Rosen et al v. Sporn
| David Rosen and Sharon Rosen |
| Kalman Sporn |
| 1:2022cv05485 |
| June 28, 2022 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 14, 2023. A more recent docket listing may be available from PACER.
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Filing 36
STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL IT IS HEREBY STIPULATED AND AGREED by and between the Parties and/or their respective counsel as follows: 1. The Parties hereby agree that the above-captioned action is dismissed and discontinued with prejudice, as to the Defendant, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A) (ii), a plaintiff may file a stipulation of dismissal signed by all parties who have appeared to dismiss an action without a court order. Accord Fed. R. Civ. P. 41(a)(1)(B) (permitting stipulation of dismissal with prejudice). Accordingly, the Clerk of Court is respectfully directed to close this case. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 3/14/2023) (jca)
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| Filing 35 PROPOSED STIPULATION AND ORDER. Document filed by David Rosen, Sharon Rosen..(Schub, Howard) |
| Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on January 31, 2023. The Court held the initial pretrial conference and, for reasons stated on the record, denied Defendants motion to stay discovery. The Court will separately enter the case management plan. (Court Reporter Lisa Franko). (mhe) |
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Filing 34
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3) of the Federal Rules of Civil Procedure. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c).Settlement discussions have not taken place. The parties have conferred pursuant to Rule 26(f) of the Federal Rules of Civil Procedure. Depositions shall be completed by May 25, 2023. This case is to be tried to a jury. Com1sel for the parties have conferred and their best estimate of the length of trial is three days. Motions due by 2/23/2023. Deposition due by 7/17/2023. Fact Discovery due by 6/1/2023. Expert Discovery due by 7/17/2023. Discovery due by 7/17/2023. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 1/31/2023) (jca)
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| Filing 33 REPLY MEMORANDUM OF LAW in Support re: #27 MOTION to Stay discovery pending resolution of Defendant's Motion to Dismiss. . Document filed by Kalman Sporn..(Turner, Channing) |
| Filing 32 PROPOSED CASE MANAGEMENT PLAN. Document filed by David Rosen, Sharon Rosen..(Schub, Howard) |
| Filing 31 JOINT LETTER addressed to Judge John P. Cronan from Howard W. Schub dated January 24, 2023 re: Pretrial Conference Letter to the Court. Document filed by David Rosen, Sharon Rosen..(Schub, Howard) |
| Filing 30 DECLARATION of Howard W. Schub in Opposition re: #27 MOTION to Stay discovery pending resolution of Defendant's Motion to Dismiss.. Document filed by David Rosen, Sharon Rosen. (Attachments: #1 Exhibit A - September 23, 2019 Email from Defendant Sporn to Plaintiffs).(Schub, Howard) |
| Filing 29 MEMORANDUM OF LAW in Opposition re: #27 MOTION to Stay discovery pending resolution of Defendant's Motion to Dismiss. . Document filed by David Rosen, Sharon Rosen..(Schub, Howard) |
| Filing 28 MEMORANDUM OF LAW in Support re: #27 MOTION to Stay discovery pending resolution of Defendant's Motion to Dismiss. . Document filed by Kalman Sporn..(Turner, Channing) |
| Filing 27 MOTION to Stay discovery pending resolution of Defendant's Motion to Dismiss. Document filed by Kalman Sporn..(Turner, Channing) |
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Filing 26
MEMO ENDORSEMENT on re: #25 Letter filed by David Rosen, Sharon Rosen. ENDORSEMENT The Court makes no determination as to whether or not to hold an oral argument at this time. The Court will hold an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on January 31, 2023 at 3:00 p.m. Unless the Court orders otherwise, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. If Defendant seeks to move for a discovery stay pending the resolution of his motion to dismiss, he shall do so by January 9, 2023. Plaintiffs shall file their response to any such motion by January 18, 2023. Defendant shall file any reply by January 25, 2023. