Case number 2:17-cv-04985
The Research Foundation for the State University of New York v. AMDT, Inc. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 1, 2019 | 35 | NOTICE by The Research Foundation for the State University of New York re 34 Notice(Other), Order Adopting Report and Recommendations,,, and Affirmation of Service (DeRosa, Adam) (Entered: 08/01/2019) (7) |
| Jul 23, 2019 | N/A | ORDER ADOPTING REPORT AND RECOMMENDATIONS. The court has reviewed the thorough and legally sound Report and Recommendation dated July 1, 2019 by Magistrate Judge Locke (Doc. 33 ), to which there were no objections. The court finds no clear error in the Report and Recommendation (see DiMartino v. Berryhill, 327 F. Supp. 3d 533, 535 (E.D.N.Y. 2018); Walker v. Vaughan, 216 F. Supp. 2d 290, 291 (S.D.N.Y. 2002)), and it is adopted in its entirety. Plaintiff's motion for attorney's fees and costs (Doc. 32 ) relating to the removal and remand pursuant to 28 U.S.C. 1447(c) is hereby denied. Plaintiff is directed to serve a copy of this order on the pro se defendants and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 7/23/2019. (Spriggs, Steven) (Entered: 07/23/2019) (0) |
| Jul 2, 2019 | 34 | NOTICE by The Research Foundation for the State University of New York re Notice of Entry of Report and Recommendation with Affirmation of Service (Bernstein, Peter) (Entered: 07/02/2019) (23) |
| Jul 1, 2019 | 33 | REPORT AND RECOMMENDATIONS re: DE 32 First MOTION for Sanctions under 28 USC 1447(c) filed by The Research Foundation for the State University of New York. For the reasons set forth in the attached Report and Recommendation, the Court respectfully recommends denying Plaintiff's motion for attorneys' fees and costs. A copy of this Report and Recommendation is being served on Plaintiff by electronic filing on the date below. Plaintiff is directed to serve a copy of this Report and Recommendation on Defendants by overnight mail and file proof of service by ECF within three (3) days of its issuance. Any objections to this Report and Recommendation must be filed with the Clerk of the Court within 14 days of receipt of this report. Failure to file objections within the specified time waives the right to appeal the District Court's order. Entered by Magistrate Judge Steven I. Locke on 7/1/2019. (Kantor, Jesse) (Entered: 07/01/2019) (19) |
| Apr 1, 2019 | N/A | ORDER REFERRING MOTION: 32 First MOTION for Sanctions under 28 USC 1447(c) filed by The Research Foundation for the State University of New York Ordered by Judge Kiyo A. Matsumoto on 4/1/2019. Motions referred to Steven I. Locke. (Williams-Jackson, Sandra) (Entered: 04/01/2019) (0) |
| Feb 7, 2019 | 32 | First MOTION for Sanctions under 28 USC 1447(c) by The Research Foundation for the State University of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Affidavit of Service, # 8 Affidavit in Opposition) (Bernstein, Peter) (Entered: 02/07/2019) (0) |
| Nov 13, 2018 | 31 | Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Settlement conference held: No appearance by Defendant Anastasia Rigas. Case not settled. Plaintiff will serve a renewed motion for attorneys fees on or before November 29, 2018. The motion will be served on Defendant Rigas personally. Any opposition will be served on or before on or before January 18, 2019. Reply papers will be served and all papers will be filed by Plaintiff in accordance with the Courts bundle rule on or before February 8, 2019. All papers between attorneys may be served by email. So ordered by Magistrate Judge Steven I. Locke on 11/13/2018. (Gandiosi, Kristin) (Entered: 11/13/2018) (1) |
| Nov 9, 2018 | N/A | Electronic ORDER denying DE 29 Motion to Vacate. Evan S. Fensterstock's motion to be excused from appearing at the 11/13/2018 settlement conference is denied. Ordered by Magistrate Judge Steven I. Locke on 11/9/2018. (Kantor, Jesse) (Entered: 11/09/2018) (0) |
| Nov 9, 2018 | 30 | NOTICE by The Research Foundation for the State University of New York re Order on Motion to Appear by Telephone,,, with Affirmation of Service (DeRosa, Adam) (Entered: 11/09/2018) (8) |
