Julius Klein Diamonds, LLC v. Gemological Institute of America, Inc. et al
Plaintiff: Julius Klein Diamonds, LLC
Defendant: Gemological Institute of America, Inc. and Tat Keung Yee
Case Number: 1:2012cv06644
Filed: August 30, 2012
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Robert P Patterson
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. § 1332 pd Diversity-Property Damage
Jury Demanded By: None
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Docket Report

This docket was last retrieved on January 14, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 14, 2013 Mailed a copy of #41 Order on Motion to Dismiss, to Julius Klein Diamonds, LLC, DLA Piper US LLP. (vj)
January 11, 2013 Opinion or Order Filing 41 ORDER AND JUDGMENT granting #40 Motion to Dismiss. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: 1. JKD is the true and rightful owner of the 3.08 Diamond. 2. GIA is directed to deliver the 3.08 Diamond to JKD. 3. JKD is directed to pay the sum of seventy five thousand dollars (US$75,000.00) to YTK's counsel upon GIA's delivery of the 3.08 Diamond to JKD. 4. The Default Judgment against YTK in this action shall be vacated. 5. The Action shall be dismissed with prejudice, with each Party to bear its own costs and attorneys' fees; 6. The Court shall retain jurisdiction of this Action in order to enforce the terms of the Settlement Agreement; 7. The Clerk of this Court shall forward three (3) certified copies of this Order to each of the following counsel and then terminate the Parties from this Action and mark this case closed. Counsel for JKD Jerome J. Lawton, Esq. Skadden Arps Slate Meagher & Flom LLP 4 Times Square New York NY 10036; Counsel for YTK Martin Jackson, Esq. Sidley Austin LLP. 787 Seventh Avenue New York, New York 10019; Counsel for GIA Capricci L. Barush, Esq. DLA Piper LLP (US) 1251 Avenue of the Americas New York 10020. (Signed by Judge Robert P. Patterson on 1/10/2013) (lmb) Modified on 1/14/2013 (ml). (Additional attachment(s) added on 1/14/2013: #1 NOTICE OF RIGHT TO APPEAL) (ml).
January 11, 2013 Filing 40 JOINT APPLICATION TO DISMISS ACTION PURSUANT TO SETTLEMENT AGREEMENT. Document filed by Gemological Institute of America, Inc., Julius Klein Diamonds, LLC, Tat Keung Yee.(lmb)
January 11, 2013 Transmission to Docket Assistant Clerk. Transmitted re: #41 Order on Motion to Dismiss (directing Clerk to mail 3 certified copies of this order to each of the counsel listed) to the Docket Assistant Clerk for case processing. (lmb)
January 10, 2013 Filing 39 Letter addressed to Judge Robert P. Patterson from Jerome J. Lawton dated 1/10/2013 re: I write on behalf of all counsel in the above-referenced action (the "Action") to advise your Honor that the parties have entered into a Settlement Agreement. I enclose herewith the following for your Honor's review and approval: (i) The Settlement Agreement: (ii) The Joint Application to Dismiss Action Pursuant to Settlement Agreement; and (iii) The proposed Order. Document filed by Julius Klein Diamonds, LLC.(lmb)
December 4, 2012 Opinion or Order Filing 38 ENDORSED LETTER addressed to Judge Robert P. Patterson from Jerome J. Lawton dated 12/4/2012 re: Counsel writes to request that the filing deadline for defendant Yee's Motion to vacate the default judgment entered against Mr. Yee would be 1/11/13 and the filing deadline for plaintiff JKD's motions for attorney's fees and for taxable costs would be 1/18/13. ENDORSEMENT: Application granted. This is a final adjournment to achieve a settlement of plaintiff's claims. So ordered. ( Motions due by 1/18/2013.) (Signed by Judge Robert P. Patterson on 12/4/2012) (mro)
November 7, 2012 Opinion or Order Filing 37 ENDORSED LETTER: addressed to Judge Robert P. Patterson from Jerome J. Lawton dated 11/7/2012 re: Counsel for Plaintiff write to request a thirty day extension from the current filing deadlines for all pending motions, so that the parties may pursue settlement discussions, which have not been possible due to communication and other difficulties caused by hurricane Sandy. If granted, the filing deadline for defendant Yee's motion to vacate the default judgment entered against Mr. Yee would be December 12, 2012 and the filing deadline for Plaintiff JKD's motions for attorney's fees and for taxable costs would be December 19, 2012. ENDORSEMENT: Application granted. So Ordered., ( Motions due by 12/19/2012.) (Signed by Judge Robert P. Patterson on 11/7/2012) (js)
