Agrigenetics, Inc. v. Semillas Papalotla, S.A. de C.V.
Plaintiff: Agrigenetics, Inc.
Defendant: Semillas Papalotla, S.A. de C.V.
Case Number: 1:2020cv00429
Filed: January 16, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Gabriel W Gorenstein
Referring Judge: Laura Taylor Swain
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 ds
Jury Demanded By: None
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Docket Report

This docket was last retrieved on February 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 28, 2020 Filing 44 CLERK'S JUDGMENT re: #43 Memo Endorsement in favor of Agrigenetics, Inc., Semillas Papalotla, S.A. de C.V. against Agrigenetics, Inc., Semillas Papalotla, S.A. de C.V. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memo Endorsed Order dated February 28, 2020, the complaint in the above-captioned action is hereby dismissed upon consent of the parties, with prejudice. Each party to bear its own costs. (Signed by Clerk of Court Ruby Krajick on 2/28/2020) (Attachments: #1 Right to Appeal) (km)
February 28, 2020 Opinion or Order Filing 43 MEMO ENDORSEMENT: on re: #42 Letter filed by Agrigenetics, Inc. ENDORSEMENT: The Complaint in the above-captioned action is hereby dismissed upon consent of the parties, with prejudice. Each party to bear its own costs. The Clerkof Court is requested to enter judgment accordingly. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/28/2020) (ama) Transmission to Orders and Judgments Clerk for processing.
February 28, 2020 Filing 42 LETTER addressed to Judge Laura Taylor Swain from Jason A. Leckerman dated February 28, 2020 re: Joint Status Report. Document filed by Agrigenetics, Inc...(Leckerman, Jason)
February 21, 2020 Filing 41 ***SELECTED PARTIES***DECLARATION of Joseph Alberts in Support re: #34 Order on Motion to Seal Document,,,,,,,,,,,,,,,,,,,,,,,,,,. Document filed by Agrigenetics, Inc., Semillas Papalotla, S.A. de C.V.. (Attachments: #1 Exhibit A with redactions highlighted per Order [DE 34], #2 Exhibit B with redactions highlighted per Order [DE 34])Motion or Order to File Under Seal: #34 .(Leckerman, Jason)
February 21, 2020 Filing 40 ***SELECTED PARTIES***DECLARATION of Ronald S. Maciak in Support re: #34 Order on Motion to Seal Document,,,,,,,,,,,,,,,,,,,,,,,,,,. Document filed by Agrigenetics, Inc., Semillas Papalotla, S.A. de C.V.. (Attachments: #1 Exhibit A with redactions highlighted per Order [DE 34], #2 Exhibit B with redactions highlighted per Order [DE 34])Motion or Order to File Under Seal: #34 .(Leckerman, Jason)
February 21, 2020 Filing 39 ***SELECTED PARTIES***DECLARATION of Jason A. Leckerman in Support re: #34 Order on Motion to Seal Document,,,,,,,,,,,,,,,,,,,,,,,,,,. Document filed by Agrigenetics, Inc., Semillas Papalotla, S.A. de C.V.. (Attachments: #1 Exhibit B with redactions highlighted per Order [DE 34])Motion or Order to File Under Seal: #34 .(Leckerman, Jason)
February 21, 2020 Filing 38 DECLARATION of Joseph Alberts in Support re: #8 Proposed Order to Show Cause Without Emergency Relief. Document filed by Agrigenetics, Inc.. (Attachments: #1 Exhibit A Redacted per Order [DE 34], #2 Exhibit B Redacted per Order [DE 34]).(Leckerman, Jason)
February 21, 2020 Filing 37 DECLARATION of Ronald S. Maciak in Support re: #8 Proposed Order to Show Cause Without Emergency Relief. Document filed by Agrigenetics, Inc.. (Attachments: #1 Exhibit A Redacted per Order [DE 34], #2 Exhibit B Redacted per Order [DE 34]).(Leckerman, Jason)
February 21, 2020 Filing 36 DECLARATION of Jason A. Leckerman in Support re: #8 Proposed Order to Show Cause Without Emergency Relief. Document filed by Agrigenetics, Inc.. (Attachments: #1 Exhibit B Redacted per Order [DE 34]).(Leckerman, Jason)
