Creswell Investments, LTD. v. Brazil+Qi Limited et al
| CRESWELL INVESTMENTS, LTD. |
| TOM CAUCHOUIS, BRAZIL+QI LIMITED and PETER LAUDANO |
| 1:2019cv01419 |
| February 14, 2019 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Contract: Other |
| 28 U.S.C. § 1332 oc |
| Both |
Docket Report
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This docket was last retrieved on August 26, 2019. A more recent docket listing may be available from PACER.
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| Filing 31 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, without prejudice against the defendant(s) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Creswell Investments, LTD.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Isaacs, Daniel) |
Filing 30
ORDER re: #29 Amended Complaint, filed by Creswell Investments, LTD.. On July 9, 2019, the Court ordered that Plaintiff had until August 7, 2019, to file an amended complaint. Dkt. No. 25. On August 7, Plaintiff filed an amended complaint, but this was rejected as deficiently filed. Dkt. No. 29. As permission from the Court is required to refile the amended complaint, the Court hereby grants Plaintiff leave to file its amended complaint within one week of the date of this Order. Failure to do so may result in dismissal of this case for failure to prosecute. See United States ex rel. Drake v. Norden Systems, 375 F.3d 248, 250 (2d Cir. 2004) (noting "a district judge's authority to dismiss actions based on a plaintiffs failure to prosecute"). SO ORDERED. (Signed by Judge Alison J. Nathan on 8/21/2019) (kv)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel William Isaacs to RE-FILE Document No. #29 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected; Tom Cauchouis is a terminated party. The amended complaint was filed incorrectly on the due date. Permission from Chambers will be needed to refile the Amended Complaint. 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. (pc) |
| Filing 29 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #3 Complaint against All Defendants with JURY DEMAND.Document filed by Creswell Investments, LTD.. Related document: #3 Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Isaacs, Daniel) Modified on 8/8/2019 (pc). |
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Filing 28
ORDER: Accordingly, Defendant Cauchois is hereby dismissed without prejudice for lack of service. See Fed. Rule Civ. Pro. 4(m) ("If a defendant is not served within 90 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff-must dismiss the action without prejudice against that defendant or order that service be made within a specified time."). SO ORDERED. Tom Cauchouis terminated. (Signed by Judge Alison J. Nathan on 7/29/2019) (kv)
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Filing 27
MEMO ENDORSEMENT on re: #26 Letter filed by Peter Laudano, Brazil+Qi Limited. ENDORSEMENT: No conference is scheduled for either July 19,2019, or July 26, 2019. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/19/2019) (ne)
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| Filing 26 LETTER addressed to Judge Alison J. Nathan from Emily J. Mathieu dated 7/18/2019 re: Clarification of Scheduling of Initial Pretrial Conference. Document filed by Brazil+Qi Limited, Peter Laudano.(Mathieu, Emily) |
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Filing 25
MEMO ENDORSEMENT on re: #24 Letter filed by Creswell Investments, LTD.. ENDORSEMENT: Plaintiff shall file an amended complaint by no later than August 7, 2019. Docket items 19 and 22 are hereby administratively denied. By no later than one week of the date of this Order, Plaintiff shall show cause in writing why Defendant Cauchois should not be dismissed from this action. SO ORDERED. (Amended Pleadings due by 8/7/2019.) Motions terminated: #19 MOTION to Dismiss Complaint with Prejudice. filed by Peter Laudano, Brazil+Qi Limited, #22 LETTER MOTION for Oral Argument on Defendants' Motion to Dismiss addressed to Judge Alison J. Nathan from Emily J. Mathieu dated 6/26/2019. filed by Peter Laudano, Brazil+Qi Limited. (Signed by Judge Alison J. Nathan on 7/9/2019) (kv)
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| Filing 24 LETTER addressed to Judge Alison J. Nathan from Daniel W. Isaacs, Esq. dated July 8, 2019 re: Reponse to Court Order dated July 1, 2019. Document filed by Creswell Investments, LTD..(Isaacs, Daniel) |
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Filing 23
ORDER: Pursuant to Rule 3.F of this Court's Individual Practices in Civil Cases, on or before July 8, 2019 Plaintiff must notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so or (2) it will rely on the pleading being attacked. If Plaintiff chooses to amend, Defendants may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it relies on the initially-filed motion to dismiss. The initial pretrial conference scheduled for July 19, 2019 is adjourned pending resolution of this motion. Finally, the Court notes that no affidavit of service has been filed for Defendant Tom Cauchois, who has not appeared on the docket. By no later than July 8, 2019, Plaintiff shall file a letter with the Court indicating whether service has been effected on Defendant Cauchois. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/1/2019) (ne)
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| Filing 22 LETTER MOTION for Oral Argument on Defendants' Motion to Dismiss addressed to Judge Alison J. Nathan from Emily J. Mathieu dated 6/26/2019. Document filed by Brazil+Qi Limited, Peter Laudano.(Mathieu, Emily) |
