Cyber Apps World, Inc. v. EMA Financial, LLC
| Cyber Apps World, Inc. |
| Ema Financial, LLC |
| 1:2021cv10302 |
| December 3, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E Caproni |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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Filing 27
ORDER denying as moot #13 Motion to Dismiss; denying as moot #16 Motion to Dismiss. IT IS HEREBY ORDERED that Defendants' motion to dismiss is DENIED as moot. The Clerk of Court is respectfully directed to close the open motions at docket entries 13 and 16. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/31/2022) (tg)
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| Filing 26 AMENDED COMPLAINT against Ema Financial, LLC with JURY DEMAND.Document filed by Cyber Apps World, Inc.. (Attachments: #1 Exhibit Securities Purchase Agreement, #2 Exhibit Convertible Note, #3 Exhibit Conversion Notices).(Pohl, David) |
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Filing 25
ORDER granting #23 Letter Motion for Extension of Time to Amend #23 FIRST LETTER MOTION for Extension of Time to Amend and for Adjournment of 1/7/22 Conference addressed to Judge Valerie E. Caproni from David M. Pohl dated 12/27/21. Plaintiff's deadline to file a response to the motion to dismiss or an amended pleading in lieu of responding is Friday, January 14, 2022, not Friday, January 7, 2022. See Order, Dkt. 19. The Court encourages counsel to read all Court orders carefully. Plaintiff's request to extend that deadline is granted. Plaintiff's amended pleading or response to the motion to dismiss is due no later than Friday, January 28, 2022. If Plaintiff responds in opposition to the motion to dismiss, Defendant's reply in support of its motion is due no later than Friday, February 11, 2022. The initial pretrial conference, currently scheduled for Friday, January 7, 2022 at 3:00 P.M., is adjourned to Friday, February 11, 2022 at 10:30 A.M. Pre-conference submissions are due no later than Thursday, February 3, 2022. For the conference dial in information and a description of the pre-conference submission requirements, the parties should consult the Court's order at docket entry 12. SO ORDERED. Amended Pleadings due by 1/28/2022. (Signed by Judge Valerie E. Caproni on 12/28/2021) (vfr)
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Filing 24
MEMO ENDORSEMENT granting #21 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate Thomas Edwards as counsel for Defendant. The Clerk is further directed to close the open motion at docket entry 21. SO ORDERED. Attorney F. Thomas Edwards terminated. (Signed by Judge Valerie E. Caproni on 12/28/2021) (vfr)
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| Set/Reset Deadlines: ( Responses due by 1/28/2022, Replies due by 2/11/2022.), Set/Reset Hearings:( Initial Conference set for 2/11/2022 at 10:30 AM before Judge Valerie E. Caproni.) (vfr) |
| Filing 23 FIRST LETTER MOTION for Extension of Time to Amend and for Adjournment of 1/7/22 Conference addressed to Judge Valerie E. Caproni from David M. Pohl dated 12/27/21. Document filed by Cyber Apps World, Inc...(Pohl, David) |
| Filing 22 DECLARATION of F. Thomas Edwards in Support re: #21 MOTION for F. Thomas Edwards to Withdraw as Attorney .. Document filed by Ema Financial, LLC..(Fleischmann, Jeffrey) |
| Filing 21 MOTION for F. Thomas Edwards to Withdraw as Attorney . Document filed by Ema Financial, LLC..(Fleischmann, Jeffrey) |
| Filing 20 NOTICE OF APPEARANCE by David Matthew Pohl on behalf of Cyber Apps World, Inc...(Pohl, David) |
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Filing 19
ORDER with respect to #13 Motion to Dismiss; with respect to #16 Motion to Dismiss. IT IS HEREBY ORDERED that any response in opposition to the motion is due no later than Friday, January 14, 2022 and any reply in support is due no later than Friday, January 28, 2022. The Court reminds Plaintiff that in lieu of responding to the motion to dismiss, Plaintiff may file an amended complaint in line with Rule 4(E)(i) of the undersigned's Individual Practices in Civil Cases. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/20/2021) (tg)
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Filing 18
MEMO ENDORSEMENT denying without prejudice #17 Motion to Withdraw as Attorney. ENDORSEMENT: Application DENIED without prejudice. Any motion to withdraw must comply with SDNY Local Civil Rule 1.4. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/20/2021) (tg)
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| Set/Reset Deadlines: Responses due by 1/14/2022 Replies due by 1/28/2022. (tg) |
| Filing 17 MOTION for F. Thomas Edwards to Withdraw as Attorney . Document filed by Ema Financial, LLC..(Fleischmann, Jeffrey) |
