LCM XXII Ltd. et al v. Serta Simmons Bedding, LLC
| LCM XXII Ltd., LCM 27 Ltd., LCM XXIV Ltd., LCM 26 Ltd., LCM XXV Ltd., LCM 28 Ltd. and LCM XXIII Ltd. |
| Serta Simmons Bedding, LLC |
| 1:2021cv03987 |
| May 4, 2021 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on June 9, 2022. A more recent docket listing may be available from PACER.
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Filing 23
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/9/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 22
TRANSCRIPT of Proceedings re: CONFERENCE held on 6/9/2021 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Sadie Herbert, (212) 805-0310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/13/2021. Redacted Transcript Deadline set for 7/23/2021. Release of Transcript Restriction set for 9/20/2021..(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial/Pre-motion Conference held on 6/9/2021. Attorneys Neil Robert Lieberman, Denisha S. Bacchus and Brian Taylor Goldman representing Plaintiffs present. Attorneys Luna Ngan Barrington and Richard Gage representing Defendant present. Briefing on Defendant's motion to dismiss is due 7/9/2021; Opposition due by 8/9/2021; and Reply due by 8/23/2021. Plaintiff's request for discovery is denied pending the resolution of the anticipated motion to dismiss. Defendant is to order a copy of today's transcript. (See transcript.) (Court Reporter Sadie Herbert) (tn)
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Filing 21
ORDER granting #20 Letter Motion for Conference re: #20 LETTER MOTION for Conference re: allow Ms. Barrington to attend on behalf of Mr. Lender and Mr. Lieberman to attend on behalf of Mr. Shuster addressed to Judge Katherine Polk Failla from David Lender dated June 2, 2021. Application GRANTED. On this one occasion, the Court will excuse the attendance of principal trial counsel. (Signed by Judge Katherine Polk Failla on 6/3/2021) (rro)
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Filing 20
LETTER MOTION for Conference re: allow Ms. Barrington to attend on behalf of Mr. Lender and Mr. Lieberman to attend on behalf of Mr. Shuster addressed to Judge Katherine Polk Failla from David Lender dated June 2, 2021. Document filed by Serta Simmons Bedding, LLC..(Lender, David)
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Filing 19
LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Michael S. Shuster dated June 1, 2021 re: #15 LETTER MOTION for Conference (Request for Pre-motion Conference regarding proposed motion to dismiss the Complaint) addressed to Judge Katherine Polk Failla from David J. Lender dated May 26, 2021. . Document filed by LCM 26 Ltd., LCM 27 Ltd., LCM 28 Ltd., LCM XXII Ltd., LCM XXIII Ltd., LCM XXIV Ltd., LCM XXV Ltd...(Shuster, Michael)
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Filing 18
ORDER granting #15 Letter Motion for Conference re: #15 LETTER MOTION for Conference (Request for Pre-motion Conference regarding proposed motion to dismiss the Complaint) addressed to Judge Katherine Polk Failla from David J. Lender dated May 26, 2021. The Court is in receipt of Defendant's letter requesting a pre-motion conference to discuss its anticipated motion to dismiss the Complaint. The parties are hereby ORDERED to appear for a telephonic conference on June 9, 2021, at 2:00 p.m. The dial-in information is as follows: At 2:00 p.m. the parties shall call (888) 363-4749 and enter access code 5123533. Please note, the conference will not be available prior to 2:00 p.m. (Telephone Conference set for 6/9/2021 at 02:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 5/27/2021) (rro)
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Filing 17
NOTICE OF APPEARANCE by Richard Gage on behalf of Serta Simmons Bedding, LLC..(Gage, Richard)
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Filing 16
NOTICE OF APPEARANCE by Luna Ngan Barrington on behalf of Serta Simmons Bedding, LLC..(Barrington, Luna)
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Filing 15
