Valmont, Inc., v. VF Corporation Inc. et al
Plaintiff: Valmont, Inc., and Valmont, Inc.
Defendant: VF Corporation, Kontoor Brands, Inc., Kontoor Retail, Inc., VF Corporation, Inc., VFO, Inc. and VF OUTLET, Inc
Case Number: 1:2021cv07223
Filed: August 27, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1446 bc
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 21, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eleanor P. Vale re: Document No. #23 Amended Complaint. The filing is deficient for the following reason(s): Court's leave has not been granted. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (sj)
October 20, 2021 Filing 23 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON- COMPLIANCE FIRST AMENDED COMPLAINT amending #22 Amended Complaint against Kontoor Brands, Inc., VF OUTLET, Inc.Document filed by Valmont, Inc.. Related document: #22 Amended Complaint..(Vale, Eleanor) Modified on 10/21/2021 (sj).
October 20, 2021 Filing 22 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #21 Amended Complaint against Kontoor Brands, Inc., VFO, Inc..Document filed by Valmont, Inc.. Related document: #21 Amended Complaint..(Vale, Eleanor) Modified on 10/21/2021 (sj).
October 20, 2021 ADD PARTY FOR PLEADING. Defendants/Respondents Kontoor Brands, Inc., VFO, Inc. added. Party added pursuant to #21 Amended Complaint.Document filed by Valmont, Inc.. Related document: #21 Amended Complaint..(Vale, Eleanor)
October 20, 2021 ADD PARTY FOR PLEADING. Defendants/Respondents VF OUTLET, Inc added. Party added pursuant to #22 Amended Complaint.Document filed by Valmont, Inc.. Related document: #22 Amended Complaint..(Vale, Eleanor)
October 18, 2021 ADD PARTY FOR PLEADING. Defendants/Respondents Kontoor Brands, Inc., VFO, Inc. added. Party added pursuant to #21 Amended Complaint.Document filed by Valmont, Inc.. Related document: #21 Amended Complaint..(Vale, Eleanor)
October 15, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eleanor P. Vale to RE-FILE re: Document No. #21 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading (VF Outlet, Inc.) were not entered on CM ECF; wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended 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. (vf)
October 14, 2021 Filing 21 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT against Kontoor Brands, Inc., VFO, Inc..Document filed by Valmont, Inc.(Vale, Eleanor) Modified on 10/15/2021 (vf).
October 14, 2021 Opinion or Order Filing 20 ORDER: It is hereby ORDERED that Plaintiff shall file an amended complaint by October 15, 2021. If Plaintiff no longer seeks to prosecute this case, Plaintiff shall file a letter by October 15, 2021, stating its position. Failure to comply with this Order may result in sanctions, including dismissal with prejudice for failure to prosecute. (Amended Pleadings due by 10/15/2021.) (Signed by Judge Lorna G. Schofield on 10/13/2021) (mml)
October 5, 2021 Filing 19 MEMO ENDORSEMENT on re: #18 Letter filed by Valmont, Inc. ENDORSEMENT: Application GRANTED. Plaintiff shall file its amended complaint by October 12, 2021. (Amended Pleadings due by 10/12/2021.) (Signed by Judge Lorna G. Schofield on 10/5/2021) (mml)
October 4, 2021 Filing 18 FIRST LETTER addressed to Judge Lorna G. Schofield from Eleanor Vale dated Oct. 4,2021 re: AMEND COMPLAINT. Document filed by Valmont, Inc...(Vale, Eleanor)
September 30, 2021 Opinion or Order Filing 17 ORDER: WHEREAS, the Order dated September 23, 2021 (Dkt. No. 16), required Plaintiff to file an additional response to Defendants September 1, 2021, letter (Dkt. No. 4) by September 29, 2021. The Order noted that, if Plaintiff intends to amend the Complaint, Plaintiff shall unambiguously state any intention to seek leave to amend; WHEREAS, Plaintiff failed to submit the letter. It is hereby ORDERED that, by October 5, 2021, Plaintiff shall file the letter. (Signed by Judge Lorna G. Schofield on 9/30/2021) (tg)
September 23, 2021 Opinion or Order Filing 16 ORDER denying #12 Letter Motion for Leave to File Document. Plaintiff's motion to remand is DENIED for substantially the reasons argued by Defendants in their September 21, 2021, letter. Defendants provide a declaration that the Notice of Removal contained all of the documents served on Defendants and argue that this is sufficient for removal. The case law submitted in support of this argument is convincing. See Hoechstetter v. Columbia Univ., No. 19 Civ. 2978, 2020 WL 905738, at *2 (S.D.N.Y. Feb. 25, 2020). Defendants cite persuasive authority that even if the Notice of Removal failed to contain all of the papers served on Defendants, such a shortcoming would not warrant remand. See Moorer v. Incorporate Village of Hempstead, No. 19 Civ. 4982, 2020 WL 4003605, at *1 (E.D.N.Y. July 15, 2020) (collecting cases holding that failure to file all state court papers required by 28 U.S.C. 1446(a) is a technical and curable defect rather than a jurisdictional defect). Plaintiff shall file a response to Defendants' September 1, 2021, letter (Dkt. No. 4) by September 29, 2021. The letter shall not exceed three single-spaced pages and shall comply with Individual Rules III.A.1 and III.C.2. Pursuant to Individual Rule III.C.2, if Plaintiff intends to amend the Complaint, plaintiff shall unambiguously state any intention to seek leave to amend. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 12. (Signed by Judge Lorna G. Schofield on 9/23/2021) (cf)
