Western Surety Company v. Bykev International Inc. et al
Plaintiff: Western Surety Company
Defendant: Bykev International Inc., Kevin Kang and Che W. Song
Case Number: 1:2014cv09673
Filed: December 8, 2014
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: James L Cott
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 oc Diversity-Other Contract
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 15, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 15, 2016 Opinion or Order Filing 49 STIPULATION AND ORDER OF SETTLEMENT: Under the terms of the continuous bond, the bond remains in force for one (1) year beginning with the effective date and for each succeeding annual period until termination, and constitutes a separate bond for each period in the amount of One Hundred Thousand and 00/100 ($100,000.00) Dollars. Because of the time and expense that would be involved in continuing the litigation the matter involved in the lawsuit, the parties to the Settlement Agreement are desirous of amicably settling and resolving the lawsuit. Defendants, Bykev, Kang and Song will immediately upon execution of this Stipulation and Order will forward to the Law Offices of Michael P. O'Connor the sum of Seventy Five Thousand and 00/100 Dollars ($75,000.00). The above-entitled action is hereby discontinued and dismissed with prejudice. (Signed by Magistrate Judge James L. Cott on 8/15/2016) (kgo)
August 10, 2016 Filing 48 SETTLEMENT AGREEMENT and Order of dismissal. Document filed by Bykev International Inc..(Cohen, David)
July 18, 2016 Opinion or Order Filing 47 ORDER OF DISMISSAL: The Court having been advised by counsel's letter dated July 15, 2016 (Docket No. 46) that all claims asserted herein have been settled, it is hereby ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within 30 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within 30 days of the date of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same 30-day period to be "so ordered" by the Court. Any pending motions are moot. The Clerk is directed to close Docket No. 39 and to close this case. (Signed by Magistrate Judge James L. Cott on 7/18/2016) (kgo)
July 15, 2016 Filing 46 LETTER addressed to Magistrate Judge James L. Cott from David Cohen dated 07/15/2016 re: Settlement of Action. Document filed by Bykev International Inc..(Cohen, David)
June 21, 2016 Opinion or Order Filing 45 ORDER granting in part and denying in part #44 Letter Motion for Extension of Time; granting in part and denying in part #44 Letter Motion for Extension of Time to File Response/Reply. Defendants may have until July 15 to file their opposition papers and Plaintiff may file any reply papers by July 29. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
June 21, 2016 Filing 44 LETTER MOTION for Extension of Time to July 22, 2016 addressed to Magistrate Judge James L. Cott from David Cohen dated June 21, 2016., LETTER MOTION for Extension of Time to File Response/Reply as to #42 Memorandum of Law in Support of Motion, #41 Rule 56.1 Statement, #39 MOTION for Summary Judgment ., #40 Affidavit in Support of Motion addressed to Magistrate Judge James L. Cott from David Cohen dated June 21, 2016. Document filed by Bykev International Inc., Kevin Kang, Che W. Song.(Cohen, David)
June 9, 2016 Filing 43 AFFIRMATION of Michael P. O'Connor, esq. in Support re: #39 MOTION for Summary Judgment .. Document filed by Western Surety Company. (Attachments: #1 Exhibit Ex A - Time Slips)(O'Connor, Michael)
June 9, 2016 Filing 42 MEMORANDUM OF LAW in Support re: #39 MOTION for Summary Judgment . . Document filed by Western Surety Company. (O'Connor, Michael)
June 9, 2016 Filing 41 RULE 56.1 STATEMENT. Document filed by Western Surety Company. (Attachments: #1 Exhibit Ex A - Bond, #2 Exhibit Ex B - Indem Agmt, #3 Exhibit Ex C - 11 demands by US Customs, #4 Exhibit Ex D - payment)(O'Connor, Michael)
June 9, 2016 Filing 40 AFFIDAVIT of CHRISTOPHER FLAGG in Support re: #39 MOTION for Summary Judgment .. Document filed by Western Surety Company. (O'Connor, Michael)
June 9, 2016 Filing 39 MOTION for Summary Judgment . Document filed by Western Surety Company. Return Date set for 7/15/2016 at 10:00 AM.(O'Connor, Michael)
May 15, 2016 Filing 38 ANSWER to #37 Amended Complaint,. Document filed by Bykev International Inc., Kevin Kang, Che W. Song.(Cohen, David)
April 20, 2016 Filing 37 AMENDED COMPLAINT amending #1 Complaint against Bykev International Inc., Kevin Kang, Che W. Song.Document filed by Western Surety Company. Related document: #1 Complaint filed by Western Surety Company. (Attachments: #1 Exhibit Ex - A - Indemnity Agreements, #2 Exhibit Ex - B - Bond, #3 Exhibit Ex - C - copy of check and US Customs Demand Letters)(O'Connor, Michael) Modified on 4/21/2016 (pc). Modified on 4/21/2016 (pc).
