TUNIS v. CLOFINE et al (1:23-cv-06632), New York Southern District Court

TUNIS v. CLOFINE et al

New York Southern District Court
Judge:	P Kevin Castel
Case #:	1:23-cv-06632
Nature of Suit	190 Contract - Other Contract
Cause	28:1332ds Diversity-Contract Dispute

Case Filed:	Jul 30, 2023
Terminated:	Feb 12, 2024

Docket
Parties (4)

Last checked: Friday Jan 26, 2024 4:34 AM EST

Defendant Michael L. Clofine	Represented By John Alvin Coleman, Jr. John A. Coleman, Jr., Esq., P.C. contact info
Defendant Steel Pier Capital Advisors, LLC	Represented By John Alvin Coleman, Jr. John A. Coleman, Jr., Esq., P.C. contact info
Plaintiff Jeffrey Tunis	Represented By Peter Y Lee Lee LLC contact info
TERMINATED PARTIES
Defendant Digital Ignition Entertainment, LLC Terminated: 10/26/2023	Represented By John Alvin Coleman, Jr. John A. Coleman, Jr., Esq., P.C. contact info

Docket last updated: 09/25/2024 11:59 PM EDT

Sunday, February 18, 2024
27		27 misc Stipulation of Voluntary Dismissal Sun 02/18 1:40 PM STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Steel Pier Capital Advisors, LLC, Digital Ignition Entertainment, LLC, Michael L. Clofine and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Steel Pier Capital Advisors, LLC, Digital Ignition Entertainment, LLC, Michael L. Clofine. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Coleman, John) Related: [-]
Monday, February 12, 2024
26		26 1 pgs order Order of Dismissal Mon 02/12 6:57 PM ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be "so ordered" by the Court. Unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/12/2024) (ama) Related: [-]
Thursday, November 16, 2023
		adr Notice of Mediator Assignment Thu 11/16 11:18 AM NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator.(sge) Related: [-]
		adr Mediation Conference Scheduled Thu 11/16 11:19 AM FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 12/5/2023 at 10:00 AM in telephone or video conference.(sge) Related: [-]
Wednesday, November 15, 2023
24		24 order Mediation Referral Order Wed 11/15 12:22 PM MEDIATION REFERRAL ORDER: It is ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. This expedited mediation is set for December 5, 2023 at 10:00 a.m., location or format to be determined. The assigned Mediator is authorized to advance or extend the mediation date by up to 7 days without leave of Court. After the initial mediation session, the Mediator is empowered to conduct such subsequent mediation sessions as the Mediator in his or her discretion chooses to conduct. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 11/29/2023. (Signed by Judge P. Kevin Castel on 11/15/2023) (ama) Related: [-]
23		23 order Case Management Plan Wed 11/15 12:20 PM CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3), Fed. R. Civ. P. All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. � 636(c). This case is not to be tried to a jury. Deposition due by 3/25/2024. All Fact Discovery due by 2/8/2024. All Expert Discovery due by 3/25/2024. Depositions to be completed by: 2/08/2024. Counsel for the parties have conferred and their present best estimate of the length of trial is: 2 days. Mediation set for December 5, 2023 at 10:00 a.m. The next Telephonic Case Management Conference set for 2/23/2024 at 11:00 AM before Judge P. Kevin Castel. Call-in information is: Dial-In No.: 1-888-363-4749, Access Code: 3667981. (Signed by Judge P. Kevin Castel on 11/15/2023) (ama) Related: [-]
		minutes Pretrial Conference - Initial Wed 11/15 11:03 AM Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 11/15/2023. Case referred to mediation. Mediation session scheduled for December 5, 2023 at 10:00 a.m. The next case management conference is scheduled for February 23, 2024 at 11:00 a.m. Call-in information is: Dial-In No.: 1-888-363-4749, Access Code: 3667981. (Nacanther, Florence) Related: [-]
Thursday, October 26, 2023
