Neversink General Store v. Mowi USA, LLC et al
Plaintiff: Neversink General Store
Defendant: Mowi Ducktrap, LLC and Mowi USA, LLC
Case Number: 1:2020cv09293
Filed: November 5, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Paul A Engelmayer
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 ct
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 30, 2020 Opinion or Order Filing 23 ORDER FOR A MISSION PRO HAC VICE granting #22 Motion for Ashley M. Simonsen to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 12/30/2020) (jwh)
December 29, 2020 Opinion or Order Filing 22 MOTION for Ashley M. Simonsen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23256799. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mowi Ducktrap, LLC, Mowi USA, LLC. (Attachments: #1 Declaration in Support of Motion, #2 CA Certificate of Good Standking, #3 Text of Proposed Order).(Simonsen, Ashley)
December 29, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Ashley M. Simonsen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23256799. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
December 23, 2020 Opinion or Order Filing 21 ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by January 12, 2021. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by February 2, 2021, defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by January 12, 2021. Defendants' reply, if any, shall be served by January 26, 2021, and as further set forth in this order. (Amended Pleadings due by 1/12/2021. Motions due by 2/2/2021.) (Signed by Judge Paul A. Engelmayer on 12/23/2020) (jwh)
December 22, 2020 Opinion or Order Filing 20 DECLARATION of Donald Cynewski in Support re: #18 MOTION to Dismiss Plaintiff's Class Action Complaint.. Document filed by Mowi Ducktrap, LLC, Mowi USA, LLC. (Attachments: #1 Exhibit A: Ducktrap smoked Atlantic salmon product label, #2 Exhibit B: Feb, 25, 2020 Ducktrap YouTube post, #3 Exhibit C: Apr. 22, 2015 Ducktrap Facebook post, #4 Exhibit D: Ducktrap Facebook About page, #5 Exhibit E-1: Mowi Alao Sur Aquaculture Stewardship Council Report, #6 Exhibit E-2: Mowi Ireland Aquaculture Stewardship Council Report, #7 Exhibit E-3: Mowi Lian Aquaculture Stewardship Council Report, #8 Exhibit E-4: Mowi Beitveit Aquaculture Stewardship Council Report, #9 Exhibit E-5: Mowi Breivika N Aquaculture Stewardship Council Report, #10 Exhibit E-6: Mowi Djupevik Aquaculture Stewardship Council Report, #11 Exhibit E-7: Mowi Leven Aquaculture Stewardship Council Report).(Soukup, Andrew)
December 22, 2020 Opinion or Order Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss Plaintiff's Class Action Complaint. . Document filed by Mowi Ducktrap, LLC, Mowi USA, LLC..(Soukup, Andrew)
December 22, 2020 Opinion or Order Filing 18 MOTION to Dismiss Plaintiff's Class Action Complaint. Document filed by Mowi Ducktrap, LLC, Mowi USA, LLC..(Soukup, Andrew)
December 22, 2020 Opinion or Order Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Mowi USA Holding, LLC, Other Affiliate Marine Harvest Holding, AS, Other Affiliate Mowi ASA for Mowi USA, LLC. Document filed by Mowi USA, LLC..(Soukup, Andrew)
December 22, 2020 Opinion or Order Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Mowi USA Holding, LLC, Other Affiliate Marine Harvest Holding, AS, Other Affiliate Mowi ASA for Mowi Ducktrap, LLC. Document filed by Mowi Ducktrap, LLC..(Soukup, Andrew)
December 22, 2020 Opinion or Order Filing 15 ORDER FOR ADMISSION PRO HAC VICE granting #13 Motion for Andrew Soukup to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 12/22/2020) (nb)
December 22, 2020 Opinion or Order Filing 14 ORDER FOR ADMISSION PRO HAC VICE granting #12 Motion for Alyssa Vallar to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 12/22/2020) (nb)
December 22, 2020 Opinion or Order Filing 13 MOTION for Andrew Soukup to Appear Pro Hac Vice (corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mowi Ducktrap, LLC, Mowi USA, LLC. (Attachments: #1 IL Certificate of Good Standing, #2 DC Certificate of Good Standing, #3 Declaration in Support of Motion, #4 Proposed Order).(Soukup, Andrew)
December 22, 2020 Opinion or Order Filing 12 MOTION for Alyssa Vallar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23150589. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mowi Ducktrap, LLC, Mowi USA, LLC. (Attachments: #1 DC Certificate of Good Standing, #2 Declaration in Support of Motion, #3 Proposed Order).(Vallar, Alyssa)
December 22, 2020 Opinion or Order Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Andrew Soukup to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23150307. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mowi Ducktrap, LLC, Mowi USA, LLC. (Attachments: #1 IL Certificate of Good Standing, #2 DC Certificate of Good Standing, #3 Declaration in Support of Motion, #4 Proposed Order).(Soukup, Andrew) Modified on 12/22/2020 (bcu).