February 18, 2020 Opinion or Order Filing 35 ORDER FOR ADMISSION PRO HAC VICE OF LEONARD K. SAMUELS: granting #32 Motion for Leonard Keith Samuels to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/14/2020) (ama)
February 14, 2020 Opinion or Order Filing 34 ORDER: granting #11 Motion to Seal Document ; granting #19 Motion to Seal Document; granting #23 Motion to Seal Document. Before the Court is Plaintiff's complaint requesting Declaratory Judgment and a Preliminary Injunction. (Docket Entry No. 1.) In connection with its motion for a preliminary injunction (Docket Entry Nos. 9 and 14), Plaintiff has filed several Declarations and Exhibits under seal and accessible only to selected parties. (Docket Entry Nos. 12, 20, and 21.) Both parties request that the Court maintain these documents under seal in their entirety. (Docket Entry Nos. 11, 19, and 23.) The motion is granted to the extent set forth below. The contents of the documents are irrelevant to the narrow question that is before this Court. Defendant asserts, and Plaintiff agrees, that the statement of claim and the exhibits thereto, are commercially sensitive and should be filed under seal. Defendant's motion is therefore GRANTED to the extent it seeks the sealed filing of the statement of claim and exhibits, which are currently filed under seal as pages 2-122 of Docket Entry Number 12-1. Access to the sealed filing shall continue to be limited to the selected parties, which are counsel for Plaintiff and counsel for Defendant. The Court therefore GRANTS the sealing motion as to these documents only to the extent that they disclose the identities of the hybrids at issue or disclose information from which those hybrids are readily identifiable. Plaintiff shall file redacted versions of Docket Entry Numbers 12-2, 20-1, 20-2, 21-1, and 21-2, electronically linked to the motion for a preliminary injunction (Docket Entry No. 8), on the public Electronic Court Filing docket by February 21, 2020, at 5 p.m., and file unredacted versions electronically linked to this order, with the redactions highlighted, under seal and accessible only to selected parties, specifically counsel for Plaintiff and counsel for Defendant. The previously filed unredacted versions shall remain filed under seal, with access limited to counsel for Plaintiff and counsel for Defendant. This Order resolves Docket Entry Nos. 11, 19, and 23. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/14/2020) (ama)
February 14, 2020 Opinion or Order Filing 33 ORDER: For the reasons stated on the record at the proceeding today, Plaintiff's Motion for a Preliminary Injunction (Docket Entry Nos. 9 and 14), is denied. The parties are hereby ordered to promptly meet and confer, and file a joint status report by February 28, 2020, to inform the Court as to whether judgment dismissing Plaintiff's claims for declaratory and injunction relief may be entered and, if not, what further proceedings are necessary to resolve this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/14/2020) (ama)
February 14, 2020 Minute Entry for proceedings held before Judge Laura Taylor Swain: Motion Hearing held on 2/14/2020. Court Reporter Pamela Utter present. PRELIMINARY INJUNCTION HEARING held. For the reasons stated in open court, plaintiffs motion for a preliminary injunction is denied. Parties are to confer and submit a joint status report by 2/28/2020. Motion Hearing re: #11 LETTER MOTION to Seal Document - Exhibits A and B to Leckerman Declaration in Support of Proposed Order to Show Cause Why Preliminary Injunction Should Not Be Granted addressed to Judge Laura Taylor Swain from Jason A. Leckerman dated Febr filed by Agrigenetics, Inc., #23 LETTER MOTION to Seal Document Exhibit A and Exhibit B to the February 5, 2020 Declaration of Jason A. Leckerman in Support of Preliminary Injunction (Docket No. 8); Exhibit A and Exhibit B to the February 7, 2020 Declaration of Ron Maciak in S filed by Semillas Papalotla, S.A. de C.V., #19 LETTER MOTION to Seal Document #18 Declaration in Support, #17 Declaration in Support of Motion for Preliminary Injuntion addressed to Judge Laura Taylor Swain from Jason A. Leckerman dated February 7, 2020 filed by Agrigenetics, Inc. (lan)
