Playwell Toy, Inc., et al v. Bureau Veritas, et al
Plaintiff: Playwell Toy, Inc. and Kmart Corporation
Defendant: Bureau Veritas Consumer Products Services, Inc., Bureau Veritas Consumer Products Services (Hong Kong) LTD., Acts Testing Labs, Inc., Acts Testing Labs (H.K.) LTD. and Bureau Veritas (a/k/a Bureau Veritas SA)
Case Number: 1:2003cv00704
Filed: September 18, 2003
Court: US District Court for the Western District of New York
Presiding Judge: John T Curtin
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on December 28, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 28, 2018 File is archived at the Federal Records Center. Location information: Accession RG 21 FY 17 Number 0336 Box 29 To obtain copies of documents for a fee, you may contact the Federal Records Center directly at their website: #http://www.archives.gov/frc/. They will require the location information contained in this entry. You may also contact the Clerks office to have the file shipped to the Court for your review or for copies of documents. Please refer to the current fee schedule to determine the cost to obtain documents or order the file for review. The fee schedule is located on our Public Web Site: #http://www.nywd.uscourts.gov/fee-schedule. (MNE)
November 5, 2009 Opinion or Order Filing 119 STIPULATION AND ORDER discontinuing this action against all defendants, with prejudice and on the merits. Signed by Hon. John T. Curtin on 11/4/2009. (JEC)
October 27, 2009 Filing 118 STIPULATION of Dismissal by Playwell Toy, Inc., Kmart Corporation. (Baldwin, Jesse)
March 23, 2009 Opinion or Order Filing 117 ORDER directing that all discovery be exchanged by 4/30/2009, and depositions be completed by 12/31/2009. Plaintiffs are directed to file amended responses to the motions to dismiss by 1/31/2010, and defendants may file replies by 2/28/2010. The court will then consider the motion submitted or set a date for oral argument. Signed by Hon. John T. Curtin on 3/16/2009. (JEC)
March 11, 2009 Filing 116 Minute Entry for proceedings held before Hon. John T. Curtin: Status Telephone Conference held on 3/11/2009 with counsel. After a discussion of the pending issues in this case, the court directed counsel to proceed forward with discovery. Order to follow. Appearances: Jesse Baldwin for Plaintiff; Joseph Welter and James Fitzpatrick for Defendants. Court time: 10:45 - 11:15 a.m. (JEC)
February 26, 2009 Filing 115 Letter from James C. Fitzpatrick, Esq., dated 2/25/2009, to Hon. John T. Curtin in response to Plaintiff's Letters of 2/17/2009 and 2/19/2009. (JEC)
February 26, 2009 NOTICE of Hearing: Status Telephone Conference set for 3/11/2009 at 10:45 a.m. before Hon. John T. Curtin. The court will initiate the call.(JEC)
February 20, 2009 Filing 114 Letter from Sheri L. Mooney, Esq., dated 2/19/2009, to Hon. John T. Curtin in response to #112 Letter of Joseph J. Welter dated 2/16/2009. (JEC)
February 19, 2009 Filing 113 Letter from Jesse B. Baldwin, Esq., dated 2/17/2009, to Hon. John T. Curtin re #111 Letter of James C. Fitzpatrick, Esq., dated 2/11/2009. (JEC)
February 19, 2009 Filing 112 Letter from Joseph J. Welter, Esq., dated 2/16/2009, to Hon. John T. Curtin in response to #110 Letter of Jesse Baldwin, Esq. dated 2/9/2009. (JEC) Modified on 2/19/2009 (JEC).
