Bur-Tex Hosiery Inc v. World Tech Toys Inc et al
| Bur-Tex Hosiery Inc |
| World Tech Toys, Inc., INOV8 Marketing LLC, Jack Safdeye, David Linker and Does 1 through 10, inclusive |
| 1:2023cv03454 |
| April 25, 2023 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 7, 2024. A more recent docket listing may be available from PACER.
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Filing 89
ORDER It is hereby ORDERED that the June 21, 2023, initial pretrial conference is ADJOURNED to June 28, 2023, at 4:10 P.M. The conference will be telephonic and will take place on the following line: 888-363-4749; access code 558-3333. Initial Conference set for 6/28/2023 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 6/20/2023) (jca)
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Filing 88
LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Steven Riznyk dated June 15th, 2023 re: #80 LETTER MOTION for Conference / Request for Pre-Motion Conference addressed to Judge Lorna G. Schofield from Noah M. Weissman dated June 7, 2023. . Document filed by Bur-Tex Hosiery Inc..(Riznyk, Steven)
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Filing 87
LETTER addressed to Judge Lorna G. Schofield from Steven Riznyk and Noah M. Wiessman dated June 13th, 2023 re: Pursuant to the Court's Order dated June 2nd, 2023. Document filed by Bur-Tex Hosiery Inc. (Attachments: #1 Exhibit A - Proposed Case Management Plan, #2 Exhibit B - Previous Scheduling Worksheet).(Riznyk, Steven)
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Filing 86
NOTICE OF APPEARANCE by Steven Riznyk on behalf of Bur-Tex Hosiery Inc..(Riznyk, Steven)
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Filing 85
ORDER granting #79 Motion for Aaron M. McKown to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 84
ORDER granting #83 Motion for Stefano Riznyk to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #83 MOTION for Stefano Riznyk 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. (dsh)
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Filing 83
MOTION for Stefano Riznyk to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bur-Tex Hosiery Inc. (Attachments: #1 Affidavit of Stefano Riznyk in Support of Motion to Appear Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice).(Riznyk, Steven)
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Filing 82
MEMO ENDORSEMENT on re: #80 LETTER MOTION for Conference / Request for Pre-Motion Conference addressed to Judge Lorna G. Schofield from Noah M. Weissman dated June 7, 2023. filed by INOV8 Marketing LLC, Jack Safdeye, World Tech Toys, Inc., David Linker, ENDORSEMENT: Pursuant to Individual Rule III.C.2, the filing of Defendants Inov8 Marketing, LLC, Safdeye and Linker's pre-motion letter stays their deadline to file a responsive pleading. Plaintiff shall file a letter, not to exceed three pages, in response by June 15, 2023. So Ordered. (Signed by Judge Lorna G. Schofield on 6/8/2023) ( Responses due by 6/15/2023) (ks)
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Filing 81
AFFIDAVIT OF SERVICE of Pro Hac Vice Motion of Aaron McKown (Dkt. No. 79) and Letter (Dkt. No. 80) served on Michael J. Stiles and Steven Riznyk on June 8, 2023. Service was made by Mail. Document filed by INOV8 Marketing LLC, David Linker, Jack Safdeye, World Tech Toys, Inc...(Weissman, Noah)
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Filing 80
LETTER MOTION for Conference / Request for Pre-Motion Conference addressed to Judge Lorna G. Schofield from Noah M. Weissman dated June 7, 2023. Document filed by INOV8 Marketing LLC, David Linker, Jack Safdeye, World Tech Toys, Inc...(Weissman, Noah)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #79 MOTION for Aaron M. McKown to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-27838460. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va)
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Filing 79
MOTION for Aaron M. McKown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27838460. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by World Tech Toys, Inc.. (Attachments: #1 Affidavit of Aaron M. McKown, #2 Exhibit A Certificate of Good Standing - California, #3 Exhibit B Certificate of Good Standing - Florida, #4 Exhibit C Certificate of Good Standing - Texas, #5 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(McKown, Aaron)
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Filing 78
