Everly v. Have & Be USA, Inc. (NY) et al
| JAMELIA EVERLY |
| HAVE & BE USA, INC (NY), HAVE & BE COMPANY, LTD, HAVE & BE USA, INC (DE), Have & Be USA, Inc. (NY), Have & Be USA (DE) and Have & Be Company, Ltd. |
| 1:2018cv05304 |
| June 12, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Ronnie Abrams |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 |
| Plaintiff |
Docket Report
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Filing 49
STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties that the above-captioned action shall be and hereby is dismissed with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1), each party to bear their own costs. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/23/2019) (ama)
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| Terminate Transcript Deadlines (ama) |
| Filing 48 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Have & Be USA, Inc. (NY), Have & Be Company, Ltd., Have & Be USA (DE) and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Have & Be USA, Inc. (NY), Have & Be Company, Ltd., Have & Be USA (DE). Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Salins, Roy) |
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Filing 47
ENDORSED LETTER: addressed to Judge Ronnie Abrams from Phyllis Gelman dated 6/26/2019 re: Therefore, Plaintiff and the Defendants all respectfully request that the Court extend the June 4, 2019, order by three weeks, and allow them up to and including July 25, 2019, to complete their settlement of the two actions. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/27/2019) (ama)
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Filing 46
ORDER: It has been reported to the Court that these cases have been settled in principle. Accordingly, it is hereby: ORDERED that the above-captioned actions are discontinued without costs to any party and without prejudice to restoring these actions to this Court's docket if the application to restore these actions is made within thirty (30) days. Any application to reopen these actions must be filed within thirty (30) days of this order, and any application filed thereafter may be denied solely on that basis. If the parties seek to have the Court retain jurisdiction to enforce a settlement agreement, the terms of the agreement must be placed on the public record and "so ordered" by the Court within the same thirty-day period. See Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015). The Clerk of Court is respectfully directed to close these cases. (Signed by Judge Ronnie Abrams on 6/4/2019) (mro)
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| Terminate Transcript Deadlines (mro) |
| Filing 45 JOINT LETTER addressed to Judge Ronnie Abrams from Roy P. Salins dated 6/3/2019 re: Status. Document filed by Have & Be Company, Ltd., Have & Be USA (DE), Have & Be USA, Inc. (NY).(Salins, Roy) |
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Filing 44
ORDER granting #43 Letter Motion for Extension of Time to Answer. Application Granted. The parties shall submit a status letter to the court following the May 31, 2019 mediation no later than June7, 2019. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/2/2019) (rj)
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| Filing 43 JOINT LETTER MOTION for Extension of Time to File Answer to the First Amended Complaint pending the results of the Mediation, addressed to Judge Ronnie Abrams from Roy P. Satins dated April 1, 2019. Document filed by Have & Be Company, Ltd., Have & Be USA (DE), Have & Be USA, Inc. (NY).(Salins, Roy) |
| Filing 42 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/21/19 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) |
| Filing 41 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/21/2019 before Judge Ronnie Abrams. Court Reporter/Transcriber: Eve Giniger, (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 4/12/2019. Redacted Transcript Deadline set for 4/22/2019. Release of Transcript Restriction set for 6/20/2019.(McGuirk, Kelly) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Phyllis Gelman to RE-FILE re: Document No. #39 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add parties: Have & Be USA, Inc. with party text 'a New York corporation', Have & Be USA, Inc. with party text 'a Delaware corporation', and, Have & Be Company, Ltd. with party text 'a South Korean corporation'; the All Defendant radio button was selected;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| Filing 40 AFFIDAVIT OF SERVICE of Third Amended Summons with Notice served on HAVE & BE USA, INC (a Delaware corporation) on March 7, 2019. Service was accepted by Nora Dindyal AGENT. Document filed by Jamelia Everly. (Gelman, Phyllis) |
| Filing 39 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT against All Defendants with JURY DEMAND.Document filed by Jamelia Everly. (Attachments: #1 Affidavit Affidavit of Service for First Amended Complaint and Demand for a Jury Trial)(Gelman, Phyllis) Modified on 3/8/2019 (jgo). |
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Filing 38
ORDER denying #6 Motion to Dismiss for Lack of Jurisdiction; granting #21 Motion to Amend/Correct. For the reasons stated on the record at today's conference, Defendant Have & Be USA (DE)'s motion to dismiss is denied and Plaintiffs cross-motion is granted. Plaintiff shall file an amended complaint in this case by March 7, 2019. Defendants shall have until April 8, 2019 to respond. The Clerk of Court is respectfully directed to terminate the motions pending at 0kt. 6 and Dkt. 21. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/21/2019) (ks) Modified on 2/21/2019 (ks).
