Clausen et al v. Woodbolt Distribution, LLC
Plaintiff: Dale Clausen and Timothy Duncan
Defendant: Woodbolt Distribution, LLC d/b/a Nutrabolt and Woodbolt Distribution, LLC
Case Number: 1:2019cv08837
Filed: September 23, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 3, 2020 Filing 26 PROPOSED PROTECTIVE ORDER. Document filed by Dale Clausen, Timothy Duncan..(Obergfell, Andrew)
February 27, 2020 Opinion or Order Filing 25 ORDER granting #24 Letter Motion for Conference. APPLICATION GRANTED. Parties shall file the modified protective order on the docket by March 3, 2020. (Signed by Judge Lorna G. Schofield on 2/27/2020) (cf)
February 26, 2020 Filing 24 LETTER MOTION for Conference unopposed request to amend protective order addressed to Judge Lorna G. Schofield from Philip L. Fraietta dated 2/26/20. Document filed by Dale Clausen, Timothy Duncan..(Obergfell, Andrew)
February 10, 2020 Opinion or Order Filing 23 AGREED-TO PROTECTIVE ORDER OF CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) The Court retains unfettered discretion whether or not to afford confidential treatment to any Confidential Information or information contained therein submitted to the Court in connection with any motion, application, or proceeding that may result in an order and/or discretion by the Court. The parties are reminded to comply with the Court's Individual Rules, including the rules regarding the submission of sealed and redacted materials. Any provisions that are inconsistent with the Court's rules regarding the submission of sealed and redacted materials are hereby stricken. (Signed by Judge Lorna G. Schofield on 2/10/2020) (cf)
February 7, 2020 Filing 22 PROPOSED STIPULATION AND ORDER. Document filed by Dale Clausen, Timothy Duncan. (Fraietta, Philip)
December 20, 2019 Filing 21 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Woodbolt Distribution, LLC.(Curry, Judi)
December 20, 2019 Filing 20 LETTER addressed to Judge Lorna G. Schofield from Judi Abbott Curry dated December 20, 2019 re: Defendant Does Not Intend to File a Motion to Dismiss and will File its Answer to Plaintiffs' Complaint. Document filed by Woodbolt Distribution, LLC.(Curry, Judi)
December 16, 2019 Opinion or Order Filing 19 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. No additional parties may be joined after January 10, 2020 without leave of Court. Amended pleadings may be filed without leave of Court until January 10, 2020 or as provided for leave as of right under Rule 15 of the Federal Rules of Civil Procedure. All fact discovery shall be completed no later than May 10, 2020. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by June 15, 2020. All expert discovery shall be completed no later than June 25, 2020. This case is to be tried to a jury. On July 9, 2020 at 10:30 A.M. a pre-motion conference will be held for any anticipated dispositive motions, as further set forth in this Order. Amended Pleadings due by 1/10/2020. Joinder of Parties due by 1/10/2020. Deposition due by 6/15/2020. Fact Discovery due by 5/10/2020. Expert Discovery due by 6/25/2020. Pre-Motion Conference set for 7/9/2020 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 12/16/2019) (cf)
December 16, 2019 Opinion or Order Filing 18 ORDER: It is hereby ORDERED that, by December 20, 2019, Defendant shall file a letter stating whether it intends to file a motion to dismiss. If yes, the letter shall include a proposed briefing schedule that both parties support. The case management plan and scheduling order will issue in a separate order. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/16/2019) (cf)
December 12, 2019 Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 12/12/2019. (Lewis, Barton)
December 10, 2019 Opinion or Order Filing 17 ORDER: ORDERED that the initial conference is adjourned to December 12, 2019, at 5:30 P.M., ( Initial Conference set for 12/12/2019 at 05:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 12/10/2019) (ama)
December 5, 2019 Filing 16 JOINT LETTER addressed to Judge Lorna G. Schofield from Philip L. Fraietta dated December 5, 2019 re: Joint Proposed Discovery Plan. Document filed by Dale Clausen, Timothy Duncan. (Attachments: #1 Joint Proposed Discovery Plan)(Fraietta, Philip)
December 5, 2019 Filing 15 LETTER addressed to Judge Lorna G. Schofield from Philip L. Fraietta dated December 5, 2019 re: Plaintiffs' Response to Defendant's November 27, 2019 Pre-Motion Letter. Document filed by Dale Clausen, Timothy Duncan.(Fraietta, Philip)
