Koralewski v. Blackstone Labs, LLC et al
| Maciej Koralewski |
| Blackstone Labs, LLC, Philip Braun and Richard Newton |
| 9:2023cv80759 |
| May 10, 2023 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on July 5, 2023. A more recent docket listing may be available from PACER.
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Filing 34
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 7/27/2023 at 1:00 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 7/5/2023. (no00)
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| Filing 33 STATUS REPORT by Blackstone Labs, LLC, Philip Braun, Richard Newton (Catanzaro, Zachary) |
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Filing 32
ORDER REFERRING CASE to Magistrate Judge William Matthewman for Scheduling Conference., ( Calendar Call set for 1/24/2024 01:15 PM before Judge Donald M. Middlebrooks., Jury Trial set for 1/29/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 6/20/2023. See attached document for full details. (cqs)
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| Filing 31 Second Corporate Disclosure Statement by Blackstone Labs, LLC, Philip Braun, Richard Newton (Catanzaro, Zachary) |
| Filing 30 Clerk's Notice to Filer re #26 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. Jared Wheat. (cds) |
| Filing 29 Clerk's Notice to Filer re #27 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, See DE#28. It is not necessary to refile this document. (cds) |
| Filing 28 AMENDED NOTICE OF REMOVAL against Maciej Koralewski, filed by Richard Newton, Philip Braun, Blackstone Labs, LLC. (For Image See DE#27 ) (cds) |
| Filing 27 NOTICE by Blackstone Labs, LLC, Philip Braun, Richard Newton re 24 Order,,,,, Set/Reset Deadlines,,,, Amended Notice of Removal (Attachments: #1 Exhibit, #2 Exhibit) (Catanzaro, Zachary) |
| Filing 26 Corporate Disclosure Statement by Blackstone Labs, LLC, Philip Braun, Richard Newton (Catanzaro, Zachary) |
| Filing 25 NOTICE of Attorney Appearance by Zachary Leo Catanzaro on behalf of Blackstone Labs, LLC, Philip Braun, Richard Newton. Attorney Zachary Leo Catanzaro added to party Blackstone Labs, LLC(pty:dft), Attorney Zachary Leo Catanzaro added to party Philip Braun(pty:dft), Attorney Zachary Leo Catanzaro added to party Richard Newton(pty:dft). (Catanzaro, Zachary) |
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Filing 24
PAPERLESS ORDER. Defendants removed this action based on diversity, but fail to properly establish the citizenship of all parties. Defendants equate the individual Defendants' residence with citizenship. See McCormick v. Aderholt, 293 F.3d 1254, 1257-58 (11th Cir. 2002) (defining domicile as the place of [a persons] true, fixed, and permanent home and principal establishment, and to which he has the intention of returning whenever he is absent therefrom). In addition, Defendants fail to identify the members of Blackstone Labs, LLC. See Underwriters at Lloyd's, London v. Osting-Schwinn, 613 F.3d 1079 (11th Cir. 2010) (reversing judgment because party did not disclose the identity, let alone the citizenship, of the Names involved in the case....); see also Purchasing Power, LLC v. Bluestem Brands, Inc., 851 F.3d 1218, 122021 (11th Cir. 2017). Defendants are directed to cure these deficiencies by filing an Amended Notice of Removal on or before May 18, 2023. Signed by Judge Donald M. Middlebrooks on 5/11/2023. (orz)
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| Filing 23 Clerk's Notice of Docket Correction re #22 Bar Letter. Document Restricted Due to Error. The correct document has been attached to this notice. (bb) |
| Filing 22 Bar Letter re: Admissions sent to attorney Paul Thomas Sabaj, Donald A. Pitofsky, Jack Wenik, Zachary Taylor and Jessica Leach, mailing date May 10, 2023. (cw) Document restricted and corrected document filed, see DE #23 . Modified text on 5/10/2023 (bb). |
| Filing 21 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) |
| Filing 20 Case transferred in from New York Eastern; Case Number 1:22-cv-04751. Electronic file including transfer order and docket sheet received. .(bb). |
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ORDER re #19 Stipulation filed by Maciej Koralewski -- The parties indicate that, for the convenience of parties and witnesses, they consent to transfer venue to the U.S. District Court for the Southern District of Florida, where each of the Defendants are located. I find it in the interest of justice to transfer the case to that district, pursuant to 28 U.S.C. 1404(a), because the amended complaint does not suggest that any events at issue in this case occurred in the Eastern District of New York. Accordingly, the Clerk of Court is respectfully directed to transfer this case to the U.S. District Court for the Southern District of Florida. Local Rule 83.1 is waived based on the consent of the Plaintiffs to transfer venue to the Southern District of Florida. Ordered by Judge Eric R. Komitee on 5/9/2023. Case transferred to District of Florida, Southern. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (AG)
