Barnes v. Block et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:22-cv-07236-VSB
District Judge Vernon S. Broderick, presiding
Tags
District Judge Vernon S. Broderick
Last Updated April 15, 2024 at 3:31 PM EDT (9.4 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Kevin Barnes, Plaintiff

Represented by Slarskey LLC

Name Phone Fax E-Mail
Space Evan Fried +1 201 757 2281 efried@slarskey.com
Space David Neal Slarskey +1 212 833 1155 +1 212 373 7955 dslarskey@slarskey.com
v.
No Logo Block, Carson, Defendant
Officially listed as "Carson Block"

Represented by ecbawm.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Andrew G. Celli +1 212 763 5000 +1 212 763 5001 acelli@ecbawm.com
Space Sana Mayat +1 212 763 5000 smayat@ecbawm.com

Represented by Emery Celli Brinckerhoff & Abady, LLP

Name Phone Fax E-Mail
Space Samuel Shapiro +1 212 763 5000 +1 212 763 5001 sshapiro@ecbawm.com
No Logo Muddy Waters, LLC, Defendant

Represented by Emery Celli Brinckerhoff & Abady, LLP

Name Phone Fax E-Mail
Space Andrew G. Celli +1 212 763 5000 +1 212 763 5001 acelli@ecbawm.com
Space Sana Mayat +1 212 763 5000 smayat@ecbawm.com
Space Samuel Shapiro +1 212 763 5000 +1 212 763 5001 sshapiro@ecbawm.com
Attributes
Office Foley Square
Filed 8/24/2022
Jury Demand None
Demand
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1332oc Diversity-Other Contract
Jurisdiction Diversity
Disposition
County XX Out of State
Terminated
Origin 2
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
Flag ECF
Timeline
  Entries (44) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 40 Filed: 4/15/2024, Entered: None Letter
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Legal Document (Payment Possibly Required) 39 Filed: 4/12/2024, Entered: None Letter
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Legal Document (Payment Possibly Required) 36 Filed: 8/2/2023, Entered: None Order on Motion for Oral Argument
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Legal Document (Payment Possibly Required) 35 Filed: 6/29/2023, Entered: None Letter
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Legal Document (Payment Possibly Required) 34 Filed: 6/29/2023, Entered: None Letter
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Legal Document 33 Filed: 3/31/2023, Entered: 3/31/2023 LetterCourt Filing
LETTER addressed to Judge Vernon S. Broderick from Andrew G. Celli, Jr. dated March 31, 2023 re: Response to Plaintiff's March 30, 2023 Letter Regarding the Third Circuit's Denial of Barnes' Petition for Review. Document filed by Carson Block, Muddy Waters, LLC..(Celli, Andrew)
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Legal Document (Payment Possibly Required) 32 Filed: 3/30/2023, Entered: 3/30/2023 LetterCourt Filing
FIRST LETTER addressed to Judge Vernon S. Broderick from Evan Fried dated March 30, 2023 re: Third Circuit Appeal. Document filed by Kevin Barnes. (Attachments: # (1) Exhibit Docket).(Fried, Evan)
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Legal Document 31 Filed: 3/24/2023, Entered: 3/24/2023 LetterCourt Filing
LETTER addressed to Judge Vernon S. Broderick from Andrew G. Celli, Jr. dated March 24, 2023 re: Response to Plaintiff's March 23, 2023 Letter Regarding the Report and Recommendation. Document filed by Carson Block, Muddy Waters, LLC..(Celli, Andrew)
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Legal Document (Payment Possibly Required) 30 Filed: 3/23/2023, Entered: 3/23/2023 LetterCourt Filing
FIRST LETTER addressed to Judge Vernon S. Broderick from Evan Fried dated March 23, 2023 re: Report and Recommendation. Document filed by Kevin Barnes. (Attachments: # (1) Exhibit Block v. Barnes, Report and Recommendation).(Fried, Evan)
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Legal Document 29 Filed: 12/7/2022, Entered: 12/7/2022 Motion for Oral ArgumentCourt Filing
FIRST LETTER MOTION for Oral Argument addressed to Judge Vernon S. Broderick from E. Fried dated 12/07/2022. Document filed by Kevin Barnes..(Fried, Evan)
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Legal Document (Payment Possibly Required) 28 Filed: 11/29/2022, Entered: 11/29/2022 Declaration in Support of Motion
DECLARATION of Carson Block in Support re: [14] MOTION to Dismiss .. Document filed by Carson Block, Muddy Waters, LLC. (Attachments: # (1) Exhibit A).(Celli, Andrew)
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Legal Document 27 Filed: 11/29/2022, Entered: 11/29/2022 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [14] MOTION to Dismiss . . Document filed by Carson Block, Muddy Waters, LLC..(Celli, Andrew)
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Legal Document 26 Filed: 11/23/2022, Entered: 11/23/2022 Notice of Appearance
NOTICE OF APPEARANCE by Sana Mayat on behalf of Carson Block, Muddy Waters, LLC..(Mayat, Sana)
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Legal Document (Payment Possibly Required) 25 Filed: 11/15/2022, Entered: 11/15/2022 Declaration in Opposition to Motion
DECLARATION of Evan Fried in Opposition re: [14] MOTION to Dismiss .. Document filed by Kevin Barnes. (Attachments: # (1) Exhibit Proposed First Amended Complaint).(Fried, Evan)
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Legal Document (Payment Possibly Required) 24 Filed: 11/15/2022, Entered: 11/15/2022 Declaration in Opposition to Motion