September 21, 2021 Filing 15 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Tyler E. Baker dated September 21, 2021 re: #12 SECOND LETTER MOTION for Leave to File motion to reject removal to Federal Court - remand to state court Back to NYState Supreme Court addressed to Judge Lorna G. Schofield from Eleanor Vale dated September 9, 2021. . Document filed by Kontoor Brands, Inc., VF Corporation, Inc., VFO, Inc.. (Attachments: #1 Exhibit Declaration of Steve Kirvan).(Baker, Tyler)
September 15, 2021 Opinion or Order Filing 14 ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that aconference will be held at November 4, 2021 at 10:50 a.m. The conference will be telephonic. The time of the conference is approximate, but the parties shall be ready to proceed by that time. The Court will call the parties at the number provided in the joint letter (discussed below) once the conference is ready to begin. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. DATE AND PLACE OF CONFERENCE: November 4, 2021 at 10:50 a.m, to be held telephonically in accordance with the instructions on the first page of this order. And as set forth herein. Initial Conference set for 11/4/2021 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/15/2021) (ama)
September 10, 2021 Opinion or Order Filing 13 MEMO ENDORSEMENT on re: #12 SECOND LETTER MOTION for Leave to File motion to reject removal to Federal Court - remand to state court Back to NYState Supreme Court addressed to Judge Lorna G. Schofield from Eleanor Vale dated September 9, 2021. filed by Valmont, Inc. ENDORSEMENT: Defendant shall file a response to Plaintiff's letter not to exceed three pages by September 21, 2021. So Ordered. ( Responses due by 9/21/2021) (Signed by Judge Lorna G. Schofield on 9/9/2021) (cf)
September 9, 2021 Filing 12 SECOND LETTER MOTION for Leave to File motion to reject removal to Federal Court - remand to state court Back to NYState Supreme Court addressed to Judge Lorna G. Schofield from Eleanor Vale dated September 9, 2021. Document filed by Valmont, Inc...(Vale, Eleanor)
September 9, 2021 Filing 11 FIRST LETTER addressed to Judge Lorna G. Schofield from Eleanor Vale dated September 8, 2021 re: Defendant letter to dismiss VF Corp and Complaint. Document filed by Valmont, Inc...(Vale, Eleanor)
September 8, 2021 Opinion or Order Filing 10 ORDER denying #9 Letter Motion for Leave to File Document. Application DENIED. Plaintiff seeks to transfer this case to state court under 28 U.S.C. 1404(a). Section 1404(a) addresses the transfer of cases between federal district courts and not from federal court to state court. See Pope v. Atl. Coast Line R Co., 345 U.S. 379, 384 (1953); accord Gonzales v. Agway Energy Servs., LLC, No. 18 Civ. 235, 2019 WL 910669, at *2 (N.D.N.Y. Feb. 25, 2019). In any event, Plaintiff has not established a basis for remand under the appropriate statute, 28 U.S.C. 1447(c). Section 1447(c) authorizes remand for either a procedural defect asserted within thirty days of the filing of notice of removal or a lack of subject matter jurisdiction. See Mitskovski v. Buffalo & Ft. Erie Pub. Bridge Auth., 435 F.3d 127, 131 (2d Cir. 2006). Plaintiff's letter does not identify a procedural defect and concedes that this Court has jurisdiction. The issues raised by Plaintiff are not permissible grounds for remanding a case to state court. See Thermton Prods. v. Hermansdorfer, 423 U.S. 336, 345 (1976) (holding that a district court exceeded its authority by remanding a case for reasons not authorized by statute), superseded on other grounds by statute, Judicial Improvements and Access to Justice Act, Pub. L. No. 100-702, 102 Stat. 4642, 4670 (1988); accord Buchner v. FDIC, 981 F.2d 816, 820 (5th Cir. 1993). (Signed by Judge Lorna G. Schofield on 9/8/2021) (cf)
September 8, 2021 Filing 9 FIRST LETTER MOTION for Leave to File Motion to Transfer/Remand Back to NYState Supreme Court addressed to Judge Lorna G. Schofield from Eleanor Vale dated September 7, 2021. Document filed by Valmont, Inc...(Vale, Eleanor)
September 7, 2021 Filing 8 MEMO ENDORSEMENT denying #7 Motion to Transfer Case. ENDORSEMENT: Plaintiff's motion to remand the case to New York state court is DENIED for failure to comply with Individual Rule III.A.3. Pursuant to Individual Rule III.A.3, by September 10, 2021, Plaintiff shall file a pre-motion letter not to exceed three single-space pages citing the controlling authorities. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 7. (Signed by Judge Lorna G. Schofield on 9/7/2021) (cf) Modified on 9/10/2021 (cf).
