DiBella Entertainment, Inc. v. Foster
Plaintiff: DiBella Entertainment, Inc.
Defendant: O'Shaquie Foster
Case Number: 1:2021cv02709
Filed: March 30, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: John G Koeltl
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 bc
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 24, 2021 Filing 27 FIRST AMENDED COMPLAINT amending #7 Complaint against O'Shaquie Foster with JURY DEMAND.Document filed by DiBella Entertainment, Inc.. Related document: #7 Complaint. (Attachments: #1 Exhibit 1 PROMOTIONAL RIGHTS AGREEMENT, #2 Exhibit 2 ADVANCE AGREEMENT).(Wirt, John)
May 12, 2021 Filing 26 NOTICE OF APPEARANCE by Tatiana P Lutomski on behalf of O'Shaquie Foster..(Lutomski, Tatiana)
May 12, 2021 Filing 25 NOTICE OF APPEARANCE by Amanda Gordon on behalf of O'Shaquie Foster..(Gordon, Amanda)
May 12, 2021 Filing 24 NOTICE OF APPEARANCE by Rodney Lee Drinnon on behalf of O'Shaquie Foster..(Drinnon, Rodney)
May 11, 2021 Opinion or Order Filing 23 ORDER: The plaintiff shall file the amended complaint by May 24, 2021, and the defendant should move or answer by June 7, 2021. If the defendant moves, the plaintiff shall respond by June 21, 2021, and the defendant will reply by July 2, 2021. SO ORDERED. (Amended Pleadings due by 5/24/2021. Motions due by 6/7/2021. Responses due by 6/21/2021. Replies due by 7/2/2021.) (Signed by Judge John G. Koeltl on 5/11/2021) (rjm)
May 11, 2021 Opinion or Order Filing 22 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge John G. Koeltl on 5/11/2021) (rjm)
May 11, 2021 Opinion or Order Filing 21 CIVIL SCHEDULING ORDER: Except for good cause shown: No additional parties may be joined or cause of action asserted after July 30, 2021. No additional defenses may be asserted after August 13, 2021. Except for good cause shown, all discovery shall be commenced in time to be completed by October 29, 2021. Dispositive motions, if any, are to be completed by November 19, 2021. A joint pretrial order, together with any motions in limine or motions to bifurcate, shall be submitted by December 10, 2021. The parties shall be ready for trial on 48 hours notice on or after 14 days after the submission of the joint pretrial order, and as previously and further specified and set forth in this Civil Scheduling Order. So ordered. (Amended Pleadings due by 7/30/2021. Joinder of Parties due by 7/30/2021. Motions due by 12/10/2021. Discovery due by 10/29/2021. Pretrial Order due by 12/10/2021.) (Signed by Judge John G. Koeltl on 5/11/2021) (rjm)
May 6, 2021 Opinion or Order Filing 20 ORDER granting #17 Motion for Amanda Gordon to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 5/6/2021) (nb)
May 6, 2021 Opinion or Order Filing 19 ORDER granting #15 Motion for Tatiana P. Lutomski to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 5/6/2021) (nb)
May 6, 2021 Opinion or Order Filing 18 ORDER granting #16 Motion for Rodney L. Drinnon to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 5/6/2021) (nb)
May 5, 2021 Filing 17 MOTION for Amanda Gordon, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24495804. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by O'Shaquie Foster. Return Date set for 5/11/2021 at 03:30 PM..(Lampert, Jason)
May 5, 2021 Filing 16 MOTION for Rodney L. Drinnon, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24495749. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by O'Shaquie Foster. Return Date set for 5/11/2021 at 03:30 PM..(Lampert, Jason)
May 5, 2021 Filing 15 MOTION for Tatiana P. Lutomski, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24495624. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by O'Shaquie Foster. Return Date set for 5/11/2021 at 03:30 PM. (Attachments: #1 Affidavit Jason Lampert, Esq., #2 Affidavit Tatiana P. Lutomski, Esq., #3 Exhibit Certificate of Good Standing, #4 Text of Proposed Order Proposed Order).(Lampert, Jason)
May 5, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Amanda Gordon, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24495804. Motion and supporting papers to be reviewed by Clerk's Office staff., #15 MOTION for Tatiana P. Lutomski, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24495624. Motion and supporting papers to be reviewed by Clerk's Office staff., #16 MOTION for Rodney L. Drinnon, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24495749. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
April 30, 2021 Opinion or Order Filing 14 ORDER terminating #12 Motion for Extension of Time to Answer re #12 LETTER MOTION for Extension of Time to File Answer and Pre-Motion Conference addressed to Judge John G. Koeltl from Jason G. Lampert dated 04/28/2021.. A pre-motion conference will be held on Tuesday, May 11, 2021, at 3:30pm. Dial-in: 888 363-4749, with access code 8140049. The clerk is directed to close docket 12 as a letter motion. SO ORDERED.. (Signed by Judge John G. Koeltl on 4/30/2021) (ks)
