The Dash Group LLC v. JP Morgan Chase et al
| The Dash Group LLC |
| Edwyna W. Brooks d/b/a EW Brooks Books LLV, JP Morgan Chase and Edwyna W Brooks doing business as EW Brooks Books LLC |
| Poppington LLC and Damon A Dash |
| 1:2020cv10671 |
| December 18, 2020 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 ej |
| None |
Docket Report
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Filing 46
ORDER with respect to #29 Motion to Intervene. The bond and proposed stipulation in the Underlying Action will likely resolve and/or moot many, if not all, of the outstanding claims in this action. Accordingly, the initial pretrial conference and evidentiary hearing set for February 16, 2021 is hereby adjourned. In addition, although the Court had indicated that it would resolve the motion to intervene of Dash and Poppington by no later than today, the Court will reserve judgment on that motion until after addressing the bond and the proposed stipulation. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/12/2021) (kv)
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| Filing 45 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by JP Morgan Chase. (Attachments: #1 Text of Proposed Order Proposed Case Management Plan).(Simson, Sylvia) |
| Filing 44 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/25/21 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) |
| Filing 43 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/25/2021 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Khristine Sellin, (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 3/3/2021. Redacted Transcript Deadline set for 3/15/2021. Release of Transcript Restriction set for 5/11/2021..(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/9/2021. (Kotowski, Linda) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/8/2021. (Kotowski, Linda) |
| Filing 42 REPLY AFFIDAVIT of Natraj S Bhushan in Support re: #29 FIRST MOTION to Intervene and Dismiss The Counterclaims In This Action.. Document filed by Damon A Dash, Poppington LLC. (Attachments: #1 Exhibit Declaration In Support Filed In Related Action).(Bhushan, Natraj) |
| Filing 41 FIRST MEMORANDUM OF LAW in Opposition re: #29 FIRST MOTION to Intervene and Dismiss The Counterclaims In This Action. . Document filed by Edwyna W Brooks..(Brown, Christopher) |
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Filing 40
STIPULATION FOR DISCOVERY DEADLINES IN ADVANCE OF FEBRUARY 16, 2021 EVIDENTIARY HEARING: The parties have met and conferred relating to discovery requests that have been served by Defendant and Counterclaim-Plaintiff Edwyna W. Brooks d/b/a EW Brooks Books LLC ("Brooks") in advance of the evidentiary hearing scheduled to take place on February 16, 2021 (the "Hearing"). It is hereby stipulated and agreed by counsel of record as follows: On January 26, 2021 and January 27, 2021, Brooks served discovery requests on The Dash Group LLC ("TDG") and JPMorgan Chase Bank, N.A. ("Chase") in advance of the Hearing. TDG shall provide responses and produce documents by the close of business on February 8, 2021. Chase shall provide responses and produce documents as soon as reasonably possible in advance of the Hearing. SO ORDERED., ( Evidentiary Hearing set for 2/16/2021 at 09:30 AM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 2/04/2021) (ama)
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| Filing 39 PROPOSED STIPULATION AND ORDER. Document filed by Edwyna W Brooks..(Brown, Christopher) |
| Filing 38 ANSWER to #3 Counterclaim. Document filed by The Dash Group LLC. (va) |
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Filing 37
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jed S. Rakoff on 2/2/2021) (va)
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| Filing 36 PROPOSED PROTECTIVE ORDER. Document filed by JP Morgan Chase..(Simson, Sylvia) |
