CareandWear II, Inc. v. Nexcha L.L.C.
Plaintiff: CareandWear II, Inc. CareandWear II, Inc. d/b/a Care+Wear and CareandWear II, Inc. doing business as Care+Wear
Defendant: Nexcha L.L.C.
Case Number: 1:2020cv08773
Filed: October 21, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Alison J Nathan
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 9, 2020 Opinion or Order Filing 16 FIRST AMENDED COMPLAINT amending #6 Complaint against Nexcha L.L.C. with JURY DEMAND.Document filed by CareandWear II, Inc.. Related document: #6 Complaint..(Swift, Alethea)
November 25, 2020 Opinion or Order Filing 15 ANSWER to #6 Complaint. Document filed by Nexcha L.L.C...(Gold, Barry)
November 25, 2020 Opinion or Order Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nexcha L.L.C...(Gold, Barry)
November 20, 2020 Opinion or Order Filing 13 ORDER: Within twenty days of the date of this Order, Plaintiff shall amend its Complaint to allege the citizenship of each constituent person or entity comprising Nexcha L.L.C. (including the state of incorporation and principal place of business of any corporate entity member). If, by the foregoing date, Plaintiff is unable to amend to truthfully allege complete diversity of citizenship, then the Complaint will be dismissed for lack of subject matter jurisdiction without further notice to any party. (Signed by Judge Alison J. Nathan on 11/19/2020) (va)
November 20, 2020 Opinion or Order Filing 12 NOTICE OF INITIAL PRETRIAL CONFERENCE: Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) Initial Conference set for 1/29/2021 at 03:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 11/19/2020) (kv)
November 19, 2020 Opinion or Order Filing 11 ORDER: Within twenty days of the date of this Order, Plaintiff shall amend its Complaint to allege the citizenship of each constituent person or entity comprising Nexcha L.L.C. (including the state of incorporation and principal place of business of any corporate entity member). If, by the foregoing date, Plaintiff is unable to amend to truthfully allege complete diversity of citizenship, then the Complaint will be dismissed for lack of subject matter jurisdiction without further notice to any party. (And as set forth herein). (Signed by Judge Alison J. Nathan on 11/19/2020) (ama)
October 29, 2020 Opinion or Order Filing 10 ORDER granting #3 Motion for Timothy Cleveland to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
October 29, 2020 Opinion or Order Filing 9 ORDER granting #2 Motion for Aletha Anne Smith to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
October 26, 2020 Opinion or Order Filing 8 ELECTRONIC SUMMONS ISSUED as to Nexcha L.L.C...(dnh)
October 23, 2020 Opinion or Order Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Nexcha L.L.C., re: #6 Complaint. Document filed by CareandWear II, Inc...(Swift, Alethea)
October 22, 2020 Opinion or Order Filing 6 COMPLAINT against Nexcha L.L.C.. Document filed by CareandWear II, Inc...(Cleveland, Timothy)
October 22, 2020 Opinion or Order Case Designated ECF. (pc)
October 22, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alethea Anne Swift to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed by the filing attorney;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
October 22, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alethea Anne Swift. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Nature of Suit code 150 (Contract: Recovery/Enforcement);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Nature of Suit code has been modified to 190 (Contract: Other);. (pc)
October 22, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alethea Anne Swift. The party information for the following party/parties has been modified: CareandWear II, Inc., Nexcha L.L.C.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; alias party name was omitted;. (pc)
October 22, 2020 Opinion or Order 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. (pc)
October 22, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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)
October 21, 2020 Opinion or Order Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CareandWear II, Inc...(Swift, Alethea)
October 21, 2020 Opinion or Order Filing 4 CIVIL COVER SHEET filed..(Cleveland, Timothy)
October 21, 2020 Opinion or Order Filing 3 MOTION for Timothy Cleveland to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22242437. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CareandWear II, Inc.. (Attachments: #1 Affidavit of Timothy Cleveland, #2 Certificate of Good Standing (SBOT), #3 Certificate of Good Standing (SCOTX), #4 Proposed Order).(Cleveland, Timothy)
October 21, 2020 Opinion or Order Filing 2 MOTION for Alethea Anne Swift to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22242368. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CareandWear II, Inc.. (Attachments: #1 Affidavit Affidavit of Alethea Anne Swift, #2 Exhibit Certificate of Good Standing (SBOT), #3 Exhibit Certificate of Good Standing (SCOTX), #4 Text of Proposed Order Proposed Order).(Swift, Alethea)
October 21, 2020 Opinion or Order Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Nexcha L.L.C.. (Filing Fee $ 400.00, Receipt Number ANYSDC-22242256)Document filed by CareandWear II, Inc...(Swift, Alethea) Modified on 10/22/2020 (pc).
October 21, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #2 MOTION for Alethea Anne Swift to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22242368. Motion and supporting papers to be reviewed by Clerk's Office staff., #3 MOTION for Timothy Cleveland to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22242437. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

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Plaintiff: CareandWear II, Inc. CareandWear II, Inc. d/b/a Care+Wear
Represented By: Timothy Cleveland
Represented By: Alethea Anne Swift
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Plaintiff: CareandWear II, Inc. doing business as Care+Wear
Represented By: Timothy Cleveland
Represented By: Alethea Anne Swift
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Defendant: Nexcha L.L.C.
Represented By: Barry S. Gold
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