22		22 order Memo Endorsement ~Util - Set Deadlines/Hearings Thu 10/26 3:58 PM MEMO ENDORSEMENT on re:21 Letter filed by Jeffrey Tunis, ENDORSEMENT: Initial conference scheduled on November 2, 2023 is adjourned to November 15, 2023 at 10:30 a.m. The conference will proceed telephonically. Dial-In No.: 1-888-363-4749, Access Code: 3667981. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/26/2023) ( Initial Conference set for 11/15/2023 at 10:30 AM before Judge P. Kevin Castel.) (ks) Modified on 10/26/2023 (ks) Related: [-]
21		21 misc Letter Thu 10/26 12:53 PM JOINT LETTER addressed to Judge P. Kevin Castel from Peter Lee dated 10/26/23 re: requesting one-week adjournment of 11/2/23 conference per ECF 20. Document filed by Jeffrey Tunis..(Lee, Peter) Related: [-]
20		20 order Memo Endorsement ~Util - Set Hearings ~Util - Case Stay Lifted Thu 10/26 11:45 AM MEMO ENDORSEMENT on re:16 Letter filed by Jeffrey Tunis, ENDORSEMENT: Stay is lifted. Initial conference is scheduled for November 2, 2023 at 11:30 a.m. Call-in information is: Dial-In No.: 1-888-363-4749, Access Code: 3667981. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/26/2023) ( Initial Conference set for 11/2/2023 at 11:30 AM before Judge P. Kevin Castel.), Case Stay Lifted. (ks) Modified on 10/26/2023 (ks) Related: [-]
19		19 order Stipulation and Order of Voluntary Dismissal ~Util - Add and Terminate Parties Thu 10/26 11:40 AM STIPULATION OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against Defendant, DIGITAL IGNITION ENTERTAINMENT, LLC pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). SO ORDERED. (Signed by Judge P. Kevin Castel on 10/26/2024) Digital Ignition Entertainment, LLC terminated. (ks) Related: [-]
Wednesday, October 25, 2023
		misc Notice to Court Regarding Voluntary Dismissal Wed 10/25 9:32 AM ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 18 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge P. Kevin Castel for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) Related: [-]
Tuesday, October 24, 2023
18		18 misc Stipulation of Voluntary Dismissal Tue 10/24 4:30 PM STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Digital Ignition Entertainment, LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Jeffrey Tunis. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Lee, Peter) Related: [-]
Friday, October 20, 2023
		misc Notice to Attorney Regarding Deficient Voluntary Dismissal Fri 10/20 10:53 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Peter Y Lee. RE-FILE Document No. 17 Stipulation of Voluntary Dismissal,,. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed (ink signatures) by all parties who have appeared;. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (nd) Related: [-]
Thursday, October 19, 2023
17		17 misc Stipulation of Voluntary Dismissal Thu 10/19 3:40 PM STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Digital Ignition Entertainment, LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Jeffrey Tunis. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Lee, Peter) Related: [-]
16		16 misc Letter Thu 10/19 11:19 AM LETTER addressed to Judge P. Kevin Castel from Peter Lee dated Oct. 19, 2023 re: Response to ECF 15 order. Document filed by Jeffrey Tunis..(Lee, Peter) Related: [-]
Tuesday, October 10, 2023
15		15 order Order Staying Case Tue 10/10 2:47 PM ORDER: Because there does not appear to be diversity of citizenship, let the plaintiff show cause in writing filed by October 20, 2023 why the action ought not be dismissed without prejudice for lack of subject matter jurisdiction. The October 11, 2023 conference is VACATED and the action is otherwise stayed. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/10/2023) (ama) Related: [-]
		utility Case Stayed Tue 10/10 2:48 PM Case Stayed (ama) Related: [-]
Thursday, October 05, 2023
14		14 misc Proposed Case Management Plan Thu 10/05 5:09 PM PROPOSED CASE MANAGEMENT PLAN. Document filed by Michael L. Clofine, Digital Ignition Entertainment, LLC, Steel Pier Capital Advisors, LLC..(Coleman, John) Related: [-]
13		13 misc Letter Thu 10/05 5:07 PM JOINT LETTER addressed to Judge P. Kevin Castel from John Coleman dated October 5, 2023 re: Joint Letter for Initial Pretrial Conference. Document filed by Michael L. Clofine, Digital Ignition Entertainment, LLC, Steel Pier Capital Advisors, LLC..(Coleman, John) Related: [-]