DECLARATION of Kevin Barnes in Opposition re: [14] MOTION to Dismiss .. Document filed by Kevin Barnes. (Attachments: # (1) Exhibit Contact Information, # (2) Exhibit MWR Website, # (3) Exhibit CNBC Article, # (4) Exhibit Verified Petition).(Fried, Evan)
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Legal Document (Payment Possibly Required) 23 Filed: 11/15/2022, Entered: 11/15/2022 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [14] MOTION to Dismiss . . Document filed by Kevin Barnes..(Fried, Evan)
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Legal Document 22 Filed: 11/15/2022, Entered: 11/15/2022 Order on Motion for Leave to File Excess PagesCourt Filing
ORDER denying [21] Letter Motion for Leave to File Excess Pages. APPLICATION DENIED. Defendant has filed a standard 25-page motion to dismiss. Given this, a grant of additional pages is not merited. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 11/15/2022) (ks)
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Legal Document 21 Filed: 11/14/2022, Entered: 11/14/2022, Terminated: 11/15/2022 Motion for Leave to File Excess PagesCourt Filing
FIRST LETTER MOTION for Leave to File Excess Pages re: Plaintiff's brief in opposition to Defendants' motion to dismiss addressed to Judge Vernon S. Broderick from Evan Fried dated 11/14/2022. Document filed by Kevin Barnes..(Fried, Evan)
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Legal Document 20 Filed: 10/26/2022, Entered: 10/26/2022 Order on Motion for Extension of Time to File Response / ReplyCourt Filing
ORDER granting [17] Letter Motion for Extension of Time to File Response/Reply re [17] FIRST LETTER MOTION for Extension of Time to File Response/Reply as to [15] Memorandum of Law in Support of Motion, [16] Declaration in Support of Motion, [14] MOTION to Dismiss . Letter Motion addressed to Judge Vernon S. Brod, [14] MOTION to Dismiss . APPLICATION GRANTED. SO ORDERED. Plaintiff's opposition to Defendant's Motion to Dismiss shall be filed by November 15, 2022. Defendant's reply shall be filed by November 29, 2022. Responses due by 11/15/2022 Replies due by 11/29/2022. (Signed by Judge Vernon S. Broderick on 10/26/2022) (tg)
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Legal Document 19 Filed: 10/26/2022, Entered: 10/26/2022 Reply to Response to motionCourt Filing
LETTER REPLY to Response to Motion addressed to Judge Vernon S. Broderick from Evan Fried dated October 26, 2022 re: [17] FIRST LETTER MOTION for Extension of Time to File Response/Reply as to [15] Memorandum of Law in Support of Motion, [16] Declaration in Support of Motion, [14] MOTION to Dismiss . Letter Motion addressed to Judge Vernon S. Brod . Document filed by Kevin Barnes..(Fried, Evan)
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Legal Document 18 Filed: 10/25/2022, Entered: 10/25/2022 response in opposition to motionCourt Filing
LETTER RESPONSE in Opposition to Motion addressed to Judge Vernon S. Broderick from Samuel Shapiro dated October 25, 2022 re: [17] FIRST LETTER MOTION for Extension of Time to File Response/Reply as to [15] Memorandum of Law in Support of Motion, [16] Declaration in Support of Motion, [14] MOTION to Dismiss . Letter Motion addressed to Judge Vernon S. Brod . Document filed by Carson Block, Muddy Waters, LLC..(Shapiro, Samuel)
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Legal Document 17 Filed: 10/25/2022, Entered: 10/25/2022, Terminated: 10/26/2022 Motion for Extension of Time to File Response/ReplyCourt Filing
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to [15] Memorandum of Law in Support of Motion, [16] Declaration in Support of Motion, [14] MOTION to Dismiss . Letter Motion addressed to Judge Vernon S. Broderick from Evan Fried dated October 25, 2022. Document filed by Kevin Barnes..(Fried, Evan)
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Legal Document (Payment Possibly Required) 16 Filed: 10/18/2022, Entered: 10/18/2022 Declaration in Support of Motion
DECLARATION of Samuel Shapiro in Support re: [14] MOTION to Dismiss .. Document filed by Carson Block. (Attachments: # (1) Exhibit A - FMCN: The Olympus of China, dated November 21, 2011, # (2) Exhibit B - Complaint dated August 25, 2022.).(Shapiro, Samuel)
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Legal Document 15 Filed: 10/18/2022, Entered: 10/18/2022 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [14] MOTION to Dismiss . . Document filed by Carson Block..(Shapiro, Samuel)
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Legal Document 14 Filed: 10/18/2022, Entered: 10/18/2022 Motion to Dismiss
MOTION to Dismiss . Document filed by Carson Block..(Shapiro, Samuel) Modified on 10/19/2022 (kj). Modified on 10/19/2022 (kj).
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Legal Document 13 Filed: 9/28/2022, Entered: 9/28/2022 Complaint
COMPLAINT against Carson Block, Muddy Waters, LLC. Document filed by Kevin Barnes..(Fried, Evan)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Deficient Pleading
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Evan Fried to RE-FILE Document No. [12] Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)
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Legal Document 12 Filed: 9/27/2022, Entered: 9/27/2022 Complaint
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. Document filed by Kevin Barnes..(Fried, Evan) Modified on 9/28/2022 (sj).
