Prothoma USA, Inc. v. Federal Express Corporation
| Prothoma USA, Inc. aka Prothom Alo North America, Prothoma USA, Inc. and Prothom Alo North America |
| Federal Express Corporation |
| William Baker |
| 1:2019cv05636 |
| October 4, 2019 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Ann M Donnelly |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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SCHEDULING ORDER: The initial conference scheduled for 7/24/2020 at 11:00 AM before Magistrate Judge Sanket J. Bulsara is hereby adjourned sine die. The Courts adopts the parties proposed Phase One (1) discovery schedule. An in-person settlement conference will be held on 11/24/2020 at 2:00 PM before Magistrate Judge Bulsara in Courtroom 324N. All parties must be present. Parties are to submit their respective ex parte settlement positions via Chamber's email no later than three days before 11/24/2020. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Court's website. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/24/2020. (Manson, Eddie)
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ORDER REFERRING CASE to Mediation: This case is referred to the EDNY Mediation Panel. For assistance with any questions about the mediation process or the selection of a mediator, counsel are invited to contact EDNY ADR Administrator Robyn Weinstein at (718) 613-2578. The mediation shall be completed by 9/30/2020. Selection of Mediator due by 8/7/2020. So Ordered by Magistrate Judge Sanke J. Bulsara on 7/24/2020. (Manson, Eddie)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
| Filing 18 Proposed Scheduling Order (Discovery Plan Worksheet) by Federal Express Corporation (McLaren, Michael) |
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ORDER: The motion to adjourn the arbitration hearing #17 is granted. The arbitration hearing shall be adjourned to 11/16/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/19/2020. (Ferrara, Anthony)
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| Filing 17 Consent MOTION to Continue by Federal Express Corporation. (Attachments: #1 Proposed Order) (McLaren, Michael) |
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ORDER: The initial conference scheduled for 7/24/2020 at 11:00 AM before Magistrate Judge Sanket J. Bulsara will be held via telephone. 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 11:00 AM. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/13/2020. (Manson, Eddie)
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| Filing 16 STATUS REPORT by Federal Express Corporation (Credle, Rita) (Additional attachment(s) added on 6/19/2020: #1 Staus Update) (Credle, Rita). |
| Filing 15 Request for Status ReportStatus Report due by 6/19/2020. (Credle, Rita) |
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RE-SCHEDULING ORDER: In light of the adjournment of the arbitration hearing #14 , the in-person initial conference set for 4/17/2020 is adjourned to 7/24/2020 at 11:00 AM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. All counsel must attend. Counsel are directed to complete the Discovery Plan Worksheet #8 and electronically file the same with the Court no later than two days before 7/24/2020. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/17/2020. (Ferrara, Anthony)
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| Filing 14 NOTICE of Hearing: Arbitration Hearing RESCHEDULED AND RESET for 7/21/2020 10:00 AM at U.S. District Court EDNY - 225 Cadman Plaza East - [Rm S302] (Credle, Rita) |
| Filing 13 SELECTION OF ARBITRATOR William Baker selected as Arbitrator. Arbitration Hearing set for 4/14/2020 10:00 AM U. S. District Court Eastern District of New York, 225 Cadman Plaza East, [Room 302S] Brooklyn, New York 11201 (Credle, Rita) |
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ORDER: The motion to adjourn the arbitration hearing #12 is granted. The arbitration hearing set for 3/17/2020 shall be adjourn to 4/14/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/21/2020. (Ferrara, Anthony)
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| Filing 12 MOTION to Continue by Federal Express Corporation. (Attachments: #1 Proposed Order) (McLaren, Michael) |
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RE-SCHEDULING ORDER: In light of the scheduled Arbitration hearing the in person initial conference scheduled for 1/24/2020 is hereby adjourned to 4/17/2020 at 10:30 AM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet #8 and electronically file same with the Court no later than two days before 4/17/2020. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/12/2019. (Manson, Eddie)
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| Filing 11 NOTICE Designating Case To Arbitration. Arbitration Hearing set for 3/17/2020 10:00 AMThis case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7(d)Counsel may not elect to arbitrate the case in lieu of arbitration without an order from the court. Counsel will select the Arbitrator to hear the case on or before January 17, 2020 from the Courts Panel of Arbitrators which can be found at: https://www.nyed.uscourts.gov/adr. Counsel will submit the fully executed Stipulation for Selection of Arbitrator by email to the Arbitration Coordinator: Rita Credle at: rita_credle@nyed.uscourts.gov.Counsel are instructed not to enter the name of the arbitrator on the docket (Credle, Rita) |
| CASE REFERRED to Arbitration. (Credle, Rita) |
| Filing 10 APPLICATION #9 Motion for Refund of Fees Paid Electronically APPROVED by August Marziliano, Operations Manager on 10/23/2019. (Marziliano, August) |
| Filing 9 MOTION for Refund of Fees Paid Electronically by Federal Express Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B) (McLaren, Michael) |
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Filing 8
SCHEDULING ORDER: An in-person initial conference will be held at 10:30 AM on 1/24/2020 before Magistrate Judge Bulsara in Courtroom 324N. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 1/24/2020. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/15/2019. (Manson, Eddie)
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| Filing 7 ANSWER to Complaint by Federal Express Corporation. (McLaren, Michael) |
| Filing 6 NOTICE of Appearance by Michael G. McLaren on behalf of Federal Express Corporation (notification declined or already on case) (McLaren, Michael) |
| Filing 5 Notice of MOTION to Appear Pro Hac Vice of Michael C. McLaren Filing fee $ 150, receipt number ANYEDC-11931233. by Federal Express Corporation. (Attachments: #1 Affidavit, #2 Exhibit MCM COGs) (McLaren, Michael) |
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ORDER: The Motion of Michael C. McLaren for Leave to Appear Pro Hac Vice #5 is 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 that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Magistrate Judge Sanket J. Bulsara on 10/10/2019. (Manson, Eddie) .
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ORDER: The Motion for Leave to Appear Pro Hac Vice #4 is denied. The petition seeking to be admitted Pro Hac Vice is by Brain K. Coleman; but encloses documents in support for Michael C. Mclaren. Local Civl Rule 1.3 (c) requires the applicant -not a sponsor- to (a) complete the application on-line, (b) submit the application electronically (c) print and sign a copy of the application, and (d) file the printed application and fee with the Clerk, together with a certificate(s) of good standing and a supporting affidavit(s). Furthermore Michael C. Mclaren is directed to file any motion for leave to appear pro hac vice using his own pacer account. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/9/2019. (Manson, Eddie)
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| Filing 4 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11920711. by Federal Express Corporation. (Attachments: #1 Affidavit of Michael C. McLaren, #2 Exhibit MCM COGs) (Coleman, Brian) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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. (Davis, Kimberly) |
| Case Assigned to Judge Ann M Donnelly 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. (Davis, Kimberly) |
| Filing 1 NOTICE OF REMOVAL by Federal Express Corporation from Queens County Supreme Court of the State of New York, case number 714914/2019. ( Filing fee $ 400 receipt number ANYEDC-11914852) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit State Court Pleadings) (Coleman, Brian) |
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