YSN Imports Inc. et al v. Oberlander et al

Plaintiff: ASHTEAD HOLDINGS INC. and YSN Imports Inc.
Defendant: U Shippers Group Inc., Feige Oberlander, GREEN NORTH AMERICA, INC. and U Shippers Group Management, Inc.
Not Classified By Court: Usher T Winslett
Case Number: 1:2020cv05981
Filed: December 8, 2020
Court: US District Court for the Eastern District of New York
Presiding Judge: Lois Bloom
Referring Judge: Diane Gujarati
2 Judge: Taryn A Merkl
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 20, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 20, 2022 ORDER DISMISSING CASE -- As stipulated by the parties in the #66 Stipulation of Dismissal filed on April 19, 2022, all claims in this action are hereby dismissed with prejudice. The Clerk of Court is directed to close this case. Ordered by Judge Diane Gujarati on 4/20/2022. (Almonte, Kelly)
April 19, 2022 Filing 66 STIPULATION of Dismissal by Ashtead Holdings Inc., YSN Imports Inc. (Drew, Eliezer)
March 16, 2022 ORDER: In light of the 3/15/2022 notice that this case settled at mediation, the parties are directed to file a Stipulation of Dismissal by 4/18/2022. Ordered by Magistrate Judge Taryn A. Merkl on 3/16/2022. (Devanathan, Deepa)
March 15, 2022 REPORT of Mediation Settled Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. Mediation Report due by 3/29/2022. (Priftakis, Tina)
March 7, 2022 SELECTION OF MEDIATOR Usher T Winslett selected as Mediator. The first mediation session will take place on March 14, 2022. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. 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 submitted within two weeks following mediation session. (Weinstein, Robyn)
February 18, 2022 Filing 65 Minute Order for proceedings held before Judge Diane Gujarati: Telephone conference regarding Defendants' #55 motion held before Judge Diane Gujarati on February 18, 2022. Eliezer Drew appeared on behalf of Plaintiffs. Efrem Schwalb appeared on behalf of Defendants. As discussed on the record, Defendants' motion #55 is deemed withdrawn in light of Defendants' anticipated revised motion. Defendants shall serve their motion on Plaintiffs by April 4, 2022; Plaintiffs shall serve their opposition on Defendants by April 18, 2022; and Defendants shall serve their reply, if any, on Plaintiffs by April 25, 2022, at which point Defendants shall file the fully briefed motion on ECF in accordance with Individual Practice Rule III.B.4. In light of the anticipated filing of the revised motion, the parties need not submit letter briefs, but may wish to incorporate discussion of the issues raised during the conference in their briefing on the revised motion. (Court Reporter Linda Marino) (Almonte, Kelly)
February 15, 2022 NOTICE -- The telephone conference scheduled for February 17, 2022 at 11:00 a.m. is rescheduled for February 18, 2022 at 2:00 p.m. The information to access the conference remains the same. (Almonte, Kelly)
February 9, 2022 SCHEDULING ORDER -- A telephone conference will be held regarding Defendants' #55 motion on February 17, 2022 at 11:00 a.m. before Judge Diane Gujarati. The call-in information for the telephone conference is 1-877-336-1839, and the access code is 2643682. Counsel should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the assigned court reporter. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. Ordered by Judge Diane Gujarati on 2/9/2022. (Almonte, Kelly)
January 19, 2022 ORDER REFERRING CASE to Mediation. Mediation shall be completed by 3/18/2022. Selection of Mediator due by 2/2/2022. Ordered by Magistrate Judge Taryn A. Merkl on 1/19/2022. (Devanathan, Deepa)
January 19, 2022 Minute Entry and Order: A telephonic Status Conference was held on 1/19/2022 before Magistrate Judge Taryn A. Merkl. Appearances by Eliezer Drew for Plaintiffs; Efrem Schwalb for Defendants. Discussion was held regarding discovery and the status of the case. The parties advised that discovery is complete in the related action before the Federal Maritime Commission, but that some additional discovery may be needed in the federal action following decision on the motion to dismiss and/or if the case cannot be settled. (See Oct. 18, 2021 ECF Minute Entry and Order.) As discussed on the record, this case will be referred to the EDNY Mediation Panel at the parties' request. The parties are respectfully directed to meet and confer to resolve any outstanding discovery issues and shall exchange all relevant documents and records prior to mediation, if they haven't already done so. The parties are directed to file a joint status letter by 3/25/2022 providing an update as to the status of mediation and whether the parties believe additional discovery is necessary in the event the case does not settle. If additional discovery is needed, the parties are directed to include a proposed amended discovery schedule with suggested deadlines in their joint status letter. Ordered by Magistrate Judge Taryn A. Merkl on 1/19/2022. (AT&T Log #10:29-10:53.) (Devanathan, Deepa)
