You may withhold your consent without adverse substantive consequences. The form may also be accessed at the following link: #. 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. 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. by Franklin Square Fitness, LLC, Synergy Fitness Brooklyn, LLC, Synergy Fitness Merrick Inc., Synergy Long Beach Inc. on Octo(the "Return Date"), why an Order for preliminary injunctive relief should not be entered against Defendant precluding Defendant from engaging in any further billing and collection activities with respect to Plaintiffs' fitness center customers and/or accounts and requiring defendant to immediately return all of Plaintiffs' customer data. ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: ORDERED that Defendant Daxko, LLC d/b/a Club Automation ("Defendant") appear and show cause before the United States District Court for the Eastern District of New York, located at 225 Cadman Plaza East, Brooklyn, New York 11201, at 12:30 p.m. (Browne, Christian)ĪFFIDAVIT/AFFIRMATION re #7 Order to Show Cause, Preliminary Injunction, of Service by Franklin Square Fitness, LLC, Synergy Fitness Brooklyn, LLC, Synergy Fitness Merrick Inc., Synergy Long Beach Inc. SUMMONS Returned Executed by Synergy Fitness Merrick Inc., Synergy Fitness Brooklyn, LLC, Franklin Square Fitness, LLC, Synergy Long Beach Inc. (Attachments: #1 Declaration of Wade Williams, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J) (Mintz, Robert) MEMORANDUM in Opposition re #7 Order to Show Cause, Preliminary Injunction, filed by Daxko, LLC. Letter Motion Requesting Pre-Motion Conference by Daxko, LLC (Mintz, Robert) Modified on to change event type to motion (LC). REPLY in Support re #7 Order to Show Cause, Preliminary Injunction, and in Reply to Defendant's Opposition to Plaintiffs' Motion for Preliminary Injunction filed by All Plaintiffs. Counsel shall dial 1-87 and enter access code 4785432 at the prompt. SCHEDULING ORDER: re: OSC #7 Telephone Conference set for 02:00 PM in Telephone before Judge Joan M. Mintz on behalf of Daxko, LLC (aty to be noticed) (Mintz, Robert) Hindy on behalf of Daxko, LLC (aty to be noticed) (Hindy, Gregory) RESPONSE in Opposition re #11 MOTION for pre motion conference filed by Franklin Square Fitness, LLC, Synergy Fitness Brooklyn, LLC, Synergy Fitness Merrick Inc., Synergy Long Beach Inc. ORDER REFERRING MOTION: The Court hereby cancels the telephone conference scheduled for Wednesday, October 26, 2022, and respectfully refers #11 the Motion for a Pre-Motion Conference, and any resulting motions, to Judge Locke. The parties should dial 1-87 and enter access code 3002871# at the prompt. via the Court's AT&T teleconference center. Locke regarding Defendant's anticipated motion is set for at 11:30 a.m. A tele-conference in front of Magistrate Judge Steven I. (QN)Įlectronic ORDER granting DE #11 Motion for Pre Motion Conference. #2, #7 ) to Judge Locke for report and recommendation. ORDER REFERRING MOTION: The Court hereby refers Plaintiff's motion for a Preliminary Injunction (ECF Nos. The Courts order scheduling a conference for Novemis hereby vacated.The parties should dial 1-87 and enter access code 3002871# at the prompt. (KG)ĮLECTRONIC ORDER Status phone conference set for Octoat 1:30pm to address scheduling hearing for Plaintiffs motion for a preliminary injunction. Evidentiary Hearing set for at 9:30 AM in Courtroom 820 before Magistrate Judge Steven I. A post-hearing briefing schedule on all motions will be set at the conclusion of the hearing. For the hearing the parties will bring pre-marked exhibits including three extra copies for the Court and Court staff. Depositions will occur from Novemthrough November 23, 2022. Responses will be served on November 8, 2022. The parties will also engage in discovery as follows: Written discovery requests will be served on November 1, 2022. The hearing will include evidence on contract formation and issues related Defendants arbitration and forum selection arguments as well as the merits of all claims and defenses concerning any injunctive relief. The Court will hold a hearing on Plaintiffs order to show cause seeking a preliminary injunction in Court (Room 820) starting at 9:30am on November 28, 2022. Minute Order for proceedings held before Magistrate Judge Steven I. This docket was last retrieved on October 27, 2022.
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