Smith et al v. RPA Energy, Inc.
Plaintiff: James Smith and Tylar Spencer
Defendant: RPA Energy, Inc., Brian Trombino and Adam Bashe
Case Number: 1:2024cv01254
Filed: February 20, 2024
Court: US District Court for the Southern District of New York
Presiding Judge: Jed S Rakoff
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 oc Diversity-Other Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2024 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 4/19/2024. Counsel for both parties present. (nmo)
April 19, 2024 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff:. Oral Argument originally set for 4/19/2024 at 01:30 PM has been adjourned to 4/19/2024 at 02:00 PM before Judge Jed S. Rakoff. (nmo)
April 18, 2024 Opinion or Order Filing 31 NOTICE OF APPEARANCE by Ashwin J. Ram on behalf of RPA Energy, Inc...(Ram, Ashwin)
April 12, 2024 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff:. Oral Argument set for 4/19/2024 at 01:30 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (nmo)
April 10, 2024 Opinion or Order Filing 30 REPLY MEMORANDUM OF LAW in Opposition re: #18 MOTION to Compel Arbitration and Stay All Proceedings. (authorized sur-reply, see Minute Entry dated 4/10/24). Document filed by James Smith, Tylar Spencer..(McInturff, J. Burkett)
April 10, 2024 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/10/2024, without transcription or recording during which counsel for all parties was present. The Court granted plaintiff leave to file a sur-reply, not to exceed seven pages, in connection with defendants motion to compel arbitration (Dkt. 18). (nmo)
April 9, 2024 Opinion or Order Filing 29 NOTICE OF APPEARANCE by Jessica Hunter on behalf of James Smith, Tylar Spencer..(Hunter, Jessica)
April 8, 2024 Opinion or Order Filing 28 DECLARATION of Adam Bashe in Support re: #18 MOTION to Compel Arbitration and Stay All Proceedings.. Document filed by RPA Energy, Inc...(Goldstick, Evan)
April 8, 2024 Opinion or Order Filing 27 REPLY MEMORANDUM OF LAW in Support re: #18 MOTION to Compel Arbitration and Stay All Proceedings. . Document filed by RPA Energy, Inc...(Goldstick, Evan)
April 5, 2024 Opinion or Order Filing 26 DECLARATION of Tylar Spencer in Opposition re: #18 MOTION to Compel Arbitration and Stay All Proceedings.. Document filed by James Smith, Tylar Spencer..(McInturff, J. Burkett)
April 5, 2024 Opinion or Order Filing 25 MEMORANDUM OF LAW in Opposition re: #18 MOTION to Compel Arbitration and Stay All Proceedings. . Document filed by James Smith, Tylar Spencer..(McInturff, J. Burkett)
April 4, 2024 Opinion or Order Filing 24 SUMMONS RETURNED EXECUTED. Brian Trombino served on 4/1/2024, answer due 4/22/2024. Service was accepted by Stacy Laatsch, Authorized Agent. Document filed by James Smith; Tylar Spencer..(Blankinship, Douglas)
April 4, 2024 Opinion or Order Filing 23 SUMMONS RETURNED EXECUTED. Adam Bashe served on 4/1/2024, answer due 4/22/2024. Service was accepted by Stacy Laatsch, Authorized Agent. Document filed by James Smith; Tylar Spencer..(Blankinship, Douglas)
April 2, 2024 Opinion or Order Filing 22 DECLARATION of Evan M. Goldstick in Support re: #18 MOTION to Compel Arbitration and Stay All Proceedings.. Document filed by RPA Energy, Inc...(Goldstick, Evan)
April 2, 2024 Opinion or Order Filing 21 DECLARATION of Adam Bashe in Support re: #18 MOTION to Compel Arbitration and Stay All Proceedings.. Document filed by RPA Energy, Inc.. (Attachments: #1 Exhibit A - Spencer Contract).(Goldstick, Evan)
April 2, 2024 Opinion or Order Filing 20 DECLARATION of TPV, LLC in Support re: #18 MOTION to Compel Arbitration and Stay All Proceedings.. Document filed by RPA Energy, Inc...(Goldstick, Evan)
April 2, 2024 Opinion or Order Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Compel Arbitration and Stay All Proceedings. . Document filed by RPA Energy, Inc...(Goldstick, Evan)
April 2, 2024 Opinion or Order Filing 18 MOTION to Compel Arbitration and Stay All Proceedings. Document filed by RPA Energy, Inc...(Goldstick, Evan)
April 1, 2024 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: The Initial Conference set for 4/1/2024 at 11:00 AM before Judge Jed S. Rakoff has been canceled. (nmo)
March 28, 2024 Opinion or Order Filing 17 WAIVER OF SERVICE RETURNED EXECUTED. RPA Energy, Inc. waiver sent on 3/22/2024, answer due 5/21/2024. Document filed by James Smith; Tylar Spencer..(Blankinship, Douglas)