January 19, 2022 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 submitted within two weeks following mediation session. (Priftakis, Tina)
January 6, 2022 ORDER: Motion to Adjourn Conference #64 is granted, on consent. A telephonic Status Conference will be held on 1/19/2022 at 10:30 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll free number (877) 336-1839. The access code is 3914302. The parties shall dial in five minutes before the scheduled conference. Ordered by Magistrate Judge Taryn A. Merkl on 1/6/2022. (Chan, Kaity)
January 5, 2022 Filing 64 First MOTION to Adjourn Conference Currently Scheduled for January 10, 2022 by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Schwalb, Efrem)
October 18, 2021 Minute Entry and Order: A telephonic Initial Conference was held on 10/18/2021 before Magistrate Judge Taryn A. Merkl. Appearances by Eliezer Drew for Plaintiffs; Efrem Schwalb for Defendants. The parties represented that they have already completed their Rule 26(f) conference. As discussed on the record, the parties' proposed discovery schedule is adopted, in part, as follows. Initial disclosures shall be exchanged by 10/19/2021. First requests for production of documents and for interrogatories are due by 10/26/2021. Phase I discovery shall be completed by 12/20/2021. The deadline for the completion of fact discovery is 2/28/2022. The deadline to file a status report on ECF certifying the close of fact discovery is 3/7/2022. The parties shall exchange expert reports by 3/31/2022. All discovery shall be completed by 5/31/2022. The deadline to initiate any dispositive motions is 6/30/2022, and should be done in accordance with the Individual Practice Rules of Judge Diane Gujarati. A telephonic Status Conference will take place on 1/10/2022 at 10:00 a.m.before Magistrate Judge Taryn A.Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. At this status conference, the parties should be prepared to discuss their settlement efforts and whether the parties would like a referral to EDNY's mediation panel or a settlement conference before the Court. Ordered by Magistrate Judge Taryn A. Merkl on 10/18/2021. (AT&T Log #10:31-10:56.) (Devanathan, Deepa)
October 13, 2021 Filing 63 Proposed Scheduling Order by Ashtead Holdings Inc., YSN Imports Inc. (Drew, Eliezer)
October 13, 2021 ORDER: On 9/28/2021, the parties were directed to file a case management worksheet no later than 10/11/2021. The parties have not filed a case management worksheet. The parties are directed to file their case management worksheet by 10/13/2021. Ordered by Magistrate Judge Taryn A. Merkl on 10/13/2021. (Devanathan, Deepa)
September 28, 2021 RESCHEDULING ORDER: The Initial Conference set for 10/15/2021 at 3:45 p.m., will now be held on 10/18/2021 at 10:30 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the Case Management Worksheet attached to the Court's 8/31/2021 Scheduling Order and electronically file same with the Court no later than 10/11/2021. Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Ordered by Magistrate Judge Taryn A. Merkl on 9/28/2021. (Chan, Kaity)
September 16, 2021 ORDER: Motion for Discovery #59 is granted and preliminary discovery is to commence in accordance with the Scheduling Order entered on 8/31/2021, and in anticipation of the Initial Conference now scheduled for 10/15/2021. The parties are respectfully directed to meet and confer in a good faith effort to resolve and/or narrow any discovery disputes and to prepare the Case Management Worksheet by 10/8/2021 as previously directed. See Fed. R. Civ. P. 37(a) & E.D.N.Y. Local Civil Rule 37.3. So Ordered by Magistrate Judge Taryn A. Merkl on 9/16/2021. (Devanathan, Deepa)
