Westside Winery, Inc. v. Palm Bay International, Inc. et al
Plaintiff: Westside Winery, Inc.
Defendant: Espirit Du Vin, LLC and Palm Bay International, Inc.
Case Number: 1:2018cv07075
Filed: August 7, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: George B Daniels
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1330
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 5, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2018 Filing 47 LETTER addressed to Judge George B. Daniels from Kathryn C. Cole, Esq. dated 10/5/2018 re: Request on consent to adjourn oral argument of defendants' motion to dismiss scheduled for 10/17/2018 to 11/16/2018. Document filed by Westside Winery, Inc..(Carney Cole, Kathryn)
October 1, 2018 Filing 46 NOTICE OF APPEARANCE by Kathryn Mary Carney Cole on behalf of Westside Winery, Inc.. (Carney Cole, Kathryn)
October 1, 2018 Filing 45 NOTICE OF APPEARANCE by John Peter McEntee on behalf of Westside Winery, Inc.. (McEntee, John)
September 26, 2018 Filing 44 DECLARATION of Nathan J. Geary in Support re: #13 . Document filed by Espirit Du Vin, LLC, Palm Bay International, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Reardon, Abigail)
September 26, 2018 Filing 43 MEMORANDUM OF LAW in Support re: #13 of Motion to Dismiss. Document filed by Espirit Du Vin, LLC, Palm Bay International, Inc.. (Reardon, Abigail)
September 13, 2018 Opinion or Order Filing 42 ORDER granting #41 Motion for Dale A. Hudson to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/13/2018) (jca)
September 13, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #41 MOTION for Dale A. Hudson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15561766. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 12, 2018 Filing 41 MOTION for Dale A. Hudson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15561766. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Espirit Du Vin, LLC, Palm Bay International, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Declaration of Dale A. Hudson in Support of Motion, #3 Text of Proposed Order)(Hudson, Dale)
September 12, 2018 Opinion or Order Filing 40 ORDER: Defendant's request for oral argument and for permission to file supplemental briefs of no more than ten pages regarding Defendant's pending motion to dismiss, (ECF No. 39), is GRANTED. Defendant's supplemental brief will be due September 26, 2018. Plaintiff's supplemental brief will be due October 3, 2018. Oral argument will be held on October 17, 2018. ( Brief due by 10/3/2018.) (Signed by Judge George B. Daniels on 9/12/2018) (mro)
September 11, 2018 Filing 39 LETTER addressed to Judge George B. Daniels from Abigail T. Reardon dated September 11, 2018 re: Submission of Courtesy Copies as directed by Scheduling Order (DKT 38). Document filed by Espirit Du Vin, LLC, Palm Bay International, Inc..(Reardon, Abigail)
August 9, 2018 Opinion or Order Filing 38 SCHEDULING ORDER: The above-captioned action was transferred to this Court's docket from the Northern District of California. (See ECF No. 37.) A status conference will be held on September 20, 2018, at 9:30 a.m. Counsel are directed to submit courtesy copies of any pending motions in accordance with this Court's Individual Rules of Practice. (Status Conference set for 9/20/2018 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 8/9/2018) (jwh)
August 7, 2018 Filing 37 CASE TRANSFERRED IN from the United States District Court - District of California Northern; Case Number: 4:18-cv-02765. Original file certified copy of transfer order and docket entries received. (sjo)
August 7, 2018 Magistrate Judge Barbara C. Moses 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. (sjo)
August 7, 2018 Case Designated ECF. (sjo)
August 7, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge George B. Daniels. 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. (sjo)
August 7, 2018 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
August 3, 2018 Opinion or Order Filing 36 ORDER GRANTING DEFENDANTS MOTION TO TRANSFER VENUE by Judge Saundra Brown Armstrong. (dtmS, COURT STAFF) (Filed on 8/3/2018) [Transferred from California Northern on 8/7/2018.]
July 26, 2018 Opinion or Order Filing 35 Order by Judge Saundra Brown Armstrong granting #34 Stipulation to Continue Case Management Conference. Case Management Statement due by 9/13/2018. Telephonic Case Management Conference set for 9/20/2018 03:00 PM.(dtmS, COURT STAFF) (Filed on 7/26/2018) [Transferred from California Northern on 8/7/2018.]
July 25, 2018 Filing 34 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES; [PROPOSED] ORDER filed by Palm Bay International, Inc., Westside Winery, Inc. and Espirit Du Vin, LLC. (Attachments: #1 Declaration of Dale Hudson in Support of Stipulated Request to Continue Case Management Conference)(Hudson, Dale) (Filed on 7/25/2018) Modified on 7/26/2018 (jmlS, COURT STAFF). Modified on 7/26/2018 (dtmS, COURT STAFF). [Transferred from California Northern on 8/7/2018.]
