DGI-BNSF Corp. v. TRT LeaseCo, LLC
Plaintiff: DGI-BNSF Corp.
Defendant: TRT LeaseCo, LLC
Case Number: 1:2018cv03252
Filed: April 13, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of U.S.
Presiding Judge: Valerie E. Caproni
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
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Date Filed Document Text
March 9, 2021 Opinion or Order Filing 132 ORDER: IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk o f Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 3/9/2021) (cf)
November 23, 2020 Opinion or Order Filing 103 ORDER: IT IS HEREBY ORDERED that the trial will re-commence on Monday, November 30, 2020, at 10:00 A.M. using the Trail Graphix platform. IT IS FURTHER ORDERED that if the parties reach a resolution of this matter they must promptly notify Chambers. IT IS FURTHER ORDERED that any interested members of the public may listen to the proceeding remotely by dialing 1-703-552-8058 and using conference code 416587. Recording the trial is strictly prohibited. SO ORDERED., ( Bench Trial set for 11/30/2020 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 11/23/2020) (ama)
November 11, 2020 Opinion or Order Filing 102 ORDER: IT IS HEREBY ORDERED that for those individuals attending the trial in person, they must report on Monday, November 16, 2020, at 10:00 A.M. to Courtroom 318 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New Yor k, New York 10007. IT IS FURTHER ORDERED that any interested members of the public may listen to the proceeding remotely by dialing 1-703-552-8058 and using conference code 416587. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/11/2020) (ama)
October 23, 2020 Opinion or Order Filing 97 ORDER: IT IS HEREBY ORDERED that the parties must meet and confer to agree upon a proposal for trial procedure, including a final list of attendees (counsel, client representatives, and witnesses), whether each person will be attending the trial in p erson or remotely, the agreed upon technological platform for remote testimony or questioning, and the desired method for handling exhibits in the case of remote witness testimony or remote attorney questioning. The joint proposal must be filed by no later than Friday, October 30, 2020. IT IS FURTHER ORDERED that for those individuals attending the trial in person, they must report on Monday, November 16, 2020, at 10:00 A.M. to the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. IT IS FURTHER ORDERED that the final pretrial conference will be held via Skype on Friday, November 6, 2020 at 2:00 P.M. Any interested members of the public may attend the conference by dialing 1-917-933-2166 and u sing the conference ID 819980292. Counsel for the parties will be sent the link to access the Skype video conference by email. And as set forth herein. SO ORDERED., ( Final Pretrial Conference set for 11/6/2020 at 02:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 10/23/2020) (ama) Modified on 10/23/2020 (ama).
September 15, 2020 Opinion or Order Filing 86 ORDER: IT IS HEREBY ORDERED that by no later than Friday, September 18, 2020, the parties must submit a joint letter stating whether they would like to amend the previously submitted proposed joint pretrial order, see Dkt. 77. If the parties do wish to amend the joint pretrial order, the parties must do so by no later than Friday, October 2, 2020. IT IS FURTHER ORDERED that the parties must indicate in their joint letter, due by no later than Friday, September 18, 2020, whether they wish to be r eferred for a settlement conference before Magistrate Judge Barbara Moses. Were both parties to indicate that they wishto do so, this Court will issue a referral to Magistrate Judge Moses for a settlement conference. SO ORDERED., ( Amended Pleadings due by 10/2/2020.) (Signed by Judge Valerie E. Caproni on 9/15/2020) (ama)
March 3, 2020 Opinion or Order Filing 80 ORDER: granting 79 Letter Motion for Extension of Time to File. Application Granted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 03/03/2020) (ama)
December 12, 2019 Opinion or Order Filing 72 ORDER: granting 71 Letter Motion to Adjourn Conference. Application Granted. SO ORDERED. Final Pretrial Conference set for 3/18/2020 at 03:30 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 12/12/2019) (ama)
November 6, 2019 Opinion or Order Filing 63 MEMORANDUM OPINION AND ORDER: re: 42 MOTION to Amend/Correct FOR LEAVE TO FILE FIRST AMENDED COMPLAINT filed by DGI-BNSF Corp., 62 LETTER MOTION for Extension of Time to File ASSENTED-TO MOTION FOR A ONE-WEEK EXTENSION OF PRETRIAL FILING DEADLIN ES. addressed to Judge Valerie E. Caproni from Phillip Rakhunov dated 11/4/2019 filed by DGI-BNSF Corp. For the foregoing reasons, DGI's motion for leave to file an amended complaint to add a fraudulent inducement claim is GRANTED, to the extent that DGI can allege in the amended pleading additional specific facts, including but not limited to those cited in its letter brief, Dkt. 60 at 2, supporting a plausible inference that TRT authorized Swets to act as TRT's agent in relation to t he negotiation of the MSA, or that TRT accepted the benefits of the MSA with full knowledge of Swets' alleged fraud. The amended complaint must be filed no later than November 15, 2019. The deadlines for the submission of a "joint pretrial order, with premarked trial exhibits, proposed findings of fact, and proposed conclusions of law," Dkt. 57, and any memoranda of law are adjourned pending further order. The bench trial currently scheduled for December 16, 2019, is also adjourne d pending further order. The parties are directed to propose, no later than November 22, 2019, a new schedule for filing an answer to DGI's amended complaint and the parties' pre-trial submissions, as well as a new date for a bench trial to take place in February of 2020. The Clerk of Court is respectfully requested to terminate docket entries 42 and 62. SO ORDERED., ( Amended Pleadings due by 11/15/2019.) (Signed by Judge Valerie E. Caproni on 11/06/2019) (ama)
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Plaintiff: DGI-BNSF Corp.
Represented By: Barry Shawn Pollack
Represented By: Phillip Rakhunov
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Defendant: TRT LeaseCo, LLC
Represented By: James Michael Barton
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