Sprint Nextel Corporation et al v. Ace Wholesale, Inc., et al
| Sprint Nextel Corporation and Sprint Communications Company, L.P. |
| Ace Wholesale, Inc., et al, Jason Floarea, eric Mandreger, Dominick Lanore, Tony Archie, Jose Genel, Barney Gunn, Coptrade, Inc. and Moshe Alezra |
| 1:2014mc00247 |
| August 7, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Denise L Cote |
| Frank Maas |
| Other |
| M 08-85 Motion to Compel |
Docket Report
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This docket was last retrieved on October 9, 2014. A more recent docket listing may be available from PACER.
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Filing 17
ORDER OF DISMISSAL WITHOUT PREJUDICE AND ADJOURNMENT OF OCTOBER 10, 2014 CONFERENCE....1) This Miscellaneous Action related to Plaintiffs' Motion to Compel is dismissed without prejudice with each party bearing its own costs and P&R Brothers, LLC bearing its own attorneys' fees. 2) The Conference set for October 10, 2014 at 2:00 pm ET is hereby cancelled. The Clerk of Court shall close this matter. (Signed by Judge Denise L. Cote on 10/9/2014) (gr)
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| Filing 16 NOTICE of Compliance on Plaintiffs Motion to Compel and Request for Dismissal Without Prejudice and Adjournment of the October 10, 2014 Conference re: #15 Order, Set Deadlines,,. Document filed by Sprint Communications Company, L.P., Sprint Nextel Corporation. (Attachments: #1 Text of Proposed Order Proposed Order)(Podolsky, Gail) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Gail Ellen Podolsky to E-MAIL Document No. #14 Order to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db) |
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Filing 15
ORDER: Pursuant to the telephone conference held today, a deposition in the above referenced matter has been scheduled for September 30, 2014, at 12:00 p.m., in the jury room of Courtroom 20A, 500 Pearl Street, New York 10007. It is hereby ORDERED that the deposition is to begin no later than 12:00 p.m (Deposition due by 9/30/2014.) (Signed by Magistrate Judge Frank Maas on 9/24/2014) (ja)
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| Filing 14 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION to Authorize to bring electronic devices into courthouse . Document filed by Sprint Communications Company, L.P., Sprint Nextel Corporation.(Podolsky, Gail) Modified on 9/30/2014 (db). |
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Filing 13
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Frank Maas. (Signed by Judge Denise L. Cote on 9/22/2014) (mro)
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Filing 12
ORDER....that P&R Brothers make a thorough, complete production of documents by September 24, 2014. IT IS FURTHER ORDERED that the deposition be continued to the week of September 29, 2014. Plaintiffs shall name the precise date. The deposition shall take place at the Courthouse with immediate access to Magistrate Judge Maas. With the exception of claims of privilege, the deponent shall not be instructed not to answer deposition questions. There shall be no speaking objections, and any attempt to object may be made only after a question has been asked in its entirety. IT IS FURTHER ORDERED that decision on P&R Brothers request to lift the $15,000 sanction is reserved. The Court may ultimately impose sanctions that are lower, higher, or the same as those originally imposed. The Court also reserves decision on any finding of contempt for failure to comply with the August 26 Order. IT IS FURTHER ORDERED that plaintiffs and P&R Brothers appear at a conference on Friday, October 10, 2014 at 2:00pm in Courtroom 15B. Plaintiffs shall report on whether the document production was complete, whether the deposition was adequate, and what sanctions are appropriate. P&R Brothers will be given an opportunity to be heard and to make any application it wishes. IT IS FURTHER ORDERED that counsel for P&R Brothers apply to be an ECF user, file a notice of appearance in this case (using the movant role), and docket through ECF all future letters in relation to this case. (Signed by Judge Denise L. Cote on 9/23/2014) Copies Mailed By Chambers to Amelio P. Marino, Esq. (gr)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Conference held on 9/19/2014. (Court Reporter Andrew Walker) (gr) |
| NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Part One is no longer assigned to the case. (sjo) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Motion Hearing held on 8/26/2014 re: #1 MOTION to Compel produce. Other Court Name: USDC- NDG. Other Court Case Number: 12cv2902 (JEC). (Filing Fee $ 46.00, Receipt Number 465401102059) filed by Sprint Communications Company, L.P., Sprint Nextel Corporation. (Court Reporter Tom Murray) (gr) |