April 19, 2016 Opinion or Order Filing 36 ORDER: The Court held a case management conference at which the following dates were set: 1. Plaintiff will file an amended complaint no later than April 15, 2016. 2. Defendants will file an amended answer no later than April 29, 2016. 3. All discovery will be completed no later than April 29, 2016. 4. Plaintiff will move for summary judgment no later than June 10, 2016. 5. Defendants will file their response to plaintiff's summary judgment motion no later than July 1, 2016. 6. Plaintiff will file any reply to defendants' response no later than July 15, 2016. Amended Pleadings due by 4/15/2016. Motions due by 6/10/2016. Responses due by 7/1/2016 Replies due by 7/15/2016. Discovery due by 4/29/2016. (Signed by Magistrate Judge James L. Cott on 4/7/2016) (kgo)
April 19, 2016 Set/Reset Deadlines: Bykev International Inc. answer due 4/29/2015; Kevin Kang answer due 4/29/2015; Che W. Song answer due 4/29/2015. (kgo)
April 7, 2016 Filing 35 LETTER addressed to Magistrate Judge James L. Cott from Michael P. O'Connor, Esq. dated 040616 re: Civil Case Management Plan and Scheduling Order. Document filed by Western Surety Company.(O'Connor, Michael)
April 7, 2016 Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 4/7/2016. (Tam, David)
March 30, 2016 Opinion or Order Filing 34 ORDER FOR CONFERENCE PURSUANT TO RULE 16: The Court shall hold a case management conference in accordance with Fed. R. Civ. P. 16(a), on April 7, 2016 at 10:00 a.m. Because counsel is based outside of New York City, the Court will hold the conference by telephone. Counsel are directed to appear telephonically by calling chambers together at (212) 805-0250 at the scheduled time or otherwise providing a call-in number to the Court, and as further set forth in this order. Initial Conference set for 4/7/2016 at 10:00 AM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 3/30/2016) (tn)
February 22, 2016 Mediator Session Held on 02/18/2016 at Mediator's Office.(ms)
January 25, 2016 MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 2/18/2016 at 10:00 AM. Session to take place at the Office of the Mediator at 10 East 40th Street, 35th Floor, New York, NY 10016.(cda)
January 14, 2016 NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 2/16/2016.(cda)
January 12, 2016 Opinion or Order Filing 32 MEDIATION REFERRAL ORDER: The Court held a telephone conference today in which the Court suggested and the parties agreed that this case be referred immediately to the Court-annexed Mediation Program. Accordingly, it is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The mediation should be scheduled for a date that is mutually convenient for all parties and the mediator within the next 60 days. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. The parties are directed to update the Court by letter within five days following the conclusion of the mediation process in the event the case has not settled. If the parties have been unable to settle the case, the Court will schedule a status conference to chart the further course of the litigation, including any potential motion practice. Mediator to be Assigned by 1/22/2016. Mediator Expertise Request due by 1/19/2016. (Signed by Magistrate Judge James L. Cott on 1/12/2016) (kgo)
January 12, 2016 Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 1/12/2016. (Tam, David)
January 7, 2016 Opinion or Order Filing 31 ORDER FOR CONFERENCE PURSUANT TO RULE 16: Initial Case Management Conference scheduled for 1/12/2016 at 10 a.m. (Dkt. No. 30) is rescheduled and will now take place at 11:30 a.m. on the same date. Counsel are directed to appear telephonically by calling chambers together at (212) 805-0250 at the scheduled time or otherwise a call-in number to the Court. (Signed by Magistrate Judge James L. Cott on 1/7/2016) (tro) Modified on 1/8/2016 (tro).
December 9, 2015 Opinion or Order Filing 30 ORDER FOR CONFERENCE PURSUANT TO RULE 16: Because counsel is based outside of New York City, the Court will hold the conference by telephone. Counsel are directed to appear telephonically by calling chambers together at (212) 805-0250 at the scheduled time or otherwise providing a call-in number to the Court. Initial Conference set for 1/12/2016 at 10:00 AM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 12/9/2015) (kgo)
December 7, 2015 Filing 29 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge James L. Cott. (Signed by Judge Alison J. Nathan on 12/7/2015) (mro)
December 4, 2015 Filing 28 NOTICE of Notice, Consent and Reference of Civil Action to Magistrate Judge re: #27 Order,,,. Document filed by Bykev International Inc.. (Cohen, David)
December 2, 2015 Opinion or Order Filing 27 ORDER. On November 12, 2015, the parties submitted a Joint Letter and a proposed Case Management Plan (CMP) in advance of an Initial Pretrial Conference in this matter. See Dkt. No. 24. In the CMP, the parties indicated that they consent to conducting all further proceedings before a Magistrate Judge, including motions and trial pursuant to 28 U.S.C. 636(c). Accordingly, attached to this order is a Notice, Consent, and Reference of a Civil Action to a Magistrate Judge. If the parties still wish to conduct all proceeding before a Magistrate Judge, they are ORDERED to complete the attached form, and file it on ECF, no later than December 7, 2015. The Initial Pretrial Conference scheduled for December 4, 2015, is hereby adjourned sine die. The following deadline(s) was terminated: Initial Conference. (Signed by Judge Alison J. Nathan on 12/2/2015) (rjm).