February 13, 2020 Filing 32 MOTION for Leonard Keith Samuels to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18792945. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Semillas Papalotla, S.A. de C.V.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order).(Samuels, Leonard)
February 13, 2020 Opinion or Order Filing 31 ORDER FOR ADMISSION PRO HAC VICE OF MARIANNE CURTIS: granting #29 Motion for Marianne Curtis to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/13/2020) (ama)
February 13, 2020 Filing 30 REPLY MEMORANDUM OF LAW in Support re: #8 Proposed Order to Show Cause Without Emergency Relief . Document filed by Agrigenetics, Inc...(Leckerman, Jason)
February 13, 2020 Filing 29 MOTION for Marianne Curtis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18788508. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Semillas Papalotla, S.A. de C.V.. (Attachments: #1 Exhibit Florida Supreme Court Certificate of Good Standing, #2 Text of Proposed Order).(Curtis, Marianne)
February 13, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #32 MOTION for Leonard Keith Samuels to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18792945. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 13, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Marianne Curtis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18788508. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
February 11, 2020 Filing 28 MEMORANDUM OF LAW in Opposition re: #8 Proposed Order to Show Cause Without Emergency Relief . Document filed by Semillas Papalotla, S.A. de C.V...(Farber, Evan)
February 11, 2020 Filing 27 DECLARATION of Evan K. Farber in Opposition re: #8 Proposed Order to Show Cause Without Emergency Relief. Document filed by Semillas Papalotla, S.A. de C.V.. (Attachments: #1 Exhibit ISF Rules).(Farber, Evan)
February 11, 2020 Filing 26 DECLARATION of Ryan P. Stifter, M.S. in Opposition re: #8 Proposed Order to Show Cause Without Emergency Relief. Document filed by Semillas Papalotla, S.A. de C.V...(Farber, Evan)
February 11, 2020 Filing 25 DECLARATION of Andrei Nicolayevsky in Opposition re: #8 Proposed Order to Show Cause Without Emergency Relief. Document filed by Semillas Papalotla, S.A. de C.V...(Farber, Evan)
February 11, 2020 Opinion or Order Filing 24 ORDER FOR ADMISSION PRO HAC VICE OF JASON A. LECKERMAN: granting #7 Motion for Jason A. Leckerman to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/11/2020) (ama)
February 10, 2020 Filing 23 LETTER MOTION to Seal Document Exhibit A and Exhibit B to the February 5, 2020 Declaration of Jason A. Leckerman in Support of Preliminary Injunction (Docket No. 8); Exhibit A and Exhibit B to the February 7, 2020 Declaration of Ron Maciak in Support of Preliminary Injunction (Docket No. 20); and Exhibit A and Exhibit B to the February 7, 2020 Declaration of Joseph Alberts in Support of Preliminary Injunction (Docket No. 21) addressed to Judge Laura Taylor Swain from Evan K. Farber dated February 10, 2020. Document filed by Semillas Papalotla, S.A. de C.V...(Farber, Evan)
February 7, 2020 Filing 22 CERTIFICATE OF SERVICE of Declarations of L. Gavin, R. Maciak and J. Alberts served on Marianne Curtis on February 7, 2020. Service was made by Mail. Document filed by Agrigenetics, Inc...(Leckerman, Jason)
