TNT USA Inc. v. DHL Express (USA), Inc.
Plaintiff: TNT USA Inc.
Defendant: DHL Express (USA), Inc.
Case Number: 2:2009cv00481
Filed: February 6, 2009
Court: US District Court for the Eastern District of New York
Office: Contract: Other Office
County: Suffolk
Presiding Judge: Arlene R Lindsay
Referring Judge: Joanna Seybert
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 24, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 24, 2013 Opinion or Order Filing 107 ORDER DISMISSING CASE, The parties, having stipulated, agree that this action is DISMISSED WITH PREJUDICE. This case is CLOSED. Ordered by Judge Joanna Seybert on 7/24/2013. (Nohs, Bonnie)
July 17, 2013 Filing 106 STIPULATION of Dismissal pursuant to Fed. R. CIV. P. 41(a)(1) with prejudice by DHL Express (USA), Inc. (Donley, Joseph)
May 30, 2013 Opinion or Order ORDER re #105 : the time for the parties to submit the joint proposed pretrial order is extended to July 12, 2013. Ordered by Magistrate Judge Arlene R. Lindsay on 5/30/2013. c/ecf (Imrie, Robert)
May 29, 2013 Filing 105 Letter MOTION for Extension of Time to File Joint Pre-Trial Order or, in the Alternative, a Rule 41 Stipulation by TNT USA Inc.. (Attachments: #1 Proposed Order) (Stahl, Gary)
May 7, 2013 Opinion or Order Filing 104 ORDER re: #103 Motion for Extension of Time to May 30, 2013 to File Joint Pre-Trial Order is GRANTED. Ordered by Judge Joanna Seybert on 5/7/2013. (Nohs, Bonnie)
April 17, 2013 Filing 103 Letter MOTION for Extension of Time to File Joint Pre-Trial Order by TNT USA Inc.. (Attachments: #1 Stipulation and Order Extending Time to File Joint Pre-Trial Order) (Stahl, Gary)
March 19, 2013 Opinion or Order Filing 102 ORDER re: #96 Plaintiff's Motion for Reconsideration is DENIED. Ordered by Judge Joanna Seybert on 3/19/2013. (Nohs, Bonnie)
April 17, 2012 Filing 101 REPLY in Support re #96 Notice of MOTION for Reconsideration re #95 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,,,, filed by TNT USA Inc.. (Stahl, Gary)
April 4, 2012 Filing 100 CERTIFICATE OF SERVICE by DHL Express (USA), Inc. re #99 Memorandum in Opposition to Motion for Reconsideration (Donley, Joseph)
April 4, 2012 Filing 99 MEMORANDUM in Opposition re #96 Notice of MOTION for Reconsideration re #95 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,,,, filed by DHL Express (USA), Inc.. (Donley, Joseph)
March 14, 2012 Opinion or Order ORDER GRANTING #98 Motion for Extension of Time to File Response/Reply. The schedule proposed in docket entry #98 is hereby SO ORDERED. Ordered by Judge Joanna Seybert on 3/14/2012. (Curley, John)
March 13, 2012 Filing 98 MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Reconsideration and for extension of time to submit the Joint Pre-trial Order by DHL Express (USA), Inc.. (Attachments: #1 Proposed Order) (Donley, Joseph)
March 8, 2012 Filing 97 MEMORANDUM in Support re #96 Notice of MOTION for Reconsideration re #95 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,,,, filed by TNT USA Inc.. (Stahl, Gary)
March 8, 2012 Filing 96 Notice of MOTION for Reconsideration re #95 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,,,, by TNT USA Inc.. (Stahl, Gary)
February 23, 2012 Opinion or Order Filing 95 MEMORANDUM AND ORDER granting in part and denying in part #83 Motion for Summary Judgment; granting #87 Motion for Partial Summary Judgment. For the following reasons, TNT's motion for summary judgment (Docket Entry 83) is GRANTED IN PART AND DENIED IN PART. It is granted as to liability and denied as to damages. DHL's motion for partial summary judgment limiting damages to the two-year notice period (Docket Entry 87) is GRANTED. The parties shall file their joint pre-trial order within thirty days from the date of this Order. They shall direct the pretrial order to Magistrate Judge Lindsay in the first instance. So Ordered by Judge Joanna Seybert on 2/23/2012. C/ECF (Valle, Christine)