LETTER MOTION for Conference (Request for Pre-motion Conference regarding proposed motion to dismiss the Complaint) addressed to Judge Katherine Polk Failla from David J. Lender dated May 26, 2021. Document filed by Serta Simmons Bedding, LLC..(Lender, David)
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Filing 14
NOTICE OF APPEARANCE by David Lender on behalf of Serta Simmons Bedding, LLC..(Lender, David)
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Filing 13
MEMO ENDORSEMENT on re: #11 Letter filed by LCM 26 Ltd., LCM XXIV Ltd., LCM 27 Ltd., LCM XXV Ltd., LCM XXII Ltd., LCM XXIII Ltd., LCM 28 Ltd. ENDORSEMENT: The Court is in receipt of Plaintiffs' letter regarding a prior action before Judge Daniels. The Court has discussed the matter with Judge Daniels, and will be keeping this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/11/2021) (vfr)
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Filing 12
AFFIDAVIT OF SERVICE of Summons and Complaint. Serta Simmons Bedding, LLC served on 5/5/2021, answer due 5/26/2021. Document filed by LCM 27 Ltd.; LCM XXIV Ltd.; LCM 28 Ltd.; LCM XXIII Ltd.; LCM XXII Ltd.; LCM XXV Ltd.; LCM 26 Ltd...(Lieberman, Neil)
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Filing 11
LETTER addressed to Judge Katherine Polk Failla from Michael S. Shuster dated May 5, 2021 re: Relatedness. Document filed by LCM 26 Ltd., LCM 27 Ltd., LCM 28 Ltd., LCM XXII Ltd., LCM XXIII Ltd., LCM XXIV Ltd., LCM XXV Ltd...(Shuster, Michael)
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Filing 10
NOTICE OF APPEARANCE by Denisha S. Bacchus on behalf of LCM 26 Ltd., LCM 27 Ltd., LCM 28 Ltd., LCM XXII Ltd., LCM XXIII Ltd., LCM XXIV Ltd., LCM XXV Ltd...(Bacchus, Denisha)
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Filing 9
NOTICE OF APPEARANCE by Brian Taylor Goldman on behalf of LCM 26 Ltd., LCM 27 Ltd., LCM 28 Ltd., LCM XXII Ltd., LCM XXIII Ltd., LCM XXIV Ltd., LCM XXV Ltd...(Goldman, Brian)
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Filing 8
NOTICE OF APPEARANCE by Vincent Gregory Levy on behalf of LCM 26 Ltd., LCM 27 Ltd., LCM 28 Ltd., LCM XXII Ltd., LCM XXIII Ltd., LCM XXIV Ltd., LCM XXV Ltd...(Levy, Vincent)
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Filing 7
NOTICE OF APPEARANCE by Neil Robert Lieberman on behalf of LCM 26 Ltd., LCM 27 Ltd., LCM 28 Ltd., LCM XXII Ltd., LCM XXIII Ltd., LCM XXIV Ltd., LCM XXV Ltd...(Lieberman, Neil)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Serta Simmons Bedding, LLC..(pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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)
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Magistrate Judge Ona T. Wang 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)
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Case Designated ECF. (pc)
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Filing 5
STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-5090 (GBD). Document filed by LCM 26 Ltd., LCM 27 Ltd., LCM 28 Ltd., LCM XXII Ltd., LCM XXIII Ltd., LCM XXIV Ltd., LCM XXV Ltd...(Shuster, Michael)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent MaplesFS Limited, Other Affiliate Tetragon Financial Group Limited for LCM 26 Ltd., LCM 27 Ltd., LCM XXII Ltd., LCM XXIII Ltd., LCM XXIV Ltd., LCM XXV Ltd.; Corporate Parent Walkers Fiduciary Limited, Other Affiliate Tetragon Financial Group Limited for LCM 28 Ltd.. Document filed by LCM 26 Ltd., LCM 27 Ltd., LCM 28 Ltd., LCM XXII Ltd., LCM XXIII Ltd., LCM XXIV Ltd., LCM XXV Ltd...(Shuster, Michael)
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Filing 3
CIVIL COVER SHEET filed..(Shuster, Michael)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to Serta Simmons Bedding, LLC, re: #1 Complaint. Document filed by LCM 26 Ltd., LCM 27 Ltd., LCM 28 Ltd., LCM XXII Ltd., LCM XXIII Ltd., LCM XXIV Ltd., LCM XXV Ltd...(Shuster, Michael)
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Filing 1
COMPLAINT against Serta Simmons Bedding, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24493783)Document filed by LCM 27 Ltd., LCM XXIV Ltd., LCM 28 Ltd., LCM XXIII Ltd., LCM XXII Ltd., LCM XXV Ltd., LCM 26 Ltd...(Shuster, Michael)
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