Shea v. Hoya Optical Labs of America, Inc.
Plaintiff: Patrick Shea
Defendant: Hoya Optical Labs of America, Inc.
Case Number: 1:2020cv08626
Filed: October 16, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Naomi Reice Buchwald
Nature of Suit: Contract: Other
Cause of Action: 28:1330
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 16, 2020 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)
October 16, 2020 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)
October 16, 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. (sjo)
October 16, 2020 Case Designated ECF. (sjo)
October 16, 2020 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)
October 14, 2020 Opinion or Order 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.]
August 4, 2020 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.]
April 3, 2020 Filing 23 STATUS REPORT (JOINT) by Hoya Optical Labs of America, Inc.. (Polsinelli, Vincent) [Transferred from New York Western on 10/16/2020.]
March 27, 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.]
March 26, 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.]
February 26, 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.]
February 14, 2020 Opinion or Order 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.]
February 7, 2020 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.]
February 7, 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.]
February 6, 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.]
February 6, 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.]
February 6, 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.]
February 6, 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.]
February 6, 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.]
January 29, 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.]
January 21, 2020 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.]
January 21, 2020 Opinion or Order 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.]
January 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.]
January 12, 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.]
January 9, 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.]
January 9, 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.]
January 9, 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.]
January 9, 2020 Filing 6 Corporate Disclosure Statement by Hoya Optical Labs of America, Inc.. (Neidl, Benjamin) [Transferred from New York Western on 10/16/2020.]
January 7, 2020 Opinion or Order 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.]
January 6, 2020 Opinion or Order 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.]
January 3, 2020 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.]
January 3, 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.]
January 3, 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.]
January 3, 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.]
January 3, 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.]
January 2, 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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Defendant: Hoya Optical Labs of America, Inc.
Represented By: Vincent E. Polsinelli
Represented By: Benjamin Fisher Neidl
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Plaintiff: Patrick Shea
Represented By: Leo G. Finucane
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