November 5, 2012 Opinion or Order Filing 36 ENDORSED LETTER addressed to Judge Robert P. Patterson from Jerome J. Lawton dated 10/30/12 re: Counsel for the plaintiff writes to request an extension of time to file a motion for taxable costs until November 19, 2012, the same date as the deadline for Plaintiffs motion for attorney's fees. Counsel for Mr. Yee and the Gemological Institute of America, Inc. have no objection to the requested extension. ENDORSEMENT: Application granted. So ordered. ( Motions due by 11/19/2012.) (Signed by Judge Robert P. Patterson on 11/5/2012) (mro)
November 5, 2012 Opinion or Order Filing 35 ENDORSED LETTER addressed to Judge Robert P. Patterson from Jerome J. Lawton dated 10/30/12 re: Counsel for the plaintiff requests an extension of time to file a motion for taxable costs until 11/19/12, the same date as the deadline for plaintiff's motion for attorney's fees. Counsel for Mr. Yee and the Gemological Institute of America, Inc. have no objection to the requested extension. ENDORSEMENT: Application granted nunc pro tunc to 11/19/12. So ordered. ( Motions due by 11/19/2012.) (Signed by Judge Robert P. Patterson on 11/5/2012) (mro)
October 17, 2012 Opinion or Order Filing 34 ENDORSED LETTER: addressed to Judge Robert P. Patterson from Jerome J. Lawton dated 10/15/2012 re: In light of the continuing settlement discussions and the judicial economy that would be achieved if the parties were to reach a settlement, Counsel requests that the Court extend the deadline for filing a motion for attorney's fees until November 19, 2012, seven days after the deadline for Mr. Yee's motion to vacate. Counsel for Mr. Yee and the Gemological institute of America, Inc. have no objection to the requested extension. ENDORSEMENT: Application granted. So Ordered., ( Motions due by 11/19/2012.) (Signed by Judge Robert P. Patterson on 10/12/2012) (js)
October 11, 2012 Opinion or Order Filing 33 ENDORSED LETTER addressed to Judge Robert P. Patterson from Martin B. Jackson dated 10/11/2012 re: For all of the foregoing reasons, we respectfully request that Defendant Tat Keung Yee's deadline for filing a motion to vacate the default judgment be extended from October 12, 2012 until November 12, 2012. ENDORSEMENT: Application Granted. SO ORDERED., ( Motions due by 11/12/2012.) (Signed by Judge Robert P. Patterson on 10/11/2012) (ama)
October 10, 2012 Filing 32 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/5/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 10, 2012 Filing 31 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/5/2012 before Judge Robert P. Patterson. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/5/2012. Redacted Transcript Deadline set for 11/16/2012. Release of Transcript Restriction set for 1/11/2013.(McGuirk, Kelly)
October 5, 2012 Opinion or Order Filing 30 ENDORSED LETTER addressed to Judge Robert P. Patterson from Martin B. Jackson dated 10/4/2012 re: Defense counsel writes we request on behalf of Mr. Yee that the Court continue its injunction against any transfer or release of the Diamond until further order of this Court, consistent with the Court's September 5, 2012 Order Enjoining Release of 3.08 Diamond by GIA and request that the Court preserve the status quo consistent with the Court's September 5, 2012 Order Enjoining Release of 3.08 Diamond by GIA until a briefing schedule can be set for Mr. Yee's motion to vacate the Default Judgment. ENDORSEMENT: Application granted. GIA is enjoined from releasing the 3.08 Diamond pursuant to the default judgment entered by this Court until further order of this Court. Counsel for Mr. Yee is to file its motion to vacate the default judgment by October 12, 2012. So Ordered. ( Motions due by 10/12/2012.) (Signed by Judge Robert P. Patterson on 10/4/2012) (ago) Modified on 10/10/2012 (ago).
