Benchmark Investments, Inc. v. Shiftpixy, Inc.
| Benchmark Investments, Inc. doing business as Kingswood Capital Markets |
| Shiftpixy, Inc. |
| 1:2021cv01988 |
| March 8, 2021 |
| U.S. District Court for the Southern District of New York |
| Alison J Nathan |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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Filing 18
ORDER: It having been reported to this Court that this case has been settled, it is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within thirty (30) days. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. All scheduled conferences are hereby adjourned. Within the thirty-day period provided for in this Order, the parties may submit to the Court their own Stipulation of Dismissal for the Court to So Order. Pursuant to Rule 5.A. of the Court's Individual Practices in Civil Cases, the Court will not retain jurisdiction to enforce a settlement agreement unless the terms of the agreement are made part of the public record. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/1/2021) (va)
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| Filing 17 FIRST LETTER MOTION to Stay Action Pending Performance of Settlement Agreement (Corrected) addressed to Judge Alison J. Nathan from Martin E. Karlinsky dated April 29, 2021. Document filed by Shiftpixy, Inc...(Karlinsky, Martin) |
| Filing 16 FIRST LETTER MOTION to Stay Action Pending Performance of Settlement Agreement addressed to Judge Alison J. Nathan from Martin E. Karlinsky dated April 29, 2021. Document filed by Shiftpixy, Inc...(Karlinsky, Martin) |
| Filing 15 ANSWER to #2 Complaint,. Document filed by Shiftpixy, Inc...(Karlinsky, Martin) |
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Filing 14
ORDER granting #13 FIRST LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint addressed to Judge Alison J. Nathan from Martin E. Karlinsky dated March 24, 2021. Document filed by Shiftpixy, Inc. So ordered. (Shiftpixy, Inc. answer due 4/9/2021.) (Signed by Judge Alison J. Nathan on 3/24/2021) (rjm)
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| Filing 13 FIRST LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint addressed to Judge Alison J. Nathan from Martin E. Karlinsky dated March 24, 2021. Document filed by Shiftpixy, Inc...(Karlinsky, Martin) |
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Filing 12
NOTICE OF INITIAL PRETRIAL CONFERENCE. This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, May 28, 2021 at 3:30 pm in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) (Initial Conference set for 5/28/2021 at 03:30 PM in Courtroom 906, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 3/17/2021) (rjm)
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| Filing 11 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Kingswood US, LLC, Other Affiliate Kingswood Holdings Limited for Benchmark Investments, Inc.. Document filed by Benchmark Investments, Inc...(Herskovits, Robert) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Robert L. Herskovits to RE-FILE Document #10 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| Filing 10 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Kingswood US, LLC for Benchmark Investments, Inc.. Document filed by Benchmark Investments, Inc...(Herskovits, Robert) Modified on 3/12/2021 (lb). |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Shiftpixy, Inc...(Karlinsky, Martin) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Robert L. Herskovits to RE-FILE Document #6 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,. Shiftpixy, Inc. served on 3/10/2021, answer due 3/31/2021. Service was accepted by Gina Martinez, Security, CT Corp.. Document filed by Benchmark Investments, Inc...(Allgor, Joseph) |
| Filing 7 NOTICE OF APPEARANCE by Martin E Karlinsky on behalf of Shiftpixy, Inc...(Karlinsky, Martin) |
| Filing 6 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Benchmark Investments, Inc...(Herskovits, Robert) Modified on 3/11/2021 (lb). |
| Filing 5 NOTICE OF APPEARANCE by Robert L. Herskovits on behalf of Benchmark Investments, Inc...(Herskovits, Robert) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Shiftpixy, Inc...(dnh) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to ShiftPixy, Inc., re: #2 Complaint,. Document filed by Benchmark Investments, Inc...(Allgor, Joseph) |
| Case Designated ECF. (dnh) |
| 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. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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..(dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joseph Peter Allgor. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (dnh) |
| Filing 2 COMPLAINT against Shiftpixy, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24220147)Document filed by Benchmark Investments, Inc.. (Attachments: #1 Exhibit A - SPAC 1 Engagement Letter, #2 Exhibit B - SPAC 2 Engagement Letter, #3 Exhibit C - SPAC 3 Engagement Letter, #4 Exhibit D - SPAC 4 Engagement Letter, #5 Exhibit E - 2-5-21 Ltr Tucker to Absher, #6 Exhibit F - 2-5-21 Ltr Gans to Tucker).(Allgor, Joseph) |
| Filing 1 CIVIL COVER SHEET filed..(Allgor, Joseph) |
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| Defendant: Shiftpixy, Inc. | |
| Represented By: | Martin E Karlinsky |
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| Plaintiff: Benchmark Investments, Inc. doing business as Kingswood Capital Markets | |
| Represented By: | Joseph Peter Allgor |
| Represented By: | Robert L. Herskovits |
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