New York Eastern District Court
Judge:Margo K Brodie
Referred: Robert M Levy
Case #: 1:21-cv-05268
Nature of Suit375 Other Statutes - False Claims Act
Cause31:3729 False Claims Act
Case Filed:Sep 22, 2021
Terminated:Mar 10, 2023
Last checked: Monday Mar 21, 2022 5:05 AM EDT
Defendant
Cayuga Capital Management, LLC
Represented By
Rachel K. Marcoccia
Kishner Miller Himes P.C.
contact info
Ryan O. Miller
Kishner & Miller
contact info
Defendant
Jacob Sacks
Represented By
Rachel K. Marcoccia
Kishner Miller Himes P.C.
contact info
Ryan O. Miller
Kishner & Miller
contact info
Defendant
Sea Wolf Services, LLC
Represented By
Rachel K. Marcoccia
Kishner Miller Himes P.C.
contact info
Ryan O. Miller
Kishner & Miller
contact info
Defendant
James Wiseman
Represented By
Rachel K. Marcoccia
Kishner Miller Himes P.C.
contact info
Ryan O. Miller
Kishner & Miller
contact info
Plaintiff
Eric Bieber
Represented By
Amy Biegelsen
Outten & Golden LLP
contact info
Aliaksandra Ramanenka
Outten & Golden LLP
contact info
Tammy Theresa Marzigliano
Outten & Golden
contact info


Docket last updated: 05/23/2025 11:59 PM EDT
Friday, March 10, 2023
order ~Util - Terminate Civil Case Fri 03/10 3:46 PM
Civil Case Terminated. (WV)
Related: [-]
Thursday, March 09, 2023
28 28 misc Stipulation of Dismissal Thu 03/09 3:47 PM
STIPULATION of Dismissal by Eric Bieber (Ramanenka, Aliaksandra)
Related: [-]
Tuesday, February 21, 2023
27 27 motion Extension of Time to File Answer Tue 02/21 2:50 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint, and for Adjournment of Initial Conference by Sea Wolf Services, LLC. (Miller, Ryan)
Related: [-]
order Order on Motion for Extension of Time to Answer Tue 02/21 3:59 PM
ORDER granting27 Motion for Extension of Time to Answer. The initial conference scheduled for 3/6/23 is adjourned sine die . Ordered by Magistrate Judge Robert M. Levy on 2/21/2023. (JM)
Related: [-]
Wednesday, February 01, 2023
26 26 motion Extension of Time to File Answer Wed 02/01 12:34 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint, and for Adjournment of Initial Conference by Sea Wolf Services, LLC. (Miller, Ryan)
Related: [-]
order Order on Motion for Extension of Time to Answer Wed 02/01 2:47 PM
ORDER granting26 Motion for an Extension of Time to Answer & Adjournment of Initial Conference. The initial telephone conference scheduled for 2/16/23 is adjourned to 3/06/23 at 11:30 a.m. Parties are directed to call 888-684-8852 and use access code # 6223489. Defendant Sea Wolf Services, LLC deadline to answer is extended from 2/07/23 to 2/21/23 Ordered by Magistrate Judge Robert M. Levy on 2/1/2023. (JM)
Related: [-]
Friday, January 13, 2023
order Order on Motion for Extension of Time to Answer Fri 01/13 12:56 PM
ORDER granting25 Motion for Extension of Time to Answer - Defendant Sea Wolf Services, LLC answer due 2/7/2023. Ordered by Magistrate Judge Robert M. Levy on 1/13/2023. (JM)
Related: [-]
Thursday, January 12, 2023
25 25 motion Extension of Time to File Answer Thu 01/12 10:28 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint, by Sea Wolf Services, LLC. (Marcoccia, Rachel)
Related: [-]
Wednesday, January 11, 2023
order Scheduling Order Wed 01/11 3:23 PM
SCHEDULING ORDER: The initial telephone conference set for 1/25/23 is adjourned to 2/16/2023 at 11:00 AM before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 1/11/2023. (JM)
Related: [-]
Thursday, December 15, 2022
order Order on Motion for Extension of Time to Answer Thu 12/15 11:45 AM
ORDER granting24 Motion for Extension of Time to Answer. Sea Wolf Services, LLC answer due 1/17/2023. Ordered by Magistrate Judge Robert M. Levy on 12/15/2022. (JM)
Related: [-]
Wednesday, December 14, 2022
24 24 motion Extension of Time to File Answer Wed 12/14 1:56 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint, by Sea Wolf Services, LLC. (Marcoccia, Rachel)
Related: [-]
Friday, December 02, 2022
