Fica Frio Limited v. Seinfeld

Fica Frio Limited v. Seinfeld

Plaintiff:	Fica Frio Limited
Defendant:	Jerry Seinfeld
3Rd Party Defendant:	European Collectibles, Inc.
Case Number:	1:2019cv01032
Filed:	February 1, 2019
Court:	US District Court for the Southern District of New York
Presiding Judge:	Victor Marrero
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity Action
Jury Demanded By:	Defendant

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This docket was last retrieved on August 3, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 3, 2022	Filing 50 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) European Collectibles, Inc., Jerry Seinfeld and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Fica Frio Limited. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Moxley, Danny)
June 28, 2022	Filing 49 ORDER OF CONDITIONAL DISCONTINUANCE: ORDERED, that this action be conditionally discontinued without prejudice and without costs. By August 8, 2022, the parties may submit to the Court their own Stipulation of Dismissal for the Court to So Order. Any application for restoration of the action to the active calendar of this Court must be made by letter by August 8, 2022. Upon such notification, the defendant shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten days of the plaintiff's application for reinstatement, to schedule remaining pre-trial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event plaintiff has not requested restoration of the case to the active calendar within such period of time. Any further conferences with the Court scheduled in this action are canceled. The Clerk of Court is directed to terminate any pending motions and to close this case. SO ORDERED. ( Motions due by 8/8/2022.) (Signed by Judge Victor Marrero on 6/8/2022) (tg)
June 8, 2022	Filing 48 ORDER: On June 7, 2022, the parties in the above-named action emailed the Court to request that the status conference scheduled for Friday, June 10, 2022 be canceled due to the parties having reached a settlement. The parties informed the Court that they intend to file a stipulation of dismissal. It is hereby ordered that the June 10, 2022 conference is canceled and this action is conditionally discontinued without prejudice for 60 days. SO ORDERED. (Signed by Judge Victor Marrero on 6/8/2022) (jca)
June 1, 2022	Filing 47 LETTER addressed to Judge Victor Marrero from D. Cameron Moxley dated May 31, 2022 re: status update. Document filed by Fica Frio Limited..(Moxley, Danny)
May 10, 2022	Filing 46 ORDER: In accordance with the Court's April 29, 2022 order (Dkt. No. 45), in which the Court warned the parties that no further extensions would be considered and the Court would schedule a trial date in the matter if the parties did not resolve the dispute by May 31, 2022, the parties' instant request, received by email, for an additional extension of discovery and adjournment of the case management conference is hereby DENIED. By May 31, 2022, the parties are directed to submit a status report. A conference in this matter shall be scheduled for June 10 at 11:00 AM. SO ORDERED. (Status Conference set for 6/10/2022 at 11:00 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 5/10/2022) (jca)
May 2, 2022	Filing 45 AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. This Amended Case Management Plan and Scheduling Order is adopted in accordance with Fed. R. Civ. P. 16-26(f). This case is to be tried to a jury. Depositions to be completed by May 9, 2022. Following all discovery, all counsel must meet for at least one hour to discuss settlement, such conference to be held by not later than 2 weeks after the deadline for the completion of expert discovery. All parties do not consent to trial by a Magistrate Judge under 28 U.S.C. 636(c). Deposition due by 7/18/2022. Fact Discovery due by 5/9/2022. Expert Discovery due by 7/18/2022. (And as further set forth herein.) SO ORDERED. (Signed by Judge Victor Marrero on 4/29/2022) (jca)