February 19, 2009 E-Filing Notification: Docket Entry 112 was modified to indicate that Letter of Jesse Baldwin, Esq. dated 2/9/2009 is Item 110. (JEC) (JEC)
February 13, 2009 Filing 111 Letter of James Fitzpatrick, Esq., dated 2/11/2009, to Hon. John T. Curtin in response to #109 Letter of Joseph J. Welter, Esq. and #110 Letter of Jesse B. Baldwin, Esq. (JEC)
February 11, 2009 Filing 110 Letter from Jesse B. Baldwin, Esq., dated 2/9/2009, to Hon. John T. Curtin in response to #109 Letter of Joseph J. Welter, Esq. (JEC)
February 6, 2009 Filing 109 Letter from Joseph J. Welter, Esq., dated 2/5/2009, to Hon. John T. Curtin requesting that the court issue a discovery scheduling order permitting the parties to conduct discovery until 5/29/2009. (JEC)
January 26, 2009 Filing 108 DECLARATION signed by Jesse B. Baldwin filed by Playwell Toy, Inc., Kmart Corporation in opposition to summary judgment motion filed by Playwell Toy, Inc., Kmart Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Certificate of Service)(Baldwin, Jesse)
January 26, 2009 Filing 107 AFFIDAVIT of Sal Incalcatera by Playwell Toy, Inc., Kmart Corporation filed by Playwell Toy, Inc., Kmart Corporation. (Baldwin, Jesse)
January 26, 2009 Filing 106 REPLY/RESPONSE to re #97 Statement of Facts Response to Rule 56 Statement filed by Playwell Toy, Inc., Kmart Corporation. (Baldwin, Jesse)
January 26, 2009 Filing 105 REPLY/RESPONSE to re #99 First MOTION to Dismiss Pursuant to FRCP 56 Response to Supplemental Rule 56 Statement filed by Playwell Toy, Inc., Kmart Corporation. (Baldwin, Jesse)
January 26, 2009 Filing 104 REPLY/RESPONSE to re #94 MOTION for Summary Judgment Response to Rule 56 Statement filed by Playwell Toy, Inc., Kmart Corporation. (Baldwin, Jesse)
January 26, 2009 Filing 103 STATEMENT OF FACTS by Playwell Toy, Inc., Kmart Corporation. (Baldwin, Jesse)
January 26, 2009 Filing 102 MEMORANDUM in Opposition re #95 MOTION for Summary Judgment, #94 MOTION for Summary Judgment filed by Playwell Toy, Inc., Kmart Corporation. (Attachments: #1 Certificate of Service)(Baldwin, Jesse)
January 9, 2009 Filing 101 TAKE NOTICE THAT pursuant to the #100 Letter of Sheri L. Mooney, Esq., and there being no opposition from Defense Counsel, the time for Plaintiffs' Counsel to file a Response to Defendants' Motion for Summary Judgment and/or Motion for Discovery is extended from 1/12/2009 until 1/26/2009. (Although the Letter indicates an extension until 1/20/2009, the court will assume that Plaintiffs' Counsel desires an extension until 1/26/2009 and will grant the extension until that date.) (JEC)
January 9, 2009 Filing 100 Letter from Sheri L. Mooney, Esq., dated 1/9/2009, to Hon. John T. Curtin requesting two-week extension to respond to Defendants' Motion for Summary Judgment. (JEC)
December 15, 2008 Filing 99 First MOTION to Dismiss Pursuant to FRCP 56 by Bureau Veritas Consumer Products Services, Inc.. (Attachments: #1 Affidavit Welter Support Motion, #2 Exhibit A Welter Aff, #3 Exhibit B Welter Aff, #4 Exhibit C Welter Aff, #5 Affidavit Declaration Lam Support, #6 Exhibit A Lam Dec, #7 Exhibit B Lam Dec, #8 Exhibit C Lam Dec, #9 Errata D Lam Dec, #10 Exhibit E Lam Dec, #11 Exhibit F Lam Dec, #12 Exhibit G Lam Dec, #13 Exhibit H Lam Dec, #14 Affidavit Myers Support, #15 Exhibit A Myers Aff, #16 Memorandum in Support, #17 Supplement Statement of Undisputed Facts, #18 Certificate of Service)(Welter, Joseph)
December 15, 2008 Filing 98 DECLARATION signed by Francois Tardan re #95 MOTION for Summary Judgment filed by Bureau Veritas (a/k/a Bureau Veritas SA) filed by Bureau Veritas (a/k/a Bureau Veritas SA). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Affidavit of Service via First Class Mail on December 15, 2008)(Fitzpatrick, James)
