Unique Logistics International (NYC), LLC v. Oberholzer et al
| Unique Logistics International (NYC), LLC |
| Barend Oberholzer, Marcell Francois Oberholzer and Barry Oberholzer |
| 1:2022cv02313 |
| April 22, 2022 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| Orelia E Merchant |
| Taryn A Merkl |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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| Case Reassigned to Judge Orelia E. Merchant. Judge Carol Bagley Amon 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. (EF) |
ORDER: Motion for Extension of Time to File ( #51 ) is granted, on consent. The parties are respectfully directed to file a stipulation of dismissal by 7/14/2023. All case deadlines remain temporarily stayed, sine die. So Ordered by Magistrate Judge Taryn A. Merkl on 7/5/2023. (JF)
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| Filing 51 Letter MOTION for Extension of Time to File a Stipulation of Dismissal by Barend Oberholzer, Marcell Francois Oberholzer. (Dasaro, Stacy) |
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ORDER: The Court is in receipt of Plaintiff's Status Report dated 5/26/2023 ( #50 ), indicating that the parties have reached a settlement in principle. The parties are respectfully directed to file a stipulation of dismissal by 6/30/2023. All case deadlines are temporarily stayed, sine die. Ordered by Magistrate Judge Taryn A. Merkl on 5/31/2023. (JF)
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| Filing 50 STATUS REPORT with reqeust to extend discovery deadlines by Unique Logistics International (NYC), LLC (Ross, Steven) |
| Filing 49 ANSWER to #48 Amended Complaint by Barend Oberholzer, Marcell Francois Oberholzer. (Steel, Howard) |
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Minute Entry and Order: A telephonic Status Conference was held on 4/5/2023 before Magistrate Judge Taryn A. Merkl. Appearances by Steven Ross for Plaintiff; Stacy Dasaro and Sari Rosenfeld for Defendants. Discussion was held regarding discovery and case status. Defendants represented their intentions to supplement their document production. The Court reminded the parties that any discovery-related disputes must be raised in accordance with the undersigned's Individual Rules. Both parties expressed interest in a settlement conference in the future, but noted that they are fairly far apart at this juncture. The Court respectfully directs the parties to continue the settlement discussions amongst themselves, and should the parties be prepared for a referral to mediation or a settlement conference before the Court, they may submit a letter motion via ECF at any time.The deadline for Defendants to answer, move, or otherwise respond to the Amended Complaint ( #38 ) is 4/17/2023. The other case deadlines set on January 5, 2023 remain in effect, although the parties noted that there may be some additional time needed for fact discovery due to the volume of discovery. (See Jan. 5, 2023 ECF Minute Entry and Order.)The parties are directed to file a joint status report by 5/26/2023, including an update as to their progress on discovery, any settlement discussions, and whether the case should be referred for mediation or a settlement conference before the Court. Ordered by Magistrate Judge Taryn A. Merkl on 4/5/2023. (AT&T Log #10:02-10:21.) (JF)
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| Filing 48 AMENDED COMPLAINT (Second) against Barend Oberholzer, Marcell Francois Oberholzer, filed by Unique Logistics International (NYC), LLC. (Ross, Steven) |
| Filing 47 STATUS REPORT Joint by Unique Logistics International (NYC), LLC (Ross, Steven) |
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ORDER: Motion for Extension of Time to File Joint Status Letter ( #46 ) is granted, on consent. The parties are directed to submit a joint status report, including an update as to the parties' progress on discovery, any settlement discussions, and whether the case should be referred for mediation or a settlement conference before the Court, by 3/31/2023. So Ordered by Magistrate Judge Taryn A. Merkl on 3/30/2023. (JF)
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| Filing 46 MOTION for Extension of Time to File Joint Status Letter by Unique Logistics International (NYC), LLC. (Ross, Steven) |
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Filing 45