ORDER: The June 7, 2023 initial pretrial conference is ADJOURNED to 6/21/2023 at 04:10 PM before Judge Lorna G. Schofield. The conference will be telephonic and will take place on the following line: 888-363-4749; access code 558-3333. It is further ORDERED that, notwithstanding the previous filing by World Tech Toys, the parties shall jointly file a status letter and proposed case management plan by June 14, 2023. If any Defendant would like to file a motion to dismiss, it shall file a pre-motion letter in accordance with the Courts Individual Rules by June 7, 2023. (Signed by Judge Lorna G. Schofield on 6/2/2023) (tro)
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Filing 77
AFFIDAVIT OF SERVICE of Notice of Appearance (Dkt. No. 75) and Letter (Dkt. No. 76) served on Michael J. Stiles and Steven Riznyk on June 1, 2023. Service was made by Mail. Document filed by INOV8 Marketing LLC, David Linker, Jack Safdeye, World Tech Toys, Inc...(Weissman, Noah)
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Filing 76
LETTER addressed to Judge Lorna G. Schofield from Noah M. Weissman dated May 31, 2023 re: Pursuant to the Court's Order dated May 18, 2023. Document filed by INOV8 Marketing LLC, David Linker, Jack Safdeye, World Tech Toys, Inc...(Weissman, Noah)
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Filing 75
NOTICE OF APPEARANCE by Noah Weissman on behalf of INOV8 Marketing LLC, David Linker, Jack Safdeye..(Weissman, Noah)
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Filing 74
FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Stefano Riznyk to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bur-Tex Hosiery Inc. (Attachments: #1 Affidavit - Declaration of Stefano Riznyk in Support of Amended Motion to Appear Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order on Motion for Admission Pro Hac Vice).(Riznyk, Steven) Modified on 5/30/2023 (sgz).
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Filing 73
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Stefano Riznyk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27799322. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bur-Tex Hosiery Inc. (Attachments: #1 Affidavit of Steven Riznyk in Support of Pro Hac Vice Appearance, #2 Text of Proposed Order for Motion for Admission Pro Hac Vice).(Riznyk, Steven) Modified on 5/30/2023 (sgz).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #73 MOTION for Stefano Riznyk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27799322. 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 Supreme Court of California 415-865-7000; Affidavit Not Notarized. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #74 AMENDED MOTION for Stefano Riznyk to Appear Pro Hac Vice . 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 Supreme Court of California 415-865-7000. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz)
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Filing 72
ORDER granting #70 Letter Motion for Extension of Time. Application GRANTED. Defendants David Linker and INOV8 Marketing LLC shall file the letters described in the order issued May 18, 2023, by May 31, 2023. Defendants may file one joint letter, in lieu of separate letters. So Ordered. (Signed by Judge Lorna G. Schofield on 5/25/2023) (mml)
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Filing 71
AFFIDAVIT OF SERVICE of Letter (Dkt. No. 70) served on Aaron M. McKown, Michael J. Stiles, Steven Riznyk and Tony Jay-Lun Cheng on May 25, 2023. Service was made by Mail. Document filed by World Tech Toys, Inc...(Weissman, Noah)
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Filing 70
LETTER MOTION for Extension of Time to Respond to Order dated 5/18/2023 addressed to Judge Lorna G. Schofield from Noah M. Weissman dated 5/24/2023. Document filed by World Tech Toys, Inc...(Weissman, Noah)
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Filing 69
ORDER: It is hereby ORDERED that the May 24, 2023, initial pretrial conference is ADJOURNED to June 7, 2023, at 4:10 P.M. The conference will be telephonic and will take place on the following line: 888-363-4749; access code 558-3333. It is further ORDERED that Defendant Linker shall file a letter, by May 24, 2023, stating the facts pertinent to his citizenship for purposes of subject matter jurisdiction, as of October 17, 2022, when the Complaint was filed. It is further ORDERED that Defendant Invo 8 shall file a letter, by May 24, 2023, stating the citizenship of each of its members for purposes of subject matter jurisdiction, as of October 17, 2022. If any of those members is a limited liability entity, such as an LLC or an LLP, Invo 8 shall state that citizenship of those entities' members or limited partners. Initial Conference set for 6/7/2023 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/18/2023) (mml)
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Filing 68
