Kalendar Inc. v. Loul et al

New York Southern District Court
Judge:Arun Subramanian
Case #: 1:24-cv-02992
Nature of Suit150 Contract - Recovery of Overpayment & Enforcement of Judgment
Cause28:1332ds Diversity-Contract Dispute
Case Filed:Apr 19, 2024
Terminated:Feb 06, 2025
Last checked: Wednesday Oct 16, 2024 4:35 AM EDT
Defendant
B2B Rocket, LLC
Defendant
Leadingly AI LLC
Defendant
Noah Loul
Defendant
NFT Brands Inc.
Plaintiff
Kalendar Inc.
Represented By
Baruch S. Gottesman
Gottesman Legal PLLC
contact info


Docket last updated: 4 hours ago
Thursday, February 06, 2025
18 18 2 pgs order Order of Dismissal Thu 02/06 3:35 PM
ORDER OF DISMISSAL: The Court having been advised at ECF No. 60 that all claims asserted herein have been settled, it is ORDERED that the above-entitled actions be and are hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the actions 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 by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. 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 by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 9.B of the Court's Individual Practices for Civil Cases, 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 canceled. The Clerk of Court is directed to close the cases. SO ORDERED. (Signed by Judge Arun Subramanian on 2/6/2025) Filed In Associated Cases: 1:24-cv-01063-AS, 1:24-cv-02992-AS (ar)
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Tuesday, February 04, 2025
17 17 1 pgs order Order Tue 02/04 12:35 PM
ORDER: Motions for summary judgment were due on January 27, 2025. No such motions were made, so the Court ordered the parties to submit a joint letter with proposed trial dates and an update on the status of the cases by January 31, 2025. There was no response from the parties. The parties must file the status letter, containing proposed trial dates for March and April, by February 6, 2025 at 12:00 PM. If no letter is filed, these cases may be dismissed for failure to prosecute. SO ORDERED. (Signed by Judge Arun Subramanian on 2/4/2025) (tg)
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Tuesday, January 28, 2025
16 16 1 pgs order Order Tue 01/28 6:12 PM
ORDER Pursuant to the case management plan that governs both 24-cv-1063 and its member case 24-cv-2992, motions for summary judgment were due on January 27, 2025. No such motions were made, so the parties should meet and confer and propose trial dates in March or April. A joint letter with the proposed trial dates and an update on the status of the cases must be submitted by January 31, 2025. SO ORDERED. (Signed by Judge Arun Subramanian on 1/28/2025) (ar)
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Tuesday, June 25, 2024
15 15 order Case Management Plan Tue 06/25 5:47 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This discovery schedule will govern both 24-cv-01063 and 24-cv-02992. The parties should meet and confer and agree to interim deadlines that comply with a 1/6/25 deadline for discovery. Post-discovery summary judgment motions in the form prescribed by the Court's Individual Practices shall be served by 1/27/25, answering papers by 2/10/25, and reply papers by 2/17/25. Each party must file its respective papers on the same date that such papers are served. The parties should meet and confer and decide whether they consent to proceed for all purposes before the assigned Magistrate Judge (the appropriate form is available at http://nysd.uscourts.gov/node/754). If all parties consent to proceed before the assigned Magistrate Judge, they should file a fully executed version of the consent form on the docket no later than July 1, 2024. SO ORDERED. Amended Pleadings due by 7/25/2025. Joinder of Parties due by 7/25/2024. Motions due by 1/27/2025. Responses due by 2/10/2025 Replies due by 2/17/2025. Discovery due by 1/6/2025. (Signed by Judge Arun Subramanian on 6/25/2024) (vfr)
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Wednesday, May 01, 2024
14 14 2 pgs order Order on Motion to Consolidate Cases Wed 05/01 5:27 PM
ORDER GRANTING DEFENDANTS' MOTION TO CONSOLIDATE granting (8 in case 1:24-cv-02992-AS) Motion to Consolidate Cases. THIS MATTER having been brought before this Court on Motion of Defendants pursuant to Rule 42(b) to consolidate this action with the matter of Kalendar Inc. v. Loul, et al., 1:24-cv-02992 (S.D.N.Y.) it is hereby ordered that this matter shall be consolidated and going forward shall be captioned under this action as, (AS FURTHER SET FORTH IN THIS ORDER.) Dated this 1st day of May, 2024. ENTERED.. (Signed by Judge Arun Subramanian on 5/1/2024) Filed In Associated Cases: 1:24-cv-01063-AS, 1:24-cv-02992-AS (vfr)
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utility Case Consolidation - Member Wed 05/01 5:23 PM
CONSOLIDATED MEMBER CASE: Create association to 1:24-cv-01063-AS. (vfr)
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Monday, April 22, 2024
13 13 misc Statement of Relatedness Mon 04/22 11:40 AM
STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:24-cv-01063. Document filed by Kalendar Inc...(Gottesman, Baruch)
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12 12 service Summons Issued Mon 04/22 11:02 AM
ELECTRONIC SUMMONS ISSUED as to NFT Brands Inc.. (sj)
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11 11 service Summons Issued Mon 04/22 10:57 AM
ELECTRONIC SUMMONS ISSUED as to Leadingly AI LLC. (sj)
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10 10 service Summons Issued Mon 04/22 10:53 AM
ELECTRONIC SUMMONS ISSUED as to B2B Rocket, LLC. (sj)
