Black Diamond Enterprises, LLC et al v. Sunyata Molecular Corporation et al
Black Diamond Enterprises, LLC and Eric Kotch |
Laurence Wood and Lisa Wood |
Lisa Wood, Sunyata Molecular Corporation and Laurence Wood |
Black Diamond Enterprises, LLC and Eric Kotch |
1:2006cv05807 |
November 9, 2009 |
US District Court for the Southern District of New York |
Foley Square Office |
Gabriel W. Gorenstein |
Richard J. Sullivan |
Contract: Other |
28 U.S.C. ยง 1332 Diversity-Breach of Contract |
Available Case Documents
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Filing 58 ORDER: It is hereby ordered that the December 7, 2009 deadline and December 17, 2009 conference are canceled. It is further ordered that the parties shall continue before Judge Gorenstein through mediation or other ADR. The parties shall update this Court on the status of their case within seven days of completing mediation, but in no event later than January 29, 2010. (Signed by Judge Richard J. Sullivan on 12/8/2009) (jpo) |
Filing 52 ORDER: The defendants' cursory response to plaintiffs' November 6 letter seems to reflect a belief that plaintiffs are obligated to make a motion in order to depose the defendants in this district. The Court disagrees. In light of Judge Su llivan's prior ruling, it has been the defendants' obligation to obtain relief from that ruling by making a showing of good cause as to why they cannot appear in this district. If defendants seek relief from Judge Sullivan's order, th ey may make such an application by affidavit and memorandum of law provided that these materials are filed on or before November 12,2009. Plaintiffs may respond on or before November 16,2009. The Court notes that conclusory allegations that the defen dants "do not have the financial means to travel" will be insufficient to show "good cause." Rather, any such showing on this topic must be in the form of affidavits from defendants that describe in detail (1) their monthly income and expenditures, and (2) all assets and liabilities of any kind. To permit a ruling with respect to this application, the Court will extend the discovery deadline (solely for the purpose of conducting defendants' depositions) as necessary. If defendants do not make an application on or before November 12,2009, defendants are ordered to appear for their depositions at the offices of plaintiffs, counsel on November 16, 2009, at 9:00 a.m. - the depositions to continue from day to day until completed. If defendants' fail to appear, they are warned that a default judgment may be entered against them. Defendants' counsel shall contact plaintiffs' counsel by noon on November 13,2009 to confirm whether or not his clients intend to appear on November 16. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/9/2009) (jpo) |
Filing 46 ORDER, for the reasons discussed at the status conference held on 9/18/09, the parties are to continue to abide by the Case Management Plan entered on 7/31/09. (Signed by Judge Richard J. Sullivan on 9/21/09) (cd) |
Filing 45 ORDER 9/18/09 Status Conference reset for 9/18/2009 at 09:00 AM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 8/10/09) (cd) |
Filing 38 ORDER, that, by 4:00 pm on 6/19/09 the parties shall jointly submit a letter, not to exceed 5 pages, providing, in separate paragraphs 1) a brief statement of the nature of the action and the principal defenses thereto....7) any other information that you believe may assist this Court in resolving this action. ( Status Report due by 6/19/2009.) (Signed by Judge Richard J. Sullivan on 6/5/09) (cd) |
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