BJ66, LLC v. KOGV, LLC et al
| BJ66, LLC |
| KOGV, LLC, GISELLE DEIACO, ROBERTO DEIACO, JOHN DOE and Daniel Donnelly |
| 1:2022cv00617 |
| January 24, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Contract: Other |
| 15 U.S.C. § 77 Securities Fraud |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 19, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 28
ORDER: IT IS HEREBY ORDERED that, due to a scheduling conflict for the Court, the initial pretrial conference is ADJOURNED to March 28, 2022 at 12:00 p.m. in Courtroom 443, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY. Per the SDNY COVID-19 Courthouse Entry Program, any person who appears at any SDNY courthouse must complete a questionnaire. Please see the enclosed instructions. Completing the questionnaire ahead of time will save time and effort upon entry. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact chambers promptly if you or your client do not meet the requirements. SO ORDERED. ( Initial Conference set for 3/28/2022 at 12:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/22/2022) (tg)
|
| Filing 27 NOTICE OF APPEARANCE by Paul I Perkins on behalf of BJ66, LLC..(Perkins, Paul) |
|
Filing 26
MEMO ENDORSEMENT on re: #25 Letter, filed by KOGV, LLC, Giselle Deiaco, Roberto Deiaco. ENDORSEMENT: The initial pretrial conference will take place as scheduled on March 25, 2022. Due to a conflict for the Court, the time is changed from 2:00 to 2:30 p.m. The conference will take place in-person in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. The parties are directed not to file any additional letters before the March 25, 2022 conference. SO ORDERED. ( Initial Conference set for 3/25/2022 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 3/18/2022) (tg)
|
| Filing 25 LETTER addressed to Judge Valerie E. Caproni from Omid Zareh, Esq. dated March 17, 2022 re: Plaintiff's Filing of INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by BJ66, LLC. Docket # 24. Document filed by Giselle Deiaco, Roberto Deiaco, KOGV, LLC..(Zareh, Omid) |
| Filing 24 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by BJ66, LLC. (Attachments: #1 Exhibit Case Management Plan and Scheduling Order).(Perkins, Paul) |
|
Filing 23
MEMO ENDORSEMENT on re: #22 Amended Complaint filed by BJ66, LLC. ENDORSEMENT: Pursuant to Federal Rule of Civil Procedure 15(a)(1), a party may only amend its pleading once as a matter of course: (1) within 21 days after serving the original pleading; or (2) within 21 days after service of a responsive pleading. Here, Plaintiff served its original Complaint on January 27 and 28, 2022 see Dkts. 11-13; thus, Plaintiff's March 8, 2022 Amended Complaint was not filed within 2l days of service of the original pleading. Further, Defendants have not yet filed a responsive pleading, as they need not until April 20, 2022. See Dkt. 20. Accordingly, Plaintiff does not have the right at this time to file an Amended Complaint. Even if it did, Plaintiff's Amended Complaint does not comply with Rule 4(E) of the Undersigned's Individual Practices in Civil Cases. Accordingly, the Clerk of Court is respectfully directed to strike docket entry 22. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/10/2022) (tg)
|
| Filing 22 ***STRICKEN DOCUMENT. Document number #22 has been stricken from the case record. The document was stricken from this case pursuant to #23 Order. FIRST AMENDED COMPLAINT amending #1 Complaint against Giselle Deiaco, Roberto Deiaco, KOGV, LLC, Daniel Donnelly.Document filed by BJ66, LLC. Related document: #1 Complaint..(Perkins, Paul) Modified on 3/10/2022 (tg). |
| Set/Reset Deadlines: Giselle Deiaco answer due 4/20/2022; Roberto Deiaco answer due 4/20/2022; KOGV, LLC answer due 4/20/2022. (tg) |
| Filing 21 NOTICE OF APPEARANCE by Omid Zareh on behalf of Giselle Deiaco, Roberto Deiaco, KOGV, LLC..(Zareh, Omid) |
|
Filing 20
MEMO ENDORSEMENT on re: #19 Letter filed by KOGV, LLC, Giselle Deiaco, Roberto Deiaco. ENDORSEMENT: Counsel for Defendant has not yet filed a notice of appearance in this case and must do so no later than March 8, 2022. Further, the parties are reminded to act professionally and collegially with each other. The Court's February 28, 2022 Order, see Dkt. 17, to apply for default judgment is CANCELED. Defendants must answer or otherwise respond to Plaintiff's complaint by April 20, 2022. The parties are also reminded that an initial pretrial conference is scheduled for March 25, 2022 at 2:00 p.m. The conference will be held in person in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. The parties' joint submission is due by March 17, 2022. SO ORDERED. Giselle Deiaco answer due 3/8/2022; Roberto Deiaco answer due 3/8/2022; KOGV, LLC answer due 3/8/2022. (Signed by Judge Valerie E. Caproni on 3/7/2022) (tg)
|