November 17, 2015 Opinion or Order Filing 26 MEMO ENDORSEMENT on re: #25 AFFIRMATION OF ACTUAL ENGAGEMENT of Michael P. O'Connor, Esq. re: #21 Order for Initial Pretrial Conference. AFFIRMATION OF ACTUAL ENGAGEMENT. Document filed by Western Surety Company. ENDORSEMENT: The initial pretrial conference originally scheduled for November 20, 2015 is hereby adjourned to Friday, December 4, 2015, at 10:00 a.m. As indicated in Rule 2.B. of the Court's Individual Practices in Civil Cases, it is the Court's policy to schedule such conferences on Fridays. So ordered. (Initial Conference set for 12/4/2015 at 10:00 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 11/17/2015) (rjm)
November 16, 2015 Filing 25 AFFIRMATION of Michael P. O'Connor, Esq. re: #21 Order for Initial Pretrial Conference,,, AFFIRMATION OF ACTUAL ENGAGEMENT. Document filed by Western Surety Company. (O'Connor, Michael)
November 12, 2015 Filing 24 LETTER addressed to Judge Alison J. Nathan from Michael P. O'Connor, Esq. dated November 5, 2015 re: BRIEF STATEMENT LETTER - Proposed Civil Case Management Plan. Document filed by Western Surety Company. (Attachments: #1 Proposed Civil Case Management Plan & Scheduling Order)(O'Connor, Michael)
November 10, 2015 Filing 23 AMENDED ANSWER to #1 Complaint. Document filed by Bykev International Inc.. (Cohen, David)
November 3, 2015 Filing 22 ANSWER to Complaint. Document filed by Bykev International Inc.. (Attachments: #1 Rule 7.1 statement)(Cohen, David)
October 2, 2015 Opinion or Order Filing 21 NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, November 20, 2015at 11:45 am in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York, and as further set forth in this Order. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (Initial Conference set for 11/20/2015 at 11:45 AM in Courtroom 906, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan). (Signed by Judge Alison J. Nathan on 10/1/2015) (rjm)
September 30, 2015 Filing 20 AFFIDAVIT OF SERVICE of Summons & Complaint served on Bykev International Inc. through The Secretary of State on September 18, 2015. Service was made by MAIL. Document filed by Western Surety Company. (O'Connor, Michael)
September 29, 2015 Filing 19 AFFIDAVIT OF SERVICE of Summons & Verified Complaint served on Bykev International on September 14, 2015. Service was accepted by Grace Kange. Document filed by Western Surety Company. (Attachments: #1 Affidavit AOS - Kevin Kang, #2 Affidavit AOS - Che W. Song)(O'Connor, Michael)
September 1, 2015 Opinion or Order Filing 18 MEMORANDUM AND ORDER. Defendants' motion to dismiss the complaint for insufficient service of process is DENIED. Nonetheless, Plaintiff must, within thirty (30) days from the date of this Memorandum & Order, remedy its failure to properly serve the Defendants. Once Plaintiff has successfully served Defendants, the Court will at that time set an Initial Pretrial Conference in order to set a schedule for the case. This resolves Dkt. No. 9. Denying #9 Motion to Dismiss for Lack of Jurisdiction. (Signed by Judge Alison J. Nathan on 9/1/2015) (rjm).