April 1, 2022	Filing 44 AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Amended Case Management Plan and Scheduling Order is adopted in accordance with Fed. R. Civ. P. 16-26(f). This case is to be tried to a jury. Deposition due by 4/28/2022. Fact Discovery due by 4/28/2022. All parties do not consent to trial by a Magistrate Judge under 28 U.S.C. 636(c). The next Case Management Conference set for 6/17/2022 at 10:00 AM before Judge Victor Marrero. And as set forth herein. SO ORDERED. (Signed by Judge Victor Marrero on 4/01/2022) (ama)
September 14, 2021	Filing 43 AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Joinder of Parties due by 7/31/2020. Following all discovery, all counsel must meet for at least one hour to discuss settlement, such conference to be held by not later than 2 weeks after the deadline for the completion of expert discovery. All parties do not consent to trial by a Magistrate Judge under 28 U.S.C. 636(c). In the event the case is to proceed to trial, a firm trial date and the deadline for submission of the Joint Pretrial Order and related documents shall be scheduled at the pretrial conference following either the completion of all discovery or the Court's ruling on any dispositive motion. The Joint Pretrial Order should be prepared in accordance with Judge Marrero's Individual Practices. If this action is to be tried before a jury, proposed voir dire and jury instructions shall be filed with the Joint Pretrial Order. No motion for summary judgment shall be served after the deadline fixed for the Joint Pretrial Order. So Ordered. Expert Deposition due by 6/10/2022. Depositions 3/31/2022. Fact Discovery due by 3/31/2022. Expert Discovery due by 6/10/2022. Case Management Conference set for 6/17/2022 at 10:00 AM before Judge Victor Marrero. (Signed by Judge Victor Marrero on 9/14/2021) (js)
June 15, 2021	Filing 42 AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. All parties do not consent to trial by a Magistrate Judge under 28 U.S.C. 636(c). Joinder of Parties due by 7/31/2021. Deposition 9/13/2021. Expert Deposition due by 11/30/2021. Fact Discovery due by 9/13/2021. Expert Discovery due by 11/30/2021. Case Management Conference set for 12/3/2021 at 10:00 AM before Judge Victor Marrero. In the event the case is to proceed to trial, a firm trial date and the deadline for submission of the Joint Pretrial Order and related documents shall be scheduled at the pretrial conference following either the completion of all discovery or the Courts ruling on any dispositive motion. The Joint Pretrial Order should be prepared in accordance with Judge Marrero's Individual Practices. If this action is to be tried before a jury, proposed voir dire and jury instructions shall be filed with the Joint Pretrial Order. No motion for summary judgment shall be served after the deadline fixed for the Joint Pretrial Order. So Ordered. (Signed by Judge Victor Marrero on 6/15/2021) (js) Modified on 6/17/2021 (js).
April 9, 2021	Filing 41 ORDER: The conference scheduled for Friday, April 9, 2021 at 10:00 a.m. is hereby canceled. (Signed by Judge Victor Marrero on 4/9/2021) (jca)
April 8, 2021	Filing 40 AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Joinder of Parties due by 7/31/2021. Third-Party Defendant European Collectibles, Inc. to answer Third-Party Plaintiff's Complaint by 7/31/2021. Fact Discovery due by 6/14/2021. Depositions to be completed by 6/14/2021. Expert Discovery due by 8/30/2021. Deposition due by 8/30/2021. All parties do not consent to trial by a Magistrate Judge under 28 U.S.C. 636(c). Case Management Conference set for 9/3/2021 at 03:00 PM before Judge Victor Marrero. (Signed by Judge Victor Marrero on 4/8/2021) (va)
March 1, 2021	Filing 39 AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Joinder of additional parties to be accomplished by July 31, 2020. Third-Party Defendant European Collectibles, Inc. to answer Third-Party Plaintiff's Complaint by July 31, 2020. Deposition due by 6/14/2021. Expert Deposition due by 8/30/2021. Fact Discovery due by 6/14/2021. Expert Discovery due by 8/30/2021. Case Management Conference set for 4/9/2021 at 10:00 AM before Judge Victor Marrero. All parties do not consent to trial by a Magistrate Judge under 28 U.S.C. 636(c). (Signed by Judge Victor Marrero on 3/1/2021) (mml)
