DORAN JONES, INC. v. Per Scholas, Inc. et al
| New York Southern District Court | |
| Judge: | Analisa Torres |
| Referred: | Barbara C Moses |
| Case #: | 1:16-cv-02843 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 18:1030 Fraud & Related Activity in Connection with Computers |
| Case Filed: | Apr 15, 2016 |
| Terminated: | May 04, 2017 |
| Last checked: Wednesday Oct 12, 2016 5:26 AM EDT |
|
Defendant
PLINIO AYALA
|
|
|
Defendant
KEITH KLAIN
|
|
|
Defendant
Per Scholas, Inc.
|
Represented By
|
|
Defendant
Plinio Ayala
|
Represented By
|
|
Defendant
Keith Klain
|
Represented By
|
|
Plaintiff
DORAN JONES, INC.
|
Represented By
|
|
Plaintiff
Doran Jones, Inc.
|
Represented By
|
| Docket last updated: 5 hours ago |
| Thursday, May 04, 2017 | ||
| 71 | 71
2
pgs
order
Stipulation and Order of Dismissal
Thu 05/04 3:50 PM
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: This matter having been amicably resolved and settled by the parties to this action, IT IS HEREBY STIPULATED AND AGREED by the parties that this matter shall be, and is hereby, dismissed with prejudice with respect to all parties, claims, and counterclaims, and without an award of costs or attorneys' fees against any party. (Signed by Judge Analisa Torres on 5/4/2017) (cf) |
|
| Tuesday, May 02, 2017 | ||
| 70 | 70
1
pgs
order
Order on Motion to Adjourn Conference
Tue 05/02 12:51 PM
ORDER granting68 Letter Motion to Adjourn Conference. APPLICATION GRANTED. (Signed by Magistrate Judge Barbara C. Moses on 5/2/2017) (cf) |
|
| 69 | 69
18
pgs
order
Report and Recommendations
Tue 05/02 12:27 PM
REPORT AND RECOMMENDATION TO THE HONORABLE ANALISA TORRES re:55 MOTION for Attorney Fees and Advancement of Legal Expenses . filed by Keith Klain. Defendant's advancement motion is, in fact, straightforward and compelling. After considering and rejecting each of plaintiff's arguments in opposition, I conclude that Doran Jones has, "[b]y its own scrivening hand... bound itself to advance funds to [Klain] so long as the [NJBCA] allows it to do so," Reddy, 2002 WL 1358761, at *3, and that nothing in the underlying statute prevents Doran Jones from honoring that commitment. I therefore recommend, respectfully, that the District Judge GRANT the motion and direct Doran Jones to: (a) reimburse Klain for his attorneys' fees and other expenses reasonably incurred to date in connection with this action; and (b) make arrangements to advance such fees and expenses in the future as they are incurred. Because Article VII of the Doran Jones Certificate and N.J.S.A. § 14A:305(6) contemplate advancement of fees and expenses incurred "in connection with" this proceeding - not merely those incurred "in defending" it, cf Del. Code Ann. tit. 8, § 145(e) - I further recommend that the advancement order include the cost of litigating the instant motion. Should the District Judge adopt my recommendation and grant the motion, I direct the parties to submit any future disputes regarding the form of the undertaking or the method of submitting and reimbursing fees in the form of a joint letter which briefly describes the disagreement (including the nature and extent of the parties' efforts to resolve it without judicial oversight), succinctly sets forth each party's position, and proposes at least two dates on which the parties are available for a conference to resolve the dispute. (As further set forth in this Order.) Objections to R&R due by 5/16/2017 (Signed by Magistrate Judge Barbara C. Moses on 5/2/2017) (cf) |
|
| 68 | 68
1
pgs
motion
Adjourn Conference
Tue 05/02 11:50 AM
LETTER MOTION to Adjourn Conference Case Settled addressed to Magistrate Judge Barbara C. Moses from Alexander Goldenberg dated May 2, 2017. Document filed by Keith Klain.(Goldenberg, Alexander) |
|