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Deficient Pleading
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Evan Fried to RE-FILE Document No. [11] Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
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Legal Document 11 Filed: 9/26/2022, Entered: 9/26/2022 Complaint
FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - COMPLAINT against Kevin Barnes. (Filing Fee $ 402.00, Receipt Number ANYSDC-26735336)Document filed by Kevin Barnes..(Fried, Evan) Modified on 9/27/2022 (pc).
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Legal Document 10 Filed: 9/8/2022, Entered: 9/8/2022 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [9] Proposed Stipulation and Order filed by Kevin Barnes. ENDORSEMENT: APPLICATION GRANTED. The parties are reminded that, pursuant to Rule 1.G. of my Individual Rules & Practices in Civil Cases, all requests for adjournments or extensions of time must be made in writing and filed on ECF as letter-motions. The letter-motion must state the following: (1) the original due date; (2) the number of previous requests for adjournments or extensions of time; (3) whether these previous requests were granted or denied; (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (5) the specific reasons for the adjournment or extension of time. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/8/2022) (kv)
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Legal Document (Payment Possibly Required) 9 Filed: 9/7/2022, Entered: 9/7/2022 Proposed Stipulation and Order
PROPOSED STIPULATION AND ORDER. Document filed by Kevin Barnes. (Attachments: # (1) Exhibit Stipulation).(Fried, Evan)
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Legal Document (Payment Possibly Required) 8 Filed: 8/30/2022, Entered: 8/30/2022 Notice of Appearance
NOTICE OF APPEARANCE by Evan Fried on behalf of Kevin Barnes..(Fried, Evan)
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Legal Document (Payment Possibly Required) 7 Filed: 8/30/2022, Entered: 8/30/2022 Notice of Appearance
NOTICE OF APPEARANCE by David Neal Slarskey on behalf of Kevin Barnes..(Slarskey, David)
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Legal Document (Payment Possibly Required) 6 Filed: 8/30/2022, Entered: 8/30/2022 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [5] Letter filed by Carson Block, Muddy Waters, LLC. ENDORSEMENT: APPLICATION GRANTED. Plaintiff is ordered to file a complaint in this action on or before September 13, 2022. Defendants' answer will be due thirty (30) days after Plaintiff files the complaint. Defendants are further ordered to serve a copy of this Order on Plaintiff to ensure Plaintiff's receipt. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/30/2022) (kv)
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Legal Document (Payment Possibly Required) 5 Filed: 8/26/2022, Entered: 8/26/2022 LetterCourt Filing
LETTER addressed to Judge Vernon S. Broderick from Andrew G. Celli, Jr. dated August 26, 2022 re: Deadline to answer or otherwise respond to complaint. Document filed by Carson Block, Muddy Waters, LLC..(Celli, Andrew)
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Legal Document (Payment Possibly Required) 4 Filed: 8/25/2022, Entered: 8/25/2022 Notice of Appearance
NOTICE OF APPEARANCE by Samuel Shapiro on behalf of Carson Block, Muddy Waters, LLC..(Shapiro, Samuel)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Case Opening Statistical Error Correction
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew G. Celli. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc)
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Blank  Filed: None, Entered: None Case Designated ECF.
Case Designated ECF. (pc)
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Blank  Filed: None, Entered: None Case Designation
Magistrate Judge Robert W. Lehrburger 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. (pc)
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Blank  Filed: None, Entered: None Case Opening Initial Assignment Notice
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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)
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Legal Document (Payment Possibly Required) 3 Filed: 8/24/2022, Entered: 8/24/2022 Notice of Appearance
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#4) NOTICE OF APPEARANCE by Andrew G. Celli on behalf of Carson Block, Muddy Waters, LLC..(Celli, Andrew) Modified on 8/25/2022 (lb).
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Legal Document (Payment Possibly Required) 2 Filed: 8/24/2022, Entered: 8/24/2022 Civil Cover Sheet
CIVIL COVER SHEET filed..(Celli, Andrew)
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Legal Document (Payment Possibly Required) 1 Filed: 8/24/2022, Entered: 8/24/2022 Notice of Removal
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652580/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26591452).Document filed by Muddy Waters, LLC, Carson Block. (Attachments: # (1) Exhibit A- Summons with Notice, # (2) Exhibit B- Affidavit of Service on Muddy Waters, LLC, # (3) Exhibit C- Affidavit of Service on Carson Block, # (4) Exhibit D- Plaintiff's Attorney Affirmation, # (5) Exhibit E- Copy of Docket in the State Court Action).(Celli, Andrew)
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