January 26, 2021	Filing 38 STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel and pursuant to Local Civil Rule 1.4 of the United States District Court for the Southern District of New York, that the law firm of Sullivan & Worcester LLP is substituted in place of Lindabury McCormick Estabrook & Cooper, P.C. as counsel of record for Third- Party Defendant European Collectibles, Inc. A supporting declaration is attached hereto pursuant to Local Civil Rule 1.4. PLEASE TAKE NOTICE that all pleadings, notices of hearing, and other filings in this matter should be served on Sullivan & Worcester LLP at the address set forth below. So Ordered. Attorney Gerald D. Silver for European Collectibles, Inc. added. Attorney Eric Barry Levine terminated. (Signed by Judge Victor Marrero on 1/26/2021) (js)
January 25, 2021	Filing 37 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by European Collectibles, Inc...(Silver, Gerald)
October 1, 2020	Filing 36 NOTICE OF APPEARANCE by Zainab Ahmad on behalf of Jerry Seinfeld..(Ahmad, Zainab)
July 31, 2020	Filing 35 RULE 26 DISCLOSURE.Document filed by European Collectibles, Inc...(Levine, Eric)
July 27, 2020	Filing 34 ANSWER to #11 Third Party Complaint,. Document filed by European Collectibles, Inc...(Levine, Eric)
July 13, 2020	Filing 33 CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Joinder of Parties due by 7/31/2020. Fact Discovery due by 3/30/2021. Deposition due by 3/30/2021. All parties do not consent to trial by a Magistrate Judge under 28 U.S.C. 636(c). Case Management Conference set for 4/9/2021 at 10:00 AM before Judge Victor Marrero. SO ORDERED. (Signed by Judge Victor Marrero on 7/13/2020) (va)
July 13, 2020	Filing 32 ENDORSED LETTER addressed to Judge Victor Marrero from D. Cameron Moxley dated 7/10/2020 re: enclosed proposed Case Management Plan and Scheduling Order. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Plaintiff. SO ORDERED. (Signed by Judge Victor Marrero on 7/13/2020) (va)
July 13, 2020	Set/Reset Deadlines: European Collectibles, Inc. answer due 7/31/2020. (va)
June 30, 2020	Filing 31 ORDER: Accordingly, it is hereby ORDERED that the motion so deemed by the Court as filed by third-party defendant European Collectibles to dismiss the Third-Party Complaint (Dkt. No. 11) on the basis of forum non conveniens (Dkt. No. 27) is DENIED; and it is further ORDERED that the parties are directed to submit a proposed Case Management Plan within ten days of the date of this Order. So Ordered. (Signed by Judge Victor Marrero on 6/30/2020) (js)
February 3, 2020	Filing 30 ENDORSED LETTER addressed to Judge Victor Marrero from David J. Molton dated 1/31/2020 re: Fica Frio Limited v. Seinfeld v. European Collectibles, Inc., No. 19-CV-1032 (VM). ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. SO ORDERED. (Signed by Judge Victor Marrero on 2/3/2020) (va) Modified on 2/10/2020 (va).
February 3, 2020	Filing 29 ENDORSED LETTER addressed to Judge Victor Marrero from Orin Snyder dated 1/31/2020 re: Fica Frio Limited v. Jerry Seinfeld v. European Collectibles, Inc., No. 19-cv-1032 (S.D.N.Y.). ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant Jerry Seinfeld. SO ORDERED. (Signed by Judge Victor Marrero on 2/3/2020) (va)
January 31, 2020	Filing 28 ENDORSED LETTER addressed to Judge Victor Marrero from Eric B. Levine dated 1/31/2020 re: Pursuant to Your Honor's January 21, 2020 decision and order, kindly accept this letter brief addressing why the third-party complaint against European Collectibles should be dismissed. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by third-party defendant European Collectibles. (Signed by Judge Victor Marrero on 1/31/2020) (jwh)
January 31, 2020	Filing 27 BRIEF for dismissal on the basis of forum non conveniens. Document filed by European Collectibles, Inc..(Levine, Eric)