ORDER: The parties' motion for approval of the agreed-upon Protective Order ( #44 ) is granted, on consent. Attached to this Order is a signed copy of the Order. The deadline for a joint status report, including an update as to the parties' progress on discovery, any settlement discussions and whether the case should be referred for mediation or a settlement conference before the Court, is extended from 3/8/2023 to 3/29/2023, on consent. So Ordered by Magistrate Judge Taryn A. Merkl on 3/8/2023. (JF)
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| Filing 44 Letter MOTION for Extension of Time to File Status Report and Approval of Agreed Upon Protective Order by Barend Oberholzer, Marcell Francois Oberholzer. (Attachments: #1 Exhibit A, #2 Exhibit B) (Dasaro, Stacy) |
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Minute Entry and Order: A telephonic Pre-Motion Conference was held on 2/28/2023 before Magistrate Judge Taryn A. Merkl. Appearances by Steven Ross for Plaintiff; Sari Rosenfeld and Stacy Dasaro for Defendants. Discussion was held regarding the Motion for pre-motion conference ( #43 ) and the proposed confidentiality agreement (43-1). The parties are respectfully directed to meet and confer regarding the confidentiality agreement, and submit a proposed confidentiality agreement by 3/7/2023. The parties are respectfully reminded that the undersigned maintains a standing confidentiality order, available online at # https://img.nyed.uscourts.gov/files/forms/StandingConfidentialityOrderTAM.pdf . The Status Conference scheduled for 3/15/2023 is adjourned, and will instead be held as a telephonic status conference on 4/5/2023 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. Ordered by Magistrate Judge Taryn A. Merkl on 2/28/2023. (AT&T Log #3:46-4:13.) (JF)
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ORDER The Court is in receipt of the parties' Motion for Pre-Motion Conference and Consensual Extension of Discovery Deadlines #43 . The request for an extension of the Phase I discovery deadline from 3/2/2023 to 3/16/2023 is granted, on consent. At the parties request, a telephonic Pre-Motion Conference will be held on 2/28/2023 at 3:30 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. Ordered by Magistrate Judge Taryn A. Merkl on 2/21/2023. (KC)
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| Filing 43 MOTION for pre motion conference and Consensual Extension of Discovery Deadlines by Barend Oberholzer, Marcell Francois Oberholzer. (Attachments: #1 Exhibit A - Proposed Confidentiality Agreement) (Dasaro, Stacy) |
| Filing 42 ANSWER to #38 Amended Complaint by Barend Oberholzer, Marcell Francois Oberholzer. (Steel, Howard) |
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ORDER: Motion for Extension of Time to File ( #41 ) is granted, on consent. The deadline for Defendants to file an Answer, move, or otherwise respond to the Amended Complaint ( #38 , filed on 1/19/2023) is extended from 2/2/2023 to 2/16/2023. So Ordered by Magistrate Judge Taryn A. Merkl on 2/1/2023. (JF)
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| Filing 41 Consent MOTION for Extension of Time to File Response/Reply as to #38 Amended Complaint by Barend Oberholzer, Marcell Francois Oberholzer. (Dasaro, Stacy) |
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ORDER: Motion for Extension of Time to File ( #40 ) is granted, on consent. The parties' proposed confidentiality order shall be filed on ECF by 2/17/2023. The remaining deadlines from the January 5, 2023 ECF Minute Entry and Order remain in effect. The parties are respectfully reminded that the undersigned maintains a Standing Confidentiality Order on the EDNY website for the convenience of the parties. (See # https://www.nyed.uscourts.gov/content/magistrate-judge-taryn-merkl.) So Ordered by Magistrate Judge Taryn A. Merkl on 1/25/2023. (JF)
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| Filing 40 Third MOTION for Extension of Time to File Confidentiality Order by Unique Logistics International (NYC), LLC. (Ross, Steven) |
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ORDER: Motion for Extension of Time to File ( #39 ) is granted, on consent. The parties' proposed confidentiality order shall be filed on ECF by 1/24/2023. The remaining deadlines from the January 5, 2023 ECF Minute Entry and Order remain in effect. So Ordered by Magistrate Judge Taryn A. Merkl on 1/23/2023. (JF)
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| Filing 39 Consent MOTION for Extension of Time to File Proposed Confidentiality Agreement by Barend Oberholzer, Marcell Francois Oberholzer. (Dasaro, Stacy) |