| Filing 35 NOTICE of Cover Letter to Judge Rakoff re submission of Stipulated Confidentiality Agreement and Protective Order. Document filed by JP Morgan Chase..(Simson, Sylvia) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/1/2021. Answering papers for the motion to intervene are due on February 4, 2021; reply papers are due February 8, 2021. (Kotowski, Linda) |
| Filing 34 STIPULATION TO VACATE CLERK'S CERTIFICATE OF DEFAULT OF THE DASH GROUP LLC: The parties agree to vacate the Clerk's Certificate of Default at Rec. Doc. 18 and TDG shall file an Answer to Brooks' Counterclaims on or before February 1, 2021. (Signed by Judge Jed S. Rakoff on 2/1/2021) (jwh) |
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Filing 33
MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE OF ERIC HOWARD. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/1/2021) (jwh)
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| Set/Reset Deadlines: The Dash Group LLC answer due 2/1/2021. (jwh) |
| Filing 32 NOTICE of Notice of Stipulation to Remove Clerk's Certificate Of Default re: #18 Clerk's Certificate of Default. Document filed by Edwyna W Brooks..(Brown, Christopher) |
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Filing 31
AMENDED ORDER re: #25 Order: For the reasons stated in the telephonic oral argument held earlier today, see Transcript dated 1/25/2021, it is ordered that respondent JPMorgan Chase ("Chase") shall not sell, assign, transfer, dispose of, or otherwise interfere with any of petitioner's assets and/or monies being held in the Chase bank accounts of petitioner pending the evidentiary hearing on petitioner's motion to vacate the restraining notice, now scheduled for Tuesday, February 16, 2021 at 9:30 a.m., provided, however, that Chase shall immediately release to petitioner $29,521.42, which is to be used by petitioner solely for the purpose of paying payroll. Such withdrawal shall be by check issued to petitioner The Dash Group LLC and shall be picked up by a current signer on the account at the Chase bank branch located at 13949 Ventura Blvd., Sherman Oaks, CA 91423, on a date and time to be agreed to by Chase and petitioner. (Signed by Judge Jed S. Rakoff on 1/27/2021) (jwh)
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| Filing 30 DECLARATION of Natraj S Bhushan in Support re: #29 FIRST MOTION to Intervene and Dismiss The Counterclaims In This Action.. Document filed by Damon A Dash, Poppington LLC..(Bhushan, Natraj) |
| Filing 29 FIRST MOTION to Intervene and Dismiss The Counterclaims In This Action. Document filed by Damon A Dash, Poppington LLC. (Attachments: #1 Affidavit, #2 Exhibit Judgment in Related Action, #3 Exhibit Brooks Answer with Counterclaims in this action, #4 Exhibit Second Circuit Docket Sheet Concerning Appeal of Judgment in Related Action).(Bhushan, Natraj) |
| Filing 28 PROPOSED ORDER. Document filed by JP Morgan Chase. Related Document Number: [25 & 27]..(Simson, Sylvia) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 27 NOTICE of Filing of Proposed Amended Order re: #25 Order,,,, Set Hearings,,,. Document filed by JP Morgan Chase..(Simson, Sylvia) |
| Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by JP Morgan Chase. (Attachments: #1 Exhibit A - Proposed Amended Order) Related Document Number: #25 .(Simson, Sylvia) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/27/2021 (dt). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Sylvia Simson to RE-FILE Document #26 Proposed Order. ERROR(S): Documents have to be filed separately. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #28 Proposed Order was reviewed and approved as to form. (dt) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/26/2021. (Kotowski, Linda) |
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Filing 25
ORDER: For the reasons stated in the telephonic oral argument held earlier today, see Transcript dated 1/25/2021, it is ordered that respondent JPMorgan Chase ("Chase") shall not sell, assign, transfer, dispose of, or otherwise interfere with any of petitioner's assets and/or monies being held in the Chase bank accounts of petitioner pending the evidentiary hearing on petitioner's motion to vacate the restraining notice, now scheduled for Tuesday, February 16, 2021 at 9:30 a.m., provided, however, that Chase shall immediately release to petitioner $29,521.42, which is to be used by petitioner solely for the purpose of paying payroll. (Evidentiary Hearing set for 2/16/2021 at 09:30 AM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 1/25/2021) (jwh)
