Rodenstock GmbH v. New York Optical International, Inc.
| Rodenstock GmbH |
| New York Optical International, Inc. |
| 0:2018cv62054 |
| August 29, 2018 |
| US District Court for the Southern District of Florida |
| William P Dimitrouleas |
| Lurana S Snow |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0001 |
| None |
Docket Report
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| Filing 36 Acknowledgment of Receipt of 18-14369-AA from USCA re #34 Notice of Interlocutory Appeal, filed by New York Optical International, Inc. Date received by USCA: 10/15/2018. USCA Case Number: 18-14369-AA. (apz) Text Modified on 10/19/2018 (apz). |
| Filing 35 TRANSCRIPT INFORMATION FORM by New York Optical International, Inc. re #34 Notice of Interlocutory Appeal,,. No Transcript Requested. (Leto, Matthew) |
| Transmission of Notice of Appeal, Orders under appeal and Docket Sheet to US Court of Appeals re #34 Notice of Interlocutory Appeal, Notice has been electronically mailed. (apz) |
| Filing 34 Notice of Interlocutory Appeal as to #25 Order on Motion for Preliminary Injunction, Order on Motion for Hearing, Order on Motion to Expedite, #33 Order on Motion for Reconsideration by New York Optical International, Inc.. Filing fee $ 505.00 receipt number 113C-11069664. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Leto, Matthew) |
Filing 33
ORDER denying #26 Motion for Reconsideration. Signed by Judge William P. Dimitrouleas on 9/21/2018. See attached document for full details. (mc)
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| Filing 32 Clerks Receipt for deposit into the registry (bond) per order of the court (DE#25) received on 9/21/2018 in the amount of $ 1,400,000.0, receipt number FLS100173045 by Chaffetz Lindsey LLP. (vt) |
| Filing 31 REPLY to Response to Motion re #26 MOTION for Reconsideration re #25 Order on Motion for Preliminary Injunction, Order on Motion for Hearing, Order on Motion to Expedite filed by New York Optical International, Inc.. (Leto, Matthew) |
| Filing 30 NOTICE by Rodenstock GmbH re #29 Order on Motion for Extension of Time, of Plaintiff Rodenstock GmbH that the Preliminary Injunction Bond Has Been Posted with the U.S. Treasury (Attachments: #1 Exhibit A - Wire Transfer) (Munn, Janet) |
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Filing 29
ORDER granting #28 Unopposed Motion of Plaintiff Rodenstock GmbH for a two-day extension time to post the preliminary injunction bond. Signed by Judge William P. Dimitrouleas on 9/18/2018. See attached document for full details. (mc)
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| Filing 28 Unopposed MOTION for Extension of Time to Post the Preliminary Injunction Bond by Rodenstock GmbH. Responses due by 10/2/2018 (Attachments: #1 Exhibit A)(Munn, Janet) |
| Filing 27 RESPONSE in Opposition re #26 MOTION for Reconsideration re #25 Order on Motion for Preliminary Injunction, Order on Motion for Hearing, Order on Motion to Expedite filed by Rodenstock GmbH. Replies due by 9/24/2018. (Attachments: #1 Exhibit A - Proposed Order)(Munn, Janet) |
| Filing 26 MOTION for Reconsideration re #25 Order on Motion for Preliminary Injunction, Order on Motion for Hearing, Order on Motion to Expedite by New York Optical International, Inc.. (Attachments: #1 Exhibit A - Rodenstock's Arbitration Complaint)(Leto, Matthew) |
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Filing 25
ORDER granting #11 Motion for Preliminary Injunction; Closing Case. Signed by Judge William P. Dimitrouleas on 9/14/2018. See attached document for full details. (ls)
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| Filing 24 NOTICE by New York Optical International, Inc. re #23 Notice of Compliance and Opposition to Rodenstock's Argument Regarding Injunction Bond Valuation (Leto, Matthew) |
| Civil Case Terminated. Closing Case. (ls) |