December 21, 2011 Opinion or Order Filing 94 ORDER granting #92 Motion to Withdraw Attorney Meredith Schaum. So Ordered by Judge Joanna Seybert on 12/20/11. C/ECF (Valle, Christine)
December 19, 2011 Filing 93 CERTIFICATE OF SERVICE by DHL Express (USA), Inc. re #92 MOTION to Withdraw Meredith Schaum as attorney of record (Donley, Joseph)
December 16, 2011 Filing 92 MOTION to Withdraw Meredith Schaum as attorney of record by DHL Express (USA), Inc.. (Donley, Joseph)
September 28, 2011 Filing 91 Letter requesting oral argument in connection with both plaintiff's motion for summary judgment and defendant's motion for partial summary judgment by DHL Express (USA), Inc. (Donley, Joseph)
September 23, 2011 Filing 90 REPLY in Support re #87 MOTION for Partial Summary Judgment filed by DHL Express (USA), Inc.. (Donley, Joseph)
September 9, 2011 Filing 89 AFFIDAVIT/DECLARATION in Opposition re #87 MOTION for Partial Summary Judgment and in further support of Plaintiff TNT's Motion for Summary Judgment filed by TNT USA Inc.. (Attachments: #1 Exhibit Exhibits 60-61, #2 Exhibit Exhibits 62-67 (66 and 67 redacted)) (Stahl, Gary)
September 9, 2011 Filing 88 MEMORANDUM in Opposition re #87 MOTION for Partial Summary Judgment and in further support of Plaintiff TNT's Motion for Summary Judgment filed by TNT USA Inc.. (Stahl, Gary)
August 15, 2011 Filing 87 MOTION for Partial Summary Judgment by DHL Express (USA), Inc.. (Attachments: #1 Memorandum in Support of Defendant's Motion for Partial Summary Judgment and in Opposition to Plaintiff's Motion for Summary Judgment, #2 Declaration of George Wukoson, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5, #8 Exhibit Exhibit 6, #9 Exhibit Exhibit 7, #10 Exhibit Exhibit 8, #11 Exhibit Exhibit 9, #12 Exhibit Exhibit 10, #13 Exhibit Exhibit 11, #14 Exhibit Exhibit 12, #15 Exhibit Exhibit 13, #16 Exhibit Exhibit 14, #17 Exhibit Exhibit 15, #18 Exhibit Exhibit 16, #19 Exhibit Exhibit 17, #20 Exhibit Exhibit 18, #21 Exhibit Exhibit 19, #22 Exhibit Exhibit 20, #23 Exhibit Exhibit 21, #24 Exhibit Exhibit 22, #25 Exhibit Exhibit 23, #26 Exhibit Exhibit 24) (Donley, Joseph)
July 13, 2011 NOTICE: Please disregard document #84 as it was filed without exhibits. Refer to document #85 for declaration with exhibits. (Chee, Alvin)
July 12, 2011 Filing 86 MEMORANDUM in Support re #83 Notice of MOTION for Summary Judgment filed by TNT USA Inc.. (Stahl, Gary)
July 12, 2011 Filing 85 AFFIDAVIT/DECLARATION in Support re #83 Notice of MOTION for Summary Judgment Declaration of Gary A. Stahl filed by TNT USA Inc.. (Attachments: #1 Exhibit Exhibits 1-6, #2 Exhibit Exhibits 7-9, #3 Exhibit Exhibits 10-14, #4 Exhibit Exhibits 15-22, #5 Exhibit Exhibits 23-29, #6 Exhibit Exhibits 30-36, #7 Exhibit Exhibits 37-42, #8 Exhibit Exhibit 43, #9 Exhibit Exhibits 44-59) (Stahl, Gary)
July 12, 2011 Filing 84 AFFIDAVIT/DECLARATION in Support re #83 Notice of MOTION for Summary Judgment Declaration of Gary A. Stahl filed by TNT USA Inc.. (Stahl, Gary)
July 12, 2011 Filing 83 Notice of MOTION for Summary Judgment by TNT USA Inc.. Responses due by 8/15/2011 (Stahl, Gary)
July 12, 2011 Filing 82 NOTICE of Appearance by Jenny Ann Hughes on behalf of DHL Express (USA), Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Hughes, Jenny)
July 11, 2011 Opinion or Order Filing 81 ORDER granting #80 Motion for Leave to File. Application GRANTED. So Ordered by Judge Joanna Seybert on 7/11/11. C/ECF (Valle, Christine)
July 8, 2011 Filing 80 Letter MOTION for Leave to File Consolidated Briefs on Parties' Respective Motions for Summary Judgment, filed on behalf of all parties by TNT USA Inc.. (Stahl, Gary)
June 9, 2011 Opinion or Order ORDER GRANTING #79 Motion for Extension of Time to File Pre-Trial Order. The Pre-Trial Order shall be due thirty (30) days after the Court's ruling on the cross-motions for summary judgment. Ordered by Judge Joanna Seybert on 6/9/2011. (Curley, John)