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/25/2021,Telephonic Scheduling Conference set for 2/16/2021 at 09:30 AM before Judge Jed S. Rakoff. Telephonic Evidentiary Hearing set for 2/16/202 1at 09:46 AM before Judge Jed S.Rakoff. The public may dial in to listen at 888-363-4735 USA toll-free, 215-446-3657 international caller paid, access code 1086415. (Kotowski, Linda) |
| Filing 24 NOTICE of Filing of Exhibit E To Affidavit of Christopher Brown- Poppingtion LLC July 2020 Bank Statement re: #23 Notice (Other), #22 Brief,. Document filed by Edwyna W Brooks..(Brown, Christopher) |
| Filing 23 NOTICE of Notice of filing January 4, 2021 Affidavit of Christopher Brown re: #22 Brief,. Document filed by Edwyna W Brooks..(Brown, Christopher) |
| Filing 22 FIRST BRIEF Brooks Response To Order To Show Cause. Document filed by Edwyna W Brooks. (Attachments: #1 Exhibit Exhibit B- Defendants Closed Bank Accounts at Chase, #2 Exhibit Exhibit D- Invoice To Yezzy Marketing, #3 Exhibit Exhibit F-Docket Entry 71, Brooks Judgment, #4 Exhibit Exhibit G-Traylor Decmeber 2020 Letter To Chase, #5 Exhibit Exhibit H-Poppington LLC Feburary 2020 filing, #6 Exhibit Exhibit I- The Dash Group LLC June 2020 Filing).(Brown, Christopher) |
| Filing 21 AFFIRMATION of Sylvia E. Simson in Opposition re: #5 Notice of Removal,,. Document filed by JP Morgan Chase. (Attachments: #1 Exhibit A Letter of Sylvia E. Simson to the Court dated December 30, 2020, #2 Exhibit B Restraining Notice dated November 10, 2020, #3 Exhibit C Deposit Account Agreement and Privacy Notice dated November 8, 2020).(Simson, Sylvia) |
| Filing 20 BRIEF re: #5 Notice of Removal,, Memorandum of Law of JPMorgan Chase Bank, N.A. in Response to The Dash Group LLCs Motion to Vacate and Terminate the Restraining Notice and in Support of Chases Request to Mark this Case Disposed. Document filed by JP Morgan Chase..(Simson, Sylvia) |
| NOTICE of Public Dial in Information. The dial-in information for the call will be as follows: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415..(Kotowski, Linda) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/20/2021, (Telephonic Oral Argument set for 1/25/2021 at 11:00 AM before Judge Jed S. Rakoff., telephonic Scheduling Conference set for 2/16/2021 at 11:00 AM before Judge Jed S. Rakoff.). (Kotowski, Linda) |
| Filing 19 NOTICE OF COURT CONFERENCE: DATE AND PLACE OF CONFERENCE: 1-20-2021, ON A TELECONFERENCE LINE AT 3:00pm. The dial-in information for the call will be as follows: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415., (Telephone Conference set for 1/20/2021 at 03:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 1/15/2021) (nb) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-01944-JSR. Notice of Assignment to follow. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge John P. Cronan is no longer assigned to the case. (laq) |
| Filing 18 Vacated as per Judge's Order dated 2/1/2021, Doc. #34 CLERK'S CERTIFICATE OF DEFAULT as to The Dash Group LLC, issued January 12, 2021.(dt) Modified on 2/1/2021 (jwh). |
| Filing 17 AFFIDAVIT of Christopher Brown in Support re: #16 Proposed Clerk's Certificate of Default,. Document filed by Edwyna W. Brooks d/b/a EW Brooks Books LLV..(Brown, Christopher) |
| Filing 16 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Edwyna W. Brooks d/b/a EW Brooks Books LLV..(Brown, Christopher) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Christopher Brown regarding Document No. #15 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): an attorney's affidavit or declaration in support needs to be filed as a separate entry, filed under other answers, affidavit/declaration in support of a non-motion. (km) |