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| Minute Entry for proceedings held before Judge Ronnie Abrams: Oral Argument held on 2/21/2019 re: #21 FIRST MOTION to Amend/Correct Summons with Notice. filed by Jamelia Everly, #6 MOTION to Dismiss for Lack of Jurisdiction for failure to comply with the requirements concerning a summons with notice, for deficient and insufficient service of process, and for failure to state a cause of action based on the applicable statute filed by Have & Be USA (DE). (Court Reporter Eve Giniger) (arc) |
| Set/Reset Deadlines: Amended Pleadings due by 3/7/2019. Responses due by 4/8/2019. (ks) |
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Filing 37
ORDER granting #36 Letter Motion for Extension of Time: Application Granted. Oral argument scheduled for today is hereby adjourned and rescheduled for February 21, 2019, at 11 a.m. (Signed by Judge Ronnie Abrams on 1/29/2019) (jwh)
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| Set/Reset Hearings: Oral Argument set for 2/21/2019 at 11:00 AM before Judge Ronnie Abrams. (jwh) |
| Filing 36 SECOND LETTER MOTION for Extension of Time for Oral Arguments addressed to Judge Ronnie Abrams from Phyllis Gelman dated 01/28/2019. Document filed by Jamelia Everly. Return Date set for 1/29/2019 at 03:00 PM.(Gelman, Phyllis) |
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Filing 35
ORDER: The oral argument scheduled for January 18, 2019 is rescheduled to January 29, 2019 at 3:00 p.m. (Signed by Judge Ronnie Abrams on January 16, 2019) (arc)
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Filing 34
ORDER: granting #27 Letter Motion for Oral Argument. Oral argument in this case is scheduled for Friday, January 18, 2019, at 3:30 p.m. in Courtroom 1506 of the U.S. District Court for the Southern District of New York, 40 FoleySquare, New York, New York. If this date or time is inconvenient, the parties are to jointly propose alternative dates in which they are available this month. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/15/2019) (ama)
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| Set/Reset Hearings: Oral Argument set for 1/18/2019 at 03:30 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (ama) |
| Filing 33 FIRST REPLY MEMORANDUM OF LAW in Support re: #21 FIRST MOTION to Amend/Correct Summons with Notice. and to file proof of service nunc pro tunc. Document filed by Jamelia Everly. (Attachments: #1 Exhibit Complaint)(Gelman, Phyllis) |
| Filing 32 AFFIDAVIT OF SERVICE of Summons with Notice served on Have & BE USA (DE) on June 11, 2018. Service was accepted by Sue Zouky Authorized Agent. Document filed by Jamelia Everly. (Gelman, Phyllis) |
| Filing 31 AFFIDAVIT OF SERVICE of Second Amended Summons with Notice served on HAVE & BE USA (DE) on June 8, 2018. Service was accepted by Sattie Jairam Intake Specialist. Document filed by Jamelia Everly. (Gelman, Phyllis) |
| Filing 30 AFFIDAVIT OF SERVICE of Amended Summons with Notice served on Have & Be USA(DE) on May 24, 2018. Service was accepted by Elena Bou Intake Specialist. Document filed by Jamelia Everly. (Gelman, Phyllis) |
| Filing 29 AFFIDAVIT OF SERVICE of Summons with Notice served on Have & Be USA, INC (NY) on June 11 2018. Service was accepted by Sue Zouky. Document filed by Jamelia Everly. (Gelman, Phyllis) |
| Filing 28 AFFIDAVIT OF SERVICE of Affidavit of Service served on HAVE & BE COMPANY, LTD. on JUNE 28, 2018. Service was accepted by Lee, Hyesung Clerk. Document filed by Jamelia Everly. (Gelman, Phyllis) |
| Filing 27 LETTER MOTION for Oral Argument addressed to Judge Ronnie Abrams from Tanya N. Blocker dated 8/24/2018. Document filed by Have & Be USA (DE).(Blocker, Tanya) |
| Filing 26 REPLY MEMORANDUM OF LAW in Support re: #6 MOTION to Dismiss for Lack of Jurisdiction for failure to comply with the requirements concerning a summons with notice, for deficient and insufficient service of process, and for failure to state a cause of action based on the applicable statute . Document filed by Have & Be USA (DE). (Salins, Roy) |
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Filing 25
