Populus Media, Inc. v. Erb
Plaintiff: Populus Media, Inc.
Defendant: Jeffrey Erb
Case Number: 1:2023cv04160
Filed: May 19, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Mary Kay Vyskocil
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 oc Diversity-Other Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 6, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 30, 2023 Opinion or Order Filing 18 ORDER granting #17 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 6/30/2023) (tg)
June 30, 2023 Opinion or Order Filing 17 CONSENT LETTER MOTION for Extension of Time to file opposition to defendant's motion to dismiss addressed to Judge Mary Kay Vyskocil from Damian Cavaleri dated June 30, 2023. Document filed by Populus Media, Inc...(Cavaleri, Damian)
June 30, 2023 Opinion or Order Set/Reset Deadlines: Responses due by 7/27/2023 Replies due by 8/3/2023. (tg)
June 29, 2023 Opinion or Order Filing 16 MOTION to Dismiss Amended Complaint with Certificate of Service. Document filed by Jeffrey Erb. Responses due by 7/13/2023 (Attachments: #1 Text of Proposed Order Granting Motion to Dismiss, #2 Supplement Memorandum of Law, #3 Exhibit A - Amended Complaint).(DelGaizo, Chris)
June 27, 2023 Opinion or Order Filing 15 ORDER granting #14 Motion for Christopher J Delgaizo to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
June 26, 2023 Opinion or Order Filing 14 MOTION for Christopher J. DelGaizo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27919111. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jeffrey Erb..(Holzberg, Zachary)
June 26, 2023 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Christopher J. DelGaizo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27919111. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (dsh)
June 22, 2023 Opinion or Order Filing 13 MOTION for Daniel Shay Kirschbaum to Withdraw as Attorney for Defendant. Document filed by Jeffrey Erb..(Kirschbaum, Daniel)
June 20, 2023 Opinion or Order Filing 12 AMENDED COMPLAINT against Jeffrey Erb with JURY DEMAND.Document filed by Populus Media, Inc.. (Attachments: #1 Exhibit A - Restricted Stock Purchase Agreement, #2 Exhibit B - Confidentiality and Assignment Agreement, #3 Exhibit C - Employment Agreement (with job description)).(Cavaleri, Damian)
June 12, 2023 Opinion or Order Filing 11 LETTER addressed to Judge Mary Kay Vyskocil from Damian Cavaleri dated June 12, 2023 re: pursuant to Order dated June 5, 2023, amended complaint will be filed on or before June 20, 2023. Document filed by Populus Media, Inc...(Cavaleri, Damian)
June 6, 2023 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Zachary Ian Holzberg on behalf of Jeffrey Erb..(Holzberg, Zachary)
June 5, 2023 Opinion or Order Filing 9 ORDER: The Court is in receipt of the parties' pre-motion letters about Defendant's contemplated motion to dismiss [ECF Nos. 5, 7]. Having carefully reviewed the arguments in the pre-motion letters, the Court concludes that a pre-motion conference is not necessary. Defendant's request for leave to file a motion to dismiss is GRANTED. IT IS HEREBY ORDERED that Plaintiff shall file a letter by June 12, 2023 informing the Court and Defendant whether Plaintiff intends to amend the complaint. This will be Plaintiff's last opportunity to amend in response to any issue raised in the pre-motion letters. IT IS FURTHER ORDERED that, if Plaintiff elects to amend, the amended complaint is due on or before June 20, 2023. IT IS FURTHER ORDERED that Defendant shall respond to any amended complaint within 14 days of its filing. If Defendant responds with a motion to dismiss, further briefing of that motion shall proceed on the schedule set forth in Local Rule 6.1(b). IT IS FURTHER ORDERED that, if Plaintiff elects not to amend, Defendant shall file his contemplated motion to dismiss by June 26, 2023. Further briefing shall proceed on the schedule set forth in Local Rule 6.1(b). Any request for an extension shall be made by letter and filed on ECF at least 48 hours before the deadline. SO ORDERED. ( Amended Pleadings due by 6/20/2023., Motions due by 6/26/2023.) (Signed by Judge Mary Kay Vyskocil on 6/5/2023) (tg)
May 26, 2023 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Rose Nankervis on behalf of Populus Media, Inc...(Nankervis, Rose)
May 26, 2023 Opinion or Order Filing 7 LETTER addressed to Judge Mary Kay Vyskocil from Damian Cavaleri dated May 26, 2023 re: response to defendant's May 23, 2023 letter. Document filed by Populus Media, Inc...(Cavaleri, Damian)
May 26, 2023 Opinion or Order Filing 6 NOTICE OF APPEARANCE by Damian Raphael Cavaleri on behalf of Populus Media, Inc...(Cavaleri, Damian)
May 23, 2023 Opinion or Order Filing 5 LETTER addressed to Judge Mary Kay Vyskocil from Daniel S. Kirschbaum dated May 23, 2023 re: Request for Pre-Motion Conference on Defendant's anticipated motion to dismiss. Document filed by Jeffrey Erb..(Kirschbaum, Daniel)
May 23, 2023 Opinion or Order Filing 4 CIVIL COVER SHEET filed..(Kirschbaum, Daniel)
May 22, 2023 Opinion or Order Filing 3 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652144/2023..Document filed by Jeffrey Erb. (Attachments: #1 Exhibit - State Court Summons and Complaint).(Kirschbaum, Daniel)
May 22, 2023 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Daniel Shay Kirschbaum to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the incorrect Citizenship Plaintiff and Defendant codes was selected under Citizenship of Principal Parties;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
May 22, 2023 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Shay Kirschbaum to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): pursuant to Rule 13.3, exhibits must be filed as separate attachments to the pleading. 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. (jgo)
May 22, 2023 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Shay Kirschbaum. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 150 Citizenship Plaintiff code 2 (Citizen of Another State); County code New York;. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Nature of Suit code has been modified to 190; the County code has been modified to XX Out of State;. (jgo) Modified on 5/22/2023 (jgo).
May 22, 2023 Opinion or Order Case Designated ECF. (jgo)
May 22, 2023 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(jgo)
May 22, 2023 Opinion or Order Magistrate Judge Sarah L. Cave 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. (jgo)
May 19, 2023 Opinion or Order Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Kirschbaum, Daniel) Modified on 5/22/2023 (jgo).
May 19, 2023 Opinion or Order Filing 1 FILING ERROR DEFICIENT PLEADING - PDF ERROR - NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652144/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27762545).Document filed by Jeffrey Erb..(Kirschbaum, Daniel) Modified on 5/22/2023 (jgo).

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Plaintiff: Populus Media, Inc.
Represented By: Damian Raphael Cavaleri
Represented By: Rose Nankervis
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Defendant: Jeffrey Erb
Represented By: Daniel Shay Kirschbaum
Represented By: Chris DelGaizo
Represented By: Zachary Ian Holzberg
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