| Nov 8, 2018 | 29 | Letter MOTION to Vacate Order on Motion to Appear by Telephone,,, Scheduling Order,, Scheduling Order,, to excuse Evan S. Fensterstock from appearing and to remove him from future filings and communications by Evan Steele Fensterstock. (Fensterstock, Evan) (Entered: 11/08/2018) (2) |
| Nov 8, 2018 | N/A | Electronic ORDER granting in part and denying in part DE 28 Motion to Appear by Telephone. Glen Alan Kendall, Esq.'s ("Kendall") motion is granted in part and denied in part as follows: Kendall is permitted to appear by telephone for the settlement conference scheduled for 11/13/2018 at 11:30 a.m. in courtroom 820 of the Central Islip courthouse. Kendall is directed to provide the Court with a telephone number by which he can be reached in advance of the conference. All remaining parties and their respective counsel must appear in person. Specifically, in addition to a representative of Plaintiff and its counsel appearing, Defendant Anastasia Rigas ("Rigas") and Evan S. Fenerstock, Esq. ("Fenerstock") are directed to appear in person. Counsel for Plaintiff shall serve Rigas, Kendall, and Fenerstock with this Order via overnight mail and file proof of service via ECF. Ordered by Magistrate Judge Steven I. Locke on 11/8/2018. (Kantor, Jesse) (Entered: 11/08/2018) (0) |
| Nov 6, 2018 | 28 | Letter MOTION to Appear by Telephone from Glen A. Kendall, Esq. by Daniel O'Hara (O'Hara, Daniel) Modified docket entry from letter to motion as per chambers request on 11/8/2018 (Tirado, Chelsea). (Entered: 11/06/2018) (1) |
| Oct 31, 2018 | 27 | NOTICE by The Research Foundation for the State University of New York re Scheduling Order,, with Affirmation of Service (DeRosa, Adam) (Entered: 10/31/2018) (8) |
| Oct 26, 2018 | N/A | Electronic SCHEDULING ORDER. Due to a change in the Court's calendar, the settlement conference scheduled for 11/13/2018 at 2:00 p.m. is advanced to 11:30 a.m. in courtroom 820 of the Central Islip courthouse. All parties and their counsel must appear in person. Specifically, in addition to a representative of Plaintiff and its counsel appearing, Defendant Anastasia Rigas ("Rigas"), Glen Alan Kendall, Esq. ("Kendall"), and Evan S. Fenerstock, Esq. ("Fenerstock") are directed to appear. Counsel for Plaintiff shall serve Rigas, Kendall, and Fenerstock with this Order via overnight mail and file proof of service via ECF. Ordered by Magistrate Judge Steven I. Locke on 10/26/2018. (Kantor, Jesse) (Entered: 10/26/2018) (0) |
| Oct 24, 2018 | 26 | NOTICE by The Research Foundation for the State University of New York re Order on Motion for Hearing,,, Scheduling Order,,,,, Set Hearings,,,, Scheduling Order,, with Affirmation of Service (DeRosa, Adam) (Entered: 10/24/2018) (12) |
| Oct 23, 2018 | N/A | Electronic ORDER. All parties and their counsel must appear in person at the settlement conference scheduled for 11/13/2018 at 2:00 p.m. in courtroom 820 of the Central Islip courthouse. Specifically, in addition to a representative of Plaintiff and its counsel appearing, Defendant Anastasia Rigas ("Rigas"), Glen Alan Kendall, Esq. ("Kendall"), and Evan S. Fenerstock, Esq. ("Fenerstock") are directed to appear. Counsel for Plaintiff shall serve Rigas, Kendall, and Fenerstock with this Order as well as the Court's Orders dated 9/20/2018 and 10/05/2018 via overnight mail and to file proof of service via ECF. Ordered by Magistrate Judge Steven I. Locke on 10/23/2018. (Kantor, Jesse) (Entered: 10/23/2018) (0) |
| Oct 17, 2018 | 25 | Letter Concerning opposing counsel by The Research Foundation for the State University of New York (DeRosa, Adam) (Entered: 10/17/2018) (10) |
| Oct 9, 2018 | 24 | NOTICE by The Research Foundation for the State University of New York Notice of Entry of October 5, 2018 (DeRosa, Adam) (Entered: 10/09/2018) (6) |