December 15, 2008 Filing 97 STATEMENT OF FACTS by Bureau Veritas (a/k/a Bureau Veritas SA) Related document: #95 Motion for Summary Judgment. (Attachments: #1 Affidavit of Service via First Class Mail on December 15, 2008)(Fitzpatrick, James)
December 15, 2008 Filing 96 MEMORANDUM in Support re #95 MOTION for Summary Judgment filed by Bureau Veritas (a/k/a Bureau Veritas SA). (Attachments: #1 Affidavit of Service via First Class Mail on December 15, 2008)(Fitzpatrick, James)
December 15, 2008 Filing 95 MOTION for Summary Judgment by Bureau Veritas (a/k/a Bureau Veritas SA). (Attachments: #1 Affidavit of Service via First Class Mail on December 15, 2008)(Fitzpatrick, James)
December 15, 2008 Filing 94 MOTION for Summary Judgment by Bureau Veritas Consumer Products Services (Hong Kong) LTD.. (Attachments: #1 Affidavit of Joseph J. Welter, #2 Statement of Undisputed Material Facts, #3 Affidavit /Declaration of Raymond Lam, #4 Memorandum in Support, #5 Certificate of Service)(Welter, Joseph)
December 11, 2008 Filing 93 NOTICE: Pursuant to the request of Defense Counsel, and there being no opposition by Plaintiff's Counsel, the time for the filing of dispositive motions shall be extended from 12/12/2008 until 12/15/2008. (JEC)
November 20, 2008 Pro Hac Vice fee: $75.00, receipt number 10264 for Marc Olivier Langlois (SG)
November 6, 2008 Opinion or Order Filing 92 STIPULATION AND ORDER granting the Motion to admit Marc-Olivier Langlois pro hac vice. Signed by Hon. John T. Curtin on 11/5/2008. (JEC)
October 30, 2008 Opinion or Order Filing 91 ORDER directing Defendants to file Motions for Summary Judgment by 12/12/2008. Plaintiffs shall file Response or move for additional discovery by 1/12/2009. The court will then consider the Motion submitted, issue appropriate Order regarding additional Discovery and/or Response, or set a date for Oral Argument. Signed by Hon. John T. Curtin on 10/30/2008. (JEC)
October 30, 2008 Filing 90 Minute Entry for proceedings held before Hon. John T. Curtin: Status Telephone Conference held on 10/30/2008 with Counsel. Defense Counsel informed the court that they intend to file Motions for Summary Judgment on the issues of piercing the corporate veil and successor liability. This may require some discovery on Plaintiff's part to respond to these motions. The court directed Defense Counsel to file such Motions within six weeks, and Plaintiff's Counsel will then have one month to request additional discovery under Rule 56 if necessary. The court will then schedule oral argument if necessary. Order to follow. Appearances: Sheri Mooney and Jesse Baldwin for Plaintiffs; Marc Langlois and Joseph Welter for Defendants. Court time: 10:35 - 11:05 a.m. (JEC)
October 29, 2008 Confirmed Admission to Virginia State Bar for attorney Marc-Olivier Langlois (SG)
October 23, 2008 Filing 89 MOTION for Marc-Olivier Langlois to Appear Pro Hac Vice by Bureau Veritas (a/k/a Bureau Veritas SA). (Attachments: #1 Declaration of James C. Fitzpatrick, #2 Declaration of Marc-Olivier Langlois, #3 Proposed Order, #4 Certificate of Service)(SG)
September 29, 2008 Filing 88 ANSWER to #53 Amended Complaint by Bureau Veritas Consumer Products Services, Inc..(Welter, Joseph)
September 19, 2008 Filing 87 MEMORANDUM AND OPINION denying Motions [63, 69, and 75] to Dismiss. A telephone conference shall be held on 10/30/2008 at 10:30 a.m. The court will initiate the call. Signed by Hon. John T. Curtin on 9/18/2008. (JEC)
July 24, 2008 Filing 86 AFFIDAVIT of Service for Summons and Complaint served on Bureau Veritas on 12/17/07, filed by Playwell Toy, Inc., Kmart Corporation. (Drury, Thomas)
June 5, 2008 Opinion or Order Filing 85 STIPULATION AND ORDER directing that Joseph Welter of Goldberg Segalla, LLP, be substituted as attorney for defendant Bureau Veritas Consumer Products Services, Inc. and Bureau Veritas Consumer Products Services (Hong Kong) in the place and stead of Jonathan E. Polonsky of Thelan Reid Brown Raysman & Steiner, LLP. Signed by Hon. John T. Curtin on 6/4/2008. (JEC)
