Salamone et al v. Douglas Marine Corporation
| RUFSTR Racing, LLC and Kenneth E. Salamone |
| Douglas Marine Corporation |
| Esq. William McCarthy |
| 1:2019cv01213 |
| September 30, 2019 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Daniel J Stewart |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Both |
Docket Report
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This docket was last retrieved on January 12, 2022. A more recent docket listing may be available from PACER.
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Filing 17
STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that William McCarthy has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Leigh A. Hoffman and Elliot A. Hallak. Dated: February 12, 2020(Hoffman, Leigh)
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Filing 16
NOTICE by Kenneth E. Salamone of Substitution of Attorney (Hoffman, Leigh)
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Filing 15
STIPULATION to Designate Mediator by Kenneth E. Salamone submitted to Judge Daniel J. Stewart. (Hoffman, Leigh)
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Filing 14
ORDER REFERRING CASE TO MANDATORY MEDIATION PROGRAM: This case is referred to participation in the Mandatory Mediation Program. The parties should refer to General Order #47. The deadline for completion of Mandatory Mediation is 3/31/2020. The deadline for the parties file a Stipulation selecting a Mediator is 2/18/2020. Signed by Magistrate Judge Daniel J. Stewart on 1/21/2020. (mab)
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Filing 13
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3-4 Days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 3/6/2020. Amended Pleadings due by 3/6/2020. The Court has discussed Mandatory Mediation with the parties and will issue a separate Order referring this action into the Mandatory Mediation Program. The deadline to complete Mandatory Mediation is 3/31/2020. Discovery due by 7/1/2020. Motions to be filed by 8/2/2020. Status Report due by 4/20/2020. Signed by Magistrate Judge Daniel J. Stewart on 1/21/2020. (mab)
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Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 1/15/2020. Appearances: Leigh Hoffman, Esq. for Plaintiffs; Elliot Hallak, Esq. for Defendant. The Court hears from counsel as to their positions in this matter and as to how they intend to proceed. The Court discusses the Mandatory Mediation Program. Counsel agree that early Mediation may be beneficial. Mandatory Disclosures have been exchanged. Scheduling Order deadlines set. A Pretrial Scheduling Order will be issued. (TIME: 9:47AM-10:06AM). (mab)
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Filing 12
CIVIL CASE MANAGEMENT PLAN by RUFSTR Racing, LLC, Kenneth E. Salamone. (Hoffman, Leigh)
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Filing 11
TEXT ORDER: The Rule 16 Initial Conference in this matter is RESCHEDULED for January 15, 2020 at 10:00 AM before the undersigned. Counsel are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. Counsel are also directed to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before January 8, 2020. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/18/2019. (mab)
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Filing 10
ANSWER to #1 Complaint by Douglas Marine Corporation.(Hallak, Elliot)
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TEXT Minute Entry for Telephone Pre-Motion Conference held on 11/15/2019 before U.S. District Judge Mae A. D'Agostino: Appearances by Leigh Hoffman, Esq. for the Plaintiff; Elliot Hallak, Esq. for the defendant; Judge D'Agostino addresses counsel regarding the pre-motion letter and response; Counsel for the defendants address the Court; Counsel for the Plaintiff addresses the Court - requests discovery - all contracts for NYS customers; Judge D'Agostino directs counsel to meet and confer separately to discuss any jurisdictional issues. After meeting with plaintiff's counsel, if the defense still feels that a motion to dismiss is warranted, the motion should be filed on or before 12/11/19 - The Return date shall be set for January 21, 2020 (ON SUBMIT) before Judge D'Agostino; Responses will be due 1/6/20; And reply papers will be due 1/10/20. The motion will be decided on the submission of the papers only, if filed. No personal appearances will be necessary. If defense counsel decides that a motion to dismiss is not warranted, an answer shall be filed on or before 12/11/19. (Court Reporter Theresa Casal, CRD Britney Norton [Time 10:00 a.m. - 10:18 a.m.]) (ban)
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Filing 9
Pre-Motion Response to #8 Letter Motion from Elliot A. Hallak for Douglas Marine Corporation requesting conference and permission to file a pre-answer motion to dismiss Plaintiffs' Complaint submitted to Judge Mae A. D'Agostino . (Attachments: #1 Douglas Marine Corporation Contract with RUFSTR Dated 12/31/15, #2 Douglas Marine Corporation Contract with RUFSTR Dated 12/7/16)(Hoffman, Leigh)
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Filing 8
Letter Motion from Elliot A. Hallak for Douglas Marine Corporation requesting conference and permission to file a pre-answer motion to dismiss Plaintiffs' Complaint submitted to Judge Mae A. D'Agostino . (Hallak, Elliot)
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Filing 7
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Douglas Marine Corporation. (Hallak, Elliot)
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Filing 6
NOTICE of Appearance by Elliot A. Hallak on behalf of Douglas Marine Corporation (Hallak, Elliot)
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Filing 5
AFFIDAVIT of Service for Summons; Notice; General Order; Civil Case Management Plan; Notice, Consent and Reference of a Civil Action to a Magistrate Judge; Complaint with Exhibits served on Peter Hledin, Boss, of Douglas Marine Corporation on 10/10/19, filed by Kenneth E. Salamone. (Hoffman, Leigh)
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***Answer due date updated for Douglas Marine Corporation answer due 10/31/2019. (sfp, )
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Filing 4
TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf. (sfp, )
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Filing 3
G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 12/30/2019 at 09:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/23/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sfp, )
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Filing 2
Summons Issued as to Douglas Marine Corporation. (sfp, )
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Filing 1
COMPLAINT against Douglas Marine Corporation (Filing fee $400 receipt number 4888080) filed by Kenneth E. Salamone, RUFSTR Racing, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(sfp, )
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