| Oct 5, 2018 | N/A | Electronic SCHEDULING ORDER: Due to a change in the Court's calendar, the settlement conference scheduled for 10/10/2018 is adjourned to 11/13/2018 at 2:00 p.m. in Courtroom 820 of the Central Islip courthouse before Magistrate Judge Steven I. Locke. The parties are reminded that, at least 24 hours prior to the conference, each party shall provide the Court with an ex parte settlement position letter no longer than 3 pages in length addressing the facts as each party understands them, any case law the parties want to bring to the Court's attention, the history of settlement negotiations, and a realistic assessment of the party's settlement position. The settlement statements, which will be kept confidential and not docketed, should be e-mailed to my Courtroom Deputy at kristin_gandiosi@nyed.uscourts.gov. Any request to adjourn this conference must be filed as a letter motion and propose three alternative dates on which counsel and all parties are available. Ordered by Magistrate Judge Steven I. Locke on 10/5/2018. (Kantor, Jesse) (Entered: 10/05/2018) (0) |
| Sep 21, 2018 | 23 | NOTICE by The Research Foundation for the State University of New York Notice of Entry of September 20, 2018 (DeRosa, Adam) (Entered: 09/21/2018) (6) |
| Sep 20, 2018 | N/A | Electronic ORDER granting DE 22 Motion for Hearing. A settlement conference to potentially resolve the issue of outstanding attorneys' fees and costs is scheduled for 10/10/2018 at 2:00 p.m. in Courtroom 820 of the Central Islip Courthouse. At the settlement conference, all parties and their counsel must appear in person. At least 24 hours prior to the conference, each party shall provide the Court with an ex parte settlement position letter no longer than 3 pages in length addressing the facts as each party understands them, any case law the parties want to bring to the Courts attention, the history of settlement negotiations, and a realistic assessment of the party's settlement position. The settlement statements, which will be kept confidential and not docketed, should be e-mailed to my Courtroom Deputy at kristin_gandiosi@nyed.uscourts.gov. Ordered by Magistrate Judge Steven I. Locke on 9/20/2018. (Budhu, Ryan) (Entered: 09/20/2018) (0) |
| Aug 30, 2018 | 22 | Letter MOTION for Hearing re 21 Letter, 19 Order, Order on Motion for Attorney Fees,,,, by The Research Foundation for the State University of New York. (Bernstein, Peter) (Entered: 08/30/2018) (30) |
| May 15, 2018 | 21 | Letter Plaintiff's Response to May 1, 2018 Order by The Research Foundation for the State University of New York (Bernstein, Peter) (Entered: 05/15/2018) (8) |
| May 1, 2018 | N/A | Electronic ORDER denying DE 20 Motion for Attorney Fees. In light of the representations made in DE 20 , the request is denied. The parties are directed to meet and confer and jointly propose three alternatives dates for a settlement conference to potentially resolve the issue of outstanding attorneys' fees and cost within 14 days of this Order. At the settlement conference, all parties and their counsel must appear in person. At least 24 hours prior to the conference, each party shall provide the Court with an ex parte settlement position letter no longer than 3 pages in length addressing the facts as each party understands them, any case law the parties want to bring to the Courts attention, the history of settlement negotiations, and a realistic assessment of the party's settlement position. The settlement statements, which will be kept confidential and not docketed, should be e-mailed to my Courtroom Deputy at kristin_gandiosi@nyed.uscourts.gov. Ordered by Magistrate Judge Steven I. Locke on 5/1/2018. (Budhu, Ryan) (Entered: 05/01/2018) (0) |
| Nov 3, 2017 | 20 | Letter MOTION for Attorney Fees under 28 USC 1447(c) by The Research Foundation for the State University of New York. (Bernstein, Peter) (Entered: 11/03/2017) (1) |
| Nov 2, 2017 | 19 | ORDER granting re 18 Amended Stipulation and Order to Remand Case. SO Ordered by Judge Kiyo A. Matsumoto on 10/26/2017. (Tavarez, Jennifer) (Entered: 11/02/2017) (2) |