February 7, 2020 Filing 21 ***SELECTED PARTIES***DECLARATION of Joseph Alberts in Support re: #19 LETTER MOTION to Seal Document #18 Declaration in Support, #17 Declaration in Support of Motion for Preliminary Injuntion addressed to Judge Laura Taylor Swain from Jason A. Leckerman dated February 7, 2020., #18 Declaration in Support. Document filed by Agrigenetics, Inc., Semillas Papalotla, S.A. de C.V.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)Motion or Order to File Under Seal: #19 .(Leckerman, Jason)
February 7, 2020 Filing 20 ***SELECTED PARTIES***DECLARATION of Ronald S. Maciak in Support re: #19 LETTER MOTION to Seal Document #18 Declaration in Support, #17 Declaration in Support of Motion for Preliminary Injuntion addressed to Judge Laura Taylor Swain from Jason A. Leckerman dated February 7, 2020., #17 Declaration in Support. Document filed by Agrigenetics, Inc., Semillas Papalotla, S.A. de C.V.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)Motion or Order to File Under Seal: #19 .(Leckerman, Jason)
February 7, 2020 Filing 19 LETTER MOTION to Seal Document #18 Declaration in Support, #17 Declaration in Support of Motion for Preliminary Injuntion addressed to Judge Laura Taylor Swain from Jason A. Leckerman dated February 7, 2020. Document filed by Agrigenetics, Inc...(Leckerman, Jason)
February 7, 2020 Filing 18 DECLARATION of Joseph Alberts in Support re: #9 Memorandum of Law in Support. Document filed by Agrigenetics, Inc...(Leckerman, Jason)
February 7, 2020 Filing 17 DECLARATION of Ronald S. Maciak in Support re: #9 Memorandum of Law in Support. Document filed by Agrigenetics, Inc...(Leckerman, Jason)
February 7, 2020 Filing 16 DECLARATION of Laura Gavin in Support re: #9 Memorandum of Law in Support. Document filed by Agrigenetics, Inc.. (Attachments: #1 Exhibit Exhibit A).(Leckerman, Jason)
February 6, 2020 Filing 15 NOTICE OF APPEARANCE by Evan K. Farber on behalf of Semillas Papalotla, S.A. de C.V...(Farber, Evan)
February 6, 2020 Opinion or Order Filing 14 ORDER: The Court has received and reviewed in its entirety Plaintiff's Proposed Order to Show Cause why a Preliminary Injunction should not be granted, and all documents in support thereof. (Docket Entry Nos. 8-12.) Plaintiff's request for an Order to Show Cause is denied. The Court hereby sets a schedule for accelerated briefing and consideration of Plaintiff's motion for a Preliminary Injunction. Plaintiff's injunctive relief motion lacks factual support in evidentiary form. Plaintiff is hereby ordered to supplement its motion papers by filing and serving upon Defendant's counsel by 5:00 p.m. on February 7, 2020, by email, followed with hard copy by overnight mail, affidavits or declarations by persons with knowledge of the factual contentions relied upon in Plaintiff's motion for a preliminary injunction. Defendant's opposition must be filed on the Court's ECF system by February 11, 2020, at 5:00 p.m. and any reply by Plaintiff must be filed by February 13, 2020, at 12:00 p.m. The hearing on Plaintiff's motion for a preliminary injunction will commence at 10:00 a.m. on February 14, 2020, in Courtroom 17C, Daniel Patrick Moynihan United States Courthouse, 500Pearl Street, New York, NY, 10007. SO ORDERED., ( Responses due by 2/11/2020, Replies due by 2/13/2020.) (Signed by Judge Laura Taylor Swain on 2/06/2020) (ama)
February 6, 2020 Opinion or Order Filing 13 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. Motions referred to Gabriel W. Gorenstein. (Signed by Judge Laura Taylor Swain on 2/06/2020) (ama)
February 6, 2020 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #8 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km)
February 6, 2020 Set/Reset Deadlines as to #11 LETTER MOTION to Seal Document - Exhibits A and B to Leckerman Declaration in Support of Proposed Order to Show Cause Why Preliminary Injunction Should Not Be Granted addressed to Judge Laura Taylor Swain from Jason A. Leckerman dated Febr. Motion Hearing set for 2/14/2020 at 10:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (ama)