January 22, 2020	Filing 26 DECISION AND ORDER: Accordingly, it is hereby ORDERED that the motion so deemed by the Court as filed by third-party defendant European Collectibles, Inc. ("European Collectibles") (Dkt. Nos. 17 and 20) to dismiss the Third-Party Complaint (0kt. No. 11) of third-party plaintiff Jerry Seinfeld ("Seinfeld") pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure is DENIED; and it is further ORDERED that plaintiff Fica Frio Limited, Seinfeld, and European Collectibles show cause by letter-briefs not exceeding three pages each submitted to the Court within ten(10) days of the date of this Order why the Court should not dismiss the case on the basis of forum non conveniens. SO ORDERED. (Signed by Judge Victor Marrero on 1/21/2020) (js)
May 22, 2019	Filing 25 ORDER: It is hereby ORDERED that, having so-deemed the letter of third-party defendant European Collectibles, Inc. as a motion to dismiss, Federal Rule of Civil Procedure 12(a)(4)(A) operates to extend the time until a responsive pleading is required. (Signed by Judge Victor Marrero on 5/22/2019) (ks)
May 22, 2019	Filing 24 ENDORSED LETTER: addressed to Judge Victor Marrero from Eric B. Levine dated 5/21/2019. re: This office represents third-party defendant European Collectibles in the above captioned matter. I am writing to Your Honor to confirm a statement made by Your Honor during yesterday's conference call regarding my client's desire to file a motion to dismiss for lack of personal jurisdiction. After the parties argued their respective positions regarding the motion and particularly the issue of venue raised by Your Honor, it was my understanding that the Court advised that it had enough information to render a decision on the substantive motion. If I am incorrect and Your Honor will be ruling on the issue of whether a motion may be filed as opposed to ruling on the substance of yesterday's argument, kindly advise. Moreover, as the deadline for my client to file its responsive pleading has been extended by stipulation until May 27, 2019, should Your Honor be unable to render a decision prior to that date, please advise if the time to file a responsive pleading will be extended by the Court under F.R.C.P. 12(a)(4)(A) or if the parties prepare and file another stipulation extending the time to answer. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by third-party defendant. So Ordered. (Signed by Judge Victor Marrero on 5/22/2019) (js)
May 20, 2019	Filing 23 ENDORSED LETTER: addressed to Judge Victor Marrero from D. Cameron Moxley dated 5/17/2019 re: Permission to attend the scheduled teleconference. ENDORSEMENT: Request Granted. SO ORDERED. (Signed by Judge Victor Marrero on 5/17/2019) (ama)
May 20, 2019	Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 5/20/2019. Danny Moxley and David Molton for plaintiff Fica Frio Limited. Orin Snyder and David Kusnetz for defendant Jerry Seinfeld. Eric Levine present for third-party defendant European Collectibles, Inc. Court heard argument on European Collectibles's letter request to file a motion to dismiss for lack of personal jurisdiction. (Dkt. No. 20) (rc)
May 16, 2019	Filing 22 PROPOSED STIPULATION AND ORDER. Document filed by European Collectibles, Inc.. (Levine, Eric)
May 14, 2019	Filing 21 NOTICE OF APPEARANCE by Eric Barry Levine on behalf of European Collectibles, Inc.. (Levine, Eric)
April 29, 2019	Filing 20 ENDORSED LETTER: addressed to Judge Victor Marrero from Jay Lavroff dated 4/26/2019 re: Counsel for Third party defendant writes, Kindly accept this letter as European Collectibles' request for a conference call to establish a schedule for the filing and briefing of the motion to dismiss for lack of personal jurisdiction. The current deadline for European Collectibles to file responsive pleadings is May 5, 2019. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Third party defendant European Collectibles. So Ordered. (Signed by Judge Victor Marrero on 4/26/2019) (js)
April 22, 2019	Filing 19 ENDORSED LETTER addressed to Jay Lavroff, Esq.from Orin Snyder dated 418/19 re: response to your pre-motion to dismiss letter Dkt. No. 17. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant Jerry Seinfeld. So Ordered. (Signed by Judge Victor Marrero on 4/22/19) (yv)