| Oct 27, 2017 | N/A | Electronic ORDER re: DE 16 . The parties are directed to electronically file a letter motion proposing three available dates for a settlement conference before Magistrate Judge Locke. At the settlement conference, all parties and their counsel must appear in person. At least 24 hours prior to the conference, each party shall provide the Court with an ex parte settlement position letter no longer than 3 pages in length addressing the facts as each party understands them, any case law the parties want to bring to the Courts attention, the history of settlement negotiations, and a realistic assessment of the party's settlement position. The settlement statements, which will be kept confidential and not docketed, should be e-mailed to my Courtroom Deputy at kristin_gandiosi@nyed.uscourts.gov. Ordered by Magistrate Judge Steven I. Locke on 10/27/2017. (Budhu, Ryan) (Entered: 10/27/2017) (0) |
| Oct 26, 2017 | N/A | ORDER regarding 16 plaintiff's 10/23/17 letter requesting a conference concerning the court's order entered 10/24/17 and dated 10/20/17 17 . Upon consideration of the plaintiff's letter dated 10/23/17 16 , and the authorities cited therein, the court VACATES the order entered 10/24/17 17 and advises the parties that they may seek and participate in good faith in a settlement conference before Magistrate Judge Locke to resolve plaintiff's request for costs and expenses pursuant to 28 U.S.C. Section 1447(c). The court further requests that the parties submit an AMENDED STIPULATION AND ORDER TO REMAND THE CASE TO NEW YORK STATE SUPREME COURT that contains the same language as that submitted under cover of letter dated October 20, 2017 (doc. 15 ). If the foregoing does not satisfy the request for a conference with the undersigned, the parties shall so advise the court. Ordered by Judge Kiyo A. Matsumoto on 10/26/2017. (Matsumoto, Kiyo) (Entered: 10/26/2017) (0) |
| Oct 26, 2017 | 18 | STIPULATION Amended Order to Remand by The Research Foundation for the State University of New York (Bernstein, Peter) (Entered: 10/26/2017) (2) |
| Oct 24, 2017 | 17 | ORDER of Remand to State Court: The above-captioned action shall be remanded to the Supreme Court of the State of New York, County of Suffolk, case number 601392/2015. The 10/4/2017 Order that parties seek a settlement conference with Magistrate Judge Locke is vacated. SO Ordered by Judge Kiyo A. Matsumoto on 10/20/2017. (Tavarez, Jennifer) (Entered: 10/24/2017) (2) |
| Oct 23, 2017 | 16 | Letter requesting a court conference by The Research Foundation for the State University of New York (Bernstein, Peter) (Entered: 10/23/2017) (2) |
| Oct 20, 2017 | N/A | ORDER re 14 . The court hereby vacates its order dated October 4, 2017, directing the parties to request and participate in a settlement conference before Magistrate Judge Locke. Ordered by Judge Kiyo A. Matsumoto on 10/20/2017. (Renzler, Katie) (Entered: 10/20/2017) (0) |
| Oct 20, 2017 | 15 | Letter Request to So Order Stipulation by AMDT, Inc., Nanomedicon, LLC, Anastasia Rigas (Kendall, Glen) (Entered: 10/20/2017) (3) |
| Oct 17, 2017 | 14 | STIPULATION re 1 Notice of Removal,, by AMDT, Inc., Nanomedicon, LLC, Anastasia Rigas (Kendall, Glen) (Entered: 10/17/2017) (2) |
| Oct 6, 2017 | 13 | Letter Requesting Settlement Conference before Magistrate Judge Locke by AMDT, Inc., Nanomedicon, LLC, Anastasia Rigas (Kendall, Glen) (Entered: 10/06/2017) (3) |
| Oct 4, 2017 | N/A | ORDER regarding 11 and 12 , parties' status letters. The parties are directed to request a settlement conference before Magistrate Judge Locke, and shall participate in the settlement conference in good faith. The parties are further ordered to file a joint status letter with the court within two (2) days of the conclusion of the settlement conference advising the court as to whether they seek to proceed with briefing the motion for fees and, if necessary, proposing a joint briefing schedule. Ordered by Judge Kiyo A. Matsumoto on 10/4/2017. (Grover, Vanish) (Entered: 10/04/2017) (0) |
| Oct 3, 2017 | 12 | Letter by AMDT, Inc., Nanomedicon, LLC, Anastasia Rigas (Kendall, Glen) (Entered: 10/03/2017) (2) |
