Heinemann v. Derby et al
| Michelle Marie Heinemann |
| Robert T Derby, MyMail Technology LLC, MyMail Management LLC, MyMail Ltd. and Derby Enterprises LLC |
| 1:2020cv05934 |
| July 30, 2020 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Contract: Other |
| 15 U.S.C. § 294 Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on November 5, 2020. A more recent docket listing may be available from PACER.
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| Filing 25 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) All Defendants. Document filed by Michelle Marie Heinemann. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Luque, Anibal) |
Filing 24
ORDER granting #22 Motion for Leave to File Document; terminating #23 Motion for Leave to File Document. It is hereby ORDERED that: 1. Defendants' request to file a motion to dismiss is GRANTED; 2. By November 11, 2020, Defendants shall file their motion to dismiss; 3. By December 9, 2020, Plaintiff shall file her opposition; and 4. By December 23, 2020, Defendants shall file their reply, if any. By agreement of the parties, Plaintiffs conversion claim is DISMISSED, without prejudice to renewal. The Clerk of Court is directed to terminate the motions at ECF Nos. 22 and 23. SO ORDERED. (Signed by Judge Analisa Torres on 10/7/2020) (kv)
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| Set/Reset Deadlines: Motions due by 11/11/2020. Responses due by 12/9/2020 Replies due by 12/23/2020. (kv) |
| Filing 23 FIRST LETTER MOTION for Leave to File Response to Request for Leave to File Motion to Dismiss Complaint under Rule 12(b) addressed to Judge Analisa Torres from Neal S. Greenfield dated October 6, 2020. Document filed by Michelle Marie Heinemann..(Luque, Anibal) |
| Filing 22 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Analisa Torres from R. Ritch Roberts dated September 29, 2020. Document filed by Robert T Derby, Derby Enterprises LLC, MyMail Ltd., MyMail Management LLC, MyMail Technology LLC..(Roberts, Ralph) |
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Filing 21
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3), Fed. R. Civ. P. All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). This case (is) (is not) to be tried to a jury. Pending Defendant's Answer. Amended Pleadings Pending Motions to Dismiss. All Fact Discovery due by 2/14/2021. All Expert Discovery due by 3/31/2021. Deposition due by 3/31/2021. Counsel for the parties have conferred and their present best estimate of the length of trial is 2-3 days. The next Case Management Conference set for 3/1/2021 at 10:20 AM before Judge Analisa Torres. And as set forth herein. SO ORDERED. (Signed by Judge Analisa Torres on 9/16/2020) (ama)
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Filing 20
ORDER granting #19 Motion for Ralph Ritch Roberts to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ap)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Ralph Ritch Roberts to Appear Pro Hac Vice .. Filing fee $ 200.00, receipt number ANYSDC-21667190. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 9/16/2020. (ap) |
| Filing 19 MOTION for Ralph Ritch Roberts to Appear Pro Hac Vice .. Filing fee $ 200.00, receipt number ANYSDC-21667190. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robert T Derby. (Attachments: #1 Exhibit Certificate of good standing, #2 Exhibit Unsworn Declaration, #3 Text of Proposed Order).(Roberts, Ralph) |
| Filing 18 PROPOSED CASE MANAGEMENT PLAN. Document filed by Michelle Marie Heinemann. (Attachments: #1 Joint Letter).(Luque, Anibal) |
| Filing 17 NOTICE OF APPEARANCE by Dennis Michael Rothman on behalf of Robert T Derby, Derby Enterprises LLC, MyMail Ltd., MyMail Management LLC, MyMail Technology LLC..(Rothman, Dennis) |
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Filing 16
ORDER re: #8 Order for Initial Pretrial Conference. On August 3, 2020, the Court ordered the parties to submit a joint letter and proposed case management plan by September 9, 2020. ECF No. 8 paragraph 4-5. That submission is now overdue. Accordingly, it is hereby ORDERED that the parties shall submit their joint letter and proposed case management plan by 12:00 p.m. on September 15, 2020. SO ORDERED. (Signed by Judge Analisa Torres on 9/14/2020) (kv)
