 27, 2021, one day before the scheduled deposition of Emanuel Santa-Donato, Defendant moved to adjourn the deposition to a later date before the conclusion of fact discovery. Upon review of the parties' filings, the record before the Court reflects that Plaintiff's counsel has made every effort to make Senior Vice-President Santa-Donato reasonably available for deposition, and that Defendant's counsel was not diligent in securing the date and unduly delayed in his request to the Court. The Court would be well within its discretion to preclude the deposition, but to avoid prejudice to the Defendant, the Court will authorize the deposition, which shall be limited to only three hours. Additionally, Defendant's counsel is ORDERED to pay Plaintiff's counsel for two hours of Attorney Priyanka Wityk's time in compensation for the time expended in responding to the adjournment and rescheduling of the deposition. (Signed by Magistrate Judge Sarah Netburn on 11/3/2021) (ras)
November 1, 2021 Opinion or Order Filing 138 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated November 1, 2021 re: proposed schedule for all depositions. Document filed by Better Holdco, Inc...(Wityk, Priyanka)
October 29, 2021 Opinion or Order Filing 137 DECLARATION of Robert Modica, Esq. in Support re: #133 LETTER MOTION for Extension of Time to Complete Discovery and to adjourn 10/28/21 deposition of Better witness addressed to Magistrate Judge Sarah Netburn from Sherri A. Jayson dated October 27, 2021.. Document filed by Beeline Loans, Inc...(Jayson, Sherri)
October 29, 2021 Opinion or Order Filing 136 DECLARATION of Robert Modica, Esq. in Support re: #133 LETTER MOTION for Extension of Time to Complete Discovery and to adjourn 10/28/21 deposition of Better witness addressed to Magistrate Judge Sarah Netburn from Sherri A. Jayson dated October 27, 2021.. Document filed by Beeline Loans, Inc...(Jayson, Sherri)
October 27, 2021 Opinion or Order Filing 135 ORDER granting in part and denying in part #133 Letter Motion for Extension of Time to Complete Discovery. The deposition of Emanuel Santa-Donato, scheduled for October 28, is adjourned in light of defense counsel's unavailability. By Friday, October 29, 2021, Attorney Modica shall file a sworn declaration describing the emergency conflict that prevents him from conducting Mr. Santa-Donato's deposition. The declaration shall include the nature of the conflict, when it arose, what efforts Attorney Modica undertook to avoid the conflict, and what alternative schedule he previously proposed to Plaintiff's counsel to reschedule the deposition. If the nature of the conflict is sensitive, Attorney Modica may file a limited redacted version on the docket and an unredacted version under seal. Fact discovery is extended to November 17, 2021. If a deposition reveals a particular document(s) that would not have reasonably been requested during document discovery, the party may demand production and such production can occur after November 17. Requests to admit shall be served by December 3, 2021. Expert discovery shall be completed by January 18, 2022, with initial disclosures exchanged on November 24, 2021, and rebuttal reports exchanged on December 23, 2021. The parties are further ORDERED to meet and confer on a schedule for all pending depositions, exclusive of the depositions of Mr. Santa-Donato and Vishal Garg, which shall await further order of the Court. The parties shall submit a proposed schedule for all other pending depositions for Court approval no later than Monday, November 1, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
October 27, 2021 Opinion or Order Filing 134 LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated October 27, 2021 re: #133 LETTER MOTION for Extension of Time to Complete Discovery and to adjourn 10/28/21 deposition of Better witness addressed to Magistrate Judge Sarah Netburn from Sherri A. Jayson dated October 27, 2021. . Document filed by Better Holdco, Inc...(Wityk, Priyanka)
October 27, 2021 Opinion or Order Filing 133 LETTER MOTION for Extension of Time to Complete Discovery and to adjourn 10/28/21 deposition of Better witness addressed to Magistrate Judge Sarah Netburn from Sherri A. Jayson dated October 27, 2021. Document filed by Beeline Loans, Inc...(Jayson, Sherri)
October 26, 2021 Opinion or Order Filing 132 LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated October 26, 2021 re: #131 LETTER MOTION for Discovery in response to the Court's Order dated October 22, 2021 (Doc. 130) addressed to Magistrate Judge Sarah Netburn from Sherri A. Jayson. . Document filed by Better Holdco, Inc...(Wityk, Priyanka)
October 25, 2021 Opinion or Order Filing 131 LETTER MOTION for Discovery in response to the Court's Order dated October 22, 2021 (Doc. 130) addressed to Magistrate Judge Sarah Netburn from Sherri A. Jayson. Document filed by Beeline Loans, Inc...(Jayson, Sherri)
October 22, 2021 Opinion or Order Filing 130 ORDER: Accordingly, Defendant shall file a letter by Monday, October 25, 2021, stating whether it will seek the CEOs deposition. Unless Plaintiff consents to producing its witness, Defendant shall also set forth its basis for seeking this witness's deposition. In such instance, Plaintiff shall file any response by Tuesday, October 26, 2021. Fourth, Defendant's request that the Court overrule Plaintiff's counsel's objection to the deposition question as to what documents the witness reviewed in preparation for their deposition is GRANTED. This is a routine deposition question, and the objection is not proper. Fifth, Plaintiff's request to disallow Defendant's Second Set of Interrogatories and Second Request for Production is DENIED, and Defendant's request to reserve its right to raise issues of non' compliance upon receipt of Plaintiff's responses to the Second Set of Interrogatories and Second Request for Production is GRANTED. Fact discovery has been extended to October 28, 2021, and the requests seek information relevant to other discovery permitted by this Order. So Ordered (Signed by Magistrate Judge Sarah Netburn on 10/22/2021) (js)
October 18, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 10/18/2021. (ras)
October 1, 2021 Opinion or Order Filing 129 ORDER: In light of the upcoming settlement conference, scheduled for October 18, 2021, discovery is STAYED until the settlement conference's conclusion. The Court will address the parties' outstanding discovery disputes, as raised in their jointly filed letter, ECF No. 128, after the settlement conference, if necessary. All discovery deadlines are extended by an additional 14 days: fact discovery shall be completed no later than October 28, 2021, and expert discovery shall be completed no later than December 15, 2021. (Expert Discovery due by 12/15/2021. Fact Discovery due by 10/28/2021.) (Signed by Magistrate Judge Sarah Netburn on 10/1/2021) (ras)