23 23 order Scheduling Order Fri 12/02 12:29 PM
SCHEDULING ORDER: An initial conference by telephone has been scheduled for January 25, 2023 at 11:00 a.m., before the Honorable Robert M. Levy, United States Magistrate Judge at (888) 684-8852; Access Code #: 6223489. Ordered by Magistrate Judge Robert M. Levy on 12/2/2022. (JM)
Related: [-]
Att: 1 IC QUESTIONNAIRE,
Att: 2 INDIVIDUAL RULES
22 22 24 pgs order Order on Motion to Dismiss for Failure to State a Claim Fri 12/02 12:07 PM
MEMORANDUM AND ORDER, granting in part and denying in part15 Motion to Dismiss for Failure to State a Claim. For the foregoing reasons, the Court grants Defendants' motion to dismiss as to the Individual Defendants and CCM. The Court denies the motion to dismiss as to Plaintiffs claims against SWS. (Ordered by Chief Judge Margo K. Brodie on 11/30/2022) c/m (SG)
Related: [-]
Monday, May 16, 2022
21 21 notice Notice of Appearance Mon 05/16 3:16 PM
NOTICE of Appearance by Kendall Noel Onyendu on behalf of Eric Bieber (aty to be noticed) (Onyendu, Kendall)
Related: [-]
Wednesday, April 27, 2022
20 20 notice Notice(Other) Wed 04/27 5:24 PM
NOTICE by Eric Bieber of Withdrawal of Appearance of Amy Biegelsen (Ramanenka, Aliaksandra)
Related: [-]
Friday, February 25, 2022
19 19 misc Letter Fri 02/25 5:53 PM
Letter regarding the Defendants' Motion to Dismiss Plaintiff's Complaint (filed pursuant to the Court's direction) by Cayuga Capital Management, LLC, Jacob Sacks, Sea Wolf Services, LLC, James Wiseman (Marcoccia, Rachel)
Related: [-]
18 18 respoth Reply in Support Fri 02/25 5:50 PM
REPLY in Support re15 MOTION to Dismiss for Failure to State a Claim filed by Cayuga Capital Management, LLC, Jacob Sacks, Sea Wolf Services, LLC, James Wiseman. (Marcoccia, Rachel)
Related: [-]
17 17 29 pgs respoth Memorandum in Opposition Fri 02/25 5:48 PM
MEMORANDUM in Opposition re15 MOTION to Dismiss for Failure to State a Claim (Filing all parties' briefs pursuant to the Court's direction) filed by Cayuga Capital Management, LLC, Jacob Sacks, Sea Wolf Services, LLC, James Wiseman. (Marcoccia, Rachel)
Related: [-]
16 16 29 pgs respoth Memorandum in Support Fri 02/25 5:44 PM
MEMORANDUM in Support re15 MOTION to Dismiss for Failure to State a Claim filed by Cayuga Capital Management, LLC, Jacob Sacks, Sea Wolf Services, LLC, James Wiseman. (Marcoccia, Rachel)
Related: [-]
15 15 motion Dismiss for Failure to State a Claim Fri 02/25 5:42 PM
MOTION to Dismiss for Failure to State a Claim by Cayuga Capital Management, LLC, Jacob Sacks, Sea Wolf Services, LLC, James Wiseman. (Marcoccia, Rachel)
Related: [-]
Tuesday, January 25, 2022
order Order on Motion to Adjourn Conference Tue 01/25 9:42 AM
ORDER granting9 Motion to Adjourn Conference. Ordered by Magistrate Judge Robert M. Levy on 1/25/2022. (Levy, Robert)
Related: [-]
Friday, January 14, 2022
14 14 misc Letter Fri 01/14 6:30 PM
Letter regarding the Defendants' Motion to Dismiss Plaintiff's Complaint (filed pursuant to the Court's direction with the motion papers served via Federal Express) by Cayuga Capital Management, LLC, Jacob Sacks, Sea Wolf Services, LLC, James Wiseman (Marcoccia, Rachel)
Related: [-]
13 13 notice Notice of Appearance Fri 01/14 1:57 PM
NOTICE of Appearance by Rachel K. Marcoccia on behalf of Cayuga Capital Management, LLC, Jacob Sacks, Sea Wolf Services, LLC, James Wiseman (notification declined or already on case) (Marcoccia, Rachel)
Related: [-]
utility Email Test Fri 01/14 2:07 PM
Email Notification Test - DO NOT REPLY. (Valle, Christine)
Related: [-]
Wednesday, December 08, 2021
12 12 misc Proposed Scheduling Order Wed 12/08 4:47 PM
Proposed Scheduling Order for Defendants Motion to Dismiss by Cayuga Capital Management, LLC, Jacob Sacks, Sea Wolf Services, LLC, James Wiseman (Miller, Ryan)
Related: [-]
order Order(Other) Wed 12/08 6:02 PM