June 8, 2011 Filing 79 Letter MOTION for Extension of Time to File to file proposed joint pre-trial order by DHL Express (USA), Inc.. (Schaum, Meredith)
June 7, 2011 Opinion or Order Filing 78 MEMORANDUM & ORDER granting in part #70 Motion for Reconsideration. For the reasons set forth herein, TNTs motion for reconsideration is GRANTED IN PART. Inasmuch as Judge Lindsay granted DHL's motion to compel the deposition of Alan Corps on topics beyond the shipping rates TNT charged to its affiliates, that deposition may still go forward, except that counsel shall not pursue questions related to the rates charged to TNT's affiliates. So Ordered by Judge Joanna Seybert on 6/7/2011. C/ECF (Valle, Christine)
June 7, 2011 Filing 77 Minute Entry for proceedings held before Judge Joanna Seybert: Pre-Motion Conference held on 6/7/2011. Motion to be filed by 7/12/2011; Response by 8/15/2011; Reply by 9/9/2011. Cross-motion to be filed by 8/15/2011; Response by 9/9/2011; Reply by 9/23/2011. (Baran, Charles)
June 1, 2011 Filing 76 REPLY in Support re #70 Notice of MOTION for Reconsideration re #66 Memorandum & Opinion Issued on May 2, 2011 [Reply Memorandum of Law] filed by TNT USA Inc.. (Stahl, Gary)
May 25, 2011 Filing 75 MEMORANDUM in Opposition re #70 Notice of MOTION for Reconsideration re #66 Memorandum & Opinion Issued on May 2, 2011 filed by DHL Express (USA), Inc.. (Attachments: #1 Certificate of Service) (Donley, Joseph)
May 25, 2011 Filing 74 NOTICE of Appearance by Meredith Schaum on behalf of DHL Express (USA), Inc. (aty to be noticed) (Schaum, Meredith)
May 19, 2011 Email Notification Test - DO NOT REPLY. (Valle, Christine)
May 18, 2011 Opinion or Order Filing 73 ORDER granting #72 Motion to Withdraw. The Clerk of Court is directed to updated the docket sheet to reflect this Order and Judge Lindsay's Orders dated 5/3/11. So Ordered by Judge Joanna Seybert on 5/18/11. C/ECF (Valle, Christine)
May 17, 2011 Filing 72 MOTION to Withdraw Orrick, Herrington & Sutcliffe LLP as Counsel for DHL Express (USA), Inc. by DHL Express (USA), Inc.. (Attachments: #1 Affidavit Of Elyse D. Echtman Pursuant To Local Civil Rule 1.4 In Support Of Motion To Withdraw, #2 Proposed Order) (Echtman, Elyse)
May 12, 2011 Incorrect Case/Document/Entry Information - Document #71 filed on 5/11/11 by Gary Stahl as "Motion for Reconsideration" has been modified to reflect correct entry information. This document is a Memorandum of Law and NOT a Motion. All corrections have been entered. (Valle, Christine)
May 11, 2011 Motions terminated; docketed incorrectly: #71 MOTION for Reconsideration re #66 Memorandum & Opinion ; Plaintiff's Memorandum of Law in Support of Motion for Reconsideration of the Court's May 2, 2011 Memorandum and Order filed by TNT USA Inc. (Valle, Christine)
May 11, 2011 Filing 71 Plaintiff's Memorandum of Law in Support Re: #70 Motion for Reconsideration of the Court's May 2, 2011 Memorandum and Order by TNT USA Inc. (Stahl, Gary) Modified on 5/12/2011 to correct entry information. (Valle, Christine).
May 11, 2011 Filing 70 Notice of MOTION for Reconsideration re #66 Memorandum & Opinion Issued on May 2, 2011 by TNT USA Inc.. (Stahl, Gary)
May 9, 2011 Opinion or Order ORDER granting #69 : The parties' application to extend the deadline to file their proposed pretrial order to June 28, 2011 is granted. Ordered by Magistrate Judge Arlene R. Lindsay on 5/9/2011. c/ecf (Johnston, Linda)
May 6, 2011 Filing 69 MOTION for Extension of Time to File Pre-Trial Order by DHL Express (USA), Inc.. (Donley, Joseph)
May 6, 2011 Filing 68 NOTICE of Appearance by Daniel Dov Edelman on behalf of TNT USA Inc. (aty to be noticed) (Edelman, Daniel)
May 5, 2011 Set/Reset Hearings: Pre-Motion Conference set for 6/7/2011 at 2:00pm in Courtroom 1030 before Judge Joanna Seybert. (Baran, Charles) Modified on 5/5/2011 (Baran, Charles).