September 30, 2021 Opinion or Order Filing 128 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated September 30, 2021 re: Discovery Disputes. Document filed by Better Holdco, Inc...(Wityk, Priyanka)
September 22, 2021 Opinion or Order Filing 127 SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Monday, October 18, 2021, at 10:00 a.m. In the weeks prior to the conference, the Court will confirm whether the conference will be held telephonically or in person. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Monday, October 11, 2021, by e-mail to Netburn_NYSDChambers@nysd.uscourts.gov. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Settlement Conference set for 10/18/2021 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 9/22/2021) (ras)
September 21, 2021 Opinion or Order Filing 126 NOTICE of Withdrawal of Amended Counterclaim re: #110 Amended Counterclaim. Document filed by Beeline Loans, Inc...(Jayson, Sherri)
September 1, 2021 Opinion or Order Filing 125 ORDER granting #123 Letter Motion for Extension of Time. Two weeks ago, the Court granted Defendant two additional weeks to respond to discovery and indicated that no further extensions would be granted. The Court would be well within its discretion to deny the additional relief requested. Despite its decision to change counsel in the middle of this case, the Defendant must timely comply with its discovery obligations. The Court will, however, extend the deadlines briefly, so as not to prejudice the Plaintiff or the Defendant. Defendant is granted an extension to September 10, 2021, to respond to Plaintiff's Counterclaim discovery demands and to serve a privilege log as to ESI. The Court sua sponte extends the fact discovery deadline to October 14, 2021 and the expert discovery deadline to December 1, 2021, and adjourns the September 1, 2021 status letter to September 30. (See ECF No. 112.) (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
August 31, 2021 Opinion or Order Filing 124 REPLY MEMORANDUM OF LAW in Support re: #102 MOTION to Dismiss Defendant's Counterclaim. . Document filed by Better Holdco, Inc...(Wityk, Priyanka)
August 28, 2021 Opinion or Order Filing 123 LETTER MOTION for Extension of Time to serve responses to counterclaim demands and ESI privilege log addressed to Magistrate Judge Sarah Netburn from Sherri A. Jayson dated August 28, 2021. Document filed by Beeline Loans, Inc...(Jayson, Sherri)
August 25, 2021 Opinion or Order Filing 122 ORDER: On August 23, 2021, the Honorable Sarah Netburn granted Defendant's motion for leave to amend its Counterclaim. Dkt. 120. In light of Plaintiff's letter indicating that it intends to stand by its motion to dismiss should the Amended Counterclaim stand, Dkt. 114, the Court will evaluate the pending motion to dismiss in light of the facts alleged in the Amended Counterclaim. See Pettaway v. Nat'l Recovery Sols., LLC, 955 F.3d 299, 303-04 (2d Cir. 2020). Plaintiff may address any additional arguments specific to the Amended Counterclaim in its forthcoming reply in support of its motion to dismiss. SO ORDERED. (Signed by Judge John P. Cronan on 8/25/2021) (jca)
August 24, 2021 Opinion or Order Filing 121 NOTICE OF APPEARANCE by Sherri Anne Jayson on behalf of Beeline Loans, Inc...(Jayson, Sherri)
August 23, 2021 Opinion or Order Filing 120 MEMO ENDORSEMENT on re: #118 Letter filed by Beeline Loans, Inc. ENDORSEMENT: Pursuant to Rule 15, Defendants' motion for leave to amend its Counterclaim is GRANTED, and the Court accepts the Restated Answer and Amended & Restated Counterclaim filed at ECF No. 110 as the operative pleading. (Signed by Magistrate Judge Sarah Netburn on 8/23/2021) (rro)
August 20, 2021 Opinion or Order Filing 119 LETTER addressed to Judge John P. Cronan from Anne E. Beaumont dated August 20, 2021 re: Letter filed August 19, 2021. Document filed by Better Holdco, Inc...(Beaumont, Anne)
August 19, 2021 Opinion or Order Filing 118 LETTER addressed to Judge John P. Cronan from Robert Modica dated August 19, 2021 re: Letter motion for leave to amend counterclaim. Document filed by Beeline Loans, Inc...(Modica, Robert)
August 19, 2021 Opinion or Order Filing 117 MEMORANDUM OF LAW in Opposition re: #102 MOTION to Dismiss Defendant's Counterclaim. . Document filed by Beeline Loans, Inc...(Modica, Robert)
August 19, 2021 Opinion or Order Filing 116 ORDER granting #115 Letter Motion for Extension of Time. Given the unusual circumstances, Beeline's request for a two-week extension to comply with its discovery obligations is GRANTED. No further extensions will be granted, absent good cause. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
August 18, 2021 Opinion or Order Filing 115 LETTER MOTION for Extension of Time to comply with court order addressed to Magistrate Judge Sarah Netburn from Robert Modica dated August 18, 2021. Document filed by Beeline Loans, Inc...(Modica, Robert)
August 18, 2021 Opinion or Order Filing 114 LETTER addressed to Magistrate Judge Sarah Netburn from Robert Modica dated August 18, 2021 re: Response to an Order issued by the Court. Document filed by Beeline Loans, Inc...(Modica, Robert)
August 15, 2021 Opinion or Order Filing 113 ORDER deferring ruling on #102 Motion to Dismiss. On June 16, 2021, Beeline filed an Answer and Counterclaim. Following letter briefing, Judge Cronan authorized Better to move to dismiss the Counterclaim and set a briefing schedule. Better filed its motion on August 2, pursuant to Judge Cronan's schedule. Beeline's opposition brief is due August 16. On Saturday, August 14, Beeline filed an Amended Answer and Counterclaim. Beeline did not seek leave to amend its counterclaim during the pre-motion letter briefing or at any subsequent time. The parties are ORDERED to meet and confer to discuss (1) whether Better will consent to the filing of the Amended Answer and Counterclaim or challenge it, and if the Amended Answer and Counterclaim will stand, (2) whether Better wishes to (i) file an Answer, (ii) file a revised motion to dismiss, or (iii) stand by its August 2 motion to dismiss. The parties shall file a joint letter responding to this Order by August 18, 2021. To the extent motion practice is contemplated, the parties should propose a reasonable schedule. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
August 15, 2021 Opinion or Order Filing 112 ORDER granting #106 Letter Motion for Extension of Time to Complete Discovery. The deadline to complete fact discovery is extended to September 30, 2021. Beeline shall respond to Better's Counterclaim discovery by August 30, 2021. The depositions of Beeline's CFO Peter Gonzalez and its CEO Nick Liuzza are adjourned pending Beeline's discovery responses. The parties shall file a discovery status letter by September 1, 2021, identifying all outstanding discovery disputes. All other existing deadlines are extended by 40 days. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