Thursday, September 28, 2023
12		12 answer Answer to Complaint Thu 09/28 4:14 PM ANSWER to1 Complaint. Document filed by Michael L. Clofine, Digital Ignition Entertainment, LLC, Steel Pier Capital Advisors, LLC..(Coleman, John) Related: [-]
11		11 misc Rule 7.1 Corporate Disclosure Statement Thu 09/28 4:10 PM FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Steel Pier Capital Advisors, LLC..(Coleman, John) Related: [-]
10		10 misc Rule 7.1 Corporate Disclosure Statement Thu 09/28 4:06 PM FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Digital Ignition Entertainment, LLC..(Coleman, John) Related: [-]
Monday, August 21, 2023
9		9 service Waiver of Service Executed Mon 08/21 7:06 PM WAIVER OF SERVICE RETURNED EXECUTED. Michael L. Clofine waiver sent on 7/30/2023, answer due 9/28/2023. Document filed by Jeffrey Tunis..(Lee, Peter) Related: [-]
8		8 service Waiver of Service Executed Mon 08/21 7:05 PM WAIVER OF SERVICE RETURNED EXECUTED. Digital Ignition Entertainment, LLC waiver sent on 7/30/2023, answer due 9/28/2023. Document filed by Jeffrey Tunis..(Lee, Peter) Related: [-]
Sunday, August 20, 2023
7		7 service Summons Returned Executed Sun 08/20 10:49 PM SUMMONS RETURNED EXECUTED Summons and Complaint served. Steel Pier Capital Advisors, LLC served on 8/14/2023, answer due 9/5/2023. Service was accepted by Sue Zouky NY Secty of State. Document filed by Jeffrey Tunis..(Lee, Peter) Related: [-]
Thursday, August 10, 2023
6		6 2 pgs order Order for Initial Pretrial Conference Thu 08/10 12:43 PM ORDER AND INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. As further set forth by this Order. The call-in information for all teleconferences is: Dial-in: (888) 363-4749. Access Code: 3667981. SO ORDERED. Initial Conference set for 10/11/2023 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 8/10/2023) (tg) Related: [-]
Friday, August 04, 2023
5		5 service Summons Issued Fri 08/04 3:25 PM ELECTRONIC SUMMONS ISSUED as to Michael L. Clofine, Digital Ignition Entertainment, LLC, Steel Pier Capital Advisors, LLC..(pc) Related: [-]
Thursday, August 03, 2023
4		4 service Request for Issuance of Summons Thu 08/03 10:56 AM REQUEST FOR ISSUANCE OF SUMMONS as to MICHAEL L. CLOFINE, DIGITAL IGNITION ENTERTAINMENT, LLC, STEEL PIER CAPITAL ADVISORS, LLC, re:1 Complaint. Document filed by Jeffrey Tunis..(Lee, Peter) Related: [-]
Monday, July 31, 2023
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Mon 07/31 9:50 AM ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Peter Y Lee. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) Related: [-]
		misc Notice to Attorney Regarding Party Modification Mon 07/31 9:53 AM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Peter Y Lee. The party information for the following party/parties has been modified: JEFFREY TUNIS; MICHAEL L CLOFINE; DIGITAL IGNITION ENTERTAINMENT, LLC; STEEL PIER CAPITAL ADVISORS, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) Related: [-]
		notice Case Opening Initial Assignment Notice Mon 07/31 9:58 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) Related: [-]
		utility Case Designation Mon 07/31 9:59 AM Magistrate Judge Ona T. Wang 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) Related: [-]
		utility Case Designated ECF Mon 07/31 9:59 AM Case Designated ECF. (jgo) Related: [-]
Sunday, July 30, 2023
3		3 misc Civil Cover Sheet Sun 07/30 11:13 PM CIVIL COVER SHEET filed..(Lee, Peter) Related: [-]
2		2 misc Rule 7.1 Corporate Disclosure Statement Sun 07/30 11:12 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by JEFFREY TUNIS..(Lee, Peter) Related: [-]
1		1 cmp Complaint Sun 07/30 11:11 PM COMPLAINT against MICHAEL L CLOFINE, DIGITAL IGNITION ENTERTAINMENT, LLC, STEEL PIER CAPITAL ADVISORS, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28073666)Document filed by JEFFREY TUNIS..(Lee, Peter) Related: [-]

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