A.J. TRUCCO, INC. v. REDCELL CORP. et al
| A.J. Trucco, Inc |
| REDCELL CORP and Redcell Systems, LLC |
| 1:2022cv07732 |
| September 9, 2022 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Gregory H Woods |
| Contract: Other |
| 28 U.S.C. § 1331 bc Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 7, 2023. A more recent docket listing may be available from PACER.
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Filing 33
MEMORANDUM OF LAW in Support re: #30 MOTION to Dismiss Complaint. . Document filed by REDCELL CORP, Redcell Systems, LLC..(Levine, Ira)
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Filing 32
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Jay Edmond Russ, Esq. in Support re: #30 MOTION to Dismiss Complaint.. Document filed by REDCELL CORP, Redcell Systems, LLC. (Attachments: #1 Exhibit E - Rule 26 Disclosure, #2 Exhibit F - Response to D&I, #3 Exhibit G - Trucco motion to amend answer, #4 Exhibit H - Trucco proposed counterclaim, #5 Exhibit I - MJ R&R, #6 Exhibit J - Decision dated 3/8/2022).(Levine, Ira) Modified on 11/4/2022 (lb).
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Filing 31
DECLARATION of Jay Edmond Russ, Esq. in Support re: #30 MOTION to Dismiss Complaint.. Document filed by REDCELL CORP, Redcell Systems, LLC. (Attachments: #1 Exhibit A - Complaint, #2 Errata B- Civil Cover Sheet, #3 Exhibit C - Complaint in Redcell lawsuit, #4 Exhibit D - Trucco answer).(Levine, Ira)
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Filing 30
MOTION to Dismiss Complaint. Document filed by REDCELL CORP, Redcell Systems, LLC. Responses due by 12/1/2022.(Levine, Ira)
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Filing 29
ORDER granting #27 Letter Motion for Leave to File Document. The Court has reviewed the parties' letters dated September 22 and 29, 2022. ECF Nos. 27-28. Accordingly: 1. Defendants' request for leave to file a motion to dismiss is GRANTED; 2. By November 3, 2022, Defendants shall file their motion; 3. By December 1, 2022, Plaintiff shall file its opposition; and 4. By December 15, 2022, Defendants shall file their reply, if any. The Clerk of Court is directed to terminate the motion at ECF No. 27. SO ORDERED. (Signed by Judge Analisa Torres on 9/29/2022) (tg)
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Filing 28
LETTER RESPONSE to Motion addressed to Judge Analisa Torres from Lawrence Bluestone, Esq. dated 9/29/2022 re: #27 LETTER MOTION for Leave to File motion to dismiss the complaint addressed to Judge Analisa Torres from Ira Levine, Esq. dated September 22, 2022. . Document filed by A.J. Trucco, Inc. (Attachments: #1 Exhibit July 8, 2022 Letter from Plaintiff to Judge Bumb).(Bluestone, Lawrence)
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Set/Reset Deadlines: Motions due by 11/3/2022. Responses due by 12/1/2022 Replies due by 12/15/2022. (tg)
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Filing 27
LETTER MOTION for Leave to File motion to dismiss the complaint addressed to Judge Analisa Torres from Ira Levine, Esq. dated September 22, 2022. Document filed by REDCELL CORP, Redcell Systems, LLC. (Attachments: #1 Exhibit Defense letter dated 7/1/22, #2 Exhibit Plaintiff letter dated 7/8/22).(Levine, Ira)
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Filing 26
NOTICE OF APPEARANCE by Ira Levine on behalf of REDCELL CORP, Redcell Systems, LLC..(Levine, Ira)
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Filing 25
ORDER granting #24 Letter Motion for Leave to File Document. GRANTED. Counsel shall re-file his notice of appearance. SO ORDERED.. (Signed by Judge Analisa Torres on 9/21/2022) (kv)
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Filing 24
LETTER MOTION for Leave to File Notice of Appearance or to amend the 9/19/2022 Order addressed to Judge Analisa Torres from Ira Levine, Esq. dated September 20, 2022. Document filed by REDCELL CORP, Redcell Systems, LLC..(Levine, Ira)
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Filing 23