| Filing 38 AMENDED COMPLAINT against Barend Oberholzer, Marcell Francois Oberholzer, filed by Unique Logistics International (NYC), LLC. (Ross, Steven) |
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ORDER: Motion for Extension of Time to File ( #37 ) is granted, on consent. First requests for documents and interrogatories shall be exchanged by 1/20/2023. The parties' proposed confidentiality order shall be filed on ECF by 1/20/2023. The remaining deadlines from the January 5, 2023 ECF Minute Entry and Order remain in effect. So Ordered by Magistrate Judge Taryn A. Merkl on 1/19/2023. (JF)
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| Filing 37 Consent MOTION for Extension of Time to File Protective Order and Serve Demands by Unique Logistics International (NYC), LLC. (Ross, Steven) |
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Minute Entry and Order: A telephonic Initial Conference was held on 1/5/2023 before Magistrate Judge Taryn A. Merkl. Appearances by Steven Ross for Plaintiff; Sari Rosenfeld and Stacy Dasaro for Defendants. The parties confirmed that they have held their Rule 26(f) conference and that initial disclosures have been exchanged. The Court also reminded the parties of their obligations to preserve and, if appropriate, produce electronically stored information during discovery. As stated on the record, the parties' discovery plan is adopted, in part, as follows. First requests for documents and interrogatories shall be exchanged by 1/18/2023. The parties' proposed confidentiality order shall be filed on ECF by 1/18/2023. Phase I discovery shall be completed by 3/2/2023. The deadline for joining additional parties and amending the pleadings as of right is 4/3/2023. Fact discovery shall be completed on or before 6/2/2023. The parties are directed to file a joint status report certifying the close of fact discovery by 6/9/2023. In their joint status report certifying the close of fact discovery, the parties are directed to include an update as to whether they need an expert discovery schedule, and if so, to propose an agreed-upon expert discovery schedule. In the absence of an expert discovery schedule being set, the last date to take the first step in dispositive motion practice is 7/10/2023, and should be done in accordance with the Individual Rules of the assigned District Judge. The parties are directed to file a joint status report by 3/8/2023, including an update as to their progress on discovery, any settlement discussions and whether the case should be referred for mediation or a settlement conference before the Court. An in-person status conference will be held on 3/15/2023 at 10:30 a.m. in Courtroom N322 before Magistrate Judge Taryn A. Merkl.As discussed on the record, the parties confirmed that Defendants' Motion for Extension of Time to File Supplemental Declaration (ECF No. #30 ), related to the denied motion to dismiss, is moot. The Clerk of Court is respectfully directed to terminate the motion. Ordered by Magistrate Judge Taryn A. Merkl on 1/5/2023. (AT&T Log #12:19-12:57.) (KC)
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| Filing 36 CASE MANAGEMENT STATEMENT Amended (Ross, Steven) |
| Filing 35 CASE MANAGEMENT STATEMENT (Ross, Steven) |
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Filing 34
SCHEDULING ORDER: A telephonic Initial Conference will be held on 1/5/2023 at 12:15 p.m. before Magistrate Judge Taryn A. Merkl. In light of Judge Amon's 10/27/2022 directive that the parties contact Magistrate Judge Merkl to schedule a settlement conference, counsel are respectfully directed to be prepared to provide an update as to any settlement discussions and to inform the Court at the Initial Conference whether they are prepared for a referral to mediation or a settlement conference with the Court.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 the same with the Court no later than 12/29/2022. 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 11/18/2022. (KC)
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| Filing 33 ANSWER to #1 Complaint, by Barend Oberholzer, Marcell Francois Oberholzer. (Steel, Howard) |
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ORDER granting #32 Motion for Extension of Time to Answer. On consent, Defendants' new deadline to serve their Answer is November 17, 2022. Ordered by Judge Carol Bagley Amon on 11/9/2022. (MT)
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| Filing 32 MOTION for Extension of Time to File Answer by Barend Oberholzer, Marcell Francois Oberholzer. (Steel, Howard) |