| Filing 16 MOTION to Dismiss Corrected. Document filed by Ema Financial, LLC..(Fleischmann, Jeffrey) |
| Filing 15 MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss . . Document filed by Ema Financial, LLC..(Fleischmann, Jeffrey) |
| Filing 14 DECLARATION of Jeffrey Fleischmann in Support re: #13 MOTION to Dismiss .. Document filed by Ema Financial, LLC. (Attachments: #1 Exhibit A - Complaint).(Fleischmann, Jeffrey) |
| Filing 13 MOTION to Dismiss . Document filed by Ema Financial, LLC..(Fleischmann, Jeffrey) |
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Filing 12
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 January 7, 2022 at 3:00 p.m. by teleconference. At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 0302. The parties are directed to submit a joint letter of no more than five pages by December 30, 2021, addressing the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) any contemplated motions; (3) the basis for subject matter jurisdiction; and (4) the prospect for settlement. And as set forth herein. SO ORDERED.Telephone Initial Conference set for 1/7/2022 at 03:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 12/03/2021) (ama)
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| Filing 11 NOTICE OF APPEARANCE by Jeffrey Fleischmann on behalf of Ema Financial, LLC..(Fleischmann, Jeffrey) |
| Filing 10 CASE TRANSFERRED IN from the United States District Court - District of Nevada; Case Number: 2:21-cv-01201. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge Sarah L. Cave 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case 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. (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) |
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Filing 9
ORDER Granting #4 Motion to Change Venue. Signed by Judge Jennifer A. Dorsey on 12/1/2021. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 12/3/2021.]
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| Filing 8 Joint STATUS REPORT Regarding Removed Action by Defendant EMA Financial, LLC. (Edwards, F.) [Transferred from Nevada on 12/3/2021.] |
| Filing 7 REPLY to Response to #4 Motion to Change Venue by Defendant EMA Financial, LLC. (Edwards, F.) [Transferred from Nevada on 12/3/2021.] |
| Filing 6 RESPONSE to #4 Motion to Change Venue by Plaintiff Cyber Apps World, Inc.. Replies due by 7/23/2021. (Fuller, Rebecca) [Transferred from Nevada on 12/3/2021.] |
| Filing 5 STATEMENT REGARDING REMOVAL by Defendant EMA Financial, LLC. (Edwards, F.) [Transferred from Nevada on 12/3/2021.] |
| Filing 4 MOTION to Change Venue. Motion to Transfer This Action to Southern District of New York Responses due by 7/14/2021. (Attachments: #1 Exhibit A, #2 Exhibit B) (Edwards, F.) [Transferred from Nevada on 12/3/2021.] |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 6/25/2021. Statement regarding removed action is due by 7/10/2021. Joint Status Report regarding removed action is due by 7/25/2021. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 12/3/2021.] |
| Filing 2 CERTIFICATE of Interested Parties by EMA Financial, LLC that identifies all parties that have an interest in the outcome of this case. Other Affiliate Felicia Preston for EMA Financial, LLC added. (Edwards, F.) [Transferred from Nevada on 12/3/2021.] |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Clark County, Nevada, Case Number A-21-836005-B, (Filing fee $ 402 receipt number 0978-6536701) by EMA Financial, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A Complaint pp 1-9, #3 Exhibit Exhibit A Complaint pp 10-29, #4 Exhibit Exhibit A Complaint pp 30-49, #5 Exhibit Exhibit A Complaint pp 50-57, #6 Exhibit Exhibit A Complaint pp 58-69, #7 Exhibit Exhibit A Complaint pp 70-77, #8 Exhibit Exhibit A Complaint pp 78-88, #9 Exhibit Exhibit B Initial Appearance Fee Disclosure, #10 Exhibit Exhibit C Summons, #11 Exhibit Exhibit D Clerks Notice of Nonconforming Document, #12 Exhibit Exhibit E Affidavit of Service, #13 Exhibit Exhibit F Docket for State Court Action A-21-836005-B) (Edwards, F.) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 12/3/2021.] |
| Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Cam Ferenbach. (JQC) [Transferred from Nevada on 12/3/2021.] |
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| Plaintiff: Cyber Apps World, Inc. | |
| Represented By: | Rebecca A. Fuller |
| Represented By: | David Matthew Pohl |
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| Defendant: Ema Financial, LLC | |
| Represented By: | F. Thomas Edwards |
| Represented By: | Jeffrey Fleischmann |
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