August 15, 2021 Opinion or Order Filing 111 ORDER granting in part and denying in part #105 Letter Motion. On August 9, 2021, Better filed an omnibus letter seeking certain discovery. Beeline has not responded. Accordingly, by August 18, Beeline is ordered to (1) comply with the Court's June 29 Order as set forth in Better's letter; (2) produce documents designated as Outside Counsel Only or Attorney's Eyes Only in unredacted form, or submit a privilege log; (3) produce the three categories of documents identified in Better's paragraph concerning substantial document production; and (4) provide documents and responses to Better's Third Request for Production. Better's request for discovery on discovery is DENIED. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
August 14, 2021 Opinion or Order Filing 110 FIRST AMENDED COUNTERCLAIM amending #35 Amended Complaint against Better Holdco, Inc..Document filed by Beeline Loans, Inc.. Related document: #35 Amended Complaint..(Modica, Robert)
August 14, 2021 Opinion or Order Filing 109 NOTICE OF CHANGE OF ADDRESS by Robert Modica, Jr on behalf of Beeline Loans, Inc.. New Address: Coffey Modica O'Meara, LLP, 200 East Post Road, Suite 210, White Plains, NY, 10601, 2128274501..(Modica, Robert)
August 13, 2021 Opinion or Order Filing 108 ORDER GRANTING WITHDRAWAL OF APPEARANCE OF TINA C. MA OF TYSON & MENDES LLP: In accordance with Local Civil Rule 1.4, and upon consideration of the annexed declaration, Tina C. Ma is hereby withdrawn as counsel for Defendant Beeline Loans, Inc. (Attorney Tina C. Ma terminated.) (Signed by Magistrate Judge Sarah Netburn on 8/13/2021) (ras)
August 12, 2021 Opinion or Order Filing 107 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Beeline Loans, Inc...(Ma, Tina)
August 12, 2021 Opinion or Order Filing 106 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated August 12, 2021. Document filed by Better Holdco, Inc.. (Attachments: #1 Text of Proposed Order Proposed Third Amended Civil Case Management Plan).(Wityk, Priyanka)
August 9, 2021 Opinion or Order Filing 105 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated August 9, 2021. Document filed by Better Holdco, Inc...(Wityk, Priyanka)
August 2, 2021 Opinion or Order Filing 104 LETTER addressed to Judge John P. Cronan from Priyanka Wityk dated August 2, 2021 re: request for oral argument. Document filed by Better Holdco, Inc...(Wityk, Priyanka)
August 2, 2021 Opinion or Order Filing 103 MEMORANDUM OF LAW in Support re: #102 MOTION to Dismiss Defendant's Counterclaim. . Document filed by Better Holdco, Inc...(Wityk, Priyanka)
August 2, 2021 Opinion or Order Filing 102 MOTION to Dismiss Defendant's Counterclaim. Document filed by Better Holdco, Inc...(Wityk, Priyanka)
August 2, 2021 Opinion or Order Filing 101 AMENDED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...(See document.) SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 8/2/2021) (ras)
July 28, 2021 Opinion or Order Filing 100 ORDER granting #96 LETTER MOTION for Leave to File a Motion to Dismiss. The Court is in receipt of Better's letter-motion seeking leave to file a motion to dismiss Beeline's counterclaim for tortious interference with prospective economic relations, Dkt. 96, and Beeline's response, Dkt. 98. Better shall file its motion by August 2, 2021, Beeline shall file its opposition by August 16, 2021, and Better shall file its reply by August 23, 2021. SO ORDERED. (Signed by Judge John P. Cronan on 7/28/2021) (jca)
July 28, 2021 Opinion or Order Filing 99 LETTER MOTION for Discovery re: Clarification concerning the Courts July 19, 2021 order addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated July 28, 2021. Document filed by Better Holdco, Inc.. (Attachments: #1 Proposed amended protective order, #2 Redline of amended protective order and original order).(Wityk, Priyanka)
July 28, 2021 Opinion or Order Set/Reset Deadlines: Motions due by 8/2/2021. Responses due by 8/16/2021, Replies due by 8/23/2021. (jca)
July 26, 2021 Opinion or Order Filing 98 LETTER RESPONSE to Motion addressed to Judge John P. Cronan from Tina Ma dated 7/26/2021 re: #96 LETTER MOTION for Leave to File a Motion to Dismiss addressed to Judge John P. Cronan from Priyanka Wityk dated July 21, 2021. . Document filed by Beeline Loans, Inc...(Ma, Tina)
July 26, 2021 Opinion or Order Filing 97 OPINION AND ORDER re: #48 MOTION to Dismiss Count V of Plaintiff's Amended Complaint. filed by Beeline Loans, Inc.. Accordingly, for the aforementioned reasons, Count V of the Amended Complaint is dismissed. The Clerk of the Court is respectfully directed to terminate the motion pending at Docket Number 48. (Signed by Judge John P. Cronan on 7/26/2021) (nb)
July 21, 2021 Opinion or Order Filing 96 LETTER MOTION for Leave to File a Motion to Dismiss addressed to Judge John P. Cronan from Priyanka Wityk dated July 21, 2021. Document filed by Better Holdco, Inc...(Wityk, Priyanka)
July 19, 2021 Opinion or Order Filing 95 ORDER: The parties appeared before the Court on July 19, 2021, to discuss Better's request to mark 10 documents for "outside counsel's eyes only." As discussed at the conference, Better may mark these documents with this designation, but the documents must be unredacted. If necessary, Beeline may renew its application to remove this heightened level of protection upon a showing that it impedes its ability to defend against the Plaintiff's claims. (Signed by Magistrate Judge Sarah Netburn on 7/19/2021) (ras)
July 16, 2021 Opinion or Order Filing 94 ORDER granting #90 Letter Motion for Discovery. A telephonic discovery conference is scheduled for July 19, 2021, at 11:00 a.m., to discuss the Plaintiff's motion to amend the protective order. Plaintiff should be prepared to provide the Court with a more particularized description of the types of documents that are responsive to Defendant's discovery requests and would require heightened protection. At the appointed time, the parties shall dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
July 16, 2021 Opinion or Order Set/Reset Hearings: Discovery Hearing set for 7/19/2021 at 11:00 AM before Magistrate Judge Sarah Netburn. (ras)
July 8, 2021 Opinion or Order Filing 93 LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Tina C. Ma dated 7/8/2021 re: #90 LETTER MOTION for Discovery re: Amending Confidentiality Order addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated July 2, 2021. . Document filed by Beeline Loans, Inc...(Ma, Tina)
July 6, 2021 Opinion or Order Filing 92 ORDER granting #91 Letter Motion for Extension of Time to File Response/Reply. Better shall answer or otherwise respond to Beeline's counterclaim Complaint no later than July 21, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
July 2, 2021 Opinion or Order Filing 91 LETTER MOTION for Extension of Time to File Response/Reply as to #85 Answer to Amended Complaint, Counterclaim addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated July 2, 2021. Document filed by Better Holdco, Inc...(Wityk, Priyanka)
