Finch v. Xandr, Inc.
| Diana Finch |
| Xandros, Inc. and Xandr, Inc. |
| 1:2021cv05964 |
| July 12, 2021 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 27, 2021. A more recent docket listing may be available from PACER.
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Filing 29
INTERNET CITATION NOTE: Material from decision with Internet citation re: #27 Order. (sjo)
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Filing 28
CLERK'S JUDGMENT re: #27 Order in favor of Xandr, Inc. against Diana Finch. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision and Order dated December 14, 2021, this Court has dismissed the action on the grounds of forum non conveniens. Defendant Xandr, Inc's motion to dismiss the complaint of plaintiff Diana Finch on the grounds of forum non conveniens is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/14/2021) (Attachments: #1 Right to Appeal) (km)
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Filing 27
DECISION AND ORDER: Accordingly, this Court will dismiss the action on the grounds of forum non conveniens. For the reasons stated above, it is hereby ORDERED that the motion of defendant Xandr, Inc. to dismiss the complaint of plaintiff Diana Finch on the grounds of forum non conveniens is GRANTED. The Clerk of the Court is directed to terminate all pending motions and close the case. So Ordered. (Signed by Judge Victor Marrero on 12/14/2021) (js) Transmission to Orders and Judgments Clerk for processing.
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Filing 26
LETTER addressed to Judge Victor Marrero from Daniel K. Bryson dated December 6, 2021 re: Supplemental Letter Requested in Doc. 21. Document filed by Diana Finch..(Bryson, Daniel)
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Filing 25
LETTER addressed to Judge Victor Marrero from Daniel K. Bryson dated December 6, 2021 re: Supplemental Letter Requested in Doc. 21. Document filed by Diana Finch..(Bryson, Daniel)
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Filing 24
LETTER addressed to Judge Victor Marrero from Lauren J. Elliot dated December 6, 2021 re: forum-selection clause. Document filed by Xandr, Inc...(Elliot, Lauren)
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***DELETED DOCUMENT. Deleted document number #23 ORDER. The document was incorrectly filed in this case. (va)
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Filing 23
ORDER with respect to #21 Letter Motion for Conference re: #21 LETTER MOTION for Conference addressed to Judge Victor Marrero from Lauren J. Elliot dated November 9, 2021. On November 1, 2021, and consistent with the Court's Individual Practices, counsel for Defendant sent a three-page premotion letter to Plaintiff's counsel notifying of its intent to file a motion to dismiss on the grounds of forum non conveniens and international comity. On November 8, 2021, Plaintiff's counsel responded by premotion letter. On November 9, 2021, Defendant's counsel wrote to the Court requesting a premotion conference regarding its intent to file a motion to dismiss. Having reviewed the premotion letters, it is hereby ordered that the parties shall, by December 6, 2021, each submit a supplemental letter not to exceed two (2) pages in length. The letter shall address only the issue of whether there is an enforceable forum-selection clause governing the claims in the Complaint. The Court will then resolve Defendant's anticipated motion to dismiss the Complaint on the basis of the parties' premotion letters. See Kapitalforeningen Lgernes Invest. v. United Techs. Corp., 779 F. App'x 69, 70 (2d Cir. 2019) (affirming the district court's ruling deeming an exchange of letters as a motion to dismiss). SO ORDERED. (Signed by Judge Victor Marrero on 11/29/2021) (va) (Main Document 23 replaced on 12/3/2021) (va).
