BREACH v. LOADSMART, INC.
Plaintiff: RYAN BREACH
Defendant: LOADSMART, INC.
Case Number: 1:2024cv00819
Filed: February 5, 2024
Court: US District Court for the Southern District of New York
Presiding Judge: P Kevin Castel
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 27, 2024 Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 3/27/2024. Defendant Motion to Dismiss due April 12, Plaintiff response due April 26. Defendant reply due May 3, 2024. Discovery is stayed. Plaintiff required to produce to defendant and defendant required to produce to plaintiff evidence of payment of the one shipment by April 5, 2024. (Nacanther, Florence)
March 20, 2024 Filing 27 JOINT LETTER addressed to Judge P. Kevin Castel from Kerry E. Slade and Chisara Ezie-Boncoeur dated 3/20/2024 re: Initial Pretrial Conference. Document filed by LOADSMART, INC...(Ezie-Boncoeur, V. Chisara)
February 23, 2024 Opinion or Order Filing 26 ORDER granting #25 Motion for Lindsay C. Miller to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
February 22, 2024 Filing 25 MOTION for Lindsay C. Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28980261. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by LOADSMART, INC., LOADSMART, INC.. (Attachments: #1 Affidavit and Certificate of Good Standing, #2 Proposed Order Order for Admission Pro Hac Vice).(Miller, Lindsay)
February 22, 2024 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Lindsay C. Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28980261. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)
February 20, 2024 Filing 24 NOTICE OF APPEARANCE by Kerry Elizabeth Slade on behalf of RYAN BREACH..(Slade, Kerry)
February 15, 2024 Filing 23 NOTICE OF APPEARANCE by V. Chisara Ezie-Boncoeur on behalf of LOADSMART, INC...(Ezie-Boncoeur, V. Chisara)
February 10, 2024 Opinion or Order Filing 22 INITIAL PRETRIAL CONFERENCE: 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. As further set forth by this Order. The call-in information for all teleconferences is: Dial-in: (888) 363-4749. Access Code: 3667981. SO ORDERED. Initial Conference set for 3/27/2024 at 12:30 PM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 2/10/2024) (tg)
February 10, 2024 ***DELETED DOCUMENT. Deleted document number #22 INITIAL PRETRIAL CONFERENCE. The document was incorrectly filed in this case. (yv)
February 5, 2024 Filing 21 CASE TRANSFERRED IN from the United States District Court - District of Pennsylvania Eastern; Case Number: 5:23-cv-01493. Original file certified copy of transfer order and docket entries received.
February 5, 2024 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case 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..(vba)
February 5, 2024 Magistrate Judge Gabriel W. Gorenstein 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. (vba)
February 5, 2024 Case Designated ECF. (vba)
February 5, 2024 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)
January 30, 2024 Opinion or Order Filing 20 ORDER THAT DEFENDANTS MOTION TO TRANSFER VENUE, ECF 5, IS GRANTED. IT IS FURTHER HEREBY ORDERED THAT THE CLERK OF COURT IS DIRECTED TO TRANSFER THE ABOVE-CAPTIONED CASE TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. SIGNED BY HONORABLE GERALD A. MCHUGH ON 1/30/24. 1/30/24 ENTERED AND COPIES E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 2/5/2024.]
January 30, 2024 Filing 19 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE GERALD A. MCHUGH ON 1/30/24. 1/30/24 ENTERED AND COPIES E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 2/5/2024.]
January 30, 2024 CASE TRANSFERRED TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK VIA CM/ECF ELECTRONIC TRANSFER. (jaa, ) [Transferred from Pennsylvania Eastern on 2/5/2024.]
December 1, 2023 Opinion or Order Filing 18 ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE EDWARD G. SMITH TO HONORABLE GERALD A. MCHUGH FOR ALL FURTHER PROCEEDINGS. SIGNED BY GEORGE V WYLESOL, CLERK OF COURT ON 12/1/23. 12/1/23 ENTERED AND E-MAILED.(JL) [Transferred from Pennsylvania Eastern on 2/5/2024.]
