Hunter Douglas Window Designs LLC v. Silverberg
Plaintiff: Hunter Douglas Window Designs LLC
Defendant: Al Silverberg
Case Number: 7:2022cv08044
Filed: September 20, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Nelson Stephen Roman
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc Diversity-Breach of Contract
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 15, 2022 Opinion or Order Filing 18 ORDER terminating #14 Letter Motion for Conference re: #14 FIRST LETTER MOTION for Conference (Pre-Motion) addressed to Judge Nelson Stephen Roman from Michael Einbinder dated 11/04/2022. The Court is in receipt of the attached letters from Defendant Al Silverberg, dated November 4, 2022 and November 10, 2022 which seek a pre-motion conference for leave to file a motion to compel arbitration or, in the alternative, dismiss this action for lack of personal jurisdiction. (See ECF Nos. 14, 17.) The Court is also in receipt of the response letter from the Plaintiff Hunter Douglas Window Designs, LLC, dated November 10, 2022. (ECF No. 16.) The Court notes that Defendant's letters indicate that the parties are undertaking mediation, which commences on November 15, 2022. To the extent that the mediation resolves the parties' dispute, the parties are directed to inform the Court whether they still intend on engaging in motion practice. With regards to Defendant's pre-motion conference request, the Court waives the pre-motion conference requirement and directs the parties to the following briefing schedule on Defendant's proposed motion: Defendant is directed to serve (not file) opening papers on or before December 15, 2022; Plaintiff is directed to serve (not filed) opposition papers on or before January 14, 2023; Defendant is directed to serve reply papers on or before January 30, 2023. The parties are directed to file the papers on the reply date, January 30, 2023. The parties are also directed to mail two courtesy copies to chambers and one electronic copy as the papers are served. The Clerk of the Court is kindly directed to terminate the motion at ECF No. 14. (Signed by Judge Nelson Stephen Roman on 11/15/2022) (ate)
November 15, 2022 Set/Reset Deadlines: Motions due by 1/30/2023. (ate)
November 10, 2022 Filing 17 LETTER REPLY to Response to Motion addressed to Judge Nelson Stephen Roman from Michael Einbinder dated 11/10/2022 re: #14 FIRST LETTER MOTION for Conference (Pre-Motion) addressed to Judge Nelson Stephen Roman from Michael Einbinder dated 11/04/2022. . Document filed by Al Silverberg..(Einbinder, Michael)
November 10, 2022 Filing 16 LETTER RESPONSE in Opposition to Motion addressed to Judge Nelson Stephen Roman from Richard T. Marooney, Esq. dated 11/10/2022 re: #14 FIRST LETTER MOTION for Conference (Pre-Motion) addressed to Judge Nelson Stephen Roman from Michael Einbinder dated 11/04/2022. . Document filed by Hunter Douglas Window Designs LLC..(Marooney, Richard)
November 6, 2022 Filing 15 MEMO ENDORSEMENT on re: #14 FIRST LETTER MOTION for Conference (Pre-Motion) addressed to Judge Nelson Stephen Roman from Michael Einbinder dated 11/04/2022. filed by Al Silverberg. ENDORSEMENT: Plaintiff is directed to respond to Defendant's pre-motion letter on or before Nov. 10, 2022. ( Responses due by 11/10/2022) (Signed by Judge Nelson Stephen Roman on 11/6/2022) (ate)
November 4, 2022 Filing 14 FIRST LETTER MOTION for Conference (Pre-Motion) addressed to Judge Nelson Stephen Roman from Michael Einbinder dated 11/04/2022. Document filed by Al Silverberg. (Attachments: #1 Exhibit 2017 Unit Purchase Agreement [Redacted], #2 Exhibit Loan Agreement, #3 Exhibit Promissory Note, #4 Exhibit 2021 Unit Purchase Agreement).(Einbinder, Michael)
October 20, 2022 Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - WRONG CASE CERTIFICATE OF GOOD STANDING REQUEST. Request for Certificate of Good Standing for attorney Prachee Sawant Admitted on 10/11/2022 SDNY Bar ID Number 5940630. Certificate of Good Standing to be emailed. (Filing Fee $ 20.00, Receipt Number ANYSDC-26848154)(Sawant, Prachee) Modified on 10/21/2022 (aea).
October 7, 2022 Filing 12 NOTICE OF APPEARANCE by Mackenzie Lynn Dimitri on behalf of Al Silverberg..(Dimitri, Mackenzie)
October 7, 2022 Opinion or Order Filing 11 MEMO ENDORSEMENT on re: #9 Letter, filed by Al Silverberg. ENDORSEMENT: Defendant's consented-to request is GRANTED. Defendant is directed to file an answer or otherwise respond to Plaintiffs complaint on or before November 5, 2022. Defendant is directed to Judge Roman's Individual Rule 3(A)(iii) should it seek a pre-motion conference or anticipates submitting a motion. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/7/2022) (jca)
October 7, 2022 Filing 10 NOTICE OF APPEARANCE by Nicolette Vasile on behalf of Al Silverberg..(Vasile, Nicolette)
October 7, 2022 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael Einbinder to RE-FILE Document #7 Notice of Appearance, #8 Notice of Appearance. ERROR(S): Wrong Attorney login. Please login to each individual Pacer account when refiling. (kj)
October 7, 2022 Set/Reset Deadlines: Al Silverberg answer due 11/5/2022. (jca)
October 6, 2022 Filing 9 CONSENT LETTER addressed to Judge Nelson Stephen Roman from Michael Einbinder dated 10/06/2022 re: Request For Extension of Time to Answer or Otherwise Move In Response To Plaintiff's Complaint. Document filed by Al Silverberg..(Einbinder, Michael)
October 4, 2022 Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - WRONG ATTORNEY LOGIN-NOTICE OF APPEARANCE by Michael Einbinder on behalf of Al Silverberg..(Einbinder, Michael) Modified on 10/7/2022 (kj).
October 4, 2022 Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - WRONG ATTORNEY LOGIN- NOTICE OF APPEARANCE by Michael Einbinder on behalf of Al Silverberg..(Einbinder, Michael) Modified on 10/7/2022 (kj).
October 4, 2022 Filing 6 NOTICE OF APPEARANCE by Michael Einbinder on behalf of Al Silverberg..(Einbinder, Michael)
September 21, 2022 Filing 5 ELECTRONIC SUMMONS ISSUED as to Al Silverberg..(pc)
September 21, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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..(pc)
September 21, 2022 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. (pc)
September 21, 2022 Case Designated ECF. (pc)
September 20, 2022 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hunter Douglas NV for Hunter Douglas Window Designs LLC. Document filed by Hunter Douglas Window Designs LLC..(Marooney, Richard)
September 20, 2022 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Al Silverberg, re: #1 Complaint. Document filed by Hunter Douglas Window Designs LLC..(Marooney, Richard)
September 20, 2022 Filing 2 CIVIL COVER SHEET filed..(Marooney, Richard)
September 20, 2022 Filing 1 COMPLAINT against Al Silverberg. (Filing Fee $ 402.00, Receipt Number ANYSDC-26708727)Document filed by Hunter Douglas Window Designs LLC..(Marooney, Richard)

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Plaintiff: Hunter Douglas Window Designs LLC
Represented By: Richard T. Marooney, Jr
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Defendant: Al Silverberg
Represented By: Michael Einbinder
Represented By: Mackenzie Lynn Dimitri
Represented By: Nicolette Vasile
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