Babylon Animal Hospital PC et al v. Heska Corporation
| Babylon Animal Hospital PC and Frank Liguori |
| Heska Corporation |
| 2:2020cv04051 |
| August 31, 2020 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Anne Y Shields |
| Contract: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
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ORDER terminating #9 Motion to Stay; granting #9 Motion for Extension of Time to Answer. The Defendant's time to answer or otherwise respond to the Complaint is EXTENDED until after a decision on Defendant's motion to transfer venue is rendered. So Ordered by Magistrate Judge Anne Y. Shields on 10/21/2020. (Mucciaccio, Dina)
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ELECTRONIC ORDER granting #6 Motion for Pre Motion Conference. A pre-motion telephone conference has been scheduled for November 9, 2020 at 11:00 AM. Counsel are directed to call the AT&T Teleconference Center at (877) 810-9415 at the time of the conference and enter Access Code 9005911 when prompted. Counsel should note that, in appropriate cases, the pre-motion letters along with counsel's argument at the pre-motion conference, may be construed, at the direction of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011). So Ordered by Magistrate Judge Anne Y. Shields on 10/21/2020. (Mucciaccio, Dina)
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ORDER REFERRING MOTION: Defendant's request for a pre-motion conference regarding its anticipated motion to transfer venue #6 is respectfully referred to Magistrate Judge Anne Y. Shields for a report and recommendation. Ordered by Judge LaShann DeArcy Hall on 10/19/2020. (Williams, Erica)
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| Filing 9 Consent MOTION to Stay Pending Resolution of Motion to Transfer, Consent MOTION for Extension of Time to File Answer Pending Resolution of Motion to Transfer by Heska Corporation. (Fenlon, Christopher) |
| Filing 8 STATE COURT RECORD Received from County of Suffolk - Suffolk County Clerk's Office dated 9/15/2020 re: Index #609701/2020 with Copy of Notice of Removal enclosed. (Galeano, Sonia) |
| Filing 7 Letter in reply to defendant'sletter by Frank Liguori (Attachments: #1 Exhibit) (Blair, Patricia) |
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ORDER: In direct contravention of the Court's Individual Practices, Plaintiffs failed to respond to Defendant's request for a pre-motion conference regarding its anticipated motion to dismiss #6 . Plaintiffs are directed to file a letter responding to Defendant's request, or indicating that they do not intend to oppose Defendant's motion. Any response must not exceed three pages and must be filed on or before September 21, 2020. Ordered by Judge LaShann DeArcy Hall on 9/18/2020. (Williams, Erica)
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| Filing 6 MOTION for pre motion conference regarding Heska's motion to transfer venue pursuant to contractual forum-selection clause by Heska Corporation. (Attachments: #1 Exhibit A (Agreement and Guaranty), #2 Exhibit B (District of Colorado Complaint)) (Fenlon, Christopher) |
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ORDER denying #5 Motion for Pre Motion Conference; granting #5 Motion for Extension of Time to Answer. Defendant Heska Corporation's time to answer or otherwise respond to the Complaint is EXTENDED to October 8, 2020. Defendant's motion for a pre-motion conference regarding leave to file a motion for transfer is denied without prejudice to renewal. Any such application must be made to the District Judge and not combined with a motion for an extension of time to answer, as the instant application has been styled. So Ordered by Magistrate Judge Anne Y. Shields on 9/3/2020. (Mucciaccio, Dina)
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| Filing 5 MOTION for pre motion conference regarding Heska's motion to transfer venue pursuant to contractual forum-selection clause, First MOTION for Extension of Time to File Answer by Heska Corporation. (Attachments: #1 Exhibit A (Agreement and Guaranty), #2 Exhibit B (District of Colorado Complaint)) (Fenlon, Christopher) |
| 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. (Landow, Concetta) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Anne Y. Shields. 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. (Landow, Concetta) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 9/2/2020: #1 Additional Corrections) (Landow, Concetta). |
| Filing 2 Corporate Disclosure Statement by Heska Corporation (Fenlon, Christopher) |
| Filing 1 NOTICE OF REMOVAL by Heska Corporation from Suffolk Supreme, case number 609701/2020.Was the Disclosure Statement on Civil Cover Sheet completed -NO ( Filing fee $ 400 receipt number ANYEDC-13290696) (Attachments: #1 Notice of Related Case Designation, #2 Civil Cover Sheet) (Fenlon, Christopher) Modified on 9/2/2020 (Landow, Concetta). |
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