Harding v. Dorilton Capital Advisors LLC et al
| Aaron Harding |
| Dorilton Capital Advisors LLC, Dorilton Capital Management LLC, Alcority LLC, OneThirtyOne LLC, Samuel Mathews and John Doe |
| 1:2022cv01726 |
| March 1, 2022 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.
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Filing 43
MEMO ENDORSED ORDER granting #39 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. (Attorney Leo Ernst terminated.) (Signed by Judge Colleen McMahon on 8/4/23) (yv)
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Filing 42
NOTICE OF APPEARANCE by Chai Olivia Williams on behalf of Alcority LLC, Dorilton Capital Advisors LLC, Dorilton Capital Management LLC, Samuel Mathews, OneThirtyOne LLC..(Williams, Chai)
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Filing 40
AFFIRMATION of Leo T. Ernst in Support re: #39 MOTION for Leo T. Ernst to Withdraw as Attorney .. Document filed by Alcority LLC, Dorilton Capital Advisors LLC, Dorilton Capital Management LLC, Samuel Mathews, OneThirtyOne LLC..(Ernst, Leo)
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Filing 39
MOTION for Leo T. Ernst to Withdraw as Attorney . Document filed by Alcority LLC, Dorilton Capital Advisors LLC, Dorilton Capital Management LLC, Samuel Mathews, OneThirtyOne LLC..(Ernst, Leo)
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MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 2/17/2023 was not held. Mediation Status due by 4/13/2023.(mnp)
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SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 4/4/2023 at 10:00 AM in telephone or video conference.(mnp)
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SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 2/17/2023 at 10:00 AM in telephone or video conference.(mnp)
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Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 1/25/2023. Mediation Status due by 2/24/2023. (mnp)
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FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 1/25/2023 at 10:00 AM in telephone or video conference.(mnp)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/28/2022.(ah)
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Filing 38
MEMO ENDORSEMENT on re: #37 Notice of Substitution of Attorney, filed by Dorilton Capital Advisors LLC, Samuel Mathews, Dorilton Capital Management LLC, OneThirtyOne LLC, Alcority LLC. ENDORSEMENT: SO ORDERED. Attorney Dana Loryn G. Weisbrod,Leo Ernst for Alcority LLC,Dana Loryn G. Weisbrod,Leo Ernst for Dorilton Capital Advisors LLC,Dana Loryn G. Weisbrod,Leo Ernst for Dorilton Capital Management LLC,Dana Loryn G. Weisbrod,Leo Ernst for Samuel Mathews,Dana Loryn G. Weisbrod,Leo Ernst for OneThirtyOne LLC added. Attorney Gabrielle Frances Levin and Joshua Morgan Wesneski terminated. (Signed by Judge Colleen McMahon on 11/10/2022) (kv)
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Filing 37
NOTICE of Substitution of Attorney. Old Attorney: Gabrielle F. Levin and Joshua M. Wesneski, New Attorney: Dana G. Weisbrod and Leo T. Ernst, Address: Jackson Lewis P.C., 666 Third Avenue, 29th Floor, New York, New York, United States of America 10172, 212-545-4000. Document filed by Alcority LLC, Dorilton Capital Advisors LLC, Dorilton Capital Management LLC, Samuel Mathews, OneThirtyOne LLC..(Weisbrod, Dana)
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Filing 36
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 11/16/2022. (Signed by Judge Loretta A. Preska on 10/1/2015) (jpt)
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Filing 35
ANSWER to #1 Complaint. Document filed by Alcority LLC, Dorilton Capital Advisors LLC, Dorilton Capital Management LLC, Samuel Mathews, OneThirtyOne LLC..(Levin, Gabrielle)
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Filing 34
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS AND DENYING PLAINTIFF'S MOTION FOR LEAVE TO AMEND denying #30 Motion to Amend/Correct #30 CROSS MOTION to Amend/Correct #24 MOTION to Dismiss . .CROSS MOTION for Leave to File Amended Complaint ., #24 MOTION to Dismiss . ; terminating #30 Motion for Leave to File Document; granting in part and denying in part #24 Motion to Dismiss. For the reasons discussed above, the motion to dismiss Counts V and VI of the Complaint is GRANTED, without prejudice. The motion to dismiss all counts against John Doe is GRANTED. The motion to dismiss Counts I and II against Mathew is GRANTED. The motion to dismiss is otherwise DENIED. Plaintiff's cross-motion to amend the Complaint is DENIED. This constitutes the decision and order of the court. It is a written opinion. The Clerk of Court is respectfully directed to terminate the motions at Docket Number 24 and 30. (Signed by Judge Colleen McMahon on 10/18/22) BY ECF TO ALL COUNSEL. (yv)