CONSENT TO CHANGE ATTORNEY: PLEASE TAKE NOTICE THAT subject to approval by the court, the defendants REDCELL CORP., and REDCELL SYSTEMS, LLC, hereby substitute RUSS &RUSS, P.C. as attorney of record for the defendants in place of Levine, Staller, Sklar, Chan & Brown, P.A.. The Clerk of Court is directed to remove Brian J. Cullen and Ira Levine from the docket. SO ORDERED. Attorney Jay Edmond Russ for REDCELL CORP,Jay Edmond Russ for Redcell Systems, LLC added. Attorney BRIAN J CULLEN and Ira Levine terminated. (Signed by Judge Analisa Torres on 9/19/2022) (kv)
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Filing 22
NOTICE of Substitution of Attorney. Old Attorney: Levine, Staller, Sklar, Can & Brown, P.A., New Attorney: Jay Edmond Russ, Address: Russ & Russ PC, 543 Broadway, Massapequa, NY, United States 11758, 5165411014. Document filed by REDCELL CORP, EDMOND JAY RUSS, Redcell Systems, LLC..(Russ, Jay)
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Filing 21
NOTICE OF APPEARANCE by Ira Levine on behalf of REDCELL CORP, Redcell Systems, LLC..(Levine, Ira)
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NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Gregory H. Woods is no longer assigned to the case..(aea)
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Magistrate Judge Sarah L. Cave is so redesignated. (aea)
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Filing 20
CASE TRANSFERRED IN from the United States District Court - District of New Jersey; Case Number: 1:22-cv-02871. Original file certified copy of transfer order and docket entries received.
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Case Designated ECF. (vba)
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Gregory H. Woods. 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..(vba)
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Magistrate Judge Robert W. Lehrburger 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. (vba)
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NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba)
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Filing 19
MEMORANDUM OPINION & ORDER transferring this case to the Untied States District Court for the Southern District of New York, pursuant to 28 U.S.C. 1404(a). Signed by Judge Renee Marie Bumb on 9/2/2022. (alb, ) [Transferred from New Jersey on 9/9/2022.]
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***Civil Case Terminated. (alb, ) [Transferred from New Jersey on 9/9/2022.]
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Filing 18
Letter from Brian Cullen re Response to Order to Show Cause re #17 Response to Order to Show Cause. (CULLEN, BRIAN) [Transferred from New Jersey on 9/9/2022.]
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Filing 17
RESPONSE TO ORDER TO SHOW CAUSE by A.J. TRUCCO, INC.. (Attachments: #1 Declaration of Nicola Pacia)(BLUESTONE, LAWRENCE) [Transferred from New Jersey on 9/9/2022.]
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Filing 16
ORDER TO SHOW CAUSE: Plaintiff shall SHOW CAUSE by 8/19/2022 as to why this matter should not be transferred to the Southern District of New York Signed by Judge Renee Marie Bumb on 8/9/2022. (alb, ) Modified on 8/12/2022 (tf, ). [Transferred from New Jersey on 9/9/2022.]
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Filing 15
Letter from Lawrence Bluestone, Esq.. (CLEWELL, HARRISON) [Transferred from New Jersey on 9/9/2022.]
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Filing 14
Letter from Brian Cullen re pre-motion conference. (CULLEN, BRIAN) [Transferred from New Jersey on 9/9/2022.]
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Magistrate Judge Elizabeth A. Pascal added. Magistrate Judge Ann Marie Donio no longer assigned to case. (DS, ) [Transferred from New Jersey on 9/9/2022.]
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Filing 13
Notice of Request by Pro Hac Vice Jay Edmond Russ to receive Notices of Electronic Filings. (CULLEN, BRIAN) [Transferred from New Jersey on 9/9/2022.]
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Filing 12
Notice of Request by Pro Hac Vice Daniel P. Rosenthal to receive Notices of Electronic Filings. (CULLEN, BRIAN) [Transferred from New Jersey on 9/9/2022.]
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Filing 11
Notice of Request by Pro Hac Vice Jay Edmond Russ to receive Notices of Electronic Filings. (CULLEN, BRIAN) [Transferred from New Jersey on 9/9/2022.]