July 5, 2018 Filing 33 CLERK'S NOTICE. The Court finds that the Motion to Dismiss #13 and Motion to Transfer Case #14 are appropriate for resolution without oral argument pursuant to Local Rule 7-1(b). Accordingly, the 7/11/2018 hearing on the motions is vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dtmS, COURT STAFF) (Filed on 7/5/2018) [Transferred from California Northern on 8/7/2018.]
July 3, 2018 Filing 32 CERTIFICATE OF SERVICE by Westside Winery, Inc. re #30 Proposed Order Denying Defendants' Motion to Transfer Action to the Southern District of new York Pursuant to 28 U.S.C. 1404(a) (Simoncini, Kenneth) (Filed on 7/3/2018) [Transferred from California Northern on 8/7/2018.]
July 3, 2018 Filing 31 CERTIFICATE OF SERVICE by Westside Winery, Inc. re #29 Proposed Order Denying Defendants' Motion to Dismiss Pursuant to Rule 12(b)(6) (Simoncini, Kenneth) (Filed on 7/3/2018) [Transferred from California Northern on 8/7/2018.]
July 3, 2018 Filing 30 Proposed Order re #19 Opposition/Response to Motion, to Tranfer Action to the Southern District of New York Pursuant to 28 U.S.C. 1404(a) by Westside Winery, Inc.. (Simoncini, Kenneth) (Filed on 7/3/2018) [Transferred from California Northern on 8/7/2018.]
July 3, 2018 Filing 29 Proposed Order re #17 Opposition/Response to Motion to Dismiss Pursuant to Rule 12(b)(6) by Westside Winery, Inc.. (Simoncini, Kenneth) (Filed on 7/3/2018) [Transferred from California Northern on 8/7/2018.]
June 8, 2018 Filing 28 NOTICE OF ERRATA re #1 Notice of Removal, and Declaration of Gabriel A. Bisio by Espirit Du Vin, LLC, Palm Bay International, Inc.. (Hudson, Dale) (Filed on 6/8/2018) Modified on 6/11/2018 (cpS, COURT STAFF). [Transferred from California Northern on 8/7/2018.]
June 8, 2018 Filing 27 Reply Declaration of Badr Benabdessadek in Support of #14 MOTION to Transfer Case to Southern District of New York Pursuant to 28 U.S.C. section 1404(a) filed byEspirit Du Vin, LLC, Palm Bay International, Inc.. (Attachments: #1 Exhibit A to Declaration of B Benabdessadek, #2 Proposed Order)(Related document(s) #14 ) (Hudson, Dale) (Filed on 6/8/2018) Modified on 6/11/2018 (cpS, COURT STAFF). [Transferred from California Northern on 8/7/2018.]
June 8, 2018 #Electronic filing error. Incorrect event used. [err101] The correct event is Declaration In Support. Correct event is found under Civil Events - Motions and Related Filings - Ot her Supporting Documents - Declaration in Support. Please re-file in its entirety. Re: #25 Reply to Opposition/Response, filed by Espirit Du Vin, LLC, Palm Bay International, Inc. (jmlS, COURT STAFF) (Filed on 6/8/2018) [Transferred from California Northern on 8/7/2018.]
June 7, 2018 Filing 26 REPLY (re #13 MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6) ) Reply Memorandum of Point and Authorities ISO of Motion to Dismiss filed byEspirit Du Vin, LLC, Palm Bay International, Inc.. (Attachments: #1 Proposed Order proposed order)(Hudson, Dale) (Filed on 6/7/2018) [Transferred from California Northern on 8/7/2018.]
June 7, 2018 Filing 25 REPLY (re #14 MOTION to Transfer Case to Southern District of New York Pursuant to 28 U.S.C. section 1404(a) ) Reply Declaration of B Benabdessadek ISO of Motion to Transfer filed byEspirit Du Vin, LLC, Palm Bay International, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order proposed order)(Hudson, Dale) (Filed on 6/7/2018) [Transferred from California Northern on 8/7/2018.]
June 7, 2018 Filing 24 REPLY (re #14 MOTION to Transfer Case to Southern District of New York Pursuant to 28 U.S.C. section 1404(a) ) Reply Memorandum of Points and Authorities ISO of Dfts Motion to Transfer filed byEspirit Du Vin, LLC, Palm Bay International, Inc.. (Hudson, Dale) (Filed on 6/7/2018) [Transferred from California Northern on 8/7/2018.]