April 22, 2019	Filing 18 MEMO ENDORSEMENT on re: #17 Letter Demand to Dismiss Third-Party Complaint, filed by European Collectibles, Inc. ENDORSEMENT: The Clerk of Court is directed to enter into the public recordof this action the letter above submitted to the Court by third-party defendant. So Ordered. (Signed by Judge Victor Marrero on 4/22/19) (yv)
April 11, 2019	Filing 17 LETTER addressed to Judge Victor Marrero from Jay Lavroff dated 04/10/2019 re: Demand to Dismiss Third-Party Complaint. Document filed by European Collectibles, Inc..(Lavroff, Jay)
April 2, 2019	Filing 16 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Jerry Seinfeld.(Snyder, Orin)
March 8, 2019	Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by European Collectibles, Inc..(Lavroff, Jay)
March 8, 2019	Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. European Collectibles, Inc. waiver sent on 3/7/2019, answer due 5/6/2019. Document filed by European Collectibles, Inc.. (Lavroff, Jay)
February 26, 2019	Filing 13 ELECTRONIC SUMMONS ISSUED as to European Collectibles, Inc.. (pc)
February 25, 2019	Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to European Collectibles, Inc., re: #11 Third Party Complaint,. Document filed by Jerry Seinfeld. (Snyder, Orin)
February 25, 2019	Filing 11 THIRD PARTY COMPLAINT against European Collectibles, Inc..Document filed by Jerry Seinfeld. (Attachments: #1 Exhibit A- Plaintiff's Complaint, #2 Exhibit B- Email, #3 Exhibit C- Certificate of Authenticity, #4 Exhibit D- Purchase Order, #5 Exhibit E- Consignment Agreement)(Snyder, Orin)
February 12, 2019	Filing 10 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by the undersigned counsel for each of the parties hereto that: 1. Defendant Jerry Seinfeld will waive service of the Complaint under Federal Rule of Civil Procedure 4(d), and that Defendant's time to answer, move against, or otherwise respond to the Complaint shall be extended up to and including April 2, 2019; 2. This Stipulation does not constitute a general appearance by the Defendant and Defendant reserves his right to raise any jurisdictional, venue or other challenges to the Complaint; 3. No prior requests for extension have been made. Jerry Seinfeld answer due 4/2/2019. So Ordered (Signed by Judge Victor Marrero on 2/12/2019) (js)
February 12, 2019	Filing 9 NOTICE OF APPEARANCE by Danny Cameron Moxley on behalf of Fica Frio Limited. (Moxley, Danny)
February 11, 2019	Filing 8 NOTICE OF APPEARANCE by David Matthew Kusnetz on behalf of Jerry Seinfeld. (Kusnetz, David)
February 11, 2019	Filing 7 NOTICE OF APPEARANCE by Orin Snyder on behalf of Jerry Seinfeld. (Snyder, Orin)
February 11, 2019	Filing 6 PROPOSED STIPULATION AND ORDER. Document filed by Jerry Seinfeld. (Snyder, Orin)
February 4, 2019	Filing 5 ELECTRONIC SUMMONS ISSUED as to Jerry Seinfeld. (sj)
February 4, 2019	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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. (sj)
February 4, 2019	Magistrate Judge Stewart D. Aaron 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. (sj)
February 4, 2019	Case Designated ECF. (sj)
February 1, 2019	Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fica Frio Limited.(Molton, David)
February 1, 2019	Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Jerry Seinfeld, re: #1 Complaint,. Document filed by Fica Frio Limited. (Molton, David)
February 1, 2019	Filing 2 CIVIL COVER SHEET filed. (Molton, David)
February 1, 2019	Filing 1 COMPLAINT against Jerry Seinfeld. (Filing Fee $ 400.00, Receipt Number ANYSDC-16283591)Document filed by Fica Frio Limited. (Attachments: #1 Exhibit Exhibit A - Vehicle Summary, #2 Exhibit Exhibit B - Amelia Island Auction Catalogue terms)(Molton, David)

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Plaintiff: Fica Frio Limited
Represented By:	David J. Molton
Represented By:	Danny Cameron Moxley
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Defendant: Jerry Seinfeld
Represented By:	David Matthew Kusnetz
Represented By:	Orin Snyder
Represented By:	Zainab Ahmad
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3rd party defendant: European Collectibles, Inc.
Represented By:	Gerald D. Silver
Represented By:	Eric Barry Levine
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