Express Freight Systems Inc. v. YMB Enterprises Inc. et al
| Express Freight Systems Inc. |
| John Doe 1-10 (Ficticious Defendants), Joel Mendlovic, Ymb Enterprises Inc. and Abc Corps 1 - 10 |
| 1:2020cv00186 |
| January 9, 2020 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Allyne R Ross |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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ORDER: The court endorses the parties's proposed briefing schedule. Defendant will serve its Motion on Monday, March 16, 2020, Plaintiff will serve its Opposition on Monday, March 30, 2020 and Defendant shall serve its Reply on Monday, April 6, 2020. Ordered by Judge Allyne R. Ross on 2/21/2020. (Taitz, Sarah)
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Filing 39
Proposed Scheduling Order for Briefing Schedule by Joel Mendlovic, Ymb Enterprises Inc. (Huebner, Levi)
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ORDER re #36 Motion for Pre Motion Conference. In light of #37 Voluntary Dismissal of Certain Counts by plaintiff, and #38 plaintiff's letter response to pre-motion letter, defendant is instructed to submit a letter informing the court whether it still wishes to proceed with its motion to dismiss. If defendant does wish to proceed, counsel should confer and propose a briefing schedule on the motion as part of the letter. The letter is to be submitted by February 21, 2020. Ordered by Judge Allyne R. Ross on 2/13/2020. (Taitz, Sarah)
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Filing 38
Letter response to pre-motion letter by Express Freight Systems Inc. (Ettman, Jonathan)
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Filing 37
NOTICE of Voluntary Dismissal by Express Freight Systems Inc. Dismissal of Certain Counts (Ettman, Jonathan)
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ORDER: In light of the pending pre-motion conference request regarding defendants' anticipated motion to dismiss (ECF No. 36), the Court adjourns the February 6, 2020 initial conference and all other deadlines sine die. Ordered by Magistrate Judge Lois Bloom on 2/4/2020. (Burks, Jory)
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ORDER: Defendants have submitted a letter requesting a pre-motion conference on an anticipated motion to dismiss. Plaintiff's counsel is reminded that, under Judge Ross's Individual Motion Practices, plaintiff is required to file a responsive letter addressing the legal and factual bases of the anticipated motion within seven business days from service of defendants' letter, on or before February 12, 2020. Ordered by Judge Allyne R. Ross on 2/4/2020. (Taitz, Sarah)
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Filing 36
Letter MOTION for pre motion conference by Joel Mendlovic, Ymb Enterprises Inc.. (Huebner, Levi)
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Filing 35
NOTICE of Appearance by Jonathan Michael Ettman on behalf of Express Freight Systems Inc. (notification declined or already on case) (Ettman, Jonathan)
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Filing 34
ORDER FOR ADMISSION TO PRACTICE PRO HAC VICE: The #33 motion of Jonathan M. Ettman, Esq. for admission to practice pro hac vice in the above captioned action is granted. The admitted attorney, Jonathan M. Ettman, is permitted to to appear for all purposes as counsel for the Plaintiff Express Freight Systems Inc., in the above entitled action. SO ORDERED by Magistrate Judge Lois Bloom, on 1/28/2020. (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.) (Latka-Mucha, Wieslawa)
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ORDER: Defendants request, with plaintiff's consent, an extension of time to answer plaintiff's complaint. ECF No. #32 . The request is granted. Defendants shall answer plaintiff's complaint by February 3, 2020. Ordered by Magistrate Judge Lois Bloom on 1/28/2020. (Burks, Jory)
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Filing 33
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12302097. by Express Freight Systems Inc.. (Attachments: #1 Affidavit in Support, #2 Certificate of Service, #3 Proposed Order) (Ettman, Jonathan)
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Filing 32
Letter MOTION for Extension of Time to File Answer to Complaint by Joel Mendlovic, Ymb Enterprises Inc.. (Huebner, Levi)
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Filing 31
NOTICE of Appearance by Levi Huebner on behalf of Joel Mendlovic, Ymb Enterprises Inc. (aty to be noticed) (Huebner, Levi)
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ORDER: Plaintiff's diversity contract case was transferred from the District of New Jersey on January 9, 2020. Defendants shall answer plaintiff's complaint by January 23, 2020.The Court shall hold the initial conference in plaintiff's case on February 6, 2020 at 12:30 p.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file a 26(f) Meeting Report by January 30, 2020. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 1/13/2020. (Panjini, Madhura)
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Filing 30
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)
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Filing 29
Case transferred in from District of New Jersey; Case Number 2:19-cv-12001. Original file certified copy of transfer order and docket sheet received.
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The case of Express Freight Systems Inc. v. YMB Enterprises Inc. et al, has been transferred from District of New Jersey to the Eastern District of New York. The new case number is 20cv186. PLEASE NOTE: 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)
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Filing 28
ORDER ADOPTING REPORT AND RECOMMENDATIONS #27 ; Defendants #15 Motion to Dismiss/Lack of Jurisdiction, shall be Granted and this matter shall be transferred to the United States District Court of Eastern District of New York. ***CIVIL CASE TERMINATED. Signed by Judge Susan D. Wigenton on 1/6/2020. (JB, ) [Transferred from New Jersey on 1/9/2020.]