July 2, 2021 Opinion or Order Filing 90 LETTER MOTION for Discovery re: Amending Confidentiality Order addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated July 2, 2021. Document filed by Better Holdco, Inc.. (Attachments: #1 Text of Proposed Order, #2 Redline Stipulated Protective Order).(Wityk, Priyanka)
June 29, 2021 Opinion or Order Filing 89 ORDER granting in part and denying in part #82 Letter Motion. Having reviewed the parties' letters, Plaintiff's motion is GRANTED IN PART and DENIED IN PART. Requests 2, 3 and 4 are DENIED, and Beeline is not required to produce evidence of net profits, gross profits, or operational cash flow. The Court has previously ordered Beeline to produce revenues, and there has been no showing that that evidence is inadequate. Request 5 is GRANTED, and Beeline is ordered to produce evidence of daily website traffic. This request for production is sufficiently related to the allegations of misappropriated marketing and online advertising materials and is therefore relevant. Finally, Beeline is ordered to produce all documents that are contained in electronic communications as a hyperlink. The Court does not read Nichols v. Noom to stand for the proposition that hyperlinked documents are never discoverable; rather Judge Parker concluded that where documents that might be traditionally attached (and therefore constitute part of the family of communication) are instead attached by way of hyperlink, they should be produced. The parties are ordered to review all electronic communications that contain hyperlinked files and identify all hyperlinks to relevant (or likely relevant) documents and produce the hyperlinked document in a manner than confirms its parent email. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
June 18, 2021 Opinion or Order Filing 88 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Tina C. Ma dated 6/18/2021 re: #82 LETTER MOTION for Conference concerning discovery disputes addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated June 15, 2021. . Document filed by Beeline Loans, Inc...(Ma, Tina)
June 17, 2021 Opinion or Order Filing 87 LETTER addressed to Judge John P. Cronan from Priyanka Wityk dated June 17, 2021 re: Response to the letter from defendant Beeline Loans, Inc dated June 17, 2021. Document filed by Better Holdco, Inc...(Wityk, Priyanka)
June 17, 2021 Opinion or Order Filing 86 LETTER addressed to Judge John P. Cronan from Tina C. Ma dated 6/17/2021 re: Partial Motion to Dismiss. Document filed by Beeline Loans, Inc...(Ma, Tina)
June 16, 2021 Opinion or Order Filing 85 ANSWER to #35 Amended Complaint with JURY DEMAND., COUNTERCLAIM against Better Holdco, Inc.. Document filed by Beeline Loans, Inc...(Ma, Tina)
June 16, 2021 Opinion or Order Filing 84 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/24/21 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....(McGuirk, Kelly)
June 16, 2021 Opinion or Order Filing 83 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/24/2021 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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 7/7/2021. Redacted Transcript Deadline set for 7/19/2021. Release of Transcript Restriction set for 9/14/2021..(McGuirk, Kelly)
June 15, 2021 Opinion or Order Filing 82 LETTER MOTION for Conference concerning discovery disputes addressed to Magistrate Judge Sarah Netburn from Priyanka Wityk dated June 15, 2021. Document filed by Better Holdco, Inc.. (Attachments: #1 Exhibit Exhibit A).(Wityk, Priyanka)
June 4, 2021 Opinion or Order Filing 81 ORDER: On Tuesday, May 11, 2021, the Honorable John P. Cronan assigned this matter to my docket for general pretrial supervision. In light of the Court's busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. The parties are directed to contact Courtroom Deputy Rachel Slusher by email at Rachel_Slusher@nysd.uscourts.gov with three (3) mutually convenient dates, to schedule a settlement conference for a time when they believe it would be productive. The parties should assume that the settlement conference will be conducted by telephone using a platform that will allow the Court to hold confidential conversations with counsel and the party representative(s) for each side. (Signed by Magistrate Judge Sarah Netburn on 6/4/2021) (ras)
June 3, 2021 Opinion or Order Filing 80 LETTER addressed to Magistrate Judge Sarah Netburn from Robert Modica dated 6/3/2021 re: Settlement Conference. Document filed by Beeline Loans, Inc...(Ma, Tina)
May 24, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Discovery Hearing held on 5/24/2021. (ras)
May 24, 2021 Opinion or Order Filing 79 ORDER denying in part #67 Letter Motion for Discovery. Plaintiff is permitted to depose Jess Kennedy, Beeline's in-house counsel. Questions shall be limited to Abramowitz's hiring and Beeline's possession, use or access to "Better Information," but excluding questions regarding Beeline's pre-litigation investigation into the alleged misappropriation of Plaintiff's information. Defendant must also submit a revised Rule 26(a) disclosure as soon as possible. Separately, Plaintiff must produce damages discovery by June 15, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
May 24, 2021 Opinion or Order Filing 78 ORDER granting #64 Letter Motion to quash the non-party subpoena of Richard Corvinus of TransPerfect Legal Solutions. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
May 18, 2021 Opinion or Order Filing 77 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/20/21 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....(McGuirk, Kelly)
May 18, 2021 Opinion or Order Filing 76 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/20/2021 before Judge John P. Cronan. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. 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 6/8/2021. Redacted Transcript Deadline set for 6/18/2021. Release of Transcript Restriction set for 8/16/2021..(McGuirk, Kelly)
May 17, 2021 Opinion or Order Filing 75 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Tina C. Ma dated May 17, 2021 re: #72 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John P. Cronan from Priyanka Wityk dated May 10, 2021. . Document filed by Beeline Loans, Inc...(Ma, Tina)
May 11, 2021 Opinion or Order Filing 74 ORDER granting #72 Letter Motion for Local Rule 37.2 Conference. On May 11, 2021, the Honorable John P. Cronan referred this matter to my docket for general pretrial supervision. Accordingly, a telephonic discovery conference is scheduled for May 24, 2021, at 2:30 p.m. to discuss the Plaintiff's pending discovery motion. At that time the parties should dial the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. The Defendant shall file any response to the motion no later than May 17, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
