International Wine Group, S.R.L v. Signature Selections, LLC
| Signature Selections, LLC, International Wine Group S.R.L. and International Wine Group, S.R.L |
| 2:2021cv00513 |
| January 30, 2021 |
| US District Court for the Eastern District of New York |
| Edward R Korman |
| Anne Y Shields |
| James M Wicks |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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ORDER DISMISSING CASE. So Ordered re #20 Stipulation & Order of Dismissal with prejudice. Ordered by Judge Edward R. Korman on 1/6/2022. (Cohen, Talia)
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| Filing 20 NOTICE of Settlement by International Wine Group, S.R.L (Vandamme, Hendrick) |
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SCHEDULING ORDER: During the Status Conference on 12/17/2021, the parties advised the Court that the Settlement Agreement had been finalized for execution and the Court ordered the parties to file a stipulation of dismissal on or before 12/31/2021. To date, the parties have not filed a stipulation of dismissal. The parties are hereby directed to appear on 1/4/2022 at 9:30AM before Magistrate Judge James M. Wicks for a Status Conference via telephone. The parties should dial 1-866-434-5269 and enter access code 9025281# at the prompt. Ordered by Magistrate Judge James M. Wicks on 1/3/2022. (Weinstein, Tracy)
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ORDER. In light of the parties filing a Stipulation of Dismissal #20 , the Status Conference scheduled for 1/4/2022 is hereby canceled. Ordered by Magistrate Judge James M. Wicks on 1/3/2022. (Weinstein, Tracy)
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| Filing 19 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: Hendrick Vandamme. Counsel For Defendant: Justin H. Scheier. Telephone Status Conference held on 12/17/2021 at 3:30 PM. The parties advised the Court that the Settlement Agreement has now been finalized for execution. Accordingly, the parties are directed to a Stipulation of Dismissal on or before December 31, 2021. (FTR Log #3:32-3:33 (tel.).)(Ortiz, Grisel) |
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SCHEDULING ORDER: This case settled on 9/23/2021. The parties were initially directed to file a stipulation of dismissal on or before 11/12/2021. Having failed to do so, the Court held a Status Conference on 11/30/2021, and the parties were directed to file a stipulation of dismissal on or before 12/14/2021. To date, the parties have not filed a stipulation of dismissal. The parties are hereby directed to appear on 12/17/2021 at 3:30 PM before Magistrate Judge James M. Wicks for a Status Conference via telephone. The parties should dial 1-866-434-5269 and enter access code 9025281# at the prompt. Ordered by Magistrate Judge James M. Wicks on 12/16/2021. (Weinstein, Tracy)
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| Filing 18 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: Hendrick Vandamme. Counsel For Defendant: Justin H. Scheier. Telephone Status Conference held on 11/30/2021 at 4:30 PM. The parties confirmed they still had a settlement in principle but one issue remained unresolved. Upon discussion with counsel, it appears that issue may be resolved, subject to confirmation with clients. Accordingly, the parties are directed to file a Stipulation of Dismissal on or before December 14, 2021. (FTR Log #4:29-4:35 (tel.).)(Ortiz, Grisel) |
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SCHEDULING ORDER. This case settled on 9/23/2021. The parties were directed to file a stipulation of dismissal on or before 11/12/2021. To date, the parties have not filed a stipulation of dismissal. The parties are hereby directed to appear on 11/30/2021 at 4:30 PM before Magistrate Judge James M. Wicks for a Status Conference via telephone. The parties should dial 1-866-434-5269 and enter access code 9025281# at the prompt. Ordered by Magistrate Judge James M. Wicks on 11/29/2021. (Weinstein, Tracy)
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| Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR SETTLEMENT CONFERENCE. Video Settlement Conference held on 9/23/2021 at 10:00 am. Settlement Conference held and a settlement in principle was achieved. The parties intend to memorialize the settlement in a written agreement and shall file a Stipulation of Discontinuance, pursuant to Fed. R. Civ. P. 41, with the Court on or before November 12, 2021. (Ortiz, Grisel) |
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ORDER granting #17 Motion to Withdraw as Attorney. Attorney Dennis Allan Grossman terminated. Ordered by Magistrate Judge James M. Wicks on 9/3/2021. (Weinstein, Tracy)
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| Filing 17 Consent MOTION to Withdraw as Attorney for Defendant - by Signature Selections, LLC. (Grossman, Dennis) |
| Filing 16 NOTICE of Appearance by Justin Heyn Scheier on behalf of Signature Selections, LLC (aty to be noticed) (Scheier, Justin) |
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Filing 15
SCHEDULING ORDER: Please See Order For Further Deadline and Hearing Details. An in-Person Final Pretrial Conference set for 1/13/2022 at 10:00 AM in Courtroom 1020. So Ordered by Magistrate Judge James M. Wicks on 6/23/2021. (Ortiz, Grisel)
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| Filing 14 Minute Order for proceedings held before Magistrate Judge James M. Wicks: INITIAL CONFERENCE. Counsel For Plaintiff: Hendrick Vandamme, (by video); Michelangelo Fasoli (Counsel from Italy, by video). Counsel For Defendant: Dennis Allan Grossman, (by video). Video Initial Conference Hearing held on 6/23/2021 at 4:00 PM. The Court So Ordered an Initial Scheduling Order, see DE#15 . A Settlement Conference has been set for September 23, 2021 at 10:00 AM via video Zoom. The Court will email the Zoom invitation closer to the conference date. The parties shall comply with Judge Wicks' Individual Rules regarding Settlement Conferences (Sec. 5), including the requirement to submit confidential settlement positions 7 days prior to the Conference. (FTR Log #Zoom: 4:02-4:21.) (Ortiz, Grisel) Modified to correct filed date from 24th to 23rd on 6/24/2021 (Ortiz, Grisel). |