September 14, 2021 ORDER: Motion to Adjourn Conference #62 is granted. The telephonic Initial Conference set for 10/7/2021 at 3:45 p.m. has been adjourned to to 10/15/2021 at 3:45 p.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the Case Management Worksheet attached to the 8/31/2021 Order and electronically file same with the Court no later than 10/8/2021. Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Ordered by Magistrate Judge Taryn A. Merkl on 9/14/2021. (Chan, Kaity)
September 13, 2021 Filing 62 MOTION to Adjourn Conference currently scheduled for October 7, 2021 by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Schwalb, Efrem)
August 31, 2021 Filing 61 SCHEDULING ORDER: A telephonic Initial Conference will be held on 10/7/2021 at 3:45 p.m. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet and electronically file same with the Court no later than 9/30/2021. Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Ordered by Magistrate Judge Taryn A. Merkl on 8/31/2021. (Chan, Kaity)
August 27, 2021 Filing 60 RESPONSE to Motion re #59 MOTION for Discovery filed by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Schwalb, Efrem)
August 26, 2021 Filing 59 MOTION for Discovery by Ashtead Holdings Inc., YSN Imports Inc.. (Drew, Eliezer)
July 7, 2021 Motions terminated, docketed incorrectly: #56 MOTION to Dismiss for Failure to State a Claim MOTION for Summary Judgment filed by Green North America, Inc., Feige Oberlander, U Shippers Group Management, Inc., U Shippers Group Inc. (Almonte, Kelly)
July 5, 2021 Filing 58 REPLY in Support re #55 MOTION to Dismiss for Failure to State a Claim MOTION for Summary Judgment filed by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Attachments: #1 Rule 56.1 Statement Reply 56.1) (Schwalb, Efrem)
July 5, 2021 Filing 57 MEMORANDUM in Opposition re #55 MOTION to Dismiss for Failure to State a Claim MOTION for Summary Judgment filed by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Attachments: #1 Declaration Drew Declaration, #2 Exhibit Transcript, #3 Rule 56.1 Statement) (Schwalb, Efrem) (Attachment 3 replaced on 7/7/2021) (Almonte, Kelly).
July 5, 2021 Filing 56 MEMORANDUM in Support of Motion to Dismiss for Failure to State a Claim , MOTION for Summary Judgment by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Attachments: #1 Exhibit A - emails, #2 Exhibit B - emails, #3 Exhibit C - termination, #4 Exhibit D - termination, #5 Rule 56.1 Statement, #6 Memorandum in Support) (Schwalb, Efrem) Modified on to corrected docket event 7/7/2021 (Almonte, Kelly).
July 5, 2021 Filing 55 MOTION to Dismiss for Failure to State a Claim , MOTION for Summary Judgment by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Attachments: #1 Declaration Schwalb Declaration, #2 Exhibit A - Emails, #3 Exhibit B - Emails, #4 Exhibit C - Bylaws, #5 Exhibit D - Emails, #6 Exhibit E - Emails, #7 Exhibit F - Emails, #8 Exhibit G - Emails, #9 Exhibit H - Transcript) (Schwalb, Efrem)
June 30, 2021 Filing 54 First MOTION for Leave to File Excess Pages for Reply Memorandum of Law by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Schwalb, Efrem)
June 30, 2021 ORDER granting #54 Motion for Leave to File Excess Pages. Defendants' motion is granted on consent. Ordered by Judge Diane Gujarati on 6/30/2021. (Moss, Raymond)
June 22, 2021 Filing 53 Letter by Ashtead Holdings Inc., YSN Imports Inc. (Drew, Eliezer)
June 10, 2021 Case Reassigned to Magistrate Judge Taryn A. Merkl. Magistrate Judge Lois Bloom no longer assigned to the 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. (Mahoney, Brenna)
June 8, 2021 Filing 52 Letter advising of service of motion by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc. (Schwalb, Efrem)
May 28, 2021 ORDER granting #51 Motion for Extension of Time to File Motion to Dismiss Second Amended Complaint -- The motion is granted on consent. Defendants shall now serve their motion to dismiss on Plaintiffs by June 8, 2021; Plaintiffs shall serve their opposition brief on Defendants by June 22, 2021; Defendants shall serve their reply, if any, on Plaintiffs by July 6, 2021, at which point Defendants shall file the fully-briefed motion on ECF in accordance with Individual Rule III(B)(4). Ordered by Judge Diane Gujarati on 5/28/2021. (Almonte, Kelly)
May 26, 2021 Filing 51 First MOTION for Extension of Time to File Motion to Dismiss Second AMended Complaint by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Schwalb, Efrem)
April 29, 2021 Filing 50 AMENDED COMPLAINT against All Defendants, filed by YSN Imports Inc., Ashtead Holdings Inc.. (Drew, Eliezer)