| Oct 3, 2017 | 11 | Proposed MOTION to Remand to State Court by The Research Foundation for the State University of New York. (Bernstein, Peter) (Entered: 10/03/2017) (2) |
| Oct 2, 2017 | N/A | Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Telephone Conference held on 10/2/2017. Appearances: Peter Bernstein, Esq., for plaintiff; Glen Alan Kendall, Esq., for defendant. The parties discussed a potential stipulation to remand the case and a potential motion for fees. The parties shall file a joint status letter by October 3, 2017 advising the court as to how they intend to proceed. (Grover, Vanish) (Entered: 10/02/2017) (0) |
| Oct 2, 2017 | N/A | ORDER. Due to a conflict with the court's schedule, the telephonic premotion conference scheduled for October 2, 2017, at 2:00 p.m. shall be adjourned to 3:00 p.m. Counsel for the plaintiff shall coordinate a conference call between all parties and dial into the court (718-613-2180) when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 10/2/2017. (Grover, Vanish) (Entered: 10/02/2017) (0) |
| Sep 25, 2017 | N/A | ORDER granting 9 motion for premotion conference regarding motion to remand to state court. A telephonic premotion conference shall be held on October 2, 2017, at 2:00 p.m. Counsel for the plaintiff shall coordinate a conference call between all parties and dial into the court (718-613-2180) when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 9/25/2017. (Grover, Vanish) (Entered: 09/25/2017) (0) |
| Sep 19, 2017 | 10 | RESPONSE in Opposition re 9 First MOTION to Remand to State Court filed by All Defendants. (Kendall, Glen) (Entered: 09/19/2017) (3) |
| Sep 18, 2017 | 9 | First MOTION to Remand to State Court by The Research Foundation for the State University of New York. (Bernstein, Peter) (Entered: 09/18/2017) (3) |
| Sep 7, 2017 | N/A | CASE REASSIGNED INTO PATENT PILOT PROGRAM. Case reassigned to Judge Kiyo A. Matsumoto for all further proceedings. Judge Arthur D. Spatt no longer assigned to case. (McMahon, Carol) (Entered: 09/07/2017) (0) |
| Sep 5, 2017 | 8 | PATENT PILOT REASSIGNMENT ORDER. Pursuant to Administrative Order 2012-01 adopting ail amendments to 50.2(c)(2), I request that this patent infringement action be reassigned to a patent pilot program judge. The Clerk of Court is directed to reassign this case from the patent pilot wheel. So Ordered by Judge Arthur D. Spatt on 9/5/2017. (Coleman, Laurie) (Entered: 09/07/2017) (1) |
| Aug 25, 2017 | 7 | Notice of Report on the filing of an action regarding a Patent. (Attachments: # 1 Complaint) (Rodin, Deanna) (Entered: 08/25/2017) (0) |
| Aug 25, 2017 | N/A | This is a patent case and is eligible for the Patent Pilot Project. (Rodin, Deanna) (Entered: 08/25/2017) (0) |
| Aug 25, 2017 | 6 | In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) (Entered: 08/25/2017) (2) |
| Aug 25, 2017 | N/A | Case Assigned to Judge Arthur D. Spatt and Magistrate Judge Steven I. Locke. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) (Entered: 08/25/2017) (0) |
| Aug 25, 2017 | 5 | This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 8/25/2017: # 1 Additional Corrections) (Rodin, Deanna). (Entered: 08/25/2017) (0) |
| Aug 25, 2017 | 4 | Civil Cover Sheet.. by AMDT, Inc., Nanomedicon, LLC, Anastasia Rigas (Kendall, Glen) (Entered: 08/25/2017) (2) |
| Aug 25, 2017 | N/A | NOTICE - the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to forward a completed Civil Cover Sheet, answering all questions in NY-E Division of Business Rule 50.1(d)(2) section on the second page. This document can be found under the event Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) (Entered: 08/25/2017) (0) |
| Aug 24, 2017 | 3 | CERTIFICATE OF SERVICE by AMDT, Inc., Nanomedicon, LLC, Anastasia Rigas re 1 Notice of Removal, (Kendall, Glen) (Entered: 08/24/2017) (2) |
| Aug 23, 2017 | 2 | Civil Cover Sheet.. by AMDT, Inc., Nanomedicon, LLC, Anastasia Rigas (Kendall, Glen) (Entered: 08/23/2017) (2) |
| Aug 23, 2017 | 1 | Notice of Removal* (1) |
