Shea v. Hoya Optical Labs of America, Inc.
| Patrick Shea |
| Hoya Optical Labs of America, Inc. |
| 1:2020cv08626 |
| October 16, 2020 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Contract: Other |
| 28 U.S.C. § 1330 |
| Defendant |
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Filing 33
MEMO ENDORSEMENT: on re: #32 Letter filed by Hoya Optical Labs of America, Inc. ENDORSEMENT: The parties shall submit a status update to the Court via ECF no later than January 18, 2021. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 12/02/2020) (ama)
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| Filing 32 LETTER addressed to Judge Naomi Reice Buchwald from Anthony J. DiOrio dated 12/01/2020 re: To advise the Court whether the Defendant is interested in mediating this matter. Document filed by Hoya Optical Labs of America, Inc...(DiOrio, Anthony) |
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Filing 31
MEMO ENDORSEMENT: on re: #30 Status Report filed by Hoya Optical Labs of America, Inc. ENDORSEMENT: Extension Granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 11/18/2020) (ama)
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| Filing 30 STATUS REPORT. Regarding Mediation Document filed by Hoya Optical Labs of America, Inc...(DiOrio, Anthony) |
| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Conference held on 10/27/2020. (ade) |
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ORDER The dial-in for today's 3 PM teleconference is (888) 363-4749, access code: 2712517. (HEREBY ORDERED by Judge Naomi Reice Buchwald) (Text Only Order)
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| Filing 29 NOTICE OF APPEARANCE by Anthony Joseph DiOrio on behalf of Hoya Optical Labs of America, Inc...(DiOrio, Anthony) |
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Filing 28
ORDER FOR ADMISSION PRO HAC VICE: granting #27 Motion for Leo Gerard Finucane to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 10/26/2020) (ama)
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| Filing 27 MOTION for Leo Gerard Finucane to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22287800. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Patrick Shea. (Attachments: #1 Affidavit Affidavit of Leo G. Finucane in Support of Motion to Appear Pro Hac Vice, #2 Exhibit A (Certificate of Good Standing), #3 Text of Proposed Order Order for Admission Pro Hac Vice).(Finucane, Leo) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Leo Gerard Finucane to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22287800. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 26 CASE TRANSFERRED IN from the United States District Court - District of New York Western; Case Number: 6:20-cv-06001. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| 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. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Naomi Reice Buchwald. 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. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
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Filing 25
ORDER finding as moot #8 Motion to Dismiss for Failure to State a Claim. ORDERED that Defendant's Motion to Dismiss is denied as moot; and it is furtherORDERED that, by consent of the parties and in the interest of justice, Defendant's Motion to Change Venue is granted. This case is therefore transferred to the United States District Court for the Southern District of New York pursuant to 28 U.S.C. 1404(a). Signed by Hon. Charles J. Siragusa on 10/13/20. (KAP)-CLERK TO FOLLOW UP- [Transferred from New York Western on 10/16/2020.]
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| Filing 24 TEXT ORDER. At the joint request of the parties, the Court suspends any further requirement for status reports in this matter and directs Plaintiff to notify the Court in the event the motion to dismiss is denied and the motion to transfer venue is denied. If either the motion to dismiss, or the motion to transfer venue, is granted, no notification will be necessary. Once the Court receives notification of a denial of both motions, it will schedule a Rule 16 conference. Signed by Hon. Mark W. Pedersen on 8/4/20. (KAP) [Transferred from New York Western on 10/16/2020.] |
| Filing 23 STATUS REPORT (JOINT) by Hoya Optical Labs of America, Inc.. (Polsinelli, Vincent) [Transferred from New York Western on 10/16/2020.] |
| Filing 22 NOTICE of Appearance by Vincent E. Polsinelli on behalf of Hoya Optical Labs of America, Inc. (Polsinelli, Vincent) [Transferred from New York Western on 10/16/2020.] |
| Text Order transferring case to the Honorable Charles J. Siragusa. Signed by Mary C. Loewenguth, Clerk of Court on 3/26/2020. (BK) [Transferred from New York Western on 10/16/2020.] |
| Filing 21 Minute Entry for proceedings held before Hon. Michael A. Telesca: Motion was submitted without oral argument on 2/26/2020 re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion to Change Venue to the United States District Court for the Southern District of New York filed by Hoya Optical Labs of America, Inc.. (JMC) [Transferred from New York Western on 10/16/2020.] |
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Filing 20
ORDER: Scheduling Conference set for 2/19/2020 is CANCELLED. The parties are directed to file a joint status letter by 4/3/2020, if this case remains in the WDNY beyond 3/31/2020. Signed by Hon. Mark W. Pedersen on 2/14/2020. (JB) [Transferred from New York Western on 10/16/2020.]