October 2, 2012 Filing 29 DEFAULT JUDGMENT # 12,1732 in favor of Julius Klein Diamonds, LLC against Tat Keung Yee in the amount of $ 232,848.00. (Signed by Judge Robert P. Patterson on 10/2/12) (Attachments: #1 NOTICE OF RIGHT TO APPEAL)(ml)
October 2, 2012 Filing 28 AFFIDAVIT OF SERVICE of Request For Entry Of Default, Declaration Of Jerome J. Lawton In Support Of Request For Entry Of Default, Proposed Clerk's Certificate, served on Mr. Tat Keung Yee on September 21, 2012. Service was made by eMail. Document filed by Julius Klein Diamonds, LLC. (Lawton, Jerome)
October 2, 2012 Filing 27 AFFIDAVIT OF SERVICE of Request For Entry Of Default, Declaration Of Jerome J. Lawton In Support Of Request For Entry Of Default, Proposed Clerk's Certificate served on Mr. Tat Keung Yee on September 21, 2012. Service was made by Federal Express. Document filed by Julius Klein Diamonds, LLC. (Lawton, Jerome)
September 21, 2012 Filing 26 CLERK'S CERTIFICATE OF DEFAULT as to Tat Keung Yee. (ml)
September 21, 2012 Filing 25 DECLARATION of Jerome J. Lawton In Support re: #24 Request to Enter Default against Tat Keung Yee. Document filed by Julius Klein Diamonds, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lawton, Jerome)
September 21, 2012 Filing 24 REQUEST TO ENTER DEFAULT against Tat Keung Yee , Pursuant to Fed. R. CIV. P. 55(a). Document filed by Julius Klein Diamonds, LLC.(Lawton, Jerome)
September 18, 2012 Filing 23 ANSWER to Complaint. Document filed by Gemological Institute of America, Inc..(Bilandal, Capricci)
September 18, 2012 Filing 22 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Gemological Institute of America, Inc..(Bilandal, Capricci)
September 10, 2012 Filing 21 NOTICE OF APPEARANCE by Timothy Gerard Reynolds on behalf of Julius Klein Diamonds, LLC (Reynolds, Timothy)
September 7, 2012 Filing 20 AFFIDAVIT OF SERVICE of Order Enjoining Release of 3.08 Diamond By GIA Until Ownership Can Be Determined; Notice of Assignment; Individual Practices of Magistrate Judge Gabriel W. Gorenstein and Judge Robert Patterson, Jr. served on Capricci G Barush, Ivy R Cutler, Mr. Tat Keung Yee on 09/05/2012. Service was made by E-Mail. Document filed by Julius Klein Diamonds, LLC. (Lawton, Jerome)
September 6, 2012 Filing 19 AFFIDAVIT OF SERVICE of Order Enjoining Release of 3.08 Diamond By GIA Until Ownership Can Be Determined; Notice of Assignment; Individual Practices of Magistrate Judge Gabriel W. Gorenstein and Judge Robert P. Patterson, Jr served on Mr. Tat Keung Yee on 9/5/12. Service was made by Federal Express. Document filed by Julius Klein Diamonds, LLC. (Lawton, Jerome)
September 6, 2012 Filing 18 AFFIDAVIT OF SERVICE of Order Enjoining Release of 3.08 Diamond By GIA Until Ownership Can Be Determined; Notice of Assignment; Individual Practices of Magistrate Judge Gabriel W. Gorenstein and Judge Robert P. Patterson, Jr served on Capricci G. Bilandal, Attorney for Gemological Institute of America, Inc on 9/5/12. Service was made by Federal Express. Document filed by Julius Klein Diamonds, LLC. (Lawton, Jerome)
September 5, 2012 Minute Entry for proceedings held before Judge Robert P. Patterson: Show Cause Hearing held on 9/5/2012. Jerome Lawton, plaintiff's counsel present. Capricci Barush, Gemological defense counsel present. OSC hearing held. The Court signs Order enjoining release of 3.08 Diamond by GIA until ownership can be determined on consent of counsel. The next conference is scheduled for 10/5/12 at 9:30 a.m. (rjm)
September 5, 2012 Opinion or Order Filing 17 ORDER ENJOINING RELEASE OF 3.08 DIAMOND BY GIA UNTIL OWNERSHIP CAN BE DETERMINED. IT IS HEREBY ORDERED, pursuant to Rule 65 of the Federal Rules of Civil Procedure, that GIA is preliminarily enjoined from releasing the 3.08 Diamond from its possession pending determination by this Court as to the ownership of the 3.08 Diamond and further order of this Court. (Signed by Judge Robert P. Patterson on 9/5/2012) (rjm)