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Pro Hac Vice counsel, DANIEL P. ROSENTHAL and EDMOND JAY RUSS, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (alb) [Transferred from New Jersey on 9/9/2022.]
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Pro Hac Vice fee: $ 150, receipt number CAM013861 as to Jay Edmond Russ. (alb) [Transferred from New Jersey on 9/9/2022.]
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Pro Hac Vice fee: $ 150, receipt number CAM013860 as to Daniel P. Rosenthal (alb) [Transferred from New Jersey on 9/9/2022.]
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Filing 10
ORDER granting #8 Motion for Leave to Appear Pro Hac Vice as to Jay Edmond Russ and Daniel P. Rosenthal. Signed by Magistrate Judge Ann Marie Donio on 6/2/2022. (alb) [Transferred from New Jersey on 9/9/2022.]
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Filing 9
Certification of Jay Edmond Russ on behalf of All Defendants Re #8 Motion for Leave to Appear Pro Hac Vice. (Attachments: #1 Certification Daniel)(CULLEN, BRIAN) [Transferred from New Jersey on 9/9/2022.]
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Filing 8
MOTION for Leave to Appear Pro Hac Vice by All Defendants. (Attachments: #1 Certification Brian Cullen, #2 Certification Jay Edmond Russ, #3 Certification Daniel P Rosenthal, #4 Text of Proposed Order)(CULLEN, BRIAN) [Transferred from New Jersey on 9/9/2022.]
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Filing 7
NOTICE of Appearance by BRIAN J CULLEN on behalf of All Defendants (CULLEN, BRIAN) [Transferred from New Jersey on 9/9/2022.]
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CLERK'S QUALITY CONTROL MESSAGE - The CERTIFICATION OFJAY EDMOND RUSS and CERTIFICATION OF DANIEL P. ROSENTHAL #8 submitted by Brian Cullen on 6/2/2022 contains an improper signature. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENTS ONLY WITH A SCANNED SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (alb) [Transferred from New Jersey on 9/9/2022.]
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Set/Reset Deadlines as to #8 MOTION for Leave to Appear Pro Hac Vice . Motion set for 7/5/2022 before Magistrate Judge Ann Marie Donio. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (alb) [Transferred from New Jersey on 9/9/2022.]
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Filing 6
WAIVER OF SERVICE Returned Executed by A.J. TRUCCO, INC.. REDCELL SYSTEMS, LLC waiver sent on 5/18/2022, answer due 7/18/2022. (BLUESTONE, LAWRENCE) [Transferred from New Jersey on 9/9/2022.]
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Filing 5
WAIVER OF SERVICE Returned Executed by A.J. TRUCCO, INC.. REDCELL CORP. waiver sent on 5/18/2022, answer due 7/18/2022. (BLUESTONE, LAWRENCE) [Transferred from New Jersey on 9/9/2022.]
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Filing 4
SUMMONS ISSUED as to REDCELL CORP., REDCELL SYSTEMS, LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (bda) [Transferred from New Jersey on 9/9/2022.]
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Filing 3
NOTICE of Appearance by CHARLES JOSEPH MESSINA on behalf of A.J. TRUCCO, INC. (MESSINA, CHARLES) [Transferred from New Jersey on 9/9/2022.]
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Notice of Judicial Preferences. RMB #Click here for the Judge's Individual Procedure Requirements. (bda) [Transferred from New Jersey on 9/9/2022.]
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CASE REFERRED to Arbitration. (bda) [Transferred from New Jersey on 9/9/2022.]
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Judge Renee Marie Bumb and Magistrate Judge Ann Marie Donio added. (dmw) [Transferred from New Jersey on 9/9/2022.]
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Filing 2
Corporate Disclosure Statement by A.J. TRUCCO, INC.. (BLUESTONE, LAWRENCE) [Transferred from New Jersey on 9/9/2022.]
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Filing 1
COMPLAINT against REDCELL CORP., REDCELL SYSTEMS, LLC ( Filing and Admin fee $ 402 receipt number ANJDC-13416943) with JURY DEMAND, filed by A.J. TRUCCO, INC.. (Attachments: #1 Civil Cover Sheet)(BLUESTONE, LAWRENCE) [Transferred from New Jersey on 9/9/2022.]
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