Komorek et al v. Conflict International, Inc. et al
| Stephen Komorek and API International Consulting Group, Inc. |
| Conflict International, Inc., Michael LaCorte and Andrew McLaren |
| 1:2022cv09467 |
| November 4, 2022 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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| Filing 49 REPLY MEMORANDUM OF LAW in Support re: #44 MOTION to Dismiss . . Document filed by Conflict International, Inc., Andrew McLaren..(Bearden, James) |
Filing 48
STIPULATED MOTION TO EXTEND TIME FOR REPLY IN FURTHER SUPPORT OF MOTION TO DISMISS: Defendants Conflict International Inc. and Andrew McLaren (collectively the "Defendants") and Plaintiffs Stephen Komorek and API International Consulting Group Inc. (collectively the "Plaintiffs"), by and through undersigned counsel, respectfully stipulate to an extension of time for Defendants to file their reply in further support of the motion to dismiss. The Parties have agreed that Defendants may file the reply in this matter on or before: May 12, 2023. A brief extension of the above-mentioned deadlines will not prejudice any party or affect any hearing. This request is submitted in good faith and not solely for purposes of delay. A Proposed Order is submitted herewith for the Court's approval. SO ORDERED. (Replies due by 5/12/2023.) (Signed by Judge Edgardo Ramos on 4/25/2023) (kv)
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| Filing 47 PROPOSED STIPULATION AND ORDER. Document filed by Conflict International, Inc., Andrew McLaren..(Mule', Ashley) |
| Filing 46 MEMORANDUM OF LAW in Opposition re: #44 MOTION to Dismiss . . Document filed by Stephen Komorek..(Klein, Alexander) |
| Filing 45 MEMORANDUM OF LAW in Support re: #44 MOTION to Dismiss . . Document filed by Conflict International, Inc., Michael LaCorte, Andrew McLaren. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Bearden, James) |
| Filing 44 MOTION to Dismiss . Document filed by Conflict International, Inc., Michael LaCorte, Andrew McLaren. Responses due by 4/19/2023.(Bearden, James) |
| Filing 43 MEMORANDUM OF LAW in Support re: #42 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Michael LaCorte. (Attachments: #1 Exhibit A).(Bearden, James) |
| Filing 42 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Michael LaCorte. Responses due by 4/19/2023.(Bearden, James) |
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Filing 41
ORDER: denying as moot #30 Motion to Dismiss. For the reasons set forth on the record, Defendants' pending motion to dismiss is denied as moot. Doc. 30. As set forth on the record, the renewed motion to dismiss shall be filed by March 29, 2023; the response in opposition shall be filed by April 19, 2023; and the reply in further support of the motion shall be filed by April 26, 2023. The Clerk of Court is respectfully directed to terminate the motion. Doc. 30. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 3/08/2023) (ama)
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| Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 3/8/2023 by telephone. Counsel for Plaintiffs and Defendants, present. The pending motion to dismiss, doc. 30, is terminated as moot. In both actions, 22-cv-9467 and 22-cv-10177, Defendants are granted leave to file a motion to dismiss with the following briefing schedule: moving papers due March 29, 2023; response due April 19, 2023, and reply due April 26, 2023. (jar) |
| Set/Reset Deadlines: Motions due by 3/29/2023. Responses due by 4/19/2023 Replies due by 4/26/2023. (ama) |
| Filing 40 AMENDED COMPLAINT amending #1 Complaint, against Conflict International, Inc., Michael LaCorte, Andrew McLaren with JURY DEMAND.Document filed by Stephen Komorek, API International Consulting Group, Inc.. Related document: #1 Complaint,. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Amended Complaint (Redlined)).(Klein, Alexander) |
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Filing 39
ORDER granting #37 Letter Motion for Conference. A pre-motion conference will be held on March 8, 2023 at 10:00 AM by telephone. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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| Filing 38 LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Alexander Klein, Esq. dated February 22, 2023 re: #37 LETTER MOTION for Conference to file Motion to Dismiss 12(b)(2), 12(b)(5), and 12(b)(6) addressed to Judge Edgardo Ramos from Ashley Mule' dated 02/16/2023. . Document filed by Stephen Komorek..(Klein, Alexander) |
| Filing 37 LETTER MOTION for Conference to file Motion to Dismiss 12(b)(2), 12(b)(5), and 12(b)(6) addressed to Judge Edgardo Ramos from Ashley Mule' dated 02/16/2023. Document filed by Michael LaCorte..(Mule', Ashley) |
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Filing 36
ORDER granting #34 Letter Motion to Seal Exhibit C of Defendants' Memorandum in Support of their Motion to Dismiss is granted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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| Filing 35 ***SELECTED PARTIES***NOTICE of Exhibit C - WAD complaint re: #34 LETTER MOTION to Seal addressed to Judge Edgardo Ramos from ASHLEY MULE' dated 02/13/2023., #31 Memorandum of Law in Support of Motion,. Document filed by Conflict International, Inc., Andrew McLaren, API International Consulting Group, Inc., Stephen Komorek. (Attachments: #1 Exhibit C-2)Motion or Order to File Under Seal: #34 .(Mule', Ashley) |