AFFIDAVIT OF SERVICE of Notice of Appearance and Status Letter with Exhibits, dated 05/17/2023 served on Aaron M. McKown, Tony Jay-Lun Cheng, Michael J. Stiles, and Steven Riznyk on 05/17/2023. Service was made by FedEx Priority Overnight. Document filed by World Tech Toys, Inc...(Weissman, Noah)
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Filing 67
STATUS REPORT. Document filed by World Tech Toys, Inc.. (Attachments: #1 Exhibit 1 Proposed Case Management Plan, #2 Exhibit 2 Rule 26(f) Report).(Weissman, Noah)
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Filing 66
NOTICE OF APPEARANCE by Noah Weissman on behalf of World Tech Toys, Inc...(Weissman, Noah)
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Filing 65
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on May 24, 2023 at 4:10 p.m. The parties shall call 888-363-4749 and enter the access code 558-3333. Counsel who have noticed an appearance as of the issuance of this order are directed(i) to notify all other parties' attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules forthwith, and (ii) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must send a copy of this order and Individual Rules to that party personally. DATE AND TIME OF TELEPHONIC CONFERENCE: May 24, 2023 at 4:10 p.m. IPTC MATERIALS DUE: May 17, 2023 at noon. And as set forth herein.Telephonic Initial Conference set for 5/24/2023 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/26/2023) (ama)
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Filing 64
CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:22-cv-07547. Original file certified copy of transfer order and docket entries received.
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lorna G. Schofield. 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..(tro)
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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. (tro)
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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. (tro)
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Case Designated ECF. (tro)
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Filing 63
MINUTE ORDER DENYING Motions to Dismiss #28 , #45 and Sua Sponte TRANSFERRING Action to United States District Court, Southern District of New York by Judge Fred W. Slaughter: The court DENIES Defendants motion to dismiss this case under the doctrine of forum non conveniens. However, given Defendants motion demonstrates the parties' forum selection clause applies to Bur-Tex's claims and mandates venue in the Southern District of New York, the court sua sponte TRANSFERS this action to the United States District Court, Southern District of New York. Case transferred electronically. (MD JS-6. Case Terminated.) (jp) [Transferred from California Central on 4/25/2023.]
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Filing 62
ORDER GRANTING Second Stipulation to Extend Time for Defendant David Linker to Respond to Complaint #61 by Judge Fred W. Slaughter the following: The time for Defendant David Linker to answer, move, or otherwise respond to the Complaint in the above-captioned matter is EXTENDED to and including 5/12/2023. (jp) [Transferred from California Central on 4/25/2023.]
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Filing 61
Second STIPULATION for Extension of Time to File Answer to May 12, 2023 filed by Defendant David Linker. (Attachments: #1 Proposed Order [Proposed] Order Granting Second Stipulation to Extend Time for Defendant David Linker to Respond to Complaint)(Stiles, Michael) [Transferred from California Central on 4/25/2023.]
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Filing 60
ORDER ON PRETRIAL AND TRIAL PROCEDURES (CIVIL CASES) by Judge Fred W. Slaughter. (mku) [Transferred from California Central on 4/25/2023.]
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Filing 59
MINUTES SCHEDULING ORDER by Judge Fred W. Slaughter: The Court, having reviewed the pleadings and the parties' submissions pursuant to FRCP 26(f), VACATES the Scheduling Conference set for 4/20/2023, and sets the following schedule: Jury Trial set for 3/19/2024 at 8:30 AM. Final Pretrial Conference and Hearing on Motions in Limine set for 2/29/2024 at 8:30 AM. Last Date to Hear Motion to Amend Pleadings/Add Parties: 5/18/2023. Non-Expert Discovery Cut-Off: 11/30/2023. Last Date to Hear Motions: 2/1/2024. Deadline to Complete Settlement Conference: 12/21/2023. Motions in Limine with Proposed Orders: 2/8/2024. Joint Proposed Final Pretrial Conference Order: 2/15/2024. (See document for further information). (jp) [Transferred from California Central on 4/25/2023.]