May 22, 2008 Filing 84 STIPULATION Consent to Change Attorney (refiled at Clerk's request) by Bureau Veritas Consumer Products Services, Inc., Bureau Veritas Consumer Products Services (Hong Kong) LTD.. (Welter, Joseph)
May 22, 2008 E-Filing Notification: Document must contain signature of attroney from old firm and new firm in addition to the party; Document shall be refiled as a Stipulation; #83 NOTICE by Bureau Veritas Consumer Products Services, Inc. Substitution of Counsel (Welter, Joseph) (SG)
May 21, 2008 Filing 83 NOTICE by Bureau Veritas Consumer Products Services, Inc. Substitution of Counsel (Welter, Joseph)
February 7, 2008 Opinion or Order Filing 82 ORDER granting #81 Letter Request of James C. Fitzpatrick, Esq., for waiver of local counsel requirement. Defendant Bureau Veritas SA may proceed to litigate this matter without local counsel. Signed by Hon. John T. Curtin on 1/28/2008. (JEC)
January 24, 2008 Filing 81 Letter from James C. Fitzpatrick, Esq., dated 1/23/2008, to Hon. John T. Curtin re waiver of local counsel requirement. (JEC)
January 22, 2008 Filing 80 REPLY to Response to Motion re #69 MOTION to Dismiss Reply in Further Support filed by Bureau Veritas (a/k/a Bureau Veritas SA). (Attachments: #1 Certificate of Service via Electronic Mail and First Class Mail on January 22, 2008)(Fitzpatrick, James)
January 22, 2008 Filing 79 REPLY to Response to Motion re #63 MOTION to Dismiss the Amended Complaint filed by Bureau Veritas Consumer Products Services, Inc.. (Polonsky, Jonathan)
January 11, 2008 Filing 78 CERTIFICATE OF SERVICE by Playwell Toy, Inc., Kmart Corporation re #77 Memorandum in Opposition to Motion (Drury, Thomas)
January 11, 2008 Filing 77 MEMORANDUM in Opposition re #63 MOTION to Dismiss the Amended Complaint, #69 MOTION to Dismiss, #75 MOTION to Dismiss [Notice of Joinder in (#69) Motion to Dismiss] filed by Playwell Toy, Inc., Kmart Corporation. (Drury, Thomas)
January 10, 2008 Filing 76 NOTICE of Appearance by James Charles Fitzpatrick on behalf of Bureau Veritas (a/k/a Bureau Veritas SA) (Attachments: #1 Certificate of Service via First Class Mail and Electronic Mail on January 10, 2008)(Fitzpatrick, James)
January 10, 2008 Filing 75 MOTION to Dismiss [Notice of Joinder in (#69) Motion to Dismiss] by Bureau Veritas Consumer Products Services (Hong Kong) LTD.. (Attachments: #1 Certificate of Service)(Polonsky, Jonathan)
December 26, 2007 E-Filing Notification: #74 RESPONSE (Polonsky, Jonathan)**Document is a motion and needs to be filed as a "motion" using "motion" event. (DZ)
December 26, 2007 Filing 74 RESPONSE in Support re #63 MOTION to Dismiss the Amended Complaint (Notice of Joinder in Motion to Dismiss) filed by Bureau Veritas Consumer Products Services (Hong Kong) LTD.. (Polonsky, Jonathan)
December 26, 2007 E-Filing Notification: Attorney directed to refile document using the motion event to join #73 NOTICE by Bureau Veritas Consumer Products Services (Hong Kong) LTD. Notice of Joinder in Motion to Dismiss (Polonsky, Jonathan) (SG)
December 21, 2007 Filing 73 NOTICE by Bureau Veritas Consumer Products Services (Hong Kong) LTD. Notice of Joinder in Motion to Dismiss (Polonsky, Jonathan)
December 18, 2007 Filing 72 ANSWER to Amended Complaint by Bureau Veritas Consumer Products Services (Hong Kong) LTD.. (Attachments: #1 Certificate of Service)(Polonsky, Jonathan)
December 12, 2007 Opinion or Order Filing 71 ORDER noting that newly added Defendant Bureau Veritas SA will file motion to dismiss by 12/11/2007, and directing Plaintiffs to file Responses to both Motions to Dismiss by 1/11/2008. Defense Counsel may have until 1/21/2008 to file Replies if desired. The court directed Counsel to advise the court if they wish to have Oral Argument on these Motions. Signed by Hon. John T. Curtin on 12/10/2007. (JEC)
