RSE Markets, Inc. v. Forge Underwriting Limited
| RSE Markets, Inc. |
| Forge Underwriting Limited |
| 1:2021cv04488 |
| May 19, 2021 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Insurance |
| 28 U.S.C. § 1332 nr |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 22, 2021. A more recent docket listing may be available from PACER.
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Filing 42
ORDER: Accordingly, the parties' requests to seal ECF Nos. 35-39 are DENIED. By July 23, 2021, the parties shall move the Court to seal or redact the aforementioned submissions in accordance with the Court's Individual Practices in Civil Cases IV.A.ii. If the parties have not so moved by that date, the Clerk of Court will be directed to unseal the documents. SO ORDERED. ( Motions due by 7/23/2021.) (Signed by Judge Analisa Torres on 7/16/2021) (va)
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Filing 41
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. All fact discovery shall be completed no later than 120 days from the date of this order. Depositions to be completed by 120 days from the date of this order. Counsel for the parties have conferred and their present best estimate of the length of trial is: 5 days. Case Management Conference set for 12/1/2021 at 10:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 7/13/2021) (kv)
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| Filing 40 LETTER addressed to Judge Analisa Torres from Patrick M. Kennell dated 06/29/2021 re: DEFENDANTS POSITION WITH RESPECT TO DIVERSITY PURSUANT TO 28 U.S.C. 1332. Document filed by Forge Underwriting Limited..(Kennell, Patrick) |
| Filing 39 ***SELECTED PARTIES*** LETTER addressed to Judge Analisa Torres from Alexander M. Sugzda dated June 29, 2021 re: Joint Letter Pursuant to Initial Pretrial Scheduling Order. Document filed by Forge Underwriting Limited, RSE Markets, Inc..Motion or Order to File Under Seal: #34 .(Sugzda, Alexander) |
| Filing 38 ***SELECTED PARTIES*** LETTER addressed to Judge Analisa Torres from Patrick M. Kennell dated 06/28/2021 re: DEFENDANTS RESPONSE TO PLAINTIFFS PUTATIVE MOTION FOR SUMMARY JUDGMENT. Document filed by RSE Markets, Inc., Forge Underwriting Limited. (Attachments: #1 Exhibit A - December 2019 Emails)Motion or Order to File Under Seal: #34 .(Kennell, Patrick) |
| Filing 37 ***SELECTED PARTIES*** LETTER addressed to Judge Analisa Torres from Alexander M. Sugzda dated June 25, 2021 re: Opposition to Forge Pre-Motion Letter. Document filed by Forge Underwriting Limited, RSE Markets, Inc..Motion or Order to File Under Seal: #34 .(Sugzda, Alexander) |
| Filing 36 ***SELECTED PARTIES*** LETTER addressed to Judge Analisa Torres from Alexander M. Sugzda dated June 21, 2021 re: Pre-Motion Letter for Plaintiff's Motion for Partial Summary Judgment. Document filed by Forge Underwriting Limited, RSE Markets, Inc..Motion or Order to File Under Seal: #34 .(Sugzda, Alexander) |
| Filing 35 ***SELECTED PARTIES*** LETTER addressed to Judge Analisa Torres from Patrick M. Kennell dated 06/18/2021 re: PRE-MOTION LETTER DEFENDANTS RULE 12(b)(6) MOTION TO DISMISS. Document filed by Forge Underwriting Limited.Motion or Order to File Under Seal: #34 .(Kennell, Patrick) |
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Filing 34
STIPULATION AND PROTECTIVE ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Analisa Torres on 6/15/2021) (kv)
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Filing 33
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by June 29, 2021, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set fo1ih below. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 6/15/2021) (kv)
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Filing 32
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 6/15/2021) (kv)
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Filing 31
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 6/15/2021) (kv)
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| Filing 30 PROPOSED STIPULATION AND ORDER. Document filed by RSE Markets, Inc...(Sugzda, Alexander) |
| Filing 29 NOTICE OF APPEARANCE by Patrick Michael Kennell on behalf of Forge Underwriting Limited..(Kennell, Patrick) |
| Filing 28 NOTICE OF APPEARANCE by Alexander Michael Sugzda on behalf of RSE Markets, Inc...(Sugzda, Alexander) |
| Filing 27 NOTICE OF APPEARANCE by Robin L. Cohen on behalf of RSE Markets, Inc...(Cohen, Robin) |
| Filing 26 CASE TRANSFERRED IN from the United States District Court - District of Delaware; Case Number: 1:21-cv-00520. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge Barbara C. Moses 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. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case 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. (sjo) |
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Filing 25
ORDER TRANSFERRING CASE: The case is TRANSFERRED to the United States District Court for the Southern District of New York. Signed by Judge Richard G. Andrews on 5/18/2021. (nms) [Transferred from Delaware on 5/19/2021.]