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Filing 58
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8-10, filed by Plaintiff Bur-Tex Hosiery Inc.. (Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 57
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Miscellaneous Document #56 . The following error(s) was/were found: (1) Incorrect document is attached to the docket entry. (2) Incorrect event selected. Correct event to be used is: Joint Report Rule 26(f) Discovery Plan - under Category - Pretrial and Trial Documents. (3) Miscellaneous Document event utilized in docketing this filing. Counsel shall use the SEARCH function on the CM/ECF toolbar for events if you are unsure of the events to use. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (jp) [Transferred from California Central on 4/25/2023.]
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Filing 56
Joint Rule 26(f) Report and Discovery Plan filed by Plaintiff Bur-Tex Hosiery Inc (Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 55
SCHEDULING NOTICE by Judge Fred W. Slaughter: Before the court are Defendant's Motion to Dismiss #28 and Defendants' Motion to Dismiss #45 . The court finds these matters appropriate for decision without oral argument. See Fed. R. Civ. P. 78(b); C.D. Cal. R. 7-15. Accordingly, the hearings set for March 30, 2023, at 10:00 a.m. are VACATED/OFF CALENDAR and the court takes the matters UNDER SUBMISSION. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY [Transferred from California Central on 4/25/2023.]
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Filing 54
STIPULATION Extending Time to Answer the complaint as to David Linker answer now due 4/12/2023, filed by Defendant David Linker.(Attorney Michael J Stiles added to party David Linker(pty:dft))(Stiles, Michael) [Transferred from California Central on 4/25/2023.]
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Filing 53
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge Fred W. Slaughter. Scheduling Conference set for 4/20/2023 at 9:00 a.m. See Order for details. (mku) [Transferred from California Central on 4/25/2023.]
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Filing 52
MINUTE (IN CHAMBERS) ORDER RESETTING Defendants' Motions to Dismiss #28 #45 and VACATING Scheduling Conference by Judge Fred W. Slaughter: The court, on its own motion, hereby RESETS Defendants' Motions to Dismiss (Dkt. Nos. 28 and 45) to 3/30/2023, at 10:00 AM. Additionally, the Court hereby VACATES the Scheduling Conference set for 2/27/2023, before the Honorable John A. Kronstadt. The Court shall issue a separate Order Setting Rule 26(f) Scheduling Conference forthwith. (jp) [Transferred from California Central on 4/25/2023.]
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Filing 51
CIVIL STANDING ORDER by Judge Fred W. Slaughter. (mku) [Transferred from California Central on 4/25/2023.]
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Filing 50
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 5:21-cv-00972-FWS-KKx. Case transferred from Judge John A. Kronstadt and Magistrate Judge Alka Sagar to Judge Fred W. Slaughter and Magistrate Judge Kenly Kiya Kato for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-07547-FWS(KKx). Signed by Judge Fred W. Slaughter (dta) [Transferred from California Central on 4/25/2023.]
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Filing 49
Notice of Related Cases filed by Plaintiff Bur-Tex Hosiery Inc. (Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 48
REPLY Support NOTICE OF MOTION AND MOTION to Dismiss Case #45 Reply Memorandum in Support of Motion to Dismiss for Forum Non Conveniens filed by Defendants INOV8 Marketing LLC, Jack Safdeye. (Attachments: #1 Declaration Declaration of Michael J. Stiles in Support or Reply re Motion to Dismiss)(Stiles, Michael) [Transferred from California Central on 4/25/2023.]
