Fitexin S.A.S. et al v. Precision Textiles LLC et al
| Fitexin S.A.S. and Lainiere De Picardie, Inc. |
| Precision Textiles LLC, Scott Tesser, Cami Investments, LLC, PRL Enterprises Florida, LLC, P. & S. Textiles, Inc., Peter Longo, Carlos Montoya, P. & S. Textiles Asia, Inc. and Precision Custom Coatings LLC |
| 1:2020cv08685 |
| October 19, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| P Kevin Castel |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 45 MOTION to Vacate #42 MOTION to Vacate #35 Clerk's Certificate of Default entered on December 2, 2020. Memorandum of Law in Support of Motion to Vacate. Document filed by Carlos Montoya..(Goldberg, Daniel) |
| Filing 44 MOTION to Vacate #42 MOTION to Vacate #35 Clerk's Certificate of Default entered on December 2, 2020. Declartion of Carlos Montoya. Document filed by Carlos Montoya. (Attachments: #1 Exhibit April 16, 2018 E-mail, #2 Exhibit August 20, 2018 E-mail, #3 Exhibit Employment Agreement).(Goldberg, Daniel) |
| Filing 43 MOTION to Vacate #42 MOTION to Vacate #35 Clerk's Certificate of Default entered on December 2, 2020. Declaration of Daniel I. Goldberg. Document filed by Carlos Montoya. (Attachments: #1 Exhibit Assigments Fitex to CFT-PCC and LP, #2 Exhibit October 27, 2020 E-mail, #3 Exhibit Filed Complaint).(Goldberg, Daniel) |
| Filing 42 MOTION to Vacate #35 Clerk's Certificate of Default entered on December 2, 2020. Document filed by Carlos Montoya..(Goldberg, Daniel) |
| Filing 41 MEMO ENDORSEMENT on re: #39 Letter filed by Carlos Montoya ENDORSEMENT: Defendant Montoya may file a formal motion to vacate the default in seven days. All other relief is denied without prejudice. (Signed by Judge P. Kevin Castel on 12/7/2020) (jwh) |
| Filing 40 LETTER addressed to Judge P. Kevin Castel from Eric R. Breslin dated 12/7/2020 re: Defendant Montoya's Letters Dated December 3rd and 6th. Document filed by Fitexin S.A.S., Lainiere De Picardie, Inc...(Breslin, Eric) |
| Filing 39 LETTER addressed to Judge P. Kevin Castel from Daniel I. Goldberg dated December 6, 2020 re: Follow-up Letter to Court re: Carlos Montoya's time to Respond to Complaint. Document filed by Carlos Montoya..(Goldberg, Daniel) |
| Filing 38 LETTER addressed to Judge P. Kevin Castel from Daniel I. Goldberg dated December 3, 2020 re: Carlos Montoya's time to respond to Complaint. Document filed by Carlos Montoya..(Goldberg, Daniel) |
| Filing 37 NOTICE OF APPEARANCE by Daniel I. Goldberg on behalf of Cami Investments, LLC..(Goldberg, Daniel) |
| Filing 36 NOTICE OF APPEARANCE by Daniel I. Goldberg on behalf of Peter Longo, Carlos Montoya, P. & S. Textiles Asia, Inc., P. & S. Textiles, Inc., PRL Enterprises Florida, LLC, Precision Textiles LLC, Scott Tesser..(Goldberg, Daniel) |
| Filing 35 CLERK'S CERTIFICATE OF DEFAULT as to Carlos Montoya.(km) |
| Filing 34 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Fitexin S.A.S., Lainiere De Picardie, Inc.. (Attachments: #1 Affidavit Declaration of Counsel in Support, #2 Exhibit Proposed Clerk's Certificate of Default, #3 Certificate of Service).(Breslin, Eric) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 33 SUMMONS RETURNED EXECUTED. Carlos Montoya served on 11/9/2020, answer due 11/30/2020. Service was accepted by Angel "Doe". Service was made by Mail. Document filed by Lainiere De Picardie, Inc.; Fitexin S.A.S...(Stewart, Sarah) |
Filing 32
ORDER granting #30 Motion for Brett Michael Feldman to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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Filing 31
ORDER granting #29 Motion for Sean Shafiq Zabaneh to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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| Filing 30 MOTION for Brett Michael Feldman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22494854. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fitexin S.A.S., Lainiere De Picardie, Inc.. (Attachments: #1 Declaration of Brett M. Feldman, #2 Text of Proposed Order).(Feldman, Brett) |
| Filing 29 MOTION for Sean Shafiq Zabaneh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22492206. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fitexin S.A.S., Lainiere De Picardie, Inc.. (Attachments: #1 Declaration of Sean S. Zabaneh, #2 Text of Proposed Order).(Zabaneh, Sean) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Sean Shafiq Zabaneh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22492206. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Brett Michael Feldman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22494854. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 28 MEMO ENDORSEMENT on re: #26 Letter. ENDORSEMENT: Time to answer is extended to January 6, 2021. The initial pretrial conference is scheduled for January 26, 2021 at 10:30 a.m. telephonically. Dial-in information is: Call-In: 1-888-363-4749, Access Code: 3667981#. (Cami Investments, LLC answer due 1/6/2021; Peter Longo answer due 1/6/2021; P. & S. Textiles Asia, Inc. answer due 1/6/2021; P. & S. Textiles, Inc. answer due 1/6/2021; PRL Enterprises Florida, LLC answer due 1/6/2021; Precision Textiles LLC answer due 1/6/2021; Scott Tesser answer due 1/6/2021.) (Signed by Judge P. Kevin Castel on 10/29/2020) (jwh) Modified on 11/10/2020 (jwh). |
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Filing 27