December 22, 2020 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Jordan L. Moran on behalf of Mowi Ducktrap, LLC, Mowi USA, LLC..(Moran, Jordan)
December 22, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Andrew Soukup to Appear Pro Hac Vice (corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
December 22, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Alyssa Vallar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23150589. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
December 22, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for Andrew Soukup to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23150307. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
November 12, 2020 Opinion or Order Filing 9 ORDER FOR ADMISSION PRO HAC VICE granting #8 MOTION for Gary M. Klinger to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 11/12/2020) (jca)
November 12, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Gary E. Mason to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22534797. Motion and supporting papers to be reviewed by Clerk's Office staff., #8 MOTION for Gary M. Klinger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22534857. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 11, 2020 Opinion or Order Filing 8 MOTION for Gary M. Klinger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22534857. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Neversink General Store. (Attachments: #1 Affidavit in Support of Motion for Pro Hac Vice, #2 IL COGS, #3 Text of Proposed Order).(Klinger, Gary)
November 11, 2020 Opinion or Order Filing 7 MOTION for Gary E. Mason to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22534797. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Neversink General Store. (Attachments: #1 Affidavit in Support of Motion for Pro Hac Vice, #2 DC COGS, #3 MD COGS, #4 NY COGS, #5 Text of Proposed Order).(Mason, Gary)
November 10, 2020 Opinion or Order Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Mowi Ducktrap, LLC waiver sent on 11/9/2020, answer due 1/8/2021. Document filed by Neversink General Store..(Shub, Jonathan)
November 10, 2020 Opinion or Order Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. Mowi USA, LLC waiver sent on 11/9/2020, answer due 1/8/2021. Document filed by Neversink General Store..(Shub, Jonathan)
November 6, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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)
November 6, 2020 Opinion or Order Magistrate Judge Sarah Netburn 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)
November 6, 2020 Opinion or Order Case Designated ECF. (pc)
November 5, 2020 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Mowi Ducktrap, LLC, re: #1 Complaint. Document filed by Neversink General Store..(Shub, Jonathan)
November 5, 2020 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Mowi USA, LLC, re: #1 Complaint. Document filed by Neversink General Store..(Shub, Jonathan)
November 5, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Shub, Jonathan)
November 5, 2020 Opinion or Order Filing 1 COMPLAINT against Mowi Ducktrap, LLC, Mowi USA, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-22454925)Document filed by Neversink General Store..(Shub, Jonathan)

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Plaintiff: Neversink General Store
Represented By: Jonathan Shub
Represented By: Gary M. Klinger
Represented By: Gary E. Mason
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Defendant: Mowi Ducktrap, LLC
Represented By: Ashley Margaret Simonsen
Represented By: Andrew Soukup
Represented By: Alyssa Vallar
Represented By: Jordan L. Moran
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Defendant: Mowi USA, LLC
Represented By: Ashley Margaret Simonsen
Represented By: Andrew Soukup
Represented By: Alyssa Vallar
Represented By: Jordan L. Moran
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