December 2, 2019 Opinion or Order Filing 14 ORDER granting in part and denying in part #13 Letter Motion for Conference; granting in part and denying in part #13 Letter Motion to Adjourn Conference. Application GRANTED in part and DENIED in part. The initial conference set for December 10, 2019, at 10:30 A.M. is adjourned to December 12, 2019, at 10:30 A.M. The parties shall file the pre-initial conference material by December 5, 2019. Plaintiffs shall also file a response to this letter by December 5, 2019. The letter shall comply with the Court's Individual Rules regarding pre-motion letters. The letter shall include a complete briefing schedule. The schedule may take into consideration the December holidays. (Initial Conference set for 12/12/2019 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 12/2/2019) (cf)
December 2, 2019 Set/Reset Deadlines: Responses due by 12/5/2019 (cf)
November 27, 2019 Filing 13 LETTER MOTION for Conference re: #1 Complaint addressed to Judge Lorna G. Schofield from Judi Abbott Curry dated November 27, 2019., LETTER MOTION to Adjourn Conference (Initial) addressed to Judge Lorna G. Schofield from Judi Abbott Curry dated November 27, 2019. Document filed by Woodbolt Distribution, LLC.(Curry, Judi)
November 27, 2019 Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Woodbolt Distribution, LLC.(Curry, Judi)
November 4, 2019 Opinion or Order Filing 11 ORDER granting #10 Letter Motion to Adjourn Conference. Application GRANTED.The initial conference set for November 21, 2019, at 10:30 A.M. is adjourned to December 10, 2019, at 10:30 A.M. Initial Conference set for 12/10/2019 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/4/2019) (cf)
October 10, 2019 Filing 10 CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Philip L. Fraietta dated October 10, 2019. Document filed by Dale Clausen, Timothy Duncan.(Fraietta, Philip)
October 10, 2019 Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. Woodbolt Distribution, LLC waiver sent on 10/9/2019, answer due 12/9/2019. Document filed by Dale Clausen; Timothy Duncan. (Fraietta, Philip)
October 10, 2019 Filing 8 NOTICE OF APPEARANCE by Kelly Jones Howell on behalf of Woodbolt Distribution, LLC. (Howell, Kelly)
October 10, 2019 Filing 7 NOTICE OF APPEARANCE by Judi Curry on behalf of Woodbolt Distribution, LLC. (Curry, Judi)
October 7, 2019 Opinion or Order Filing 6 ORDER: Initial Conference set for 11/21/2019 at 10:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/7/2019) (cf)
September 25, 2019 Filing 5 ELECTRONIC SUMMONS ISSUED as to Woodbolt Distribution, LLC. (dnh)
September 24, 2019 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Woodbolt Distribution, LLC d/b/a Nutrabolt, re: #1 Complaint. Document filed by Dale Clausen, Timothy Duncan. (Fraietta, Philip)
September 24, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. (dnh)
September 24, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Philip Lawrence Fraietta. The party information for the following party/parties has been modified: Woodbolt Distribution, LLC d/b/a Nutrabolt, Dale Clausen, Timothy Duncan. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party was entered incorrectly. (dnh)
September 24, 2019 Case Designated ECF. (dnh)
September 24, 2019 Magistrate Judge Katharine H. Parker 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. (dnh)
September 24, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Philip Lawrence Fraietta to RE-FILE Document No. #3 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; the attorney information was omitted from the 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. (dnh)
September 24, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Philip Lawrence Fraietta. The following case opening statistical information was erroneously selected/entered: Dollar Demand 5,000,001,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 5,000,000. (dnh)
September 23, 2019 Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Woodbolt Distribution, LLC d/b/a Nutrabolt, re: #1 Complaint. Document filed by Dale Clausen, Timothy Duncan. (Fraietta, Philip) Modified on 9/24/2019 (dnh).
September 23, 2019 Filing 2 CIVIL COVER SHEET filed. (Fraietta, Philip)
September 23, 2019 Filing 1 COMPLAINT against Woodbolt Distribution, LLC d/b/a Nutrabolt. (Filing Fee $ 400.00, Receipt Number BNYSDC-17649506)Document filed by Dale Clausen, Timothy Duncan.(Fraietta, Philip)

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Plaintiff: Dale Clausen
Represented By: Philip Lawrence Fraietta
Represented By: Andrew Obergfell
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Plaintiff: Timothy Duncan
Represented By: Philip Lawrence Fraietta
Represented By: Andrew Obergfell
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Defendant: Woodbolt Distribution, LLC d/b/a Nutrabolt
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Defendant: Woodbolt Distribution, LLC
Represented By: Kelly Jones Howell
Represented By: Judi Curry
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