| Filing 23 NOTICE of Compliance by Rodenstock GmbH re 21 Motion Hearing,, (Munn, Janet) |
| Filing 22 TRANSCRIPT of Preliminary Injunction Hearing held on 9-12-18 before Judge William P. Dimitrouleas, Volume Number 1 of 1, 1-25 pages, Court Reporter: Francine Salopek, 954-769-5657 / Francine_Salopek@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter Francine Salopek before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter Francine Salopek or PACER. Redaction Request due 10/4/2018. Redacted Transcript Deadline set for 10/15/2018. Release of Transcript Restriction set for 12/12/2018. (fs) |
| Filing 21 PAPERLESS Minute Entry for proceedings held before Judge William P. Dimitrouleas: Motion Hearing held on 9/12/2018 re #11 MOTION for Preliminary Injunction in Aid of Arbitration filed by Rodenstock GmbH.The Court will defer ruling on the Motion until Friday, September 14, 2018 to allow the parties time to settle this matter. Total time in court: 30 minutes. Attorney Appearance(s): Matthew Leto, Theodore R. DeBonis, Andreas A. Frischknecht, Janet T. Munn, Court Reporter: Francine Salopek, 954-769-5657 / Francine_Salopek@flsd.uscourts.gov. (mkz) |
| Filing 20 RESPONSE in Opposition re #11 MOTION for Preliminary Injunction in Aid of Arbitration MOTION for Hearing Request for Inclusion of Motion at Upcoming Hearing MOTION to Expedite Response and Reply to Motion for Preliminary Injunction filed by New York Optical International, Inc.. Replies due by 9/17/2018. (Attachments: #1 Exhibit "1" - Declaration of Wayne Goldman, #2 Exhibit "2" - Declaration of Alexander Duve, #3 Exhibit "3" - Declaration of David Amar)(Leto, Matthew) |
| Filing 19 ANSWER and Affirmative Defenses to Complaint by New York Optical International, Inc.. (Leto, Matthew) |
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Filing 18
ORDER granting #15 & #16 Motions to Appear Pro Hac Vice. Signed by Judge William P. Dimitrouleas on 9/6/2018. See attached document for full details. (kpe)
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| Filing 17 NOTICE by Rodenstock GmbH re #8 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andreas A. Frischknecht. Filing Fee $ 75.00 Receipt # 113C-10962750, #9 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Theodore R. Debonis. Filing Fee $ 75.00 Receipt # 113C-10962908, #7 Notice of Compliance of Correction to Certificates of Service on D.E. # 7,8, and 9 (Munn, Janet) |
| Filing 16 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andreas A. Frischknecht. Filing Fee $ 75.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #8 Motion to Appear Pro Hac Vice, by Rodenstock GmbH. Responses due by 9/19/2018 (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B - Proposed Order)(Munn, Janet) |
| Filing 15 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Theodore Debonis. Filing Fee $ 75.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #9 Motion to Appear Pro Hac Vice, by Rodenstock GmbH. Responses due by 9/19/2018 (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Proposed Order)(Munn, Janet) |
| Attorney Theodore R. DeBonis representing Rodenstock GmbH (Plaintiff) and Andreas A. Frischknecht representing Rodenstock GmbH (Plaintiff) Activated. (pt) |
| Filing 14 NOTICE of Compliance with the Court's Order of September 4, 2018 by Rodenstock GmbH re #13 Order Setting Hearing on Motion,, Set/Reset Motion/R&R Deadlines and Hearings, (Munn, Janet) |
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Filing 13
ORDER SETTING BRIEFING SCHEDULE AND HEARING ON COMPLAINT FOR #11 PRELIMINARY INJUNCTIVE RELIEF IN AID OF ARBITRATION. ( Responses due by 9/10/2018) Motion Hearing set for 9/12/2018 02:00 PM in Fort Lauderdale Division before Judge William P. Dimitrouleas. Signed by Judge William P. Dimitrouleas on 9/4/2018. See attached document for full details. (kpe)
