Kersch v. FOXO Technologies Inc.
Plaintiff: Mitchell Kersch
Defendant: FOXO Technologies Inc.
Case Number: 1:2024cv05408
Filed: July 17, 2024
Court: US District Court for the Southern District of New York
Presiding Judge: Analisa Torres
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. ยง 1332 pm Diversity: Promissory Note
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 24, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 3, 2024 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Henry J. Ricardo to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (jjc)
August 26, 2024 Filing 11 CLERK'S CERTIFICATE OF DEFAULT as to FOXO Technologies, Inc..(nd)
August 26, 2024 Filing 10 DECLARATION of John E. Lawlor, Esq. in Support re: #9 Proposed Clerk's Certificate of Default. Document filed by Mitchell Kersch..(Lawlor, John)
August 26, 2024 Filing 9 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Mitchell Kersch..(Lawlor, John) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/26/2024 (nd).
July 22, 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 7/22/2024) (mml)
July 22, 2024 Opinion or Order Filing 7 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. (Signed by Judge Analisa Torres on 7/22/2024) (mml)
July 22, 2024 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 20, 2024, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below, as further set forth herein. (Signed by Judge Analisa Torres on 7/22/2024) (mml)
July 22, 2024 Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint. FOXO Technologies Inc. served on 7/19/2024, answer due 8/9/2024. Service was accepted by Justin Woods. Document filed by Mitchell Kersch..(Lawlor, John)
July 18, 2024 Filing 4 ELECTRONIC SUMMONS ISSUED as to FOXO Technologies Inc...(pc)
July 18, 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..(pc)
July 18, 2024 Case Designated ECF. (pc)
July 18, 2024 Magistrate Judge James L. Cott 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. (pc)
July 18, 2024 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Edward Lawlor. The following case opening statistical information was erroneously selected/entered: Dollar Demand $378,625,000; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the County code has been modified to Nassau; the Fee Status code has been modified to pd (paid);. (pc)
July 17, 2024 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by Mitchell Kersch..(Lawlor, John)
July 17, 2024 Filing 2 CIVIL COVER SHEET filed..(Lawlor, John)
July 17, 2024 Filing 1 COMPLAINT against FOXO Technologies Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-29618347)Document filed by Mitchell Kersch. (Attachments: #1 Exhibit Promissory Note).(Lawlor, John)

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Plaintiff: Mitchell Kersch
Represented By: John Edward Lawlor
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Defendant: FOXO Technologies Inc.
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