| Filing 19 LETTER addressed to Judge Valerie E. Caproni from Weinberg Zareh Malkin Price LLP dated 03/07/2022 re: Letter Requesting Extension. Document filed by Giselle Deiaco, Roberto Deiaco, KOGV, LLC..(Zareh, Omid) |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by BJ66, LLC. (Attachments: #1 Declaration of Bruce E. Baldinger, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Declaration of Paul I. Perkins, Esq., #11 Text of Proposed Order Proposed Default Judgment).(Perkins, Paul) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 3/7/2022 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Paul Perkins regarding Document No. #18 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): The filing is premature. You need to obtain a clerk's certificate of default first. (km) |
|
Filing 17
ORDER, IT IS HEREBY ORDERED that Plaintiff must apply for a default judgment against Defendants KOGV, LLC, Giselle Deiaco, and Roberto Deiaco, consistent with the procedures described in Attachment A to the undersigneds Individual Practices by March 11, 2022, or the case will be dismissed for failure to prosecute. SO ORDERED. ( Motions due by 3/11/2022.) (Signed by Judge Valerie E. Caproni on 2/28/22) (yv)
|
| Filing 16 PROPOSED ORDER. Document filed by BJ66, LLC. Related Document Number: #14 ..(Perkins, Paul) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 15 DECLARATION of Bruce E. Baldinger in Support re: #14 MOTION to Compel KOGV, LLC, Giselle Deiaco and Roberto Deiaco to Produce Books, Records and Other Information Detailed in Declaration of Bruce E. Baldinger.. Document filed by BJ66, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E).(Perkins, Paul) |
| Filing 14 MOTION to Compel KOGV, LLC, Giselle Deiaco and Roberto Deiaco to Produce Books, Records and Other Information Detailed in Declaration of Bruce E. Baldinger. Document filed by BJ66, LLC..(Perkins, Paul) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #16 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint. KOGV, LLC served on 1/28/2022, answer due 2/18/2022. Service was accepted by John Doe, General Agent. Document filed by BJ66, LLC..(Perkins, Paul) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Roberto Deiaco served on 1/27/2022, answer due 2/17/2022. Service was accepted by Lucas D - Coworker. Document filed by BJ66, LLC..(Perkins, Paul) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Giselle Deiaco served on 1/27/2022, answer due 2/17/2022. Service was accepted by Lucas D - Coworker. Document filed by BJ66, LLC..(Perkins, Paul) |
| Filing 10 NOTICE OF INITIAL PRETRIAL CONFERENCE: At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 0617. Initial Conference set for 3/25/2022 at 02:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 1/26/2022) (tg) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Roberto Deiaco..(pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Giselle Deiaco..(pc) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to KOGV, LLC..(pc) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Roberto Deiaco, re: #1 Complaint. Document filed by BJ66, LLC..(Baldinger, Bruce) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Giselle Deiaco, re: #1 Complaint. Document filed by BJ66, LLC..(Baldinger, Bruce) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to KOGV, LLC, re: #1 Complaint. Document filed by BJ66, LLC..(Baldinger, Bruce) |
| Filing 3 CIVIL COVER SHEET filed..(Baldinger, Bruce) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Paul I Perkins to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paul I Perkins. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,500,000,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $1,500,000; the County code has been modified to XX Out of State;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul I Perkins. The party information for the following party/parties has been modified: GISELLE DEIACO, ROBERTO DEIACO, JOHN DOE. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Paul I Perkins to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; File each summons separately or create a rider listing every party;. 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. (pc) |
| 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..(pc) |
| Case Designated ECF. (pc) |
| 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. (pc) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to KOGV, LLC, Giselle Deiaco, Robert Deiaco, re: #1 Complaint. Document filed by BJ66, LLC. (Attachments: #1 Summons - Giselle Deiaco, #2 Summons - Roberto Deiaco).(Perkins, Paul) Modified on 1/25/2022 (pc). |
| Filing 1 COMPLAINT against GISELLE DEIACO, ROBERTO DEIACO, JOHN DOE, KOGV, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25626118)Document filed by BJ66, LLC. (Attachments: #1 Civil Cover Sheet).(Perkins, Paul) |
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.
