Natural Essentials Inc. v. Olympia Sports Company, Inc.
| Natural Essentials Inc. |
| Olympia Sports Company, Inc. |
| 7:2022cv03397 |
| April 26, 2022 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Contract: Other |
| 28 U.S.C. § 1332 ct Diversity-(Citizenship) |
| None |
Docket Report
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| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #29 Stipulation of Voluntary Dismissal,, was reviewed and referred to Judge Kenneth M. Karas for approval for the following reason(s): the voluntary dismissal contained language that the "Court retains jurisdiction";. (nd) |
| Filing 29 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Olympia Sports Company, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Natural Essentials Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Attachments: #1 Exhibit A - Settlement Agreement & General Release).(Kogan, Laura) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Laura Kogan. RE-FILE Document No. #28 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (tp) |
| Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Olympia Sports Company, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Natural Essentials Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Attachments: #1 Exhibit A - Settlement Agreement & General Release).(Kogan, Laura) Modified on 8/18/2022 (tp). |
Filing 27
ORDER OF DISMISSAL... It is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty days day period to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are denied. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/25/22) (yv)
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| Filing 26 LETTER addressed to Judge Kenneth M. Karas from Laura E. Kogan dated July 22, 2022 re: settlement reached in principle. Document filed by Natural Essentials Inc...(Kogan, Laura) |
| NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 7:21-cv-04279-KMK. Notice of Assignment to follow. (vba) |
| Magistrate Judge Judith C. McCarthy 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. (vba) |
| Filing 25 NOTICE OF APPEARANCE by Gayle Melody Dampf on behalf of Olympia Sports Company, Inc...(Dampf, Gayle) |
| Filing 24 CASE TRANSFERRED IN from the United States District Court - District of Ohio Northern; Case Number: 5:21-cv-00823. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (laq) |
| CASE REFERRED TO Judge Kenneth M. Karas as possibly related to 7:21-cv-4279. (laq) |
| Case Designated ECF. (laq) |
| 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. (laq) |
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Filing 23
Order of Transfer: For the reasons set forth in the contemporaneously filed Memorandum Opinion and Order, the Clerk is directed to transfer this case to the United States District Court for the Southern District of New York. Judge Bridget Meehan Brennan on 4/22/2022. (V,AR) [Transferred from Ohio Northern on 4/26/2022.]
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| Filing 22 Memorandum Opinion and Order: For the reasons set forth herein, Defendant's Motion to change/transfer venue to the United States District Court for the Southern District of New York #13 is GRANTED. The Clerk is directed to transfer this case to the United States District Court for the Southern District of New York. Judge Bridget Meehan Brennan on 4/22/2022. (V,AR) [Transferred from Ohio Northern on 4/26/2022.] |
| IMPORTANT: Notice [non-document] of Status Conference set for 4/22/2022 at 10:00 AM to be held telephonically before Judge Bridget Meehan Brennan. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on the line, plaintiff's counsel is to place the call to the Chambers of the Honorable Bridget Meehan Brennan at (216) 357-7200. (R,AP) [Transferred from Ohio Northern on 4/26/2022.] |
| Reassignment of Magistrate Judge pursuant to General Order 2021-15. In the event of a referral, case will be assigned to Magistrate Judge Amanda M. Knapp. (S,He) [Transferred from Ohio Northern on 4/26/2022.] |
| Case reassigned to District Judge Bridget Meehan Brennan pursuant to General Order 2022-04. Assignment to Judge David A. Ruiz terminated due to conflict with law firm Benesch, Friedlander, Coplan & Aronoff. (S,HR) [Transferred from Ohio Northern on 4/26/2022.] |
| Case reassigned to District Judge David A. Ruiz pursuant to General Order 2022-03. (R,EM) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 21 Reply in support of #19 Motion for leave to file Instanter Plaintiff's Surreply in opposition to Defendant's mislabeled motion to dismiss filed by Natural Essentials Inc.. (Kogan, Laura) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 20 Opposition to #19 Motion for leave to file Instanter Plaintiff's Surreply in opposition to Defendant's mislabeled motion to dismiss filed by Olympia Sports Company, Inc.. (Schuster, Richard) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 19 Motion for leave to file Instanter Plaintiff's Surreply in opposition to Defendant's mislabeled motion to dismiss filed by Plaintiff Natural Essentials Inc.. Related document(s) #16 . (Attachments: #1 Exhibit A- Surreply in Opposition to Defendant's Mislabeled Motion to Dismiss)(Kogan, Laura) Modified text on 9/7/2021 (M,TL). [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 18 Reply in support of #16 Motion for judgment on the pleadings filed by Olympia Sports Company, Inc.. (Schuster, Richard) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 