XTI Aerospace, Inc. v. Chardan Capital Markets LLC
| New York Southern District Court | |
| Judge: | Gregory H Woods |
| Case #: | 1:24-cv-06590 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity Action |
| Case Filed: | Aug 30, 2024 |
| Re-opened: | Jan 13, 2025 |
| Terminated: | Jan 21, 2025 |
| Last checked: Wednesday Feb 26, 2025 3:58 AM EST |
|
Petitioner
XTI Aerospace, Inc.
|
Represented By
|
|
Respondent
Chardan Capital Markets LLC
|
Represented By
|
| Docket last updated: 10 hours ago |
| Tuesday, January 21, 2025 | ||
| 39 | 39
order
Judgment - Clerk
Tue 01/21 10:58 AM
CLERK'S JUDGMENT re:38 Memorandum & Opinion in favor of XTI Aerospace, Inc. against Chardan Capital Markets LLC. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion & Order dated January 17, 2025, Petitioner is not bound by the arbitration provision in the Engagement Agreement, and Respondent is hereby enjoined from pursing its claims against Petitioner in the pending Arbitration before FINRA. Judgment is entered for Petitioner; accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 1/21/2025) (km) |
|
|
Att: 1
Appeal Package
|
||
| Friday, January 17, 2025 | ||
| 38 | 38
13
pgs
order
Memorandum & Opinion
Fri 01/17 4:27 PM
MEMORANDUM OPINION & ORDER: For the foregoing reasons, Petitioner is not bound by the arbitration provision in the Engagement Agreement, and Respondent is hereby enjoined from pursing its claims against Petitioner in the pending Arbitration before FINRA. The Clerk of Court is directed to enter judgment for Petitioner and to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/17/2025) (mml) |
|
| Monday, January 13, 2025 | ||
| 37 | 37
order
Memo Endorsement
Mon 01/13 5:33 PM
MEMO ENDORSEMENT on re:36 Letter filed by XTI Aerospace, Inc. ENDORSEMENT: Application granted. This case is reopened, and the Court will consider the motion to stay arbitration as filed. The Clerk of Court is directed to restore this case to the active docket. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/13/2025) (sgz) |
|
| 36 | 36
misc
Letter
Mon 01/13 11:56 AM
LETTER addressed to Judge Gregory H. Woods from David B. Gordon dated 01 13-2025 re: Status Update Re Settlement. Document filed by XTI Aerospace, Inc...(Gordon, David) |
|
| Monday, January 06, 2025 | ||
| 35 | 35
2
pgs
order
Order of Discontinuance
Mon 01/06 2:11 PM
ORDER: Accordingly, it is hereby ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is further directed to terminate all pending motions, adjourn all remaining dates, and to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/6/2025) (sgz) |
|
| 34 | 34
misc
Letter
Mon 01/06 10:41 AM
LETTER addressed to Judge Gregory H. Woods from David B. Gordon dated 01/06/2025 re: Status Letter. Document filed by XTI Aerospace, Inc...(Gordon, David) |
|
| Wednesday, December 04, 2024 | ||
| 33 | 33
respm
Response in Support of Motion
Wed 12/04 5:25 PM
RESPONSE in Support of Motion re:23 MOTION to Stay Arbitration . PETITIONERS RESPONSE TO RESPONDENTS SUPPLEMENTAL STATEMENT OF FACTS SUBMITTED PURSUANT TO LOCAL CIVIL RULE 56.1 . Document filed by XTI Aerospace, Inc...(Gordon, David) |
|
| 32 | 32
respm
Declaration in Support of Motion
Wed 12/04 5:17 PM
DECLARATION of SCOTT POMEROY in Support. Document filed by XTI Aerospace, Inc...(Gordon, David) |
|
| 31 | 31
respm
Reply Memorandum of Law in Support of Motion
Wed 12/04 4:57 PM
REPLY MEMORANDUM OF LAW in Support re:23 MOTION to Stay Arbitration . . Document filed by XTI Aerospace, Inc...(Gordon, David) |
|
| Wednesday, November 20, 2024 | ||
| 30 | 30
23
pgs
respm
Memorandum of Law in Opposition to Motion
Wed 11/20 7:58 PM
MEMORANDUM OF LAW in Opposition re:23 MOTION to Stay Arbitration . . Document filed by Chardan Capital Markets LLC..(Hunter, Mark) |
