Dukas v. Koninklijke Luchtvaart Maatschappij, N.V.
| Kandas Dukas |
| Koninklijke Luchtvaart Maatschappij, N.V. |
| 1:2022cv07962 |
| September 17, 2022 |
| U.S. District Court for the Southern District of New York |
| Ronnie Abrams |
| Other Fraud |
| 28 U.S.C. § 1332 fr Diversity-Fraud |
| Plaintiff |
Docket Report
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Filing 33
OPINION AND ORDER re: #19 MOTION to Dismiss the First Amended Complaint. filed by Koninklijke Luchtvaart Maatschappij, N.V. For the foregoing reasons, Defendant's motion to dismiss is granted. Although the Court is highly skeptical that Plaintiff can in good faith amend the pleadings such that she is able to establish standing, "where a case is dismissed for lack of Article III standing, as here, that disposition cannot be entered with prejudice, and instead must be dismissed without prejudice." Katz v. Donna Karan Co., LLC, 872 F.3d 114, 121 (2d Cir. 2017) (emphasis in original) (citing Carter v. HealthPort Techs., LLC, 822 F.3d 47, 5455 (2d Cir. 2016)); see also Hernandez v. Conriv Realty Assocs., 182 F.3d 121, 123 (2d Cir. 1999) ("[W]hen a case is dismissed for lack of federal subject matter jurisdiction 'Article III deprives federal courts of the power to dismiss [the] case with prejudice.") Accordingly, Plaintiff may file a further amended complaint within thirty (30) days, provided she has a good faith basis for doing so. No later than September 26, 2023, Plaintiff's counsel shall show cause as to why sanctions should not be levied against him. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 19. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/12/2023) (jca)
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Filing 32
RESPONSE in Support of Motion re: #19 MOTION to Dismiss the First Amended Complaint. Letter response, per Court's July 28, 2023 Order #31 . Document filed by Koninklijke Luchtvaart Maatschappij, N.V...(Gordon, Keara)
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Filing 31
MEMO ENDORSEMENT on re: #30 Letter, filed by Koninklijke Luchtvaart Maatschappij, N.V. ENDORSEMENT: Defendant KLM may file a response by letter no later than August 11, 2023. (Signed by Judge Ronnie Abrams on 7/28/2023) (ate)
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Filing 30
LETTER addressed to Judge Ronnie Abrams from Keara M. Gordon dated July 27, 2023 re: Requesting Court's desire for a Response to Plaintiff's Declaration in Opposition to MTD filed July 26, 2023 (ECF #29).. Document filed by Koninklijke Luchtvaart Maatschappij, N.V...(Gordon, Keara)
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Filing 29
DECLARATION of Kandus Dakus in Opposition re: #19 MOTION to Dismiss the First Amended Complaint.. Document filed by Kandas Dukas..(Sheehan, Spencer)
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Filing 28
ORDER: In light of Defendant's submissions, Plaintiff shall file any additional materials, or any additional argument, to rebut the factual challenge to jurisdiction no later than July 26, 2023. (Signed by Judge Ronnie Abrams on 7/13/2023) (ate)
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Filing 27
NOTICE of supplemental authority in further support of re: #19 MOTION to Dismiss the First Amended Complaint.. Document filed by Koninklijke Luchtvaart Maatschappij, N.V.. (Attachments: #1 Exhibit 1 - Opinion and Order).(Gordon, Keara)
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Filing 26
NOTICE of supplemental authority in further support of re: #19 MOTION to Dismiss the First Amended Complaint.. Document filed by Koninklijke Luchtvaart Maatschappij, N.V.. (Attachments: #1 Exhibit 1 - Decision and Order).(Gordon, Keara)
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Filing 25
REPLY MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss the First Amended Complaint. . Document filed by Koninklijke Luchtvaart Maatschappij, N.V...(Gordon, Keara)
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Filing 24
MEMORANDUM OF LAW in Opposition re: #19 MOTION to Dismiss the First Amended Complaint. . Document filed by Kandas Dukas..(Sheehan, Spencer)
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Filing 23
ORDER granting #22 Letter Motion for Extension of Time to File Response/Reply re #22 LETTER MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss the First Amended Complaint. addressed to Judge Ronnie Abrams from Keara M. Gordon dated February 3, 2023. Application granted. SO ORDERED. Responses due by 2/22/2023. Replies due by 3/15/2023. (Signed by Judge Ronnie Abrams on 2/6/2023) (ate)