April 20, 2021 ORDER granting #49 Motion to Amend/Correct/Supplement -- Plaintiffs' motion is granted on consent. Plaintiffs shall file a second amended complaint by April 29, 2021. Defendants shall answer, move, or otherwise respond by June 1, 2021. If Defendants serve Plaintiffs with a motion to dismiss, Plaintiffs shall serve their opposition brief on Defendants by June 15, 2021; Defendants shall serve their reply, if any, on Plaintiffs by June 29, 2021, at which point Defendants shall file the fully-briefed motion on ECF in accordance with Individual Rule III(B)(4). Ordered by Judge Diane Gujarati on 4/20/2021. (Almonte, Kelly)
April 19, 2021 Filing 49 First MOTION to Amend/Correct/Supplement #19 Amended Complaint by Ashtead Holdings Inc., YSN Imports Inc.. (Drew, Eliezer)
March 31, 2021 Filing 48 Letter providing joint status report regarding motion to dismiss by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc. (Schwalb, Efrem)
March 31, 2021 ORDER -- On February 25, 2021, the Court directed that Defendants shall answer or serve a motion on Plaintiffs by March 22, 2021. To date, Defendants have not answered or otherwise served Plaintiffs with a motion in accordance with this Court's practice rules. See Rule III(B)(4). Accordingly, the parties are directed to submit a joint status letter by April 2, 2021. Ordered by Judge Diane Gujarati on 3/31/2021. (Almonte, Kelly)
March 5, 2021 Filing 47 ORDER granting #46 Motion to Withdraw as Attorney, endorsed on doc# 46. Attorney Daniel Paul Jaffe terminated. SO Ordered by Magistrate Judge Lois Bloom on 3/5/2021. (Rein, Gilbert)
March 4, 2021 Filing 46 First MOTION to Withdraw as Attorney for Defendants by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Attachments: #1 Declaration Supporting Motion to Withdraw as Attorneys for Defendants) (Jaffe, Daniel)
March 4, 2021 ORDER: In light of Judge Gujarati's order granting the parties' joint request for an extension of time for defendants to respond to the complaint, ECF No. 39, the initial conference scheduled for March 9, 2021 is adjourned. Ordered by Magistrate Judge Lois Bloom on 3/4/2021. (Wilhelm, Samantha)
February 25, 2021 ORDER granting #39 motion for an extension of time -- The motion is granted on consent. Defendants shall have until March 22, 2021 to answer or otherwise serve a motion on Plaintiffs. If Defendants serve a motion, Plaintiff shall serve a response by April 12, 2021. Defendants shall then serve a reply, if any, by April 26, 2021. Defendants shall then file all party papers on ECF by April 26, 2021. The parties are reminded that any requests for relief must be docketed as a motion under this Court's Individual Practice Rules. See Rule I(A)(4). Ordered by Judge Diane Gujarati on 2/25/2021. (Almonte, Kelly)
February 24, 2021 Filing 45 NOTICE of Consent to Change Attorney by Efrem Tobias Schwalb Outgoing Attorney for Defendants Dan Jaffe (Schwalb, Efrem)
February 24, 2021 Filing 44 NOTICE of Appearance by Tal S. Benschar on behalf of Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc. (aty to be noticed) (Benschar, Tal)
February 24, 2021 Filing 43 TRANSCRIPT of Proceedings held on January 26, 2021, before Judge Gujarati. Court Transcriber: Fiore Reporting and Transcription Services, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/17/2021. Redacted Transcript Deadline set for 3/29/2021. Release of Transcript Restriction set for 5/25/2021. (Rocco, Christine)
February 24, 2021 Filing 42 TRANSCRIPT of Proceedings held on December 18, 2020, before Judge Gujarati. Court Transcriber: Fiore Reporting and Transcription Services, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/17/2021. Redacted Transcript Deadline set for 3/29/2021. Release of Transcript Restriction set for 5/25/2021. (Rocco, Christine)
February 24, 2021 Filing 41 TRANSCRIPT of Proceedings held on December 11, 2020, before Judge Gujarati. Court Transcriber: Fiore Reporting and Transcription Services, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/17/2021. Redacted Transcript Deadline set for 3/29/2021. Release of Transcript Restriction set for 5/25/2021. (Rocco, Christine)
February 24, 2021 Filing 40 NOTICE of Appearance by Efrem Tobias Schwalb on behalf of All Defendants (aty to be noticed) (Schwalb, Efrem)
February 23, 2021 Filing 39 Letter by Ashtead Holdings Inc., YSN Imports Inc. (Drew, Eliezer) Modified on 2/25/2021 to correct event type (Almonte, Kelly).
