Koeller v. Numrich Gun Parts Corporation
| Edward Koeller and Kevin Cheek |
| Numrich Gun Parts Corporation |
| 1:2022cv00675 |
| June 24, 2022 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| David N Hurd |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 20, 2023. A more recent docket listing may be available from PACER.
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Filing 31
DECISION and ORDER granting in part and denying in part #26 Motion to Dismiss: ORDERED that Defendants motion to dismiss in GRANTED in part and DENIED in part; Plaintiffs New York General Business Law 349 claim (Count IV) is DISMISSED; Plaintiffs claims for negligence (Count I), breach of implied contract (Count II), and unjust enrichment (Count III) REMAIN; Defendants motion to strike under Rule 12(f) is DENIED; and Defendant shall file and serve an answer to the second amended complaint on or before Tuesday, June 6, 2023. IT IS SO ORDERED. Signed by Judge David N. Hurd on 5/23/2023. (khr)
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***Answer due date updated for Numrich Gun Parts Corporation answer due 6/6/2023. (khr)
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Filing 30
REPLY to Response to Motion re #26 MOTION to Dismiss Second Amended Class Action Complaint filed by Numrich Gun Parts Corporation. Motion returnable before Judge Hon. David N. Hurd filed by Numrich Gun Parts Corporation. (Felter, Karen)
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Filing 29
ORDER on Stipulation to Extend Time To Reply To Second Amendment #28 Stipulation, filed by Numrich Gun Parts Corporation.IT IS SO ORDERED. Signed by Judge David N. Hurd on 1/10/2023. (khr)
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Filing 28
STIPULATION re #26 MOTION to Dismiss Second Amended Class Action Complaint filed by Numrich Gun Parts Corporation. Motion returnable before Judge Hon. David N. Hurd by Numrich Gun Parts Corporation submitted to Judge Christian F. Hummel. (Felter, Karen)
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Filing 27
RESPONSE in Opposition re #26 MOTION to Dismiss Second Amended Class Action Complaint filed by Numrich Gun Parts Corporation. Motion returnable before Judge Hon. David N. Hurd filed by Kevin Cheek, Edward Koeller. (Bilsborrow, James)
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Filing 26
MOTION to Dismiss Second Amended Class Action Complaint filed by Numrich Gun Parts Corporation. Motion returnable before Judge Hon. David N. Hurd Response to Motion due by 1/6/2023. Reply to Response to Motion due by 1/13/2023 (Attachments: #1 Memorandum of Law in support of motion to dismiss second amended class action complaint) (Felter, Karen)
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***Answer due date updated for Numrich Gun Parts Corporation answer due 12/16/2022. (khr)
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TEXT NOTICE OF FILING DEFICIENCY as to Kevin Cheek, Edward Koeller regarding the #25 Amended Complaint NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. Exhibit A and Exhibit B were not attached to the Second Amended Complaint. The the exhibits in case #5:00-dc-55555 using event code Corrected Document. Notice of Filing Deficiency Deadline 11/22/2022 (khr)
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CLERK'S CORRECTION OF DOCKET ENTRY re #25 Amended Complaint. Added Exhibit A and Exhibit B to the Amended Complaint. (khr)
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Filing 25
AMENDED COMPLAINT - Second Amended Class Action Complaint against Numrich Gun Parts Corporation filed by Edward Koeller.(Borrelli, Raina) (Additional attachment(s) added on 11/17/2022: #1 EXHIBIT A, #2 EXHIBIT B) (khr, ).