17 Opposition to #16 Motion for judgment on the pleadings filed by Natural Essentials Inc.. (Attachments: #1 Exhibit A - A-5 - Declaration and Email Communications)(Kogan, Laura) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 16 Motion for judgment on the pleadings filed by Defendant Olympia Sports Company, Inc.. (Schuster, Richard) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 15 Reply in support of #13 Motion to change/transfer venue to the United States District Court for the Southern District of New York filed by Olympia Sports Company, Inc.. (Attachments: #1 Second Affidavit of Roger Heumann, #2 Exhibit Notice of Removal, #3 Exhibit Direct Flights Between NY and Dubai, #4 Exhibit Natural Essentials' Webpage, #5 Exhibit Natural Essentials' Company Profile) (Schuster, Richard) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 14 Opposition to #13 Motion to change/transfer venue to the United States District Court for the Southern District of New York filed by Natural Essentials Inc.. (Attachments: #1 Exhibit A- Notice of Removal, #2 Exhibit B- Bryan Pellegrino Declaration, #3 Exhibit C- Jacob Youngman Declaration)(Kogan, Laura) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 13 Motion to change/transfer venue to the United States District Court for the Southern District of New York, with memorandum in support filed by Defendant Olympia Sports Company, Inc.. Exhibits included with main document: Exhibit A - Summons and Notice filed in the Supreme Court action; Exhibit B - Notice of Removal in Supreme Court Action; Exhibit C - Civil Cove Sheet; Exhibit D - Affidavit of Roger Heumann (Schuster, Richard). Modified on 8/11/21, filer notified exhibits should be filed as attachments (H,SP) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 12 Answer to #1 Complaint,, filed by Olympia Sports Company, Inc.. (Schuster, Richard) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 11 Attorney Appearance by Richard D. Schuster filed by on behalf of Olympia Sports Company, Inc.. (Schuster, Richard) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 10 Marginal Entry Order granting in part and denying in part Defendant's #8 Motion for Extension of Time to Answer. Defendant Olympia Sports Company, Inc. shall answer or otherwise respond to Plaintiff's complaint on or before 7/12/2021. Judge John R. Adams on 07/01/2021.(M,TL) [Transferred from Ohio Northern on 4/26/2022.] |
| Copy of #10 Order on Motion for extension of time to answer mailed to Olympia Sports Company, Inc., c/o Roger Heumann, President, 281 Fields Lane, Brewster, NY 10509 on 07/01/2021. (M,TL) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 9 Response to #8 Motion for extension of time until 07/22/2021 to answer filed by Natural Essentials Inc.. (Kogan, Laura) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 8 Motion for extension of time until 07/22/2021 to answer #1 Complaint filed by Defendant Olympia Sports Company, Inc. (M,TL) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 7 Marginal Entry Order granting Defendant's #5 Motion for Extension of Time to Answer (re #5 ). Olympia Sports Company, Inc. answer due 6/24/2021. Judge John R. Adams on 5/17/21.(K,C) [Transferred from Ohio Northern on 4/26/2022.] |
| Copy of #7 Order on Motion for extension of time to answer mailed to Olympia Sports Company, Inc. at 281 Fields Lane, Brewster, NY 10509 on 5/20/21. Related document(s) #7 . (K,C) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 6 Response to #5 Motion for extension of time until 06/24/2021 to answer Contained in Letter of Mr. Roger Heumann filed by Natural Essentials Inc.. (Kogan, Laura) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 5 Motion for extension of time until 06/24/2021 to answer Plaintiff's #1 Complaint filed by Defendant Olympia Sports Company, Inc. (M,TL) (Additional attachment(s) added on 5/12/2021: #1 Envelope) (M,TL). [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 4 Return of Service by personal service executed upon Olympia Sports Company, Inc. on 4/20/2021, filed on behalf of Natural Essentials Inc. (Kogan, Laura) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 3 Original Summons and Magistrate Consent Form issued for service upon Olympia Sports Company, Inc. (Attachments: #1 Magistrate Consent Form) (M,TL) [Transferred from Ohio Northern on 4/26/2022.] |
| Judge John R. Adams assigned to case. (M,TL) [Transferred from Ohio Northern on 4/26/2022.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (M,TL) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 2 Corporate Disclosure Statement filed by Natural Essentials Inc.. (Boxer, Yelena) [Transferred from Ohio Northern on 4/26/2022.] |
| Filing 1 Complaint for damages against Olympia Sports Company, Inc. Filing fee paid $ 402, Receipt number AOHNDC-10787576.. Filed by Natural Essentials Inc.. (Attachments: #1 Exhibit A- Agreement, #2 Exhibit B- Email Exchange, #3 Exhibit C- Email Exchange, #4 Exhibit D- Email Exchange, #5 Exhibit E- Email Exchange, #6 Exhibit F- Email Exchange, #7 Exhibit G- Email Exchange, #8 Exhibit H- Email Exchange, #9 Exhibit I- Email Exchange, #10 Exhibit J- Email Exchange, #11 Exhibit K- Email Exchange, #12 Exhibit L- Letter Correspondence from Natural Essentials to Olympia, #13 Civil Cover Sheet, #14 Summons) (Boxer, Yelena) [Transferred from Ohio Northern on 4/26/2022.] |
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