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Filing 22
LETTER MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss the First Amended Complaint. addressed to Judge Ronnie Abrams from Keara M. Gordon dated February 3, 2023. Document filed by Koninklijke Luchtvaart Maatschappij, N.V...(Gordon, Keara)
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Filing 21
DECLARATION of Keara M. Gordon in Support re: #19 MOTION to Dismiss the First Amended Complaint.. Document filed by Koninklijke Luchtvaart Maatschappij, N.V.. (Attachments: #1 Exhibit 1 - Eric Caron Declaration, #2 Exhibit 2 - ACIS webpage, Keeping You and Your Students Safe, #3 Exhibit 3 - ACIS Terms and Conditions, #4 Exhibit 4 - Plaintiffs GoFundMe.com webpage, #5 Exhibit 5 - KLMs General Conditions of Carriage, dated October 15, 2021, #6 Exhibit 5a - KLMs General Conditions of Carriage, dated September 29, 2022, #7 Exhibit 6 - KLM's archived webpage, Reforestation, #8 Exhibit 6a - KLM's webpage, Reforestation, #9 Exhibit 7 - KLMs webpage, FAQ - KLM and sustainability, #10 Exhibit 8 - KLMs archived webpage, What we do, #11 Exhibit 8a - KLMs webpage, What we do, #12 Exhibit 9 - KLMs Climate Action Plan, dated April 13, 2022,, #13 Exhibit 10 - KLMs archived webpage, Climate policy, #14 Exhibit 11 - KLMs December 16, 2022 press release, #15 Exhibit 12 - KLMs archived webpage, What you can do, #16 Exhibit 12a - KLMs webpage, What you can do, #17 Exhibit 13 - 11/10/2022 Order in Earth Island Institute v. The Coca-Cola Co.).(Gordon, Keara)
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Filing 20
MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss the First Amended Complaint. . Document filed by Koninklijke Luchtvaart Maatschappij, N.V...(Gordon, Keara)
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Filing 19
MOTION to Dismiss the First Amended Complaint. Document filed by Koninklijke Luchtvaart Maatschappij, N.V...(Gordon, Keara)
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Filing 18
ORDER granting #17 Motion for Haley D. Torrey to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Haley D. Torrey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27153442. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 17
MOTION for Haley D. Torrey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27153442. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Koninklijke Luchtvaart Maatschappij, N.V.. (Attachments: #1 Exhibit A - Certificates of Good Standing, #2 Exhibit B - Declaration of Haley D. Torrey in Support of Motion for Admission Pro Hac Vice, #3 Text of Proposed Order Proposed Order).(Torrey, Haley)
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Filing 16
ORDER granting #15 Letter Motion to Adjourn Conference. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/29/2022) (ate)
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Filing 15
CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Ronnie Abrams from Spencer Sheehan dated December 28, 2022. Document filed by Kandas Dukas..(Sheehan, Spencer)
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Filing 14
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Air France KLM-SA for Koninklijke Luchtvaart Maatschappij, N.V.. Document filed by Koninklijke Luchtvaart Maatschappij, N.V...(Gordon, Keara)
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Filing 13
FIRST AMENDED COMPLAINT amending #1 Complaint against Koninklijke Luchtvaart Maatschappij, N.V. with JURY DEMAND.Document filed by Kandas Dukas. Related document: #1 Complaint..(Sheehan, Spencer)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Keara M. Gordon to RE-FILE Document No. #10 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the corporate disclosure statement is not correct; the corporate parent/other affiliate was not added; the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb)
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Filing 12
NOTICE OF APPEARANCE by Colleen Gulliver on behalf of Koninklijke Luchtvaart Maatschappij, N.V...(Gulliver, Colleen)
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Filing 11
LETTER MOTION to Stay re: #8 Order on Motion to Adjourn Conference,, pending the Court's ruling on its anticipated Motion, due to be filed on January 23, 2023 addressed to Judge Ronnie Abrams from Keara M. Gordon dated December 13, 2022. Document filed by Koninklijke Luchtvaart Maatschappij, N.V...(Gordon, Keara)
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Filing 10
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Koninklijke Luchtvaart Maatschappij, N.V...(Gordon, Keara) Modified on 12/14/2022 (lb).