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Filing 24
ORDER approving #23 Stipulation filed by Edward Koeller: Plaintiff is granted leave to file a Second Amended Complaint in the form attached to #23 as Exhibit A and setting the deadline for Defendants pleading in response to the Second Amended Complaint as 30 days from the date the Second Amended Complaint is filed. Signed by Magistrate Judge Christian F. Hummel on 11/16/2022. (tab)
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Filing 23
STIPULATION re #20 Amended Complaint by Edward Koeller. (Attachments: #1 Exhibit(s) A (Proposed Second Amended Complaint))(Borrelli, Raina)
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Filing 22
TEXT ORDER re #21 Stipulation filed by Numrich Gun Parts Corporation: Answer due on or before 11/21/2022. Authorized by Magistrate Judge Christian F. Hummel on 11/1/2022. (tab)
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Filing 21
STIPULATION re #20 Amended Complaint extending time to respond on or before 11/21/2022 by Numrich Gun Parts Corporation submitted to Judge Hon. David N. Hurd. (Felter, Karen)
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Filing 20
AMENDED COMPLAINT against Numrich Gun Parts Corporation filed by Edward Koeller. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Borrelli, Raina)
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Filing 19
TEXT ORDER approving #18 Stipulation filed by Edward Koeller, re #12 MOTION to Dismiss for Failure to State a Claim filed by Numrich Gun Parts Corporation. Plaintiff's response is reset: Response to Motion due by 10/21/2022. Authorized by Magistrate Judge Christian F. Hummel on 9/21/2022. (tab)
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Filing 18
STIPULATION re #12 MOTION to Dismiss for Failure to State a Claim filed by Numrich Gun Parts Corporation. Motion returnable before Judge Hon. David N. Hurd by Edward Koeller submitted to Judge Hummel. (Bilsborrow, James)
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Filing 17
TEXT NOTICE: The Rule 16 Initial Conference scheduled for 9/22/2022 at 9:00 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (tab)
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Filing 16
TEXT ORDER Approving Dkt. no. 14 and resetting briefing schedule for #12 MOTION to Dismiss for Failure to State a Claim filed by Numrich Gun Parts Corporation. Motion returnable before Judge Hon. David N. Hurd : Response to Motion now due by 9/30/2022. Reply to Response to Motion due by 10/7/2022. Authorized by Magistrate Judge Christian F. Hummel on 8/24/2022. (tab)
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Filing 15
NOTICE of Appearance by Raina C Borrelli on behalf of Edward Koeller (Borrelli, Raina)
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Filing 14
STIPULATION to Modify Motion to Dismiss Briefing Schedule by Edward Koeller submitted to Judge Hummel. (Bilsborrow, James)
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Filing 13
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Numrich Gun Parts Corporation identifying Corporate Parent Numrich Gun Parts Corporation for Numrich Gun Parts Corporation.. (Felter, Karen)
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Filing 12
MOTION to Dismiss for Failure to State a Claim filed by Numrich Gun Parts Corporation. Motion returnable before Judge Hon. David N. Hurd Response to Motion due by 9/9/2022. Reply to Response to Motion due by 9/16/2022 (Attachments: #1 Memorandum of Law, #2 corporate disclosure statement, #3 certificate of service) (Felter, Karen)
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Filing 11
TEXT ORDER granting #8 Motion for Limited Admission Pro Hac Vice of Raina D. Borrelli, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 7/18/2022. (tab)
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Filing 10
TEXT ORDER approving #9 Stipulation filed by Edward Koeller: Answer due date updated for Numrich Gun Parts Corporation; answer due 8/19/2022. Authorized by Magistrate Judge Christian F. Hummel on 7/18/2022. (tab)
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Filing 9
STIPULATION for Extension of Time to Answer or Move Pursuant to FRCP 12 by Edward Koeller submitted to Judge Hummel. (Bilsborrow, James)
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Filing 8
MOTION for Limited Admission Pro Hac Vice of Raina D. Borrelli Filing fee $100, receipt number ANYNDC-5966220. (Attachments: #1 Exhibit(s) Petition for Admission and Certificates of Good Standing, #2 Exhibit(s) Affidavit of Sponsor, #3 Exhibit(s) Attorney Registration Form, #4 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Bilsborrow, James)
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Filing 7
AFFIDAVIT of Service for Complaint served on Authorized Agent on 06/29/22, filed by Edward Koeller. (Bilsborrow, James)
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Filing 6
NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Samuel J. Strauss, Email address is sam@turkestrauss.com. Phone number is 608-237-1775. Admissions due by 7/8/2022. (khr)(Notice and GO#25 were emailed to attorney)
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Filing 5
NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Raina C. Borrelli, Email address is raina@turkestrauss.com. Phone number is 608-237-1775. Admissions due by 7/8/2022. (khr)(Notice and GO#25 were emailed to attorney)
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Filing 4
NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Alex Phillips, Email address is alexp@turkestrauss.com. Phone number is 608-237-1775. Admissions due by 7/8/2022. (khr)(Notice and GO#25 were emailed to attorney)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/22/2022 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/15/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr)
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Filing 2
Summons Issued as to Numrich Gun Parts Corporation. (khr)
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Filing 1
COMPLAINT WITH JURY DEMAND against Numrich Gun Parts Corporation (Filing fee $402 receipt number ANYNDC-5947230) filed by Edward Koeller. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(khr)
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