Flybar Inc. v. Express Trade Capital, Inc. et al

New York Southern District Court
Judge:	Vernon S Broderick
Referred:	Gary Stein
Case #:	1:25-cv-00618
Nature of Suit	190 Contract - Other Contract
Cause	28:1332bc Diversity-Breach of Contract

Case Filed:

Jan 21, 2025

Docket
Parties (5)

Last checked: Friday Mar 07, 2025 5:02 AM EST

Defendant Drew Cohen
Defendant Express Trade Capital, Inc.
Defendant Garantia LLC
Defendant Peter Stern
Plaintiff Flybar Inc.	Represented By Andrew Justin Urgenson Oved & Oved, LLP contact info Jonathan Peter Gordon Oved & Oved LLP contact info

Docket last updated: 05/05/2025 7:27 AM EDT

Wednesday, April 23, 2025
33		33 7 pgs order Case Management Plan Wed 04/23 2:29 PM CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties submit this Case Management Plan and Scheduling Order pursuant to Federal Rule of Civil Procedure 26(f): As further set forth by this Order. No additional parties may be joined after 30 days from the entry of this order. Any motion to join after this date will need to meet the good cause requirements of Fed. R. Civ. P. 16. No amended pleadings may be filed after 30 days from the entry of this order. Any motion to amend after this date will need to meet the good cause requirements of Fed. R. Civ. P. 16. The parties have discussed electronic discovery. The parties do not consent to a trial before a Magistrate Judge at this time. b.The case is to be tried to a jury. Settlement discussions have taken place. SO ORDERED. Deposition due by 12/15/2025. Fact Discovery due by 1/9/2026. (Signed by Magistrate Judge Gary Stein on 4/15/2025) (tg) Related: [-]
		minutes Pretrial Conference - Initial Wed 04/23 11:19 AM Minute Entry. An Initial Case Management Conference was held on Wednesday, April 23, 2025 before Magistrate Judge Gary Stein. As discussed during the conference, a joint status letter is due within three weeks of service on third-party defendants. (ta) Related: [-]
Wednesday, April 16, 2025
32		32 2 pgs order Order on Motion to Adjourn Conference Wed 04/16 3:34 PM ORDER denying29 Letter Motion to Adjourn Conference. Application denied. The Court does not find Defendant's anticipated service of a Third-Party Complaint to be a good reason to delay the start of discovery between the parties. Defendant's indemnification claims against the Third-Party Defendants arise from a separate contractual relationship and should not materially impact the scope or timing of discovery between Plaintiff and Defendant. Adjustments to the discovery schedule, if any are needed, can be made if and when the Third-Party Defendants appear and file their answers. SO ORDERED. (Signed by Magistrate Judge Gary Stein on 4/16/2025) (tg) Related: [-]
Tuesday, April 15, 2025
31		31 1 pgs misc Letter Tue 04/15 8:45 PM LETTER addressed to Magistrate Judge Gary Stein from Andrew J. Urgenson dated April 15, 2025 re: Response in Opposition to Defendants' Letter Motion to Adjourn Conference. Document filed by Flybar Inc...(Urgenson, Andrew) Related: [-]
30		30 7 pgs misc Proposed Case Management Plan Tue 04/15 8:35 PM PROPOSED CASE MANAGEMENT PLAN. Document filed by Flybar Inc...(Urgenson, Andrew) Related: [-]
29		29 motion Adjourn Conference Tue 04/15 4:30 PM LETTER MOTION to Adjourn Conference currently scheduled for April 23, 2025 at 11:00 am and that the parties be permitted to submit a proposed case management plan and scheduling order once the third-party defendants appear in this action addressed to Magistrate Judge Gary Stein from Lon J. Seidman, Esq. dated April 15, 2025. Document filed by Drew Cohen, Express Trade Capital, Inc., Garantia LLC, Peter Stern..(Seidman, Lon) Related: [-]
