Sadiant, Inc. et al v. Penstock Consulting, LLC
Plaintiff: Sadiant, Inc. and Sadiant Health, LLC
Defendant: Penstock Consulting, LLC
Case Number: 1:2023cv07872
Filed: September 5, 2023
Court: U.S. District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Copyright
Cause of Action: 28 U.S.C. § 2201 dj Declaratory Judgment
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 11, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 3, 2023 Opinion or Order Filing 25 MEMO ENDORSEMENT on re: #24 Response to Motion, filed by Sadiant Health, LLC, Sadiant, Inc. ENDORSEMENT: The Court is in receipt of Defendant's Motion to Dismiss (Dkt. #16) and Plaintiffs' above response (Dkt. #24). As an initial matter, the Court hereby ORDERS Mr. Lawrence Friedman to file an application for admission pro hac vice on or before November 8, 2023, if he intends to appear on behalf of Defendant in this action. Furthermore, the Court does not appreciate Defendant's continued disregard for this Court's rules. Nonetheless, the Court has determined that it will dispense with its pre-motion submissions requirement in this instance. Defendant is hereby ORDERED to submit an amended version of its Motion to Dismiss, conforming its memorandum to the Local Rules and to this Court's Individual Rules - specifically, Individual Rule 4(B) - on or before November 10, 2023. Plaintiffs are hereby ORDERED to submit any opposition to Defendant's motion on or before November 24, 2023. Defendant shall submit any further reply on or before December 1, 2023. Finally, the Court hereby ADJOURNS the initial pretrial conference scheduled for November 29, 2023 sine die. The Court advises Defendant that it will not be so accommodating of any further violations of this Court's rules. ( Motions due by 11/10/2023., Responses due by 11/24/2023, Replies due by 12/1/2023.) (Signed by Judge Katherine Polk Failla on 11/3/2023) (rro)
November 2, 2023 Opinion or Order Filing 24 LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Robert S. Weisbein dated November 2, 2023 re: #16 MOTION to Dismiss . (Pre-Motion Submission). Document filed by Sadiant Health, LLC, Sadiant, Inc...(Weisbein, Robert)
November 2, 2023 Opinion or Order Filing 23 ORDER ON ADMISSION PRO HAC VICE granting #21 Motion for J. Michael Thomas to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at docket entry 21. (Signed by Judge Katherine Polk Failla on 11/2/2023) (rro)
November 2, 2023 Opinion or Order Filing 22 ORDER ON ADMISSION PRO HAC VICE granting #20 Motion for Davis G. Mosmeyer III to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at docket entry 20. (Signed by Judge Katherine Polk Failla on 11/2/2023) (rro)
November 1, 2023 Opinion or Order Filing 21 MOTION for J. Michael Thomas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sadiant Health, LLC, Sadiant, Inc.. (Attachments: #1 Affidavit of J. Michael Thomas, #2 Proposed Order on Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing).(Thomas, Jonathan)
November 1, 2023 Opinion or Order Filing 20 MOTION for Davis G. Mosmeyer III to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sadiant Health, LLC, Sadiant, Inc.. (Attachments: #1 Affidavit of Davis G. Mosmeyer III, #2 Proposed Order on Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing).(Mosmeyer, Davis)
November 1, 2023 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for J. Michael Thomas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
November 1, 2023 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Davis G. Mosmeyer III to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
October 31, 2023 Opinion or Order Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Davis G. Mosmeyer III to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sadiant Health, LLC, Sadiant, Inc.. (Attachments: #1 Affidavit of Davis G. Mosmeyer III, #2 Proposed Order on Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing).(Mosmeyer, Davis) Modified on 10/31/2023 (va).
October 31, 2023 Opinion or Order Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for J. Michael Thomas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sadiant Health, LLC, Sadiant, Inc.. (Attachments: #1 Affidavit of J. Michael Thomas, #2 Proposed Order on Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing).(Thomas, Jonathan) Modified on 10/31/2023 (va).
October 31, 2023 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #15 MOTION for J. Michael Thomas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28497659. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba)
October 31, 2023 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #17 MOTION for David G. Mosmeyer III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28498486. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba)
October 31, 2023 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 MOTION for Davis G. Mosmeyer III to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of Texas. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (va)
October 31, 2023 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #18 MOTION for J. Michael Thomas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of Texas. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (va)
October 30, 2023 Opinion or Order Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David G. Mosmeyer III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28498486. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sadiant Health, LLC, Sadiant, Inc.. (Attachments: #1 Affidavit of David G. Mosmeyer III, #2 Proposed Order on Admission Pro Hac Vice).(Mosmeyer, Davis) Modified on 10/31/2023 (vba).
October 30, 2023 Opinion or Order Filing 16 MOTION to Dismiss . Document filed by Penstock Consulting, LLC. (Attachments: #1 Affidavit Declaration of Joseph Williams).(Friedman, Jason)
October 30, 2023 Opinion or Order Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for J. Michael Thomas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28497659. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sadiant Health, LLC, Sadiant, Inc.. (Attachments: #1 Affidavit of J. Michael Thomas, #2 Proposed Order on Admission Pro Hac Vice).(Thomas, Jonathan) Modified on 10/31/2023 (vba).