|
| 29 | 29
misc
Counter Statement to Rule 56.1
Wed 11/20 7:54 PM
COUNTER STATEMENT TO24 Rule 56.1 Statement. Document filed by Chardan Capital Markets LLC..(Hunter, Mark) |
|
| 28 | 28
respm
Declaration in Opposition to Motion
Wed 11/20 7:48 PM
DECLARATION of Elliot Gnedy in Opposition re:23 MOTION to Stay Arbitration .. Document filed by Chardan Capital Markets LLC..(Hunter, Mark) |
|
| 27 | 27
respm
Declaration in Opposition to Motion
Wed 11/20 7:46 PM
DECLARATION of Steven Urbach in Opposition re:23 MOTION to Stay Arbitration .. Document filed by Chardan Capital Markets LLC..(Hunter, Mark) |
|
|
Att: 1
Exhibit A-June 7, 2022 Engagement Letter,
|
||
|
Att: 2
Exhibit B-July 24, 2023 Merger Agreement,
|
||
|
Att: 3
Exhibit C-Amendment to the Engagement Letter
|
||
| Wednesday, October 23, 2024 | ||
| 26 | 26
7
pgs
respm
Memorandum of Law in Support of Motion
Wed 10/23 12:24 PM
MEMORANDUM OF LAW in Support re:23 MOTION to Stay Arbitration . . Document filed by XTI Aerospace, Inc...(Gordon, David) |
|
| 25 | 25
respm
Declaration in Support of Motion
Wed 10/23 12:21 PM
DECLARATION of Scott Pomeroy in Support re:23 MOTION to Stay Arbitration .. Document filed by XTI Aerospace, Inc...(Gordon, David) |
|
|
Att: 1
Exhibit A - 7 June Chardan XTI Engagement Letter Final,
|
||
|
Att: 2
Exhibit B - XTI Chardan EL Amendment 3.12.2024- fully executed,
|
||
|
Att: 3
Exhibit C- Final S4 11.7.23,
|
||
|
Att: 4
Exhibit D - Claimants Statement of Claim dated 8.1.24
|
||
| 24 | 24
misc
Rule 56.1 Statement
Wed 10/23 12:12 PM
RULE 56.1 STATEMENT. Document filed by XTI Aerospace, Inc...(Gordon, David) |
|
| 23 | 23
motion
Stay
Wed 10/23 12:10 PM
MOTION to Stay Arbitration . Document filed by XTI Aerospace, Inc...(Gordon, David) |
|
| Thursday, October 03, 2024 | ||
| 22 | 22
1
pgs
order
Order ~Util - Set Deadlines/Hearings
Thu 10/03 5:26 PM
ORDER: Accordingly, it is hereby ORDERED that Petitioners shall file and serve a statement pursuant to Local Civil Rule 56.1 and any additional materials with which they intend to support the petition, including any affidavits or declarations attesting that the exhibits to the petition are true and correct copies of what they purport to be, no later than November 3, 2024. Respondent's opposition is due four weeks following the date of service of Petitioner's filings. Petitioners' reply, if any, is due two weeks following the date of service of Respondent's opposition. The initial pre-trial conference currently scheduled for October 16, 2024 is adjourned sine die. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/3/2024) (ks) |
|
|
minutes
Pre-Motion Conference
Mon 10/07 9:55 AM
Minute Entry for proceedings held before Judge Gregory H. Woods: Pre-Motion Conference held on 10/3/2024. (Court Reporter Present) (va) |
||
| Friday, September 27, 2024 | ||
| 21 | 21
misc
Letter
Fri 09/27 3:57 PM
JOINT LETTER addressed to Judge Gregory H. Woods from Mark David Hunter, Esquire dated September 27, 2024 re: Status of Case. Document filed by Chardan Capital Markets LLC..(Hunter, Mark) |
|
| Thursday, September 26, 2024 | ||
| 20 | 20
2
pgs
order
Order on Motion to Adjourn Conference
Thu 09/26 5:58 PM
ORDER granting18 Letter Motion to Adjourn Conference.Application granted. Defendants request to adjourn the pre-motion conference, Dkt. No. 18, is granted. The pre-motion conference scheduled for October 1, 2024 is adjourned to October 3, 2024 at 3:00 p.m. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 18. SO ORDERED. Pre-Motion Conference set for 10/3/2024 at 03:00 PM before Judge Gregory H. Woods.. (Signed by Judge Gregory H. Woods on 9/26/2024) (jca) |
|
| 19 | 19
respm
Response to Motion
Thu 09/26 5:37 PM
