RocketFuel Blockchain Company v. Ellenoff Grossman & Schole LLP
Plaintiff: RocketFuel Blockchain Company and RocketFuel Blockchain, Inc.
Defendant: Ellenoff Grossman & Schole LLP
Case Number: 1:2021cv01764
Filed: March 1, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Valerie E Caproni
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2021 Opinion or Order Filing 20 LETTER addressed to Judge Valerie E. Caproni from Philip Touitou dated April 28, 2021 re: pursuant to the Courts Order, dated April 23, 2021 (Docket No. 19). Document filed by Ellenoff Grossman & Schole LLP..(Touitou, Philip)
April 23, 2021 Opinion or Order Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 4/23/2021. Attorney Richard Scarola present for the plaintiffs. Attorneys Philip Touitou and Steven Cordero present for the defendant. Court Reporter Kristen Carannante present. (anc)
April 23, 2021 Opinion or Order Filing 19 ORDER: IT IS HEREBY ORDERED that Defendant's motion to dismiss is due not later than May 21, 2021. Plaintiffs must respond to Defendant's motion not later than June 18, 2021. In response to Defendant's motion, Plaintiffs may either oppose the motion or amend their complaint, not both. Should Plaintiffs opt to oppose the motion, Defendant may reply in further support of its motion not later than July 7, 2021. IT IS FURTHER ORDERED that not later than April 28, 2021, Defendant must file a letter informing the Court whether any member of Ellenoff Grossman & Schole LLP is a citizen of Nevada. IT IS FURTHER ORDERED that discovery in this action is STAYED pending Defendant's motion to dismiss. Once the Court has had an opportunity to review Defendant's forthcoming motion and Plaintiffs have made their decision whether to amend their complaint or oppose Defendant's motion, the Court will decide whether to enter a Case Management Plan or leave discovery stayed pending the Court's decision on Defendant's motion to dismiss. SO ORDERED., ( Motions due by 5/21/2021., Responses due by 6/18/2021, Replies due by 7/7/2021.) (Signed by Judge Valerie E. Caproni on 4/23/2021) (ama)
April 22, 2021 Opinion or Order Filing 18 NOTICE OF APPEARANCE by Steven Mark Cordero, Sr on behalf of Ellenoff Grossman & Schole LLP..(Cordero, Steven)
April 22, 2021 Opinion or Order Filing 17 NOTICE OF APPEARANCE by Philip Touitou on behalf of Ellenoff Grossman & Schole LLP..(Touitou, Philip)
April 15, 2021 Opinion or Order Filing 16 LETTER addressed to Judge Valerie E. Caproni from Richard J.J. Scarola dated 4/15/2021 re: Joint Letter in Anticipation of Pretrial Conference. Document filed by RocketFuel Blockchain Company, RocketFuel Blockchain, Inc.. (Attachments: #1 Proposed Case Management Plan and Scheduling Order).(Scarola, Richard)
April 7, 2021 Opinion or Order Filing 15 ORDER: granting #14 Letter Motion to Adjourn Conference. The April 16, 2021 IPTC is ADJOURNED to April 23, 2021, at 11:30 a.m. The parties' joint letter and proposed Case Management Plan are due not later than April 15, 2021. The Court notes, however, that its March 3, 2021 order (Dkt. 6) clearly states that "[r]equests for adjournment of the IPTC will not necessarily be granted on the ground that one or more Defendants have not been served or answered prior to the scheduled IPTC." Plaintiffs' counsel is warned to read closely this Court's orders before making requests of this Court. With respect to Plaintiffs' Amended Complaint adding a new party as Plaintiff, at least within this district, Plaintiffs are incorrect in asserting that Rule 21 is not implicated, even though Plaintiffs were entitled to file an amended complaint as of right under Rule 15(a)(1). See, e.g., So roof Trading Dev. Co.v. GE Microgen, Inc., 283 F.R.D. 142, 147 (S.D.N.Y. 2012) ("If the amendment seeks to add a party, Rule 21 of the Federal Rules of Civil Procedure, which allows addition of a party... also comes into play. However, that creates no additional obstacle, as the 'showing necessary under Rule 21 is the same as that required under Rule 15(a)."' (quoting Johnson v. Bryson, 851 F. Supp. 2d 688, 703 (S.D.N.Y. 2012)); Duling v. Gristedes Operating Corp., 265 F.R.D. 91, 96 (S.D.N.Y. 2010) ("To the extent a proposed amendment would add new parties, the motion is technically governed by Rule 21, which provides that 'the court may at any time, on just terms, add or drop a party,' rather than Rule15(a)." (quoting Fed. R. Civ. P. 21)). The Court also notes that Plaintiffs' alternative path would not necessarily have been to file a separate action but instead simply to seek the Court's permission to file an amended complaint adding a new plaintiff pursuant to Rule 21 before doing so. Nevertheless, given the lenient standard under Rules 15(a) and 21 and the fact that Defendant had not yet been served at the time of the amendment, the Court grants Plaintiffs' request, nunc pro tunc to March 19, 2021, to add RocketFuel Blockchain, Inc. as a plaintiff in this action. SO ORDERED. Initial Conference set for 4/23/2021 at 11:30 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/07/2021) (ama)