ORDER INITIAL PRETRIAL CONFERENCE: The call-in information for all teleconferences is: Dial-in: (888) 363-4749; Access Code: 3667981. Initial Conference set for 1/26/2021 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 10/29/2020) (va)
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| Filing 26 LETTER addressed to Judge P. Kevin Castel from Daniel I. Goldberg dated October 28, 2020 re: extension of time to answer, move or otherwise respond to the Complaint. Document filed by Precision Textiles LLC. (Attachments: #1 Text of Proposed Order Stipulation re extension of time to answer, move or otherwise respond).(Goldberg, Daniel) |
| Filing 25 NOTICE OF APPEARANCE by Sarah Fehm Stewart on behalf of Fitexin S.A.S., Lainiere De Picardie, Inc...(Stewart, Sarah) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to Scott Tesser..(jgo) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to PRL Enterprises Florida, LLC..(jgo) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to Precision Textiles LLC..(jgo) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to Peter Longo..(jgo) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to P. & S. Textiles, Inc...(jgo) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to P. & S. Textiles Asia, Inc...(jgo) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Carlos Montoya..(jgo) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Cami Investments, LLC..(jgo) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Scott Tesser, re: #2 Complaint,,. Document filed by Fitexin S.A.S., Lainiere De Picardie, Inc...(Breslin, Eric) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to PRL Enterprises Florida, LLC, re: #2 Complaint,,. Document filed by Fitexin S.A.S., Lainiere De Picardie, Inc...(Breslin, Eric) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Precision Textiles LLC f/k/a Precision Custom Coatings LLC, re: #2 Complaint,,. Document filed by Fitexin S.A.S., Lainiere De Picardie, Inc...(Breslin, Eric) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to P. & S. Textiles, Inc., re: #2 Complaint,,. Document filed by Fitexin S.A.S., Lainiere De Picardie, Inc...(Breslin, Eric) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to P. & S. Textiles Asia, Inc., re: #2 Complaint,,. Document filed by Fitexin S.A.S., Lainiere De Picardie, Inc...(Breslin, Eric) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Carlos Montoya, re: #2 Complaint,,. Document filed by Fitexin S.A.S., Lainiere De Picardie, Inc...(Breslin, Eric) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Peter Longo, re: #2 Complaint,,. Document filed by Fitexin S.A.S., Lainiere De Picardie, Inc...(Breslin, Eric) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Cami Investments, LLC, re: #2 Complaint,,. Document filed by Fitexin S.A.S., Lainiere De Picardie, Inc...(Breslin, Eric) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Fitexin S.A.S., Corporate Parent Chargeurs Entoilage S.A.S., Corporate Parent Chargeurs S.A. for Lainiere De Picardie, Inc.. Document filed by Lainiere De Picardie, Inc...(Breslin, Eric) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Chargeurs Entoilage S.A.S., Corporate Parent Chargeurs S.A. for Fitexin S.A.S.. Document filed by Fitexin S.A.S...(Breslin, Eric) |
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Filing 6
ORDER GRANTING PLAINTIFFS AMENDED EX PARTE MOTION FOR LEAVE TO FILE EXHIBITS 1 AND 2 TO THE COMPLAINT UNDER SEAL: Accordingly, the Court hereby GRANTS Plaintiffs leave to file the Complaint with redacted copies of Exhibits 1 and 2 and to file unredacted copies of Exhibits 1 and 2 under seal. Plaintiff shall serve Defendants with unredacted Exhibits to the Complaint. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/16/2020) (va)
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| Filing 5 MEMO ENDORSEMENT on PLAINTIFFS' EX PARTE MOTION FOR LEAVE TO FILE EXHIBITS 1 AND 2 TO THE COMPLAINT UNDER SEAL. ENDORSEMENT: Plaintiffs' Ex Parte Motion to File Exhibits 1 and 2 to the Complaint Under Seal is hereby DENIED WITHOUT PREJUDICE. Plaintiffs' request to seal the Equity and Asset Purchase Agreement (Exhibit 1) and the Restrictive Covenant Agreement (Exhibit 2) in their entirety is overbroad and not appropriately tailored to Plaintiffs' privacy interests. Plaintiffs may resubmit their Motion with appropriate redactions. (Signed by Judge Mary Kay Vyskocil, Part One on 10/13/2020) (mro) |
| Filing 4 SEALED DOCUMENT placed in vault..(jus) |
| Filing 3 CIVIL COVER SHEET filed..(jgo) |
| Filing 2 COMPLAINT against Cami Investments, LLC, Peter Longo, Carlos Montoya, P. & S. Textiles Asia, Inc., P. & S. Textiles, Inc., PRL Enterprises Florida, LLC, Precision Textiles LLC, Scott Tesser. (Filing Fee $ 400.00, Receipt Number 465401268365)Document filed by Lainiere De Picardie, Inc., Fitexin S.A.S...(jgo) (Additional attachment(s) added on 10/19/2020: #1 Exhibit Redacted Equity & Asset Purchase Agreement, #2 Exhibit Schedule 4.4(b), #3 Exhibit Redacted Restrictive Covenant Agreement) (jgo). (Main Document 2 replaced on 10/19/2020) (jgo). |
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Filing 1
ORDER: TO BE FILED UNDER SEAL: OTHER DOCUMENTS/EXHIBITS (Signed by Judge Mary Kay Vyskocil on 10/19/2020) (jgo)
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| Case Designated ECF. (jgo) |
| Magistrate Judge Barbara C. Moses 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) |
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