February 5, 2020 Filing 12 ***SELECTED PARTIES***DECLARATION of Jason A. Leckerman re: #11 LETTER MOTION to Seal Document - Exhibits A and B to Leckerman Declaration in Support of Proposed Order to Show Cause Why Preliminary Injunction Should Not Be Granted addressed to Judge Laura Taylor Swain from Jason A. Leckerman dated Febr uary 5, 2020. Document filed by Agrigenetics, Inc., Semillas Papalotla, S.A. de C.V.. (Attachments: #1 Exhibit A to Leckerman Decl. in Support of Order to Show Cause, #2 Exhibit B to Leckerman Decl. in Support of Order to Show Cause)Motion or Order to File Under Seal: #11 .(Leckerman, Jason)
February 5, 2020 Filing 11 LETTER MOTION to Seal Document - Exhibits A and B to Leckerman Declaration in Support of Proposed Order to Show Cause Why Preliminary Injunction Should Not Be Granted addressed to Judge Laura Taylor Swain from Jason A. Leckerman dated February 5, 2020. Document filed by Agrigenetics, Inc...(Leckerman, Jason)
February 5, 2020 Filing 10 DECLARATION of Jason A. Leckerman re: #9 Memorandum of Law in Support . Document filed by Agrigenetics, Inc.. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G).(Leckerman, Jason)
February 5, 2020 Filing 9 MEMORANDUM OF LAW in Support re: #8 Proposed Order to Show Cause Without Emergency Relief . Document filed by Agrigenetics, Inc.. (Attachments: #1 Certificate of Service).(Leckerman, Jason)
February 5, 2020 Filing 8 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Agrigenetics, Inc.. (Leckerman, Jason) Proposed Order to be reviewed by Clerk's Office staff.
January 29, 2020 Filing 7 MOTION for Jason A. Leckerman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18630220. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Agrigenetics, Inc.. (Attachments: #1 Text of Proposed Order, #2 Affidavit, #3 Certificate of Service, #4 Certificate of Good Standing (PA), #5 Certificate of Good Standing (NJ))(Leckerman, Jason)
January 29, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Jason A. Leckerman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18630220. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 24, 2020 Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Semillas Papalotla, S.A. de C.V. waiver sent on 1/16/2020, answer due 4/15/2020. Document filed by Agrigenetics, Inc.. (Plunkett, Denise)
January 17, 2020 Filing 5 ELECTRONIC SUMMONS ISSUED as to Semillas Papalotla, S.A. de C.V.. (jgo)
January 17, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Denise Plunkett. The party information for the following party/parties has been modified: Agrigenetics, Inc.; Semillas Papalotla, S.A. de C.V.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
January 17, 2020 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
January 17, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (jgo)
January 17, 2020 Case Designated ECF. (jgo)
January 16, 2020 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Semillas Papalotla, S.A. de C.V., re: #1 Complaint. Document filed by Agrigenetics, Inc.. (Plunkett, Denise)
January 16, 2020 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Corteva, Inc. for Agrigenetics, Inc.. Document filed by Agrigenetics, Inc..(Plunkett, Denise)
January 16, 2020 Filing 2 CIVIL COVER SHEET filed. (Plunkett, Denise)
January 16, 2020 Filing 1 COMPLAINT against Semillas Papalotla, S.A. de C.V.. (Filing Fee $ 400.00, Receipt Number ANYSDC-18519988)Document filed by Agrigenetics, Inc..(Plunkett, Denise)

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Plaintiff: Agrigenetics, Inc.
Represented By: Denise Plunkett
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Defendant: Semillas Papalotla, S.A. de C.V.
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