May 11, 2021 Opinion or Order Filing 73 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). Referred to Magistrate Judge Sarah Netburn. (Signed by Judge John P. Cronan on 5/11/2021) (rjm)
May 10, 2021 Opinion or Order Filing 72 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John P. Cronan from Priyanka Wityk dated May 10, 2021. Document filed by Better Holdco, Inc...(Wityk, Priyanka)
May 10, 2021 Opinion or Order Filing 71 LETTER RESPONSE to Motion addressed to Judge John P. Cronan from Priyanka Wityk dated May 10, 2021 re: #67 LETTER MOTION for Discovery addressed to Judge John P. Cronan from Tina C. Ma dated May 5, 2021. . Document filed by Better Holdco, Inc...(Wityk, Priyanka)
May 10, 2021 Opinion or Order Filing 70 SECOND AMENDED 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). All fact discovery shall be complete no later than August 20, 2021. Depositions shall be completed by August 20, 2021. All expert discovery, including expert depositions, shall be completed no later than October 8, 2021. All discovery must be completed by October 8, 2021. The parties shall be ready for trial on November 30, 2021. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is five (5) days. The parties shall file a joint status letter by October 15, 2021, and as previously and further set forth in this Second Amended Civil Case Management Plan and Scheduling Order. So ordered. Granting #69 LETTER MOTION for Extension of Time addressed to Judge John P. Cronan from Priyanka Wityk dated May 7, 2021. Document filed by Better Holdco, Inc. (Deposition due by 10/8/2021. Discovery due by 10/8/2021. Ready for Trial by 11/30/2021). (Signed by Judge John P. Cronan on 5/10/2021) (rjm)
May 10, 2021 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 10/8/2021. Fact Discovery due by 8/20/2021. (rjm)
May 7, 2021 Opinion or Order Filing 69 LETTER MOTION for Extension of Time addressed to Judge John P. Cronan from Priyanka Wityk dated May 7, 2021. Document filed by Better Holdco, Inc.. (Attachments: #1 Proposed Order).(Wityk, Priyanka)
May 7, 2021 Opinion or Order Filing 68 ORDER. The Court orders Beeline to provide the unredacted documents to Better's outside counsel of record only. Better's outside counsel may not share unredacted versions of these documents with any individual beyond those outlined in paragraph 10(a) of their Stipulated Protective Order, i.e., "outside counsel of record for the parties, including any person employed by such counsel and assigned specifically to work on this action." Dkt. 45 paragraph 10(a). Nor may outside counsel discuss the contents of the redactions with others outside the scope of paragraph 10(a). However, if after reviewing the unredacted documents, Better's outside counsel believes that its inside counsel or any of the other individuals in paragraph 10 of the Stipulated Protective Order should be permitted to view these documents in their full form, it may petition the Court for permission to share these documents. SO ORDERED. (Signed by Judge John P. Cronan on 5/7/2021) (rjm)
May 5, 2021 Opinion or Order Filing 67 LETTER MOTION for Discovery addressed to Judge John P. Cronan from Tina C. Ma dated May 5, 2021. Document filed by Beeline Loans, Inc...(Ma, Tina)
May 4, 2021 Opinion or Order Filing 66 LETTER RESPONSE to Motion addressed to Judge John P. Cronan from Priyanka Wityk dated May 4, 2021 re: #64 LETTER MOTION for Leave to File Motion to Quash Subpoena and/or Issue Protective Order addressed to Judge John P. Cronan from Tina C. Ma dated April 29, 2021. . Document filed by Better Holdco, Inc...(Wityk, Priyanka)
May 4, 2021 Opinion or Order Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on May 4, 2021. The Court held an ex parte conference with Defendant to discuss proposed redactions. The transcript shall remain sealed until further order of the Court. (Court reporter Lisa Franko). (mhe)
April 30, 2021 Opinion or Order Filing 65 ORDER: On April 20, 2021, the Court held a conference pursuant to Local Rule 37.2 to discuss several issues, including Plaintiff's contention that Defendant improperly redacted numerous documents on the basis of confidentiality. See Dkts. 61, 62, 63. During that conference, the Court ordered Defendant to provide the documents at issue for in camera review. The Court has reviewed the proposed redactions, and will have a conference with Defendant, ex parte and under seal, to explain the basis for certain proposed redactions. Although Defendant should be prepared to discuss all proposed redactions, the Court intends to focus on the following documents: BEE_00000613, BEE_00000647, and BEE_00001388. The conference will take place on May 4, 2021 at 11:00 a.m. Defendant shall provide the Court with a dial-in via email by close of business on May 3, 2021. Additionally, in the event that Defendant wishes to make any written submission in advance of the conference, it should email that submission to CronanNYSDChambers@nysd.uscourts.gov by close of business on May 3, 2021. SO ORDERED. (Telephone Conference set for 5/4/2021 at 11:00 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 4/30/2021) (rjm) Modified on 5/3/2021 (rjm).
April 29, 2021 Opinion or Order Filing 64 LETTER MOTION for Leave to File Motion to Quash Subpoena and/or Issue Protective Order addressed to Judge John P. Cronan from Tina C. Ma dated April 29, 2021. Document filed by Beeline Loans, Inc.. (Attachments: #1 Exhibit Non-Party Subpoena, #2 Exhibit Corvinus Certification).(Ma, Tina)
April 15, 2021 Opinion or Order Filing 63 ORDER granting #61 Letter Motion for Local Rule 37.2 Conference The parties shall appear for a teleconference in this matter on April 20, 2021 at 11:30 a.m. At the scheduled time, counsel for all parties should call (866) 434- 5269, access code 9176261. The parties are directed to continue their discussions co cerning these issues in an attempt to resolve them prior to the conference. So Ordered. Telephone Conference set for 4/20/2021 at 11:30 AM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 4/14/2021) (js)
April 13, 2021 Opinion or Order Filing 62 LETTER RESPONSE in Opposition to Motion addressed to Judge John P. Cronan from TINA C. MA dated April 13, 2021 re: #61 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John P. Cronan from Priyanka Wityk dated April 12, 2021. . Document filed by Beeline Loans, Inc...(Ma, Tina)
April 12, 2021 Opinion or Order Filing 61 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John P. Cronan from Priyanka Wityk dated April 12, 2021. Document filed by Better Holdco, Inc...(Wityk, Priyanka)
April 12, 2021 Opinion or Order Filing 60 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #61) - LETTER addressed to Judge John P. Cronan from Priyanka Wityk dated April 12, 2021 re: Discovery Disputes. Document filed by Better Holdco, Inc.(Wityk, Priyanka) Modified on 4/12/2021 (ldi).
