Maglione v. Undertone, Inc. et al
Plaintiff: Richard Maglione
Defendant: Perion, Inc. and Undertone, Inc.
Case Number: 1:2021cv00073
Filed: January 5, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: John P Cronan
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 29 U.S.C. ยง 2601
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 4, 2021 Opinion or Order Filing 14 STIPULATION OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between Intercept Interactive Inc. d/b/a Undertone, Inc. (incorrectly named in the Complaint as "Undertone, Inc.") and Perion Network Ltd.) (i~correctly named in the Complaint as "Perion, Inc.") (collectively referred to herein as "Defendants") and Richard Maglione ("Plaintiff'), that this action be dismissed in its entirety with prejudice and without costs to any party as against the other. Rule 41 (a)(1)(A)(ii) of the Federal Rules of Civil Procedure allows a plaintiff to voluntary dismiss an action without a court order by filing a stipulation of dismissal signed by all parties who have appeared. Plaintiffs here have filed a stipulation of dismissal signed by all parties who appeared in this action. The Clerk of Court is thus respectfully directed to close this case., Perion, Inc. and Undertone, Inc. terminated. (Signed by Judge John P. Cronan on 2/4/2021) (nb)
February 4, 2021 Filing 13 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Perion, Inc., Undertone, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Richard Maglione. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Kaiser, Daniel)
February 4, 2021 Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Perion, Inc., Undertone, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Richard Maglione. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Kaiser, Daniel) Modified on 2/4/2021 (km).
February 4, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Daniel Kaiser. RE-FILE Document No. #12 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures); the document needs to be titled a stipulation of voluntary dismissal. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents. (km)
February 4, 2021 ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #13 Stipulation of Voluntary Dismissal was reviewed and referred to Judge John P. Cronan for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii). (km)
January 25, 2021 Opinion or Order Filing 11 STIPULATED ORDER FOR AN EXTENSION OF TIME FOR DEFENDANT TO RESPOND TO PLAINTIFF'S COMPLAINT: The time within which the Defendants, Undertone, Inc. and Perion, Inc. ("Defendants"), may answer, move or otherwise respond to Plaintiff, Richard Maglione's Complaint is extended by 30 days, up to and including March 1, 2021. SO ORDERED. Perion, Inc. answer due 3/1/2021; Undertone, Inc. answer due 3/1/2021., Motions terminated: #8 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge John P. Cronan from Mitchell Boyarsky dated January 22, 2021. filed by Perion, Inc., Undertone, Inc.. (Signed by Judge John P. Cronan on 1/25/2021) (jca)
January 22, 2021 Filing 10 NOTICE OF APPEARANCE by Peter John Veysey, Jr on behalf of Perion, Inc., Undertone, Inc...(Veysey, Peter)
January 22, 2021 Filing 9 NOTICE OF APPEARANCE by Mitchell Boyarsky on behalf of Perion, Inc., Undertone, Inc...(Boyarsky, Mitchell)
January 22, 2021 Filing 8 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge John P. Cronan from Mitchell Boyarsky dated January 22, 2021. Document filed by Perion, Inc., Undertone, Inc.. (Attachments: #1 Text of Proposed Order).(Boyarsky, Mitchell)
January 13, 2021 Opinion or Order Filing 7 NOTICE OF ASSIGNMENT: 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 March 22, 2021 at 11:00 a.m. Unless the Court orders otherwise, 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. It is further ORDERED that the parties shall submit a joint letter, not to exceed five (5) pages, addressing the following in separate paragraphs as further set forth in this Order. SO ORDERED. ( Initial Conference set for 3/22/2021 at 11:00 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 1/12/21) (yv)
January 6, 2021 Filing 6 ELECTRONIC SUMMONS ISSUED as to Perion, Inc...(pc)
January 6, 2021 Filing 5 ELECTRONIC SUMMONS ISSUED as to Undertone, Inc...(pc)
January 6, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Jordan Kaiser. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc)
January 6, 2021 Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
January 6, 2021 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..(pc)
January 6, 2021 Case Designated ECF. (pc)
January 5, 2021 Filing 4 CIVIL COVER SHEET filed..(Kaiser, Daniel)
January 5, 2021 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to UNDERTONE, INC., re: #1 Complaint. Document filed by Richard Maglione..(Kaiser, Daniel)
January 5, 2021 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to PERION, INC., re: #1 Complaint. Document filed by Richard Maglione..(Kaiser, Daniel)
January 5, 2021 Filing 1 COMPLAINT against Perion, Inc., Undertone, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-23358954)Document filed by Richard Maglione..(Kaiser, Daniel)

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Defendant: Perion, Inc.
Represented By: Peter John Veysey, Jr
Represented By: Mitchell Boyarsky
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Defendant: Undertone, Inc.
Represented By: Peter John Veysey, Jr
Represented By: Mitchell Boyarsky
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Plaintiff: Richard Maglione
Represented By: Daniel Jordan Kaiser
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