| Filing 34 LETTER MOTION to Seal addressed to Judge Edgardo Ramos from ASHLEY MULE' dated 02/13/2023. Document filed by Conflict International, Inc., Andrew McLaren. (Attachments: #1 Exhibit C).(Mule', Ashley) |
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Filing 33
ORDER granting #27 Motion for James Wesley Bearden to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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| Filing 32 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #35) ***SELECTED PARTIES***NOTICE of Exhibit C - WAD complaint. Document filed by Conflict International, Inc., Andrew McLaren, API International Consulting Group, Inc., Stephen Komorek. Motion or Order to File Under Seal: #31 .(Mule', Ashley) Modified on 2/15/2023 (kj). As per email request dated Tuesday, 2/14/2023 @ 2:03 PM - |
| Filing 31 MEMORANDUM OF LAW in Support re: #30 MOTION to Dismiss . . Document filed by Conflict International, Inc., Andrew McLaren. (Attachments: #1 Exhibit A - accounting complaint, #2 Exhibit B - May Defamation).(Mule', Ashley) |
| Filing 30 MOTION to Dismiss . Document filed by Conflict International, Inc., Andrew McLaren. Responses due by 3/16/2023.(Mule', Ashley) |
| Filing 29 SUMMONS RETURNED EXECUTED. Michael LaCorte served on 1/27/2023, answer due 3/28/2023. Service was made by Mail. Document filed by Stephen Komorek..(Klein, Alexander) |
| Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 1/19/2023 by telephone. Plaintiffs' and Defendants' counsel present. Defendants are granted leave to file a motion to dismiss with the following briefing schedule: moving papers due February 9, 2023; opposition due March 16, 2023; and reply due March 23, 2023. (jar) |
| Filing 28 NOTICE OF APPEARANCE by Christopher Roesch Neff on behalf of Conflict International, Inc., Andrew McLaren..(Neff, Christopher) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for James Wesley Bearden 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. (sac) |
| Filing 27 MOTION for James Wesley Bearden to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Conflict International, Inc., Andrew McLaren. (Attachments: #1 Affidavit Attorney Affidavit, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Exhibit Certificate of Good Standing, #5 Text of Proposed Order Proposed Order).(Bearden, James) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #25 MOTION for James Wesley Bearden to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27204239. 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 the Supreme Court of the following: Louisiana, STexas and District of Columbia. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct certificates of good standing (NOT STATE BAR) - attach valid Certificates of Good Standing issued within the past 30 days. (sac) |
| Filing 26 LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Alexander Klein dated January 16, 2023 re: #21 LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Andrew McLaren, Conflict International Inc. dated 01/03/2023. . Document filed by API International Consulting Group, Inc., Stephen Komorek..(Klein, Alexander) |
| Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY MOTION for James Wesley Bearden to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27204239. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Conflict International, Inc., Andrew McLaren. (Attachments: #1 Affidavit Attorney Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Bearden, James) Modified on 1/17/2023 (sac). |
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Filing 24
ORDER: granting #23 Letter Motion for Extension of Time to File Response/Reply re #23 LETTER MOTION for Extension of Time to File Response/Reply as to 22 Order on Motion for Conference, addressed to Judge Edgardo Ramos from Alexander Klein dated 1/11/2023. The request is granted. Plaintiff may file the responsive letter on or before January 16, 2023. SO ORDERED. (Signed by Judge Edgardo Ramos on 1/11/2023) (ama)
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| Filing 23 LETTER MOTION for Extension of Time to File Response/Reply as to 22 Order on Motion for Conference, addressed to Judge Edgardo Ramos from Alexander Klein dated 1/11/2023. Document filed by API International Consulting Group, Inc., Stephen Komorek..(Klein, Alexander) |
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Filing 22
ORDER granting #21 Letter Motion for Conference. A pre-motion conference will be held on January 19, 2023 at 10:30 AM by telephone. Plaintiffs are directed to respond by January 13, 2023. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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| Filing 21 LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Andrew McLaren, Conflict International Inc. dated 01/03/2023. Document filed by Conflict International, Inc., Andrew McLaren..(Mule', Ashley) |
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Filing 20
ORDER granting #16 Motion for Ashley Mule' to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Conflict International, LTD. for Conflict International, Inc.. Document filed by Conflict International, Inc...(Mule', Ashley) |
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Filing 18