Thursday, April 10, 2025
28		28 notice Notice of Appearance Thu 04/10 6:15 PM NOTICE OF APPEARANCE by Brian David Waller on behalf of Drew Cohen, Express Trade Capital, Inc., Garantia LLC, Peter Stern..(Waller, Brian) Related: [-]
Monday, April 07, 2025
27		27 service Summons Issued Mon 04/07 2:52 PM ELECTRONIC SUMMONS ISSUED as to Yechiel Shimon Sprei. (sj) Related: [-]
26		26 service Summons Issued Mon 04/07 2:49 PM ELECTRONIC SUMMONS ISSUED as to Olden Group LLC. (sj) Related: [-]
Friday, April 04, 2025
25		25 service Request for Issuance of Summons Fri 04/04 4:24 PM REQUEST FOR ISSUANCE OF SUMMONS as to Yechiel Shimon Sprei, re:23 Third Party Complaint. Document filed by Drew Cohen, Express Trade Capital, Inc., Garantia LLC, Peter Stern..(Seidman, Lon) Related: [-]
24		24 2 pgs service Request for Issuance of Summons Fri 04/04 4:22 PM REQUEST FOR ISSUANCE OF SUMMONS as to Olden Group LLC, re:23 Third Party Complaint. Document filed by Drew Cohen, Express Trade Capital, Inc., Garantia LLC, Peter Stern..(Seidman, Lon) Related: [-]
23		23 4 pgs cmp Third Party Complaint Fri 04/04 4:17 PM THIRD PARTY COMPLAINT against Olden Group LLC, Yechiel Shimon Sprei.Document filed by Express Trade Capital, Inc., Drew Cohen, Garantia LLC, Peter Stern..(Seidman, Lon) Related: [-]
Tuesday, March 25, 2025
22		22 1 pgs order Order for Initial Pretrial Conference Tue 03/25 4:44 PM INITIAL CASE MANAGEMENT CONFERENCE ORDER: This action is scheduled for an Initial Case Management Conference on Wednesday, April 23, 2025 at 11:00 a.m. The parties are directed to appear for a video conference via Microsoft Teams at the scheduled time. Please dial (646) 453-4442, Access Code: 317 357 829#. The parties shall consult and comply with the undersigned's Individual Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-gary-stein. In accordance with Section II.A of the Individual Practices, counsel are directed to file a joint Proposed Case Management Plan and Scheduling Order no later than one week prior to the conference. SO ORDERED. Initial Conference set for 4/23/2025 at 11:00 AM before Magistrate Judge Gary Stein. (Signed by Magistrate Judge Gary Stein on 3/25/2025) (tg) Related: [-]
Monday, March 24, 2025
21		21 1 pgs order Order Referring Case to Magistrate Judge Mon 03/24 11:45 AM ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gary Stein. (Signed by Judge Vernon S. Broderick on 3/24/2025) (rro) Related: [-]
Friday, March 21, 2025
20		20 11 pgs answer Answer to Complaint Fri 03/21 12:30 PM ANSWER to1 Complaint. Document filed by Drew Cohen, Express Trade Capital, Inc., Garantia LLC, Peter Stern..(Seidman, Lon) Related: [-]
19		19 misc Rule 7.1 Corporate Disclosure Statement Fri 03/21 12:27 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Express Trade Capital, Inc...(Seidman, Lon) Related: [-]
18		18 misc Rule 7.1 Corporate Disclosure Statement Fri 03/21 12:25 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Garantia LLC..(Seidman, Lon) Related: [-]
Wednesday, January 29, 2025
17		17 service Waiver of Service Executed Wed 01/29 12:45 PM WAIVER OF SERVICE RETURNED EXECUTED. Drew Cohen waiver sent on 1/22/2025, answer due 3/24/2025. Document filed by Flybar Inc...(Gordon, Jonathan) Related: [-]
16		16 1 pgs service Waiver of Service Executed Wed 01/29 12:45 PM WAIVER OF SERVICE RETURNED EXECUTED. Express Trade Capital, Inc. waiver sent on 1/22/2025, answer due 3/24/2025. Document filed by Flybar Inc...(Gordon, Jonathan) Related: [-]
15		15 service Waiver of Service Executed Wed 01/29 12:44 PM WAIVER OF SERVICE RETURNED EXECUTED. Garantia LLC waiver sent on 1/22/2025, answer due 3/24/2025. Document filed by Flybar Inc...(Gordon, Jonathan) Related: [-]
