Icon International, Inc. v. Elevation Health LLC
| Icon International, Inc. |
| Elevation Health LLC |
| GYPSET, INC. |
| 1:2022cv04304 |
| May 25, 2022 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 30 NOTICE OF APPEARANCE by Ranadeb Robert Mukherjee on behalf of Elevation Health LLC..(Mukherjee, Ranadeb) |
| Filing 29 NOTICE of Substitution of Attorney. Old Attorney: Leo L. Esses, New Attorney: Ranadeb Robert Mukherjee, Address: Ran Mukherjee, P.C., 240 Kent Ave, Suite B13, Brooklyn, New York, USA 11249, 646-998-4240. Document filed by Elevation Health LLC..(Mukherjee, Ranadeb) |
| Filing 28 DECLARATION of Leo L. Esses, Esq. in Support re: #26 MOTION to Amend/Correct and Add Additional Third-Party Defendants.. Document filed by Elevation Health LLC. (Attachments: #1 Exhibit Proposed Amended Pleading).(Esses, Leo) |
| Filing 27 MEMORANDUM OF LAW in Support re: #26 MOTION to Amend/Correct and Add Additional Third-Party Defendants. . Document filed by Elevation Health LLC..(Esses, Leo) |
| Filing 26 MOTION to Amend/Correct and Add Additional Third-Party Defendants. Document filed by Elevation Health LLC..(Esses, Leo) |
| Filing 25 LETTER MOTION for Extension of Time to Amend & Notice of Consent of Parties to Filing of Amended Pleadings addressed to Judge Mary Kay Vyskocil from Leo L. Esses dated October 19, 2022. Document filed by Elevation Health LLC..(Esses, Leo) |
| Filing 24 LETTER MOTION for Extension of Time to Amend addressed to Magistrate Judge Gabriel W. Gorenstein from Leo L. Esses dated October 19, 2022. Document filed by Elevation Health LLC..(Esses, Leo) |
| Filing 23 LETTER addressed to Judge Mary Kay Vyskocil from Bryan A. McKenna dated September 23, 2022 re: Order to Show Cause. Document filed by GYPSET, INC., Icon International, Inc...(McKenna, Bryan) |
| Filing 22 LETTER addressed to Judge Mary Kay Vyskocil from Leo L. Esses dated September 23, 2022 re: Letter In response to Court's Order to Show Cause. Document filed by Elevation Health LLC..(Esses, Leo) |
| Filing 21 PROPOSED CASE MANAGEMENT PLAN. Document filed by Elevation Health LLC..(Esses, Leo) |
| Filing 20 JOINT LETTER addressed to Judge Mary Kay Vyskocil from Leo L. Esses dated September 23, 2022 re: Joint Letter With Case Management Plan. Document filed by Elevation Health LLC..(Esses, Leo) |
Filing 19
ORDER TO SHOW CAUSE: Accordingly, IT IS HEREBY ORDERED that the Initial Conference that was previously scheduled to take place on September 22, 2022 is ADJOURNED sine die. IT IS FURTHER ORDERED that by September 23, 2022, the parties shall file on ECF:(1) the Case Management Plan that was submitted via email only; (2) the joint letter described in the Court's prior orders, and (2) letters showing cause why they should not be sanctioned for failing to comply with the Court's orders and Individual Rules. Counsel and the parties are on notice that sanctions may include monetary sanctions, preclusion of claims and defenses, and dismissal for failure to prosecute. In their letters showing cause why the parties should not be sanctioned, counsel must confirm that they have informed their clients that they are in danger of being sanctioned because of their chosen counsel's conduct. Counsel should also explain why the Court should not impose monetary sanctions on counsel as a "less drastic" remedy than imposing sanctions on their clients. Baptise v. Sommers, 768 F.3d 212, 216 (2d Cir. 2014) (internal quotation omitted). SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/20/2022) (tg)
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Filing 18
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Depositions to be completed by January 13, 2022. The parties have not discussed settlement and the use of alternate dispute resolution. A Post-Discovery Conference is scheduled for March 16, 2022 at 10:30 a.m. in Courtroom 18C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007. Deposition due by 1/13/2023. Fact Discovery due by 1/13/2023. Expert Discovery due by 3/13/2023. Estimate length of trial 6 days. (Signed by Judge Mary Kay Vyskocil on 9/20/2022) (tg) Modified on 9/23/2022 (tg).
