Spoleto Corporation v. Ethiopian Airlines Group
| Spoleto Corporation |
| Ethiopian Airlines Group and Ethiopian Airlines Enterprise |
| 1:2021cv05407 |
| June 18, 2021 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 3, 2022. A more recent docket listing may be available from PACER.
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Filing 18
ORDER with respect to #17 Motion to Dismiss. Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by September 7, 2021. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by September 28, 2021, defendant shall:(!) 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 September 7, 2021. Defendant's reply, if any, shall be served by September 14, 2020. At the time any reply is served, the moving party shall supply the Court with a courtesy copy of all motion papers by attaching them as PDF files to a single email addressed to EngelmayerNYSDChambers@nysd.uscourts.gov. The Court will determine later, after receipt of plaintiffs anticipated brief opposing a motion to dismiss the current or amended complaint, whether to schedule oral argument. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/16/2021) (va)
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Filing 17
MOTION to Dismiss Pursuant to F.R.C.P. Rule 12(b)(6). Document filed by Ethiopian Airlines Group. (Attachments: #1 Declaration of Jeffrey F. Allen, Esq. in Support of Defendant's Motion to Dismiss, #2 Exhibit Exhibit 1 - Complaint Filed June 8, 2021, #3 Exhibit Exhibit 2 - Original Complaint Filed in NYS Supreme Court, #4 Exhibit Exhibit 3 - First Amended Complaint, #5 Exhibit Exhibit 4 - Second Amended Complaint, #6 Exhibit Exhibit 5 - EAG's Notice of Motion to Dismiss the First Amended Complaint, #7 Exhibit Exhibit 6 - Memorandum of Law and Affirmation of Amanda H. Freyre, #8 Exhibit Exhibit 7 - Arena Riparian's Memorandum of Law in Opposition, #9 Exhibit Exhibit 8 - EAG's Reply Brief, #10 Exhibit Exhibit 9 - Transcript March 20, 2019 Hearing, #11 Exhibit Exhibit 10 - Order Dated March 20, 2019, #12 Exhibit Exhibit 11 - EAG's Notice of Motion to Dismiss the Second Amended Complaint, #13 Exhibit Exhibit 12 - Memorandum of Law and Affirmation of Amanda H. Freyre, #14 Exhibit Exhibit 13 - Arena Riparian's Memorandum of Law in Opposition, #15 Exhibit Exhibit 14 - EAG's Reply Brief, #16 Exhibit Exhibit 15 - Transcript August 7, 2019 Hearing, #17 Exhibit Exhibit 16 - Decision and Order on Motion, #18 Exhibit Exhibit 17 - Notice of Entry of Order, #19 Memorandum of Law in Support of Defendant's Rule 12(b)(6) Motion to Dismiss).(Hourhan, Edward)
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Set/Reset Deadlines: Amended Pleadings due by 9/7/2021. Motions due by 9/28/2021. (va)
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/15/2021) (va)
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Filing 15
LETTER MOTION for Extension of Time and order setting full briefing schedule addressed to Judge Paul A. Engelmayer from Joshua Berman dated July 15, 2021. Document filed by Spoleto Corporation..(Berman, Joshua)
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Filing 14
ORDER granting #10 Motion for Extension of Time to Answer re #10 MOTION for Extension of Time to File Answer ., #1 Complaint,.Granted. Defendant's time to answer or otherwise respond is extended until August 16, 2021. SO ORDERED. Ethiopian Airlines Group answer due 8/16/2021. (Signed by Judge Paul A. Engelmayer on 7/15/2021) (nb)
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Set/Reset Deadlines: Motions due by 8/16/2021. Responses due by 9/13/2021. Replies due by 9/27/2021. (va)
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Filing 13
NOTICE OF APPEARANCE by Lauren Alexandra Kuehn Pelletier on behalf of Spoleto Corporation..(Pelletier, Lauren)
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Filing 12
NOTICE OF APPEARANCE by Charles D'Oria on behalf of Spoleto Corporation..(D'Oria, Charles)
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Filing 11
NOTICE OF APPEARANCE by Laura Logsdon on behalf of Spoleto Corporation..(Logsdon, Laura)
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Filing 10
MOTION for Extension of Time to File Answer . Document filed by Ethiopian Airlines Group. (Attachments: #1 Affidavit (Declaration) of Jeffrey F. Allen, Esq.).(Hourhan, Edward)
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Filing 9
AFFIDAVIT OF SERVICE of Summons #4 #6 , Complaint #7 , Civil Cover Sheet #2 , Rule 7.1 Statement #3 , Electronic Case Filing Rules & Instructions, Individual Practices of Judge Paul A. Engelmayer, and Individual Practices of Magistrate Stewart D. Aaron served on Ethiopian Airlines Group on June 21, 2021. Service was made by DHL Express. Document filed by Spoleto Corporation..(Berman, Joshua)
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Filing 8
AFFIDAVIT OF SERVICE of Summons #4 #6 , Complaint #7 , Civil Cover Sheet #2 , Rule 7.1 Statement #3 , Electronic Case Filing Rules & Instructions, Individual Practices of Judge Paul A. Engelmayer, and Individual Practices of Magistrate Stewart D. Aaron served on Ethiopian Airlines Enterprise on June 23, 2021. Service was accepted by Tirchas Berhane, Manager. Document filed by Spoleto Corporation..(Berman, Joshua)
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Filing 7
COMPLAINT against Ethiopian Airlines Group. Document filed by Spoleto Corporation. (Attachments: #1 Exhibit 1 - Purchase Agreement, #2 Exhibit 2 - Sirimanne Transcript).(Berman, Joshua)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Ethiopian Airlines Group..(jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joshua Alexander Berman. The following case opening statistical information was erroneously selected/entered: Dollar Demand $9,999,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none;. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joshua Alexander Berman 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. (jgo)
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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..(jgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joshua Alexander Berman. The party information for the following party/parties has been modified: Ethiopian Airlines Group. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (jgo)
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Magistrate Judge Stewart D. Aaron 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. (jgo)
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Case Designated ECF. (jgo)
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Filing 5
NOTICE OF APPEARANCE by Jackson Taylor Herndon on behalf of Spoleto Corporation..(Herndon, Jackson)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Ethiopian Airlines Group, re: #1 Complaint. Document filed by Spoleto Corporation..(Berman, Joshua)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Spoleto Corporation..(Berman, Joshua)
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Filing 2
CIVIL COVER SHEET filed..(Berman, Joshua)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Spoleto Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-24691748)Document filed by Spoleto Corporation. (Attachments: #1 Exhibit 1 - Purchase Agreement, #2 Exhibit 2 - Sirimanne Trans.).(Berman, Joshua) Modified on 6/21/2021 (jgo).
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