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ORDER Re #12 Initial Conference Scheduling Order: The Conference scheduled for June 23, 2021 at 4:00 PM will be held via Video Zoom. The Court will email the Zoom invitation closer to the conference date. So Ordered by Magistrate Judge James M. Wicks on 6/14/2021. (Ortiz, Grisel)
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ORDER Granting #13 Motion to Compel. Plaintiff's application to conduct defendant's deposition by remote means is hereby decided as follows: Federal Rule of Civil Procedure 30(b)(4), provides that "the parties may stipulate or the court may on motion order that a deposition be taken by telephone or other remote means." In other words, the court is authorized to order a deposition to be taken by remote means, even in the absence of an agreement between the parties (Fed R Civ P 30[b] #4 ). Rule 30(b)(5) states that, unless the parties stipulate otherwise, the "deposition must be conducted before an officer appointed or designated under FRCP 28 (Nowlin v Lusk, 2014 WL 298155, at *5 [WD NY Jan. 28, 2014]). Under FRCP 28, the deposition must be taken before an officer authorized by federal law or by the law in the place of examination to administer oaths, and although the parties can stipulate otherwise, the courts have held that a deposition is deemed to have been conducted before an officer if that officer "attends the deposition via the same remote means (e.g., telephone conference call or video conference) used to connect all other remote parties, and so long as all participants (including the officer) can clearly hear and be heard by all other participants) (see Sinceno v Riverside Church in City of New York, 2020 WL 1302053, at *1 [SD NY Mar. 18, 2020] [permitting all depositions to be taken by telephone, video conference, or other remote means in light of the COVID-19 pandemic]). Accordingly, plaintiff's motion to take the deposition of defendant by remote means is hereby GRANTED. So Ordered by Magistrate Judge James M. Wicks on 6/14/2021. (Ortiz, Grisel) Modified on 6/14/2021 (Ortiz, Grisel).
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| Filing 13 Letter MOTION to Compel regarding initial conference by International Wine Group, S.R.L (Vandamme, Hendrick) Modified event type from Letter to Motion on 6/14/2021 (Ortiz, Grisel). |
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Filing 12
INITIAL CONFERENCE SCHEDULING ORDER: The Initial Conference scheduled for June 14, 2021 at 11:00 AM is adjourned to June 23, 2021 at 4:00 PM, and will take place in-person before Magistrate Judge James M. Wicks in Court room 1020. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than June 16, 2021. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge James M. Wicks on 5/25/2021. (Attachments: #1 Discovery Plan Worksheet, #2 JMW Individual Rules) (Ortiz, Grisel)
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| Case Reassigned to Magistrate Judge James M. Wicks. Magistrate Judge Anne Y. Shields 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. (Corsini, Alexander) |
| Filing 11 Plaintiff's ANSWER to #9 Answer to Complaint, Counterclaim by International Wine Group, S.R.L. (Vandamme, Hendrick) |
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Filing 10
ORDER: Initial Conference set for 6/14/2021 at 11:00 AM before Magistrate Judge Anne Y. Shields.The parties are directed to call the ATTteleconferencing center at (877) 810-9415 and to enter Access Code9005911 when prompted. See Order and Attachments. So Ordered by Magistrate Judge Anne Y. Shields on 5/11/2021. (Attachments: #1 AYS Rules, #2 Joint Letter Requirements) (Torres, Jasmine)
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| Filing 9 ANSWER to #2 Complaint , COUNTERCLAIM against International Wine Group, S.R.L by Signature Selections, LLC. (Grossman, Dennis) |
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ORDER granting #8 Motion for Extension of Time to File Response/Reply as to #2 Complaint. Responses due by 4/26/2021. Ordered by Judge Edward R. Korman on 4/14/2021. (Cohen, Talia)
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| Filing 8 Consent MOTION for Extension of Time to File Response/Reply as to #2 Complaint by Signature Selections, LLC. (Grossman, Dennis) |
| Filing 7 SUMMONS Returned Executed by International Wine Group, S.R.L. International Wine Group, S.R.L served on 3/10/2021, answer due 3/31/2021. (Attachments: #1 Affidavit of Service) (Vandamme, Hendrick) |
| Filing 6 NOTICE of Appearance by Dennis Allan Grossman on behalf of Signature Selections, LLC (aty to be noticed) (Grossman, Dennis) |
| Filing 5 Summons Issued as to Signature Selections, LLC. (Flanagan, Doreen) |
| 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. (Flanagan, Doreen) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Case Assigned to Judge Edward R. Korman 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. (Flanagan, Doreen) |
| Filing 2 COMPLAINT against Signature Selections, LLC Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by International Wine Group, S.R.L. (Flanagan, Doreen) |
| Filing 1 Proposed Summons.Civil Cover Sheet.. by International Wine Group, S.R.L (Attachments: #1 Civil Cover Sheet) (Vandamme, Hendrick) Modified on 2/4/2021 (Flanagan, Doreen). |
| CIVIL CASE FILING FEE: $ 402, receipt number ANYEDC-14075262 (Vandamme, Hendrick) |
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