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Filing 27
REPORT AND RECOMMENDATION re #15 First MOTION to Dismiss for Lack of Jurisdiction in the alternative to change venue; The Court recommends that defendants' motion to dismiss for lack of subject matter jurisdiction be DENIED, the motion to dismiss for failure to serve be DENIED AS MOOT, and the action be transferred to the EDNY based on lack of personal jurisdiction over defendants; etc. Objections, if any, to R&R due by 1/2/2020. Signed by Magistrate Judge Leda D. Wettre on 12/18/2019. (sms) [Transferred from New Jersey on 1/9/2020.]
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Filing 26
Letter from Jonathan M. Ettman, Esq.. (ETTMAN, JONATHAN) [Transferred from New Jersey on 1/9/2020.]
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Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Motion Hearing held on 10/24/2019 re #15 First MOTION to Dismiss for Lack of Jurisdiction in the alternative to change venue filed by YMB ENTERPRISES INC., JOEL MENDLOVIC. (CD #ECR - 10:45.) (kd) [Transferred from New Jersey on 1/9/2020.]
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Filing 25
TEXT ORDER - Per counsel's request, the Oral Argument set for 10/21/2019 is rescheduled to 10/24/2019 at 10:30 am in Newark - Courtroom 3C before Magistrate Judge Leda D. Wettre.So Ordered by Magistrate Judge Leda D. Wettre on 10/9/2019. (kd) [Transferred from New Jersey on 1/9/2020.]
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CLERK'S QUALITY CONTROL MESSAGE - The Letter (ECF No. 24) submitted by Lawrence Katz on 10/7/19 appears to have address information that does not match the court's records for this case. Please refer to the court's website at www.njd.uscourts.gov for information and instructions on maintaining your account. (jc, ) [Transferred from New Jersey on 1/9/2020.]
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Filing 24
Letter re 23 Order. (KATZ, LAWRENCE) [Transferred from New Jersey on 1/9/2020.]
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Filing 23
TEXT ORDER - An In Person Oral Argument is set for 10/21/2019 at 2:00 pm in Newark - Courtroom 3C before Magistrate Judge Leda D. Wettre.So Ordered by Magistrate Judge Leda D. Wettre on 9/9/2019. (kd) [Transferred from New Jersey on 1/9/2020.]
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Filing 22
Letter from Jonathan Ettman re #21 Reply Brief to Opposition to Motion. (GERSON, FREDERICK) [Transferred from New Jersey on 1/9/2020.]
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Filing 21
REPLY BRIEF to Opposition to Motion filed by JOEL MENDLOVIC, YMB ENTERPRISES INC. re #15 First MOTION to Dismiss for Lack of Jurisdiction in the alternative to change venue (KATZ, LAWRENCE) [Transferred from New Jersey on 1/9/2020.]
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Filing 20
ORDER; granting #19 Defendants letter request for a brief enlargement of time from August 26, 2019 to September 5, 2019 to file Defendants reply brief to Plaintiff's opposition; etc. Signed by Magistrate Judge Leda D. Wettre on 8/26/2019. (sms) [Transferred from New Jersey on 1/9/2020.]
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Filing 19
Letter from Defendants requesting an enlargement of time to file a reply brief to Plaintiff's opposition re #17 Affidavit in Opposition to Motion, #18 Brief in Opposition to Motion, #16 Affidavit in Opposition to Motion. (KATZ, LAWRENCE)[Transferred from New Jersey on 1/9/2020.]
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Filing 18
BRIEF in Opposition filed by All Plaintiffs re #15 First MOTION to Dismiss for Lack of Jurisdiction in the alternative to change venue (GERSON, FREDERICK) [Transferred from New Jersey on 1/9/2020.]
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Filing 17
AFFIDAVIT in Opposition filed by All Plaintiffs re #15 First MOTION to Dismiss for Lack of Jurisdiction in the alternative to change venue (GERSON, FREDERICK) [Transferred from New Jersey on 1/9/2020.]
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Filing 16
AFFIDAVIT in Opposition filed by All Plaintiffs re #15 First MOTION to Dismiss for Lack of Jurisdiction in the alternative to change venue (GERSON, FREDERICK) [Transferred from New Jersey on 1/9/2020.]
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Set Deadlines as to #15 First MOTION to Dismiss for Lack of Jurisdiction in the alternative to change venue. Motion set for 8/19/2019 before Magistrate Judge Leda D. Wettre. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sms) [Transferred from New Jersey on 1/9/2020.]