September 11, 2023 Filing 17 Notice of Filing of Official Transcript with Certificate of Service re #16 Transcript - PDF,, 9/11/23 Entered and Copies Emailed. (jaa, ) [Transferred from Pennsylvania Eastern on 2/5/2024.]
September 8, 2023 Filing 16 TRANSCRIPT of ORAL ARGUMENT HEARING held on 8/8/23, before Judge HONORABLE EDWARD G. SMITH. Court Reporter: ESR. Transcriber: Writers Cramp, Inc. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 9/29/2023. Redacted Transcript Deadline set for 10/10/2023. Release of Transcript Restriction set for 12/7/2023. (jaa, ) [Transferred from Pennsylvania Eastern on 2/5/2024.]
August 8, 2023 Filing 15 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH. Motion Hearing held on 8/8/23. Re: #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Court Reporter: ESR. (mas) [Transferred from Pennsylvania Eastern on 2/5/2024.]
July 18, 2023 Set/Reset Deadlines as to #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In the alternative, Defendant respectfully moves the Court to transfer this action to the United States District Court for the Southern District of New York, pursuant to 28 U.S.C. 1404 and the pa. MOTION HEARING SET FOR 8/8/2023 10:00 AM IN Holmes 4th Floor BEFORE HONORABLE EDWARD G. SMITH. (tjd) [Transferred from Pennsylvania Eastern on 2/5/2024.]
July 18, 2023 Opinion or Order Filing 14 ORDER THAT THE ORAL ARGUMENT CURRENTLY SCHEDULED FOR FRIDAY, JULY 21, 2023, AT 10:00 A.M. IS RESCHEDULED TO TUESDAY, AUGUST 8, 2023, AT 10:00 A.M., AT THE HOLMES BUILDING, 101 LARRY HOLMES DRIVE, 4TH FLOOR, EASTON, PENNSYLVANIA 18042. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/18/23. 7/18/23 ENTERED AND COPIES E-MAILED.(mas) [Transferred from Pennsylvania Eastern on 2/5/2024.]
June 22, 2023 Opinion or Order Filing 13 ORDER THAT THE ORAL ARGUMENT CURRENTLY SCHEDULED FOR THURSDAY, JULY 6, 2023, AT 1:00 P.M. IS RESCHEDULED TO FRIDAY, JULY 21, 2023, AT 10:00 A.M., AT THE HOLMES BUILDING, 101 LARRY HOLMES DRIVE, 4TH FLOOR, EASTON, PENNSYLVANIA 18042. SIGNED BY HONORABLE EDWARD G. SMITH ON 6/22/23. 6/22/23 ENTERED AND COPIES E-MAILED.(er) [Transferred from Pennsylvania Eastern on 2/5/2024.]
June 21, 2023 Opinion or Order Filing 12 ORDER THAT THE COURT WILL HEAR ORAL ARGUMENT ON THE DEFENDANT'S MOTION TO DISMISS AND IN THE ALTERNATIVE TO TRANSFER (DOC. NO. 5) ON THURSDAY, JULY 6, 2023, AT 1:00 P.M., AT THE HOLMES BUILDING, 101 LARRY HOLMES DRIVE, 4TH FLOOR, EASTON, PENNSYLVANIA 18042. SIGNED BY HONORABLE EDWARD G. SMITH ON 6/21/23. 6/21/23 ENTERED AND COPIES E-MAILED.(er) [Transferred from Pennsylvania Eastern on 2/5/2024.]
June 16, 2023 Filing 11 RESPONSE in Support re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In the alternative, Defendant respectfully moves the Court to transfer this action to the United States District Court for the Southern District of New York, pursuant to 28 U.S.C. 1404 and the pa filed by LOADSMART, INC.. (Attachments: #1 Exhibit A)(FLYNN, MOLLY) [Transferred from Pennsylvania Eastern on 2/5/2024.]