October 17, 2023 Opinion or Order Filing 14 ORDER granting #12 Letter Motion for Extension of Time to Answer re #12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Katherine Polk Failla from Lawrence J. Friedman dated October 16, 2023., #1 Complaint. The Court is in receipt of Defendant's request for an additional extension of time to file its Answer (Dkt. #12) as well as Plaintiffs' above response (Dkt. #13). The Court hopes Defendant's counsel is recovering quickly and sends its sympathy regarding the impact of the violence in Israel on Defendant's counsel's family. The deadline by which Defendant must file an answer to the Complaint is hereby ADJOURNED to October 30, 2023. The Court further ORDERS Defendant's counsel to file for admission to practice before this Court pro hac vice and advises Defendant's counsel to refer to this Court's Individual Rules (which may be found at https://www.nysd.uscourts.gov/honkatherine-polk-failla) regarding any future submissions to this Court. The Clerk of Court is directed to terminate the pending motion at docket entry 12. Penstock Consulting, LLC answer due 10/30/2023. (Signed by Judge Katherine Polk Failla on 10/17/2023) (rro)
October 17, 2023 Opinion or Order Filing 13 LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Robert S. Weisbein dated October 17, 2023 re: #12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Katherine Polk Failla from Lawrence J. Friedman dated October 16, 2023. . Document filed by Sadiant Health, LLC, Sadiant, Inc...(Weisbein, Robert)
October 16, 2023 Opinion or Order Filing 12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Katherine Polk Failla from Lawrence J. Friedman dated October 16, 2023. Document filed by Penstock Consulting, LLC. Return Date set for 10/16/2023 at 03:00 PM..(Friedman, Jason)
October 16, 2023 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Jason Howard Friedman on behalf of Penstock Consulting, LLC..(Friedman, Jason)
October 4, 2023 Opinion or Order Filing 10 ORDER granting #9 Letter Motion for Extension of Time to Answer re #9 JOINT LETTER MOTION for Extension of Time to File Answer or Otherwise Move addressed to Judge Katherine Polk Failla from Robert S. Weisbein dated October 3, 2023., #1 Complaint. Application GRANTED. The deadline by which Defendant must answer the Complaint or otherwise move is hereby ADJOURNED to October 16, 2023. The Clerk of Court is directed to terminate the motion at docket entry 9. Penstock Consulting, LLC answer due 10/16/2023. (Signed by Judge Katherine Polk Failla on 10/4/2023) (rro)
October 3, 2023 Opinion or Order Filing 9 JOINT LETTER MOTION for Extension of Time to File Answer or Otherwise Move addressed to Judge Katherine Polk Failla from Robert S. Weisbein dated October 3, 2023. Document filed by Sadiant Health, LLC, Sadiant, Inc...(Weisbein, Robert)
September 14, 2023 Opinion or Order Filing 8 NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on November 29, 2023, at 2:30 p.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Initial Conference set for 11/29/2023 at 02:30 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 9/14/2023) (rro)
September 6, 2023 Opinion or Order Filing 7 ELECTRONIC SUMMONS ISSUED as to Penstock Consulting, LLC..(jgo)
September 6, 2023 Opinion or Order Filing 6 CIVIL COVER SHEET filed..(Weisbein, Robert)
September 6, 2023 Opinion or Order Filing 5 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Weisbein, Robert) Modified on 9/6/2023 (jgo).
September 6, 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)
September 6, 2023 Opinion or Order ***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Robert S. Weisbein to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents. (jgo)
September 6, 2023 Opinion or Order Case Designated ECF. (jgo)
September 6, 2023 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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)
September 6, 2023 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Robert S. Weisbein to RE-FILE Document No. #5 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; multiple Nature of Suit codes was selected;. 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)
September 6, 2023 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Robert S. Weisbein 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; multiple Nature of Suit codes was selected;. 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)
September 5, 2023 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Penstock Consulting, LLC, re: #1 Complaint. Document filed by Sadiant Health, LLC, Sadiant, Inc...(Weisbein, Robert)
September 5, 2023 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sadiant Health, LLC, Sadiant, Inc...(Weisbein, Robert)
September 5, 2023 Opinion or Order Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Weisbein, Robert) Modified on 9/6/2023 (jgo).
September 5, 2023 Opinion or Order Filing 1 COMPLAINT against Penstock Consulting, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28240990)Document filed by Sadiant, Inc., Sadiant Health, LLC. (Attachments: #1 Exhibit A).(Weisbein, Robert)

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Plaintiff: Sadiant, Inc.
Represented By: Robert S. Weisbein
Represented By: Davis G. Mosmeyer, III
Represented By: Jonathan Michael Thomas
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Plaintiff: Sadiant Health, LLC
Represented By: Robert S. Weisbein
Represented By: Davis G. Mosmeyer, III
Represented By: Jonathan Michael Thomas
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Defendant: Penstock Consulting, LLC
Represented By: Jason Howard Friedman
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