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Filing 15
First MOTION to Dismiss for Lack of Jurisdiction in the alternative to change venue by JOEL MENDLOVIC, YMB ENTERPRISES INC.. Responses due by 8/16/2019 (Attachments: #1 Attorney Affirmation, #2 Exhibit A: Contract between parties, #3 Exhibit B: Registration of YMB, #4 Affidavit of Joel Mendlovic, #5 Brief In support of motion)(KATZ, LAWRENCE) [Transferred from New Jersey on 1/9/2020.]
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Filing 14
TEXT ORDER The Court having conducted a telephone conference with the parties' counsel and having confirmed that defendants seek to file a motion to dismiss and/or transfer on various grounds, and having conferred with counsel on an appropriate briefing schedule, defendants' motion shall be briefed in accordance with the following schedule: initial motion papers to be filed on or before July 26, 2019, answering papers on or before August 16, 2019, and reply papers on or before August 26, 2019. So Ordered by Magistrate Judge Leda D. Wettre on 7/10/19. (Wettre, Leda) [Transferred from New Jersey on 1/9/2020.]
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Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 7/10/2019. (kd) [Transferred from New Jersey on 1/9/2020.]
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Filing 13
TEXT ORDER - A Telephone Conference is set for 7/10/2019 at 4:30 pm before Magistrate Judge Leda D. Wettre. Once all parties are on the phone, please call Chambers at (973) 645-3574.So Ordered by Magistrate Judge Leda D. Wettre on 7/8/2019. (kd) [Transferred from New Jersey on 1/9/2020.]
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Filing 12
Letter re #11 Letter. (ETTMAN, JONATHAN) [Transferred from New Jersey on 1/9/2020.]
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Filing 11
Letter from Jonathan Ettman. (ETTMAN, JONATHAN) [Transferred from New Jersey on 1/9/2020.]
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Filing 10
Letter re #1 Complaint. (Attachments: #1 Exhibit A: Registration of YMB Enterprises, #2 Exhibit B: Contract between parties, #3 Declaration of Joel Mendlovic)(KATZ, LAWRENCE) [Transferred from New Jersey on 1/9/2020.]
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Filing 9
ORDER, granting #8 Letter from Defendants for a fourteen (14) day extension of time to June 27, 2019 to answer or otherwise plead to Plaintiff's Complaint. Signed by Magistrate Judge Leda D. Wettre on 6/18/2019. (sms) [Transferred from New Jersey on 1/9/2020.]
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Filing 8
Letter from Defendants for a fourteen (14) day extension of time to June 27, 2019 to answer or otherwise plead to Plaintiffs Complaint. (KATZ, LAWRENCE) [Transferred from New Jersey on 1/9/2020.]
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Clerk`s Text Order - The document #4 Application for Clerk's Order to Ext Answer/Proposed Order submitted by JOEL MENDLOVIC, YMB ENTERPRISES INC. has been DENIED. (Clerk's Note: Since the time for Defendants to answer, move or otherwise plead expired on 5/30/2019, the Clerk cannot grant this application. Please resubmit this application as a letter request.) (sms) [Transferred from New Jersey on 1/9/2020.]
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Filing 7
AFFIDAVIT of Service for Summons and Complaint served on YMB Enterprises Inc. on 05/09/19, filed by EXPRESS FREIGHT SYSTEMS INC.. (ETTMAN, JONATHAN) [Transferred from New Jersey on 1/9/2020.]
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Filing 6
AFFIDAVIT of Service for Summons and Complaint served on Joel Mendlovic on 05/09/19, filed by EXPRESS FREIGHT SYSTEMS INC.. (ETTMAN, JONATHAN) [Transferred from New Jersey on 1/9/2020.]
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Filing 5
Letter from Jonathan M. Ettman, Esq.. (ETTMAN, JONATHAN) [Transferred from New Jersey on 1/9/2020.]
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Filing 4
Application and Proposed Order for Clerk's Order to extend time to answer as to PRAECIPE FOR EXTENSION OF TIME PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 6.1.. (KATZ, LAWRENCE) [Transferred from New Jersey on 1/9/2020.]
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Filing 3
NOTICE of Appearance by LAWRENCE KATZ on behalf of JOEL MENDLOVIC, YMB ENTERPRISES INC. (KATZ, LAWRENCE) [Transferred from New Jersey on 1/9/2020.]
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Filing 2
SUMMONS ISSUED as to JOEL MENDLOVIC, YMB ENTERPRISES INC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jr) [Transferred from New Jersey on 1/9/2020.]
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Filing 1
COMPLAINT against All Defendants ( Filing and Admin fee $ 400 receipt number 0312-9632389) with JURY DEMAND, filed by EXPRESS FREIGHT SYSTEMS INC.. (Attachments: #1 Civil Cover Sheet)(ETTMAN, JONATHAN) [Transferred from New Jersey on 1/9/2020.]
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Case assigned to Judge Susan D. Wigenton and Magistrate Judge Leda D. Wettre. (jr) [Transferred from New Jersey on 1/9/2020.]
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