May 5, 2011 Opinion or Order ORDER granting #67 Motion to Adjourn Conference. Ordered by Judge Joanna Seybert on 5/5/2011. (Baran, Charles)
May 4, 2011 Filing 67 Letter MOTION to Adjourn Conference by DHL Express (USA), Inc.. (Donley, Joseph)
May 3, 2011 Opinion or Order ORDER granting #64 : The motion of Edwin V. Woodsome for leave to appear pro hac vice is granted. Ordered by Magistrate Judge Arlene R. Lindsay on 5/3/2011. c/ecf (Johnston, Linda)
May 3, 2011 Opinion or Order ORDER granting #63 : The motion of William W. Oxley for leave to appear pro hac vice is granted. Ordered by Magistrate Judge Arlene R. Lindsay on 5/3/2011. c/ecf (Johnston, Linda)
May 3, 2011 Opinion or Order ORDER granting #65 : The motion of Andrew S. Wong for leave to appear pro hac vice is granted. Ordered by Magistrate Judge Arlene R. Lindsay on 5/3/2011. c/ecf (Johnston, Linda)
May 2, 2011 Opinion or Order Filing 66 MEMORANDUM AND ORDER - For the reasons set forth herein, TNT's objections to the January Orders are overruled and the Orders are affirmed in their entirety. So Ordered by Judge Joanna Seybert on 5/2/11. C/ECF (Valle, Christine)
May 2, 2011 Filing 65 MOTION for Leave to Appear Pro Hac Vice of Andrew S. Wong, Esq. Filing fee $ 25, receipt number 0207-4772939. by DHL Express (USA), Inc.. (Attachments: #1 Affidavit in Support of Motion To Admit Andrew S. Wong, Esq.Pro Hac Vice, #2 Affidavit in Support of Pro Hac Vice Motion, #3 Proposed Order for Admission of Andrew S. Wong, Esq.Pro Hac Vice, #4 Certificate of Service) (Donley, Joseph)
May 2, 2011 Filing 64 MOTION for Leave to Appear Pro Hac Vice of Edwin V. Woodsome, Esq. Filing fee $ 25, receipt number 0207-4772926. by DHL Express (USA), Inc.. (Attachments: #1 Affidavit in Support of Motion To Admit Edwin V. Woodsome, Esq., #2 Affidavit in Support of Pro Hac Vice Motion, #3 Proposed Order for Admission of Edwin V. Woodsome, Esq. Pro Hac Vice, #4 Certificate of Service) (Donley, Joseph)
May 2, 2011 Filing 63 MOTION for Leave to Appear Pro Hac Vice of William W. Oxley, Esq. Filing fee $ 25, receipt number 0207-4772892. by DHL Express (USA), Inc.. (Attachments: #1 Affidavit in Support of Motion To Admit William W. Oxley, Esq. Pro Hac Vice, #2 Affidavit in Support of Pro Hac Vice Motion, #3 Proposed Order for Admission of William W. Oxley, Esq. Pro Hac Vice, #4 Certificate of Service) (Donley, Joseph)
April 27, 2011 Filing 62 NOTICE of Appearance by Joseph F. Donley on behalf of DHL Express (USA), Inc. (aty to be noticed) (Donley, Joseph)
April 27, 2011 Filing 61 NOTICE of Change of Firm and Address by Christopher S. Ruhland (Ruhland, Christopher)
April 27, 2011 Email Notification Test - DO NOT REPLY. (Valle, Christine)
March 30, 2011 Opinion or Order Filing 60 ORDER granting #57 , #58 Motions for Pre-Motion Conference. Ordered by Judge Joanna Seybert on 3/30/2011. (Baran, Charles)
March 30, 2011 Set/Reset Hearings: Pre-Motion Conference set for 5/6/2011 at 10:00am in Courtroom 1030 before Judge Joanna Seybert. (Baran, Charles)
March 22, 2011 Filing 59 RESPONSE to Motion re #58 Letter MOTION for pre motion conference re #51 Letter in response to DHL's request for a Pre-Motion conference with respect to its motion for partial summary judgment filed by TNT USA Inc.. (Stahl, Gary)
March 17, 2011 Filing 58 Letter MOTION for pre motion conference re #51 Letter by DHL Express (USA), Inc.. (Attachments: #1 Exhibit A (DHL'S Rule 56.1 Statement), #2 Exhibit B (TNT's Rule 56.1 Counter-Statement)) (Echtman, Elyse)
March 10, 2011 Filing 57 Letter MOTION for pre motion conference re #49 Letter Requesting Pre-Motion Conference with respect to Plaintiff's Motion for Summary Judgment by TNT USA Inc.. (Attachments: #1 Exhibit Exh. A (TNT's Rule 56 Statement of Material Facts Not in Dispute, #2 Exhibit Exh. B, (Deft's counter-statement)) (Stahl, Gary)
February 22, 2011 Filing 56 Letter to the Hon. Joanna Seybert regarding TNT USA Inc.'s Reply Memorandum In Further Support Of Its Objections To The Magistrate Judge's Orders Dated January 6 and January 19, 2011 by DHL Express (USA), Inc. (Echtman, Elyse)
February 14, 2011 Filing 55 DECLARATION re #54 Appellant's Reply Brief, #47 Appeal of Magistrate Judge Decision to District Court,, Reply Declaration by TNT USA Inc. (Attachments: #1 Exhibit Reply Exhs. 27-30, Redacted, #2 Exhibit Reply Exhs. 31-34, Partially Redacted) (Stahl, Gary)
February 14, 2011 Filing 54 Appellant's REPLY BRIEF by TNT USA Inc.. (Stahl, Gary)
February 7, 2011 Filing 53 DECLARATION re #47 Appeal of Magistrate Judge Decision to District Court,, #48 Appellant's Brief by DHL Express (USA), Inc. (Attachments: #1 Exhibits 1-8, #2 Exhibits 9-14, #3 Exhibits 15-18, #4 Exhibits 19-26) (Echtman, Elyse)
February 7, 2011 Filing 52 MEMORANDUM in Opposition re #47 Appeal of Magistrate Judge Decision to District Court,, #48 Appellant's Brief filed by DHL Express (USA), Inc.. (Echtman, Elyse)
February 2, 2011 Opinion or Order ORDER granting #50 : In view of the parties' intentions to file dispositive motions, plaintiff's request of an adjournment of the final conference, on consent, is granted without date. If the parties believe that a settlement conference would be fruitful, they should contact the court to reschedule the conference. The plaintiff's requst for an extension of time to file a proposed pretrial order without date pending the disposition of the dispositive motions is denied. The parties are directed to electronically file a proposed joint pretrial order within two weeks from the date of the district court's decision on plaintiff's pending motion pursuant to Rule 72(a). Ordered by Magistrate Judge Arlene R. Lindsay on 2/2/2011. c/ecf (Johnston, Linda)
February 1, 2011 Filing 51 Letter to The Honorable Joanna Seybert advising the Court that Defendant will be moving for partial summary judgment. by DHL Express (USA), Inc. (Echtman, Elyse)
February 1, 2011 Filing 50 Letter MOTION to Adjourn Conference , filed Jointly by Both Parties, Concerning Feb. 8, 2011 Conference and Pre-Trial Order, by TNT USA Inc.. (Stahl, Gary)
January 28, 2011 Filing 49 Letter advising the Court that pursuant to Rule IV.F.2 of Judge Seybert's Individual Motion Practices, plaintiff TNT USA Inc. has commenced dispositive motion practice by TNT USA Inc. (Stahl, Gary)
January 20, 2011 Filing 48 MEMORANDUM OF LAW/BRIEF by TNT USA Inc. (Stahl, Gary) Modified on 1/24/2011 to edit entry information. (Valle, Christine). (Main Document 48 replaced on 1/24/2011) (Valle, Christine).