September 4, 2021 Filing 7 FIRST MOTION to Transfer Case Back to NYState Supreme Court. Document filed by Valmont, Inc.. (Attachments: #1 Affidavit Affidavit of President of Plaintiff Company, #2 Affidavit Affirmation of Attorney Eleanor Vale, #3 Exhibit Ex.1- Correct and True Summons and Verified Complaint, #4 Exhibit Ex.2 - efiled Doc. Detail in New York State Supreme Court, #5 Supplement MEMORANDUM OF LAW).(Vale, Eleanor)
September 4, 2021 Filing 6 NOTICE OF APPEARANCE by Eleanor P. Vale on behalf of Valmont, Inc...(Vale, Eleanor)
September 2, 2021 Filing 5 MEMO ENDORSEMENT on re: #4 Letter filed by VFO, Inc., VF Corporation, Inc., Kontoor Brands, Inc. ENDORSEMENT: Plaintiff shall file a response to Defendants' letter by September 9, 2021. (Signed by Judge Lorna G. Schofield on 9/2/2021) (cf)
September 1, 2021 Filing 4 LETTER addressed to Judge Lorna G. Schofield from Tyler E. Baker dated September 1, 2021 re: Defendants' proposed Motion to Dismiss. Document filed by Kontoor Brands, Inc., VF Corporation, Inc., VFO, Inc...(Baker, Tyler)
August 30, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tyler Enright Baker re: Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf)
August 30, 2021 ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Tyler Enright Baker. The following party/parties has been removed from this case: Kontoor Retail, Inc. The party was added to the case in error. (vf)
August 30, 2021 Magistrate Judge Barbara C. Moses 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)
August 30, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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)
August 30, 2021 Case Designated ECF. (vf)
August 30, 2021 ADD PARTY FOR PLEADING. Defendants/Respondents VFO, Inc. added. Party added pursuant to #1 Notice of Removal,.Document filed by Kontoor Brands, Inc., VF Corporation, Inc.. Related document: #1 Notice of Removal,..(Baker, Tyler)
August 27, 2021 Filing 3 NOTICE of Consent of Kontoor Retail, Inc. and Kontoor Brands, Inc. to removal of this action by VF Corporation re: #1 Notice of Removal,. Document filed by Kontoor Brands, Inc., Kontoor Retail, Inc...(Baker, Tyler)
August 27, 2021 Filing 2 CIVIL COVER SHEET filed..(Baker, Tyler)
August 27, 2021 Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 654048/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24990610).Document filed by Kontoor Brands, Inc., VF Corporation, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Baker, Tyler) Modified on 8/30/2021 (vf).

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 this case: Valmont, Inc., v. VF Corporation Inc. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Valmont, Inc.,
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 ]
Plaintiff: Valmont, Inc.
Represented By: Eleanor P. Vale
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: VF Corporation
Represented By: Tyler Enright Baker
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: Kontoor Brands, Inc.
Represented By: Tyler Enright Baker
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: Kontoor Retail, Inc.
Represented By: Tyler Enright Baker
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: VF Corporation, Inc.
Represented By: Tyler Enright Baker
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: VFO, Inc.
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: VF OUTLET, Inc
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.


Why Is My Information Online?