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Filing 9
NOTICE OF APPEARANCE by Keara M. Gordon on behalf of Koninklijke Luchtvaart Maatschappij, N.V...(Gordon, Keara)
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Filing 8
ORDER granting in part #7 Letter Motion to Adjourn Conference. Application granted in part. The telephonic initial pretrial conference is adjourned to January 4, 2023 at 3:30 p.m.; Call-In Number: (888) 363-4749; Access Code: 1015508#. No later than January 2, 2023, the parties shall file a joint letter and proposed case management as described in this Court's prior orders in this action. To the extent that the parties are requesting a stay of discovery pending the Court's ruling on an anticipated motion to dismiss, they shall inform the Court by letter. SO ORDERED. Initial Conference set for 1/4/2023 at 3:30 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 12/6/2022) (vfr)
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Filing 7
CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Ronnie Abrams from Spencer Sheehan dated December 5, 2022. Document filed by Kandas Dukas..(Sheehan, Spencer)
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Filing 6
WAIVER OF SERVICE RETURNED EXECUTED. Koninklijke Luchtvaart Maatschappij, N.V. waiver sent on 11/23/2022, answer due 1/22/2023. Document filed by Kandas Dukas..(Sheehan, Spencer)
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Filing 5
ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that, by December 9, 2022, the parties submit a joint letter, not to exceed five (5) pages, providing the following information in separate paragraphs: As set forth herein. IT IS FURTHER ORDERED that, by December 9, 2022, the parties jointly submit to the Court a proposed case management plan and scheduling order. IT IS FURTHER ORDERED that counsel for all parties appear for an initial status conference on December 16, 2022 at 1:30 p.m. If Defendant has not yet been properly served, has not filed a responsive pleading, and/or the parties otherwise seek to adjourn the conference, they shall notify the Court by no later than December 9, 2022. Unless the parties request otherwise, the Court will hold this conference by telephone. The parties shall use the following dial-in information to call in to the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. Plaintiff is ordered to serve Defendant with a copy of this order and to file an affidavit on ECF certifying that such service has been effectuated. And as set forth herein. SO ORDERED.Telephonic Initial Conference set for 12/16/2022 at 01:30 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 10/18/2022) (ama)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Koninklijke Luchtvaart Maatschappij, N.V...(pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Spencer Sheehan. The party information for the following party/parties has been modified: Kandas Dukas. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc)
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Case Designated ECF. (pc)
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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. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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..(pc)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Koninklijke Luchtvaart Maatschappij, N.V., re: #1 Complaint. Document filed by Kandas Dukas..(Sheehan, Spencer)
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Filing 2
CIVIL COVER SHEET filed..(Sheehan, Spencer)
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Filing 1
COMPLAINT against Koninklijke Luchtvaart Maatschappij, N.V.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26695936)Document filed by Kandas Dukas..(Sheehan, Spencer)
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| Plaintiff: Kandas Dukas | |
| Represented By: | Spencer Sheehan |
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| Defendant: Koninklijke Luchtvaart Maatschappij, N.V. | |
| Represented By: | Haley Dee Torrey |
| Represented By: | Keara M. Gordon |
| Represented By: | Colleen Gulliver |
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