14		14 service Waiver of Service Executed Wed 01/29 12:43 PM WAIVER OF SERVICE RETURNED EXECUTED. Peter Stern waiver sent on 1/22/2025, answer due 3/24/2025. Document filed by Flybar Inc...(Gordon, Jonathan) Related: [-]
Wednesday, January 22, 2025
13		13 notice Notice of Appearance Wed 01/22 12:44 PM NOTICE OF APPEARANCE by Jonathan Peter Gordon on behalf of Flybar Inc...(Gordon, Jonathan) Related: [-]
12		12 service Summons Issued Wed 01/22 12:13 PM ELECTRONIC SUMMONS ISSUED as to Express Trade Capital, Inc.. (sj) Related: [-]
11		11 service Summons Issued Wed 01/22 12:10 PM ELECTRONIC SUMMONS ISSUED as to Garantia LLC. (sj) Related: [-]
10		10 service Summons Issued Wed 01/22 12:06 PM ELECTRONIC SUMMONS ISSUED as to Peter Stern. (sj) Related: [-]
9		9 service Summons Issued Wed 01/22 12:03 PM ELECTRONIC SUMMONS ISSUED as to Drew Cohen. (sj) Related: [-]
8		8 misc Rule 7.1 Corporate Disclosure Statement Wed 01/22 11:47 AM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Flybar Inc...(Urgenson, Andrew) Related: [-]
		misc Notice to Attorney Regarding Deficient Rule 7.1 Corporate Disclosure Statement Wed 01/22 9:57 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Andrew Justin Urgenson to RE-FILE Document No. 7 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) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Wed 01/22 11:46 AM ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew Justin Urgenson. The following case opening statistical information was erroneously selected/entered: Dollar Demand $2,000,000,000; County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 9,999,000; the County code has been modified to XX Out of State. (sj) Related: [-]
		notice Case Opening Initial Assignment Notice Wed 01/22 11:58 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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] ..(sj) Related: [-]
		utility Case Designation Wed 01/22 12:00 PM Magistrate Judge Gary Stein 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] . (sj) Related: [-]
		utility Case Designated ECF Wed 01/22 12:00 PM Case Designated ECF. (sj) Related: [-]
Tuesday, January 21, 2025
7		7 1 pgs misc Rule 7.1 Corporate Disclosure Statement Tue 01/21 6:10 PM FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Flybar Inc...(Urgenson, Andrew) Modified on 1/22/2025 (lb). Related: [-]
6		6 service Request for Issuance of Summons Tue 01/21 6:09 PM REQUEST FOR ISSUANCE OF SUMMONS as to Express Trade Capital Inc., re:1 Complaint. Document filed by Flybar Inc...(Urgenson, Andrew) Related: [-]
5		5 service Request for Issuance of Summons Tue 01/21 6:08 PM REQUEST FOR ISSUANCE OF SUMMONS as to Garantia LLC, re:1 Complaint. Document filed by Flybar Inc...(Urgenson, Andrew) Related: [-]
4		4 service Request for Issuance of Summons Tue 01/21 6:07 PM REQUEST FOR ISSUANCE OF SUMMONS as to Peter Stern, re:1 Complaint. Document filed by Flybar Inc...(Urgenson, Andrew) Related: [-]
3		3 service Request for Issuance of Summons Tue 01/21 6:06 PM REQUEST FOR ISSUANCE OF SUMMONS as to Drew Cohen, re:1 Complaint. Document filed by Flybar Inc...(Urgenson, Andrew) Related: [-]
2		2 misc Civil Cover Sheet Tue 01/21 5:53 PM CIVIL COVER SHEET filed..(Urgenson, Andrew) Related: [-]
1		1 24 pgs cmp Complaint Tue 01/21 5:51 PM COMPLAINT against Drew Cohen, Express Trade Capital, Inc., Garantia LLC, Peter Stern. (Filing Fee $ 405.00, Receipt Number ANYSDC-30493340)Document filed by Flybar Inc...(Urgenson, Andrew) Related: [-]

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