June 6, 2018 Opinion or Order Filing 23 Order by Judge Saundra Brown Armstrong granting #22 Motion for Pro Hac Vice by Nathan Geary.(dtmS, COURT STAFF) (Filed on 6/6/2018) [Transferred from California Northern on 8/7/2018.]
June 5, 2018 Filing 22 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12411045.) filed by Espirit Du Vin, LLC, Palm Bay International, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Geary, Nathan) (Filed on 6/5/2018) [Transferred from California Northern on 8/7/2018.]
May 31, 2018 Filing 21 Declaration of Kerri A. Johnson in Support of Opposition to Defendants' Motion to Transfer Case to Southern District of New York filed byWestside Winery, Inc.. (Simoncini, Kenneth) (Filed on 5/31/2018) [Transferred from California Northern on 8/7/2018.]
May 31, 2018 Filing 20 Declaration of Thomas Baker in Support of Opposition to Defendants' Motion to Transfer Case to Southern District of New York filed byWestside Winery, Inc.. (Simoncini, Kenneth) (Filed on 5/31/2018) [Transferred from California Northern on 8/7/2018.]
May 31, 2018 Filing 19 OPPOSITION/RESPONSE (re #14 MOTION to Transfer Case to Southern District of New York Pursuant to 28 U.S.C. section 1404(a) ) Memorandum of Points and Authorities in Support Thereof filed byWestside Winery, Inc.. (Simoncini, Kenneth) (Filed on 5/31/2018) [Transferred from California Northern on 8/7/2018.]
May 31, 2018 Filing 18 Declaration of Thomas Baker in Support of #17 Opposition/Response to Motion to Dismiss Pursuant to Rule 12(b)(6) filed byWestside Winery, Inc.. (Related document(s) #17 ) (Simoncini, Kenneth) (Filed on 5/31/2018) [Transferred from California Northern on 8/7/2018.]
May 31, 2018 Filing 17 OPPOSITION/RESPONSE (re #13 MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6) ) Memorandum of Points and Authorities in Support Thereof filed byWestside Winery, Inc.. (Simoncini, Kenneth) (Filed on 5/31/2018) [Transferred from California Northern on 8/7/2018.]
May 31, 2018 Filing 16 CERTIFICATE OF SERVICE by Espirit Du Vin, LLC, Palm Bay International, Inc. re #15 Order to Comply with Meet and Confer Requirement (Hudson, Dale) (Filed on 5/31/2018) [Transferred from California Northern on 8/7/2018.]
May 21, 2018 Opinion or Order Filing 15 ORDER REGARDING MEET AND CONFER REQUIREMENT. Signed by Judge Saundra Brown Armstrong on 5/21/18. (dtmS, COURT STAFF) (Filed on 5/21/2018) [Transferred from California Northern on 8/7/2018.]
May 17, 2018 Filing 14 MOTION to Transfer Case to Southern District of New York Pursuant to 28 U.S.C. section 1404(a) filed by Palm Bay International, Inc.. Motion Hearing set for 7/11/2018 01:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Saundra Brown Armstrong. Responses due by 5/31/2018. Replies due by 6/7/2018. (Attachments: #1 Declaration Declaration of Badr Benabdessadek, #2 Declaration Declaration of Dale Hudson, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G)(Hudson, Dale) (Filed on 5/17/2018) [Transferred from California Northern on 8/7/2018.]
May 17, 2018 Filing 13 MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6) filed by Palm Bay International, Inc.. Motion Hearing set for 7/11/2018 01:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Saundra Brown Armstrong. Responses due by 5/31/2018. Replies due by 6/7/2018. (Attachments: #1 Declaration Declaration of Dale Hudson in Support of Defendants' Motion to Dismiss, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G)(Hudson, Dale) (Filed on 5/17/2018) [Transferred from California Northern on 8/7/2018.]
May 16, 2018 Opinion or Order Filing 12 CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE. Joint Case Management Statement due by 8/8/2018. Telephonic Case Management Conference set for 8/15/2018 02:30 PM. Signed by Judge Saundra Brown Armstrong on 5/16/18. (dtmS, COURT STAFF) (Filed on 5/16/2018) [Transferred from California Northern on 8/7/2018.]
May 16, 2018 Opinion or Order Filing 11 Order by Judge Saundra Brown Armstrong granting #9 Motion for Pro Hac Vice by Abigail Reardon.(dtmS, COURT STAFF) (Filed on 5/16/2018) [Transferred from California Northern on 8/7/2018.]
