Phunware, Inc. v. UBS Securities LLC
Plaintiff: Phunware, Inc.
Defendant: UBS Securities LLC
Case Number: 1:2023cv06426
Filed: July 25, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Analisa Torres
Nature of Suit: Securities/Commodities
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 4, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2023 Opinion or Order Filing 19 JOINT LETTER addressed to Judge Analisa Torres from Laura H. Posner and Herbert S. Washer dated September 22, 2023 re: Consent to Proceed Before a Magistrate Judge. Document filed by UBS Securities LLC..(Washer, Herbert)
September 8, 2023 Opinion or Order Filing 18 NOTICE OF APPEARANCE by Raymond Michael Sarola on behalf of Phunware, Inc...(Sarola, Raymond)
September 6, 2023 Opinion or Order Filing 17 JOINT STIPULATION REGARDING SERVICE AND TIME TO RESPOND TO COMPLAINT NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED as follows: 1. Subject to the reservation of rights contained in paragraph 6 below, Defendant agrees to waive service of the Summons and Complaint; 2. The time for Defendant to move against, answer, or otherwise respond to the Complaint, is extended to and includes October 6, 2023. 3. To the extent ordered by the Court, in advance of October 6, 2023, the parties will comply with the Courts Special Rules for Motions to Dismiss by serving and/or filing pre-motion letters as set out in this Courts Individual Practices III.A and III.B. 4. If Defendant decides to file a motion to dismiss, and unless the Court orders otherwise: a. Defendant shall move to dismiss the Complaint by October 6, 2023; b. On or before October 16, 2023, Plaintiff shall notify the Court and Defendant in writing whether (1) it intends to file an amended pleading and when it will do so; or (2) it will rely on the pleading being attacked; c. To the extent Plaintiff notifies the Court it will rely on its current pleading, Plaintiff shall respond to the motion to dismiss on or before December 5, 2023. d. Defendant shall file a reply in further support of its motion to dismiss on or before January 4, 2023. (And as further set forth herein.) SO ORDERED. UBS Securities LLC answer due 10/6/2023.(Motions due by 10/6/2023., Replies due by 1/4/2024., Responses due by 12/5/2023) (Signed by Judge Analisa Torres on 9/6/2023) (jca)
September 5, 2023 Opinion or Order Filing 16 LETTER addressed to Judge Analisa Torres from Laura H. Posner dated September 5, 2023 re: the Court's September 1, 2023 Order (ECF No. 15). Document filed by Phunware, Inc...(Posner, Laura)
September 1, 2023 Opinion or Order Filing 15 ORDER The Court has reviewed Defendant's letter dated September 1, 2023. See ECF No. 14. By September 5, 2023, Plaintiff is directed to respond, including whether it intends to move for relief from the automatic stay of discovery under the Private Securities Litigation Reform Act, 15 U.S.C. 78u-4(b)(3)(B). The parties' deadline to file a revised proposed joint stipulation is adjourned sine die. SO ORDERED. (Signed by Judge Analisa Torres on 9/1/2023) (jca) Modified on 9/21/2023 (jca).
September 1, 2023 Opinion or Order Filing 14 LETTER addressed to Judge Analisa Torres from Herbert S. Washer dated September 1, 2023 re: Seeking Clarification with Respect to the Court's August 29, 2023 Order (ECF No. 13). Document filed by UBS Securities LLC..(Washer, Herbert)
August 29, 2023 Opinion or Order Filing 13 ORDER Accordingly, by September 5, 2023, the parties shall file a revised proposed joint stipulation. SO ORDERED. (Signed by Judge Analisa Torres on 8/29/2023) (jca)
August 28, 2023 Opinion or Order Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by UBS Securities LLC..(Washer, Herbert)
August 28, 2023 Opinion or Order Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UBS AG, Corporate Parent UBS Group AG, Corporate Parent UBS Americas Holdings LLC, Corporate Parent UBS Americas Inc. for UBS Securities LLC. Document filed by UBS Securities LLC..(Washer, Herbert)
August 28, 2023 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Tammy Lynn Roy on behalf of UBS Securities LLC..(Roy, Tammy)
August 28, 2023 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Herbert Scott Washer on behalf of UBS Securities LLC..(Washer, Herbert)
July 26, 2023 Opinion or Order Filing 8 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 7/26/2023) (kv)
July 26, 2023 Opinion or Order Filing 7 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 7/26/2023) (kv)
July 26, 2023 Opinion or Order Filing 6 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 September 25, 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 7/26/2023) (kv)
July 26, 2023 Opinion or Order Filing 5 ELECTRONIC SUMMONS ISSUED as to UBS Securities LLC..(jgo)
July 26, 2023 Opinion or Order 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..(jgo)
July 26, 2023 Opinion or Order Magistrate Judge Gabriel W. Gorenstein 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)
July 26, 2023 Opinion or Order Case Designated ECF. (jgo)
July 25, 2023 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to UBS Securities LLC, re: #1 Complaint. Document filed by Phunware, Inc...(Posner, Laura)
July 25, 2023 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Phunware, Inc...(Posner, Laura)
July 25, 2023 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Posner, Laura)
July 25, 2023 Opinion or Order Filing 1 COMPLAINT against UBS Securities LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28051269)Document filed by Phunware, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Posner, Laura)

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Plaintiff: Phunware, Inc.
Represented By: Laura Helen Posner
Represented By: Raymond Michael Sarola
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Defendant: UBS Securities LLC
Represented By: Herbert Scott Washer
Represented By: Tammy Lynn Roy
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