| Filing 21 DECLARATION of Emily J. Mathieu in Support re: #19 MOTION to Dismiss Complaint with Prejudice.. Document filed by Brazil+Qi Limited, Peter Laudano. (Attachments: #1 Exhibit A (Agreement))(Mathieu, Emily) |
| Filing 20 MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss Complaint with Prejudice. . Document filed by Brazil+Qi Limited, Peter Laudano. (Mathieu, Emily) |
| Filing 19 MOTION to Dismiss Complaint with Prejudice. Document filed by Brazil+Qi Limited, Peter Laudano. Responses due by 7/10/2019(Mathieu, Emily) |
| Filing 18 NOTICE OF APPEARANCE by Shaun David McElhenny on behalf of Brazil+Qi Limited, Peter Laudano. (McElhenny, Shaun) |
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Filing 17
ORDER granting #16 CONSENT LETTER MOTION for Extension of Time to File Answer. SO ORDERED. (Peter Laudano answer due 6/26/2019) (Signed by Judge Alison J. Nathan on 5/28/2019) (jca)
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| Filing 16 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Emily J. Mathieu dated May 24, 2019. Document filed by Peter Laudano.(Mathieu, Emily) |
| Filing 15 NOTICE OF APPEARANCE by Emily Joy Mathieu on behalf of Peter Laudano. (Mathieu, Emily) |
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time to Answer. SO ORDERED. (Brazil+Qi Limited answer due 6/26/2019.) (Signed by Judge Alison J. Nathan on 4/30/2019) (anc)
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| Filing 13 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Emily J. Mathieu dated April 29, 2019. Document filed by Brazil+Qi Limited.(Mathieu, Emily) |
| Filing 12 NOTICE OF APPEARANCE by Emily Joy Mathieu on behalf of Brazil+Qi Limited. (Mathieu, Emily) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Brazil+Qi Limited served on 3/28/2019, answer due 4/18/2019. Service was accepted by Karen Williams, Managing Agent/Front Desk Administrator. Document filed by Creswell Investments, LTD.. (Isaacs, Daniel) |
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Filing 10
ORDER: Due to the Court's calendar, the initial pretrial conference currently scheduled for Friday, July 19, 2019 at 3 p.m. is hereby rescheduled to Friday, July 26, 2019 at 3 p.m. SO ORDERED. (Initial Conference set for 7/26/2019 at 03:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 3/11/2019) (jca)
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Filing 9
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, July 19, 2019 at 3:00 pm in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. So Ordered Initial Conference set for 7/19/2019 at 03:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 3/5/2019) (js)
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| Filing 8 ELECTRONIC SUMMONS ISSUED as to Brazil+Qi Limited, Tom Cauchouis, Peter Laudano. (dnh) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Brazil+QI Limited, TOm Cauchouis and Peter Laudano, re: #3 Complaint. Document filed by Creswell Investments, LTD.. (Isaacs, Daniel) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel William Isaacs to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): PDF must be clear of markings. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Brazil +QI Limited, Tom Cauchouis and Peter Laudano, re: #3 Complaint. Document filed by Creswell Investments, LTD.. (Isaacs, Daniel) Modified on 2/27/2019 (dnh). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel William Isaacs to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Attorney information was omitted. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Brazil +QI Limited, Tom Cauchouis and Peter Laudano, re: #3 Complaint. Document filed by Creswell Investments, LTD.. (Isaacs, Daniel) Modified on 2/25/2019 (dnh). |
| Filing 4 CIVIL COVER SHEET filed. (Isaacs, Daniel) |
| Filing 3 COMPLAINT against Brazil+Qi Limited, Tom Cauchouis, Peter Laudano. Document filed by Creswell Investments, LTD..(Isaacs, Daniel) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Daniel William Isaacs to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple citizenship of principal parties for the defendant were selected. Choose one. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel William Isaacs to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed;. Re-file the pleading using the event type 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel William Isaacs. The party information for the following party/parties has been modified: BRAZIL+QI LIMITED, TOM CAUCHOUIS, PETER LAUDANO, CRESWELL INVESTMENTS, LTD.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel William Isaacs. The following case opening statistical information was erroneously selected/entered: Dollar Demand $185,765,000; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the County code has been modified to Queens; the Fee Status code has been modified to pd (paid);. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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) |
| Case Designated ECF. (pc) |
| 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. (pc) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed. (Isaacs, Daniel) Modified on 2/15/2019 (pc). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against BRAZIL+QI LIMITED, TOM CAUCHOUIS, PETER LAUDANO. (Filing Fee $ 400.00, Receipt Number ANYSDC-16351372)Document filed by CRESWELL INVESTMENTS, LTD..(Isaacs, Daniel) Modified on 2/15/2019 (pc). |
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