Felice et al v. Westpark Capital, Inc. et al
| Phil Felice, Dawn Felice, Michael Carey, Steven Spivack, Linda Spivack, Paul Spivack, Kathleen Spivack, Frank Held and Vincent Ruta |
| Westpark Capital, Inc., Robert Ainbinder, Michael Ainbinder and NYIAX, Inc. |
| 1:2023cv10138 |
| November 17, 2023 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.
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Filing 16
MEMO ENDORSEMENT on re: #14 Letter, filed by Michael Carey, Steven Spivack, Dawn Felice, Phil Felice, Linda Spivack, Frank Held, Vincent Ruta, Paul Spivack, Kathleen Spivack ENDORSEMENT: Granted. Plaintiffs may serve the Summons and Complaint on Defendant Robert Ainbinder through both (1) service on his employer, NYIAX, and (2) service through email to his arbitration counsel. So ordered. (Signed by Judge J. Paul Oetken on 1/10/2024) (ks)
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Filing 15
ORDER: Initial Conference set for 1/25/2024 at 02:30 PM before Judge J. Paul Oetken. Counsel should call (888) 557-8511 at the scheduled time. The access code is 9300838. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. Members of the public may join but are instructed to place their phones on mute. As further set forth in this order. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/10/2024) (ks)
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| Filing 14 LETTER addressed to Judge J. Paul Oetken from Kevin P. Conway dated January 9, 2024 re: Alternative Service on Defendant Robert Ainbinder. Document filed by Michael Carey, Dawn Felice, Phil Felice, Frank Held, Vincent Ruta, Kathleen Spivack, Linda Spivack, Paul Spivack, Steven Spivack..(Conway, Kevin) |
| Filing 13 AFFIRMATION OF SERVICE of Answer; served on Kevin Conway, Attorney on (not listed). Service was accepted by Kevin P. Conway, Esq. Document filed by Michael Ainbinder. (sc) |
| Filing 12 ANSWER to #1 Complaint. Document filed by Michael Ainbinder.(sc) |
| Filing 11 NOTICE OF APPEARANCE Pro Se by Michael Ainbinder. (sc) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Westpark Capital, Inc...(jgo) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Robert Ainbinder..(jgo) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to NYIAX, Inc...(jgo) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Michael Ainbinder..(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kevin P. Conway. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Suffolk;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kevin P. Conway. The party information for the following party/parties has been modified: Phil Felice; Dawn Felice; Michael Carey. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kevin P. Conway re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add Phil Felice, Dawn Felice and Michael Carey each 'individually'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to NYIAX, Inc., re: #1 Complaint,,. Document filed by Michael Carey, Dawn Felice, Phil Felice, Frank Held, Vincent Ruta, Kathleen Spivack, Linda Spivack, Paul Spivack, Steven Spivack..(Conway, Kevin) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Ainbinder, re: #1 Complaint,,. Document filed by Michael Carey, Dawn Felice, Phil Felice, Frank Held, Vincent Ruta, Kathleen Spivack, Linda Spivack, Paul Spivack, Steven Spivack..(Conway, Kevin) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Robert Ainbinder, re: #1 Complaint,,. Document filed by Michael Carey, Dawn Felice, Phil Felice, Frank Held, Vincent Ruta, Kathleen Spivack, Linda Spivack, Paul Spivack, Steven Spivack..(Conway, Kevin) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Westpark Capital, Inc., re: #1 Complaint,,. Document filed by Michael Carey, Dawn Felice, Phil Felice, Frank Held, Vincent Ruta, Kathleen Spivack, Linda Spivack, Paul Spivack, Steven Spivack..(Conway, Kevin) |
| Filing 2 CIVIL COVER SHEET filed..(Conway, Kevin) |
| Filing 1 COMPLAINT against Michael Ainbinder, Robert Ainbinder, NYIAX, Inc., Westpark Capital, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28585771)Document filed by Paul Spivack, Michael Carey, Kathleen Spivack, Vincent Ruta, Dawn Felice, Frank Held, Steven Spivack, Phil Felice, Linda Spivack. (Attachments: #1 Exhibit Exhibit 1 - "Capital Raising in the U.S.: An Analysis of the Market for Unregistered Securities Offerings, 2009-2017", Pages 36-37, #2 Exhibit Exhibit 2 - NASD Notice to Members 04-89, #3 Exhibit Exhibit 3 - Text Messages, #4 Exhibit Exhibit 4 - Regulation BI Form, #5 Exhibit Exhibit 5 - Amended and Restated Shareholders' Agreement).(Conway, Kevin) |
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