KJM Securities, Inc. v. Aegea Capital Management LLC
Filing
27
ORDER: It is hereby ORDERED that, pursuant to the Court's January 28, 2021, Order the parties (including Mr. Karsan) shall conduct their first mediation session by March 5, 2021, and by March 8, 2021, shall jointly file a letter apprising th e Court as to the status of mediation and whether Aegea intends to file any motion to dismiss. It is further ORDERED that, by February 19, 2021, Plaintiff shall provide Mr. Karsan's counsel with any proposed waiver of summons form. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/17/2021) (cf)
Case 1:20-cv-09845-LGS Document 27 Filed 02/17/21 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------KJM SECURITIES, INC.,
Plaintiff,
-againstAEGEA CAPITAL MANAGEMENT LLC,
Defendant.
------------------------------------------------------------LORNA G. SCHOFIELD, District Judge:
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20 Civ. 9845 (LGS)
ORDER
WHEREAS, on January 28, 2021, the Court held an initial pretrial and pre-motion conference,
during which Plaintiff stated that it intended to file an amended complaint with supplemental factual
allegations regarding its claim that Defendant breached the implied covenant of good faith and fair
dealing in connection with the Investment Services Referral Agreement into which Aegea Capital
Management LLC and KJM Securities, Inc. entered on October 4, 2015 (the “Referral Agreement”).
WHEREAS, on January 28, 2021, the Court issued an Order directing Plaintiff to file any
amended complaint by February 4, 2021, and directing the parties (i) to retain a private mediator and
participate in their first mediation session by March 5, 2021, and (ii) to jointly file a letter apprising the
Court as to the status of mediation and whether Defendant intends to file any motion to dismiss by
March 8, 2021. Dkt. No. 18.
WHEREAS, on February 4, 2021, Plaintiff filed the First Amended Complaint, which adds an
additional Defendant, Cem A. Karsan, and adds two additional causes of action, an unjust enrichment
claim and a tort claim. Dkt. No. 20.
WHEREAS, on February 10, 2021, Defendant Aegea Capital Management LLC (“Aegea”)
filed a pre-motion letter seeking “guidance on case management going forward, as well as further
direction concerning the mediation of this case.” Dkt. No. 21.
WHEREAS, on February 15, 2021, Plaintiff filed a responsive letter (Dkt. No. 25), and on
Case 1:20-cv-09845-LGS Document 27 Filed 02/17/21 Page 2 of 2
February 16, 2021, Aegea filed a supplemental reply (Dkt. No. 26).
WHEREAS, pursuant to the Civil Case Management Plan and Scheduling Order, no additional
parties may be joined after February 26, 2021, without leave of the Court. Dkt. No. 19. It is hereby
ORDERED that, pursuant to the Court’s January 28, 2021, Order the parties (including Mr.
Karsan) shall conduct their first mediation session by March 5, 2021, and by March 8, 2021, shall
jointly file a letter apprising the Court as to the status of mediation and whether Aegea intends to file
any motion to dismiss. It is further
ORDERED that, by February 19, 2021, Plaintiff shall provide Mr. Karsan’s counsel with
any proposed waiver of summons form.
Dated: February 17, 2021
New York, New York
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