June 9, 2023 Filing 10 RESPONSE in Opposition re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In the alternative, Defendant respectfully moves the Court to transfer this action to the United States District Court for the Southern District of New York, pursuant to 28 U.S.C. 1404 and the pa filed by RYAN BREACH. (Attachments: #1 Exhibit A)(SLADE, KERRY) [Transferred from Pennsylvania Eastern on 2/5/2024.]
May 31, 2023 Opinion or Order Filing 9 ORDER THAT THIS CASE IS REFERRED TO UNITED STATES MAGISTRATE JUDGE CRAIG M. STRAW FOR A SETTLEMENT CONFERENCE. SIGNED BY HONORABLE EDWARD G. SMITH ON 5/31/23. 5/31/23 ENTERED AND COPIES E-MAILED.(er) [Transferred from Pennsylvania Eastern on 2/5/2024.]
May 31, 2023 Filing 8 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Telephone Conference held on 5/31/23. Court Reporter: None. (er) [Transferred from Pennsylvania Eastern on 2/5/2024.]
May 30, 2023 Filing 7 NOTICE of Appearance by Lindsay Catherine Miller on behalf of LOADSMART, INC. with Certificate of Service(Miller, Lindsay) [Transferred from Pennsylvania Eastern on 2/5/2024.]
May 30, 2023 Filing 6 NOTICE of Hearing that a TELEPHONE CONFERENCE SET FOR 5/31/2023 10:30 AM IN Telephone Conference BEFORE HONORABLE EDWARD G. SMITH.(mas) [Transferred from Pennsylvania Eastern on 2/5/2024.]
May 26, 2023 Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In the alternative, Defendant respectfully moves the Court to transfer this action to the United States District Court for the Southern District of New York, pursuant to 28 U.S.C. 1404 and the parties agreed-upon forum selection clause. filed by LOADSMART, INC..Memorandum, Certificate of Service.(FLYNN, MOLLY) [Transferred from Pennsylvania Eastern on 2/5/2024.]
May 22, 2023 Opinion or Order Filing 4 ORDER THAT THE REQUEST FOR AN EXTENSION OF TIME TO RESPOND TO THE COMPLAINT IS GRANTED. THE DEFENDANT SHALL FILE A RESPONSE TO THE COMPLAINT BY MAY 30, 2023. SIGNED BY HONORABLE EDWARD G. SMITH ON 5/22/23. 5/22/23 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(mas) [Transferred from Pennsylvania Eastern on 2/5/2024.]
May 16, 2023 Opinion or Order Filing 3 ORDER THAT THE REQUEST FOR AN EXTENSION OF TIME TO RESPOND TO THE COMPLAINT IS GRANTED. THE DEFENDANT SHALL FILE A RESPONSE TO THE COMPLAINT BY MAY 22, 2023. SIGNED BY HONORABLE EDWARD G. SMITH ON 5/16/23. 5/16/23 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(mas) Modified on 5/17/2023 (mas). [Transferred from Pennsylvania Eastern on 2/5/2024.]
April 20, 2023 Filing 2 Summons Issued as to LOADSMART, INC.. Forwarded To: Counsel on 4/20/23 (mas) [Transferred from Pennsylvania Eastern on 2/5/2024.]
April 19, 2023 Filing 1 COMPLAINT against LOADSMART, INC. ( Filing fee $ 402 receipt number APAEDC-16636443.), filed by RYAN BREACH. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Designation Form Designation Form, #3 Exhibit Exhibits 1-3)(SLADE, KERRY) [Transferred from Pennsylvania Eastern on 2/5/2024.]

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Plaintiff: RYAN BREACH
Represented By: KERRY SLADE
Represented By: Kerry Elizabeth Slade
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Defendant: LOADSMART, INC.
Represented By: Molly Elizabeth Flynn
Represented By: Lindsay Catherine Miller
Represented By: V. Chisara Ezie-Boncoeur
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