February 7, 2015 Filing 17 REPLY AFFIDAVIT of Jae Chung (incorrect copy previously filed) in Support re: #6 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b)(5)., #9 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b)(5).. Document filed by Bykev International Inc.. (Cohen, David)
February 6, 2015 Filing 16 REPLY AFFIRMATION of David Cohen in Opposition re: #6 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b)(5)., #9 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b)(5).. Document filed by Bykev International Inc.. (Attachments: #1 Affidavit Affidavit of Jae Chung)(Cohen, David)
February 3, 2015 Filing 15 AFFIRMATION of Michael P. O'Connor in Opposition re: #9 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b)(5).. Document filed by Western Surety Company. (Attachments: #1 Exhibit EXHIBIT A - Proofs of Service, #2 Exhibit EXHIBIT B - D&B Report Verification of Address, #3 Exhibit EXHIBIT C - Affidavit of Process Server - Brad L. Proulx)(O'Connor, Michael)
February 3, 2015 Filing 14 LETTER addressed to Judge Alison J. Nathan from Michael P. O'Connor, Esq. dated February 3, 2015 re: Reply to the Hon. Judge Nathan's Order dated 2/2/15 re Rule 3.F Court's Individual Practices. Document filed by Western Surety Company.(O'Connor, Michael)
February 2, 2015 Opinion or Order Filing 13 ORDER: On January 23, Defendant Bykev International Inc. filed a motion to dismiss. Pursuant to Rule 3.F. of this Court's Individual Practices in Civil Cases, on or before February 3, 2015, Plaintiff must notify the Court and his adversary in writing whether (1) he intends to file an amended pleading and when he will do so or (2) he will rely on the pleading being attacked. If Plaintiff elects not to amend his complaint, no further opportunities to amend will be granted and the motion to dismiss will proceed in the regular course. If Plaintiff chooses to amend, Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it relies on the initially-filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. The initial pretrial conference scheduled for March 20, 2015 is adjourned pending resolution of this motion. (Signed by Judge Alison J. Nathan on 2/2/2015) (kgo)
January 28, 2015 Filing 12 AFFIDAVIT OF SERVICE of Judge Nathan's Order (doc 3) and Individual Court Rules served on David Cohen, Esq. on January 28, 2015. Service was made by MAIL/EMAIL. Document filed by Western Surety Company. (O'Connor, Michael)
January 23, 2015 Filing 11 MEMORANDUM OF LAW in Support re: #9 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b)(5). . Document filed by Bykev International Inc.. (Cohen, David)
January 23, 2015 Filing 10 AFFIRMATION of David Cohen in Support re: #9 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b)(5).. Document filed by Bykev International Inc.. (Cohen, David)
January 23, 2015 Filing 9 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b)(5). Document filed by Bykev International Inc.. Responses due by 2/5/2015(Cohen, David)
January 23, 2015 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney David Cohen to RE-FILE Document #8 Affirmation in Support of Motion. ERROR(S): Document linked to filing error. (ldi)
January 23, 2015 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney David Cohen to RE-FILE Document #6 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b)(5). ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
January 22, 2015 Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of David Cohen in Support re: #6 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b)(5). Document filed by Bykev International Inc. (Cohen, David) Modified on 1/23/2015 (ldi).
January 22, 2015 Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bykev International Inc..(Cohen, David)
January 22, 2015 Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss for Lack of Jurisdiction Rule 12(b)(5). Document filed by Bykev International Inc., Kevin Kang, Che W. Song. Responses due by 2/5/2015 (Attachments: #1 MotionMemo with exhibits)(Cohen, David) Modified on 1/23/2015 (ldi).
January 16, 2015 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Michael P. O'Connor for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint to: caseopenings@nysd.uscourts.gov. (moh)
January 16, 2015 ***NOTICE TO ATTORNEY TO SUBMIT PDF OF CIVIL COVER SHEET. Notice to Attorney Michael P. O'Connor, to submit PDF of the Civil Cover Sheet. Email a copy of Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (moh)
January 14, 2015 Filing 5 AFFIDAVIT OF SERVICE. All Defendants. Service was accepted by Mr. Jay Chung. Service was made by Mail. Document filed by Western Surety Company. (Attachments: #1 Affidavit Kevin Kang, #2 Affidavit Che W. Song)(O'Connor, Michael)
January 14, 2015 Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #5 Affidavit) - AFFIDAVIT OF SERVICE. All Defendants. Service was accepted by Jay Chung. Service was made by Mail. Document filed by Western Surety Company. (Attachments: #1 Affidavit AOS - Che W. Song, #2 Affidavit AOS - Kevin Kang)(O'Connor, Michael) Modified on 1/22/2015 (db).
December 17, 2014 Opinion or Order Filing 3 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/20/2015 at 10:00 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan as further set forth in this order. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (Signed by Judge Alison J. Nathan on 12/17/2014) (lmb)
December 8, 2014 Filing 2 CIVIL COVER SHEET filed. (laq) (mps).
December 8, 2014 Filing 1 COMPLAINT against Bykev International Inc., Kevin Kang, Che W. Song. (Filing Fee $ 350.00, Receipt Number 111741)Document filed by Western Surety Company.(laq) (mps).
December 8, 2014 SUMMONS ISSUED as to Bykev International Inc., Kevin Kang, Che W. Song. (laq)
December 8, 2014 Case Designated ECF. (laq)
December 8, 2014 Magistrate Judge James L. Cott is so designated. (laq)

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Search for this case: Western Surety Company v. Bykev International Inc. et al
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Plaintiff: Western Surety Company
Represented By: Michael P. O'Connor
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Defendant: Bykev International Inc.
Represented By: David Cohen
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Defendant: Kevin Kang
Represented By: David Cohen
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Defendant: Che W. Song
Represented By: David Cohen
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