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at the IPTC. No later than seven days prior to the IPTC, it is further ORDERED that the parties shall submit a joint letter, not to exceed five (5) pages, addressing the following in separate paragraphs: (1) A brief statement of the nature of the action and the principal defenses thereto; (2) A brief explanation of why jurisdiction and venue lie in this Court; (3) A brief description of all outstanding motions and/or all outstanding requests to file motions; (4) A brief description of any discovery that has already taken place, and that which will be necessary for the parties to engage in meaningful settlement negotiations; (5) A list of all prior settlement discussions, including the date, the parties involved, and the approximate duration of such discussions, if any; (6) The estimated length of trial; and (7) Any other information that the parties believe may assist this Court in resolving the action. By that date, the parties shall also submit to the Court a proposed case management plan and scheduling order, a template of which is available at https://www.nysd.uscourts.gov/hon-john-p-cronan. If this case has been settled or otherwise terminated, counsel are not required to submit such letter or to appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the joint letter submission deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions 13.17-13.20, available at https://nysd.uscourts.gov/rules/ecf-relatedinstructions. In accordance with the Courts Individual Rules and Practices for Civil Cases, requests for extensions or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours (i.e., two business days) before the deadline or scheduled appearance, absent compelling circumstances. The written submission must state (1) the original date(s) set for the appearance or deadline(s) and the new date(s) requested; (2) the reason(s) for the request; (3) the number of previous requests for adjournment or extension; (4) whether these previous requests were granted or denied; and (5) whether opposing counsel consents, and, if not, the reasons given by opposing counsel for refusing to consent. SO ORDERED. (Motions due by 1/9/2023., Responses due by 1/18/2023, Replies due by 1/25/2023., Initial Conference set for 1/31/2023 at 03:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 12/27/2022) (jca)
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| Filing 25 LETTER addressed to Judge John P. Cronan from Howard W. Schub dated December 22, 2022 re: Response to Defendant's December 22, 2022 letter regarding Oral Argument. Document filed by David Rosen, Sharon Rosen..(Schub, Howard) |
| Filing 24 LETTER addressed to Judge John P. Cronan from Channing Turner dated December 22, 2022 re: Response to Plaintiff's December 22, 2022 Letter (Dkt. No. 23). Document filed by Kalman Sporn..(Turner, Channing) |
| Filing 23 LETTER addressed to Judge John P. Cronan from Howard W. Schub dated December 22, 2022 re: Oral Argument on Defendant's Motion to Dismiss and Scheduling of Initial Case Management Conference. Document filed by David Rosen, Sharon Rosen..(Schub, Howard) |
| Filing 22 REPLY MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss . . Document filed by Kalman Sporn..(Turner, Channing) |
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time to File Response/Reply re #20 LETTER MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss . addressed to Judge John P. Cronan from Channing J. Turner dated October 3, 2022. The request is granted. Defendant shall file his reply brief by October 13, 2022. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 20. SO ORDERED. Replies due by 10/13/2022.. (Signed by Judge John P. Cronan on 10/3/2022) (jca)
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| Filing 20 LETTER MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss . addressed to Judge John P. Cronan from Channing J. Turner dated October 3, 2022. Document filed by Kalman Sporn..(Turner, Channing) |
| Filing 19 DECLARATION of Howard W. Schub in Opposition re: #15 MOTION to Dismiss .. Document filed by David Rosen, Sharon Rosen. (Attachments: #1 Exhibit A: Correspondence from Defendant to Plaintiffs).(Schub, Howard) |
| Filing 18 MEMORANDUM OF LAW in Opposition re: #15 MOTION to Dismiss . . Document filed by David Rosen, Sharon Rosen..(Schub, Howard) |
| Filing 17 PROPOSED ORDER. Document filed by Kalman Sporn. Related Document Number: 015 ..(Turner, Channing) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss . . Document filed by Kalman Sporn..(Turner, Channing) |