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| Filing 19 CERTIFICATE OF SERVICE by Hoya Optical Labs of America, Inc. re #18 Answer to Amended Complaint (Neidl, Benjamin) [Transferred from New York Western on 10/16/2020.] |
| Filing 18 ANSWER to #12 Amended Complaint by Hoya Optical Labs of America, Inc..(Neidl, Benjamin) [Transferred from New York Western on 10/16/2020.] |
| Filing 17 CERTIFICATE OF SERVICE by Hoya Optical Labs of America, Inc. re #16 Letter (Neidl, Benjamin) [Transferred from New York Western on 10/16/2020.] |
| Filing 16 Letter filed by Hoya Optical Labs of America, Inc. as to Hoya Optical Labs of America, Inc. to Magistrate Judge Pederson, requestion adjournment of February 19 scheduling conference. (Neidl, Benjamin) [Transferred from New York Western on 10/16/2020.] |
| Filing 15 CERTIFICATE OF SERVICE by Hoya Optical Labs of America, Inc. re #14 Reply to Response to Motion, (Neidl, Benjamin) [Transferred from New York Western on 10/16/2020.] |
| Filing 14 REPLY to Response to Motion re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion to Change Venue to the United States District Court for the Southern District of New York filed by Hoya Optical Labs of America, Inc.. (Neidl, Benjamin) [Transferred from New York Western on 10/16/2020.] |
| Filing 13 RESPONSE to Motion re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion to Change Venue to the United States District Court for the Southern District of New York filed by Patrick Shea. (Attachments: #1 Exhibit A)(Finucane, Leo) [Transferred from New York Western on 10/16/2020.] |
| Filing 12 AMENDED COMPLAINT against Hoya Optical Labs of America, Inc., filed by Patrick Shea. (Attachments: #1 Exhibit A)(Finucane, Leo) [Transferred from New York Western on 10/16/2020.] |
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Filing 11
ORDER granting #10 Motion for Extension of Time to File Response/Reply re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion to Change Venue to the United States District Court for the Southern District of New York Responses due by 2/14/2020. Replies due by 2/21/2020.. Signed by Hon. Michael A. Telesca on 1/21/20. (JMC) [Transferred from New York Western on 10/16/2020.]
