Kern et al v. Stubhub, Inc.
Plaintiff: Lowell Kern and Joseph Ball
Defendant: Stubhub, Inc.
Case Number: 1:2024cv00871
Filed: February 6, 2024
Court: US District Court for the Southern District of New York
Presiding Judge: Analisa Torres
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 fr Diversity-Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2024 Opinion or Order Filing 19 ORDER granting #18 Letter Motion for Extension of Time. GRANTED. SO ORDERED. ( Amended Pleadings due by 4/30/2024.) (Signed by Judge Analisa Torres on 4/1/24) (yv)
April 1, 2024 Set/Reset Deadlines: Stubhub, Inc. answer due 5/30/2024. Responses due by 7/12/2024 Replies due by 8/1/2024. (yv)
March 29, 2024 Filing 18 CONSENT LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Hannah Y. Chanoine dated 03/29/2024. Document filed by Stubhub, Inc...(Chanoine, Hannah)
March 6, 2024 Opinion or Order Filing 17 ORDER granting #15 Motion for Berit G. Fitzsimmons to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (dt)
March 6, 2024 Opinion or Order Filing 16 ORDER granting #14 Motion for Matthew D. Powers to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (dt)
March 6, 2024 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Berit G. Fitzsimmons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29038210. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)
March 5, 2024 Filing 15 MOTION for Berit G. Fitzsimmons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29038210. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Stubhub, Inc.. (Attachments: #1 Exhibit Declaration of Berit G. Fitzsimmons in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing Supreme Court of California, #3 Proposed Order for Admission Pro Hac Vice).(Fitzsimmons, Berit)
March 5, 2024 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Matthew D. Powers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29030996. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)
March 4, 2024 Filing 14 MOTION for Matthew D. Powers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29030996. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Stubhub, Inc.. (Attachments: #1 Exhibit Declaration of Matthew D. Powers in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing Supreme Court of California, #3 Exhibit Proposed Order for Admission Pro Hac Vice).(Powers, Matthew)
February 26, 2024 Opinion or Order Filing 13 ORDER granting #11 Letter Motion for Extension of Time to Answer re #11 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Analisa Torres from Hannah Y. Chanoine dated February 23, 2024. GRANTED. SO ORDERED. Stubhub, Inc. answer due 4/5/2024. (Signed by Judge Analisa Torres on 2/26/2024) (va)
February 23, 2024 Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent StubHub Holdco Sub, LLC, Other Affiliate StubHub Holdings, Inc. for Stubhub, Inc.. Document filed by Stubhub, Inc...(Chanoine, Hannah)
February 23, 2024 Filing 11 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Analisa Torres from Hannah Y. Chanoine dated February 23, 2024. Document filed by Stubhub, Inc...(Chanoine, Hannah)
February 23, 2024 Filing 10 NOTICE OF APPEARANCE by Hannah Yael Shay Chanoine on behalf of Stubhub, Inc...(Chanoine, Hannah)
February 15, 2024 Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint served. Stubhub, Inc. served on 2/14/2024, answer due 3/6/2024. Service was accepted by Nadia Bellamy, Intake Specialist. Document filed by Lowell Kern; Joseph Ball..(Reich, Mark)
February 8, 2024 Opinion or Order Filing 8 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 2/8/2024) (jca)
February 8, 2024 Opinion or Order Filing 7 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 May 8, 2024, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. COUNSEL FOR PLAINTIFFS IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURTS INDIVIDUAL PRACTICES TO ALL PARTIES. If this case has been settled or otherwise terminated, counsel are required to file a stipulation of discontinuance, voluntary dismissal, or other proof of termination electronically on ECF, with a courtesy copy emailed to chambers in accordance with the Court's Individual Practices. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 2/8/2024) (jca)
February 8, 2024 Opinion or Order Filing 6 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. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by May 8, 2024, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, on the docket. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by May 8, 2024, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 2/8/2024) (jca)
February 7, 2024 Filing 5 ELECTRONIC SUMMONS ISSUED as to Stubhub, Inc.. (vf)
February 7, 2024 Magistrate Judge Ona T. Wang 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. (vf)
February 7, 2024 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..(vf)
February 7, 2024 Case Designated ECF. (vf)
February 6, 2024 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Joseph Ball, Lowell Kern..(Reich, Mark)
February 6, 2024 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to StubHub, Inc., re: #1 Complaint. Document filed by Joseph Ball, Lowell Kern..(Reich, Mark)
February 6, 2024 Filing 2 CIVIL COVER SHEET filed..(Reich, Mark)
February 6, 2024 Filing 1 COMPLAINT against Stubhub, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28912753)Document filed by Lowell Kern, Joseph Ball. (Attachments: #1 Exhibit A).(Reich, Mark)

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Plaintiff: Lowell Kern
Represented By: Mark Samuel Reich
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Plaintiff: Joseph Ball
Represented By: Mark Samuel Reich
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Defendant: Stubhub, Inc.
Represented By: Hannah Yael Shay Chanoine
Represented By: Berit Grace Fitzsimmons
Represented By: Matthew Powers
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