| Filing 15 MOTION to Dismiss . Document filed by Kalman Sporn. Responses due by 9/29/2022.(Turner, Channing) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #17 Proposed Order was reviewed and approved as to form. (tp) |
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Filing 14
ORDER: granting #12 Letter Motion for Leave to File Document. The Court does not believe that a conference is necessary in this instance. Defendant shall file his motion to dismiss, if any, by September 15, 2022. Plaintiff will file any opposition by September 29, 2022. Defendant will then file his reply by October 6, 2022. SO ORDERED. (Signed by Judge John P. Cronan on 8/31/2022) (ama)
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| Set/Reset Deadlines: Motions due by 9/15/2022. Responses due by 9/29/2022 Replies due by 10/6/2022. (ama) |
| Filing 13 LETTER addressed to Judge John P. Cronan from Howard W. Schub dated August 29, 2022 re: Opposition to Defendant Kalman Sporn's August 26, 2022 letter requesting a pre-motion conference. Document filed by David Rosen, Sharon Rosen..(Schub, Howard) |
| Filing 12 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge John P. Cronan from Channing J. Turner dated August 26, 2022. Document filed by Kalman Sporn..(Turner, Channing) |
| Filing 11 NOTICE OF APPEARANCE by Katherine Boatman on behalf of David Rosen, Sharon Rosen..(Boatman, Katherine) |
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Filing 10
STIPULATION TO ACCEPT SERVICE ON BEHALF OF DEFENDANT AND TO EXTEND TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the Parties, that: 1. Undersigned counsel for Defendant is authorized to and has accepted service of the Summons and Complaint on behalf of Defendant via electronic mail. 2. Defendant shall have until August 28, 2022, to answer, move against, or otherwise respond to the Complaint. 3. Nothing in this stipulation affects, prevents, or precludes any party from making or asserting any claims, defenses, motions, or arguments in this action, whether on the merits, procedure, jurisdiction, or otherwise, except that, in consideration of the terms herein, Defendant hereby waives any defenses based on defective service of process. 4. This Stipulation may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Electronic signatures shall be considered original signatures for the purposes of this Stipulation. SO ORDERED. Kalman Sporn answer due 8/28/2022., Motions terminated: #9 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge John P. Cronan from Howard W. Schub dated July 5, 2022. filed by David Rosen, Sharon Rosen. (Signed by Judge John P. Cronan on 7/27/2022) (jca)
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| Filing 9 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge John P. Cronan from Howard W. Schub dated July 5, 2022. Document filed by David Rosen, Sharon Rosen. (Attachments: #1 Exhibit Stipulation).(Schub, Howard) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-00683-JPC. Notice of Assignment to follow. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Unassigned is no longer assigned to the case. (vba) |
| Magistrate Judge Jennifer Willis 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. (vba) |
| Filing 8 NOTICE OF APPEARANCE by Howard W. Schub on behalf of David Rosen, Sharon Rosen..(Schub, Howard) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Kalman Sporn..(gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp) |
| Case Designated ECF. (gp) |
| CASE REFERRED TO Judge John P. Cronan as possibly related to 1:21-cv-683 (JPC). (gp) |
| Filing 6 NOTICE OF APPEARANCE by Channing Jay Turner on behalf of Kalman Sporn..(Turner, Channing) |
| Filing 5 NOTICE OF APPEARANCE by Jeffrey M. Eilender on behalf of Kalman Sporn..(Eilender, Jeffrey) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Kalman Sporn, re: #1 Complaint. Document filed by David Rosen, Sharon Rosen..(Schub, Howard) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-CV-00683-JPC. Document filed by David Rosen, Sharon Rosen..(Schub, Howard) |
| Filing 2 CIVIL COVER SHEET filed..(Schub, Howard) |
| Filing 1 COMPLAINT against Kalman Sporn. (Filing Fee $ 402.00, Receipt Number ANYSDC-26341693)Document filed by David Rosen, Sharon Rosen..(Schub, Howard) |
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