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Filing 12
ORDER DENYING MOTIONS WITHOUT PREJUDICE. ORDER denying #8 & #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Theodore of Attorney Theodore R. DeBonis and Andreas A. Frischknecht. Notice of Termination delivered by US Mail to Theodore DeBonis, Andreas Frischknecht. Signed by Judge William P. Dimitrouleas on 9/4/2018. See attached document for full details. (kpe)
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| Filing 11 MOTION for Preliminary Injunction in Aid of Arbitration, MOTION for Hearing Request for Inclusion of Motion at Upcoming Hearing, MOTION to Expedite Response and Reply to Motion for Preliminary Injunction by Rodenstock GmbH. (Attachments: #1 Exhibit A - Declaration of Sibylle Schumacher, #2 Exhibit B - Declaration of Chris Juergens, #3 Exhibit C - Declaration of Andreas Frischknecht, #4 Exhibit C1 - Exhibit to Declaration of Andreas Frischknecht, #5 Exhibit C2 - Exhibit to Declaration of Andreas Frischknecht, #6 Exhibit C3 - Exhibit to Declaration of Andreas Frischknecth, #7 Exhibit C4 - Exhibit to Declaration of Andreas Frischknecht, #8 Exhibit D - Proposed Order)(Munn, Janet) |
| Filing 10 NOTICE of Attorney Appearance by Matthew Leto on behalf of New York Optical International, Inc.. Attorney Matthew Leto added to party New York Optical International, Inc.(pty:dft). (Leto, Matthew) |
| Filing 9 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Theodore R. Debonis. Filing Fee $ 75.00 Receipt # 113C-10962908 by Rodenstock GmbH. Responses due by 9/18/2018 (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Proposed Order)(Munn, Janet) |
| Filing 8 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andreas A. Frischknecht. Filing Fee $ 75.00 Receipt # 113C-10962750 by Rodenstock GmbH. Responses due by 9/18/2018 (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Proposed Order)(Munn, Janet) |
| Filing 7 NOTICE of Compliance with the Court's Order of August 31, 2018 by Rodenstock GmbH re #6 Order,, Set Answer Due Deadline,, Set/Reset Hearings, (Munn, Janet) |
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Filing 6
ORDER Setting Briefing Schedule and Hearing on Complaint for Preliminary Injunctive Relief in Aid of Arbitration, New York Optical International, Inc. response due 9/10/2018., ( Preliminary Injunctive Hearing set for 9/12/2018 02:00 PM in Fort Lauderdale Division before Judge William P. Dimitrouleas.) Signed by Judge William P. Dimitrouleas on 8/31/2018. See attached document for full details. (ls)
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| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Rodenstock GmbH. New York Optical International, Inc. served on 8/30/2018, answer due 9/20/2018. (Munn, Janet) |
| Filing 4 Clerks Notice to Filer re: Electronic Case. Venue on the Civil Cover Sheet does not match the initiating document. The Clerks Office confirmed Broward (Office Ft Lauderdale) as the county with the filer. It is not necessary to re-file this document. (mc) |
| Filing 3 Summons Issued as to New York Optical International, Inc. (mc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (mc) |
| Filing 1 COMPLAINT For Preliminary Injunctive Relief in Aid of Arbitration against New York Optical International, Inc. Filing fees $ 400.00 receipt number 113C-10953494, filed by Rodenstock GmbH. (Attachments: #1 Exhibit A - Redacted Distribution Agreement, #2 Civil Cover Sheet, #3 Summon(s))(Munn, Janet) |
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| Defendant: New York Optical International, Inc. | |
| Represented By: | Matthew Leto |
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| Plaintiff: Rodenstock GmbH | |
| Represented By: | Janet T. Munn |
| Represented By: | Andreas A. Frischknecht |
| Represented By: | Theodore R. DeBonis |
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