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Filing 11
ORDER: Having heard plaintiffs' motion to compel at today's scheduled conference as the Part I Judge, the parties were advised that this Court would keep jurisdiction of the case. Accordingly, it is hereby ORDERED that the Clerk of Court is directed to assign this case to my docket. (Signed by Judge Denise L. Cote on 8/26/2014) (lmb)
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Filing 10
ORDER ON PLAINTIFFS' MOTION TO COMPEL.....P&R Brothers is hereby ordered to produce by September 2, 2014, all documents responsive to Plaintiffs' request for documents.....P&R is ordered to appear for a deposition on September 16, 2014...The Court finds that Plaintiffs' request for $15,000 in attorneys' fees and costs is reasonable and hereby directs P&R Brothers, LLC to pay Plaintiffs' attorneys that sum by September 16, 2014. Failure to comply with any provision of this Order may subject P&R Brothers to a finding of contempt and sanctions for that contempt including the imposition of fines in the amount of $500 per day, subject to escalation on further application, incarceration, imposition of further attorneys fees, and such other relief as may be deemed appropriate. Plaintiffs counsel and P&R Brothers shall appear at a conference on Friday, September 19, 2014 in Courtroom 15B at 4:00 p.m. to address whether P&R Brothers has complied with this Order or should be found in contempt. (Signed by Judge Denise L. Cote on 8/26/2014) (gr)
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| Transmission to Case Assignment Clerk. Transmitted re: #11 Order Reassigning Case, to the Case Assignment Clerk for preparation of notice of case assignment/reassignment. (lmb) |
| Filing 9 NOTICE OF APPEARANCE by James B. Baldinger on behalf of Sprint Communications Company, L.P., Sprint Nextel Corporation. (Baldinger, James) |
| Filing 8 NOTICE OF APPEARANCE by Gail Ellen Podolsky on behalf of Sprint Communications Company, L.P., Sprint Nextel Corporation. (Podolsky, Gail) |
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Filing 7
ORDER granting #5 Motion for James B. Baldinger to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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Filing 6
ORDER granting #4 Motion for Gail E. Podolsky to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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| Filing 5 MOTION for James B. Baldinger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10000925. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sprint Communications Company, L.P., Sprint Nextel Corporation. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Yasko, Jennifer) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for James B. Baldinger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10000925. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) |
| Filing 4 MOTION for Gail E. Podolsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9984324. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sprint Communications Company, L.P., Sprint Nextel Corporation. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Yasko, Jennifer) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for Gail E. Podolsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9984324. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 3 DECLARATION of Gail Podolsky. Document filed by Sprint Communications Company, L.P., Sprint Nextel Corporation. (sdi) (Additional attachment(s) added on 8/21/2014: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K) (wb). (Additional attachment(s) added on 8/21/2014: #11 Exhibit A) (wb). (Additional attachment(s) added on 8/21/2014: #12 Exhibit A-PART 1, #13 Exhibit A PART 2) (wb). |
| Filing 2 MEMORANDUM OF LAW in Support re: #1 MOTION to Compel produce. Other Court Name: USDC- NDG. Other Court Case Number: 12cv2902 (JEC). (Filing Fee $ 46.00, Receipt Number 465401102059). Document filed by Sprint Communications Company, L.P., Sprint Nextel Corporation. (sdi) (wb). |
| Filing 1 MOTION to Compel produce. Other Court Name: USDC- NDG. Other Court Case Number: 12cv2902 (JEC). (Filing Fee $ 46.00, Receipt Number 465401102059) Document filed by Sprint Communications Company, L.P., Sprint Nextel Corporation. Return Date set for 8/26/2014 at 10:00 AM.(sdi) (wb). |
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