scion, Could Judge Azrack think Metter's motion to move the trial to the Southern District of Texas is still on the table? And hereby adjourns the initial conference to an unspecified date pending the resolution of that matter? http://viewer.zoho.com/docs/j6bc3a
When logic and proportion Have fallen sloppy dead And the white knight is talking backwards And the Red Queen's "Off with her head!" Remember what the dormouse said:
03/15/2011 SCHEDULING ORDER: In light of Judge Irizarry's Order dated March 14, 2011, a status conference will be held before Magistrate Judge Azrack on April 7, 2011, at 2:00 PM in Courtroom 6E, 225 Cadman Plaza East. Any requests for adjournment must be made via letter filed on ECF at least two days in advance of the scheduled conference and must indicate which parties consent to the adjournment. Ordered by Magistrate Judge Joan M. Azrack on 3/15/2011. (Palfreyman, Brendan) Modified on 3/16/2011 (Palfreyman, Brendan). (Entered: 03/15/2011)
03/14/2011 ORDER AS TO VENUE - At the July 30, 2010 conference held on this matter, the court reserved decision as to whether or not venue was proper in this district or in the U.S. District Court for the Southern District of New York due to the prior filing of two class actions against some of the same defendants and due to the pendancy of a bankruptcy action in the Southern District of New York. However, since then, the two class actions have been transferred to this district and referred to me. The bankruptcy action remains in the Southern District of New York. As such, the issue of venue is moot. On this date, the court has also decided plaintiff's motion for a preliminary injunction. Accordingly, this matter is referred to the magistrate judge for further pretrial proceedings. In addition, the court notes that a review of the docket sheet reveals that defendants RM Enterprises International, Inc. ("RM Enterprises") and George Speranza ("Speranza") were duly served with the summons and complaint and their time to answer (6/17/10 and 6/11/10, respectively) has long passed. Accordingly, plaintiff is hereby directed to either dismiss this action against these defendants or move for entry of default judgment and damages within thirty (30) days from the date of this Order, i.e. NO LATER THAN APRIL 13, 2011. Should plaintiff fail to comply with this Order, the court will dismiss this action as to these two defendants for failure to prosecute. SO ORDERED by Judge Dora Lizette Irizarry on 3/14/2011. (Irizarry, Dora) (Entered: 03/14/2011)
03/14/2011 112 ORDER granting in part, staying in part, and denying in part 2 Motion for Preliminary Injunction - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, plaintiff's motion for the issuance of a preliminary injunction against the named defendants is granted in part, stayed in part, and denied, in part, without prejudice. The parties are admonished to adhere to the timetables set forth by the court in the Preliminary Injunction Order issued with the Attached Written Memorandum and Order. SO ORDERED by Judge Dora Lizette Irizarry on 3/14/2011. (Irizarry, Dora) (Entered: 03/14/2011)
03/02/2011 ORDER denying as moot 44 Motion to Appoint Receiver. In the SEC's letter, dated July 20, 2010, it states that the SEC withdraws the motion to appoint a receiver in light of the fact that the Bankruptcy Court appointed a bankruptcy trustee over Spongetech. (See Docket Entry 93.) So Ordered by Judge Dora Lizette Irizarry on 3/2/2011. (Irizarry, Dora) (Entered: 03/02/2011)
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