March 28, 2024 Opinion or Order Filing 16 NOTICE OF APPEARANCE by Evan Goldstick on behalf of RPA Energy, Inc...(Goldstick, Evan)
March 25, 2024 Opinion or Order Filing 15 ELECTRONIC AMENDED SUMMONS ISSUED as to RPA Energy, Inc.. (vf)
March 22, 2024 Opinion or Order Filing 14 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to RPA Energy, Inc., re: #8 Amended Complaint. Document filed by James Smith, Tylar Spencer..(McInturff, J. Burkett)
March 22, 2024 Opinion or Order Filing 13 ELECTRONIC SUMMONS ISSUED as to Adam Bashe. (vf)
March 22, 2024 Opinion or Order Filing 12 ELECTRONIC SUMMONS ISSUED as to Brian Trombino. (vf)
March 22, 2024 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney J. Burkett McInturff to RE-FILE Document No. #9 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the wrong event type was used to file the request for issuance of summons; Defendant party name alias listed on Summons PDF does not correspond to pleading caption. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
March 21, 2024 Opinion or Order Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Adam Bashe, re: #8 Amended Complaint. Document filed by James Smith, Tylar Spencer..(McInturff, J. Burkett)
March 21, 2024 Opinion or Order Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Brian Trombino, re: #8 Amended Complaint. Document filed by James Smith, Tylar Spencer..(McInturff, J. Burkett)
March 21, 2024 Opinion or Order Filing 9 FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to RPA Energy, Inc., re: #8 Amended Complaint. Document filed by James Smith, Tylar Spencer..(McInturff, J. Burkett) Modified on 3/22/2024 (vf).
March 21, 2024 Opinion or Order Filing 8 FIRST AMENDED COMPLAINT amending #1 Complaint against RPA Energy, Inc., Brian Trombino, Adam Bashe with JURY DEMAND.Document filed by James Smith, Tylar Spencer. Related document: #1 Complaint..(McInturff, J. Burkett)
March 18, 2024 Opinion or Order Filing 7 NOTICE OF COURT CONFERENCE: Initial Conference set for 4/1/2024 at 11:00 AM before Judge Jed S. Rakoff. The dial-in information for the call will be as follows: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415. SO ORDERED. (Signed by Judge Jed S. Rakoff on 3/18/2024) (ks)
February 21, 2024 Opinion or Order Filing 6 NOTICE OF APPEARANCE by Erin Kelley on behalf of James Smith, Tylar Spencer..(Kelley, Erin)
February 21, 2024 Opinion or Order Filing 5 NOTICE OF APPEARANCE by Douglas Gregory Blankinship on behalf of James Smith, Tylar Spencer..(Blankinship, Douglas)
February 21, 2024 Opinion or Order Filing 4 ELECTRONIC SUMMONS ISSUED as to RPA Energy, Inc...(gp)
February 21, 2024 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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..(gp)
February 21, 2024 Opinion or Order Magistrate Judge Robyn F. Tarnofsky 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. (gp)
February 21, 2024 Opinion or Order Case Designated ECF. (gp)
February 20, 2024 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to RPA Energy, Inc., re: #1 Complaint. Document filed by James Smith, Tylar Spencer..(McInturff, J. Burkett)
February 20, 2024 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(McInturff, J. Burkett)
February 20, 2024 Opinion or Order Filing 1 COMPLAINT against RPA Energy, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28968287)Document filed by James Smith, Tylar Spencer. (Attachments: #1 Exhibit A).(McInturff, J. Burkett)

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Plaintiff: James Smith
Represented By: J. Burkett McInturff
Represented By: Douglas Gregory Blankinship
Represented By: Erin Kelley
Represented By: Jessica Hunter
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Plaintiff: Tylar Spencer
Represented By: J. Burkett McInturff
Represented By: Douglas Gregory Blankinship
Represented By: Erin Kelley
Represented By: Jessica Hunter
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Defendant: RPA Energy, Inc.
Represented By: Ashwin J. Ram
Represented By: Evan Goldstick
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Defendant: Brian Trombino
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Defendant: Adam Bashe
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