Hastings v. Nifty Gateway, LLC et al

Docket(#17) LETTER addressed to Judge Analisa Torres from Serina Vash on Behalf of All Parties dated February 8, 2023 re: Joint Letter Concerning Proposed Amended Briefing Schedule. Document filed by John Hastings. (Attachments: #1 Text of Proposed Order Plaintiff's Proposed Scheduling Order, #2 Text of Proposed Order Defendants' Proposed Scheduling Order).(Vash, Serina) (Entered: 02/08/2023)

Docket(#16) MEMO ENDORSEMENT on re: #15 Letter filed by John Hastings. ENDORSEMENT: By February 8, 2023, the parties shall file a proposed amended briefing schedule. SO ORDERED. (Signed by Judge Analisa Torres on 2/1/2023) (vfr) (Entered: 02/01/2023)

Docket(#15) LETTER addressed to Judge Analisa Torres from Serina M. Vash dated January 31, 2023 re: Response to Defendants' Pre-Motion Letter. Document filed by John Hastings..(Vash, Serina) (Entered: 01/31/2023)

Docket(#14) LETTER addressed to Judge Analisa Torres from Serina M. Vash dated January 31, 2023 re: Plaintiff's Certification. Document filed by John Hastings. (Attachments: #1 Affidavit Plaintiff's Certification).(Vash, Serina) (Entered: 01/31/2023)

DocketSet/Reset Deadlines: Motions due by 3/8/2023. Responses due by 3/29/2023 Replies due by 4/12/2023. (kv) (Entered: 01/25/2023)

Docket(#13) ORDER granting #12 Letter Motion for Leave to File Document. GRANTED. By March 8, 2023, Defendants shall file their motion. By March 29, 2023, Plaintiff shall file its opposition. By April 12, 2023, Defendant shall file their reply, if any. Defendants' deadline to respond to the complaint is ADJOURNED sine die. The deadline for the parties to file their joint letter and proposed case management plan is ADJOURNED sine die. SO ORDERED.. (Signed by Judge Analisa Torres on 1/25/2023) (kv) (Entered: 01/25/2023)

Docket(#12) LETTER MOTION for Leave to File Motion to Compel Arbitration and Stay Discovery addressed to Judge Analisa Torres from Sean Haran dated January 24, 2023. Document filed by Nifty Gateway, LLC, The Gemini Trust Company, LLC. (Attachments: #1 Exhibit A - Terms of Service - April 2021, #2 Exhibit B - Nifty Gateway - Sign Up Page - March 2021, #3 Exhibit C - Meyer - Dkt. 219-1 - Sign Up Page, #4 Exhibit D - Feld - Dkt. 23 - Sign Up Page).(Haran, Sean) (Entered: 01/24/2023)

Docket(#11) NOTICE OF APPEARANCE by Peter A. Devlin on behalf of Nifty Gateway, LLC, The Gemini Trust Company, LLC..(Devlin, Peter) (Entered: 12/30/2022)

Docket(#10) NOTICE OF APPEARANCE by Jacob Samuel Gardener on behalf of Nifty Gateway, LLC, The Gemini Trust Company, LLC..(Gardener, Jacob) (Entered: 12/30/2022)

Docket(#9) NOTICE OF APPEARANCE by Sean T. Haran on behalf of Nifty Gateway, LLC, The Gemini Trust Company, LLC..(Haran, Sean) (Entered: 12/30/2022)

Docket(#7) 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 12/14/2022) (kv) (Entered: 12/14/2022)

Docket(#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. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 12/14/2022) (kv) (Entered: 12/14/2022)

Docket(#5) 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 February 13, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 12/14/2022) (kv) (Entered: 12/14/2022)

Docket(#4) ELECTRONIC SUMMONS ISSUED as to Nifty Gateway, LLC, The Gemini Trust Company, LLC. (vf) (Entered: 12/14/2022)

DocketCase Designated ECF. (vf) (Entered: 12/14/2022)

DocketMagistrate Judge Sarah L. Cave 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. (vf) (Entered: 12/14/2022)

DocketCASE 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) (Entered: 12/14/2022)

Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to NIFTY GATEWAY, LLC and THE GEMINI TRUST COMPANY, LLC, re: #1 Complaint. Document filed by John Hastings..(Vash, Serina) (Entered: 12/13/2022)

Docket(#2) CIVIL COVER SHEET filed..(Vash, Serina) (Entered: 12/13/2022)

Docket(#1) COMPLAINT against Nifty Gateway, LLC, The Gemini Trust Company, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27079860)Document filed by John Hastings..(Vash, Serina) (Entered: 12/13/2022)