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Filing 22
ORDER FOR ADMISSION PRO HAC VICE: granting #11 Motion for Andrew David Hathaway to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 11/23/2021) (ama)
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Filing 21
LETTER MOTION for Conference addressed to Judge Victor Marrero from Lauren J. Elliot dated November 9, 2021. Document filed by Xandr, Inc.. (Attachments: #1 ECF 19 - Xandr's Pre-Motion to Dismiss Letter, #2 ECF 20 - Plaintiff's Response Letter).(Elliot, Lauren)
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Filing 20
LETTER addressed to Judge Victor Marrero from Daniel K. Bryson dated 11/08/2021 re: Response to Defendant's Intentions to Move to Dismiss Plaintiff's Complaint. Document filed by Diana Finch..(Bryson, Daniel)
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Filing 19
LETTER addressed to Judge Victor Marrero from Lauren J. Elliot dated November 1, 2021 re: Defendant's Pre-Motion to Dismiss Letter. Document filed by Xandr, Inc...(Elliot, Lauren)
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Filing 18
NOTICE OF APPEARANCE by Joseph Martin Ortega on behalf of Xandr, Inc...(Ortega, Joseph)
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Filing 17
NOTICE OF APPEARANCE by Alexander H. Southwell on behalf of Xandr, Inc...(Southwell, Alexander)
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time to Answer re #15 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Victor Marrero from Lauren J. Elliot dated September 13, 2021. Request Granted. Defendant's response to the complaint is hereby due no later than November 1, 2021. So Ordered. Xandr, Inc. answer due 11/1/2021. (Signed by Judge Victor Marrero on 9/15/2021) (js)
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Filing 15
CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Victor Marrero from Lauren J. Elliot dated September 13, 2021. Document filed by Xandr, Inc...(Elliot, Lauren)
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Filing 14
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AT&T Inc. for Xandr, Inc.. Document filed by Xandr, Inc...(Elliot, Lauren)
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Filing 13
NOTICE OF APPEARANCE by Lauren J. Elliot on behalf of Xandr, Inc...(Elliot, Lauren)
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Filing 12
AFFIDAVIT OF SERVICE of Summons and Complaint. Xandr, Inc. served on 8/25/2021, answer due 9/15/2021. Service was accepted by Christopher Boyd, Intake Clerk. Document filed by Diana Finch..(Bryson, Daniel)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Andrew David Hathaway to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24984830. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 11
MOTION for Andrew David Hathaway to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24984830. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diana Finch..(Hathaway, Andrew)
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Filing 10
ORDER FOR ADMISSION PRO HAC VICE: granting #9 Motion for Caroline R. Taylor to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. So Ordered. (Signed by Judge Victor Marrero on 8/13/2021) (js)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 SECOND MOTION for Caroline R. Taylor 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. (bcu)
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Filing 9
SECOND MOTION for Caroline R. Taylor to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diana Finch..(Taylor, Caroline)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for Caroline R. Taylor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24846668. 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 TENNESSEE;. 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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Filing 8
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Caroline R. Taylor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24846668. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diana Finch..(Taylor, Caroline) Modified on 7/28/2021 (vba).
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Filing 7
ORDER FOR ADMISSION PRO HAC VICE: granting #6 Motion for Daniel K. Bryson to Appear Pro Hac Vice. So Ordered. (Signed by Judge Victor Marrero on 7/20/2021) (js)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Daniel K. Bryson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24803458. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 6
MOTION for Daniel K. Bryson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24803458. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diana Finch..(Bryson, Daniel)
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Filing 5
CIVIL COVER SHEET filed..(Rado, Andrei)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Xandr, Inc...(jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Andrei V. Rado to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Andrei V. Rado. The following party/parties has been removed from this case: Xandros, Inc.. The party was added to the case in error. (jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrei V. Rado. The following case opening statistical information was erroneously selected/entered: Dollar Demand $5,000,000,000; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $5,000,000; the County code has been modified to XX Out of U.S.; the Fee Status code has been modified to pd (paid);. (jgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrei V. Rado. The party information for the following party/parties has been modified: Diana Finch. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
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Case Designated ECF. (jgo)
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Magistrate Judge Kevin Nathaniel Fox 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Xandr, Inc., re: #1 Complaint. Document filed by Diana Finch..(Rado, Andrei)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Rado, Andrei) Modified on 7/13/2021 (jgo).
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Filing 1
COMPLAINT against Xandr, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24782174)Document filed by Diana Finch. (Attachments: #1 Exhibit A to FAC - UK GDPR).(Rado, Andrei)
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