January 20, 2011 Filing 47 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by TNT USA Inc. re #46 Order on Motion to Compel, #42 Order on Motion to Compel, (Attachments: #1 Declaration Decl. of Gary A. Stahl In Support of TNT's Objections to the Magistrate Judge's Orders dated January 6, 2011 and January 19, 2011, #2 Exhibit Exhibits 1-5 to the foregoing Declaration, #3 Exhibit Exhibits 6-10 to the foregoing Declaration, #4 Exhibit Exhibits 11-18 to the foregoing Declaration, #5 Exhibit Exhibits 19-26 to the foregoing Declaration) (Stahl, Gary) (Attachment 4 replaced on 1/24/2011) (Valle, Christine).
January 19, 2011 Opinion or Order Filing 46 ORDER re #43 : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 1/19/2011. c/ecf (Johnston, Linda)
January 14, 2011 Filing 45 RESPONSE in Opposition re #43 Letter MOTION to Compel and Letter Motion to Extend filed by TNT USA Inc.. (Attachments: #1 Exhibit Exhibits A-E, #2 Exhibit Exhibits F-G) (Stahl, Gary)
January 13, 2011 Filing 44 Letter /Unredacted Letter Motion dated 12/22/10 as per Order dated January 6, 2011 by DHL Express (USA), Inc. (Attachments: #1 Exhibits 1-4) (Echtman, Elyse)
January 11, 2011 Filing 43 Letter MOTION to Compel and Letter Motion to Extend by DHL Express (USA), Inc.. (Attachments: #1 Exhibits 1-13) (Echtman, Elyse)
January 6, 2011 Opinion or Order Filing 42 ORDER re: #38 #39 : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 1/6/2011. c/ecf (Johnston, Linda)
December 29, 2010 Filing 41 RESPONSE in Opposition re #39 Letter MOTION to Compel Production of Documents or, Alternatively, Inspection of Defendant's Computer System filed by DHL Express (USA), Inc.. (Attachments: #1 Exhibits 1-3) (Echtman, Elyse)
December 27, 2010 Filing 40 RESPONSE in Opposition re #38 Letter MOTION to Compel Deposition and Document Discovery from Plaintiff TNT USA, Inc. filed by TNT USA Inc.. (Attachments: #1 Exhibit Exh. A, #2 Exhibit Exh. B, #3 Exhibit Exh. C, #4 Exhibit Exh. D, #5 Exhibit Exh. E, #6 Exhibit Exh. F, #7 Exhibit Exh. G) (Stahl, Gary)
December 23, 2010 Filing 39 Letter MOTION to Compel Production of Documents or, Alternatively, Inspection of Defendant's Computer System by TNT USA Inc.. (Attachments: #1 Exhibit Exhs. A-H partially redacted) (Stahl, Gary)
December 22, 2010 Filing 38 Letter MOTION to Compel Deposition and Document Discovery from Plaintiff TNT USA, Inc. by DHL Express (USA), Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Echtman, Elyse)
December 22, 2010 Opinion or Order Filing 37 ORDER re #33 #34 #35 #36 : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 12/22/2010. c/ecf (Johnston, Linda)
December 20, 2010 Filing 36 Letter MOTION to Compel , re-filed motion of Dec. 10, 2010, with redactions and without request to seal, by TNT USA Inc.. (Attachments: #1 Exhibit Exhs. A-E, with Exh. E redacted, #2 Exhibit Exh. F, with redactions, #3 Exhibit Exhs. G-I, with redactions) (Stahl, Gary)
December 20, 2010 Filing 35 Letter Concerning Re-Filing of Dec. 10, 2010 Letter-Motion to Compel by TNT USA Inc. (Stahl, Gary)
December 15, 2010 Filing 34 RESPONSE in Opposition re #33 MOTION to Seal Document TNT's Letter-Motion to Compel filed by DHL Express (USA), Inc.. (Attachments: #1 Exhibit 1) (Echtman, Elyse)
December 10, 2010 Filing 33 MOTION to Seal Document TNT's Letter-Motion to Compel by TNT USA Inc.. (Attachments: #1 Motion to Compel Depositions of DHL Employees, and for Related Relief, #2 Exhibit Exhs. A-E to TNT's Letter-Motion, #3 Exhibit Exh. F to TNT's Letter-Motion, #4 Exhibit Exhs. G-I to TNT's Letter-Motion) (Stahl, Gary)