February 20, 2021 ORDER: The #38 motion for extension of time to respond is granted. By February 23, 2021, the parties shall either file a motion requesting referral to court-annexed mediation or file a proposed briefing schedule for Defendants anticipated Rule 12 and/or Rule 56 motions. Ordered by Judge Diane Gujarati on 2/20/2021. (Almonte, Kelly)
February 19, 2021 Filing 38 MOTION for Extension of Time to File Answer re Order on Motion for Pre Motion Conference,,, , MOTION for Extension of Time to File Response/Reply by Ashtead Holdings Inc., YSN Imports Inc.. (Drew, Eliezer)
February 19, 2021 ORDER: The parties report that settlement discussions have broken down and request an initial conference to set a discovery schedule. ECF No. 37. The request is granted. The Court shall hold an initial conference in plaintiff's contract case by telephone on March 9, 2021 at 10:30 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 10:30 a.m. on March 9, 2021. Defendants shall answer plaintiffs' amended complaint by February 26, 2021. The parties shall file a Rule 26(f) meeting report by March 4, 2021. 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 seventy-two (72) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 2/19/2021. (Wilhelm, Samantha)
February 19, 2021 Initial Conference set for 3/9/2021 10:30 AM before Magistrate Judge Lois Bloom. (Wilhelm, Samantha)
February 18, 2021 Filing 37 MOTION for pre motion conference by Ashtead Holdings Inc., YSN Imports Inc.. (Drew, Eliezer)
February 16, 2021 ORDER -- By February 19, 2021, the parties shall either file a motion requesting referral to court-annexed mediation or file a proposed briefing schedule for Defendants' anticipated Rule 12 and/or Rule 56 motions. Ordered by Judge Diane Gujarati on 2/16/2021. (Almonte, Kelly)
January 26, 2021 Filing 36 Minute Entry for proceedings held before Judge Diane Gujarati: Pre-Motion Conference held on Tuesday, January 26, 2021. Eliezer Drew appeared on behalf of Plaintiffs. Daniel Jaffe appeared on behalf of Defendants. Defendants' anticipated motions to dismiss and for summary judgment were discussed. The parties expressed interest in court-sponsored mediation and were directed to make their request for referral to mediation to the assigned Magistrate Judge. Such request should be made by joint letter. If and when Defendants wish to pursue the motions to dismiss and for summary judgment that were referenced in their pre-motion conference letter of January 15, 2021, they shall so notify the Court. (FTR Log #20cv5981.1.26.21) (Almonte, Kelly)
January 19, 2021 ORDER granting #34 Motion for Pre Motion Conference -- The court will hold a telephonic pre-motion conference on Tuesday, January 26, 2021 at 3:00 p.m. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 2643682. Counsel should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. Ordered by Judge Diane Gujarati on 1/19/2021. (Almonte, Kelly)
January 15, 2021 Filing 35 Letter by Ashtead Holdings Inc., YSN Imports Inc. (Drew, Eliezer)
January 8, 2021 Filing 34 First MOTION for pre motion conference re #19 Amended Complaint for Leave to File Motion to Dismiss or for Summary Judgment by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Jaffe, Daniel)
December 29, 2020 Filing 33 Letter to Hon. Diane Gujarati to clarify Motion for Extension (Doc. No. 32) by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc. (Jaffe, Daniel)
