Bouderau v. McCarthy
| Mr Raymond Bouderau and Raymond Bouderau |
| Duncan McCarthy |
| 7:2020cv04384 |
| June 8, 2020 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Paul E Davison |
| Nelson Stephen Roman |
| Securities/Commodities |
| 28 U.S.C. § 1331 sv Fed. Question: Securities Violation |
| Plaintiff |
Docket Report
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Filing 31
SCHEDULING ORDER: The Court has scheduled a Telephone Conference before the Honorable Paul E. Davison, United States Magistrate Judge, on May 5, 2022 at 10:30 a.m. PLEASE NOTE JUDGE DAVISON'S COVID-19 ORDER (docketed separately) setting forth procedures applicable to all civil cases. PLEASE NOTIFY YOUR ADVERSARY OF THIS SCHEDULE IMMEDIATELY. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 4/5/2022) Telephone Conference set for 5/5/2022 at 10:30 AM before Magistrate Judge Paul E. Davison. (ks)
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Filing 30
ORDER. Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839, Access Code: 5999739. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 4/1/22) (yv)
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Filing 29
DISCOVERY ORDER. In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes as further set forth in this Order. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 4/1/22) (yv)
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Filing 28
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Paul E. Davison. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/31/22) (yv)
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Filing 27
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. This case is to be tried to a jury. Amended Pleadings due by 6/15/2022. Joinder of Parties due by 6/15/2022. Deposition due by 8/15/2022. Discovery due by 9/7/2022. The Magistrate Judge assigned to this case is the Hon. Paul E. Davison. Case Management Conference set for 10/4/2022 at 10:00 AM before Judge Nelson Stephen Roman. This conference will be held by AT&T Teleconference. To access the teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code: 1231334 #; (3) Press pound (#) to enter the teleconference as a guest. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/31/22) (yv)
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Filing 26
PROPOSED SCHEDULING ORDER. Document filed by Raymond Bouderau..(Markovich, Raymond)
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Filing 25
ORDER: The Court waives the Initial Pre-trial Conference and directs the parties to complete a Case Management Plan and Scheduling Order (blank form attached hereto). Said Scheduling Order shall be submitted to chambers by March 10, 2022. After review and approval of the Scheduling Order, the Court will issue an Order of Reference to Magistrate Judge Paul E. Davison for general pretrial purposes. The parties are directed to contact Judge Davison within seven (7) business days of the date of the Order of Reference to schedule a conference. (Signed by Judge Nelson Stephen Roman on 2/23/2022) (ate)
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Filing 24
ANSWER to #23 Counterclaim. Document filed by Raymond Bouderau..(Markovich, Raymond)
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Filing 23
ANSWER to #1 Complaint., COUNTERCLAIM against Raymond Bouderau. Document filed by Duncan McCarthy..(Kazan, Barry)
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Filing 22
NOTICE of Substitution of Attorney. Old Attorney: Rafael Vergara, New Attorney: Barry M Kazan, Address: Mintz & Gold LLP, 600 Third Ave., 25th Fl., New York, NY, United States 10016, 2126964848. Document filed by Duncan McCarthy..(Kazan, Barry)
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time. The Court grants the parties' request to extend the briefing schedule as follows: Defendant's moving papers shall be served (not filed) on or before February 1, 2022; Plaintiff's opposition papers shall be served (not filed) on or before March 8, 2022; Defendant's reply papers shall be served on or before April 1, 2022. All motion documents shall be filed on the reply date, April 1, 2022. The Clerk of the Court is kindly directed to terminate motion at ECF No. 20. Motions due by 4/1/2022. (Signed by Judge Nelson Stephen Roman on 11/16/2021) (ate)
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Filing 20
MOTION for Extension of Time Correspondence to Court and Stipulation re Extension of Time For Anticipated Substitution of Counsel. Document filed by Duncan McCarthy..(Vergara, Rafael)
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Filing 19
LETTER addressed to Judge Nelson Stephen Roman from Defendant counsel dated 09/21/2021 re: ECF 15 and ECF 17 re Opposition to Plaintiff request to move for default. Document filed by Duncan McCarthy..(Vergara, Rafael)
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Filing 18
ORDER terminating #16 Motion for Extension of Time. In light of the Court's view that "[a]djudication of claims on their merits is generally preferable to proceedings by default," Foremost Guaranty Corp. v. Public Equities Corp., No. 86 Civ. 6421 (CSH), 1988 WL 100205, at *2 (S.D.N.Y. 1988), Plaintiff's request for leave to file a motion for default is denied. Defendant's request for an extension is granted. Defendant is directed to file their motion to dismiss pursuant to the following briefing schedule: Defendant's moving papers shall be served (not filed) on or before November 16, 2021; Plaintiff's opposition papers shall be served (not filed) on or before December 27, 2021; Defendants' reply papers shall be served on or before January 11, 2022. All motion documents shall be filed on the reply date, January 11, 2022. The parties are directed to mail two courtesy copies of their motion documents to Chambers as they are served. The Clerk of the Court is kindly directed to terminate the motion at ECF No. 16. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 9/16/2021) (mml) Modified on 9/17/2021 (mml).
