Live Traffic Data Corp. v. Eberle Design Inc.
| LIVE TRAFFIC DATA CORP and Live Traffic Data Corp. |
| EBERLE DESIGN INC. |
| 7:2020cv09585 |
| November 13, 2020 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Contract: Other |
| 28 U.S.C. § 1330 |
| None |
Docket Report
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This docket was last retrieved on April 2, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 FIRST AMENDED COMPLAINT amending #5 Complaint against Eberle Design Inc..Document filed by Live Traffic Data Corp.. Related document: #5 Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Gallo, Gregory) |
Filing 16
ORDER granting #15 Letter Motion for Extension of Time to Amend. Plaintiff shall file its amended complaint by 1/4/2021. SO ORDERED. Amended Pleadings due by 1/4/2021. (Signed by Judge Vincent L. Briccetti on 12/21/2020) (mml)
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| Filing 15 FIRST LETTER MOTION for Extension of Time to Amend #14 Order,,,,,, 14 addressed to Judge Vincent L. Briccetti from Gregory J Gallo dated 12/21/2020. Document filed by Live Traffic Data Corp...(Gallo, Gregory) |
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Filing 14
ORDER: On December 11, 2020, defendant moved to dismiss the complaint. (Doc. # 10). Accordingly, it is hereby ORDERED that, by no later than December 21, 2020, plaintiff must notify the Court by letter whether it (i) intends to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendant's motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"); accord F5 Capital v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, it must file the amended complaint by no later than 14 days after notifying the Court of its intent to do so. Within 21 days of such amendment, defendant may either: (i) file an answer to the amended complaint; or (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that it is relying on the initially filed motion to dismiss. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/14/2020) (mml)
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| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Eberle Design Inc...(DePizzo, Kristen-Elise) |
| Filing 12 DECLARATION of John E. Shearer in Support re: #10 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Eberle Design Inc.. (Attachments: #1 Exhibit A- Dr. Sowell's Calendar Invite, #2 Exhibit B- LTD's Purchase Order, #3 Exhibit C- Eberle's Packing List, #4 Exhibit D- Eberle's Customer Order).(DePizzo, Kristen-Elise) |
| Filing 11 MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Eberle Design Inc...(DePizzo, Kristen-Elise) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Eberle Design Inc...(DePizzo, Kristen-Elise) |
| Filing 9 NOTICE OF APPEARANCE by Kristen-Elise Frances DePizzo on behalf of Eberle Design Inc...(DePizzo, Kristen-Elise) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. All Defendants. Service was accepted by Nate Vogel, Director of Manufacturing. Document filed by Live Traffic Data Corp...(Gallo, Gregory) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Eberle Design Inc...(dnh) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Eberle Design Inc., re: #5 Complaint. Document filed by Live Traffic Data Corp...(Gallo, Gregory) |
| Filing 5 COMPLAINT against Eberle Design Inc.. Document filed by Live Traffic Data Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Gallo, Gregory) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gregory John Gallo. The party information for the following party/parties has been modified: Live Traffic Data Corp.; Eberle Design Inc.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was entered incorrectly. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Gregory John Gallo to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| 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 #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..(sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gregory John Gallo. The following case opening statistical information was erroneously selected/entered: Dollar Demand $2,000,000,000; County code Westchester; Fee Status code due (due). The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $2,000,000; the County code has been modified to New York; the Fee Status code has been modified to pd (paid). (sj) |
| Magistrate Judge Andrew E. Krause 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. (sj) |
| Case Designated ECF. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gregory John Gallo to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Plaintiff's attorney information omitted from PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 4 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by LIVE TRAFFIC DATA CORP..(Gallo, Gregory) |
| Filing 3 CIVIL COVER SHEET filed..(Gallo, Gregory) |
| Filing 2 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Eberle Design Inc., re: #1 Complaint. Document filed by LIVE TRAFFIC DATA CORP..(Gallo, Gregory) Modified on 11/16/2020 (sj). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against LIVE TRAFFIC DATA CORP. (Filing Fee $ 400.00, Receipt Number ANYSDC-22582032)Document filed by LIVE TRAFFIC DATA CORP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Errata C).(Gallo, Gregory) Modified on 11/16/2020 (sj). |
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