Boom-OS, LLC et al v. Dom N' Tom, Inc.
| FLX Wellness, LLC and A.B. Fit, LLC |
| Boom-OS, LLC and AnneAlise Bonistalli |
| Dom N' Tom, Inc. |
| 1:2023cv08690 |
| October 3, 2023 |
| U.S. District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Other Fraud |
| 28 U.S.C. § 1332 fr Diversity-Fraud |
| Both |
Docket Report
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| Filing 31 AFFIDAVIT OF SERVICE of Plaintiffs' Answer & Affirmative Defenses to Defendant Dom N' Tom, Inc.'s Counterclaims served on DOM N' TOM, INC. on November 30, 2023. Service was made by ECF Email - anthony.luckie@lewisbrisbois.com. Document filed by A.B. Fit, LLC, AnneAlise Bonistalli, Boom-OS, LLC, FLX Wellness, LLC..(Ree, Sophia) |
| Filing 30 NOTICE of Plaintiffs' Answer & Affirmative Defenses to Defendant Don N' Tom, Inc.'s Counterclaims re: #26 Answer to Complaint, Counterclaim. Document filed by A.B. Fit, LLC, AnneAlise Bonistalli, Boom-OS, LLC, FLX Wellness, LLC..(Ree, Sophia) |
| Filing 29 NOTICE OF APPEARANCE by Kevin Lino Spagnoli on behalf of Dom N' Tom, Inc...(Spagnoli, Kevin) |
| Filing 28 NOTICE OF APPEARANCE by Joseph S Sano on behalf of A.B. Fit, LLC, AnneAlise Bonistalli, Boom-OS, LLC, FLX Wellness, LLC..(Sano, Joseph) |
| Filing 27 NOTICE OF APPEARANCE by Anthony Peter Luckie on behalf of Dom N' Tom, Inc...(Luckie, Anthony) |
| Filing 26 ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against AnneAlise Bonistalli, Boom-OS, LLC. Document filed by Dom N' Tom, Inc...(Luckie, Anthony) |
| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Dom N' Tom, Inc...(Luckie, Anthony) |
Filing 24
ORDER granting #23 Motion for Joseph S. Sano, Esq. to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 11/2/2023) (ate)
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| Filing 23 MOTION for Joseph S. Sano, Esq. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A.B. Fit, LLC, AnneAlise Bonistalli, Boom-OS, LLC, FLX Wellness, LLC. (Attachments: #1 Affidavit of Joseph S. Sano, Esq., #2 Exhibit Certificate of Good Standing from Supreme Court of Michigan, #3 Exhibit Certificate of Good Standing (State of Michigan), #4 Exhibit Certificate of Good Standing (Commonwealth of Massachusetts), #5 Proposed Order for Admission Pro Hac Vice).(Ree, Sophia) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Joseph S. Sano, Esq. 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. (sgz) |
| Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Joseph S. Sano, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28501810. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A.B. Fit, LLC, AnneAlise Bonistalli, Boom-OS, LLC, FLX Wellness, LLC. (Attachments: #1 Affidavit Affidavit of Joseph S. Sano, Esq., #2 Exhibit Certificate of Good Standing (Commonwealth of Massachusetts), #3 Exhibit Certificate of Good Standing (State of Michigan), #4 Proposed Order (Proposed) Order for Admission Pro Hac Vice).(Ree, Sophia) Modified on 10/31/2023 (va). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #22 MOTION for Joseph S. Sano, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28501810. 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 Michigan; INK SIGNATURE required when not using own PACER account;. 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. (va) |
| Filing 21 NOTICE OF APPEARANCE by Sophia Ree on behalf of A.B. Fit, LLC, AnneAlise Bonistalli, Boom-OS, LLC, FLX Wellness, LLC..(Ree, Sophia) |
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to Answer re #19 FIRST LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Naomi Reice Buchwald from Anthony Luckie dated October 23, 2023. Application granted. Dom N' Tom, Inc. answer due 11/10/2023. (Signed by Judge Naomi Reice Buchwald on 10/24/2023) (mml)
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| Filing 19 FIRST LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Naomi Reice Buchwald from Anthony Luckie dated October 23, 2023. Document filed by Dom N' Tom, Inc...(Luckie, Anthony) |
| Filing 18 NOTICE OF APPEARANCE by Anthony Peter Luckie on behalf of Dom N' Tom, Inc...(Luckie, Anthony) |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST LETTER addressed to Judge Naomi Reice Buchwald from Anthony Luckie dated October 23, 2023 re: Request to Extend Time to Respond to Complaint. Document filed by Boom-OS, LLC. (Luckie, Anthony) Modified on 10/23/2023 (db). As per ECF-ERROR Email Correspondence received on 10/23/2023 @ 4:46pm. |
| Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Anthony Peter Luckie on behalf of Boom-OS, LLC. (Luckie, Anthony) Modified on 10/23/2023 (db). As per ECF-ERROR Email Correspondence received on 10/23/2023 @ 4:46pm. |
| Filing 15 CASE TRANSFERRED IN from the United States District Court - District of Massachusetts; Case Number: 1:22-cv-10446. Original file certified copy of transfer order and docket entries received. |
| Case Designated ECF. (vba) |
| Magistrate Judge Robert W. Lehrburger 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. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Naomi Reice Buchwald. 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..(vba) |
| 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. (vba) |
| Filing 14 Case transferred to the Southern District of New York. Original file with documents numbered 1-13, certified copy of transfer order and docket sheet sent to Clerk in that district. (Currie, Haley) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 13 Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. Please see attached. It is hereby ORDERED that:1. Defendant D&T's motion to dismiss or transfer (Dkt. No. #5 ) is ALLOWED, in part, and DENIED in part. D&T's motion to dismiss is DENIED and its motion to transfer is ALLOWED.2. D&T's request for attorney's fees is DENIED.3. This case shall be transferred to the United States District Court for the Southern District of New York. A separate order effectuating the transfer will issue. (Currie, Haley) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 12 REPLY to Response to #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Leave to file granted on 6/28/2022 filed by Dom N' Tom, Inc.. (Costello, Rachel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 11 Judge Mark L. Wolf: ORDER entered re #10 Motion for Leave to File Document - ALLOWED Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Currie, Haley) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 10 MOTION for Leave to File REPLY IN SUPPORT OF ITS MOTION TO DISMISS OR IN THE ALTERNATIVE TRANSFER PLAINTIFFS COMPLAINT by Dom N' Tom, Inc.. (Attachments: #1 DEFENDANTS REPLY IN SUPPORT OF ITS MOTION TO DISMISS OR IN THE ALTERNATIVE TRANSFER PLAINTIFFS COMPLAINT)(Costello, Rachel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 9 Opposition re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by A.B. Fit, LLC, AnneAlise Bonistalli, Boom-OS, LLC, FLX Wellness, LLC. (Sano, Joseph) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 8 STIPULATION REGARDING FORUM SELECTION CLAUSE by Dom N' Tom, Inc.. (Costello, Rachel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 7 NOTICE of Appearance by Kenneth B. Walton on behalf of Dom N' Tom, Inc. (Walton, Kenneth) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 6 MEMORANDUM in Support re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dom N' Tom, Inc.. (Costello, Rachel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Dom N' Tom, Inc..(Costello, Rachel) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 4 AFFIDAVIT OF SERVICE Executed by Boom-OS, LLC, FLX Wellness, LLC, AnneAlise Bonistalli, A.B. Fit, LLC. Dom N' Tom, Inc. served on 4/26/2022, answer due 5/17/2022. Acknowledgement filed by Boom-OS, LLC; FLX Wellness, LLC; AnneAlise Bonistalli; A.B. Fit, LLC. (Sano, Joseph) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 3 Summons Issued as to Dom N' Tom, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (de Oliveira, Flaviana) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Mark L. Wolf assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) [Transferred from Massachusetts on 10/3/2023.] |
| Filing 1 COMPLAINT against Dom N' Tom, Inc. Filing fee: $ 402, receipt number AMADC-9241875 (Fee Status: Filing Fee paid), filed by A.B. Fit, LLC, AnneAlise Bonistalli, Boom-OS, LLC, FLX Wellness, LLC. (Attachments: #1 Civil Cover Sheet, #2 Category Sheet)(Sano, Joseph) [Transferred from Massachusetts on 10/3/2023.] |
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