Athayde v. Dogpound Fitness, Inc. et al
Plaintiff: Rhys Athayde
Defendant: Dogpound Fitness, Inc. and Kirk Myers
Case Number: 1:2022cv09547
Filed: November 8, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Analisa Torres
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 oc Diversity-Other Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 6, 2023 Filing 15 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Dogpound Fitness, Inc., Kirk Myers..(Drogin, Laurent)
January 6, 2023 Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Dogpound Fitness, Inc., Kirk Myers..(Drogin, Laurent)
November 18, 2022 Opinion or Order Filing 13 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. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 11/18/2022) (kv)
November 18, 2022 Opinion or Order Filing 12 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 January 17, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 11/18/2022) (kv)
November 18, 2022 Opinion or Order Filing 11 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 11/18/2022) (kv)
November 14, 2022 Filing 10 NOTICE OF APPEARANCE by Brittany Kate Lazzaro on behalf of Dogpound Fitness, Inc., Kirk Myers..(Lazzaro, Brittany)
November 14, 2022 Filing 9 NOTICE OF APPEARANCE by Laurent Scott Drogin on behalf of Dogpound Fitness, Inc., Kirk Myers..(Drogin, Laurent)
November 14, 2022 Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Dogpound Fitness, Inc. waiver sent on 11/8/2022, answer due 1/7/2023; Kirk Myers waiver sent on 11/8/2022, answer due 1/7/2023. Document filed by Rhys Athayde..(Cepler, Craig)
November 10, 2022 Filing 7 ELECTRONIC SUMMONS ISSUED as to Dogpound Fitness, Inc...(pc)
November 10, 2022 Filing 6 ELECTRONIC SUMMONS ISSUED as to Kirk Myers..(pc)
November 9, 2022 Filing 5 CIVIL COVER SHEET filed..(Cepler, Craig)
November 9, 2022 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)
November 9, 2022 Case Designated ECF. (pc)
November 9, 2022 Magistrate Judge Sarah Netburn 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)
November 9, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Craig Matthew Cepler to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple citizenships for the defendant were selected. Choose one for the first listed defendant. (pc)
November 9, 2022 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Craig Matthew Cepler. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 1 (Citizen of This State); County code New York;. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the County code has been modified to XX Out of State;. (pc)
November 8, 2022 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Kirk Myers, re: #1 Complaint. Document filed by Rhys Athayde..(Cepler, Craig)
November 8, 2022 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Dogpound Fitness, Inc., re: #1 Complaint. Document filed by Rhys Athayde..(Cepler, Craig)
November 8, 2022 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Cepler, Craig) Modified on 11/9/2022 (pc).
November 8, 2022 Filing 1 COMPLAINT against Dogpound Fitness, Inc., Kirk Myers. (Filing Fee $ 402.00, Receipt Number ANYSDC-26933258)Document filed by Rhys Athayde..(Cepler, Craig)

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Plaintiff: Rhys Athayde
Represented By: Craig Matthew Cepler
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Defendant: Dogpound Fitness, Inc.
Represented By: Brittany Kate Lazzaro
Represented By: Laurent Scott Drogin
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Defendant: Kirk Myers
Represented By: Brittany Kate Lazzaro
Represented By: Laurent Scott Drogin
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