LETTER RESPONSE to Motion addressed to Judge Gregory H. Woods from David B. Gordon dated 09/26/2024 re:15 LETTER MOTION for Conference re:1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration re Respondent Chardan Capital Markets LLC's anticipated motion to dismiss addressed to Judge Gregory H. Woods from Mark David Hunter, Esqui . Document filed by XTI Aerospace, Inc...(Gordon, David) |
|
| 18 | 18
motion
Adjourn Conference
Thu 09/26 2:31 PM
CONSENT LETTER MOTION to Adjourn Conference re Pre-Motion Conference addressed to Judge Gregory H. Woods from Mark David Hunter, Esquire dated September 26, 2024. Document filed by Chardan Capital Markets LLC..(Hunter, Mark) |
|
| 17 | 17
misc
Rule 7.1 Corporate Disclosure Statement
Thu 09/26 11:39 AM
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Chardan Securities LLC for Chardan Capital Markets LLC. Document filed by Chardan Capital Markets LLC..(Johnson-Sardella, Jenny) |
|
|
misc
Notice to Attorney Regarding Deficient Rule 7.1 Corporate Disclosure Statement
Thu 09/26 8:58 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Mark David Hunter to RE-FILE Document No. 14 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here NYSD form page (lb) |
||
| Wednesday, September 25, 2024 | ||
| 16 | 16
1
pgs
order
Order on Motion for Conference
Thu 09/26 10:09 AM
ORDER granting15 Letter Motion for Conference. In a letter dated September 25, 2024, Respondent requested a pre-motion conference to discuss Respondent's proposed motion to dismiss the petition to stay arbitration. Dkt. No. 15. Respondent's request for a pre-motion conference is granted. The Court will hold a teleconference regarding Respondent's proposed motion to dismiss on October 1, 2024 at 3:00 p.m. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Individual Rules. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 15. SO ORDERED. Telephone Conference set for 10/1/2024 at 03:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 9/25/2024) (mml) |
|
| 15 | 15
motion
Conference
Wed 09/25 5:08 PM
LETTER MOTION for Conference re:1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration re Respondent Chardan Capital Markets LLC's anticipated motion to dismiss addressed to Judge Gregory H. Woods from Mark David Hunter, Esquire dated September 25, 2024. Document filed by Chardan Capital Markets LLC..(Hunter, Mark) |
|
| 14 | 14
misc
Rule 7.1 Corporate Disclosure Statement
Wed 09/25 4:52 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Chardan Securities LLC for Chardan Capital Markets LLC. Document filed by Chardan Capital Markets LLC..(Hunter, Mark) |
|
| Friday, September 20, 2024 | ||
| 13 | 13
2
pgs
order
Order on Motion to Adjourn Conference
Fri 09/20 12:02 PM
ORDER granting12 Letter Motion to Adjourn Conference. Application granted. The parties' September 19, 2024 request to adjourn the initial pretrial conference, Dkt. No. 12, is granted. The initial pretrial conference scheduled for October 1, 2024 is adjourned to October 16, 2024 at 4:00 p.m. The joint status letter and proposed case management plan described in the Court's September 3, 2024 order, Dkt. No. 6, are due no later than September 27, 2024. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 12. SO ORDERED. Initial Conference set for 10/16/2024 at 04:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 9/20/2024) (tg) |
|
| Thursday, September 19, 2024 | ||
| 12 | 12
motion
Adjourn Conference
Thu 09/19 5:37 PM
CONSENT LETTER MOTION to Adjourn Conference (Initial Pretrial) to October 10 or 11, 2024 addressed to Judge Gregory H. Woods from Mark David Hunter, Esquire dated September 19, 2024. Document filed by Chardan Capital Markets LLC..(Hunter, Mark) |
|
| Wednesday, September 11, 2024 | ||
| 11 | 11
notice
Notice of Appearance