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| Set/Reset Deadlines as to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion to Change Venue to the United States District Court for the Southern District of New York. Responses due by 2/14/2020. Replies due by 2/21/2020. Motion will be submitted without oral argument on 2/26/2020 before Hon. Michael A. Telesca. No court appearances are required. (JMC) [Transferred from New York Western on 10/16/2020.] |
| Filing 10 MOTION for Extension of Time to File Response/Reply as to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion to Change Venue to the United States District Court for the Southern District of New York by Patrick Shea.(Finucane, Leo) [Transferred from New York Western on 10/16/2020.] |
| NOTICE: Set/Reset Deadlines as to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion to Change Venue to the United States District Court for the Southern District of New York. Responses due by 1/24/2020. Replies due by 1/31/2020. Motion will be submitted without oral argument on 2/5/2020 before Hon. Michael A. Telesca. No court appearances are required. (JMC) [Transferred from New York Western on 10/16/2020.] |
| Filing 9 CERTIFICATE OF SERVICE by Hoya Optical Labs of America, Inc. re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion to Change Venue to the United States District Court for the Southern District of New York (Neidl, Benjamin) [Transferred from New York Western on 10/16/2020.] |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion to Change Venue to the United States District Court for the Southern District of New York by Hoya Optical Labs of America, Inc.. (Attachments: #1 Affidavit Attorney Affirmation in Support of Motion, #2 Memorandum in Support Memorandum of Law in Support of Motion)(Neidl, Benjamin) [Transferred from New York Western on 10/16/2020.] |
| Filing 7 CERTIFICATE OF SERVICE by Hoya Optical Labs of America, Inc. re #6 Corporate Disclosure Statement (Neidl, Benjamin) [Transferred from New York Western on 10/16/2020.] |
| Filing 6 Corporate Disclosure Statement by Hoya Optical Labs of America, Inc.. (Neidl, Benjamin) [Transferred from New York Western on 10/16/2020.] |
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Filing 5
ORDER: Scheduling Conference set for 2/19/2020 at 10:30 AM before Hon. Mark W. Pedersen. A joint proposed discovery plan is due to be filed at least 4 business days prior to the conference. Signed by Hon. Mark W. Pedersen on 1/7/2020. (JB) [Transferred from New York Western on 10/16/2020.]
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Hon. Mark W. Pedersen. Signed by Hon. Michael A. Telesca on 1/6/2020. (JMC) [Transferred from New York Western on 10/16/2020.]
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| Filing 3 AFFIDAVIT of Service for Notice of Removal served on Leo G. Finucane, Esq. (plaintiff's counsel) on January 2, 2019, filed by Hoya Optical Labs of America, Inc.., CERTIFICATE OF SERVICE by Hoya Optical Labs of America, Inc. re #1 Notice of Removal,,,,, (Neidl, Benjamin) [Transferred from New York Western on 10/16/2020.] |
| Filing 2 CERTIFICATE OF SERVICE by Hoya Optical Labs of America, Inc. re #1 Notice of Removal,,,,, (Neidl, Benjamin) [Transferred from New York Western on 10/16/2020.] |
| Case assigned to Hon. Michael A. Telesca. Notification to Chambers of on-line civil opening. (TF) [Transferred from New York Western on 10/16/2020.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TF) [Transferred from New York Western on 10/16/2020.] |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution(TF) [Transferred from New York Western on 10/16/2020.] |
| Filing 1 NOTICE OF REMOVAL by Hoya Optical Labs of America, Inc. from NYS Supreme Court, County of Monroe, case number E2019009005. (Filing fee $ 400 receipt number 0209-3694812), filed by Hoya Optical Labs of America, Inc.. (Attachments: #1 Exhibit Exhibit A - Index of State Court Papers, #2 Exhibit Exhibit B - Summons with Notice (state court), #3 Exhibit Exhibit C - Affidavit of Service re Summons with Notice (state court), #4 Exhibit Exhibit D - Notice of Appearance and Demand for Complaint (state court), #5 Exhibit Exhibit E - Plaintiff's Complaint (state court), #6 Exhibit Exhibit F - Stock Purchase Agreement that was Exhibit A to the Plaintiff's Complaint (state court), #7 Exhibit Exhibit G - Employment Agreement that was Exhibit B to the Plaintiff's Complaint (state court), #8 Exhibit Exhibit H - Defendant's Consent to Change Attorney (state court), #9 Exhibit Exhibit I -- Affidavit of Service re Defendant's Consent to Change Attorney, #10 Exhibit Exhibit J - Stipulation Extending Defendant's Time to Respond to Complaint (state court), #11 Exhibit Exhibit K - Affidavit of Service re Stipulation Extending Time to Respond to Complaint, #12 Civil Cover Sheet)(Neidl, Benjamin) [Transferred from New York Western on 10/16/2020.] |
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