November 29, 2010 Filing 32 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on NOVEMBER 22, 2010,CIVIL CAUSE FOR HEARING HELD before MAG. JUDGE ARLENE R. LINDSAY. Court Reporter/Transcriber JNUE RAND @ terry gribben's transcription service 27 beach road, unit 4 Monmouth Beach, NJ 07750, Telephone number June Rand (732) 263-0044 fax no. (732) 263-0075. Email address: www.tgribbentranscription.com. Tape Number: FTR/DRIVE/TIME:. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/20/2010. Redacted Transcript Deadline set for 12/30/2010. Release of Transcript Restriction set for 2/28/2011.KEITH ANGELO JONES. (Jones, Keith)
November 22, 2010 Filing 31 Minute Order. for proceedings held before Magistrate Judge Arlene R. Lindsay: Status Conference held. Rulings made on the record. The plaintiffs motion to compel dated November 4, 2010 is denied. The relief sought in that application was already addressed by the court at a hearing on April 19, 2010 and the court adheres to that ruling. Plaintiffs motion to produce DHLs CEO Ian Clough for a deposition is denied, and defendant may submit a sworn affidavit from Mr. Clough. Defendant agreed to produce DHL Vice President Hank Gibson for a deposition which may be conducted by telephone. Plaintiff is directed tol make the arrangements for the telephone deposition. Defendant is directed to conduct another search of its electronically stored information for the period of May through November 2008 and produce all e-mail communications between TNT and DHL during that time period. Plaintiffs motion to compel production of DHLs internal governance and business planning model is denied. The plaintiffs motion to compel documents from defendants privilege log is denied. The defendants motion to compel discovery concerning the cost of cover damages is denied at this time based on counsels representation. All discovery, inclusive of expert discovery, is to be completed by January 14, 2011. Any party planning on making a dispositive motion must take the first step in the motion process by January 20, 2011. The final conference is scheduled for February 8, 2011 at 11:00 a.m. The parties are directed to file a joint proposed pretrial order prior to the final conference. No further extensions will be granted. Motion Nos. #23 , #27 , #28 terminated.(ESR 3:43 - 4:41.) (Imrie, Robert)
November 19, 2010 Filing 30 RESPONSE in Opposition re #27 Letter MOTION to Compel Discovery And Deposition Dates From Plaintiff TNT USA, Inc. filed by TNT USA Inc.. (Attachments: #1 Exhibit Exhs. A-D) (Stahl, Gary)
November 19, 2010 Filing 29 RESPONSE in Opposition re #28 Letter MOTION to Compel Production of Documents Inappropriately Withheld on Grounds of Privilege filed by DHL Express (USA), Inc.. (Echtman, Elyse)
November 16, 2010 Document #26 terminated. See Order dated 11/16/2010. (Imrie, Robert)
November 16, 2010 Filing 28 Letter MOTION to Compel Production of Documents Inappropriately Withheld on Grounds of Privilege by TNT USA Inc.. (Attachments: #1 Exhibit Exhs. A-D, #2 Exhibit Exhs. E-H) (Stahl, Gary)
November 16, 2010 Filing 27 Letter MOTION to Compel Discovery And Deposition Dates From Plaintiff TNT USA, Inc. by DHL Express (USA), Inc.. (Attachments: #1 Exhibits 1-6) (Echtman, Elyse)
November 16, 2010 Opinion or Order ORDER re #26 : The motion of Christopher S. Ruhland for leave to appear pro hac vice is granted. Ordered by Magistrate Judge Arlene R. Lindsay on 11/16/2010. c/ecf (Johnston, Linda)
November 15, 2010 Filing 26 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice For Christopher S. Ruhland Filing fee $ 25, receipt number 0207-4465598. by DHL Express (USA), Inc.. (Attachments: #1 Affidavit of J. Peter Coll, Jr. In Support, #2 Exhibit A - Affidavit of Christopher S. Ruhland In Support, #3 Exhibit 1 - Certificate of Good Standing, #4 Exhibit B - Proposed Order) (Coll, J.)
November 10, 2010 Opinion or Order Filing 25 ORDER re #23 #24 : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 11/10/2010. c/ecf (Johnston, Linda) (Main Document 25 replaced on 11/10/2010) (Imrie, Robert).