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Filing 33
REPLY MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss ., #30 CROSS MOTION to Amend/Correct #24 MOTION to Dismiss . .CROSS MOTION for Leave to File Amended Complaint . Combined Response and Reply. Document filed by Alcority LLC, Dorilton Capital Advisors LLC, Dorilton Capital Management LLC, Samuel Mathews, OneThirtyOne LLC..(Levin, Gabrielle)
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Filing 32
LETTER addressed to Judge Colleen McMahon from Counsel for Plaintiff Aaron Harding dated July 14, 2022 re: Cover Letter with attached Proposed Amended Complaint. Document filed by Aaron Harding. (Attachments: #1 Exhibit Proposed Amended Complaint (Clean Version), #2 Exhibit Proposed Amended Complaint (Redline Version)).(Nussbaum, Marcus)
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Filing 31
MEMORANDUM OF LAW in Support re: #30 CROSS MOTION to Amend/Correct #24 MOTION to Dismiss . .CROSS MOTION for Leave to File Amended Complaint . AND IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS PLAINTIFFS COMPLAINT. Document filed by Aaron Harding..(Nussbaum, Marcus)
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Filing 30
CROSS MOTION to Amend/Correct #24 MOTION to Dismiss . ., CROSS MOTION for Leave to File Amended Complaint . Document filed by Aaron Harding..(Nussbaum, Marcus)
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Filing 29
ORDER granting #28 Letter Motion for Extension of Time. OK.. (Signed by Judge Colleen McMahon on 6/29/2022) (kv)
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Set/Reset Deadlines: Responses due by 7/11/2022 Replies due by 7/25/2022. (kv)
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Filing 28
LETTER MOTION for Extension of Time to File Opposition to Defendants' Motion to Dismiss and for Revised Briefing Schedule addressed to Judge Colleen McMahon from Counsel for Plaintiff Aaron Harding dated 6/9/2022. Document filed by Aaron Harding..(Nussbaum, Marcus)
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Filing 27
ORDER: granting #26 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Part I Judge John G. Koeltl on 5/31/2022) (ama)
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Set/Reset Deadlines: Responses due by 6/13/2022 Replies due by 6/27/2022. (ama)
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Filing 26
CONSENT LETTER MOTION for Extension of Time and Revised Briefing Schedule for Defendants' Motion to Dismiss addressed to Judge Colleen McMahon from Counsel for Plaintiff dated May 26, 2022. Document filed by Aaron Harding..(Nussbaum, Marcus)
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Filing 25
MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss . . Document filed by Alcority LLC, Dorilton Capital Advisors LLC, Dorilton Capital Management LLC, Samuel Mathews, OneThirtyOne LLC..(Levin, Gabrielle)
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Filing 24
MOTION to Dismiss . Document filed by Alcority LLC, Dorilton Capital Advisors LLC, Dorilton Capital Management LLC, Samuel Mathews, OneThirtyOne LLC. Responses due by 5/31/2022.(Levin, Gabrielle)
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Filing 23
NOTICE OF APPEARANCE by Joshua Morgan Wesneski on behalf of Alcority LLC, Dorilton Capital Advisors LLC, Dorilton Capital Management LLC, Samuel Mathews, OneThirtyOne LLC..(Wesneski, Joshua)
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Filing 22
ORDER granting #21 Letter Motion to Adjourn Conference. OK. (Signed by Judge Colleen McMahon on 4/21/2022) (ks)
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Filing 21
CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Colleen McMahon from Gabrielle Levin dated April 21, 2022. Document filed by Alcority LLC, Dorilton Capital Advisors LLC, Dorilton Capital Management LLC, Samuel Mathews, OneThirtyOne LLC..(Levin, Gabrielle)
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Filing 20
WAIVER OF SERVICE RETURNED EXECUTED. Alcority LLC waiver sent on 3/15/2022, answer due 5/16/2022. Document filed by Aaron Harding..(Nussbaum, Marcus)
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Filing 19
WAIVER OF SERVICE RETURNED EXECUTED. Samuel Mathews waiver sent on 3/15/2022, answer due 5/16/2022. Document filed by Aaron Harding..(Nussbaum, Marcus)
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Filing 18