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| Filing 17 ANSWER to #11 Answer to Counterclaim,, Answer to Third Party Complaint,,,,,. Document filed by GYPSET, INC...(McKenna, Bryan) |
| Filing 16 ANSWER to #11 Counterclaim. Document filed by Icon International, Inc...(McKenna, Bryan) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by GYPSET, INC...(McKenna, Bryan) |
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Filing 14
ORDER: As such, the initial pre-trial conference scheduled for August 29, 2022 at 10:30 AM is ADJOURNED to September 22, 2022 at 10:00 AM. On or before September 15, 2022, the parties shall submit a Proposed Case Management Plan and Scheduling Order and JOINT letter, as required by this Court's Individual Rules of Practice and as specified in the Court's scheduling order at ECF No. 8. That joint letter should include: As further set forth by this Order. ( Initial Conference set for 9/22/2022 at 10:00 AM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 8/25/2022) (tg)
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| Filing 13 LETTER MOTION for Extension of Time to File Answer until August 26, 2022 addressed to Magistrate Judge Gabriel W. Gorenstein from Bryan A. McKenna dated 08-02-2022. Document filed by GYPSET, INC., Icon International, Inc...(McKenna, Bryan) |
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Filing 12
NOTICE OF INITIAL PRETRIAL CONFERENCE: To join the conference, dial 888-278-0296 at thescheduled time. When prompted, enter Access Code 5195844. SO ORDERED. Initial Conference set for 8/29/2022 at 10:30 AM before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 7/20/2022) (tg)
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| Filing 11 ANSWER to #9 Counterclaim., ANSWER to #9 Answer to Complaint,, Third Party Complaint,, Counterclaim,., THIRD PARTY COMPLAINT against GYPSET, INC.., COUNTERCLAIM against Icon International, Inc.. Document filed by Elevation Health LLC..(Esses, Leo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Leo L. Esses to RE-FILE Document No. #10 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Leo L. Esses to RE-FILE Document No. #9 Answer to Complaint,, Third Party Complaint,, Counterclaim,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Caption title does not include a Counterclaim caption title citing the Counterclaim plaintiffs and Counterclaim defendants. (pc) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to GYPSET, INC., re: #9 Answer to Complaint, Third Party Complaint, Counterclaim. Document filed by Elevation Health LLC..(Esses, Leo) |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - ANSWER to #1 Complaint., THIRD PARTY COMPLAINT against GYPSET, INC.., COUNTERCLAIM against Icon International, Inc.. Document filed by Elevation Health LLC..(Esses, Leo) Modified on 7/13/2022 (pc). |
| Filing 8 LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Gabriel W. Gorenstein from Leo L. Esses dated June 24, 2022. Document filed by Elevation Health LLC..(Esses, Leo) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Elevation Health LLC..(Esses, Leo) |
| Filing 6 NOTICE OF APPEARANCE by Leo L. Esses on behalf of Elevation Health LLC..(Esses, Leo) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Elevation Health LLC. (vf) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Elevation Health LLC, re: #1 Complaint. Document filed by Icon International, Inc...(McKenna, Bryan) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Icon International, Inc...(McKenna, Bryan) |
| Filing 2 CIVIL COVER SHEET filed..(McKenna, Bryan) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Bryan A McKenna. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bryan A McKenna. The party information for the following party/parties has been modified: Elevation Health LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(sj) |
| Magistrate Judge Gabriel W. Gorenstein 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 1 COMPLAINT against Icon International, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26197082)Document filed by Icon International, Inc...(McKenna, Bryan) |
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