December 29, 2020 ORDER: Defendants request a 10-day extension of time to respond to plaintiffs' amended complaint. ECF No. 32. As plaintiffs consent to the request, the request is granted. Defendants shall respond to the amended complaint by January 8, 2021. Ordered by Magistrate Judge Lois Bloom on 12/29/2020. (Wilhelm, Samantha)
December 28, 2020 Filing 32 First MOTION for Extension of Time to File Answer re #19 Amended Complaint to Answer or Otherwise Respond by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Jaffe, Daniel)
December 21, 2020 Filing 31 ORDER denying #5 Motion for Order to Show Cause -- For the reasons set forth in the accompanying Memorandum and Order, Plaintiffs' motion is denied. Ordered by Judge Diane Gujarati on 12/21/2020. (Almonte, Kelly)
December 18, 2020 Filing 30 Minute Entry for proceedings held before Judge Diane Gujarati -- Oral argument on Plaintiffs' #5 Motion for Order to Show Cause held before Judge Diane Gujarati on December 18, 2020. Eliezer Drew appeared on behalf of Plaintiffs. Daniel Jaffe appeared on behalf of Defendants. The parties were heard on the motion. The Court reserved its decision and will rule on the motion under separate Order. (FTR Log #20cv5981.12.18.20) (Almonte, Kelly)
December 17, 2020 Filing 29 MEMORANDUM in Support re #27 Affidavit in Support of Motion, Shmuel Newman filed by Ashtead Holdings Inc., YSN Imports Inc.. (Attachments: #1 Email - intro, #2 Email - Call, #3 Email - Support, #4 Email - FAQ) (Drew, Eliezer)
December 17, 2020 Filing 28 AFFIDAVIT/DECLARATION in Support re #5 MOTION for Order to Show Cause Shlomie Coleman filed by Ashtead Holdings Inc., YSN Imports Inc.. (Drew, Eliezer)
December 17, 2020 Filing 27 AFFIDAVIT/DECLARATION in Support re #5 MOTION for Order to Show Cause Shmuel Newman filed by Ashtead Holdings Inc., YSN Imports Inc.. (Attachments: #1 Email - Onboard, #2 Email - Call, #3 Email - Support, #4 Email - FAQ) (Drew, Eliezer)
December 17, 2020 Filing 26 MEMORANDUM in Opposition to Motion for TRO and Preliminary Injunction Regarding Additional Claims Under California Gouging Laws filed by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Attachments: #1 Declaration Opposing OSC Re California Anti-Gouging Laws, #2 Exhibit A-Email Showing Alternative Shipping Available) (Jaffe, Daniel)
December 16, 2020 Filing 25 First MOTION for Extension of Time to File Response/Reply to new issues in Amended Complaint which pertain to Plaintiffs' Motion for TRO and Preliminary Injunction [Doc. Nos. 5-9 and 19] by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Jaffe, Daniel)
December 16, 2020 Filing 24 AFFIDAVIT/DECLARATION in Support re #5 MOTION for Order to Show Cause Shlomie Coleman filed by Ashtead Holdings Inc., YSN Imports Inc.. (Attachments: #1 Email - priority, #2 Email - order, #3 Email - Maersk, #4 Email - U Ship Fee, #5 Invoices) (Drew, Eliezer)
December 16, 2020 Filing 23 AFFIDAVIT/DECLARATION in Support re #5 MOTION for Order to Show Cause Shmuel Newman filed by Ashtead Holdings Inc., YSN Imports Inc.. (Attachments: #1 Email - No Fees, #2 Email - Application, #3 Email - Overbooking, #4 Email - Customs services, #5 Invoices) (Drew, Eliezer)
December 16, 2020 Filing 22 MEMORANDUM in Support re #5 MOTION for Order to Show Cause filed by Ashtead Holdings Inc., YSN Imports Inc.. (Drew, Eliezer)
