Clifford et al v. Janklow et al
| Stephanie Clifford, Stormy Daniels and Stormy Entertainment, Inc. |
| Lucas Janklow and Janklow Partners, LLC doing business as Janklow & Nesbit Associates |
| 1:2022cv01259 |
| February 15, 2022 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 21
SCHEDULING ORDER: After reviewing the arguments set out in Defendants' submissions, IT IS HEREBY ORDERED that the motion for a pre-motion conference is DENIED, and defendant is GRANTED leave to file a motion to dismiss on the schedule set forth below. IT IS FURTHER ORDERED that on or before April 22, 2022, Plaintiffs must inform the Court via letter whether they intend to amend the complaint. Plaintiffs are on notice that declining to amend their pleadings to timely respond to arguments raised in the defendant's letter may well constitute a waiver of Plaintiffs' right to use the amendment process to cure any defects that have been made apparent by Defendants' pre-motion letter request. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC., 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). IT IS FURTHER ORDERED that if the Plaintiffs do not amend their complaint, Defendants must file their motion to dismiss on or before May 6, 2022. Further briefing shall be submitted on the schedule set forth in Local Rule 6.1(b). IT IS FURTHER ORDERED that if the Plaintiffs elect to amend their complaint, the amended complaint is due on or before May 6, 2022. Defendants must respond to any amended complaint within 14 days of its filing. In the event Defendants file a new motion to dismiss, the briefing for that motion will be on the schedule set forth in Local Rule 6.1(b). Any request for an extension or adjournment shall be made by letter filed on ECF and must be received at least 48 hours before the deadline. SO ORDERED. Amended Pleadings due by 5/6/2022. Motions due by 5/6/2022. (Signed by Judge Mary Kay Vyskocil on 4/8/2022) (tg)
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| Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint. Janklow Partners, LLC served on 3/29/2022, answer due 4/19/2022. Document filed by Stephanie Clifford; Stormy Entertainment, Inc...(Kuzow, Michael) |
| Filing 19 AFFIDAVIT OF SERVICE of Summons and Complaint. Lucas Janklow served on 4/4/2022, answer due 4/25/2022. Service was accepted by Claire Dippel. Document filed by Stephanie Clifford; Stormy Entertainment, Inc...(Kuzow, Michael) |
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Filing 18
ORDER DENYING REQUEST TO REASSIGN CASE:IT IS HEREBY ORDERED that Defendants' request that this case be reassigned to Judge Furman is DENIED. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 4/5/2022) (tg)
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| Filing 17 LETTER addressed to Judge Mary Kay Vyskocil from Lani A. Adler dated April 4, 2022 re: Request for this case to be reassigned from Judge Vyskocil to Judge Furman pursuant to Local Civil Rule 1.6(a). Document filed by Lucas Janklow, Janklow Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Adler, Lani) |
| Filing 16 LETTER addressed to Judge Jesse M. Furman from Lani A. Adler dated April 4, 2022 re: Request for this case to be reassigned from Judge Vyskocil to Judge Furman pursuant to Local Civil Rule 1.6(a). Document filed by Lucas Janklow, Janklow Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Adler, Lani) |
| Filing 15 NOTICE OF APPEARANCE by Lani A. Adler on behalf of Lucas Janklow, Janklow Partners, LLC..(Adler, Lani) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Lucas Janklow..(lal) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Janklow Partners, LLC..(lal) |
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Filing 12
ORDER granting #6 Motion for Clark Otto Brewster to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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Filing 11
ORDER granting #5 Motion for Guy Anthony Fortney to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Guy Anthony Fortney to Appear Pro Hac Vice for Plaintiffs. Filing fee $ 200.00, receipt number ANYSDC-25741238. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Clark Otto Brewster to Appear Pro Hac Vice for Plaintiffs. Filing fee $ 200.00, receipt number ANYSDC-25741288. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Lucas Janklow, re: #1 Complaint. Document filed by Stephanie Clifford, Stormy Entertainment, Inc...(Kuzow, Michael) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Janklow Partners, LLC, re: #1 Complaint. Document filed by Stephanie Clifford, Stormy Entertainment, Inc...(Kuzow, Michael) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Janklow Partners, LLC. (vf) |
| Filing 7 CIVIL COVER SHEET filed..(Kuzow, Michael) |
| Filing 6 MOTION for Clark Otto Brewster to Appear Pro Hac Vice for Plaintiffs. Filing fee $ 200.00, receipt number ANYSDC-25741288. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Stephanie Clifford, Stormy Entertainment, Inc.. (Attachments: #1 Affidavit of Clark O Brewster, #2 Exhibit 1 - OK CGS, #3 Exhibit 2 - TX CGS, #4 Text of Proposed Order Proposed Order).(Brewster, Clark) |
| Filing 5 MOTION for Guy Anthony Fortney to Appear Pro Hac Vice for Plaintiffs. Filing fee $ 200.00, receipt number ANYSDC-25741238. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Stephanie Clifford, Stormy Entertainment, Inc.. (Attachments: #1 Affidavit Guy A. Fortney, #2 Exhibit 1 - OK CGS, #3 Text of Proposed Order Proposed Order).(Fortney, Guy) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael F. Kuzow to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): Nature of Suit Error. Multiple Nature of Suits selected on Form. Place an [X] in One Box Only. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael F. Kuzow. The following case opening statistical information was erroneously selected/entered: Dollar Demand 250,000,000; County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 250,000; the County code has been modified to XX Out of State. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael F. Kuzow 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. Defendant party name listed does not correspond to pleading caption. 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. (vf) |
| Magistrate Judge Gabriel W. Gorenstein 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. (vf) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(vf) |
| Filing 4 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Kuzow, Michael) Modified on 2/16/2022 (vf). |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Janklow Partners, LLC d/b/a Janklow & Nesbit Associates, re: #1 Complaint. Document filed by Stephanie Clifford, Stormy Entertainment, Inc...(Kuzow, Michael) |
| Filing 2 FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Lucas Janklow, re: #1 Complaint. Document filed by Stephanie Clifford, Stormy Entertainment, Inc...(Kuzow, Michael) Modified on 2/16/2022 (vf). |
| Filing 1 COMPLAINT against Lucas Janklow, Janklow Partners, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25733883)Document filed by Stephanie Clifford, Stormy Entertainment, Inc...(Kuzow, Michael) |
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