November 10, 2010 Opinion or Order ORDER re #23 #24 The court received a telephone call from counsel requesting permission to file a reply to the application. Having reviewed the application and response, the request is denied at this time. The parties will be advised should the court require an additional response. Ordered by Magistrate Judge Arlene R. Lindsay on 11/10/2010. c/ecf (Johnston, Linda)
November 9, 2010 Filing 24 RESPONSE to Motion re #23 Letter MOTION to Compel Inspection of ESI, Document Production and Production of Witnesses for Depositions filed by DHL Express (USA), Inc.. (Attachments: #1 Exhibits 1-3, #2 Exhibit 4, #3 Exhibits 5-8) (Echtman, Elyse)
November 4, 2010 Filing 23 Letter MOTION to Compel Inspection of ESI, Document Production and Production of Witnesses for Depositions by TNT USA Inc.. (Attachments: #1 Exhibit Exhibits A-F, #2 Exhibit Exhibits G-K, #3 Exhibit Exhibits L-P) (Stahl, Gary)
August 11, 2010 Opinion or Order Filing 22 ORDER re #20 #21 : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 8/11/2010. c/ecf (Miller, Dina) (Imrie, Robert).
August 9, 2010 Filing 21 Letter To The Honorable Arlene R. Lindsay, re: Status Report Regarding Settlement Discussions And Renewed Request To Refer The Parties To Mediation by DHL Express (USA), Inc. (Echtman, Elyse)
August 9, 2010 Filing 20 Letter Requesting Termination of Prior Stay relating to Settlement Negotiations and Entry of Discovery Schedule by TNT USA Inc. (Stahl, Gary)
July 8, 2010 Opinion or Order STATUS REPORT ORDER granting #19 : On consent, a further status report regarding settlement discussions shall be submitted by 8/9/2010. Ordered by Magistrate Judge Arlene R. Lindsay on 7/8/2010. (c/ecf) (Warshaw, Aaron)
July 7, 2010 Filing 19 Letter Submitted Jointly to Request Extension of Prior Court-Ordered Stay in order to pursue settlement negotiations by TNT USA Inc. (Stahl, Gary)
June 22, 2010 Opinion or Order STATUS REPORT ORDER re #18 : On consent, a further status report regarding settlement discussions shall be submitted by 7/7/2010. Ordered by Magistrate Judge Arlene R. Lindsay on 6/22/2010. (c/ecf) (Warshaw, Aaron)
June 21, 2010 Filing 18 Letter /Joint Letter To The Honorable Arlene R. Lindsay, re: Status Of The Parties' Settlement Negotiations by DHL Express (USA), Inc. (Echtman, Elyse)
May 20, 2010 Opinion or Order ORDER re #17 : Application granted. By June 21, 2010, parties shall submit a joint status letter advising the court as to the outcome of the parties' settlement talks, and should settlement not be reached, parties shall provide a proposed schedule to ready this case for trial.Upon the lift of the stay of discovery, the plaintiff shall provide any memoranda from January, 2008 through November 7, 2008 that would bear upon the claim that TNT USA was contemplating the termination of the contract. Ordered by Magistrate Judge Arlene R. Lindsay on 5/20/2010. c/ecf (Miller, Dina)
May 19, 2010 Filing 17 Letter /Joint Letter to The Honorable Arlene R. Lindsay, re: Status of the parties' settlement and request to extend the stay of discovery by an additional 30 days by DHL Express (USA), Inc. (Echtman, Elyse)
April 19, 2010 Filing 16 Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay:Status Conference held on 4/19/2010. Conference held. Rulings made on the record. Discovery is stayed until May 19, 2010. By May 19, 2010, parties shall submit a joint status letter advising the court as to the outcome of the parties' settlement talks, and should settlement not be reached, parties shall provide a proposed schedule to ready this case for trial.Upon the lift of the stay of discovery, the plaintiff shall provide any memoranda from January, 2008 through November 7, 2008 that would bear upon the claim that TNT USA was contemplating the termination of the contract. (Horbey, Eric)
April 19, 2010 Opinion or Order ORDER terminating #12 Motion to Compel; terminating #13 Motion to Compel. Motions resolved by the minute entry of 4/19/2010. Ordered by Magistrate Judge Arlene R. Lindsay on 4/19/2010. (Horbey, Eric)
April 5, 2010 Opinion or Order ORDER re #12 , #13 : An in-person status conference before the undersigned is scheduled for 4/19/2010 at 11:00 a.m. Ordered by Magistrate Judge Arlene R. Lindsay on 4/5/2010. (c/ecf) (Warshaw, Aaron)
March 31, 2010 Filing 15 RESPONSE to Motion re #13 Letter MOTION to Compel Defendant's Production of Documents filed by DHL Express (USA), Inc.. (Echtman, Elyse)
March 29, 2010 Filing 14 RESPONSE to Motion re #12 Letter MOTION to Compel Discovery filed by TNT USA Inc.. (Attachments: #1 Exhibit A through I) (Stahl, Gary)
March 26, 2010 Filing 13 Letter MOTION to Compel Defendant's Production of Documents by TNT USA Inc.. (Attachments: #1 Exhibit A through I) (Stahl, Gary)
March 24, 2010 Filing 12 Letter MOTION to Compel Discovery by DHL Express (USA), Inc.. (Attachments: #1 Exhibits A-G) (Echtman, Elyse)
March 2, 2010 Opinion or Order ORDER granting #11 : The Stipulated Protective Order is so ordered. All discovery, inclusive of expert discovery, is to be completed by June 2, 2010. Any party planning on making a dispositive motion shall take the first step in the motion process by June 16, 2010. The final conference scheduled for April 56, 2010 is adjourned to June 28, 2010 at 2:00 p.m. The parties are directed to electronically file the proposed joint pretrial order prior to the conference. No further adjournments will be granted without a showing of manifest injustice. c/ecf. Ordered by Magistrate Judge Arlene R. Lindsay on 3/2/2010. (Miller, Dina).