ORDER granting #24 Letter Motion for Extension of Time to File Response/Reply. Application granted. Responses due by 8/24/2018 Replies due by 9/14/2018. (Signed by Judge Ronnie Abrams on 8/16/2018) (kgo)
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| Filing 24 JOINT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Ronnie Abrams from Roy Salins dated 8/16/2018. Document filed by Have & Be USA (DE).(Salins, Roy) |
| Filing 23 FIRST MEMORANDUM OF LAW in Support re: #21 FIRST MOTION to Amend/Correct Summons with Notice. Plaintiffs Memorandum of Law In Opposition to the Motion to Dismiss of Defendant Have & Be USA (DE) and in Support of Plaintiffs Motion to Amend Her Second Amended Summons with Notice to Add a Monetary Amount of Damages and to Timely File Her Proofs of Service, nunc pro tunc. Document filed by Jamelia Everly. (Gelman, Phyllis) |
| Filing 22 AFFIDAVIT in Support re: #21 FIRST MOTION to Amend/Correct Summons with Notice.. Document filed by Jamelia Everly. (Attachments: #1 Exhibit Summons with Notice, #2 Exhibit Amended Summons with Notice, #3 Exhibit Second Amended Summons with Notice, #4 Exhibit Affidavit of Service on the New York Defendant by serving the Secretary of State of the State of New York, #5 Exhibit Affidavit of Service on the Delaware Defendant by serving CT Corporation System, #6 Exhibit ffidavit of Service on the Delaware Defendant by serving CT Corporation System, #7 Exhibit Affidavit of Service on the Delaware Defendant by serving the Secretary of State of the State of New York, #8 Exhibit Email of receipt for service in Korea from Corporate Language Services, #9 Exhibit Request for Service Abroad of Judicial or extrajudicial documents, #10 Exhibit Contract to Serve the Korea Defendant, #11 Exhibit Consent to Removal by the Korea Defendant, #12 Exhibit Third Amended Summons with Notice)(Gelman, Phyllis) |
| Filing 21 FIRST MOTION to Amend/Correct Summons with Notice. Document filed by Jamelia Everly.(Gelman, Phyllis) |
| Filing 20 NOTICE OF CHANGE OF ADDRESS by Tanya N. Blocker on behalf of Have & Be USA (DE). New Address: Davis Wright Tremaine LLP, 1251 Avenue of the Americas, New York, NY, 10020, 212-489-8230. (Blocker, Tanya) |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Amend/Correct Summons with Notice. Document filed by Jamelia Everly. (Attachments: #1 Affidavit Counsels Declaration, #2 Exhibit Summons with Notice, #3 Exhibit Amended Summons with Notice, #4 Exhibit Second Amended Summons with Notice, #5 Exhibit Affidavit of Service, #6 Exhibit Affidavit of Service, #7 Exhibit Affidavit of Service, #8 Exhibit Affidavit of Service, #9 Exhibit Receipt for Service in Korea, #10 Exhibit Request for Service in Korea, #11 Exhibit Contract to Serve the Korea Defendant, #12 Exhibit Korea Defendant Consent to Removal, #13 Exhibit Third Amended Summons with Notice, #14 Memorandum of Law)(Gelman, Phyllis) Modified on 8/2/2018 (db). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Phyllis Gelman to RE-FILE Document #18 FIRST MOTION to Amend/Correct Summons with Notice. ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db) |
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Filing 19
ORDER granting #17 Letter Motion for Extension of Time to File. Application granted. So Ordered. (Signed by Judge Ronnie Abrams on 7/31/2018) (js)
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| Set/Reset Deadlines: Replies due by 8/24/2018. (js) |
| Filing 17 SECOND LETTER MOTION for Extension of Time to File Plaintiff's papers in Opposition in the Motion to Dismiss of Defendant Have &Be USA, Inc. (DE) addressed to Judge Ronnie Abrams from Phyllis Gelman & Associates, LLC dated July 31, 2018. Document filed by Jamelia Everly.(Gelman, Phyllis) |
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time. Application granted. So Ordered. (Signed by Judge Ronnie Abrams on 7/6/18) (yv)
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| Set/Reset Deadlines: Responses due by 7/30/2018. Replies due by 8/20/2018. (yv) |
| Filing 15 FIRST MOTION for Extension of Time . Document filed by Jamelia Everly. Return Date set for 7/30/2018 at 05:00 PM.(Gelman, Phyllis) |