| Filing 15 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Edwyna W. Brooks d/b/a EW Brooks Books LLV..(Brown, Christopher) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 14 ANSWER to Complaint. Document filed by JP Morgan Chase..(Simson, Sylvia) |
| Filing 13 ANSWER to Complaint. Document filed by JP Morgan Chase..(Simson, Sylvia) |
| Filing 12 FIRST LETTER addressed to Judge John P. Cronan from Christopher Brown dated December 30, 2020 re: Related Case. Document filed by Edwyna W. Brooks d/b/a EW Brooks Books LLV..(Brown, Christopher) |
| Filing 11 CERTIFICATE OF SERVICE of Notice of Removal and Answer/Counterclaim of Brooks served on The Dash Group LLC on December 18, 2020. Service was made by email on Attorney Eric Howard. Document filed by Edwyna W. Brooks d/b/a EW Brooks Books LLV..(Brown, Christopher) |
| NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Analisa Torres is no longer assigned to the case. (laq) |
| Filing 10 CERTIFICATE OF SERVICE of Joinder in Removal by Defendant JPMorgan Chase Bank, N.A. (Rec. Doc.008) and exhibits A-B thereto served on Counsel of Record for Plaintiff The Dash Group LLC and Defendant Brooks d/b/a EW Brooks Books LLC on 12/22/2020 and 12/23/2020. Service was made by Email and UPS Overnight Mail. Document filed by JP Morgan Chase..(Hammeran, Keith) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JPMorgan Chase & Co. for JP Morgan Chase. Document filed by JP Morgan Chase..(Simson, Sylvia) |
| Filing 8 NOTICE of Joinder in Removal by JPMorgan Chase Bank, N.A. re: #5 Notice of Removal,,. Document filed by JP Morgan Chase. (Attachments: #1 Exhibit A - Notice of Removal Filed on State Court Docket, #2 Exhibit B - Order To Show Cause dated 12/18/20).(Simson, Sylvia) |
| Filing 7 NOTICE OF APPEARANCE by Keith Hammeran on behalf of JP Morgan Chase..(Hammeran, Keith) |
| Filing 6 NOTICE OF APPEARANCE by Sylvia E. Simson on behalf of JP Morgan Chase..(Simson, Sylvia) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher Lloyd Brown. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding); Jury Demand code d (Defendant); Fee Status code due (due);. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court); the Jury Demand code has been modified to n (None); the Fee Status code has been modified to pd (paid);. (jgo) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #5 Notice of Removal,,. Filing fee $ 402.00. Pay.gov receipt number ANYSDC-2309471, paid on 12/18/2020..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Lloyd Brown. The party information for the following party/parties has been modified: Edwyna W. Brooks d/b/a EW Brooks Books LLV. The information for the party/parties has been modified for the following reason/reasons: party name was modified to add alias separately. (jgo) |
| Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| Case Designated ECF. (jgo) |
| Filing 5 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 657043/2020..Document filed by Edwyna W. Brooks d/b/a EW Brooks Books LLV. (Attachments: #1 Supplement The Dash Group Petition, #2 Exhibit Affidavit of Eric Howard, #3 Exhibits To Affidavit of Eric Howard, #4 Supplement The Dash Group LLC RJI filed in Supreme Court, #5 Text of Proposed Order Order to Show Cause filed by The Dash Group LLC, #6 Notice Of Appearance Filed by Christopher Brown).(Brown, Christopher) |
| Filing 4 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Edwyna W. Brooks d/b/a EW Brooks Books LLV..(Brown, Christopher) |
| Filing 3 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against The Dash Group LLC. Document filed by Edwyna W. Brooks d/b/a EW Brooks Books LLV. (Attachments: #1 Exhibit Exhibit B- Poppington LLC closed account at Chase).(Brown, Christopher) |
| Filing 2 RELATED CASE AFFIRMATION of Christopher Brown re: that this action be filed as related to 19-cv-1944 (JSR). Document filed by Edwyna W. Brooks d/b/a EW Brooks Books LLV..(Brown, Christopher) |
| Filing 1 CIVIL COVER SHEET filed..(Brown, Christopher) |
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