May 16, 2018 Opinion or Order Filing 10 ORDER, Case reassigned to Judge Saundra Brown Armstrong. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case.. Signed by Executive Committee on 5/16/18. (haS, COURT STAFF) (Filed on 5/16/2018) [Transferred from California Northern on 8/7/2018.]
May 16, 2018 Filing 9 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12357867.) filed by Espirit Du Vin, LLC, Palm Bay International, Inc.. (Attachments: #1 Certificate of Good Standing)(Reardon, Abigail) (Filed on 5/16/2018) [Transferred from California Northern on 8/7/2018.]
May 16, 2018 Filing 8 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (tlhS, COURT STAFF) (Filed on 5/16/2018) [Transferred from California Northern on 8/7/2018.]
May 15, 2018 Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Espirit Du Vin, LLC, Palm Bay International, Inc... (Hudson, Dale) (Filed on 5/15/2018) [Transferred from California Northern on 8/7/2018.]
May 15, 2018 Filing 6 CERTIFICATE OF SERVICE by Espirit Du Vin, LLC, Palm Bay International, Inc. and Filing of Notice to Plaintiff and Clerk of the Sonoma County Superior Court of Removal of Civil Action to United States District Court (Hudson, Dale) (Filed on 5/15/2018) [Transferred from California Northern on 8/7/2018.]
May 11, 2018 Filing 5 CERTIFICATE OF SERVICE by Espirit Du Vin, LLC, Palm Bay International, Inc. re Notice of Settlement Conference and Settlement Conference Order; Case Management and Pretrial Order for Jury Trial; Case Management and Pretrial Order for Court Trial; Order Re Discovery Procedures; Standing Order Re Case Management Conference; Standing Order for Magistrate Judge Elizabeth D. Laporte; Standing Order on Confidential and Seal Documents; Standing Order for All Judges of the Northern District of California; Notice of Assignment of Case to a US Magistrate Judge for Trial; Consent or Declination to Magistrate Judge Jurisdiction; ECF Registration Information; Order Setting Initial Case Management Conference and ADR Deadlines (Hudson, Dale) (Filed on 5/11/2018) [Transferred from California Northern on 8/7/2018.]
May 10, 2018 Opinion or Order Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/7/2018. Initial Case Management Conference set for 8/14/2018 10:00 AM. Signed by Magistrate Judge Elizabeth D. Laporte on 5/10/18. (aaaS, COURT STAFF) (Filed on 5/10/2018) [Transferred from California Northern on 8/7/2018.]
May 10, 2018 Filing 3 Case assigned to Magistrate Judge Elizabeth D. Laporte. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/24/2018. (srnS, COURT STAFF) (Filed on 5/10/2018) [Transferred from California Northern on 8/7/2018.]
May 10, 2018 Filing 2 Certificate of Interested Entities by Espirit Du Vin, LLC, Palm Bay International, Inc. identifying Other Affiliate Palm Bay International, Inc., Other Affiliate Westside Winery, Inc., Other Affiliate SMT Acquisitions, LLC, Other Affiliate SMT Acquisitions, LLC dba Esprit Du Vin, Other Affiliate SMT Holdings, LLC, Other Affiliate Marc D. Taub for Espirit Du Vin, LLC, Palm Bay International, Inc.. (Hudson, Dale) (Filed on 5/10/2018) [Transferred from California Northern on 8/7/2018.]
May 10, 2018 Filing 1 NOTICE OF REMOVAL OF CIVIL ACTION UNDER 28 U.S.C 1332(a), 1441(b), AND 1446; (NO PROCESS); Agency Tracking ID: 0971-12342935 from Sonoma County Superior Court. Their case number is SCV-262275. (). Filed byEspirit Du Vin, LLC, Palm Bay International, Inc.. (Attachments: #1 Declaration of Gabriel A. Bisio with Exhibit A, #2 Civil Cover Sheet, #3 Certificate/Proof of Service)(Hudson, Dale) (Filed on 5/10/2018) Modified on 5/11/2018 (aaaS, COURT STAFF). [Transferred from California Northern on 8/7/2018.]

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Defendant: Espirit Du Vin, LLC
Represented By: Abigail T. Reardon
Represented By: Nathan John Geary
Represented By: Dale Alfred Hudson
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Defendant: Palm Bay International, Inc.
Represented By: Abigail T. Reardon
Represented By: Nathan John Geary
Represented By: Dale Alfred Hudson
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Plaintiff: Westside Winery, Inc.
Represented By: Kenneth Dominic Simoncini
Represented By: Kerri Anne Johnson
Represented By: Kathryn Mary Carney Cole
Represented By: John Peter McEntee
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