| Filing 14 NOTICE OF APPEARANCE by Tanya N. Blocker on behalf of Have & Be USA (DE). (Blocker, Tanya) |
| Filing 13 AFFIDAVIT OF SERVICE. Service was accepted by Sue Zouky, NYS Dept of State. Document filed by Jamelia Everly. (Gelman, Phyllis) |
| Filing 12 AFFIDAVIT OF SERVICE. Service was accepted by Sattie Jairam, CT Corporations System. Document filed by Jamelia Everly. (Gelman, Phyllis) |
| Filing 11 AFFIDAVIT OF SERVICE. Service was accepted by Elena Bou, CT Corporations System. Document filed by Jamelia Everly. (Gelman, Phyllis) |
| Filing 10 AFFIDAVIT OF SERVICE. Service was accepted by Sue Zouky, NYS Dept of State. Document filed by Jamelia Everly. (Gelman, Phyllis) |
| Filing 9 CERTIFICATE OF SERVICE of #6 Notice of Motion to Dismiss, Memorandum of Law in Support of the Motion to Dismiss, and the Declaration of Roy P. Salins, with exhibit, served on Katrina M. Jones c/o Phyllis Gelman & Associates, LLC located at 225 Broadway, Suite 3504, New York, New York, 10007, attorneys for plaintiff. on June 19, 2018. Service was made by first class mail. Document filed by Have & Be USA (DE). (Salins, Roy) |
| Filing 8 DECLARATION of Roy P. Salins in Support re: #6 MOTION to Dismiss for Lack of Jurisdiction for failure to comply with the requirements concerning a summons with notice, for deficient and insufficient service of process, and for failure to state a cause of action based on the applicable statute. Document filed by Have & Be USA (DE). (Attachments: #1 Exhibit "A" of Salins' Declaration (Notice of Removal))(Salins, Roy) |
| Filing 7 MEMORANDUM OF LAW in Support re: #6 MOTION to Dismiss for Lack of Jurisdiction for failure to comply with the requirements concerning a summons with notice, for deficient and insufficient service of process, and for failure to state a cause of action based on the applicable statute . Document filed by Have & Be USA (DE). (Salins, Roy) |
| Filing 6 MOTION to Dismiss for Lack of Jurisdiction for failure to comply with the requirements concerning a summons with notice, for deficient and insufficient service of process, and for failure to state a cause of action based on the applicable statute of limitations. Document filed by Have & Be USA (DE).(Salins, Roy) |
| Filing 5 NOTICE OF CHANGE OF ADDRESS by Roy Pinchus Salins on behalf of Have & Be USA (DE). New Address: Davis Wright Tremaine LLP, 1251 Avenue of the Americas, New York, NY, 10020, 212-489-8230. (Salins, Roy) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Roy Pinchus Salins. The party information for the following party/parties has been modified: Jamelia Everly; Have & Be USA, Inc. (NY); Have & Be USA (DE); Have & Be Company, Ltd.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps;. (jgo) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 4 CERTIFICATE OF SERVICE of Notice of Removal and 7.1 Disclosure Statement served on Jamelia Everly on June 12, 2018. Service was accepted by Katrina M. Jones, Esq., Phyllis Gelman & Associates, LLC, 225 Broadway, Suite 3504, New York, New York, 10007, attorneys for plaintiff. Service was made by First Class Mail. Document filed by HAVE & BE USA, INC (DE). (Attachments: #1 Amended Certificate of Service (Notice of Removal))(Salins, Roy) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent HAVE & BE COMPANY, LTD for HAVE & BE USA, INC (DE). Document filed by HAVE & BE USA, INC (DE).(Salins, Roy) |
| Filing 2 CIVIL COVER SHEET filed. (Salins, Roy) |
| Filing 1 NOTICE OF REMOVAL from New York Supreme, County of Bronx. Case Number: 21608/2018E. (Filing Fee $ 400.00, Receipt Number 0208-15191774).Document filed by HAVE & BE USA, INC (DE). (Attachments: #1 Exhibit "A" (Summons with Notice ), #2 Exhibit "B" (Amended Summons with Notice), #3 Exhibit "C" (Second Amended Summons with Notice), #4 Exhibit "D" (Pleadings and other papers in this matter in Bronx Supreme), #5 Exhibit "E" (Have & Be Company, Ltd.'s consent to removal), #6 Exhibit "F" (Receipt for dissolution))(Salins, Roy) Modified on 6/13/2018 (jgo). Modified on 6/13/2018 (laq). |
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