Binh Thanh Import Export Production & Trade Joint Stock Co. v. Amazon.com Services LLC
| BINH THANH IMPORT EXPORT PRODUCTION & TRADE JOINT STOCK CO., D/B/A GILIMEX, INC. and Binh Thanh Import Export Production & Trade Joint Stock Co. doing business as Gilimex |
| AMAZON.COM SERVICES LLC, D/B/A AMAZON ROBOTICS and Amazon.com Services LLC doing business as Amazon Robotics |
| 1:2023cv00292 |
| January 12, 2023 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Both |
Docket Report
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This docket was last retrieved on February 6, 2024. A more recent docket listing may be available from PACER.
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Filing 31
STIPULATION AND ORDER REGARDING ELECTRONIC DISCOVERY PROTOCOL: Plaintiff Binh Thanh Import Export Production & Trade Joint Stock Co., d/b/a Gilimex, Inc. ("Gilimex") and defendant Amazon.com Services LLC ("Amazon;" together with Gilimex, the "Parties"), by their respective counsel, hereby agree to this stipulated agreement regarding protocol for electronically stored information and respectfully request that the Court enter an Order approving the same. As further set forth by this Order. As stated in the Order denying a stay of discovery at Dkt. No. 30, the parties shall meet and confer in an effort to agree on a reasonable scope of discovery and to narrow or resolve any disputes before seeking court intervention on individual discovery requests. So Ordered. (Signed by Judge Lorna G. Schofield on 3/6/2023) (tg)
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Filing 30
ORDER denying #28 Letter Motion for Conference re: #28 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Alan B. Howard dated March 2, 2023. Defendant's request for a stay of discovery is DENIED. The parties shall meet and confer in an effort to agree on a reasonable scope of discovery and to narrow or resolve any disputes before seeking court intervention on individual discovery requests.. (Signed by Judge Lorna G. Schofield on 3/3/2023) (ks)
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Filing 29
PROPOSED STIPULATION AND ORDER. Document filed by Binh Thanh Import Export Production & Trade Joint Stock Co...(Filusch, Edward)
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Filing 28
LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Alan B. Howard dated March 2, 2023. Document filed by Amazon.com Services LLC..(Howard, Alan)
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Filing 27
MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss Complaint. . Document filed by Amazon.com Services LLC..(Howard, Alan)
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Filing 26
MOTION to Dismiss Complaint. Document filed by Amazon.com Services LLC..(Howard, Alan)
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Filing 25
STIPULATION AND CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lorna G. Schofield on 2/21/2023) (rro)
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Filing 24
PROPOSED STIPULATION AND ORDER. Document filed by Binh Thanh Import Export Production & Trade Joint Stock Co...(Filusch, Edward)
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Set/Reset Deadlines: Expert Discovery due by 10/20/2023. (ks)
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Filing 23
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). This case is to be tried to a jury. Amended Pleadings due by 3/31/2023. Joinder of Parties due by 3/31/2023. Deposition due by 9/6/2023. Expert Discovery due by 10/20/2023. Fact Discovery due by 9/6/2023. Telephone Conference set for 11/8/2023 at 04:20 PM before Judge Lorna G. Schofield. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. Counsel for the parties have conferred and their present best estimate of the length of trialis two weeks. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/3/2023) (ks) Modified on 3/2/2023 (ks).
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Filing 22
ORDER: It is hereby ORDERED that the February 8, 2023, initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 2/3/2023) (ks)
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Filing 21
MEMO ENDORSEMENT on re: #20 Letter, filed by Binh Thanh Import Export Production & Trade Joint Stock Co., ENDORSEMENT: The parties shall file a jointly proposed confidentiality order by February 17, 2023, and a jointly proposed protocol governing other discovery issues by March 3, 2023. Defendant shall file its proposed motion to dismiss by February 24, 2023. Plaintiff shall file its opposition by March 24, 2023. Defendant shall file its reply by April 5, 2023. So Ordered. (Signed by Judge Lorna G. Schofield on 2/3/2023) ( Motions due by 2/24/2023., Replies due by 4/5/2023., Responses due by 3/24/2023) (ks)
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Filing 20
JOINT LETTER addressed to Judge Lorna G. Schofield from Marc E. Kasowitz dated February 2, 2023 re: Proposed Case Management Plan and Scheduling Order. Document filed by Binh Thanh Import Export Production & Trade Joint Stock Co.. (Attachments: #1 Exhibit - Proposed Civil Case Management Plan & Scheduling Order).(Kasowitz, Marc)
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Filing 19
LETTER REPLY to Response to Motion addressed to Judge Lorna G. Schofield from Alan B. Howard dated February 1, 2023 re: #8 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Alan B. Howard dated January 19, 2023. . Document filed by Amazon.com Services LLC..(Howard, Alan)
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Filing 18
MEMO ENDORSEMENT on re: #17 Response to Motion, filed by Binh Thanh Import Export Production & Trade Joint Stock Co. ENDORSEMENT: Defendant shall file a reply, not to exceed three pages, by February 1, 2023. That letter shall propose a revised briefing schedule that results in the motion being fully briefed no more than sixty days after the motion is filed, pursuant to the Court's Individual Rule III.B.4, or explain why additional time is required for this motion. The pre-motion conference scheduled for March 15, 2023, is rescheduled to February 8, 2023, at 4:20 P.M., and the deadline for the parties to file the joint letter and proposed civil case management plan and scheduling order in advance of that conference is rescheduled to February 2, 2023, at noon. So Ordered. (Pre-Motion Conference set for 2/8/2023 at 04:20 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 1/27/2023) (mml)