April 30, 2021 Set/Reset Hearings: Telephone Conference set for 5/11/2021 at 03:30 PM before Judge John G. Koeltl. (ks)
April 29, 2021 Filing 13 LETTER addressed to Judge John G. Koeltl from John Wirt dated April 29, 2021 re: DEFENDANT'S REQUEST TO FILE A MOTION TO DISMISS AND FOR AN EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD. Document filed by DiBella Entertainment, Inc...(Wirt, John)
April 28, 2021 Filing 12 LETTER MOTION for Extension of Time to File Answer and Pre-Motion Conference addressed to Judge John G. Koeltl from Jason G. Lampert dated 04/28/2021. Document filed by O'Shaquie Foster..(Lampert, Jason)
April 27, 2021 Filing 11 NOTICE OF APPEARANCE by Jason Garrett Lampert on behalf of O'Shaquie Foster..(Lampert, Jason)
April 9, 2021 Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint served. O'Shaquie Foster served on 4/8/2021, answer due 4/29/2021. Service was accepted by O'shaquie Foster. Document filed by DiBella Entertainment, Inc...(Wirt, John)
April 2, 2021 Opinion or Order Filing 9 ORDER FOR ADMISSION PRO HAC VICE granting #8 Motion for John Sidney Wirt to Appear Pro Hac Vice.. (Signed by Judge John G. Koeltl on 4/2/2021) (ks)
April 1, 2021 Filing 8 MOTION for John Sidney Wirt to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DiBella Entertainment, Inc.. (Attachments: #1 Affidavit OF JOHN S. WIRT, #2 Exhibit 1 GOOD STANDING CERTIFICATES FOR ILLINOIS AND FLORIDA, #3 Text of Proposed Order Proposed Order).(Wirt, John)
April 1, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for John Sidney Wirt to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
March 31, 2021 Filing 7 COMPLAINT against O'Shaquie Foster. Document filed by DiBella Entertainment, Inc.. (Attachments: #1 Exhibit 1 PROMOTIONAL RIGHTS AGREEMENT).(Wirt, John)
March 31, 2021 Filing 6 ELECTRONIC SUMMONS ISSUED as to O'Shaquie Foster. (sj)
March 31, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Sidney Wirt. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (sj)
March 31, 2021 Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Complaint. Filing fee $ 402.00. Pay.gov receipt number ANYSDC-24326617, paid on 3/30/2021. (sj)
March 31, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Sidney Wirt. The party information for the following party/parties has been modified: DiBella Entertainment, Inc.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj)
March 31, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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)
March 31, 2021 Magistrate Judge Debra C. Freeman 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)
March 31, 2021 Case Designated ECF. (sj)
March 31, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Sidney Wirt to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. 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. (sj)
March 30, 2021 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by DiBella Entertainment, Inc...(Wirt, John)
March 30, 2021 Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY -MOTION for John Sidney Wirt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24326877. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DiBella Entertainment, Inc.. (Attachments: #1 Affidavit OF JOHN S. WIRT, #2 Text of Proposed Order).(Wirt, John) Modified on 3/30/2021 (vba).
March 30, 2021 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to O'Shaquie Foster, re: #1 Complaint. Document filed by DiBella Entertainment, Inc...(Wirt, John)
March 30, 2021 Filing 2 CIVIL COVER SHEET filed..(Wirt, John)
March 30, 2021 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against DiBella Entertainment, Inc.. Document filed by DiBella Entertainment, Inc.. (Attachments: #1 Exhibit 1 PROMOTIONAL RIGHTS AGREEMENT).(Wirt, John) Modified on 3/31/2021 (sj).
March 30, 2021 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #4 MOTION for John Sidney Wirt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24326877. 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; Supreme Court of Florida;. Re-file the motion as a 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. (vba)

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Defendant: O'Shaquie Foster
Represented By: Rodney Lee Drinnon
Represented By: Tatiana P Lutomski
Represented By: Amanda Gordon
Represented By: Jason Garrett Lampert
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Plaintiff: DiBella Entertainment, Inc.
Represented By: John Sidney Wirt
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