Feinberg v. Courtroom Connect, Inc.
| Kenneth Feinberg |
| Courtroom Connect, Inc. |
| 1:2022cv10272 |
| December 5, 2022 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
Docket Report
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Filing 21
STIPULATION AND ORDER: IT IS HEREBY STIPULATED and agreed among the undersigned attorneys for the parties that: 1. This action shall be stayed in its entirety until April 17, 2023, to allow the parties a period of 90 days to consummate a resolution of this action (hereinafter, the "Stay"). 2. Plaintiff's reply papers and opposition to the cross-motion shall be due April 17, 2023; 3. Plaintiff's deadline to file an amended complaint, should he choose to do so, shall be extended until April 17, 2023; 4. Defendant's reply papers on its cross-motion, and any response to an amended complaint (if filed), shall be due on May 17, 2023; 5. If either party comes to believe that the discussions concerning resolution are unlikely to be successful, that party may give written notice by email to opposing counsel of record that the Stay will automatically terminate/lift following the expiration of seven (7) business days, after which the Stay will automatically lift/terminate on the eighth (8th business day immediately following such written notice. 6. If the Stay is lifted before April 17, 2023 pursuant to the paragraph 5 of this Stipulation, then: Plaintiff's reply papers and opposition to the cross-motion shall be due four weeks from the date the Stay is lifted; Plaintiffs deadline to file an amended complaint, should he choose to do so, shall be four weeks from the date the Stay is lifted; and Defendant's reply papers on its cross-motion and response to an amended complaint, if any, shall be due four weeks from the date Plaintiff files his opposition to Defendant's cross-motion. 7. During the Stay, neither party (nor their respective agents) will commence any new or separate action against the other party (or their respective agents or affiliates). Nothing set forth herein shall foreclose any party from seeking expedited relief upon a lift of the Stay. SO ORDERED. ( Amended Pleadings due by 4/17/2023., Replies due by 5/17/2023., Responses due by 4/17/2023). Case stayed. (Signed by Judge Andrew L. Carter, Jr on 2/1/2023) (tg)
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| Filing 20 PROPOSED STIPULATION AND ORDER. Document filed by Kenneth Feinberg. (Attachments: #1 Letter to the Court requesting that stipulation be so ordered).(Reisen, Alexander) |
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Filing 19
MEMO ENDORSEMENT on re: #18 Letter filed by Kenneth Feinberg. ENDORSEMENT: SO ORDERED. ( Amended Pleadings due by 1/31/2023., Replies due by 2/28/2023., Responses due by 1/31/2023) (Signed by Judge Andrew L. Carter, Jr on 12/22/2022) (ate)
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| Filing 18 LETTER addressed to Judge Andrew L. Carter, Jr. from Alex Reisen dated 12/21/2022 re: Briefing Schedule and Amended Complaint Due Date. Document filed by Kenneth Feinberg..(Reisen, Alexander) |
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Filing 17
ORDER with respect to #11 Motion to Dismiss. The Court is in receipt of Defendant's motion to dismiss filed at ECF No. 11, as well as the parties' joint letter proposing a remaining briefing schedule for the motion to dismiss and Plaintiffs motion for summary judgment in lieu of complaint at ECF No. 16. Since this case has been removed to federal court, the parties are encouraged to review the undersigned's individual rules, which require that a pre-motion conference is required before the filing of a motion to dismiss. (See Individual Practices of Andrew L. Carter, Jr. 2.) However, given the posture of the case, the Court will dispense with the pre-motion conference requirement for Defendant's motion to dismiss. Accordingly, the Court will adopt the parties' proposed briefing schedule: (1) Plaintiff's reply in further support of his motion for judgment on the pleadings and in opposition to Defendant's motion to dismiss shall be filed by January 12, 2023 and (2) Defendant's reply in further support of its motion to dismiss shall be filed by February 13, 2023. (Signed by Judge Andrew L. Carter, Jr on 12/16/2022) (tg)
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| Set/Reset Deadlines: Responses due by 1/12/2023 Replies due by 2/13/2023. (tg) |
| Filing 16 LETTER addressed to Judge Andrew L. Carter, Jr. from Alex Reisen dated 12/13/2022 re: Briefing Schedule. Document filed by Kenneth Feinberg..(Reisen, Alexander) |