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Filing 17
LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Marc E. Kasowitz dated January 26, 2023 re: #8 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Alan B. Howard dated January 19, 2023. . Document filed by Binh Thanh Import Export Production & Trade Joint Stock Co...(Kasowitz, Marc)
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Filing 16
DEMAND for Trial by Jury. Document filed by Binh Thanh Import Export Production & Trade Joint Stock Co..(Kasowitz, Marc)
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Filing 15
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Binh Thanh Import Export Production & Trade Joint Stock Co...(Kasowitz, Marc)
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Filing 14
NOTICE OF APPEARANCE by Marc E. Kasowitz on behalf of Binh Thanh Import Export Production & Trade Joint Stock Co...(Kasowitz, Marc)
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Filing 13
NOTICE OF APPEARANCE by Victor J Brienza on behalf of Binh Thanh Import Export Production & Trade Joint Stock Co...(Brienza, Victor)
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Filing 12
NOTICE OF APPEARANCE by Jonathan Pryor on behalf of Binh Thanh Import Export Production & Trade Joint Stock Co...(Pryor, Jonathan)
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Filing 11
NOTICE OF APPEARANCE by Edward Elliott Filusch on behalf of Binh Thanh Import Export Production & Trade Joint Stock Co...(Filusch, Edward)
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Filing 10
ORDER: The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. 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. As further set forth by this Order. Initial Conference set for 3/15/2023 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/25/2023) (tg)
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Filing 9
MEMO ENDORSEMENT: on re: #8 LETTER MOTION for Conference. addressed to Judge Lorna G. Schofield from Alan B. Howard dated January 19, 2023 filed by Amazon.com Services LLC. ENDORSEMENT: By January 26, 2023, Plaintiff shall file a responsive letter, not to exceed three pages. SO ORDERED., ( Responses due by 1/26/2023) (Signed by Judge Lorna G. Schofield on 1/20/2023) (ama)
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Filing 8
LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Alan B. Howard dated January 19, 2023. Document filed by Amazon.com Services LLC..(Howard, Alan)
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Filing 7
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Amazon.Com, Inc. for Amazon.com Services LLC. Document filed by Amazon.com Services LLC..(Howard, Alan)
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Filing 6
NOTICE OF APPEARANCE by Evelyn Yue Pang on behalf of Amazon.com Services LLC..(Pang, Evelyn)
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Filing 5
NOTICE OF APPEARANCE by Margaret Winterkorn Meyers on behalf of Amazon.com Services LLC..(Meyers, Margaret)
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Filing 4
NOTICE OF APPEARANCE by Adam Ross Mandelsberg on behalf of Amazon.com Services LLC..(Mandelsberg, Adam)
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NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Analisa Torres is no longer assigned to the case. (vba)
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Filing 3
CERTIFICATE OF SERVICE of Defendant's Notice of Removal with Exhibits A and B, Civil Cover Sheet, Individual Practices in Civil Cases of Analisa Torres, United States District Judge and SDNY Electronic Filing Rules served on Plaintiff on January 13, 2023. Service was made by Overnight Mail. Document filed by Amazon.com Services LLC..(Howard, Alan)
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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. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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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Case Designated ECF. (pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alan B. Howard. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alan B. Howard. The party information for the following party/parties has been modified: AMAZON.COM SERVICES LLC, D/B/A AMAZON ROBOTICS, BINH THANH IMPORT EXPORT PRODUCTION & TRADE JOINT STOCK CO., D/B/A GILIMEX, INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted; DO NOT TYPE ALL PARTY NAMES IN ALL CAPS. (pc)
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Filing 2
CIVIL COVER SHEET filed..(Howard, Alan)
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Filing 1
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 654794/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-27197481).Document filed by AMAZON.COM SERVICES LLC, D/B/A AMAZON ROBOTICS. (Attachments: #1 Exhibit A - Summons and Complaint filed in the New York Supreme Court, New York County, #2 Exhibit B - Affidavit of Service of the Summons and Complaint filed in the New York Supreme Court, New York County).(Howard, Alan)
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| Plaintiff: BINH THANH IMPORT EXPORT PRODUCTION & TRADE JOINT STOCK CO., D/B/A GILIMEX, INC. | |
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| Plaintiff: Binh Thanh Import Export Production & Trade Joint Stock Co. doing business as Gilimex | |
| Represented By: | Marc E. Kasowitz |
| Represented By: | Edward Elliott Filusch |
| Represented By: | Jonathan Pryor |
| Represented By: | Victor J Brienza |
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| Defendant: AMAZON.COM SERVICES LLC, D/B/A AMAZON ROBOTICS | |
| Represented By: | Alan B. Howard |
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| Defendant: Amazon.com Services LLC doing business as Amazon Robotics | |
| Represented By: | Adam Ross Mandelsberg |
| Represented By: | Evelyn Yue Pang |
| Represented By: | Margaret Winterkorn Meyers |
| Represented By: | Alan B. Howard |
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