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9 9 service Summons Issued Mon 04/22 10:49 AM
ELECTRONIC SUMMONS ISSUED as to Noah Loul. (sj)
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misc Notice to Attorney to Submit/File Related Case Statement Mon 04/22 10:38 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Baruch S. Gottesman, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (sj)
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notice Case Opening Initial Assignment Notice Mon 04/22 10:44 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)
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utility Case Designated ECF Mon 04/22 10:45 AM
Case Designated ECF. (sj)
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utility Case Referred as Possibly Related/Similar Mon 04/22 10:46 AM
CASE REFERRED TO Judge Arun Subramanian as possibly related to 1:24cv1063 (sj)
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utility Case Accepted as Related Mon 04/22 5:02 PM
CASE ACCEPTED AS RELATED. Create association to 1:24-cv-01063-AS. Notice of Assignment to follow. (vba)
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notice Notice of Case Assignment/Reassignment Mon 04/22 5:04 PM
NOTICE OF CASE REASSIGNMENT to Judge Arun Subramanian. Judge Unassigned is no longer assigned to the case. (vba)
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utility Case Designation Mon 04/22 5:05 PM
Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. 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] . (vba)
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Friday, April 19, 2024
8 8 motion Consolidate Cases Fri 04/19 2:27 PM
MOTION to Consolidate Cases 1:24-cv-2992 . Document filed by Kalendar Inc...(Gottesman, Baruch)
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Att: 1 Proposed Order Proposed Order Consolidating both matters under this Index Number with proposed Caption
7 7 misc Rule 7.1 Corporate Disclosure Statement Fri 04/19 2:07 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kalendar Inc...(Gottesman, Baruch)
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6 6 service Request for Issuance of Summons Fri 04/19 2:04 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Leadingly AI LLC, re:1 Complaint,,,,,,,,. Document filed by Kalendar Inc...(Gottesman, Baruch)
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5 5 service Request for Issuance of Summons Fri 04/19 2:03 PM
REQUEST FOR ISSUANCE OF SUMMONS as to NFT Brands Inc., re:1 Complaint,,,,,,,,. Document filed by Kalendar Inc...(Gottesman, Baruch)
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4 4 service Request for Issuance of Summons Fri 04/19 2:03 PM
REQUEST FOR ISSUANCE OF SUMMONS as to B2B Rocket, LLC, re:1 Complaint,,,,,,,,. Document filed by Kalendar Inc...(Gottesman, Baruch)
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3 3 service Request for Issuance of Summons Fri 04/19 2:02 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Noah Loul, re:1 Complaint,,,,,,,,. Document filed by Kalendar Inc...(Gottesman, Baruch)
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2 2 misc Civil Cover Sheet Fri 04/19 2:00 PM
CIVIL COVER SHEET filed..(Gottesman, Baruch)
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1 1 cmp Complaint Fri 04/19 1:59 PM
COMPLAINT against B2B Rocket, LLC, Leadingly AI LLC, Noah Loul, NFT Brands Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-29244104)Document filed by Kalendar Inc...(Gottesman, Baruch)
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Att: 1 Exhibit Exhibit A - Cease and Desist to Counterclaim-Defendants on January 26, 2024,
Att: 2 Exhibit Exhibit B - Screenshot of Counterclaimant's Website,
Att: 3 Exhibit Exhibit C - Filing Information from Wyoming Secretary of State for B2B Rocket LLC,
Att: 4 Exhibit Exhibit D - Filing Information from Wyoming Secretary of State for Leadingly AI LLC,
Att: 5 Exhibit Exhibit E - Delaware Entity Details for NFT Brands Inc.,
Att: 6 Exhibit Exhibit F - California Certificate of Status for NFT Brands Inc.,
Att: 7 Exhibit Exhibit G - Screenshots of Counterclaim-Defendant Noah Loul's LinkedIn Profile,
Att: 8 Exhibit Exhibit H - Statement and Designation by Foreign Corporation with California Secretary of State on February 22, 2022 of NFT Brands Inc.,
Att: 9 Exhibit Exhibit I - Statement of Information to California Secretary of State on November 29, 2022 for NFT Brands Inc.,
Att: 10 Exhibit Exhibit J - Certificate of Surrender to California Secretary of State for NFT Brands Inc.,
Att: 11 Exhibit Exhibit K - Articles of Organization filed with Wyoming Secretary of State on February 22, 2023 for Leadingly AI LLC,
Att: 12 Exhibit Exhibit L - Articles of Organization filed with Wyoming Secretary of State on February 23, 2023 for Leadingly LLC,
Att: 13 Exhibit Exhibit M - Amendment to Articles of Organization filed with Wyoming Secretary of State on September 26, 2023 for Leadingly LLC (changing name to B2B Rocket LLC),
Att: 14 Exhibit Exhibit N - Kalendar Inc. Terms of Use as of 2022 (https://kalendar.ai/legal/old/terms),
Att: 15 Exhibit Exhibit O - Kalendar Inc. Terms of Use as of 2023 (https://kalendar.ai/legal/terms),
Att: 16 Exhibit Exhibit P - November 1, 2022 Kalendar Inc. Services Order,
Att: 17 Exhibit Exhibit Q - Record of signups by Counterclaim-Defendants,
Att: 18 Exhibit Exhibit R - October 23, 2023 Kalendar Inc. Services Order,
Att: 19 Exhibit Exhibit S - First Incriminating E-mail Dated October 18, 2023,
Att: 20 Exhibit Exhibit T - First Incriminating E-mail dated November 3, 2023.