| Filing 15 MEMORANDUM OF LAW in Support re: #11 CROSS MOTION to Dismiss . and in Opposition to Plaintiff's Motion for Summary Judgment. Document filed by Courtroom Connect, Inc...(Shapiro, Peter) |
| Filing 14 DECLARATION of Sam Rosenfeld in Support re: #11 CROSS MOTION to Dismiss .. Document filed by Courtroom Connect, Inc...(Shapiro, Peter) |
| Filing 13 DECLARATION of Michael Shane in Support re: #11 CROSS MOTION to Dismiss .. Document filed by Courtroom Connect, Inc...(Shapiro, Peter) |
| Filing 12 DECLARATION of Alon Harnoy in Support re: #11 CROSS MOTION to Dismiss .. Document filed by Courtroom Connect, Inc.. (Attachments: #1 Exhibit A - Action by Written Consent of Series C Shareholder, #2 Exhibit B - Action by Written Consent of CC DE Board, #3 Exhibit C - Amended and Restated Intercreditor Agmt, #4 Exhibit D - Invoice June 2017, #5 Exhibit E - CCI Financials, #6 Exhibit F - 2017 Signed Settlement Agreement, #7 Exhibit G - CC Inc. Email, #8 Exhibit H - Escrow Email).(Shapiro, Peter) |
| Filing 11 CROSS MOTION to Dismiss . Document filed by Courtroom Connect, Inc...(Shapiro, Peter) |
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Filing 10
MEMO ENDORSEMENT on re: #8 Letter filed by Kenneth Feinberg. ENDORSEMENT: The Clerk of Court is respectfully requested to strike the filings at ECF No. 5 and 6. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/12/2022) (kv)
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| Filing 9 NOTICE OF APPEARANCE by Alexander Gabriel Reisen on behalf of Kenneth Feinberg..(Reisen, Alexander) |
| Filing 8 LETTER addressed to Judge Andrew L. Carter, Jr. from Alex Reisen dated 12/12/2022 re: Withdrawal of Request for Default. Document filed by Kenneth Feinberg..(Reisen, Alexander) |
| Filing 7 LETTER addressed to Judge Andrew L. Carter, Jr. from Peter T. Shapiro dated December 9, 2022 re: Application Filed Today by Plaintiff for Entry of Default Under F.R.Civ.P. 55(a). Document filed by Courtroom Connect, Inc...(Shapiro, Peter) |
| Filing 6 ***STRICKEN DOCUMENT. Deleted document number #6 from the case record. The document was stricken from this case pursuant to #10 Order. AFFIRMATION of Alex Reisen re: #5 Proposed Clerk's Certificate of Default . Document filed by Kenneth Feinberg..(Reisen, Alexander) Modified on 12/12/2022 (kv). |
| Filing 5 ***STRICKEN DOCUMENT. Deleted document number #5 from the case record. The document was stricken from this case pursuant to #10 Order. PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Kenneth Feinberg..(Reisen, Alexander) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 12/12/2022 (kv). |
| Filing 4 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 654165/2022..Document filed by Courtroom Connect, Inc.. (Attachments: #1 Exhibit A - State Court Pleadings Served Upon Defendant).(Shapiro, Peter) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Peter T. Shapiro to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): Pursuant to ECF Filing Rule 13.3, Notice of Removal exhibits must be filed as attachments and labeled. Each attachment must be clearly titled in the ECF entry so the subject of the exhibit is clear. They cannot be labeled "Exhibit A, Exhibit B, etc.". Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Peter T. Shapiro. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331; Nature of Suit code 190 (Contract: Other); County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Nature of Suit code has been modified to 140 (Negotiable Instrument); the County code has been modified to XX Out of State. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(sj) |
| Case Designated ECF. (sj) |
| Magistrate Judge Barbara C. Moses 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. (sj) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Courtroom Connect, Inc...(Shapiro, Peter) |
| Filing 2 CIVIL COVER SHEET filed..(Shapiro, Peter) |
| Filing 1 FILING ERROR - EXHIBITS NOT CLEARLY TITLED NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 654165/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-27042112).Document filed by Courtroom Connect, Inc.. (Attachments: #1 Exhibit A).(Shapiro, Peter) Modified on 12/6/2022 (sj). |
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| Plaintiff: Kenneth Feinberg | |
| Represented By: | Alexander Gabriel Reisen |
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| Defendant: Courtroom Connect, Inc. | |
| Represented By: | Peter T. Shapiro |
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