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Set/Reset Deadlines: Motions due by 1/11/2022. Responses due by 1/11/2022 Replies due by 1/11/2022. (mml)
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Filing 17
MEMO ENDORSEMENT on re: #15 Letter, filed by Raymond Bouderau. ENDORSEMENT: Defendant is directed to respond to this letter on or before September 22, 2021. (Signed by Judge Nelson Stephen Roman on 9/16/2021) (ate)
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Filing 16
LETTER MOTION for Extension of Time Opposition to Plaintiff request to move for default and Defendant request for additional time to move to dismiss addressed to Judge Nelson Stephen Roman from Defendant counsel dated September 16, 2021. Document filed by Duncan McCarthy..(Vergara, Rafael)
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Filing 15
LETTER addressed to Judge Nelson Stephen Roman from Raymond J Markovich dated September 11, 2021 re: PRE-MOTION LETTER REQUESTING LEAVE TO SERVE A MOTION FOR DEFAULT. Document filed by Raymond Bouderau. (Attachments: #1 Exhibit Correspondence).(Markovich, Raymond)
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time. The application is granted and the briefing schedule is extended as follows: Defendant's moving papers shall be served (not filed) on or before August 19, 2021; Plaintiff's opposition papers shall be served (not filed) on or before September 20, 2021; Defendant's reply shall be served on or before October 7, 2021. All motion documents shall be filed on the reply date, October 7, 2021. The parties shall mail two physical courtesy copies and email one electronic copy of motion documents to Chambers as they are served. The Clerk of the Court is kindly directed to terminate the motion at ECF No. 13. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/21/2021) (kv)
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Filing 13
JOINT LETTER MOTION for Extension of Time addressed to Judge Nelson Stephen Roman from Eric Porter dated June 21, 2021. Document filed by Duncan McCarthy..(Porter, Eric)
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Set/Reset Deadlines: Motions due by 10/7/2021. Responses due by 10/7/2021 Replies due by 10/7/2021. (kv)
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Filing 12
MEMO ENDORSEMENT on re: #7 Letter filed by Duncan McCarthy, #9 Letter filed by Raymond Bouderau, #8 Letter filed by Raymond Bouderau. ENDORSEMENT: The Court reviewed Defendant's letter, dated August 31, 2020, requesting a pre-motion conference to discuss its intended motion to dismiss (ECF No. 7), as well as Plaintiff's response (ECF No. 8) and corrected response (ECF No. 9), both dated September 3, 2020. Defendant's request for a pre-motion conference is denied and the pre-motion conference requirement is waived. Defendant is granted leave to file his proposed motion to dismiss with the following briefing schedule: Defendant's moving papers shall be served (not filed) on or before July 14, 2021; Plaintiff's opposition papers shall be served (not filed) on or before August 13, 2021; Defendant's reply papers shall be served on or before August 30, 2021. All motion documents shall be filed on the reply date, August 30, 2021. The parties shall mail two physical courtesy copies and email one electronic copy to Chambers as the motion documents are served. SO ORDERED., Motions due by 8/30/2021. (Signed by Judge Nelson Stephen Roman on 6/14/2021) (rj)
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Filing 11
LETTER addressed to Judge Nelson Stephen Roman from Raymond J Markovich dated June 13, 2021 re: Status concerning Defendant's Pre-Motion Letter. Document filed by Raymond Bouderau..(Markovich, Raymond)
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Filing 10
NOTICE OF APPEARANCE by Eric Brent Porter on behalf of Duncan McCarthy..(Porter, Eric)
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Filing 9
LETTER addressed to Judge Nelson Stephen Roman from Raymond Bouderau dated 09/03/2020 re: [Corrected] Response To Defendant's Pre-Motion Letter. Document filed by Raymond Bouderau..(Markovich, Raymond)
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Filing 8
LETTER addressed to Judge Nelson Stephen Roman from Raymond Bouderau dated 09/03/2020 re: Response To Defendant's Pre-Motion Letter. Document filed by Raymond Bouderau..(Markovich, Raymond)
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Filing 7
LETTER addressed to Judge Nelson Stephen Roman from Eric Porter dated August 31, 2020 re: Request for Pre-Motion Conference. Document filed by Duncan McCarthy..(Porter, Eric)
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Filing 6
CIVIL COVER SHEET filed..(Markovich, Raymond)
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Magistrate Judge Paul E. Davison is so redesignated. (ad)
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NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge J. Paul Oetken is no longer assigned to the case. (ad)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Duncan McCarthy..(pne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Raymond James Markovich to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): MULTIPLE NATURE OF SUIT SELECTIONS MADE; REMOVE SELECTIONS OF 190, 370, AND 380 FROM CIVIL COVER SHEET PDF. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the corrected PDF. (pne)
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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..(pne)
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Magistrate Judge Katharine H. Parker 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. (pne)
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Case Designated ECF. (pne)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Raymond James Markovich. The following case opening statistical information was erroneously selected/entered: Dollar Demand $540,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none; no dollar demand entered on civil cover sheet. (pne)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Raymond Bouderau..(Markovich, Raymond)
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Filing 3
CIVIL COVER SHEET filed..(Markovich, Raymond)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to Duncan McCarthy, re: #1 Complaint. Document filed by Raymond Bouderau..(Markovich, Raymond)
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Filing 1
COMPLAINT against Duncan McCarthy. (Filing Fee $ 400.00, Receipt Number ANYSDC-20160598)Document filed by Raymond Bouderau..(Markovich, Raymond)
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