| Filing 31 AFFIDAVIT/DECLARATION in Opposition re #20 MOTION to Dismiss Supplemental Declaration filed by Unique Logistics International (NYC), LLC. (Ross, Steven) |
| Filing 30 MOTION for Extension of Time to File Supplemental Declaration by Unique Logistics International (NYC), LLC. (Ross, Steven) |
| Minute Entry for oral argument held before Judge Carol Bagley Amon on October 27, 2022. Appearances: For plaintiff: Steven Ross. For defendants: Stacy Dasaro. As stated on the record, defendants' motion to dismiss is denied. The parties are directed to contact the chambers of Magistrate Judge Taryn A. Merkl to schedule a settlement conference. (Court Reporter Stacy Mace.) (MT) |
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RESCHEDULING ORDER: Due to a change in the Court's calendar, the oral argument previously scheduled for October 4, 2022 at 2 p.m. is adjourned to October 27, 2022 at 2:00 pm in Courtroom 10D South before Judge Carol Bagley Amon. Ordered by Judge Carol Bagley Amon on 9/27/2022. (Turner, Margaret)
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| Filing 29 Letter (Amended) re: Courtesy Copy Package of Motion Papers by Barend Oberholzer, Marcell Francois Oberholzer (Steel, Howard) |
| Filing 28 AFFIDAVIT/DECLARATION in Opposition re #20 MOTION to Dismiss Schlossbert Declaration filed by Unique Logistics International (NYC), LLC. (Ross, Steven) |
| Filing 27 AFFIDAVIT/DECLARATION in Opposition re #20 MOTION to Dismiss filed by Unique Logistics International (NYC), LLC. (Attachments: #1 Exhibit Ex A Complaint, #2 Exhibit Ex B 11.26 Email, #3 Exhibit Ex C Proposed CSA, #4 Exhibit Ex D 11.26 email, #5 Exhibit Ex E Invoice, #6 Exhibit Ex F Executed CSA, #7 Exhibit Ex G Arb Req, #8 Exhibit Ex H ICC Answer, #9 Exhibit Ex I propsoed TOR, #10 Exhibit Exd J Email with TOR, #11 Exhibit Ex K Joubet email, #12 Exhibit Ex L Astral website, #13 Exhibit Ex M Astral fraud alert, #14 Exhibit Ex N Asteral alert Twitter, #15 Exhibit Ex O ICC Am Demand, #16 Exhibit Ex P ICC Am Answer, #17 Exhibit Ex Q Indictment, #18 Exhibit Ex R Nov 23 CSA, #19 Exhibit Ex S Invoice Nov 23, #20 Exhibit Ex T JFK email) (Ross, Steven) |
| Filing 26 AFFIDAVIT/DECLARATION in Opposition re #20 MOTION to Dismiss Ross Declaration filed by Unique Logistics International (NYC), LLC. (Ross, Steven) |
| Filing 25 MEMORANDUM in Opposition re #20 MOTION to Dismiss filed by Unique Logistics International (NYC), LLC. (Ross, Steven) |
| Filing 24 Letter re: Courtesy Copy Package of Motion Papers by Barend Oberholzer, Marcell Francois Oberholzer (Steel, Howard) |
| Filing 23 REPLY in Support re #20 MOTION to Dismiss filed by Barend Oberholzer, Marcell Francois Oberholzer. (Steel, Howard) |
| Filing 22 AFFIDAVIT/DECLARATION in Support re #20 MOTION to Dismiss filed by Barend Oberholzer, Marcell Francois Oberholzer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Steel, Howard) |
| Filing 21 MEMORANDUM in Support re #20 MOTION to Dismiss filed by Barend Oberholzer, Marcell Francois Oberholzer. (Steel, Howard) |
| Filing 20 MOTION to Dismiss by Barend Oberholzer, Marcell Francois Oberholzer. (Steel, Howard) |
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ORDER: Motion for Extension of Time to File #16 is terminated in light of Judge Carol Bagley Amon's July 27,2022 Order. Ordered by Magistrate Judge Taryn A. Merkl on 8/16/2022. (Chan, Kaity)
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| Filing 19 Consent MOTION for Extension of Time to File Response/Reply as to Scheduling Order,, by Barend Oberholzer, Marcell Francois Oberholzer. (Steel, Howard) |
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ORDER granting #19 Motion for Extension of Time to File Response/Reply. Defendants shall serve and file their reply by August 23, 2022. Ordered by Judge Carol Bagley Amon on 8/2/2022. (Turner, Margaret)
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| Filing 18 Letter Regarding Service of Opp to Motion to Dismiss by Unique Logistics International (NYC), LLC (Ross, Steven) |
| Filing 17 Second MOTION for Extension of Time to File Response/Reply On Consent by Unique Logistics International (NYC), LLC. (Ross, Steven) |
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ORDER granting #17 Second MOTION for Extension of Time to File Response/Reply. Plaintiff's opposition shall be served upon counsel for Defendants by August 1, 2022. Ordered by Judge Carol Bagley Amon on 7/28/2022. (Turner, Margaret)
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| Filing 16 Consent MOTION for Extension of Time to File Response/Reply , First MOTION for Extension of Time to File Opposition to Motion to Dismiss by Unique Logistics International (NYC), LLC. (Ross, Steven) |
