Teachers Insurance & Annuity Association of America v. Malafa
| Teachers Insurance & Annuity Association of America |
| Matthew Malafa |
| 1:2021cv02935 |
| April 6, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 11, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 32
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER:All parties do not consent to proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Deposition due by 10/19/2021. Fact Discovery due by 9/2/2021. Expert Discovery due by 10/19/2021. This case is not to be tried to a jury. Pretrial Conference set for 9/3/2021 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 6/3/2021) (ate) Modified on 6/4/2021 (ate).
|
|
Filing 31
MEMO ENDORSEMENT on re: #29 Letter re: Proposed Scheduling Order, filed by Matthew Malafa. ENDORSEMENT: Per the parties' preference, the June 4, 2021 IPTC is CANCELED. The Court has entered the parties' proposed Case Management Plan by separate order. Absent unusual circumstances, the Court does not typically entertain summary judgment motions in cases in which there will be a bench trial. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/3/2021) (rj) Modified on 6/4/2021 (rj).
|
| Filing 30 PROPOSED CASE MANAGEMENT PLAN. Document filed by Matthew Malafa..(Campisi, Philip) |
| Filing 29 JOINT LETTER addressed to Judge Valerie E. Caproni from Philip J. Campisi, Jr. and Christopher C. Coss dated May 27, 2021 re: Proposed Scheduling Order. Document filed by Matthew Malafa. (Attachments: #1 Proposed Scheduling Order).(Campisi, Philip) |
|
Filing 28
ORDER FOR ADMISSION PRO HAC VICE granting #25 Motion for Christopher C. Coss to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 4/26/2021) (vf)
|
|
Filing 27
ORDER FOR ADMISSION PRO HAC VICE granting #26 Motion for Thomas J. Momjian to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 4/26/2021) (vf)
|
| Filing 26 MOTION for Thomas Momjian to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24442399. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teachers Insurance & Annuity Association of America. (Attachments: #1 Text of Proposed Order).(Coss, Christopher) |
| Filing 25 MOTION for Christopher Coss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24442340. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teachers Insurance & Annuity Association of America. (Attachments: #1 Text of Proposed Order).(Coss, Christopher) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Christopher Coss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24442340. Motion and supporting papers to be reviewed by Clerk's Office staff., #26 MOTION for Thomas Momjian to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24442399. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
|
Filing 24
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 June 4, 2021 at 10:30 a.m. by teleconference. At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 2935. 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 May 27, 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. SO ORDERED. Initial Conference set for 6/4/2021 at 10:30 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/20/2021) (ama)
|
|
Filing 23
STIPULATED PRELIMINARY INJUNCTION ORDER: It is hereby stipulated and agreed by and between the undersigned attorneys of record for plaintiff Teachers Insurance and Annuity Association of America ("TIAA" or "Plaintiff")and Matthew Malafa ("Defendant"), that Plaintiff's motion for a preliminary injunction, filed on April 8, 2021, shall be resolved as follows: as set forth herein. This Stipulated Preliminary Injunction shall remain effective through November 2, 2022, unless terminated earlier and/or further extended by Court order or written agreement of the parties. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/20/2021) (ama)
|
|
Filing 22
MEMO ENDORSEMENT: on re: #20 Letter filed by Matthew Malafa. ENDORSEMENT: By separate order, the Court has so-ordered the parties' Stipulated Preliminary Injunction Order. Accordingly, the April 29, 2021 hearing is canceled. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/20/2021) (ama)
|
| Filing 21 PROPOSED STIPULATION AND ORDER. Document filed by Matthew Malafa..(Campisi, Philip) |
| Filing 20 JOINT LETTER addressed to Judge Valerie E. Caproni from Philip J. Campisi, Jr. dated April 20, 2021 re: Parties have reached a resolution of plaintiff's order to show cause. Document filed by Matthew Malafa..(Campisi, Philip) |
| Filing 19 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/8/21 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 18 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/8/2021 before Judge Valerie E. Caproni. 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 5/4/2021. Redacted Transcript Deadline set for 5/14/2021. Release of Transcript Restriction set for 7/12/2021..(McGuirk, Kelly) |
|
Filing 17