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Filing 47
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #45 filed by Plaintiff Bur-Tex Hosiery Inc. (Attachments: #1 Declaration of Brent Burgess in Support of Plaintiff's Opposition to Motion to Dismiss, #2 Declaration of Wayne Burgess in Support of Plaintiff's Opposition to Motion to Dismiss, #3 Declaration of Steven Riznyk is Support of Plaintiff's Opposition to Motion to Dismiss, #4 Proposed Order)(Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 46
(IN CHAMBERS) ORDER CONTINUING MOTION TO DISMISS CASE FOR FORUM NON CONVENIENS (DKT. #28 ) by Judge John A. Kronstadt: The Court, on its own motion, continues the Motion to Dismiss (Dkt. #28 ) from February 6, 2023, at 8:30 a.m., to March 13, 2023, at 8:30 a.m., with the final time to be set when the final calendar for that date is issued. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (JAKLC2) TEXT ONLY ENTRY [Transferred from California Central on 4/25/2023.]
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Filing 45
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants INOV8 Marketing LLC, Jack Safdeye. Motion set for hearing on 3/13/2023 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration Declaration of Michael J. Stiles in Support of Defendants Inov8 Marketing LLC and Jack Safdeye's Motion to Dismiss for Forum Non Conveniens) (Stiles, Michael) [Transferred from California Central on 4/25/2023.]
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Filing 44
DEFENDANT WORLD TECH TOYS, INC.'S AMENDED REPLY IN SUPPORT OF ITS MOTION TO DISMISS FOR FORUM NON CONVENIENS re NOTICE OF MOTION AND MOTION to Dismiss Case for Forum Non Conveniens #28 filed by Defendant World Tech Toys Inc. (Attachments: #1 Declaration of Aaron M. McKown in support of Amended Reply)(McKown, Aaron) [Transferred from California Central on 4/25/2023.]
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Filing 43
ORDER RE DEFENDANT WORLD TECH TOYS, INC.'S REQUEST FOR COURT TO ACCEPT LATE- FILED ANSWER (DKT. #39 ) by Judge John A. Kronstadt. Based on a review of the Defendant World Tech Toys, Inc.'s Request for Court to Accept Late-Filed Answer sufficient good cause has been shown for the requested relief. Therefore, the Request is GRANTED, as follows: The deadline for Defendant World Tech Toys, Inc. to answer the Complaint is extended by one day, rendering this Defendant's answer timely. Any failure to act on Defendant's part was the result of excusable neglect. IT IS SO ORDERED. (yl) [Transferred from California Central on 4/25/2023.]
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Filing 42
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case for Forum Non Conveniens #28 filed by Defendant World Tech Toys Inc. (McKown, Aaron) [Transferred from California Central on 4/25/2023.]
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Filing 41
WAIVER OF SERVICE Returned Executed filed by plaintiff Bur-Tex Hosiery Inc. upon David Linker waiver sent by Plaintiff on 1/12/2023, answer due 3/13/2023. Waiver of Service signed by Michael J. Stiles. (Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 40
OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case for Forum Non Conveniens #28 filed by Plaintiff Bur-Tex Hosiery Inc. (Attachments: #1 Declaration of Brent Burgess in Support of Plaintiff's Opposition to Motion to Dismiss for Forum Non Conveniens, #2 Declaration of Wayne Burgess in Support of Plaintiff's Opposition to Motion to Dismiss for Forum Non Conveniens, #3 Proposed Order Denying Defendant World Tech Toys, Inc.'s Motion to Dismiss for Forum Non Conveniens)(Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 39
STATEMENT of Timeliness of Defendant World Tech Toys, Inc.'s Answer and Request for Court to Accept Late-Filed Answer NOTICE OF MOTION AND MOTION to Strike Answer to Complaint (Attorney Civil Case Opening) #26 , NOTICE OF MOTION AND MOTION to Dismiss Case for Forum Non Conveniens #28 #32 filed by Defendant World Tech Toys Inc. (Attachments: #1 Declaration of Aaron M. McKown in support of Defendant World Tech Toys, Inc.'s Statement regarding Timeliness of Answer and Request for Court to Accept Late-Filed Answer, #2 Declaration of Kevork Kouyoumjian in support of Defendant World Tech Toys, Inc.'s Statement regarding Timeliness of Answer and Request for Court to Accept Late-Filed Answer)(McKown, Aaron) [Transferred from California Central on 4/25/2023.]
