Whelan, Jr. v. Diligent Corporation
| Fred Whelan, Jr. |
| Diligent Corporation |
| 1:2022cv07598 |
| September 6, 2022 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Personal Property: Other |
| 28 U.S.C. § 1332 pd Diversity-Property Damage |
| Plaintiff |
Docket Report
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| Filing 18 JOINT LETTER MOTION for Extension of Time of Deadlines addressed to Judge Analisa Torres from Allison Ryan & James Bilsborrow dated November 4, 2022. Document filed by Diligent Corporation..(Holt-Ryan, Allison) |
Filing 17
ORDER granting #13 Motion for Adam A. Cooke to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (CP)
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Filing 16
ORDER granting #10 Motion for Allison M. Ryan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (CP)
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| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Diamond Parent Midco, Inc., Corporate Parent Diligent Preferred Issuer, Inc., Corporate Parent Diamond Parent Holdings Corp. for Diligent Corporation. Document filed by Diligent Corporation..(Bautz, Peter) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Peter William Bautz to RE-FILE Document No. #12 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Allison M. Ryan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26789472. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Adam A. Cooke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26790979. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
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Filing 14
ORDER granting #11 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 10/7/2022) (jca)
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| Filing 13 MOTION for Adam A. Cooke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26790979. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diligent Corporation. (Attachments: #1 Exhibit A - DC Cert of Good Standing, #2 Exhibit B - MA Cert of Good Standing, #3 Affidavit of Adam Cooke, #4 Text of Proposed Order Proposed Order).(Cooke, Adam) |
| Filing 12 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Diligent Corporation..(Bautz, Peter) Modified on 10/11/2022 (lb). |
| Filing 11 LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Analisa Torres from Peter W. Bautz dated October 7, 2022. Document filed by Diligent Corporation..(Bautz, Peter) |
| Filing 10 MOTION for Allison M. Ryan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26789472. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diligent Corporation. (Attachments: #1 Exhibit A - DC Cert of Good Standing, #2 Exhibit B - TN Cert of Good Standing, #3 Affidavit of Allison Ryan, #4 Text of Proposed Order Proposed Order).(Holt-Ryan, Allison) |
| Filing 9 NOTICE OF APPEARANCE by Peter William Bautz on behalf of Diligent Corporation..(Bautz, Peter) |
| Set/Reset Deadlines: Diligent Corporation answer due 11/15/2022. (jca) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. Diligent Corporation served on 9/19/2022, answer due 10/11/2022. Service was accepted by Lauren - Receptionist. Document filed by Fred Whelan, Jr...(Bilsborrow, James) |
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Filing 7
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by November 7, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. SO ORDERED. (Signed by Judge Analisa Torres on 9/7/2022) (ks)
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Filing 6
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b) (5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 9/7/2022) (ks)
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Filing 5
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by November 7, 2022, e-mail a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, to Orders_and_Judgments@nysd.uscourts.gov. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by November 7, 2022, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 9/7/2022) (ks) Modified on 9/7/2022 (ks).
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Diligent Corporation..(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James Jackson Bilsborrow. The party information for the following party/parties has been modified: Fred Whelan, Jr.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| Magistrate Judge Ona T. Wang 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Diligent Corporation, re: #1 Complaint. Document filed by Fred Whelan, Jr...(Bilsborrow, James) |
| Filing 2 CIVIL COVER SHEET filed..(Bilsborrow, James) |
| Filing 1 COMPLAINT against Diligent Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-26639867)Document filed by Fred Whelan, Jr.. (Attachments: #1 Exhibit A).(Bilsborrow, James) |
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| Plaintiff: Fred Whelan, Jr. | |
| Represented By: | James Jackson Bilsborrow |
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| Defendant: Diligent Corporation | |
| Represented By: | Adam Cooke |
| Represented By: | Allison M. Holt-Ryan |
| Represented By: | Peter William Bautz |
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