December 16, 2020 ORDER -- Defendants' #25 motion for an extension of time to file a reply by December 17, 2020 at 6:00 p.m. is granted. Defendants' previous #21 motion is denied as moot. Ordered by Judge Diane Gujarati on 12/16/2020. (Almonte, Kelly)
December 15, 2020 Filing 21 First MOTION for Extension of Time to File Response/Reply as to #8 Affidavit in Support of Motion,, #7 Affidavit in Support of Motion, #5 MOTION for Order to Show Cause , #6 Affidavit in Support of Motion, #9 Memorandum in Support due to Plaintiffs' filing of Amended Complaint with Additional Causes of action under California Statute and related requests regarding the scheduling of filing amended opposition and amended reply by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Jaffe, Daniel)
December 15, 2020 Filing 20 Letter by Ashtead Holdings Inc., YSN Imports Inc. (Drew, Eliezer)
December 15, 2020 Filing 19 AMENDED COMPLAINT against All Defendants, filed by YSN Imports Inc., Ashtead Holdings Inc.. (Drew, Eliezer)
December 15, 2020 ORDER Setting Hearing on Motion: Oral argument on Plaintiffs' #5 Motion for an Order to Show Cause will be held on December 18, 2020 at 11:00 a.m. via teleconference. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 2643682. Counsel should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited by Local Civil Rule 1.8. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. Ordered by Judge Diane Gujarati on 12/15/2020. (Almonte, Kelly)
December 13, 2020 Filing 18 MEMORANDUM in Opposition re #5 MOTION for Order to Show Cause , #6 Affidavit in Support of Motion, #9 Memorandum in Support, #8 Affidavit in Support of Motion,, #7 Affidavit in Support of Motion, Memorandum in Opposition to Order to Show Cause, Declaration of Peggy Oberlander Opposing Order to Show Cause with Exhibits A and B, and Declaration of Daniel P. Jaffe Opposing Order to Show Cause with Exhibit A filed by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Attachments: #1 Declaration Declaration of Peggy Oberlander Opposing Order to Show Cause, #2 Exhibit A to Oberlander Declaration Opposing-Bylaws of U Shippers, #3 Exhibit B to Oberlander Declaration Opposing-List of Shipping Lines, #4 Declaration Declaration of Daniel P. Jaffe Opposing OSC, #5 Exhibit A to Jaffe Declaration) (Jaffe, Daniel)
December 11, 2020 Filing 17 Minute Entry Order for proceedings held before Judge Diane Gujarati: Telephone Conference held on December 11, 2020. Eliezer Drew appeared on behalf of Plaintiffs. Daniel Jaffe appeared on behalf of Defendants. At the parties' request, it is ordered that Defendants shall now file their brief in opposition to Plaintiffs' Motion to Show Cause by Sunday, December 13, 2020 at 6:00 p.m. Plaintiffs shall file their reply brief, if any, by Wednesday, December 16, 2020 at 12:00 p.m. Ordered by Judge Diane Gujarati on 12/11/2020. (Almonte, Kelly)
December 11, 2020 Filing 16 AFFIDAVIT/DECLARATION in Support re: #14 Motion for time to file Opposition to Order to Show Cause filed by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Attachments: #1 Exhibit A Email Granting Allocation to YSN, #2 Exhibit B Email Granting Allocation to Ashtead, #3 Exhibit C YSN Twill Usage Report, #4 Exhibit D Ashtead Twill Usage Report) (Jaffe, Daniel) Modified on 12/11/2020 to correct motion association (Almonte, Kelly).