September 4, 2012 Filing 16 NOTICE OF APPEARANCE by Capricci G. Bilandal on behalf of Geomological Institute of America, Inc. (Bilandal, Capricci)
September 4, 2012 Opinion or Order Filing 15 ORDER: Accordingly, Show Cause Hearing set for 9/5/2012 at 02:30 PM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Robert P. Patterson. (Signed by Judge Paul G. Gardephe on 9/4/2012) (cd)
September 4, 2012 Filing 14 NOTICE OF CASE ASSIGNMENT to Judge Robert P. Patterson. Judge Unassigned is no longer assigned to the case. (sjo)
September 4, 2012 CASE DECLINED AS NOT RELATED. Case referred as related to 12mc290 and declined by Judge Paul P. Gardephe and returned to wheel for assignment. (sjo)
September 4, 2012 Magistrate Judge Gabriel W. Gorenstein is so designated. (sjo)
August 31, 2012 Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Julius Klein Diamonds, LLC.(Lawton, Jerome)
August 31, 2012 Filing 12 AFFIDAVIT OF SERVICE of Proposed Order to Show Cause and Temporary Restraining Order, Summons and Complaint, Application for Temporary Restraining Order, Declaration of Jerome J. Lawton, Memorandum of Law in Support of Plaintiff's Application for TRO, Corporate Disclosure Statement, Miscellaneous Case Cover Sheet and ECF Rules & Instructions served on Gemological Institute of America (GIA) on 8/28/12. Service was accepted by Justin Chan, Managing Agent. Document filed by Julius Klein Diamonds, LLC. (Lawton, Jerome)
August 31, 2012 Filing 11 AFFIDAVIT OF SERVICE of Proposed Order to Show Cause and Temporary Restraining Order, Summons and Complaint, Application for Temporary Restraining Order, Declaration of Jerome J. Lawton, Memorandum of Law in Support of Plaintiff's Application for TRO, Corporate Disclosure Statement, Miscellaneous Case Cover Sheet and ECF Rules & Instructions served on Mr. Tat Keung Yee on 8/28/12. Service was made by Federal Express. Document filed by Julius Klein Diamonds, LLC. (Lawton, Jerome)
August 31, 2012 Filing 10 AFFIDAVIT OF SERVICE of Proposed Order to Show Cause and Temporary Restraining Order, Summons and Complaint, Application for Temporary Restraining Order, Declaration of Jerome J. Lawton, Memorandum of Law in Support of Plaintiff's Application for TRO, Corporate Disclosure Statement, Miscellaneous Case Cover Sheet served on Mr. Tat Keung Yee on 8/28/12. Service was made by Email. Document filed by Julius Klein Diamonds, LLC. (Lawton, Jerome)
August 31, 2012 Filing 9 AFFIDAVIT OF SERVICE of Proposed Order to Show Cause and Temporary Restraining Order, Summons and Complaint, Application for Temporary Restraining Order, Declaration of Jerome J. Lawton, Memorandum of Law in Support of Plaintiff's Application for TRO, Corporate Disclosure Statement, Miscellaneous Case Cover Sheet, ECF Rules & Instructions served on Ivy R. Cutler at Gemological Institute of America, Inc on 8/28/12. Service was made by Federal Express. Document filed by Julius Klein Diamonds, LLC. (Lawton, Jerome)
August 31, 2012 Filing 8 AFFIDAVIT OF SERVICE of Proposed Order to Show Cause and Temporary Restraining Order, Summons and Complaint, Application for Temporary Restraining Order, Declaration of Jerome J. Lawton, Memorandum of Law in Support of Plaintiff's Application for TRO, Corporate Disclosure Statement, Miscellaneous Case Cover Sheet served on Gemological Institute of America, Inc on 8/28/12. Service was made by Email and Fax. Document filed by Julius Klein Diamonds, LLC. (Lawton, Jerome)
August 30, 2012 CASE REFERRED TO Judge Paul G. Gardephe as possibly related to 1:12-mc-290-PGG. (mro)
