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18-015 - Prospect Funding Holdings (NY), LLC v. Ronald J. Palagi, P.C., L.L.C. et al


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18-015 - Prospect Funding Holdings (NY), LLC v. Ronald J. Palagi, P.C., L.L.C. et al
March 2, 2018
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ORDER - The plaintiff's motion for leave to file a reply brief (filing 12) is granted. The defendants may respond to the plaintiff's application to confirm arbitration awards (filing 1) on or before March 23, 2018, pursuant to NECivR 7.1(b). The plaintiff may reply in support of its application on or before March 30, 2018, pursuant to NECivR 7.1(c). The Clerk of the Court shall set a case management deadline for March 30, 2018, with the following docket text: Check on submission of plaintiff's application to confirm arbitration awards. Any request from the defendants to vacate the arbitration award shall be presented by separate motion, filed pursuant to NECivR 7.1(a), on or before March 23, 2018. The plaintiff may respond to such a motion, should one be filed, on or before April 13, 2018, and the defendants may reply in support of their anticipated motion on or before April 20, 2018. Ordered by Judge John M. Gerrard. (KLF)
June 8, 2018
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MEMORANDUM AND ORDER - The defendants' surreply brief (filing 30) is stricken. The defendants' motion to delay ruling pending discovery (filing 21) is granted. The defendants' motion to dismiss (filing 29) is denied. On or before June 22, 2019, the parties shall confer and contact the Magistrate Judge's chambers to set a case planning conference for purposes of establishing a progression schedule, to include deadlines for the parties to complete discovery and reassert their claims through cross-motions for summary judgment meeting the requirements of Fed. R. Civ. P. 56 and NECivR 56.1. Discovery shall be limited to: a. whether the defendants were given proper notice of the arbitration proceedings, b. whether the defendants were given proper notice of the arbitration awards, c. whether the Sale and Repurchase Agreement can be enforced against Ronald J. Palagi, P.C., L.L.C., and d. whether Prospect Funding is "transacting business in this state" within the meaning of the Nebraska Uniform Limited Liability Company Act; unless additional discovery is, for good cause shown, authorized by the undersigned or the Magistrate Judge. Ordered by Judge John M. Gerrard. (LKO)