Mund & Fester GmbH & Co. Kg v. Kuehne + Nagel, Inc. et al
| Mund & Fester GmbH & Co. Kg |
| Kuehne + Nagel, Inc., Purfresh and Hapag-Lloyd Aktiengesellschaft |
| 1:2021cv02765 |
| March 31, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Marine |
| 28 U.S.C. § 1333 mc |
| None |
Docket Report
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Filing 14
ORDER: In light of the foregoing, Plaintiff is ORDERED to show cause in writing by June 2, 2021, why the amended Complaint filed at ECF No. 12 should not be deemed STRICKEN. To the extent that Plaintiff believes that leave to amend should be granted pursuant to Rule 15(a)(2), it shall so state in its letter. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/27/2021) (va)
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| Filing 13 CERTIFICATE OF SERVICE of Order served on Kuehne + Nagel, Inc., Hapag-Lloyd Aktiengesellschaft and Purfresh on 05/25/21. Service was made by Email. Document filed by Mund & Fester GmbH & Co. Kg..(Barnett, Gregory) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Gregory George Barnett re: Document No. #12 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Hapag-Lloyd Aktiengesellschaft trading as Hapag-Lloyd must be added to the docket. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Hapag-Lloyd Aktiengesellschaft added. Party added pursuant to #1 Complaint, #12 Amended Complaint,.Document filed by Mund & Fester GmbH & Co. Kg. Related document: #1 Complaint, #12 Amended Complaint,..(Barnett, Gregory) |
| Filing 12 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #1 Complaint against Hapag-Lloyd Aktiengesellschaft, Kuehne + Nagel, Inc., Purfresh.Document filed by Mund & Fester GmbH & Co. Kg. Related document: #1 Complaint.(Barnett, Gregory) Modified on 5/27/2021 (sj). |
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Filing 11
ORDER: Plaintiff has filed proof of service or a waiver of service as to each of the three Defendants named in this action. Currently, the deadline for Defendant Purfresh to answer or otherwise respond to the Complaint is on June 1, 2021, see ECF No. 8; the deadline for Defendant Hapag-Lloyd Aktiengesellschaft to do the same was May 4, 2021, see ECF No. 9; and the deadline for Defendant Kuehne + Nagel, Inc. to do the same is June 7, 2021, see ECF No. 10. For the sake of efficiency, the Court will sua sponte grant an extension to all Defendants (including a nunc pro tunc extension as to Defendant Hapag-Lloyd Aktiengesellschaft) such that all Defendants should answer or otherwise respond to the Complaint no later than June 7, 2021. Plaintiff is directed to provide a copy of this Order to the Defendants who have not yet appeared and to file proof of service within two business days of the date of this Order. SO ORDERED. Hapag-Lloyd Aktiengesellschaft answer due 6/7/2021; Purfresh answer due 6/7/2021. (Signed by Judge Jesse M. Furman on 5/24/2021) (vfr)
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| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. Kuehne + Nagel, Inc. served on 5/17/2021, answer due 6/7/2021. Service was accepted by M. Michael. Service was made by Fedex. Document filed by Mund & Fester GmbH & Co. Kg. (Attachments: #1 Exhibit Proof of service).(Barnett, Gregory) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. Hapag-Lloyd Aktiengesellschaft served on 4/13/2021, answer due 5/4/2021. Service was accepted by Maureen Corrao. Document filed by Mund & Fester GmbH & Co. Kg..(Barnett, Gregory) |
| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Purfresh waiver sent on 4/1/2021, answer due 6/1/2021. Document filed by Purfresh. (Attachments: #1 Affidavit Certificate of Service of E.O'Leary, Esq.).(O'Leary, Erin) |
| Filing 7 NOTICE OF APPEARANCE by Erin Anne O'Leary on behalf of Purfresh..(O'Leary, Erin) |
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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 July 21, 2021 at 4:45 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 Court's 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. 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 Courts Individual Rules and Practices to that party personally. And as set forth herein. SO ORDERED. Initial Conference set for 7/21/2021 at 04:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 4/01/2021) (ama)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Hapag-Lloyd Aktiengesellschaft, Kuehne + Nagel, Inc., Purfresh. (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) |
| Magistrate Judge Katharine H. Parker 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 Designated ECF. (sj) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mund & Fester GmbH & Co. Kg..(Barnett, Gregory) |
| Filing 3 CIVIL COVER SHEET filed..(Barnett, Gregory) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to KUEHNE + NAGEL, trading as Blue Anchor America Line, Hapag-Lloyd Aktiengesellschaft and Purfresh, re: #1 Complaint. Document filed by Mund & Fester GmbH & Co. Kg..(Barnett, Gregory) |
| Filing 1 COMPLAINT against Hapag-Lloyd Aktiengesellschaft, Kuehne + Nagel, Inc., Purfresh. (Filing Fee $ 402.00, Receipt Number ANYSDC-24334280)Document filed by Mund & Fester GmbH & Co. Kg..(Barnett, Gregory) |
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