New Fortune Inc. v. Apex Logistics International (CN) Ltd. et al
| New Fortune Inc |
| Apex Logistics International (CN) Ltd. and Aeroflot Airlines |
| 1:2020cv04883 |
| June 25, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Denise L Cote |
| Contract: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 15 ENDORSED LETTER addressed to Judge Denise L. Cote from Louis J. Maione dated 8/7/2020 re: adjournment of the 9/4/2020 initial pretrial conference. ENDORSEMENT: The conference is adjourned to September 25, 2020 at 2:00 p.m. (Signed by Judge Denise L. Cote on 8/13/2020) (gr) |
| Filing 14 LETTER addressed to Judge Denise L. Cote from Louis J. Maione dated August 7, 2020 re: Pretrial Conference. Document filed by New Fortune Inc..(Maione, Louis) |
| Filing 13 WAIVER OF SERVICE RETURNED EXECUTED. Apex Logistics International (CN) Ltd. waiver sent on 7/23/2020, answer due 9/21/2020. Document filed by New Fortune Inc..(Maione, Louis) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. Aeroflot Airlines waiver sent on 7/30/2020, answer due 9/28/2020. Document filed by New Fortune Inc..(Maione, Louis) |
Filing 11
ORDER: IT IS HEREBY ORDERED that Plaintiff, New Fortune, Inc., by and through its attorney, Louis J. Maione, Esq., be allowed to serve the Summons and Complaint, together with a copy of this Order, on the respective defendants as follows:To Apex Logistics International (CN) Ltd.: 1. By mail to Apex Logistics International Inc., 18554 Susanna Road, Rancho Dominguez, Ca. 90221; and 2. By mail to Apex Logistics International (JFK), Inc., both at One (1) Cross Island Plaza, Ste. 308, Rosedale, N.Y., 11422 and to the New York State Department of State, Division of Corporations; and 3. By email to Leo M. Garonski, Esq., General Counsel, at leog@apexglobe.com, and by regular mail to 505 Lenola Road, #218, Moorestown, N.J., 08057; and To Aeroflot Airlines: 4. By mail both to Aeroflot-Cargo, Cargo Bldg. 86, JFK International Airport, Jamaica, N.Y. 11430. and to Aeroflot Airlines New York at 358 Fifth Ave., Ste. 1103, N.Y. N.Y. 10001; and IT IS FURTHER ORDERED, that the Summons and Complaint shall be translated both into simple Chinese and Russian, and that the time period for service is extended to 60 days from the date of this Order. IT IS FURTHER ORDERED that the mailings described above shall be by certified mail. (Signed by Judge Denise L. Cote on 7/14/2020) (jca)
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| Filing 10 PROPOSED ORDER. Document filed by New Fortune Inc. Related Document Number: [Document 9]..(Maione, Louis) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #10 Proposed Order was reviewed and approved as to form. (dt) |
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Filing 9
ORDER: Accordingly, it is hereby ORDERED that New Fortune shall by July 16, 2020 file a proposed order with a detailed description of alternative forms of service as to both defendants that New Fortune believes would satisfy the due process requirements described above. (Signed by Judge Denise L. Cote on 7/9/2020) (jca)
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| Filing 8 LETTER addressed to Judge Denise L. Cote from Louis J. Maione dated July 6, 2020 re: Permission to make Motion. Document filed by New Fortune Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit).(Maione, Louis) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Aeroflot Airlines, Apex Logistics International (CN) Ltd.. (sj) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. Due to the COVID-19 pandemic, the initial pretrial conference will be held telephonically. Prior to the date of the conference, counsel for all parties shall register as filing users in accordance with the Procedures for Electronic Case Filing. Counsel for all parties are directed to participate in the initial pretrial conference at the time and using the dial-in instructions listed below. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference, and to prepare and file a detailed written proposed schedule for any motions and discovery. If this case has been settled or otherwise terminated, counsel are not required to participate in the conference, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed prior to the date of the conference via e-mail to the Orders and Judgments Clerk at the following e-mail address: judgments@nysd.uscourts.gov. All conferences with the Court are scheduled for a specific time; there is no other matter scheduled for that time; and counsel are directed to be available promptly. The attorney who will serve as principal trial counsel must participate in the conference. Requests for adjournment shall be made no later than four business days before the conference and shall be made in a letter filed on ECF in accordance with the S.D.N.Y. Electronic Case Filing Rules and Instructions. The written submission must (a) specify the reasons for the adjournment, (b) state whether the other parties have consented, and (c) indicate times and dates on succeeding Fridays when all counsel are available. Unless counsel are notified that the conference has been adjourned it will be held as scheduled. YOU ARE DIRECTED (i) TO SO NOTIFY ALL ATTORNEYS IN THIS ACTION BY SERVING UPON EACH OF THEM A COPY OF THIS NOTICE AND THE COURT'S INDIVIDUAL PRACTICES FORTHWITH, AND (ii) TO FILE PROOF OF SUCH NOTICE WITH THE COURT. IF YOU ARE UNAWARE OF THE IDENTITY OF COUNSEL FOR ANY OF THE PARTIES, YOU MUST FORTHWITH SEND A COPY OF THE NOTICE AND PRACTICES TO THAT PARTY PERSONALLY. DATE OF CONFERENCE: SEPTEMBER 4, 2020 AT 2 P.M. The parties shall use the following dial-in credentials for the conference. Dial-in: 888-363-4749. Access code: 4324948. The parties shall use a landline if one is available. (Signed by Judge Denise L. Cote on 6/29/2020) (gr)
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| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Apex Logistics International (CN) Ltd. and Aeroflot Airlines, re: #1 Complaint. Document filed by New Fortune Inc..(Maione, Louis) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Louis J. Maione to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): information for plaintiff's attorney 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 corrected summons form PDF. (pne) |
| Filing 4 CIVIL COVER SHEET filed..(Maione, Louis) |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Apex Logistics International (CN) Ltd. and Aeroflot Airlines, re: #1 Complaint. Document filed by New Fortune Inc..(Maione, Louis) Modified on 6/29/2020 (pne). |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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..(pne) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Louis J. Maione. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pne) |
| Magistrate Judge Kevin Nathaniel Fox 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. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Louis J. Maione. The party information for the following party/parties has been modified: Aeroflot Airlines, Apex Logistics International (CN) Ltd., New Fortune Inc. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Louis J. Maione to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): name of the first listed defendant contains a typographical error; the name of the defendants must be entered when asked who the summons is being requested for, not the name of the plaintiff; remove all text from 'Signature of Clerk or Deputy Clerk' section of 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 corrected summons form PDF. (pne) |
| Case Designated ECF. (pne) |
| Filing 2 FILING ERROR - DEFICIENT SUMMONS REQUEST 'As To' PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New Fortune Inc., re: #1 Complaint. Document filed by New Fortune Inc..(Maione, Louis) Modified on 6/26/2020 (pne). |
| Filing 1 COMPLAINT against Aeroflot Airlines, Apex Logistics International (CA) Ltd.. (Filing Fee $ 400.00, Receipt Number ANYSDC-20424439)Document filed by New Fortune Inc..(Maione, Louis) |
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