OEC Freight (NY), Inc. v. Don Smith & Associates, Inc. et al
| OEC Freight (NY), Inc. doing business as OEC Group |
| Don Smith & Associates, Inc. doing business as Express Office Furniture and Storlie Furniture Distributors, LLC doing business as Storlie Furniture Group |
| 1:2023cv06299 |
| July 20, 2023 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 MEMO ENDORSEMENT on re: #14 Letter, filed by OEC Freight (NY), Inc. ENDORSEMENT: Plaintiffs request is GRANTED. Plaintiff is directed to file the amended complaint by September 21, 2023. In light of Plaintiffs intention to amend the complaint, Defendants' motion for a pre-motion conference at ECF No. 8 is DENIED without prejudice to renewal. If, after reviewing the amended complaint, Defendants still intend to move to dismiss, they may file a letter by October 5, 2023 proposing a briefing schedule for the motion. No pre-motion conference letter is required. ( Amended Pleadings due by 9/21/2023.) (Signed by Judge Andrew L. Carter, Jr on 9/8/2023) (ate) |
| Filing 14 LETTER addressed to Judge Andrew L. Carter, Jr. from Eva-Maria Mayer dated September 6, 2023 re: the Court's August 30, 2023 Order (Dkt. 13) seeking leave to file an amended complaint. Document filed by OEC Freight (NY), Inc...(Mayer, Eva-Maria) |
Filing 13
ORDER: The Court is in receipt of Defendant Storlie Furniture Distributors LLC's ("Storlie") motion for a pre-motion conference for leave to file a motion to dismiss (ECF No. 8) and Plaintiff's response (ECF No. 9). Plaintiff is directed to file a letter by September 6, 2023 indicating whether it would like to seek leave to file an amended complaint to address Defendant Storlie's arguments for dismissal raised in its letter. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/30/2023) (tg)
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| Filing 12 ELECTRONIC SUMMONS ISSUED as to Don Smith & Associates, Inc.. (vf) |
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Filing 11
ORDER granting #10 Letter Motion for Leave to File Document. The Clerk of Court is respectfully directed to to issue summons directed to Defendant Don Smith& Associates, Inc. d/b/a Express Office Furniture (see ECF No. 7). SO ORDERED.. (Signed by Judge Andrew L. Carter, Jr on 8/30/2023) (jca) Transmission to Civil Case Openings Clerk for processing.
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| Filing 10 LETTER MOTION for Leave to File Request for Issuance of Summons for removed case from the Supreme Court of the State of New Your County of New York addressed to Judge Andrew L. Carter, Jr. from Eva-Maria Mayer dated August 24, 2023. Document filed by OEC Freight (NY), Inc...(Mayer, Eva-Maria) |
| Filing 9 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Eva-Maria Mayer dated August 15, 2023 re: #8 LETTER MOTION for Conference pursuant to Rule 2(A) addressed to Judge Andrew L. Carter, Jr. from Brian D. Hail dated August 10, 2023. . Document filed by OEC Freight (NY), Inc...(Mayer, Eva-Maria) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Eva-Maria Mayer to RE-FILE Document No. #7 The filing is deficient for the following reason(s): Summons not linked to Corresponding Pleading. 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. (vf) |
| Filing 8 LETTER MOTION for Conference pursuant to Rule 2(A) addressed to Judge Andrew L. Carter, Jr. from Brian D. Hail dated August 10, 2023. Document filed by Storlie Furniture Distributors, LLC..(Hail, Brian) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to DON SMITH & ASSOCIATES, INC., d/b/a EXPRESS OFFICE FURNITURE, re: Complaint. Document filed by OEC Freight (NY), Inc...(Mayer, Eva-Maria) Modified on 8/11/2023 (vf). Modified on 8/30/2023 (vf). |
| Filing 6 NOTICE OF APPEARANCE by Eva-Maria Mayer on behalf of OEC Freight (NY), Inc...(Mayer, Eva-Maria) |
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Filing 5
ORDER granting #4 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/26/2023) (tro)
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| Filing 4 CONSENT LETTER MOTION for Extension of Time to answer or otherwise respond to the Complaint, addressed to Judge Andrew L. Carter, Jr. from Brian D. Hail, Esq. dated 7/25/2023. Document filed by Storlie Furniture Distributors, LLC..(Hail, Brian) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(sj) |
| 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent NSD Investments LLC for Storlie Furniture Distributors, LLC. Document filed by Storlie Furniture Distributors, LLC..(Hail, Brian) |
| Filing 2 CIVIL COVER SHEET filed..(Hail, Brian) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court, County of New York. Case Number: 652838/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-28031479).Document filed by Storlie Furniture Distributors, LLC. (Attachments: #1 Exhibit Ex. A to Notice of Removal (NYS Summons and Complaint with exhibits), #2 Exhibit Ex. B to Notice of Removal (other filings in the NYS action)).(Hail, Brian) |
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| Plaintiff: OEC Freight (NY), Inc. doing business as OEC Group | |
| Represented By: | Eva-Maria Mayer |
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| Defendant: Don Smith & Associates, Inc. doing business as Express Office Furniture | |
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| Defendant: Storlie Furniture Distributors, LLC doing business as Storlie Furniture Group | |
| Represented By: | Brian Douglas Hail |
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