President Container Group II, LLC v. Systec Corporation d/b/a Systec Conveyors

Justia Dockets & Filings Second Circuit New York Southern District President Container Group II, LLC v. Systec Corporation d/b/a Systec Conveyors

President Container Group II, LLC v. Systec Corporation d/b/a Systec Conveyors

Plaintiff:	President Container Group II, LLC
Defendant:	Systec Corporation
Case Number:	7:2018cv04441
Filed:	May 18, 2018
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Orange
Presiding Judge:	Nelson Stephen Roman
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Date Filed	Document Text
March 24, 2021	Filing 26 ORDER: The Court waives the Initial Pre-trial Conference and directs the parties to complete a Case Management Plan and Scheduling Order (blank form attached hereto). Said Scheduling Order shall be submitted to chambers by April 7, 2021. After re view and approval of the Scheduling Order, the Court will issue an Order of Reference to Magistrate Judge Judith C. McCarthy for general pretrial purposes. The parties are directed to contact Judge McCarthy within seven (7) business days of the date of the Order of Reference to schedule a conference.n SO ORDERED (Signed by Judge Nelson Stephen Roman on 3/24/2021) (rj)
June 17, 2020	Filing 21 OPINION & ORDER re: 12 MOTION to Dismiss . filed by Systec Corporation. For the foregoing reasons, Defendant's motion to dismiss is GRANTED in part and DENIED in part. Plaintiffs fraudulent inducement claim is dismissed with out prejudice. Plaintiffs breach of contract claim remains, and is dismissed only to the extent it seeks damages beyond those provided in the exclusive remedies provisions. Should Plaintiff choose to reassert the claim that was dismissed without p rejudice, Plaintiff may file an Amended Complaint consistent with this Opinion and Order on or before August 17, 2020. If Plaintiff elects to file an Amended Complaint, Defendants shall have thirty days from the date of Plaintiffs filing to respond. Accordingly, the Clerk of the Court is respectfully directed to terminate Defendant's Motion to Dismiss at ECF No. 12., Amended Pleadings due by 8/17/2020. (Signed by Judge Nelson Stephen Roman on 6/17/2020) (rj)

Date Filed

Document Text

March 24, 2021

Filing 26 ORDER: The Court waives the Initial Pre-trial Conference and directs the parties to complete a Case Management Plan and Scheduling Order (blank form attached hereto). Said Scheduling Order shall be submitted to chambers by April 7, 2021. After re view and approval of the Scheduling Order, the Court will issue an Order of Reference to Magistrate Judge Judith C. McCarthy for general pretrial purposes. The parties are directed to contact Judge McCarthy within seven (7) business days of the date of the Order of Reference to schedule a conference.n SO ORDERED (Signed by Judge Nelson Stephen Roman on 3/24/2021) (rj)

June 17, 2020

Filing 21 OPINION & ORDER re: 12 MOTION to Dismiss . filed by Systec Corporation. For the foregoing reasons, Defendant's motion to dismiss is GRANTED in part and DENIED in part. Plaintiffs fraudulent inducement claim is dismissed with out prejudice. Plaintiffs breach of contract claim remains, and is dismissed only to the extent it seeks damages beyond those provided in the exclusive remedies provisions. Should Plaintiff choose to reassert the claim that was dismissed without p rejudice, Plaintiff may file an Amended Complaint consistent with this Opinion and Order on or before August 17, 2020. If Plaintiff elects to file an Amended Complaint, Defendants shall have thirty days from the date of Plaintiffs filing to respond. Accordingly, the Clerk of the Court is respectfully directed to terminate Defendant's Motion to Dismiss at ECF No. 12., Amended Pleadings due by 8/17/2020. (Signed by Judge Nelson Stephen Roman on 6/17/2020) (rj)

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Plaintiff: President Container Group II, LLC
Represented By:	Gardiner S Barone
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Defendant: Systec Corporation
Represented By:	Evan I. Cohen
Represented By:	Tony Miodonka
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