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Filing 38
FOR COURT USE ONLY: STATISTICAL CORRECTION denying #32 re #36 . (yl) [Transferred from California Central on 4/25/2023.]
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Filing 37
NOTICE of Interested Parties filed by Defendant World Tech Toys Inc, identifying WORLD TECH TOYS, INC., INOV 8 MARKETING LLC, JACK SAFDEYE, DAVID LINKER and BUR-TEX HOSIERY, INC.. (McKown, Aaron) [Transferred from California Central on 4/25/2023.]
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Filing 35
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Amended Answer to Complaint #34 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. Other error(s) with document(s): Counsel shall file the notice on or before 1/7/2023. Failure to file the notice may result in the document being stricken. (yl) [Transferred from California Central on 4/25/2023.]
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Filing 36
ORDER RE PLAINTIFF'S MOTION TO STRIKE DEFENDANT WORLD TECH TOYS' ANSWER AND MOTION TO DISMISS (DKT. 32) by Judge John A. Kronstadt. Plaintiff shall file an Opposition to WTTs Motion to Dismiss on or before January 13, 2023. WTT may file a reply brief in support of its Motion on or before January 20, 2023. The hearing on the Motion to Dismiss remains set for February 6, 2023 with the precise time for the hearing to be set upon the issuance of the final calendar for that date; provided, however, based upon a review of the briefing on the Motion to Dismiss, it may determined that it can be decided without oral argument, and taken under submission prior to the date of the hearing. IT IS SO ORDERED. (See document for further details) (yl) [Transferred from California Central on 4/25/2023.]
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Filing 34
AMENDED ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES filed by Defendant World Tech Toys Inc. (McKown, Aaron) [Transferred from California Central on 4/25/2023.]
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Filing 33
STIPULATION Extending Time to Answer the complaint as to Jack Safdeye answer now due 1/20/2023; INOV8 Marketing LLC answer now due 1/20/2023, filed by Defendants Jack Safdeye; INOV8 Marketing LLC.(Attorney Michael J Stiles added to party INOV8 Marketing LLC(pty:dft), Attorney Michael J Stiles added to party Jack Safdeye(pty:dft))(Stiles, Michael) [Transferred from California Central on 4/25/2023.]
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Filing 32
NOTICE OF MOTION AND MOTION to Strike Answer to Complaint (Attorney Civil Case Opening) #26 , NOTICE OF MOTION AND MOTION to Dismiss Case for Forum Non Conveniens #28 filed by plaintiff Bur-Tex Hosiery Inc. Motion set for hearing on 2/27/2023 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Steven Riznyk) (Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 31
PROOF OF SERVICE Executed by Plaintiff Bur-Tex Hosiery Inc, upon Defendant Jack Safdeye served on 12/2/2022, answer due 12/23/2022. Service of the Summons and Complaint were executed upon Stacey Malliet, person in charge in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Attachments: #1 Declaration of Mailing)(Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 30
PROOF OF SERVICE Executed by Plaintiff Bur-Tex Hosiery Inc, upon Defendant World Tech Toys Inc served on 11/10/2022, answer due 12/1/2022. Service of the Summons and Complaint were executed upon Alan Koeoglu, Manager in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 29
NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Bur-Tex Hosiery Inc, upon Defendant INOV8 Marketing LLC acknowledgment sent by Plaintiff on 12/8/2022, answer due 12/29/2022. Acknowledgment of Service signed by Michael J. Stiles, Attorneys for INOV8 Marketing LLC. (Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 28
NOTICE OF MOTION AND MOTION to Dismiss Case for Forum Non Conveniens filed by Defendant World Tech Toys Inc. Motion set for hearing on 2/6/2023 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Aaron M. McKown in support of Motion to Dismiss for Forum Non Conveniens) (McKown, Aaron) [Transferred from California Central on 4/25/2023.]