STIPULATION EXTENSION OF TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED, by and between the undersigned counsel on for Plaintiffs STEPHEN KOMOREK AND API CONSULTING GROUP, INC. and defendants CONFLICT INTERNATIONAL, INC. and ANDREW MCLAREN that the deadline for defendants CONFLICT INTERNATIONAL, INC. and ANDREW MCLAREN to Answer, move or otherwise respond to the Complaint in the above-referenced action shall be extended through and including January 9, 2023. SO ORDERED., Conflict International, Inc. answer due 1/9/2023; Andrew McLaren answer due 1/9/2023. (Signed by Judge Edgardo Ramos on 12/30/2022) (ama)
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| Filing 17 PROPOSED STIPULATION AND ORDER. Document filed by Conflict International, Inc., Andrew McLaren..(Mule', Ashley) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Ashley Mule' to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27112813. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 16 MOTION for Ashley Mule' to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27112813. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Andrew McLaren. (Attachments: #1 Affidavit ATTORNEY AFFIDAVIT, #2 Exhibit CERTIF. OF GOOD STANDING, #3 Text of Proposed Order PROPOSED ORDER).(Mule', Ashley) |
| Filing 15 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Andrew McLaren served on 11/18/2022, answer due 12/9/2022. Service was accepted by Golden McLaren (Father). Document filed by Stephen Komorek; API International Consulting Group, Inc...(Klein, Alexander) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Conflict International, Inc.. (sj) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to CONFLICT INTERNATIONAL INC., re: #1 Complaint,. Document filed by API International Consulting Group, Inc., Stephen Komorek..(Klein, Alexander) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Andrew McLaren..(pc) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Michael LaCorte..(pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alexander Robert Klein to RE-FILE Document No. #8 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name contains a typo;. 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) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to ANDREW McLAREN, re: #1 Complaint,. Document filed by API International Consulting Group, Inc., Stephen Komorek..(Klein, Alexander) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to MICHAEL LACORTE, re: #1 Complaint,. Document filed by API International Consulting Group, Inc., Stephen Komorek..(Klein, Alexander) |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to CONFLICT INTERNATIONAL INC., re: #1 Complaint,. Document filed by API International Consulting Group, Inc., Stephen Komorek..(Klein, Alexander) Modified on 11/9/2022 (pc). |
| Filing 7 CIVIL COVER SHEET filed..(Klein, Alexander) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alexander Robert Klein. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:704; Nature of Suit code 440 (Civil Rights: Other); Citizenship Defendant code 1 (Citizen of This State); Dollar Demand $7,500,000,000; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Nature of Suit code has been modified to 790 (Labor: Other); the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Dollar Demand has been modified to none; the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Alexander Robert Klein to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; multiple Citizenship Defendant codes were selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alexander Robert Klein. The party information for the following party/parties has been modified: Stephen Komorek; API International Consulting Group, Inc.; Conflict International, Inc.; Michael LaCorte; Andrew McLaren. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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..(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Sarah L. Cave 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alexander Robert Klein to RE-FILE Document No. #4 Request for Issuance of Summons, #6 Request for Issuance of Summons, #5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the PDF case caption must contain all of the party names. If all of the party names do not fit, include 'et al';. 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. (jgo) |
| Filing 6 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Andrew McLaren, re: #1 Complaint,. Document filed by API International Consulting Group, Inc., Stephen Komorek..(Klein, Alexander) Modified on 11/7/2022 (jgo). |
| Filing 5 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Michael LaCorte, re: #1 Complaint,. Document filed by API International Consulting Group, Inc., Stephen Komorek..(Klein, Alexander) Modified on 11/7/2022 (jgo). |
| Filing 4 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Conflict International, Inc., re: #1 Complaint,. Document filed by API International Consulting Group, Inc., Stephen Komorek..(Klein, Alexander) Modified on 11/7/2022 (jgo). |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by API International Consulting Group, Inc., Stephen Komorek..(Klein, Alexander) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Klein, Alexander) Modified on 11/7/2022 (jgo). |
| Filing 1 COMPLAINT against Conflict International, Inc., Michael LaCorte, Andrew McLaren. (Filing Fee $ 402.00, Receipt Number ANYSDC-26921219)Document filed by Stephen Komorek, API International Consulting Group, Inc.. (Attachments: #1 Exhibit A).(Klein, Alexander) |
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