Lamendola v. Rothesay Limited et al
| Eric Lamendola |
| Scott Lanphere, Patrick Damien O'Brien, Rothesay Limited, Iconic Deo Valente Corporation and Robert Fowler |
| 1:2019cv06609 |
| July 16, 2019 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 5, 2019. A more recent docket listing may be available from PACER.
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| Filing 25 STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel of record that the Complaint shall be and hereby is dismissed with prejudice and without costs to any party. (Signed by Judge Analisa Torres on 9/5/2019) (mro) |
| Filing 24 PROPOSED STIPULATION AND ORDER. Document filed by Robert Fowler, Iconic Deo Valente Corporation, Scott Lanphere, Rothesay Limited. (Caceres-Boneau, Maria) |
Filing 23
ORDER: The Court having been advised that the parties have reached a settlement in principle, ECF No. 22, it is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. Any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be so-ordered by the Court. Per Rule IV(C) of the Court's Individual Practices in Civil Cases, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. (Signed by Judge Analisa Torres on 8/9/2019) (mro)
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| Filing 22 CONSENT LETTER MOTION for Extension of Time to File Answer , Move or Otherwise Respond to the #17 Amended Complaint addressed to Judge Analisa Torres from Maria Caceres-Boneau dated August 9, 2019. Document filed by Robert Fowler, Iconic Deo Valente Corporation, Rothesay Limited.(Caceres-Boneau, Maria) |
| Filing 21 NOTICE OF APPEARANCE by Maria Cristina Caceres-Boneau on behalf of Robert Fowler, Iconic Deo Valente Corporation, Rothesay Limited. (Caceres-Boneau, Maria) |
| Filing 20 NOTICE OF APPEARANCE by Eli Zev Freedberg on behalf of Robert Fowler, Iconic Deo Valente Corporation, Rothesay Limited. (Freedberg, Eli) |
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Filing 19
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 9/18/2019 at 12:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 7/18/2019) (cf)
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Filing 18
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (As further set forth in this Order.) The parties are free to withhold consent without negative consequences. (Signed by Judge Analisa Torres on 7/18/2019) (cf)
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| Filing 17 FIRST AMENDED COMPLAINT amending #12 Complaint, against Robert Fowler, Iconic Deo Valente Corporation, Scott Lanphere, Patrick Damien O'Brien, Rothesay Limited with JURY DEMAND.Document filed by Eric Lamendola. Related document: #12 Complaint,.(Criscione, Galen) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Rothesay Limited. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Galen Joseph Criscione to RE-FILE Document No. #12 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected; all the defendants must be listed in the docket entry, do not use the 'all defendants' radio button. 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. (dnh) |
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Filing 15
ORDER: Accordingly, by July 31, 2019, Plaintiff shall amend his pleading to allege the citizenship of each party. If Plaintiff fails to amend his complaint or fails to allege complete diversity of citizenship by this date, then the complaint will be dismissed for lack of subject matter jurisdiction. (As further set forth in this Order.) (Amended Pleadings due by 7/31/2019.) (Signed by Judge Analisa Torres on 7/17/2019) (cf)
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| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Rothesay Limited, re: #12 Complaint. Document filed by Eric Lamendola. (Criscione, Galen) |
| Filing 13 CIVIL COVER SHEET filed. (Criscione, Galen) |
| Filing 12 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-17260351)Document filed by Eric Lamendola.(Criscione, Galen) Modified on 7/18/2019 (dnh). |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Scott Lanphere. (pne) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Robert Fowler. (pne) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Patrick Damien O'Brien. (pne) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Iconic Deo Valente Corporation. (pne) |
| Magistrate Judge Henry B. Pitman 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. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Galen Joseph Criscione to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the wrong party/parties whom the pleading is against were selected;. 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. ***DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS*** (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Galen Joseph Criscione. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; County code Albany. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the County code has been modified to XX Out of State. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Galen Joseph Criscione to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017; the civil cover sheet was not signed; no origin selection was made. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Galen Joseph Criscione to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'c/o' or 'via' must be entered before [The Winterbotham Trust Company Limited] on the summons request PDF. 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. (pne) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Robert Fowler, re: #1 Complaint. Document filed by Eric Lamendola. (Criscione, Galen) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Patrick Damien O'Brien, re: #1 Complaint. Document filed by Eric Lamendola. (Criscione, Galen) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Scott Lanphere, re: #1 Complaint. Document filed by Eric Lamendola. (Criscione, Galen) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Iconic Deo Valente Corporation, re: #1 Complaint. Document filed by Eric Lamendola. (Criscione, Galen) |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Rothesay Limited, re: #1 Complaint. Document filed by Eric Lamendola. (Criscione, Galen) Modified on 7/17/2019 (pne). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Criscione, Galen) Modified on 7/17/2019 (pne). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-17253376)Document filed by Eric Lamendola.(Criscione, Galen) Modified on 7/17/2019 (pne). |
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