STIPULATION AND ORDER TO ADJOURN SHOW-CAUSE HEARING AND EXTEND TEMPORARY RESTRAINING ORDER: IT IS STIPULATED AND AGREED, by and between the undersigned counsel of record for the respective parties hereto, that: The show-cause hearing on the Order to Show Cause dated April 8, 2021 (ECF No.12) is hereby adjourned from April 15, 2021 to April 29, 2021, at 10:00 a.m. Defendant's answering papers shall be served on or before April 23, 2021. Plaintiff's reply papers shall be served on or before April 27, 2021. The Temporary Restraining Order in the Court's Order to Show Cause (ECF No. 12) is hereby extended on consent to and including the adjourned date of the show-cause hearing set forth in paragraph 1 above. SO ORDERED., ( Show Cause Hearing set for 4/29/2021 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/13/2021) (ama)
|
| Filing 16 JOINT LETTER addressed to Judge Valerie E. Caproni from Joshua B. Katz dated April 13, 2021 re: proposed stipulation and order to adjourn show-cause hearing and extend TRO. Document filed by Teachers Insurance & Annuity Association of America. (Attachments: #1 Text of Proposed Order proposed stipulation and order to adjourn show-cause hearing and extend TRO).(Katz, Joshua) |
| Filing 15 NOTICE OF APPEARANCE by Philip Joseph Campisi, Jr on behalf of Matthew Malafa..(Campisi, Philip) |
|
Filing 14
ORDER granting #5 Letter Motion to Seal. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/9/2021) (jca)
|
|
Filing 13
ORDER: IT IS HEREBY ORDERED that the parties are instructed to dial-in to the April 15 hearing using: (888) 363-4749 // Access code: 3121171# // Security code: 2935#. SO ORDERED., ( Show Cause Hearing set for 4/15/2021 at 02:30 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/09/2021) (ama)
|
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 4/8/2021. Attorneys Jack Gordon and Christopher Coss present for the plaintiff. Defendant Matthew Malafa present. Court Reporter Steven Greenblum present. (anc) |
|
Filing 12
ORDER TO SHOW CAUSE FOR AN ORDER FOR A PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: ORDERED that Defendant Matthew Mafala show cause before the Honorable Valerie E. Caproni, United States District Judge in Courtroom 443 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, on 4/15/2021 at 02:30 PM., or as soon thereafter as counsel may be heard, why the Court should not enter an order for a preliminary injunction pursuant to Rule 65(a) of the Federal Rules of Civil Procedure and the Court's inherent powers, pending final determination of this action: And as set forth herein. ORDERED that security in the sum of $5,000 shall be posted by Plaintiff on or before 5:00 p.m. on 4/12/2021. And as set forth herein. SO ORDERED. Show Cause Hearing set for 4/15/2021 at 02:30 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/08/2021) (ama)
|
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent TIAA Board of Overseers for Teachers Insurance & Annuity Association of America. Document filed by Teachers Insurance & Annuity Association of America..(Katz, Joshua) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #6 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Filing 10 ***SELECTED PARTIES***DECLARATION of Kenneth Bane in Support re: #6 Proposed Order to Show Cause With Emergency Relief. Document filed by Teachers Insurance & Annuity Association of America, Matthew Malafa. (Attachments: #1 Exhibit A (VSP Agreement), #2 Exhibit B (2012 Agreement), #3 Exhibit C (emails w/client), #4 Exhibit D (cease and desist letter), #5 Exhibit E (emails w/client))Motion or Order to File Under Seal: #5 .(Katz, Joshua) |
| Filing 9 DECLARATION of Kenneth Bane in Support re: #6 Proposed Order to Show Cause With Emergency Relief. Document filed by Teachers Insurance & Annuity Association of America. (Attachments: #1 Exhibit A (VSP Agreement), #2 Exhibit B (2012 Agreement), #3 Exhibit C (emails w/client), #4 Exhibit D (cease and desist letter), #5 Exhibit E (emails w/client)).(Katz, Joshua) |
| Filing 8 DECLARATION of Joshua B. Katz in Support. Document filed by Teachers Insurance & Annuity Association of America. (Attachments: #1 Exhibit 1 (email notice to defendant)).(Katz, Joshua) |
| Filing 7 MEMORANDUM OF LAW in Support re: #6 Proposed Order to Show Cause With Emergency Relief . Document filed by Teachers Insurance & Annuity Association of America..(Katz, Joshua) |
| Filing 6 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Teachers Insurance & Annuity Association of America..(Katz, Joshua) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 5 LETTER MOTION to Seal addressed to Judge Valerie E. Caproni from Jack A. Gordon dated April 7, 2021. Document filed by Teachers Insurance & Annuity Association of America..(Katz, Joshua) |
| Filing 4 NOTICE OF APPEARANCE by Jack A. Gordon on behalf of Teachers Insurance & Annuity Association of America..(Gordon, Jack) |
| 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..(gp) |
| 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. (gp) |
| Case Designated ECF. (gp) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Joshua B Katz to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates 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). (ldi) |
| Filing 3 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Teachers Insurance & Annuity Association of America..(Katz, Joshua) Modified on 4/7/2021 (ldi). |
| Filing 2 CIVIL COVER SHEET filed..(Katz, Joshua) |
| Filing 1 COMPLAINT against Matthew Malafa. (Filing Fee $ 402.00, Receipt Number ANYSDC-24358309)Document filed by Teachers Insurance & Annuity Association of America..(Katz, Joshua) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
