Interboro Packaging Corp. v. Capital Plastics Int'l, Inc.
| Interboro Packaging Corp. |
| Capital Plastics International, Inc. and Capital Plastics Int'l, Inc. |
| 7:2021cv08601 |
| October 20, 2021 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 10, 2023. A more recent docket listing may be available from PACER.
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Filing 21
ORDER granting in part and denying in part #20 Letter Motion for Extension of Time to Answer: The Court's order dated 11/3/2021 does not permit defendant to "convert" its prior motion to dismiss into a partial motion to dismiss. If defendant intends to move to dismiss the amended complaint in part, to avoid any ambiguity or confusion, it must file a new motion to dismiss making clear exactly what claim(s) in the amended complaint it is seeking to dismiss, and what claim(s) it is not seeking to dismiss. That motion shall be filed by 12/27/2021. Plaintiff's opposition shall be due 1/10/2022, and defendant's reply shall be due 1/17/2022. Defendant's time to answer the amended complaint is stayed pending decision on the to-be-filed motion to dismiss. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp)
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Filing 20
LETTER MOTION for Extension of Time to File Answer and Convert Defendant's Motion to Dismiss the Original Complaint into a Partial Motion to Dismiss the Amended Complaint addressed to Judge Vincent L. Briccetti from Nicole Haff dated 12/16/2021. Document filed by Capital Plastics Int'l, Inc...(Haff, Nicole)
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Filing 19
AMENDED COMPLAINT against Capital Plastics Int'l, Inc. with JURY DEMAND.Document filed by Interboro Packaging Corp...(Mahon, Richard)
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time to File: Plaintiff's amended complaint is due 12/3/2021. By no later than 12/27/2021, 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 defendant is relying on the initially filed motion to dismiss. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp)
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Filing 17
LETTER MOTION for Extension of Time to File addressed to Judge Vincent L. Briccetti from Michael R. Frascarelli, Esq. dated November 4, 2021. Document filed by Interboro Packaging Corp...(Frascarelli, Michael)
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Filing 16
ORDER: On November 2, 2021, defendant moved to dismiss the complaint. (Doc. #13). Accordingly, it is hereby ORDERED that, by no later than November 12, 2021, plaintiff must notify the Court by letter whether plaintiff (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, as further set forth. (Signed by Judge Vincent L. Briccetti on 11/3/2021) (mml)
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Filing 15
MEMORANDUM OF LAW in Support re: #13 FIRST MOTION to Dismiss . . Document filed by Capital Plastics Int'l, Inc...(Haff, Nicole)
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Filing 14
DECLARATION of Nicole Haff in Support re: #13 FIRST MOTION to Dismiss .. Document filed by Capital Plastics Int'l, Inc.. (Attachments: #1 Exhibit - A).(Haff, Nicole)
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Filing 13
FIRST MOTION to Dismiss . Document filed by Capital Plastics Int'l, Inc...(Haff, Nicole)
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Filing 12
ORDER granting #10 Letter Motion for Extension of Time; granting #11 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED: Time to answer, move or respond to complaint extended to 11/3/21. Clerk shall terminate the motions (Docs. #10, 11). (Signed by Judge Vincent L. Briccetti on 10/22/2021) (mml)
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Filing 11
FIRST LETTER MOTION for Extension of Time addressed to Judge Vincent L. Briccetti from Nicole Haff dated 10/22/21. Document filed by Capital Plastics Int'l, Inc...(Haff, Nicole)
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Filing 10
LETTER MOTION for Extension of Time addressed to Magistrate Judge Paul E. Davison from Nicole Haff dated 10/22/21. Document filed by Capital Plastics Int'l, Inc...(Haff, Nicole)
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Filing 9
CIVIL COVER SHEET filed..(Mauck, Molly)
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Case Designated ECF. (vf)
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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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Nicole Haff to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Nature of Suit Error, Place an [X] in one box only; Courthouse Assignment Section of Form not provided; and Signature Error, the form not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Molly Mauck. The following case opening statistical information was erroneously selected/entered: Office code Foley Square. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains. (vf)
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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..(vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nicole Haff. The party information for the following party/parties has been modified: Capital Plastics International, Inc. The information for the party/parties has been modified for the following reason/reasons: party name entered incorrectly. (vf)
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Filing 8
NOTICE OF APPEARANCE by Michael Rene Frascarelli on behalf of Interboro Packaging Corp...(Frascarelli, Michael)
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Filing 7
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Interboro Packaging Corp...(Mahon, Richard)
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Filing 6
NOTICE OF APPEARANCE by Richard Martin Mahon on behalf of Interboro Packaging Corp...(Mahon, Richard)
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Filing 5
NOTICE OF APPEARANCE by Molly Mauck on behalf of Capital Plastics International, Inc...(Mauck, Molly)
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Filing 4
NOTICE OF APPEARANCE by Nicole Haff on behalf of Capital Plastics International, Inc...(Haff, Nicole)
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Filing 3
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Capital Plastics International, Inc...(Haff, Nicole)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Haff, Nicole) Modified on 10/21/2021 (vf).
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of Orange. Case Number: EF006361-2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25221065).Document filed by Capital Plastics Int'l, Inc. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Notice of Filing Notice of Removal).(Haff, Nicole)
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