Duchimaza v. Niagara Bottling, LLC
| Eladia Duchimaza |
| Niagara Bottling, LLC |
| 1:2021cv06434 |
| July 28, 2021 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Other Fraud |
| 28 U.S.C. § 1332 fr |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 16, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 17
ORDER with respect to #13 Motion to Dismiss. Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by October 22, 2021. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by November 12, 2021, defendant shall: (1) 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 October 22, 2021. Defendant's reply, if any, shall be served by November 5, 2021. 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 plaintiff's 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 10/4/2021) (va)
|
|
Set/Reset Deadlines: Amended Pleadings due by 10/22/2021. Motions due by 11/12/2021. (va)
|
|
Filing 16
LETTER MOTION for Oral Argument on Motion to Dismiss addressed to Judge Paul A. Engelmayer from Creighton R. Magid dated October 1, 2021. Document filed by Niagara Bottling, LLC..(Magid, Creighton)
|
|
Filing 15
DECLARATION of Creighton R. Magid in Support re: #13 MOTION to Dismiss .. Document filed by Niagara Bottling, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Baksh, Elizabeth)
|
|
Filing 14
MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss . . Document filed by Niagara Bottling, LLC..(Baksh, Elizabeth)
|
|
Filing 13
MOTION to Dismiss . Document filed by Niagara Bottling, LLC. (Attachments: #1 Text of Proposed Order).(Baksh, Elizabeth)
|
|
Filing 12
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Niagara Bottling, LLC..(Baksh, Elizabeth)
|
|
Filing 11
MOTION for Kent J. Schmidt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25064892. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Niagara Bottling, LLC. (Attachments: #1 Affidavit of Kent J. Schmidt in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Standing, #3 Exhibit B - Text of [Proposed] Order for Admission Pro Hac Vice).(Schmidt, Kent)
|
|
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for Kent J. Schmidt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25064892. 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 California;. 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.. (wb)
|
|
Filing 10
ORDER FOR ADMISSION PRO HAC VICE granting #8 Motion for Creighton R. Magid to Appear Pro Hac Vice; granting #9 Motion for Creighton R. Magid to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Creighton R. Magid is hereby 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. (Signed by Judge Paul A. Engelmayer on 9/13/2021) (va)
|
|
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 AMENDED MOTION for Creighton R. Magid 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. (wb)
|
|
Filing 9
AMENDED MOTION for Creighton R. Magid to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Niagara Bottling, LLC. (Attachments: #1 Affidavit of Creighton R. Magid, #2 Text of Proposed Order).(Magid, Creighton)
|
|
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for Creighton R. Magid to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25036039. 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 Montana. We do not accept certificates from a state bar registrar for this state.;. 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.. (bcu)
|
|
Filing 8
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Creighton R. Magid to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25036039. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Niagara Bottling, LLC. (Attachments: #1 Affidavit of Creighton R. Magid, #2 Text of Proposed Order).(Magid, Creighton) Modified on 9/10/2021 (bcu).
|
|
Filing 7
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the parties that the time for Defendants to answer, move or otherwise respond to the Complaint in the above proceeding shall be extended through and including October 1, 2021. This is the first stipulation to extend time to answer or otherwise move filed by the parties in the present case. The original deadline to file an answer or otherwise move in this case is August 20, 2021. Defendants have not previously requested an extension of time from the Court. IT IS SO ORDERED. Niagara Bottling, LLC answer due 10/1/2021. (Signed by Judge Paul A. Engelmayer on 8/16/2021) (va)
|
|
Filing 6
NOTICE OF APPEARANCE by Elizabeth Rozon Baksh on behalf of Niagara Bottling, LLC..(Baksh, Elizabeth)
|
|
Filing 5
PROPOSED STIPULATION AND ORDER. Document filed by Niagara Bottling, LLC..(Baksh, Elizabeth)
|
|
Filing 4
ELECTRONIC SUMMONS ISSUED as to Niagara Bottling, LLC. (vf)
|
|
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew Obergfell. The party information for the following party/parties has been modified: Eladia Duchimaza. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
|
|
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. (vf)
|
|
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..(vf)
|
|
Case Designated ECF. (vf)
|
|
Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Niagara Bottling, LLC, re: #1 Complaint. Document filed by Eladia Duchimaza..(Obergfell, Andrew)
|
|
Filing 2
CIVIL COVER SHEET filed..(Obergfell, Andrew)
|
|
Filing 1
COMPLAINT against Niagara Bottling, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24856944)Document filed by Eladia Duchimaza..(Obergfell, Andrew)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Duchimaza v. Niagara Bottling, LLC | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Eladia Duchimaza | |
| Represented By: | Andrew Obergfell |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Niagara Bottling, LLC | |
| Represented By: | Elizabeth Rozon Baksh |
| Represented By: | Creighton Reid Magid |
| Represented By: | Kent Jeffrey Schmidt |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