ORDER granting12 Proposed Briefing Schedule. The Court adopts the parties' proposed briefing schedule for defendants' motion to dismiss. Defendants shall serve their motion on or before January 14, 2022; plaintiff shall serve his opposition on or before February 11, 2022; defendants shall serve and file the fully briefed motion or before February 25, 2022. Ordered by Chief Judge Margo K. Brodie on 12/8/2021. (Shane, Elisabeth)
Related: [-]
Friday, December 03, 2021
order Order(Other) Fri 12/03 11:33 AM
ORDER denying8 request for pre-motion conference. The parties are directed to confer and file a proposed briefing schedule for defendants' motion to dismiss on or before December 13, 2021. Ordered by Chief Judge Margo K. Brodie on 12/3/2021. (Shane, Elisabeth)
Related: [-]
Thursday, December 02, 2021
11 11 misc Letter Thu 12/02 2:45 PM
Letter in Response to Defendant's Request for Pre-Motion Conference by Eric Bieber (Marzigliano, Tammy)
Related: [-]
Wednesday, December 01, 2021
10 10 notice Notice of Appearance Wed 12/01 11:13 AM
NOTICE of Appearance by Ryan O. Miller on behalf of All Defendants (aty to be noticed) (Miller, Ryan)
Related: [-]
Tuesday, November 30, 2021
9 9 motion Adjourn Conference Tue 11/30 4:45 PM
Letter MOTION to Adjourn Conference to Extend Time for Parties to Hold Rule 26(f) Conference by Eric Bieber. (Biegelsen, Amy)
Related: [-]
Att: 1 Exhibit A - Proposed Order
Tuesday, November 23, 2021
order Order(Other) Tue 11/23 11:06 AM
ORDER re8 Defendants' pre-motion conference letter. The Court orders Plaintiff to respond to Defendants' letter on or before December 2, 2021, and directs defense counsel to file a notice of appearance by December 2, 2021. Ordered by Chief Judge Margo K. Brodie on 11/23/2021. (Shane, Elisabeth)
Related: [-]
Monday, November 22, 2021
8 8 misc Letter Mon 11/22 3:29 PM
Letter to Honorable Margo K. Brodie pursuant to Rule 3.A. of the Courts Individual Practices to request a pre-motion conference by Cayuga Capital Management, LLC, Jacob Sacks, Sea Wolf Services, LLC, James Wiseman (Miller, Ryan)
Related: [-]
Wednesday, September 29, 2021
7 7 notice Notice of Appearance Wed 09/29 12:10 PM
NOTICE of Appearance by Aliaksandra Ramanenka on behalf of Eric Bieber (aty to be noticed) (Ramanenka, Aliaksandra)
Related: [-]
6 6 notice Notice of Appearance Wed 09/29 12:07 PM
NOTICE of Appearance by Amy Biegelsen on behalf of Eric Bieber (aty to be noticed) (Biegelsen, Amy)
Related: [-]
Tuesday, September 28, 2021
5 5 service Waiver of Service Executed Tue 09/28 10:42 AM
WAIVER OF SERVICE Returned Executed by Eric Bieber. Cayuga Capital Management, LLC waiver sent on 9/22/2021, answer due 11/22/2021; Jacob Sacks waiver sent on 9/22/2021, answer due 11/22/2021; Sea Wolf Services, LLC waiver sent on 9/22/2021, answer due 11/22/2021; James Wiseman waiver sent on 9/22/2021, answer due 11/22/2021. (Marzigliano, Tammy)
Related: [-]
Wednesday, September 22, 2021
4 4 service Summons Issued Wed 09/22 12:58 PM
Summons Issued as to Cayuga Capital Management, LLC, Jacob Sacks, Sea Wolf Services, LLC, James Wiseman. (Davis, Kimberly)
Related: [-]
3 3 misc Quality Control Check - Attorney Case Opening Wed 09/22 12:45 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
Related: [-]
2 2 misc Clerks Notice of Rule 73 Wed 09/22 12:42 PM
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:[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. (Davis, Kimberly)
Related: [-]
1 1 15 pgs cmp Complaint Wed 09/22 12:29 PM
COMPLAINT against Cayuga Capital Management, LLC, Jacob Sacks, Sea Wolf Services, LLC, James Wiseman filing fee $ 402, receipt number ANYEDC-14861359 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Eric Bieber. (Marzigliano, Tammy)
Related: [-]
Att: 1 Civil Cover Sheet,
Att: 2 Proposed Summons
utility Case Assigned/Reassigned Wed 09/22 12:41 PM
Case Assigned to Chief Judge Margo K. Brodie and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)
Related: [-]