Champ Key Limited v. Canoo Inc.
| Champ Key Limited |
| Canoo Inc. |
| 1:2024cv00301 |
| January 16, 2024 |
| US District Court for the Southern District of New York |
| Margaret M Garnett |
| Stockholders Suits |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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| Filing 26 NOTICE OF APPEARANCE by Arthur Justin Herskowitz on behalf of Champ Key Limited..(Herskowitz, Arthur) |
| Filing 25 CONSENT LETTER MOTION to Adjourn Conference (Initial Pretrial) currently scheduled for April 30, 2024 addressed to Judge Margaret M. Garnett from Dennis H. Tracey, III dated March 14, 2024. Document filed by Champ Key Limited..(Tracey, Dennis) |
| Filing 24 DECLARATION of SERVICE of Arthur J. Herskowitz re: #10 Order for Initial Pretrial Conference,,,,, and the Courts Individual Rules. Document filed by Champ Key Limited..(Herskowitz, Arthur) |
Filing 23
ORDER granting #13 Letter Motion for Extension of Time to Answer re #13 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Margaret M. Garnett from Aaron H. Marks dated March 1, 2024. Application GRANTED. Under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), the Court is satisfied that Defendant has demonstrated " good cause" as to why its belated answer is permissible. See Fed. R. Civ. P. 55(c); see also John v. Sotheby's, Inc., 141 F.R.D. 29, 35 (S.D.N.Y. 1992) ("The filing of a late answer is analogous to a motion to vacate a default."); Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). Specifically, and in light of the "oft-stated preference for resolving disputes on the merits," even the undisputed facts presented in the parties' letters sufficiently demonstrate that the belated answer was not willful and Plaintiff would not be prejudiced by the belated answer; moreover, it appears that Defendant has potentially meritorious defenses. See Enron Oil Corp., 10 F.3d at 95. Defendant's answer on March 1, 2024 (Dkt. No. 15) shall be deemed timely. The dates and deadlines in the Court's February 26 Order (Dkt. No. 10) remain in effect. The Clerk of Court is respectfully directed to terminate Dkt. No. 13. SO ORDERED. (Signed by Judge Margaret M. Garnett on 3/13/2024) (jca) Modified on 3/13/2024 (jca).
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| Filing 22 DECLARATION of Dennis H. Tracey III in Support re: #21 Letter. Document filed by Champ Key Limited. (Attachments: #1 Exhibit A - Email Chain, #2 Exhibit B - Letter to Canoo Inc.).(Tracey, Dennis) |
| Filing 21 LETTER addressed to Judge Margaret M. Garnett from Dennis H. Tracey, III dated March 12, 2024 re: in response to the letter from Defendant Canoo, Inc. dated March 8, 2024, Dkt. #18 . Document filed by Champ Key Limited..(Tracey, Dennis) |
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Filing 20
ORDER granting #19 Letter Motion for Leave to File Document. Application GRANTED. Plaintiff shall file its response to Defendant's letter (Dkt. No. 18) no later than March 12, 2024. (Signed by Judge Margaret M. Garnett on 3/11/2024) (rro)
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| Filing 19 LETTER MOTION for Leave to File Letter response to Defendant Canoo, Inc.'s letter filed today (Dkt. No. #18 ) addressed to Judge Margaret M. Garnett from Dennis H. Tracey, III dated March 8, 2024. Document filed by Champ Key Limited..(Tracey, Dennis) |
| Filing 18 LETTER addressed to Judge Margaret M. Garnett from Aaron Marks dated March 8, 2024 re: the Court's March 1, 2024 order directing Canoo to file a letter explaining why its belated Answer (ECF No. 16) is permissible. Document filed by Canoo Inc.. (Attachments: #1 Affidavit - Declaration of Hector Ruiz).(Marks, Aaron) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Canoo Inc...(Marks, Aaron) |
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Filing 16
ORDER re Dkt. No. 13: Defendant was served with the summons and complaint on January 25, 2024; the deadline to answer or otherwise respond to the complaint was February 15, 2024. Dkt. No. 9. On March 1, 2024, after the deadline to answer had lapsed, Defendant filed an answer. Dkt. No. 14. Plaintiff does not consent to a late answer being filed. Dkt. No. 13. Accordingly, Defendant shall file a letter (not to exceed three pages) by March 8, 2024 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). (HEREBY ORDERED by Judge Margaret M. Garnett) (Text Only Order) (kv)
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| Filing 15 ANSWER to #1 Complaint,. Document filed by Canoo Inc...(Marks, Aaron) |
| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#15) ANSWER to #1 Complaint,. Document filed by Canoo Inc...(Marks, Aaron) Modified on 3/1/2024 (lb). |
| Filing 13 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Margaret M. Garnett from Aaron H. Marks dated March 1, 2024. Document filed by Canoo Inc...(Marks, Aaron) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Canoo Inc...(Marks, Aaron) Modified on 3/1/2024 (lb). |
| Filing 11 NOTICE OF APPEARANCE by Aaron Harvey Marks on behalf of Canoo Inc...(Marks, Aaron) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Aaron Harvey Marks 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 or No radio button - If Yes - 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. Please use the revised form found here # NYSD form page (lb) |
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Filing 10
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all dates and deadlines shall remain in effect notwithstanding the case's reassignment, except the deadline to file on ECF a joint letter and proposed Civil Case Management Plan in accordance with Rule II(A)(5) of the Court's Individual Rules shall be April 23, 2024. It is further ORDERED that counsel for all parties shall appear for an Initial Pretrial Conference on Tuesday, April 30, 2024, at 9:30 a.m. The Initial Pretrial Conference will be held before Judge Garnett in Courtroom 906 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules forthwith, and (2) 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 forthwith send a copy of this order and the Court's Individual Rules to that party personally. and as set forth herein. SO ORDERED. Initial Conference set for 4/30/2024 at 09:30 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. (Signed by Judge Margaret M. Garnett on 2/26/2024) (ama)
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| NOTICE OF CASE REASSIGNMENT to Judge Margaret M. Garnett. Judge Analisa Torres is no longer assigned to the case..(tro) |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Canoo Inc. served on 1/25/2024, answer due 2/15/2024. Service was accepted by Registered Agent, The Corporation Trust Company. Document filed by Champ Key Limited..(Tracey, Dennis) |
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Filing 8
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b) (5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 1/18/2024) (ks)
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Filing 7
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by April 18, 2024, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. SO ORDERED. (Signed by Judge Analisa Torres on 1/18/2024) (ks)
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Filing 6
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by April 18, 2024, e-mail a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, to Orders_and_Judgments@nysd.uscourts.gov. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by April 18, 2024, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 1/18/2024) (ks)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Canoo Inc...(pc) |
| 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) |
| Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. 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 Designated ECF. (pc) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent DE Capital Limited for Champ Key Limited. Document filed by Champ Key Limited..(Tracey, Dennis) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Canoo Inc., re: #1 Complaint,. Document filed by Champ Key Limited..(Tracey, Dennis) |
| Filing 2 CIVIL COVER SHEET filed..(Tracey, Dennis) |
| Filing 1 COMPLAINT against Canoo Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28812932)Document filed by Champ Key Limited. (Attachments: #1 Exhibit A - Amended and Restated Registration Rights Agreement (RRA), #2 Exhibit B - Demand Letter).(Tracey, Dennis) |
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| Plaintiff: Champ Key Limited | |
| Represented By: | Dennis H. Tracey, III |
| Represented By: | Arthur Justin Herskowitz |
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| Defendant: Canoo Inc. | |
| Represented By: | Aaron Harvey Marks |
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