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Filing 19
STIPULATION AND ORDER TO TRANSFER VENUE by Maciej Koralewski (Pitofsky, Donald)
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| Filing 18 Minute Entry for proceedings held before Judge Eric R. Komitee: Telephone Pre Motion Conference held on 5/2/2023. Case called. Discussion held. As discussed, the parties shall submit a stipulation regarding transfer of venue by the close of business on May 4. (Recorded on AT&T Teleconference Bridge.) (AG) |
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ORDER: Defendants have moved for a stay of discovery pending decision on their anticipated motion to dismiss. (Mot. to Stay Discovery dated Apr. 4, 2023, Dkt. 22-CV-4748, Dkt. No. 18). "Under Fed. R. Civ. P. 26(c), a district court may stay discovery during the pendency of a dispositive motion for 'good cause' shown." Hearn v. United States, No. 17-CV-3703, 2018 WL 1796549, at *2 (E.D.N.Y. Apr. 16, 2018). "[D]istrict courts have considered the following factors in determining whether a stay of discovery is appropriate pending the outcome of a dispositive motion: (1) whether the defendant has made a strong showing that the plaintiff's claim is unmeritorious; (2) the breadth of discovery and the burden of responding to it; and (3) the risk of unfair prejudice to the party opposing the stay." Long Island Hous. Servs., Inc. v. Nassau Cnty. Indus. Dev. Agency, No. 14-CV-3307, 2015 WL 7756122, at *2 (E.D.N.Y. Dec. 1, 2015) (quotations omitted). The Court concludes that a stay is appropriate. The anticipated motion has demonstrable merit, and there is no indication that either discovery is appropriate pending resolution of the motion or that Plaintiff Koralewski will be prejudiced during the stay. Discovery has not yet begun, and the Court has not issued a Rule 16 scheduling order setting discovery deadlines. In addition, Plaintiff has consented to a stay of discovery. (See Stipulation dated Apr. 14, 2023, Dkt. 22-CV-4748, Dkt. No. 19). The motion to stay is granted. Should the case not be dismissed with prejudice in its entirety, the parties must file a joint Rule 26(f) discovery plan within 10 days of the Court's decision on the anticipated motion to dismiss. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/21/2023. (IS)
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ORDER granting #16 Motion for Pre Motion Conference -- A telephone pre-motion conference will be held on May 2, 2023, at 2:30 p.m. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the conference and use access code 564-7824. Ordered by Judge Eric R. Komitee on 4/12/2023. (AG)
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MINUTE ENTRY AND ORDER: A status conference was held on 3/21/2023 before Magistrate Judge Sanket J. Bulsara. Counsel for Plaintiffs (Donald A. Pitofsky) and counsel for Defendants (Zachary Taylor) were present. As stated on the record, Defendants shall file any motion to stay discovery by 4/4/2023. Plaintiffs may file any opposition by 4/18/2023. The motion papers should address arguments in both 22-cv-4748 and 22-cv-4751, but the filing should only be made on the docket in 22-cv-4748. The parties are directed to file a joint proposed schedule for discovery by 4/18/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/21/2023. (FTR Log: 10:34 - 10:49) (MD)
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| NOTICE: Please note the in person status conference scheduled for 3/21/2023 at 10:30 A.M. will now take place in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. (EM) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Eric R. Komitee for all further proceedings. Judge Diane Gujarati no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 3/7/2023. (SR)
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| Filing 17 RESPONSE to Motion re #16 Letter MOTION for pre motion conference re #15 Amended Complaint filed by Maciej Koralewski. (Pitofsky, Donald) |
| Filing 16 Letter MOTION for pre motion conference re #15 Amended Complaint by Blackstone Labs, LLC, Philip Braun, Richard Newton. (Wenik, Jack) |
| Filing 15 AMENDED COMPLAINT against All Defendants, filed by Maciej Koralewski. (Pitofsky, Donald) |
| Set/Reset Hearings: Status Conference set for 3/21/2023 10:30 AM in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. (EM) |