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| Filing 24 [SEALED] OPENING BRIEF in Support re #17 MOTION to Transfer Venue filed by Forge Underwriting Limited.Answering Brief/Response due date per Local Rules is 6/1/2021. (Attachments: #1 Certificate of Service)(Abrams, Richard) (Additional attachment(s) added on 5/18/2021: #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (nms). [Transferred from Delaware on 5/19/2021.] |
| CORRECTING ENTRY: D.I. 25 has been removed from the docket. Exhibits A through F filed at that entry have been added to the filing at D.I. #24 . (nms) [Transferred from Delaware on 5/19/2021.] |
| Case transferred to the United States District Court for the Southern District of New York. (nms) [Transferred from Delaware on 5/19/2021.] |
| Filing 23 MOTION for Extension of Time to Respond to Complaint - filed by Forge Underwriting Limited. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Abrams, Richard) Modified on 5/17/2021 (nms). [Transferred from Delaware on 5/19/2021.] |
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Filing 22
ORDER Granting #19 UNOPPOSED Motion for Authorization to File Under Seal. Signed by Judge Richard G. Andrews on 5/17/2021. (nms) [Transferred from Delaware on 5/19/2021.]
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| Filing 21 CERTIFICATE OF SERVICE of Sealed Exhibits (D.I.20), by Forge Underwriting Limited. (Abrams, Richard) Modified on 5/17/2021 (nms). [Transferred from Delaware on 5/19/2021.] |
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SO ORDERED, Granting #23 MOTION for Extension of Time to Respond to Complaint (*Reset Answer Deadlines: Forge Underwriting Limited answer due 6/7/2021). Ordered by Judge Richard G. Andrews on 5/17/2021. (nms) [Transferred from Delaware on 5/19/2021.]
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| DEFICIENCY NOTICE by the Court issued to Forge Underwriting Limited re #20 Sealed Exhibits. This filing does not comply with Local Rule 5.2(b)(2). Defendant is to supplement the docket accordingly (nms) [Transferred from Delaware on 5/19/2021.] |
| Filing 20 [SEALED] Exhibits to #19 UNOPPOSED Motion for Authorization to File Motion to Transfer Under Seal, by Forge Underwriting Limited. (Attachments: #1 Exhibit)(Abrams, Richard) Modified on 5/17/2021 (nms). [Transferred from Delaware on 5/19/2021.] |
| Filing 19 UNOPPOSED Motion for Authorization to File Motion to Transfer Under Seal - filed by Forge Underwriting Limited. (Attachments: #1 Proposed Order, #2 7.1.1 Statement, #3 Certificate of Service)(Abrams, Richard) Modified on 5/17/2021 (nms). [Transferred from Delaware on 5/19/2021.] |
| Filing 18 REDACTED VERSION of #5 Sealed Exhibits, by Forge Underwriting Limited. (Abrams, Richard) Modified on 5/17/2021 (nms). [Transferred from Delaware on 5/19/2021.] |
| CORRECTING ENTRY: The motion to seal filed at D.I. 16 has been removed from the docket per a discussion between the parties and chambers. Counsel for Defendant will file a new application to seal. (nms) [Transferred from Delaware on 5/19/2021.] |
| REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #5 . (nms) [Transferred from Delaware on 5/19/2021.] |
| CORRECTING ENTRY: The motion filed at D.I. 18 has been removed from the docket as it appeared to be a duplication of the motion already on file at D.I. 16 . (nms) [Transferred from Delaware on 5/19/2021.] |
| Filing 17 MOTION to Transfer Venue- filed by Forge Underwriting Limited. (Attachments: (2) Certificate of Service)(Abrams, Richard) Modified on 5/9/2021 (nms). Modified on 5/9/2021 (nms). [Transferred from Delaware on 5/19/2021.] |
| CORRECTING ENTRY: Attachment 1 to D.I. 17 has been removed and will be re-docketed under seal. (lak) [Transferred from Delaware on 5/19/2021.] |
| Filing 15 Joint Statement Pursuant to Local Rule 81.2, by RSE Markets, Inc.. (Wasson, Jennifer) Modified on 5/3/2021 (nms). [Transferred from Delaware on 5/19/2021.] |
| Filing 14 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by RSE Markets, Inc.. (Wasson, Jennifer) [Transferred from Delaware on 5/19/2021.] |
| Pro Hac Vice Attorneys Stefan R. Dandelles and Brendan P. McGarry for Forge Underwriting Limited added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) [Transferred from Delaware on 5/19/2021.] |
| Filing 13 AFFIDAVIT of Service for Complaint served on Forge Underwriting Limited on March 26, 2021, filed by RSE Markets, Inc.. (Attachments: #1 Exhibit A and B)(Jones, Carla) [Transferred from Delaware on 5/19/2021.] |
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SO ORDERED, re #12 MOTION for Extension of Time to Respond to Complaint (*Reset Answer Deadlines: Forge Underwriting Limited answer due 5/18/2021). Signed by Judge Richard G. Andrews on 4/20/2021. (nms) [Transferred from Delaware on 5/19/2021.]