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| Filing 15 NOTICE of Appearance of Lester Schwab Katz & Dwyer as trial counsel. Document filed by Robert T Derby, Derby Enterprises LLC, MyMail Ltd., MyMail Management LLC, MyMail Technology LLC..(Sandercock, John) |
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Filing 14
ORDER granting in part and denying in part #13 Letter Motion for Extension of Time. GRANTED in part, DENIED in part. By September 29, 2020, Defendants shall answer or otherwise respond to the complaint. The request to adjourn the initial pretrial conference is DENIED. On September 16, 2020, at 11:40 a.m., the parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. SO ORDERED. (Signed by Judge Analisa Torres on 9/9/2020) (kv)
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| Set/Reset Deadlines: Derby Enterprises LLC answer due 9/29/2020; MyMail Ltd. answer due 9/29/2020; MyMail Management LLC answer due 9/29/2020; MyMail Technology LLC answer due 9/29/2020. (kv) |
| Filing 13 LETTER MOTION for Extension of Time to file a response to the complaint and to adjourn the scheduling conference addressed to Judge Analisa Torres from Dennis M. Rothman dated 9/8/20. Document filed by Robert T Derby, Derby Enterprises LLC, MyMail Ltd., MyMail Management LLC, MyMail Technology LLC..(Rothman, Dennis) |
| Filing 12 LETTER addressed to Judge Analisa Torres from Dennis M. Rothman dated August 18, 2020 re: joint letter re no consent to disposition on the merits by a Magistrate Judge. Document filed by Robert T Derby, Derby Enterprises LLC, MyMail Ltd., MyMail Management LLC, MyMail Technology LLC..(Rothman, Dennis) |
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time. GRANTED. By September 8, 2020, Defendants shall answer or otherwise respond to the complaint. (Signed by Judge Analisa Torres on 8/5/2020) (mro)
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| Filing 10 LETTER MOTION for Extension of Time to respond to the complaint addressed to Judge Analisa Torres from Dennis M. Rothman dated August 5, 2020. Document filed by Robert T Derby, Derby Enterprises LLC, MyMail Ltd., MyMail Management LLC, MyMail Technology LLC..(Rothman, Dennis) |
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Filing 9
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 herein). SO ORDERED. (Signed by Judge Analisa Torres on 8/3/2020) (kv)
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Filing 8
INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 11:40 a.m., September 16, 2020, to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. Principal trial counsel must appear at this and all subsequent conferences. Initial Conference set for 9/16/2020 at 11:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 8/3/2020) (kv)
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Filing 7
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b) (5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are strongly encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 8/3/2020) (kv)
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| Filing 6 NOTICE OF APPEARANCE by Neal S. Greenfield on behalf of Michelle Marie Heinemann..(Greenfield, Neal) |
| Filing 5 NOTICE OF APPEARANCE by Anibal Andres Luque on behalf of Michelle Marie Heinemann..(Luque, Anibal) |
| 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 #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..(pc) |
| Case Designated ECF. (pc) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Filing 4 AFFIDAVIT OF SERVICE of Notice of removal, civil cover sheet, Rule 7.1 statement served on Michelle Heinemann on July 30, 2020. Document filed by Robert T Derby, Derby Enterprises LLC, MyMail Ltd., MyMail Management LLC, MyMail Technology LLC. (Attachments: #1 Exhibit A -- state court electronic filing confirmation notice).(Rothman, Dennis) |
| Filing 3 CIVIL COVER SHEET filed..(Rothman, Dennis) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Robert T Derby, Derby Enterprises LLC, MyMail Ltd., MyMail Management LLC, MyMail Technology LLC..(Rothman, Dennis) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652557/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-20925657).Document filed by Derby Enterprises LLC, MyMail Management LLC, MyMail Ltd., Robert T Derby, MyMail Technology LLC. (Attachments: #1 Exhibit A -- state court summons and complaint, #2 Exhibit B -- list of parties and domiciles).(Rothman, Dennis) |
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