March 15, 2021 Opinion or Order Filing 59 AMENDED 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. 6 6(c). The parties are free to withhold consent without adverse substantive consequences. Settlement discussions have not taken place. The parties have conferred pursuant to Rule 26 (f) of the Federal Rules of Civil Procedure. Amended pleading may not be filed and additional parties may not be joined except with leave of the Court. All counsel must convene to discuss settlement within fourteen (14) days following the close of fact discovery. The parties shall be ready for trial on August 23, 2021. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial. The next Case Management Conference is scheduled for is five (5) days. The next Case Management Conference is scheduled for N/A. The parties shall submit a joint status letter by July 16, 2021. This Order may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as provided in paragraphs 6(d) and 7(e)) shall be made in a written application in accordance with Court's Individual Practices and shall be made no less than two (2) business days prior to the expiration of the date sought to be extended. So Ordered Expert Deposition due by 7/9/2021. Depositions 5/21/2021. Fact Discovery due by 5/21/2021. Expert Discovery due by 7/9/2021. Discovery due by 7/9/2021. Ready for Trial by 8/23/2021. (Signed by Judge John P. Cronan on 3/15/2021) (js)
March 10, 2021 Opinion or Order Filing 58 ORDER GRANTING WITHDRAWAL OF APPEARANCES OF AMY TRAUB, JOHN SIEGAL, SAIMA SHEIKH, TIFFANY MIAO, AND ERIC HIATT. In accordance with Local Civil Rule 1.4, and upon consideration of the annexed declarations, Amy Traub, John Siegal, Saima Sheikh, Tiffany Miao, and Eric Hiatt, of Baker & Hostetler LLP, are hereby withdrawn as counsel for Defendant Beeline Loans, Inc. SO ORDERED. re: #57 Proposed Order for Withdrawal of Attorney filed by Beeline Loans, Inc. (Attorney Saima Zuberi Sheikh; John Siegal; Amy Joy Traub; Eric Brandon Hiatt and Tiffany Anna Miao terminated.) (Signed by Judge John P. Cronan on 3/10/2021) (rjm)
March 10, 2021 Opinion or Order Filing 57 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Beeline Loans, Inc...(Hiatt, Eric)
March 4, 2021 Opinion or Order Filing 56 ORDER: The Court is in receipt of Defendant's letter-motion requesting an extension of time to complete discovery and referral for a settlement conference. (Dkt. 55.) It is hereby ORDERED that the parties shall appear for a teleconference in this matter on March 11, 2021 at 11:00 a.m. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. SO ORDERED. (Telephone Conference set for 3/11/2021 at 11:00 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 3/4/2021) (rjm)
March 3, 2021 Opinion or Order Filing 55 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John P. Cronan from Robert Modica dated March 3. 2021. Document filed by Beeline Loans, Inc.. (Attachments: #1 Text of Proposed Order Proposed amended civil case management plan and scheduling order).(Modica, Robert)
February 26, 2021 Opinion or Order Filing 54 REPLY MEMORANDUM OF LAW in Support re: #48 MOTION to Dismiss Count V of Plaintiff's Amended Complaint. . Document filed by Beeline Loans, Inc...(Hiatt, Eric)
February 19, 2021 Opinion or Order Filing 53 MEMORANDUM OF LAW in Opposition re: #48 MOTION to Dismiss Count V of Plaintiff's Amended Complaint. . Document filed by Better Holdco, Inc...(Wityk, Priyanka)
February 11, 2021 Opinion or Order Filing 52 NOTICE OF APPEARANCE by Tina C. Ma on behalf of Beeline Loans, Inc...(Ma, Tina)
February 11, 2021 Opinion or Order Filing 51 NOTICE OF APPEARANCE by Robert Modica, Jr on behalf of Beeline Loans, Inc...(Modica, Robert)
February 5, 2021 Opinion or Order Filing 50 DECLARATION of Eric B. Hiatt in Support re: #48 MOTION to Dismiss Count V of Plaintiff's Amended Complaint.. Document filed by Beeline Loans, Inc.. (Attachments: #1 Exhibit A-October 9, 2020 Affidavit of Jack Abramowitz).(Hiatt, Eric)
February 5, 2021 Opinion or Order Filing 49 MEMORANDUM OF LAW in Support re: #48 MOTION to Dismiss Count V of Plaintiff's Amended Complaint. . Document filed by Beeline Loans, Inc...(Siegal, John)
February 5, 2021 Opinion or Order Filing 48 MOTION to Dismiss Count V of Plaintiff's Amended Complaint. Document filed by Beeline Loans, Inc...(Siegal, John)
February 4, 2021 Opinion or Order Filing 47 LETTER addressed to Judge John P. Cronan from Priyanka Wityk dated February 4, 2021 re: withdrawal of Proposed Order to Show Cause. Document filed by Better Holdco, Inc...(Wityk, Priyanka)
January 25, 2021 Opinion or Order Filing 46 STIPULATED ORDER REGARDING PRODUCTION OF ELECTRONICALLY STORED INFORMATION: The Court having found that good cause exists for issuance of an appropriately tailored discovery order governing the production of documents and data, including electronically stored information ("ESI"), in the above-captioned action, and the parties having stipulated to the following provisions, it is hereby ORDERED that any person subject to this Orderincluding without limitation the parties to this action (the Parties, and each, a "Party"), their attorneys, representatives, agents, experts and consultants, acting as such, all third parties providing discovery in this action, and all other interested persons with actual or constructive notice of this Order shall adhere to the following terms: This Stipulated Discovery Order shall govern all Parties to these proceedings, whether they are currently involved or become involved in the future. The Parties and the Court recognize that this Stipulated Discovery Order is based on facts and circumstances as they are currently known to each Party, that the discovery process is iterative, and that additions and modifications to this Stipulated Discovery Order may become necessary as more information becomes known to the Parties. Nothing in this Stipulated Discovery Order will be interpreted to require disclosure of documents or information protected from disclosure by the attorney-client privilege, work-product doctrine, or any other applicable privilege or immunity. All Parties preserve such privileges and there is no intent through either this Stipulated Discovery Order or the production of documents or information hereunder to waive or weaken such privileges. All other provisions as further set forth in this order. (Signed by Judge John P. Cronan on 1/25/2021) (js)
January 25, 2021 Opinion or Order Filing 45 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... So Ordered. (Signed by Judge John P. Cronan on 1/25/2021) (js)
January 22, 2021 Opinion or Order Filing 44 PROPOSED STIPULATION AND ORDER. Document filed by Better Holdco, Inc...(Beaumont, Anne)
January 22, 2021 Opinion or Order Filing 43 PROPOSED PROTECTIVE ORDER. Document filed by Better Holdco, Inc...(Beaumont, Anne)
January 21, 2021 Opinion or Order Filing 42 ORDER granting #40 Letter Motion for Leave to File Document: Upon reviewing the parties' letters, the Court finds that a pre-motion conference is not necessary, and that Defendant may proceed in filing the Motion to Dismiss. Defendant's motion papers are due by February 5, 2021. Plaintiff's opposition papers are due by February 19, 2021. Defendant's reply papers, if any, are due February 26, 2021, and as further set forth in this order. The Clerk of the Court is respectfully directed to terminate the motion pending at docket number 40.. (Signed by Judge John P. Cronan on 1/21/2021) (jwh)