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| Filing 12 MOTION for Extension of Time to Respond to Complaint - filed by Forge Underwriting Limited. (Abrams, Richard) Modified on 4/20/2021 (nms). [Transferred from Delaware on 5/19/2021.] |
| Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Brendan McGarry - filed by Forge Underwriting Limited. (Attachments: #1 Certification, #2 Certificate of Service)(Abrams, Richard) [Transferred from Delaware on 5/19/2021.] |
| Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Stefan Dandelles - filed by Forge Underwriting Limited. (Attachments: #1 Certification, #2 Certificate of Service)(Abrams, Richard) [Transferred from Delaware on 5/19/2021.] |
| CORRECTING ENTRY: The pro hac motions filed at D.I. 10 and 11 on 4/14/2021, have been removed from the docket. The filings contained errors on page 1. Counsel for Defendant will refile corrected motions. (nms) [Transferred from Delaware on 5/19/2021.] |
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SO ORDERED, re #11 MOTION for Pro Hac Vice Appearance of Attorney Brendan McGarry, filed by Forge Underwriting Limited. Signed by Judge Richard G. Andrews on 4/15/2021. (nms) [Transferred from Delaware on 5/19/2021.]
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SO ORDERED, re #10 MOTION for Pro Hac Vice Appearance of Attorney Stefan Dandelles, filed by Forge Underwriting Limited. Signed by Judge Richard G. Andrews on 4/15/2021. (nms) [Transferred from Delaware on 5/19/2021.]
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Filing 9
ORAL ORDER: The Motions for Pro Hac Vice Appearance (D.I. #7 and D.I. #8 ) are DENIED without prejudice. Motions need to be made and signed by Local Delaware counsel (see Local Rules, Form for Motion for Admission Pro Hac Vice, p. 40). Ordered by Judge Richard G. Andrews on 4/14/2021. (nms) [Transferred from Delaware on 5/19/2021.]
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| Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Stefan Dandelles - filed by Forge Underwriting Limited. (Attachments: #1 Certification, #2 Certificate of Service)(Abrams, Richard) [Transferred from Delaware on 5/19/2021.] |
| Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Brendan McGarry - filed by Forge Underwriting Limited. (Attachments: #1 Certification, #2 Certificate of Service)(Abrams, Richard) [Transferred from Delaware on 5/19/2021.] |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) [Transferred from Delaware on 5/19/2021.] |
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Filing 6
ORDER granting #1 Motion to Seal. Signed by Judge Colm F. Connolly on 04/12/2021. (apk) [Transferred from Delaware on 5/19/2021.]
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| Filing 5 [SEALED] Exhibit to #2 Notice of Removal, by Forge Underwriting Limited. (apk) Modified on 4/14/2021 (nms). [Transferred from Delaware on 5/19/2021.] |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Forge Underwriting Limited. (apk) [Transferred from Delaware on 5/19/2021.] |
| Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) [Transferred from Delaware on 5/19/2021.] |
| Filing 2 NOTICE OF REMOVAL from DE Superior Court, Case Number N21C-03-181 PRWCCLD (Filing fee $402, receipt number ADEDC-3591021)- filed by Forge Underwriting Limited. (Attachments: #1 Certificate of Service, #2 Civil Cover Sheet)(apk) Modified on 4/14/2021 (nms). [Transferred from Delaware on 5/19/2021.] |
| Filing 1 MOTION For Authorization to File Under Seal - filed by Forge Underwriting Limited. (Attachments: #1 Proposed Order)(apk) Modified on 4/14/2021 (nms). [Transferred from Delaware on 5/19/2021.] |
| Remark: Case Submitted for Routine Judicial Assignment. (apk) [Transferred from Delaware on 5/19/2021.] |
| Remark: Exit Copies to Duty Judge (CFC) (apk) [Transferred from Delaware on 5/19/2021.] |
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