Grenway Capital Corporation v. TrueChoice Solutions, Inc.
| Grenway Capital Corporation |
| TrueChoice Solutions, Inc. |
| 1:2020cv09130 |
| October 30, 2020 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 16, 2021. A more recent docket listing may be available from PACER.
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Filing 28
NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1). Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Grenway Capital Corporation, by and through its counsel, files this notice of dismissal of the above-referenced matter with prejudice, each party to bear its own costs. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/16/21) (yv)
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| Filing 27 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, with prejudice against the defendant(s) TrueChoice Solutions, Inc.. Document filed by Grenway Capital Corporation. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Attachments: #1 Certificate of Service).(Shustak, Erwin) |
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Filing 26
ORDER granting #25 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. If Plaintiff files an opposition to the motion to dismiss, any reply is due February 24, 2021. If Plaintiff files an amended complaint, all subsequent deadlines and dates set forth in the Court's Order of January 6, 2021, ECF No. 21, remain in effect. The parties should not expect further extensions on the basis of settlement alone. The Clerk of Court is directed to terminate ECF No. 25. Replies due by 2/24/2021. (Signed by Judge Jesse M. Furman on 1/29/2021) (nb)
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| Filing 25 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Jesse M. Furman from David L. Barrack dated 01/29/2021. Document filed by TrueChoice Solutions, Inc...(Barrack, David) |
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Filing 24
ORDER, On January 25, 2021, the Court received a voicemail from Plaintiff's counsel seeking clarification of the Court's Order of earlier today, ECF No. 23, granting the parties' joint extension request. For avoidance of doubt, Plaintiff's deadline to file an amended complaint or an opposition to Defendant's motion to dismiss is extended to February 10, 2021, regardless which option Plaintiff chooses. If Plaintiff files an amended complaint, the subsequent dates and deadlines set forth in the Court's Order of January 6, 2021, ECF No. 21, remain in effect. That is, if Plaintiff files an amended complaint (no later than February 10, 2021), by three (3) weeks after the amended complaint is filed, Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. As previously stated, if Plaintiff files an opposition to the pending motion to dismiss, Defendant shall file any reply no later than February 17, 2021. See ECF No. 23. SO ORDERED. ( Amended Pleadings due by 2/10/2021., Responses due by 2/10/2021, Replies due by 2/17/2021.) (Signed by Judge Jesse M. Furman on 1/25/21) (yv)
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Filing 23
ORDER granting #22 Letter Motion for Extension of Time to File Response/Reply re #19 MOTION to Dismiss . Application GRANTED. The parties shall promptly notify the Court if they reach a settlement agreement. Otherwise, if Plaintiff files an amended complaint, the dates and deadlines set forth in the Court's Order of January 6, 2021, remain in effect. See ECF No. 21. If Plaintiff files an opposition to the motion to dismiss, any reply shall be filed by February 17, 2021. The Clerk of Court is directed to terminate ECF No. 22. SO ORDERED. ( Replies due by 2/17/2021.) (Signed by Judge Jesse M. Furman on 1/25/21) (yv)
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| Filing 22 LETTER MOTION for Extension of Time to File Response/Reply as to #21 Order,,,, Set Deadlines,,, addressed to Judge Jesse M. Furman from Joseph M. Mellano dated January 22, 2021. Document filed by Grenway Capital Corporation..(Shustak, Erwin) |
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Filing 21
ORDER, It is hereby ORDERED that Plaintiff shall file any amended complaint by January 27, 2021. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by January 27, 2021. Defendant's reply, if any, shall be filed by February 3, 2021. At the time any reply is served, the moving party shall supply the Court with one, double-sided courtesy hard copy of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for January 19, 2021, is adjourned sine die. SO ORDERED. ( Amended Pleadings due by 1/27/2021., Responses due by 1/27/2021, Replies due by 2/3/2021.) (Signed by Judge Jesse M. Furman on 1/6/21) (yv)
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| Filing 20 MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss . . Document filed by TrueChoice Solutions, Inc.. (Attachments: #1 Exhibit Default Notice).(Barrack, David) |
| Filing 19 MOTION to Dismiss . Document filed by TrueChoice Solutions, Inc.. Responses due by 1/20/2021.(Barrack, David) |
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time to File Response/Reply: As a courtesy, Defendant's deadline to answer or otherwise respond to the Complaint is hereby EXTENDED nunc pro tunc to January 7, 2021. That said, counsel are directed to carefully review Paragraph 1.E of the Court's Individual Rules and Practices, regarding deadlines, available at https://www.nysd.uscourts.gov/hon-jesse-mfurman. In particular, the parties' mutual consent to an extension does not suffice unless the Court has specifically ordered otherwise, and absent an emergency, any request for extension or adjournment shall be made by letter-motion filed on ECF at least 48 hours prior to the deadline or scheduled appearance. Further, for avoidance of doubt, the show cause hearing previously scheduled for January 19, 2021, will be treated as an initial pretrial conference, because Defendant has now appeared. See ECF No. 8. The Clerk of Court is directed to terminate ECF No. 17. (Signed by Judge Jesse M. Furman on 12/18/2020) (jwh)