January 21, 2021 Opinion or Order Set/Reset Deadlines: Motions due by 2/5/2021. Responses due by 2/19/2021. Replies due by 2/26/2021. (jwh)
January 20, 2021 Opinion or Order Filing 41 LETTER addressed to Judge John P. Cronan from Priyanka Wityk dated January 20, 2021 re: Filing a Motion to Dismiss. Document filed by Better Holdco, Inc...(Wityk, Priyanka)
January 14, 2021 Opinion or Order Filing 40 LETTER MOTION for Leave to File a Motion to Dismiss the Claim for Violation of the Computer Fraud and Abuse Act in Plaintiff's Amended Complaint addressed to Judge John P. Cronan from Eric B. Hiatt dated January 14, 2021. Document filed by Beeline Loans, Inc...(Hiatt, Eric)
December 28, 2020 Opinion or Order Filing 39 ORDER. It is hereby ORDERED that, in light of Plaintiff's Amended Complaint, Defendant's partial Motion to Dismiss is DENIED as moot. It is further ORDERED that Defendant shall have until January 14, 2021 to answer or otherwise respond to the Amended Complaint. The Clerk of the Court is respectfully directed to terminate the motion pending at docket number 32. SO ORDERED. Denying as moot #32 Motion to Dismiss. Granting #38 LETTER MOTION for Extension of Time to Respond to the Amended Complaint addressed to Judge John P. Cronan from Eric B. Hiatt dated December 23, 2020. Document filed by Beeline Loans, Inc. (Signed by Judge John P. Cronan on 12/28/2020) (rjm)
December 28, 2020 Opinion or Order Set/Reset Deadlines: Beeline Loans, Inc. answer due 1/14/2021. (rjm)
December 23, 2020 Opinion or Order Filing 38 LETTER MOTION for Extension of Time to Respond to the Amended Complaint addressed to Judge John P. Cronan from Eric B. Hiatt dated December 23, 2020. Document filed by Beeline Loans, Inc...(Hiatt, Eric)
December 16, 2020 Opinion or Order Filing 37 NOTICE OF APPEARANCE by Eric Brandon Hiatt on behalf of Beeline Loans, Inc...(Hiatt, Eric)
December 16, 2020 Opinion or Order Filing 36 NOTICE OF APPEARANCE by Tiffany Anna Miao on behalf of Beeline Loans, Inc...(Miao, Tiffany)
December 16, 2020 Opinion or Order Filing 35 AMENDED COMPLAINT amending #1 Complaint against Beeline Loans, Inc. with JURY DEMAND.Document filed by Better Holdco, Inc.. Related document: #1 Complaint..(Beaumont, Anne)
December 16, 2020 Opinion or Order Filing 34 NOTICE OF APPEARANCE by John Siegal on behalf of Beeline Loans, Inc...(Siegal, John)
December 2, 2020 Opinion or Order Filing 33 MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss Counts III and V of the Complaint. . Document filed by Beeline Loans, Inc...(Traub, Amy)
December 2, 2020 Opinion or Order Filing 32 MOTION to Dismiss Counts III and V of the Complaint. Document filed by Beeline Loans, Inc...(Traub, Amy)
November 17, 2020 Opinion or Order Filing 31 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3) of the Federal Rules of Civil Procedure. 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). Deposition due by 5/7/2021. All Fact Discovery due by 3/23/2021. All Expert Discovery due by 5/7/2021. All Discovery due by 5/7/2021. Ready for Trial by 6/21/2021. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 days. The next Case Management Conference set for 5/7/2021 at 10:00 AM before Judge John P. Cronan. And as set forth herein. SO ORDERED. (Signed by Judge John P. Cronan on 11/17/2020) (ama)
November 16, 2020 Opinion or Order Filing 30 JOINT LETTER addressed to Judge John P. Cronan from All parties dated November 16, 2020 Document filed by Better Holdco, Inc...(Wityk, Priyanka)
November 16, 2020 Opinion or Order Filing 29 PROPOSED CASE MANAGEMENT PLAN. Document filed by Better Holdco, Inc...(Wityk, Priyanka)
November 16, 2020 Opinion or Order Filing 28 ORDER. Upon reviewing the parties' letters, the Court finds that a pre-motion conference is not necessary, and that Defendant may proceed in filing the Motion to Dismiss. Defendant's motion papers are due by December 2, 2020. Plaintiff's opposition papers are due by December 16, 2020. Defendant's reply papers, if any, are due December 23, 2020. In light of the briefing schedule for the Motion to Dismiss, the Initial Pretrial Conference scheduled for November 23, 2020 is adjourned sine die. The parties should still submit the Proposed Case management Plan and Scheduling Order by November 16, 2020. In accordance with the Court's Individual Rules and Practices for Civil Cases, requests for extensions or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours (i.e., two business days) before the deadline or scheduled appearance, absent compelling circumstances. The written submission must state (1) the original date(s) set for the appearance or deadline(s) and the new date(s) requested; (2) the reason(s) for the request; (3) the number of previous requests for adjournment or extension; (4) whether these previous requests were granted or denied; and (5) whether opposing counsel consents, and, if not, the reasons given by opposing counsel for refusing to consent. The Clerk of the Court is respectfully directed to terminate the motion pending at document number 26. SO ORDERED. Terminating #26 LETTER MOTION for Leave to File Motion to Dismiss and for a Pre-Motion Conference if the Court Deems one Necessary addressed to Judge John P. Cronan from Amy J. Traub dated November 9, 2020. Document filed by Beeline Loans, Inc. The following hearing(s) was terminated: Initial Conference. (Signed by Judge John P. Cronan on 11/16/2020) (rjm)
November 16, 2020 Opinion or Order Set/Reset Deadlines: Motions due by 12/2/2020. Responses due by 12/16/2020. Replies due by 12/23/2020. (rjm)
November 13, 2020 Opinion or Order Filing 27 LETTER RESPONSE to Motion addressed to Judge John P. Cronan from Priyanka Wityk dated November 13, 2020 re: #26 LETTER MOTION for Leave to File Motion to Dismiss and for a Pre-Motion Conference if the Court Deems one Necessary addressed to Judge John P. Cronan from Amy J. Traub dated November 9, 2020. . Document filed by Better Holdco, Inc...(Wityk, Priyanka)
November 9, 2020 Opinion or Order Filing 26 LETTER MOTION for Leave to File Motion to Dismiss and for a Pre-Motion Conference if the Court Deems one Necessary addressed to Judge John P. Cronan from Amy J. Traub dated November 9, 2020. Document filed by Beeline Loans, Inc...(Traub, Amy)
November 9, 2020 Opinion or Order Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Beeline Financial Holdings, Inc. for Beeline Loans, Inc.. Document filed by Beeline Loans, Inc...(Sheikh, Saima)
November 9, 2020 Opinion or Order Filing 24 ORDER granting #23 LETTER MOTION to Adjourn Conference (Initial Pretrial Conference) and for an Extension of Time to submit Joint Letter and Proposed Case Management Plan and Scheduling Order addressed to Judge John P. Cronan from Saima Z. Sheikh dated November 6, 2020. Document filed by Beeline Loans, Inc. It is hereby ORDERED that the Initial Pretrial Conference scheduled for November 17, 2020 is ADJOURNED to November 23, 2020 at 2:00 p.m. The parties shall submit the joint letter outlined in the Court's October 26, 2020 Order (Dkt. 19) by November 16, 2020. SO ORDERED. (Initial Conference set for 11/23/2020 at 02:00 PM before Judge John P. Cronan). (Signed by Judge John P. Cronan on 11/9/2020) (rjm)
November 6, 2020 Opinion or Order Filing 23 LETTER MOTION to Adjourn Conference (Initial Pretrial Conference) and for an Extension of Time to submit Joint Letter and Proposed Case Management Plan and Scheduling Order addressed to Judge John P. Cronan from Saima Z. Sheikh dated November 6, 2020. Document filed by Beeline Loans, Inc...(Sheikh, Saima)
