Ellen Tracy Holdings LLC v. Daytona Apparel Group LLC
| ellen tracy holdings llc |
| Daytona Apparel Group LLC |
| 1:2023cv02957 |
| April 7, 2023 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Other Statutes: Arbitration |
| 9 U.S.C. § 9 Motion to Confirm Arbitration Award |
| None |
Docket Report
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This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.
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| NOTICE: The initial pretrial conference originally scheduled for June 5, 2023 is adjourned to July 21, 2023 at 11:00 a.m. The conference will proceed telephonically. Dial-In No.: 1-888-363-4749, Access Code: 3667981. See, Order, Docket Entry 15. (Nacanther, Florence) |
| Filing 18 LETTER addressed to Judge P. Kevin Castel from Ariel Berschadsky, Esq. dated 05/22/2023 re: Request for Order Confirming Award. Document filed by Ellen Tracy Holdings LLC..(Berschadsky, Ariel) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons and Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,. Daytona Apparel Group LLC served on 4/14/2023, answer due 5/5/2023. Service was accepted by Amy Lesch, Agent for Sec. State - NYS. Document filed by Ellen Tracy Holdings LLC..(Berschadsky, Ariel) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ellen Tracy Holdings LLC..(Berschadsky, Ariel) |
Filing 15
ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, June 5, 2023 at 12:00 p.m. Principal trial counsel shall appear at this and all subsequent conferences. For initial pretrial conferences, plaintiff(s)' counsel shall, no later than 5 business days before the conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnysdchambers@nysd.uscourts.gov. The call-in information for all teleconferences is: Dial-in: (888) 363-4749; Access Code: 3667981. And as set forth herein. SO ORDERED.Telephonic Initial Conference set for 6/5/2023 at 12:00 PM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 4/11/2023) (ama)
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| Filing 14 ELECTRONIC SUMMONS ISSUED as to Daytona Apparel Group LLC..(pc) |
| Filing 13 CIVIL COVER SHEET filed..(Berschadsky, Ariel) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate George Altirs, Other Affiliate Masoud Altirs for Ellen Tracy Holdings LLC. Document filed by Ellen Tracy Holdings LLC..(Berschadsky, Ariel) Modified on 4/10/2023 (kw). |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ariel Berschadsky. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Ariel Berschadsky to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): incorrect citizenships 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ariel Berschadsky. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 2 (Citizen of Another State); Citizenship Defendant code 1 (Citizen of This State);. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State);. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Ariel Berschadsky to RE-FILE Document No. #12 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): 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. (kw) |
| Magistrate Judge Valerie Figueredo 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Ariel Berschadsky to RE-FILE Document No. #2 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): 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. (kw) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to DAYTONA APPAREL GROUP LLC, re: #9 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,. Document filed by ellen tracy holdings llc..(Berschadsky, Ariel) |
| Filing 10 NOTICE of PETITION TO CONFIRM ARBITRATION AWARD re: #9 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,. Document filed by ellen tracy holdings llc..(Berschadsky, Ariel) |
| Filing 9 PETITION TO CONFIRM ARBITRATION..Document filed by ellen tracy holdings llc. (Attachments: #1 Exhibit Ex. A - Award of AAA Arbitrator L. Donald Prutzman, dtd 1/23/23, #2 Exhibit Ex. B - Certificate of Formation of Ellen Tracy Holdings LLC, dtd. 7/16/21, #3 Exhibit Ex. C - Certificate of Formation of Daytona Apparel Group, LLC, dtd. 4/14/20, #4 Exhibit Ex. D - Certificate of Formation of Daytona Apparel Holdings LLC, dtd. 4/17/20, #5 Exhibit Ex. E - Certificate of Formation of WB Daytona LLC, dtd. 4/17/20, #6 Exhibit Ex. F - Exclusive License between Brand Matters LLC and Daytona Apparel Group LLC, eff. 10/5/20, #7 Exhibit Ex. G - Statement of Claim filed on 6/30/22 with AAA by Ellen Tracy against Daytona, #8 Exhibit Ex. H - Notice of Appointment of Arbitrator L. Donald Prutzman, dtd. 8/25/22, #9 Exhibit Ex. I - AAA Notice of Award, dtd. 1/23/23).(Berschadsky, Ariel) |
| Filing 8 MEMORANDUM OF LAW in Support OF PETITION TO CONFIRM ARBITRAL AWARD. Document filed by ellen tracy holdings llc..(Berschadsky, Ariel) |
| Filing 7 AFFIDAVIT of SALVATORE MANCINO in Support. Document filed by ellen tracy holdings llc..(Berschadsky, Ariel) |
| Filing 6 DECLARATION of ADAM B. OPPENHEIM in Support. Document filed by ellen tracy holdings llc..(Berschadsky, Ariel) |
| Filing 5 DECLARATION of ARIEL BERSCHADSKY in Support. Document filed by ellen tracy holdings llc..(Berschadsky, Ariel) |
| Filing 4 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Berschadsky, Ariel) Modified on 4/10/2023 (pc). |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to DAYTONA APPAREL GROUP LLC, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,. Document filed by ellen tracy holdings llc..(Berschadsky, Ariel) Modified on 4/10/2023 (pc). |
| Filing 2 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - Tibor Ludovico Nagy RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ellen tracy holdings llc..(Berschadsky, Ariel) Modified on 4/10/2023 (kw) |
| Filing 1 FILING ERROR DEFICIENT PLEADING - PDF ERROR - PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-27580058).Document filed by ellen tracy holdings llc. (Attachments: #1 Exhibit Ex. A - Award of AAA Arbitrator L. Donald Prutzman, dtd 1/23/23, #2 Exhibit Ex. B - Certificate of Formation of Ellen Tracy Holdings LLC, dtd. 7/16/21, #3 Exhibit Ex. C - Certificate of Formation of Daytona Apparel Group, LLC, dtd. 4/14/20, #4 Exhibit Ex. D - Certificate of Formation of Daytona Apparel Holdings LLC, dtd. 4/17/20, #5 Exhibit Ex. E - Certificate of Formation of WB Daytona LLC, dtd. 4/17/20, #6 Exhibit Ex. F - Exclusive License between Brand Matters LLC and Daytona Apparel Group LLC, eff. 10/5/20, #7 Exhibit Ex. G - Statement of Claim filed on 6/30/22 with AAA by Ellen Tracy against Daytona, #8 Exhibit Ex. H - Notice of Appointment of Arbitrator L. Donald Prutzman, dtd. 8/25/22, #9 Exhibit Ex. I - AAA Notice of Award, dtd. 1/23/23).(Berschadsky, Ariel) Modified on 4/7/2023 (jgo). |
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| Petitioner: ellen tracy holdings llc | |
| Represented By: | Ariel Berschadsky |
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| Respondent: Daytona Apparel Group LLC | |
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