Benartex, LLC v. Diversitex, Inc.
| Benartex, LLC |
| Diversitex, Inc. |
| 1:2018cv10112 |
| October 31, 2018 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Contract: Other |
| 28 U.S.C. ยง 1332 bc |
| None |
Docket Report
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Filing 14
ORDER: On December 18, 2018, defendant filed a motion to dismiss Counts Two, Three, and Four of the complaint pursuant to Rule 12(b)(6), Fed. R. Civ. P. Under Rule 15(a)(1)(B), Fed. R. Civ. P., a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by January 11, 2019. It is unlikely that plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, plaintiff shall file any opposition to the motion to dismiss by January 11, 2019. Defendants reply, if any, shall be filed by January 25, 2019..... (Signed by Judge Denise L. Cote on 12/18/2018) (gr)
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| Filing 13 AMENDED MEMORANDUM OF LAW in Support re: #11 MOTION to Dismiss Plaintiff's Second, Third and Fourth Causes of Action. . Document filed by Diversitex, Inc.. (Ruta, Joseph) |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Dismiss Plaintiff's Second, Third and Fourth Causes of Action. . Document filed by Diversitex, Inc.. (Ruta, Joseph) |
| Filing 11 MOTION to Dismiss Plaintiff's Second, Third and Fourth Causes of Action. Document filed by Diversitex, Inc.. Responses due by 1/2/2019 (Attachments: #1 Declaration of Marc Bergman, #2 Exhibit A - Agreement, #3 Exhibit B - Amendment, #4 Exhibit C - Complaint, #5 Certificate of Service)(Ruta, Joseph) |
| Filing 10 NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice) Initial Conference set for 1/4/2019 at 11:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Please follow the procedures set forth in the Notice.) (Signed by Judge Denise L. Cote on 11/26/2018) (gr) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Diversitex, Inc..(Ruta, Joseph) |
| Filing 8 NOTICE OF APPEARANCE by Joseph A Ruta on behalf of Diversitex, Inc.. (Ruta, Joseph) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Benartex, LLC. (Furman, Richard) |
| Filing 6 CERTIFICATE OF SERVICE of Summons and Complaint. Diversitex, Inc. served on 11/2/2018, answer due 11/23/2018. Service was made by Mail. Document filed by Benartex, LLC. (Furman, Richard) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Diversitex, Inc.. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Richard Leigh Furman. The party information for the following party/parties has been modified: Benartex, LLC, Diversitex, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard Leigh Furman. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 150 (Contract: Recovery/Enforcement);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 190 (Contract: Other);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard Leigh Furman. The following case opening statistical information was erroneously selected/entered: Dollar Demand blank; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $710,000; the Fee Status code has been modified to pd (paid);. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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. (pc) |
| Magistrate Judge Gabriel W. Gorenstein 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. (pc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Diversitex, Inc., re: #1 Complaint. Document filed by Benartex, LLC. (Furman, Richard) |
| Filing 3 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Benartex, LLC.(Furman, Richard) |
| Filing 2 CIVIL COVER SHEET filed. (Furman, Richard) |
| Filing 1 COMPLAINT against Diversitex, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-15841618)Document filed by Benartex, LLC.(Furman, Richard) |
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| Defendant: Diversitex, Inc. | |
| Represented By: | Joseph A Ruta |
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| Plaintiff: Benartex, LLC | |
| Represented By: | Richard Leigh Furman |
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