WAIVER OF SERVICE RETURNED EXECUTED. Dorilton Capital Advisors LLC waiver sent on 3/15/2022, answer due 5/16/2022. Document filed by Aaron Harding..(Nussbaum, Marcus)
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Filing 17
WAIVER OF SERVICE RETURNED EXECUTED. Dorilton Capital Management LLC waiver sent on 3/15/2022, answer due 5/16/2022. Document filed by Aaron Harding..(Nussbaum, Marcus)
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Filing 16
WAIVER OF SERVICE RETURNED EXECUTED. OneThirtyOne LLC waiver sent on 3/15/2022, answer due 5/16/2022. Document filed by Aaron Harding..(Nussbaum, Marcus)
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Filing 15
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: This action having been assigned to me for all purposes, it is hereby, ORDERED as follows: 1. Counsel receiving this order shall contact all counsel of record (or where a party is not yet represented, such party) and, if necessary, provide them with a copy of this order. If a conforming case management plan is submitted at least two business days prior to the scheduled initial conference and subsequently approved by the Court, the initial conference will be canceled automatically. If a motion has been filed either before or after the case management plan is approved, and the parties desire a conference, a letter must be submitted to the Court via fax specifically asking that the initial conference not be canceled. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must participate in a telephone conference on 5/5/2022 at 10:00 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. Initial Conference set for 5/5/2022 at 10:00 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 3/4/2022) (kv)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Samuel Mathews. (vf)
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Filing 13
ELECTRONIC SUMMONS ISSUED as to OneThirtyOne LLC. (vf)
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Filing 12
ELECTRONIC SUMMONS ISSUED as to Alcority LLC. (vf)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Dorilton Capital Management LLC. (vf)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Dorilton Capital Advisors LLC. (vf)
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Filing 9
FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to John Doe, re: #1 Complaint. Document filed by Aaron Harding..(Nussbaum, Marcus) Modified on 3/2/2022 (vf).
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to SAMUEL MATHEWS, re: #1 Complaint. Document filed by Aaron Harding..(Nussbaum, Marcus)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to ONETHIRTYONE LLC, re: #1 Complaint. Document filed by Aaron Harding..(Nussbaum, Marcus)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to ALCORITY LLC, re: #1 Complaint. Document filed by Aaron Harding..(Nussbaum, Marcus)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to DORILTON CAPITAL MANAGEMENT LLC, re: #1 Complaint. Document filed by Aaron Harding..(Nussbaum, Marcus)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to DORILTON CAPITAL ADVISORS LLC, re: #1 Complaint. Document filed by Aaron Harding..(Nussbaum, Marcus)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Aaron Harding..(Nussbaum, Marcus)
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Filing 2
CIVIL COVER SHEET filed..(Nussbaum, Marcus)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Marcus Aurelius Nussbaum to RE-FILE Document No. #9 Request for Issuance of Summons. The filing is deficient for the following reason(s): The Request for Issuance of Summons cannot be issued for the party requested (John Doe) because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. 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)
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Magistrate Judge James L. Cott 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)
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Case Designated ECF. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Marcus Aurelius Nussbaum. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Marcus Aurelius Nussbaum. The party information for the following party/parties has been modified: John Doe. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
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Filing 1
COMPLAINT against Alcority LLC, John Doe, Dorilton Capital Advisors LLC, Dorilton Capital Management LLC, Samuel Mathews, OneThirtyOne LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25800547)Document filed by Aaron Harding..(Nussbaum, Marcus)
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