December 10, 2020 Filing 15 Letter to Hon. Diane Gujarati requesting whether or not purpose of December 11, 2020 teleconference is to consider merits of Plaintiffs' Order to Show Cause by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc. (Jaffe, Daniel)
December 10, 2020 ORDER granting #14 Motion for Extension of Time to File Response/Reply: Defendants shall file their opposition by Friday, December 11, 2020 at 6:00 p.m. The telephone conference scheduled for Friday, December 11, 2020 at 11:00 a.m. remains as scheduled in order for the parties to clarify facts regarding the status quo. Ordered by Judge Diane Gujarati on 12/10/2020. (Almonte, Kelly)
December 9, 2020 Filing 14 First MOTION for Extension of Time to File Response/Reply as to #8 Affidavit in Support of Motion,, #7 Affidavit in Support of Motion, #5 MOTION for Order to Show Cause , #6 Affidavit in Support of Motion, #9 Memorandum in Support of Motion for Preliminary Injunction and Temporary Restraining Order by Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Jaffe, Daniel)
December 9, 2020 Filing 13 Summons Issued as to Green North America, Inc., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc.. (Davis, Kimberly)
December 9, 2020 Filing 12 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
December 9, 2020 Filing 11 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)
December 9, 2020 Filing 10 AFFIDAVIT of Service for Motion Papers served on Daniel Jaffe on 12-9-20, filed by ASHTEAD HOLDINGS INC., YSN Imports Inc.. (Drew, Eliezer)
December 9, 2020 Filing 9 MEMORANDUM in Support re #5 MOTION for Order to Show Cause filed by All Plaintiffs. (Drew, Eliezer)
December 9, 2020 Filing 8 AFFIDAVIT/DECLARATION in Support re #5 MOTION for Order to Show Cause Shlomie Coleman filed by All Plaintiffs. (Attachments: #1 Email - intro, #2 Email - forms, #3 Email - bookings, #4 Email - enroll, #5 Email - on board, #6 Email - roll overs, #7 Email - priority feature, #8 Email - enroll priority, #9 Email - Maersk, #10 Email - Uship re priority, #11 email - priority invoice, #12 email new fees, #13 email - object to fees) (Drew, Eliezer)
December 9, 2020 Filing 7 AFFIDAVIT/DECLARATION in Support re #5 MOTION for Order to Show Cause Shmuel Newman filed by All Plaintiffs. (Attachments: #1 Email - intro, #2 Email - forms, #3 Email - applciation, #4 Email - Maersk, #5 Email - roll overs, #6 Email - increase, #7 Email - over allocated, #8 Email - customs, #9 Email - customs reply, #10 Email new fees, #11 Email New fees 2) (Drew, Eliezer)
December 9, 2020 Filing 6 AFFIDAVIT/DECLARATION in Support re #5 MOTION for Order to Show Cause Eliezer Drew filed by All Plaintiffs. (Attachments: #1 Letter to Defendants, #2 Response Letter, #3 Reply Letter, #4 Email, #5 Purported bylaws) (Drew, Eliezer)
December 9, 2020 Filing 5 MOTION for Order to Show Cause by ASHTEAD HOLDINGS INC., YSN Imports Inc.. (Drew, Eliezer)
December 9, 2020 SCHEDULING ORDER re #5 MOTION for Order to Show Cause: In order to consider Plaintiffs' motion, the Court will hold a conference on Friday, December 11, 2020 at 11:00 a.m. via teleconference. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 2643682. Counsel should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited by Local Civil Rule 1.8. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. Ordered by Judge Diane Gujarati on 12/9/2020. (Almonte, Kelly)
December 9, 2020 Case Assigned to Judge Diane Gujarati and Magistrate Judge Lois Bloom. 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)
December 8, 2020 Filing 4 NOTICE of Appearance by Daniel Paul Jaffe on behalf of GREEN NORTH AMERICA, INC., Feige Oberlander, U Shippers Group Inc., U Shippers Group Management, Inc. (aty to be noticed) (Jaffe, Daniel)
December 8, 2020 Filing 3 Proposed Summons. by ASHTEAD HOLDINGS INC., YSN Imports Inc. (Drew, Eliezer)
December 8, 2020 Filing 2 Civil Cover Sheet.. by ASHTEAD HOLDINGS INC., YSN Imports Inc. (Drew, Eliezer)
December 8, 2020 Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-13803239 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by YSN Imports Inc., ASHTEAD HOLDINGS INC.. (Drew, Eliezer)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: YSN Imports Inc. et al v. Oberlander et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: ASHTEAD HOLDINGS INC.
Represented By: Eliezer Drew
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: YSN Imports Inc.
Represented By: Eliezer Drew
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: U Shippers Group Inc.
Represented By: Daniel Paul Jaffe
Represented By: Efrem Tobias Schwalb
Represented By: Tal S. Benschar
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Feige Oberlander
Represented By: Daniel Paul Jaffe
Represented By: Efrem Tobias Schwalb
Represented By: Tal S. Benschar
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: GREEN NORTH AMERICA, INC.
Represented By: Daniel Paul Jaffe
Represented By: Efrem Tobias Schwalb
Represented By: Tal S. Benschar
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: U Shippers Group Management, Inc.
Represented By: Daniel Paul Jaffe
Represented By: Efrem Tobias Schwalb
Represented By: Tal S. Benschar
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Not classified by court: Usher T Winslett
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?