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| Filing 17 FIRST LETTER MOTION for Extension of Time to File Response/Reply to Complaint addressed to Judge Jesse M. Furman from David L. Barrack dated December 18, 2020. Document filed by TrueChoice Solutions, Inc...(Barrack, David) |
| Set/Reset Deadlines: TrueChoice Solutions, Inc. answer due 1/7/2021. (jwh) Modified on 1/19/2021 (jwh). |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by TrueChoice Solutions, Inc...(Barrack, David) |
| Filing 15 CLERK'S CERTIFICATE OF DEFAULT as to TrueChoice Solutions, Inc., issued December 16, 2020.(dt) |
| Filing 14 AFFIRMATION of Erwin J. Shustak in Support re: #13 Proposed Clerk's Certificate of Default,. Document filed by Grenway Capital Corporation. (Attachments: #1 Affirmation, #2 Certificate of Service).(Shustak, Erwin) |
| Filing 13 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Grenway Capital Corporation. (Attachments: #1 Certificate of Service).(Shustak, Erwin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 12 NOTICE OF APPEARANCE by David Loren Barrack on behalf of TrueChoice Solutions, Inc...(Barrack, David) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Erwin Shustak. RE-FILE Document No. #11 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): Please refer to ECF Rule 16.1 for filing instructions. Also, the clerk's certificate of default was not filed. Please use the sample clerk's certificate that is on our website under forms. (km) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Grenway Capital Corporation. (Attachments: #1 Affirmation, #2 Certificate of Service).(Shustak, Erwin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 12/16/2020 (km). |
| Filing 10 CERTIFICATE OF SERVICE of ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING served on TRUECHOICE SOLUTIONS, INC. on December 15, 2020. Service was made by Overnight mail. Document filed by Grenway Capital Corporation..(Shustak, Erwin) |
| Filing 9 CERTIFICATE OF SERVICE of ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING served on TRUECHOICE SOLUTIONS, INC. on December 14, 2020. Service was made by E-mail. Document filed by Grenway Capital Corporation..(Shustak, Erwin) |
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Filing 8
ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND TO SHOW CAUSE HEARING. It is hereby ORDERED that any motion for default judgment shall be filed, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), no later than December 30, 2020. Defendant shall file any opposition to the motion for default judgment no later than January 8, 2021. Defendant is cautioned that a corporation may appear in federal court only through licensed counsel, and where a corporation repeatedly fails to appear by counsel, a default judgment may be entered against it. Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (internal quotation marks omitted). If a motion for default judgment is filed, it is further ORDERED that Defendant appear and show cause before this Court, Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, on January 19, 2021, at 3:00 p.m., why an order should not be issued granting a default judgment against Defendant. Prior to that date, Plaintiff must file the proposed default judgment order electronically, using the ECF Filing Event "Proposed Default Judgment," for the Clerk's approval. It is further ORDERED that Plaintiff serve Defendant via overnight courier (1) with a copy of this Order within one business day of the date of this Order; and (2) with a copy of the motion for default judgment and all supporting papers within one business day of the date ofany such motion. In each case, within two business days of service, Plaintiff must file proof of such service on the docket. SO ORDERED. ( Show Cause Hearing set for 1/19/2021 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.), ( Motions due by 12/30/2020., Responses due by 1/8/2021) (Signed by Judge Jesse M. Furman on 12/14/20) (yv)
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| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. TrueChoice Solutions, Inc. served on 11/17/2020, answer due 12/8/2020. Service was accepted by Amy Lesch, Business Document Specialist. Document filed by Grenway Capital Corporation. (Attachments: #1 Certificate of Service).(Shustak, Erwin) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on January 19, 2021 at 3:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://www.nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Courts Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Courts form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 1/19/2021 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/2/20) (yv)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to TrueChoice Solutions, Inc.. (sj) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Complaint. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-22393374, paid on 10/30/2020. (sj) |
| Magistrate Judge Kevin Nathaniel Fox 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. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(sj) |
| Case Designated ECF. (sj) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Grenway Capital Corporation..(Shustak, Erwin) |
| Filing 3 CIVIL COVER SHEET filed..(Shustak, Erwin) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to TrueChoice Solutions, Inc., re: #1 Complaint. Document filed by Grenway Capital Corporation..(Shustak, Erwin) |
| Filing 1 COMPLAINT against TrueChoice Solutions, Inc.. Document filed by Grenway Capital Corporation..(Shustak, Erwin) |
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| Defendant: TrueChoice Solutions, Inc. | |
| Represented By: | David Loren Barrack |
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| Plaintiff: Grenway Capital Corporation | |
| Represented By: | Erwin J. Shustak |
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