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ORDER: The Motion for Extension of Time to Amend #14 is hereby granted. The deadline for Plaintiff to file an amended complaint is extended to 1/27/2023. Defendants shall file their answer or pre-motion request by 2/28/2023. The status conference scheduled for 12/13/2022 is adjourned to 3/21/2023 at 10:30 A.M. in Courtroom 324 North before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/26/2022. (MD)
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| Filing 14 Letter MOTION for Extension of Time to Amend Complaint by Maciej Koralewski. (Pitofsky, Donald) |
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Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: A telephonic-initial conference was held on 9/13/2022. Plaintiff's counsel (Donald A. Pitofsky) and Defendants counsel (Jack Wenik, Jessica Leach, and Zachary Taylor) were present. As discussed on the record Plaintiff shall file an amended complaint on or before 10/28/2022; defendants shall file their answer or pre-motion request by 11/28/2022. The pre-motion conference request DKT No. #6 is denied as moot. An in person status conference to discuss a discovery schedule will take place on 12/13/2022 at 11:30 A.M. in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/13/2022. (AT&T Log #2:00-2:45.) (Manson, Eddie)
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| Filing 13 REPORT of Rule 26(f) Planning Meeting (Taylor, Zachary) |
| Filing 12 RESPONSE to Motion re #6 Letter MOTION for pre motion conference in anticipation of moving to dismiss the Complaint filed by Maciej Koralewski. (Pitofsky, Donald) |
| Filing 11 NOTICE of Appearance by Donald A. Pitofsky on behalf of Maciej Koralewski (aty to be noticed) (Pitofsky, Donald) |
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ORDER re: #6 Letter MOTION for pre motion conference -- Plaintiff is directed to respond to Defendants' #6 Letter MOTION for pre motion conference, as required by this Court's Individual Practice Rule III.A. Such response shall be due by September 6, 2022. Ordered by Judge Diane Gujarati on 8/30/2022. (Harris-Dyer, Sophia)
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ORDER: The Motion for Leave to Appear Pro Hac Vice #10 by attorney Jessica Leach is hereby granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/26/2022. (Dikkers, Maxwell)
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ORDER: The Motion for Leave to Appear Pro Hac Vice #8 by attorney Zachary S. Taylor is hereby granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/26/2022. (Dikkers, Maxwell)
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| Filing 10 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15880965. by Blackstone Labs, LLC, Philip Braun, Richard Newton. (Attachments: #1 Affidavit in Support, #2 Exhibit Certificate of Good Standing) (Leach, Jessica) |
| Filing 9 AFFIDAVIT/DECLARATION in Support re #8 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15878886. filed by Blackstone Labs, LLC, Philip Braun, Richard Newton. (Attachments: #1 NJ Certificate of Good Standing) (Taylor, Zachary) |
| Filing 8 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15878886. by Blackstone Labs, LLC, Philip Braun, Richard Newton. (Taylor, Zachary) |
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Filing 7
SCHEDULING ORDER: A telephonic initial conference will be held at 2:00 P.M. on 9/13/2022 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 9/09/2022. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/24/2022. (Manson, Eddie)
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| Filing 6 Letter MOTION for pre motion conference in anticipation of moving to dismiss the Complaint by Blackstone Labs, LLC, Philip Braun, Richard Newton. (Wenik, Jack) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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. 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. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 3 Civil Cover Sheet.. Re Notice: Re: Incomplete Civil Cover Sheet by Blackstone Labs, LLC (Wenik, Jack) |
| Filing 2 Corporate Disclosure Statement by Blackstone Labs, LLC identifying Corporate Parent none for Blackstone Labs, LLC. (Wenik, Jack) |
| Filing 1 NOTICE OF REMOVAL by Blackstone Labs, LLC ( Filing fee $ 402 receipt number ANYEDC-15838220) (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A - Summons and Complaint, #3 Exhibit Exhibit B - Notice of Filing Notice of Removal) (Wenik, Jack) |
| Notice: Re: Incomplete Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
| Case Assigned to Judge Diane Gujarati and Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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