August 30, 2012 MISCELLANEOUS CASE TRANSFERRED TO CIVIL DOCKET Miscellaneous Case 12-mc-290 transferred to Civil Docket 12-cv-6644 on 08/30/2012. Case assigned to Judge Unassigned. (mro)
August 30, 2012 Case Designated ECF. (mro)
August 29, 2012 Opinion or Order Filing 7 ORDER: On August 28, 2012, Plaintiff initiated this action by filing an application for a temporary restraining order. This Court, sitting in Part I, directed the Plaintiff to file a Complaint in this action. Accordingly, the Clerk of the Court is directed to treat this case as a civil case. Plaintiff is directed to initiate the case as a new civil action and pay the appropriate filing fees. The Court's Order to Show Cause - Docket No.6 - remains in effect. (Signed by Judge Paul G. Gardephe on 8/29/2012) (lmb)
August 28, 2012 Opinion or Order Filing 6 ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER: IT IS HEREBY ORDERED that Defendants show cause before this Court, at Room 6B, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on the 5th day of September 2012, at 2:30 or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining GIA from releasing the 3.08 Diamond to Tat Keung Yee pending determination as to the ownership of the 3.08 Diamond; IT IS FURTHER ORDERED that, sufficient reason having been shown therefore, pursuant to Rule 65, Fed. R. Civ. P., GIA is temporarily restrained from releasing the 3.08 Diamond to Tat Keung Yee pending determination as to the true ownership of the 3.08 Diamond; IT IS FURTHER ORDERED that Plaintiff post bond with the Clerk of Court in the sum of $0. IT IS FURTHER ORDERED that service of a copy of this Order to Show Cause and and Temporary Restraining Order shall be made upon GIA by August 28, 2012; and IT IS FURTHER ORDERED that service of a copy of this Order to Show Cause and Temporary Restraining Order shall be made upon Tat Keung Yee by fax, Federal Express and email by August 28, 2012. Opposition papers, if any, are to be served and filed by August 31, 2012. Any reply is to be served and filed by September 4, 2012. ( Show Cause Hearing set for 9/5/2012 at 02:30 PM before Judge Part One.), ( Responses due by 8/31/2012., Replies due by 9/4/2012.) (Signed by Judge Paul G. Gardephe on 8/28/2012) (lmb)
August 28, 2012 Filing 5 DECLARATION of Jerome J. Lawton in Support re: #2 MOTION Application for Temporary Restraining Order.. Document filed by Julius Klein Diamonds, LLC. (bcu) (wb).
August 28, 2012 Filing 4 MEMORANDUM OF LAW in Support re: #2 MOTION Application for Temporary Restraining Order.. Document filed by Julius Klein Diamonds, LLC. (bcu) (wb).
August 28, 2012 Filing 3 UNSIGNED ORDER TO SHOW CAUSE filed by Julius Klein Diamonds, LLC. Gemological Institute of America, Inc. and Tat Keung Yee shall show cause as to why Rule 65, Fed. R. Civ P., GIA is temporarily restrained from releasing the 3.08 Diamond to Tat Keung Yee pending determination as to the true ownership of the 3.08 Diamond.. (Filing Fee $ 46.00, Receipt Number 465401047305)(bcu)
August 28, 2012 Filing 2 MOTION Application for Temporary Restraining Order. Document filed by Julius Klein Diamonds, LLC.(bcu) (wb).
August 28, 2012 Filing 1 COMPLAINT against Geomological Institute of America, Inc., Tat Keung Yee. (Filing Fee $ 46.00, Receipt Number 465401447305)Document filed by Julius Klein Diamonds, LLC.(bcu)

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Plaintiff: Julius Klein Diamonds, LLC
Represented By: Jerome J. Lawton
Represented By: Timothy Gerard Reynolds
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Defendant: Gemological Institute of America, Inc.
Represented By: Capricci G. Bilandal
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Defendant: Tat Keung Yee
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