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Filing 27
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by 2/17/2023. (tj) [Transferred from California Central on 4/25/2023.]
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Filing 26
ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendant World Tech Toys Inc.(Attorney Aaron M McKown added to party World Tech Toys Inc(pty:dft))(McKown, Aaron) [Transferred from California Central on 4/25/2023.]
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Filing 25
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant World Tech Toys Inc. (shb) [Transferred from California Central on 4/25/2023.]
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Filing 24
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant INOV8 Marketing LLC. (shb) [Transferred from California Central on 4/25/2023.]
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Filing 23
Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,, #21 filed by plaintiff Bur-Tex Hosiery Inc. (Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 22
Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,, #21 filed by plaintiff Bur-Tex Hosiery Inc. (Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 21
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #16 , Summons Request #17 . The following error(s) was found: The case number and/or judge(s)initials are incorrect. The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. Please add Judge's initials next to case no. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lom) [Transferred from California Central on 4/25/2023.]
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Filing 20
NOTICE OF CLERICAL ERROR: Due to clerical error Re: Summons Issued #18 , Summons Issued #19 . Duplicate documents of summons issued. Document no. 19 is a duplicate of document no. 18. Also, documents were issued in error. Notice of deficiencies on summons to be issued. (lom) [Transferred from California Central on 4/25/2023.]
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Filing 19
Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant World Tech Toys Inc. (yl) [Transferred from California Central on 4/25/2023.]
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Filing 18
21 DAY Summons Issued re Complaint #1 as to Defendant World Tech Toys Inc. (yl) Modified on 11/7/2022 (lom). [Transferred from California Central on 4/25/2023.]
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Filing 17
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 , Notice of Deficiency in Request to Issue Summons, #15 filed by Plaintiff Bur-Tex Hosiery Inc. (Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 16
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 , Notice of Deficiency in Request to Issue Summons, #12 filed by Plaintiff Bur-Tex Hosiery Inc. (Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 15
NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The summons should specify "INOV8 MARKETING LLC, a New York limited liability company". The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (yl) [Transferred from California Central on 4/25/2023.]
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Filing 14
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant David Linker. (yl) [Transferred from California Central on 4/25/2023.]
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Filing 13
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Jack Safdeye. (yl) [Transferred from California Central on 4/25/2023.]
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Filing 12
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #8 . The following error(s) was found: The summons much match the Complaint. **WORLD TECH TOYS, INC., a California corporation**. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (yl) [Transferred from California Central on 4/25/2023.]
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Filing 11
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Bur-Tex Hosiery Inc. (Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 10
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Bur-Tex Hosiery Inc. (Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 9
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Bur-Tex Hosiery Inc. (Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 8
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Bur-Tex Hosiery Inc. (Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 7
STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (hc) [Transferred from California Central on 4/25/2023.]
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Filing 6
NOTICE of Interested Parties filed by Plaintiff Bur-Tex Hosiery Inc, identifying Bur-Tex Hosiery, Inc.. (Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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Filing 5
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. Attachment(s): # 2 Civil Cover Sheet Civil Cover should not have been attached to Docket Entry No. #1 The document(s) should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (sh) [Transferred from California Central on 4/25/2023.]
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Filing 4
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) [Transferred from California Central on 4/25/2023.]
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Filing 3
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) [Transferred from California Central on 4/25/2023.]
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Filing 2
NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Alka Sagar. (sh) [Transferred from California Central on 4/25/2023.]
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Filing 1
COMPLAINT Receipt No: ACACDC-34163604 - Fee: $402, filed by Plaintiff Bur-Tex Hosiery Inc. (Attachments: #1 Exhibit Exhibits, #2 Civil Cover Sheet Civil Cover) (Attorney Steven Riznyk added to party Bur-Tex Hosiery Inc(pty:pla))(Riznyk, Steven) [Transferred from California Central on 4/25/2023.]
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