March 1, 2010 Filing 11 Joint MOTION for Extension of Time to Complete Discovery by TNT USA Inc.. (Attachments: #1 Proposed Order Enlarging Discovery Period, #2 Proposed Order Stipulated Protective Order) (Stahl, Gary)
December 3, 2009 Filing 10 Amended ANSWER to #1 Complaint by DHL Express (USA), Inc.. (Echtman, Elyse)
December 3, 2009 Opinion or Order STIPULATION AND ORDER re #9 : The stipulation is so ordered. Defendant is directed to file an amended answer on ECF. Ordered by Magistrate Judge Arlene R. Lindsay on 12/3/2009. (c/ecf) (Warshaw, Aaron)
December 2, 2009 Filing 9 STIPULATION Of Consent To DHL Express (USA), Inc.'s Amendment Of Its Answer by DHL Express (USA), Inc. (Echtman, Elyse)
August 27, 2009 Opinion or Order Filing 8 SCHEDULING ORDER: Final Pretrial Conference set for 4/5/2010 11:30 AM before Magistrate Judge Arlene R. Lindsay. Ordered by Magistrate Judge Arlene R. Lindsay on 8/27/2009. (Horbey, Eric)
August 27, 2009 Opinion or Order ORDER re #7 : On consent, and in light of the parties' agreement with the proposed scheduling order, the initial conference is canceled and the proposed order will be entered. To the extent that defendant requests that the case be referred to mediation but plaintiff first seeks to conduct discovery, the application is denied without prejudice to renew as a joint request. Ordered by Magistrate Judge Arlene R. Lindsay on 8/27/2009. (c/ecf) (Warshaw, Aaron)
August 26, 2009 Filing 7 Letter to Magistrate Judge Lindsay by TNT USA Inc. (Stahl, Gary)
July 1, 2009 Opinion or Order Filing 6 Initial Conference ORDER: If counsel cannot agree to the proposed schedule or minor modifications thereof, as attached, they are directed to appear before the undersigned in Courtroom 810, United States Federal Courthouse, Central Islip, New York at the date and time provided in the initial conference order. See attachments for details. Ordered by Magistrate Judge Arlene R. Lindsay on 7/1/2009. (Attachments: #1 Proposed Order)(c/ecf) (Horbey, Eric)
April 3, 2009 Email Notification Test - DO NOT REPLY (Fernandez, Erica)
March 30, 2009 Email Notification Test - DO NOT REPLY. (Valle, Christine)
March 27, 2009 Filing 5 Corporate Disclosure Statement by DHL Express (USA), Inc. (Echtman, Elyse)
March 27, 2009 Filing 4 ANSWER to #1 Complaint by DHL Express (USA), Inc.. (Echtman, Elyse)
March 2, 2009 Filing 3 STIPULATION and Proposed Order by DHL Express (USA), Inc. (Echtman, Elyse)
March 2, 2009 Opinion or Order STIPULATION AND ORDER re #3 : The time for defendant to answer, move or otherwise respond to the complaint is extended to 3/27/2009. Ordered by Magistrate Judge Arlene R. Lindsay on 3/2/2009. (c/ecf) (Warshaw, Aaron)
February 11, 2009 Case Ineligible for Arbitration (Bollbach, Jean)
February 6, 2009 Filing 2 DISCLOSURE of Interested Parties by TNT USA Inc.. (Duong, Susan)
February 6, 2009 Filing 1 COMPLAINT ( Receipt# 362808) against DHL Express (USA), Inc. $ 350, filed by TNT USA Inc.. (Attachments: #1 Civil Cover Sheet) (Duong, Susan)
February 6, 2009 Summons Issued as to DHL Express (USA), Inc.. (Duong, Susan)

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Search for this case: TNT USA Inc. v. DHL Express (USA), Inc.
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Plaintiff: TNT USA Inc.
Represented By: Gary Alexander Stahl
Represented By: Jeffrey W. Pagano
Represented By: Daniel Dov Edelman
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Defendant: DHL Express (USA), Inc.
Represented By: Elyse Debra Echtman
Represented By: J. Peter Coll, Jr
Represented By: Joseph F. Donley
Represented By: Andrew S. Wong
Represented By: Christopher S. Ruhland
Represented By: Edwin V. Woodsome
Represented By: Jenny Ann Hughes
Represented By: Meredith Schaum
Represented By: William W. Oxley
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