November 6, 2020 Opinion or Order Filing 22 ORDER granting #21 LETTER MOTION for Extension of Time to comply with the Stipulated Preliminary Injunction addressed to Judge John P. Cronan from Saima Z. Sheikh dated November 5, 2020. Document filed by Beeline Loans, Inc. It is hereby ORDERED that Defendant's request is GRANTED. Defendant shall have until December 8, 2020 to comply with Paragraph 2 of the Stipulated Preliminary Injunction. (Dkt. 20.) SO ORDERED. (Signed by Judge John P. Cronan on 11/6/2020) (rjm)
November 5, 2020 Opinion or Order Filing 21 LETTER MOTION for Extension of Time to comply with the Stipulated Preliminary Injunction addressed to Judge John P. Cronan from Saima Z. Sheikh dated November 5, 2020. Document filed by Beeline Loans, Inc...(Sheikh, Saima)
October 26, 2020 Opinion or Order Filing 20 STIPULATED PRELIMINARY INJUNCTION: It is hereby ORDERED that: Defendant is enjoined from using or disclosing Plaintiff's Confidential Information or Trade Secrets that have been disclosed or given to Defendant at any time by Jack Abramowitz or of which Defendant became aware of as a consequence of Jack Abramowitz's employment with Plaintiff (collectively, "Better Information"). Within ten (10) business days of the entry of this Order by the Court, Defendant shall destroy all electronic copies of any Better Information that it may possess and provide to Plaintiff a certificate executed under oath by a third-party vendor attesting to such destruction and that no other electronic copies of any Better Information are possessed or being retained by Defendant, to the best of Defendant's knowledge, as detailed in the certificate. Within ten (10) business days of the entry of this Order by the Court, Defendant shall return to Plaintiff a copy of any tangible hardcopies of any Better Information that it may possess and provide to Plaintiff a certificate executed under oath by a third-party vendor or officer of Defendant that no other tangible hardcopies of any Better Information are possessed or being retained by Defendant, to the best of Defendant's knowledge, as detailed in the certificate and further set forth in this Order. SO ORDERED. (Signed by Judge John P. Cronan on 10/26/2020) (rro)
October 26, 2020 Opinion or Order Filing 19 NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to the undersigned for all purposes. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Counsel for all parties are hereby ORDERED to appear before the undersigned for an Initial Pretrial Conference (IPTC) in accordance with Rule 16 of the Federal Rules of Civil Procedure on November 17, 2020 at 12:00 p.m. In light of the ongoing COVID-19 pandemic, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel.Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at the IPTC. No later than seven days prior to the IPTC, it is further ORDERED that the parties shall submit a joint letter, not to exceed five (5) pages, addressing the following in separate paragraphs: and further set forth in this Order. Initial Conference set for 11/17/2020 at 12:00 PM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 10/26/2020) (rro)
October 23, 2020 Opinion or Order Filing 18 PROPOSED STIPULATION AND ORDER. Document filed by Better Holdco, Inc...(Beaumont, Anne)
October 20, 2020 Opinion or Order Filing 17 LETTER addressed to Judge John P. Cronan from Anne E. Beaumont dated October 20, 2020 re: Plaintiff's Motion by Order to Show Cause. Document filed by Better Holdco, Inc...(Beaumont, Anne)
October 20, 2020 Opinion or Order Filing 16 NOTICE OF APPEARANCE by Priyanka Kishore Wityk on behalf of Better Holdco, Inc...(Wityk, Priyanka)
October 20, 2020 Opinion or Order Filing 15 NOTICE OF APPEARANCE by Lance James Gotko on behalf of Better Holdco, Inc...(Gotko, Lance)
October 19, 2020 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Saima Zuberi Sheikh on behalf of Beeline Loans, Inc...(Sheikh, Saima)
October 19, 2020 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Amy Joy Traub on behalf of Beeline Loans, Inc...(Traub, Amy)
October 19, 2020 Opinion or Order Filing 12 CERTIFICATE OF SERVICE of Summons and Complaint. Beeline Loans, Inc. served on 10/19/2020, answer due 11/9/2020. Document filed by Better Holdco, Inc...(Beaumont, Anne)
October 19, 2020 Opinion or Order Filing 11 ELECTRONIC SUMMONS ISSUED as to Beeline Loans, Inc...(jgo)
October 19, 2020 Opinion or Order Filing 10 DECLARATION of Adam Doolittle re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Better Holdco, Inc...(Beaumont, Anne)
October 19, 2020 Opinion or Order Filing 9 DECLARATION of Emanuel Santa-Donato re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Better Holdco, Inc...(Beaumont, Anne)
October 19, 2020 Opinion or Order Filing 8 DECLARATION of Andrew Bauer re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Better Holdco, Inc.. (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, #13 Exhibit M, #14 Exhibit N).(Beaumont, Anne)
October 19, 2020 Opinion or Order Filing 7 DECLARATION of Anne E. Beaumont re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Better Holdco, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Beaumont, Anne)
October 19, 2020 Opinion or Order Filing 6 BRIEF re: #5 Proposed Order to Show Cause With Emergency Relief Memorandum of Law in Support of Plaintiff's Motion for Preliminary Injunction and Expedited Discovery. Document filed by Better Holdco, Inc...(Beaumont, Anne)
October 19, 2020 Opinion or Order Filing 5 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Better Holdco, Inc...(Beaumont, Anne) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
October 19, 2020 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Beeline Loans, Inc., re: #1 Complaint. Document filed by Better Holdco, Inc...(Beaumont, Anne)
October 19, 2020 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Better Holdco, Inc...(Beaumont, Anne)
October 19, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Beaumont, Anne)
October 19, 2020 Opinion or Order Filing 1 COMPLAINT against Beeline Loans, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-22195945)Document filed by Better Holdco, Inc...(Beaumont, Anne)
October 19, 2020 Opinion or Order Case Designated ECF. (jgo)
October 19, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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..(jgo)
October 19, 2020 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (dt)
October 19, 2020 Opinion or Order Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

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Search for this case: Better Holdco, Inc. v. Beeline Loans, Inc.
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Plaintiff: Better Holdco, Inc.
Represented By: Anne Elizabeth Beaumont
Represented By: Lance James Gotko
Represented By: Priyanka Kishore Wityk
Represented By: Jacob Lee Hirsch
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Defendant: Beeline Loans, Inc.
Represented By: Saima Zuberi Sheikh
Represented By: Amy Joy Traub
Represented By: Eric Brandon Hiatt
Represented By: Tiffany Anna Miao
Represented By: John Siegal
Represented By: Tina C. Ma
Represented By: Robert Modica, Jr.
Represented By: Sherri Anne Jayson
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