The Incentive Group, Inc. v. USA Vape Lab et al
Plaintiff: The Incentive Group, Inc.
Defendant: USA Vape Hardware, LLC, USA Vape Lab, Huy Nguyen and The Schwartz E Liquid
Case Number: 7:2018cv07176
Filed: August 9, 2018
Court: US District Court for the Southern District of New York
Office: White Plains Office
County: Westchester
Presiding Judge: Vincent L Briccetti
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 5, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2018 Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint,. The Schwartz E Liquid served on 8/23/2018, answer due 9/13/2018. Service was accepted by Jo N.. Document filed by The Incentive Group, Inc.. (Laplaca, Robert)
October 3, 2018 Filing 17 NOTICE OF INITIAL CONFERENCE: Initial Conference set for 11/15/2018 at 03:30 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (mml)
October 3, 2018 Opinion or Order Filing 16 ORDER terminating #12 Motion to Dismiss: Motion to dismiss terminated as moot in light of answer to amended complaint. (Doc. #15). (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
October 2, 2018 Filing 15 ANSWER to #10 Amended Complaint, with JURY DEMAND. Document filed by The Schwartz E Liquid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Yellin, Michael)
September 21, 2018 Filing 14 DECLARATION of Seth M. Jessee in Support re: #12 MOTION to Dismiss and/or Strike the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and 12(f).. Document filed by Huy Nguyen, The Schwartz E Liquid, USA Vape Hardware, LLC, USA Vape Lab. (Attachments: #1 Exhibit A to Declaration of Seth M. Jessee)(Yellin, Michael)
September 21, 2018 Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss and/or Strike the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and 12(f). . Document filed by Huy Nguyen, The Schwartz E Liquid, USA Vape Hardware, LLC, USA Vape Lab. (Yellin, Michael)
September 21, 2018 Filing 12 MOTION to Dismiss and/or Strike the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and 12(f). Document filed by Huy Nguyen, The Schwartz E Liquid, USA Vape Hardware, LLC, USA Vape Lab.(Yellin, Michael)
September 20, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael Redmond Yellin to RE-FILE Document #7 MOTION to Dismiss and/or Strike the Complaint Pursuant to Fed. R. Civ. P 12(b)(6) and 12(f). ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db)
September 19, 2018 Opinion or Order Filing 11 MEMO ENDORSEMENT on re: #9 Letter filed by The Incentive Group, Inc. ENDORSEMENT: By 10/2/2018, plaintiff shall file an amended complaint. SO ORDERED. (Amended Pleadings due by 10/2/2018.) (Signed by Judge Vincent L. Briccetti on 9/18/2018) (jca)
September 18, 2018 Filing 10 AMENDED COMPLAINT amending #1 Complaint, against The Schwartz E Liquid with JURY DEMAND.Document filed by The Incentive Group, Inc.. Related document: #1 Complaint,. (Attachments: #1 Order granting leave to file Amended Complaint, #2 Exhibit A - Agreement, #3 Exhibit B - Email re expansion, #4 Exhibit C - Email blast, #5 Exhibit D - Termination email, #6 Exhibit E - Invoice)(Laplaca, Robert)
September 18, 2018 Filing 9 LETTER addressed to Judge Vincent L. Briccetti from Robert Laplaca dated 09/18/2018 re: filing of Amended Complaint. Document filed by The Incentive Group, Inc..(Laplaca, Robert)
September 12, 2018 Opinion or Order Filing 8 ORDER: Accordingly, it is hereby ORDERED that, by no later than September 21, 2018, plaintiff must notify the Court by letter, with copies simultaneously delivered to all counsel, whether (i) it intends to file an amended complaint, or (ii) it will rely on the complaint that is the subject of the motion to dismiss, as further set forth in this Order. (Signed by Judge Vincent L. Briccetti on 9/12/2018) (mml)
September 11, 2018 Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - MOTION to Dismiss and/or Strike the Complaint Pursuant to Fed. R. Civ. P 12(b)(6) and 12(f). Document filed by Huy Nguyen, The Schwartz E Liquid, USA Vape Hardware, LLC, USA Vape Lab. (Attachments: #1 Memorandum of Law, #2 Declaration of Seth M. Jesse, Esq., #3 Exhibit Exhibit A to Declaration of Seth M. Jesse, Esq.)(Yellin, Michael) Modified on 9/20/2018 (db).
September 4, 2018 Filing 6 AFFIDAVIT OF SERVICE. USA Vape Hardware, LLC served on 8/29/2018, answer due 9/19/2018. Service was accepted by Amy McLaren, Managing Agent of Registered Agent Corporation Trust Company. Document filed by The Incentive Group, Inc.. (Attachments: #1 Summons and Proof of Service)(Laplaca, Robert)
August 10, 2018 Filing 5 ELECTRONIC SUMMONS ISSUED as to Huy Nguyen, The Schwartz E Liquid, USA Vape Hardware, LLC, USA Vape Lab. (jgo)
August 10, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (jgo)
August 10, 2018 Magistrate Judge Paul E. Davison 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: #http://nysd.uscourts.gov/forms.php. (jgo)
August 10, 2018 Case Designated ECF. (jgo)
August 9, 2018 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to USA Vape Lab, USA Vape Hardware, LLC d/b/a USA Vape Lab, The Schwartz E Liquid d/b/a USA Vape Lab, Huy Nguyen, re: #1 Complaint,. Document filed by The Incentive Group, Inc.. (Laplaca, Robert)
August 9, 2018 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Incentive Group, Inc..(Laplaca, Robert)
August 9, 2018 Filing 2 CIVIL COVER SHEET filed. (Laplaca, Robert)
August 9, 2018 Filing 1 COMPLAINT against Huy Nguyen, The Schwartz E Liquid, USA Vape Hardware, LLC, USA Vape Lab. (Filing Fee $ 400.00, Receipt Number 0208-15430679)Document filed by The Incentive Group, Inc.. (Attachments: #1 Exhibit Ex. A - Agreement, #2 Exhibit Ex. B - Email regarding expansion, #3 Exhibit Ex. C - Email Blast, #4 Exhibit Ex. D - Termination Email, #5 Exhibit Ex. E - Invoice)(Laplaca, Robert)

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Defendant: USA Vape Hardware, LLC
Represented By: Michael Redmond Yellin
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Defendant: USA Vape Lab
Represented By: Michael Redmond Yellin
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Defendant: Huy Nguyen
Represented By: Michael Redmond Yellin
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Defendant: The Schwartz E Liquid
Represented By: Michael Redmond Yellin
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Plaintiff: The Incentive Group, Inc.
Represented By: Robert Laplaca
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