Assante et al v. QuantumScape Corporation
| Michael Assante, John Wilschke and Headwaters Holdings LLC |
| QuantumScape Corporation |
| 1:2021cv09565 |
| November 18, 2021 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Securities/Commodities |
| 28 U.S.C. § 1331 sv |
| Plaintiff |
Docket Report
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Filing 18
ORDER granting (54) Motion to Dismiss in case 1:20-cv-10842-LGS. ORDERED that QuantumScape's motion is GRANTED. Plaintiffs' negligent misrepresentation claims are DISMISSED in the BJI and Assante Actions. It is further ORDERED that Plaintiff Jakubiak and Plaintiffs shall file a consolidated complaint by January 21, 2022. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 54.. (Signed by Judge Lorna G. Schofield on 1/14/2022) Filed In Associated Cases: 1:20-cv-10842-LGS, 1:21-cv-08755-LGS, 1:21-cv-09565-LGS (ks)
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| Set/Reset Deadlines: Amended Pleadings due by 1/21/2022. Associated Cases: 1:20-cv-10842-LGS, 1:21-cv-08755-LGS, 1:21-cv-09565-LGS(ks) |
| Filing 17 MEMO ENDORSEMENT on re: (51 in 1:20-cv-10842-LGS) Letter, filed by Michael Assante, Brian Walsh, John Wilschke, Headwaters Holdings LLC, BJI Financial Group, Jeffrey Jakubiak. ENDORSEMENT: By December 30, 2021, Defendant shall file a letter motion to dismiss the remaining negligent misrepresentation claims. The letter may state, without summary, that Defendant is incorporating all prior briefing on this issue. The letter shall state whether there are different allegations in BJI Financial Group or Assante that warrant a deviation from the ruling on the negligent misrepresentation claim in Jakubiak. By January 7, 2022, Plaintiffs shall file a letter in response. The letter may incorporate all prior briefing on this issue without summary and shall state whether there are any different allegations that warrant a deviation from the ruling in Jakubiak. By January 12, 2022, Defendant shall file a reply. Plaintiffs' letter shall not exceed five single-spaced pages and Defendants' letters shall not exceed five single-spaced pages in total. (Motions due by 12/30/2021, Responses due by 1/7/2022, Replies due by 1/12/2022.) (Signed by Judge Lorna G. Schofield on 12/17/2021) Filed In Associated Cases: 1:20-cv-10842-LGS, 1:21-cv-08755-LGS, 1:21-cv-09565-LGS (mml) |
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Filing 16
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. The parties in the Jakubiak Action attended mediation on March 11, 2021 (through the District's Mediation Program). The mediation was not successful in resolving or narrowing any issues. Fact discovery deadline is 120 days after the answer is due in last filed related case and will aid in coordinating discovery. The parties request nine extra days due to the timing of the July 4th weekend and because there are 5 plaintiffs between three related actions. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 7-8 days. On June 15, 2022, at 4:20 P.M. a pre-motion conference will be held for any anticipated dispositive motions. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. Amended Pleadings due by 1/18/2022. Joinder of Parties due by 1/18/2022. Fact Discovery due by 4/15/2022. Expert Discovery due by 5/30/2022. Telephone Conference set for 6/15/2022 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 12/17/2021) Filed In Associated Cases: 1:20-cv-10842-LGS, 1:21-cv-08755-LGS, 1:21-cv-09565-LGS (ate)
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Filing 15
ORDER: granting (49) Letter Motion to Consolidate Cases 20cv10842 (as Lead Case) with 21cv8755,21cv9565 in case 1:20-cv-10842-LGS. ORDERED that the above-captioned actions are consolidated for purposes of discovery and motion practice. The Court will address the question of separate or consolidated trial of the actions following the completion of discovery and dispositive motions. Any further filings in the above-captioned actions shall be made solely on the docket for No. 20 Civ. 10842, the first-filed and lead case, until further notice. It is further ORDERED that by December 16, 2021, the parties shall submit a joint letter stating whether the Plaintiffs are differently situated and whether a consolidated Complaint should be filed. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 49 in No. 20 Civ. 10842. (Signed by Judge Lorna G. Schofield on 12/13/2021) Filed In Associated Cases: 1:20-cv-10842-LGS, 1:21-cv-08755-LGS, 1:21-cv-09565-LGS (ama)
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| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-10842-LGS.. (ama) |
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Filing 14
ORDER granting #13 Motion for Rebecca L. Epstein to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Rebecca L. Epstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25367521. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 13 MOTION for Rebecca L. Epstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25367521. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by QuantumScape Corporation. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Epstein, Rebecca) |
| Filing 12 NOTICE OF APPEARANCE by Cynthia Chen on behalf of QuantumScape Corporation..(Chen, Cynthia) |
| Filing 11 NOTICE OF APPEARANCE by David Spears on behalf of QuantumScape Corporation..(Spears, David) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Volkswagen Group of America Investments, LLC, Other Affiliate Volkswagen AG for QuantumScape Corporation. Document filed by QuantumScape Corporation..(Bassin, Sheryl) |
| Filing 9 NOTICE OF APPEARANCE by Sheryl Shapiro Bassin on behalf of QuantumScape Corporation..(Bassin, Sheryl) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to QuantumScape Corporation. (vf) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to QuantumScape Corporation, re: #3 Complaint. Document filed by Michael Assante, Headwaters Holdings LLC, John Wilschke..(Keller, Gregory) |
| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case. (aea) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Kevin Nathaniel Fox 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. (aea) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #3 Complaint. Filing fee $ 402.00. Pay.gov receipt number ANYSDC-25354141, paid on 11/18/2021..(jgo) |
| CASE REFERRED TO Judge Lorna G. Schofield as possibly related to 20-cv-10842. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-10842-LGS. Notice of Assignment to follow. (aea) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gregory Edward Keller to RE-FILE Document No. #2 Request for Issuance of Summons,. The filing is deficient for the following reason(s): summons request must be linked to the pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 6 NOTICE OF APPEARANCE by Carol S. Shahmoon on behalf of Michael Assante, Headwaters Holdings LLC, John Wilschke..(Shahmoon, Carol) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Michael Assante, Headwaters Holdings LLC, John Wilschke..(Keller, Gregory) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-Civ-10842(LGS). Document filed by Michael Assante, Headwaters Holdings LLC, John Wilschke..(Keller, Gregory) |
| Filing 3 COMPLAINT against QuantumScape Corporation. Document filed by Michael Assante, Headwaters Holdings LLC, John Wilschke..(Keller, Gregory) |
| Filing 2 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to QuantumScape Corporation, re: Complaint. Document filed by Michael Assante, Headwaters Holdings LLC, John Wilschke..(Keller, Gregory) Modified on 11/19/2021 (jgo). |
| Filing 1 CIVIL COVER SHEET filed..(Keller, Gregory) |
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