Wed 09/11 5:09 PM
NOTICE OF APPEARANCE by Jenny D Johnson-Sardella on behalf of Chardan Capital Markets LLC..(Johnson-Sardella, Jenny) |
|
| 10 | 10
notice
Notice of Appearance
Wed 09/11 5:03 PM
NOTICE OF APPEARANCE by Mark David Hunter on behalf of Chardan Capital Markets LLC..(Hunter, Mark) |
|
| Tuesday, September 10, 2024 | ||
| 9 | 9
service
Affidavit of Service Other
Tue 09/10 11:18 AM
AFFIDAVIT OF SERVICE of Summons; Petition To Stay Arbitration served on Chardan Capital Markets LLC on 09/04/2024. Service was accepted by Nancy Dougherty. Document filed by XTI Aerospace, Inc...(Gordon, David) |
|
| Monday, September 09, 2024 | ||
| 8 | 8
misc
Rule 7.1 Corporate Disclosure Statement
Mon 09/09 10:41 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by XTI Aerospace, Inc...(Gordon, David) |
|
| Wednesday, September 04, 2024 | ||
| 7 | 7
service
Certificate of Service Other
Wed 09/04 3:36 PM
CERTIFICATE OF SERVICE of Courts Notice of Initial Pretrial Conference dated September 3, 2024 and the Individual Rules of Judge Gregory Woods served on Chardan Capital Markets LLC on September 4, 2024. Service was made by Mail. Document filed by XTI Aerospace, Inc...(Gordon, David) |
|
| Tuesday, September 03, 2024 | ||
| 6 | 6
2
pgs
order
Order for Initial Pretrial Conference
Wed 09/04 10:27 AM
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties participate in an initial pretrial conference with the Court at the time listed below. October 1, 2024 at 4:00 p.m. The conference will be conducted by telephone. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. Initial Conference set for 10/1/2024 at 04:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 9/3/2024) (sgz) |
|
| 5 | 5
service
Summons Issued
Tue 09/03 3:36 PM
ELECTRONIC SUMMONS ISSUED as to Chardan Capital Markets LLC..(gp) |
|
|
misc
Notice to Attorney Regarding Deficient Rule 7.1 Corporate Disclosure Statement
Tue 09/03 11:03 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney David B. Gordon to RE-FILE Document No. 3 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here NYSD form page (lb) |
||
|
misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Tue 09/03 3:31 PM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David B. Gordon. The following case opening statistical information was erroneously selected/entered: Cause of Action code Civil Miscellaneous Case - Other;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332 Diversity Action;. (gp) |
||
|
notice
Case Opening Initial Assignment Notice
Tue 09/03 3:35 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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] ..(gp) |
||
|
utility
Case Designation
Tue 09/03 3:35 PM
Magistrate Judge Sarah Netburn 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] . (gp) |
||
|
utility
Case Designated ECF
Tue 09/03 3:36 PM
Case Designated ECF. (gp) |
||
| Friday, August 30, 2024 | ||
| 4 | 4
service
Request for Issuance of Summons
Fri 08/30 4:02 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Chardan Capital Markets LLC, re:1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by XTI Aerospace, Inc...(Gordon, David) |
|
| 3 | 3
misc
Rule 7.1 Corporate Disclosure Statement
Fri 08/30 4:00 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by XTI Aerospace, Inc...(Gordon, David) |
|
| 2 | 2
misc
Civil Cover Sheet
Fri 08/30 3:59 PM
CIVIL COVER SHEET filed..(Gordon, David) |
|
| 1 | 1
6
pgs
cmp
Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration
Fri 08/30 3:56 PM
PETITION TO STAY ARBITRATION. (Filing Fee $ 405.00, Receipt Number ANYSDC-29828656).Document filed by XTI Aerospace, Inc...(Gordon, David) |
|
|
Att: 1
Exhibit A - Engagement Letter,
|
||
|
Att: 2
Exhibit B - Chardan EL Amendment
|
||