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ORDER re #16 : Plaintiff's Motion for Extension of Time to File Opposition Papers is GRANTED. Plaintiff's opposition shall be served upon counsel for Defendants by July 29, 2022. Ordered by Judge Carol Bagley Amon on 7/27/2022. (Turner, Margaret)
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ORDER: Motion to Withdraw #15 is granted. So Ordered by Magistrate Judge Taryn A. Merkl on 7/13/2022. (Devanathan, Deepa)
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| Filing 15 MOTION to Withdraw as Attorney by Unique Logistics International (NYC), LLC. (Dawson, Eric) |
| Filing 14 Letter Regarding Service of Motion to Dismiss by Barend Oberholzer, Marcell Francois Oberholzer (Steel, Howard) |
| Filing 13 Letter Re: Proposed Briefing Schedule with Respect to Defendants' Motion to Dismiss by Barend Oberholzer, Marcell Francois Oberholzer (Dasaro, Stacy) |
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SCHEDULING ORDER: On consent of the parties, the briefing schedule proposed in defendants' June 29, 2022 letter is GRANTED. The briefing schedule on defendants' motion to dismiss is as follows. Defendants' motion is due on July 6, 2022. Plaintiff's brief in opposition is due on July 27, 2022. Any reply from the defendants is due by August 17, 2022. Oral argument will be scheduled in person before Judge Carol Bagley Amon in Courtroom 10D South at 2 p.m. on October 4, 2022. Ordered by Judge Carol Bagley Amon on 6/29/2022. (Calder, Joseph)
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Minute order and entry for pre-motion conference held before Judge Carol Bagley Amon on June 28, 2022. Appearances: For plaintiff Steven Ross. For defendants Stacy Dasaro. As stated on the record, the parties will file a proposed briefing schedule with the court by June 29, 2022. So ordered by Judge Carol Bagley Amon. (Court Reporter Michele Lucchese.) (Calder, Joseph)
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ORDER: A pre-motion conference will be held on June 28, 2022 at 10:00 a.m. on defendant's proposed motion to dismiss. The conference will be held by telephone. The parties are directed to call the toll-free number 888-398-2342, no later than 9:50 a.m. on June 28, 2022, and enter the access code 1840743, followed by the pound key. These proceedings will be recorded by a court reporter. The attorneys are reminded that they are not to independently record any court proceedings, pursuant to Local Civil Rule 1.8.Ordered by Judge Carol Bagley Amon on 6/24/2022. (Calder, Joseph)
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| Filing 12 NOTICE of Appearance by Howard S Steel on behalf of Barend Oberholzer, Marcell Francois Oberholzer (aty to be noticed) (Steel, Howard) |
| Filing 11 Letter Response to Request for Pre Motion Conference by Unique Logistics International (NYC), LLC (Ross, Steven) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Unique Logistics International (NYC), LLC. Marcell Francois Oberholzer waiver sent on 5/25/2022, answer due 7/24/2022. (Ross, Steven) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Unique Logistics International (NYC), LLC. Barend Oberholzer waiver sent on 5/25/2022, answer due 7/24/2022. (Ross, Steven) |
| Filing 8 Letter MOTION for pre motion conference by Barend Oberholzer, Marcell Francois Oberholzer. (Dasaro, Stacy) |
| Filing 7 NOTICE of Appearance by Sari Rosenfeld on behalf of Barend Oberholzer, Marcell Francois Oberholzer (aty to be noticed) (Rosenfeld, Sari) |
| Filing 6 NOTICE of Appearance by Stacy Dasaro on behalf of Barend Oberholzer, Marcell Francois Oberholzer (aty to be noticed) (Dasaro, Stacy) |
| 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 Summons Issued as to Barend Oberholzer, Marcell Francois Oberholzer. (Bowens, Priscilla) |
| Case Assigned to Judge Carol Bagley Amon and Magistrate Judge Taryn A. Merkl. 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) |
| Filing 2 NOTICE of Appearance by Eric Peter Dawson on behalf of Unique Logistics International (NYC), LLC (aty to be noticed) (Dawson, Eric) |
| Filing 1 COMPLAINT against Barend Oberholzer, Marcell Francois Oberholzer filing fee $ 402, receipt number ANYEDC-15500262 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Unique Logistics International (NYC), LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Ross, Steven) |
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