April 6, 2021 Opinion or Order Filing 14 LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Richard J.J. Scarola dated April 6, 2021. Document filed by RocketFuel Blockchain Company, RocketFuel Blockchain, Inc...(Scarola, Richard)
April 6, 2021 Opinion or Order Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint, Amended Complaint,. Ellenoff Grossman & Schole LLP served on 4/1/2021, answer due 4/22/2021. Service was accepted by Nancy Dougherty, authorized agent in the Office of the Secretary of State of the State of New York. Document filed by RocketFuel Blockchain, Inc.; RocketFuel Blockchain Company..(Scarola, Richard)
March 23, 2021 Opinion or Order Filing 12 ELECTRONIC AMENDED SUMMONS ISSUED as to Ellenoff Grossman & Schole LLP..(jgo)
March 22, 2021 Opinion or Order Filing 11 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Ellenoff Grossman & Schole LLP, re: #7 Amended Complaint,. Document filed by RocketFuel Blockchain Company, RocketFuel Blockchain, Inc...(Scarola, Richard)
March 22, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Richard J.J. Scarola to RE-FILE Document No. #10 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
March 19, 2021 Opinion or Order Filing 10 FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to Ellenoff Grossman & Schole LLP, re: #7 Amended Complaint,. Document filed by RocketFuel Blockchain Company, RocketFuel Blockchain, Inc...(Scarola, Richard) Modified on 3/22/2021 (jgo).
March 19, 2021 Opinion or Order Filing 9 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent RocketFuel Blockchain, Inc. for RocketFuel Blockchain Company. Document filed by RocketFuel Blockchain Company, RocketFuel Blockchain, Inc...(Scarola, Richard)
March 19, 2021 Opinion or Order Filing 8 CIVIL COVER SHEET filed..(Scarola, Richard)
March 19, 2021 Opinion or Order Filing 7 AMENDED COMPLAINT amending #1 Complaint, against Ellenoff Grossman & Schole LLP with JURY DEMAND.Document filed by RocketFuel Blockchain Company, RocketFuel Blockchain, Inc.. Related document: #1 Complaint,. (Attachments: #1 Exhibit A. March 2018 Retainer Agreement between RocketFuel and Ellenoff Grossman & Schole, #2 Exhibit B. Joseph Page's Motion for Sanctions in Rocketfuel Blockchain, Inc. et al v. Joseph Page).(Scarola, Richard)
March 2, 2021 Opinion or Order Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on April 16, 2021 at 12:00 p.m. by teleconference. At the scheduled time, counsel for all parties should call 888- 363-4749, Access code 3121171#, Security code 1764. Counsel should submit their proposed case management plan and joint letter as outlined below. This Court encourages plaintiffs to serve defendants promptly. The parties are directed to submit a joint letter of no more than five pages by April 8, 2021, addressing the following in separate paragraphs: as set forth herein. Plaintiff's counsel, or the defendant's counsel in removed cases, is responsible for distributing copies of this Notice to all parties. And as set forth herein. SO ORDERED. Initial Conference set for 4/16/2021 at 12:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 3/02/2021) (ama)
March 2, 2021 Opinion or Order Filing 5 ELECTRONIC SUMMONS ISSUED as to Ellenoff Grossman & Schole LLP..(pc)
March 2, 2021 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Ellenoff Grossman & Schole LLP, re: #1 Complaint,. Document filed by RocketFuel Blockchain Company..(Scarola, Richard)
March 2, 2021 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent RocketFuel Blockchain, Inc. for RocketFuel Blockchain Company. Document filed by RocketFuel Blockchain Company..(Scarola, Richard)
March 2, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Scarola, Richard)
March 2, 2021 Opinion or Order Filing 1 COMPLAINT against Ellenoff Grossman & Schole LLP. (Filing Fee $ 402.00, Receipt Number ANYSDC-24147658)Document filed by RocketFuel Blockchain Company. (Attachments: #1 Exhibit A. March 2018 Retainer Agreement between RocketFuel and Ellenoff Grossman & Schole, #2 Exhibit B. Joseph Page's Motion for Sanctions in Rocketfuel Blockchain, Inc. et al v. Joseph Page).(Scarola, Richard)
March 2, 2021 Opinion or Order Case Designated ECF. (pc)
March 2, 2021 Opinion or Order 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)
March 2, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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)
March 2, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard J.J. Scarola. The following case opening statistical information was erroneously selected/entered: Dollar Demand $11,000,000,000; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc)

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Defendant: Ellenoff Grossman & Schole LLP
Represented By: Philip Touitou
Represented By: Steven Mark Cordero, Sr
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Plaintiff: RocketFuel Blockchain Company
Represented By: Richard J.J. Scarola
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Plaintiff: RocketFuel Blockchain, Inc.
Represented By: Richard J.J. Scarola
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