December 11, 2007 Filing 70 MEMORANDUM in Support re #69 MOTION to Dismiss filed by Bureau Veritas (a/k/a Bureau Veritas SA). (Attachments: #1 Certificate of Service via Electronic Mail on December 11, 2007)(Binder, Sarah)
December 11, 2007 Filing 69 MOTION to Dismiss by Bureau Veritas (a/k/a Bureau Veritas SA). (Attachments: #1 Certificate of Service via Electronic Mail on December 11, 2007)(Binder, Sarah)
December 11, 2007 Filing 67 Corporate Disclosure Statement by Bureau Veritas (a/k/a Bureau Veritas SA) identifying Wendel as Corporate Parent.. (Binder, Sarah)
December 11, 2007 Filing 66 ANSWER to Amended Complaint with Jury Demand by Bureau Veritas (a/k/a Bureau Veritas SA). (Attachments: #1 Certificate of Service via Electronic Mail on December 11, 2007)(Binder, Sarah)
December 10, 2007 Filing 68 Minute Entry for proceedings held before Judge John T. Curtin: Status Telephone Conference held on 12/10/2007 with Counsel. Defense Counsel for Bureau Veritas Consumer Products Services has filed a Motion to Dismiss (Item 63), and Defense Counsel for the newly added party, Bureau Veritas SA, stated that he desires to file a Motion to Dismiss by 12/11/2007. The court directed Plaintiffs to file Responses to both Motions by 1/11/2008, and Defense Counsel may have until 1/21/2008 to file Replies if desired. The court directed Counsel to advise the court if they wish to have Oral Argument on these Motions. Appearances: Sheri Mooney for Plaintiff; Jonathan Polansky and James Fitzpatrick for Defendants. Court time: 10:45 - 11:10 a.m.
December 5, 2007 NOTICE of Hearing: Status Telephone Conference set for 12/10/2007 10:30 AM before Hon. John T. Curtin, adjourned from 12/3/2007. The court will initiate the call.(JEC)
November 30, 2007 Filing 65 MEMORANDUM IN SUPPORT re #63 MOTION to Dismiss the Amended Complaint by Defendant Bureau Veritas Consumer Products Services, Inc. byBureau Veritas Consumer Products Services, Inc.. (Polonsky, Jonathan)
November 30, 2007 Filing 64 AFFIDAVIT re #63 MOTION to Dismiss the Amended Complaint (Jonathan E. Polonsky) by Bureau Veritas Consumer Products Services, Inc.. (Polonsky, Jonathan)
November 30, 2007 Filing 63 MOTION to Dismiss the Amended Complaint by Bureau Veritas Consumer Products Services, Inc..(Polonsky, Jonathan)
November 27, 2007 E-Filing Notification: #60 ORIGINAL AMENDED SUMMONS filed by Playwell Toy, Inc., Kmart Corporation. (Drury, Thomas) Text Modified on 11/28/2007 to indicate document is original amended summons and not a summons returned executed(DZ). (DZ)
November 27, 2007 Filing 62 SUMMONS Returned Executed by Playwell Toy, Inc., Kmart Corporation. (Drury, Thomas)
November 27, 2007 Filing 61 SUMMONS Returned Executed by Playwell Toy, Inc., Kmart Corporation. (Drury, Thomas)
November 27, 2007 Filing 60 ORIGINAL AMENDED SUMMONS filed by Playwell Toy, Inc., Kmart Corporation. (Drury, Thomas) Text Modified on 11/28/2007 to indicate document is original amended summons and not a summons returned executed(DZ).
November 21, 2007 Filing 59 Letter from Jonathan E. Plonsky, Esq., dated 11/19/2007, to Hon. John T. Curtin re adjournment of Telephone Conference scheduled for 11/29/2007. (JEC)
November 21, 2007 Filing 58 CERTIFICATE OF SERVICE by Playwell Toy, Inc., Kmart Corporation re #57 Statement of Facts Certificate of Refiling (Drury, Thomas)
November 21, 2007 Filing 57 STATEMENT OF FACTS Summary of Action by Playwell Toy, Inc., Kmart Corporation Related document: #53 Amended Complaint, #54 Amended Document. (Drury, Thomas)
November 21, 2007 NOTICE of Hearing: Status Telephone Conference set for 12/3/2007 10:00 AM before Hon. John T. Curtin, adjourned from 11/29/2007. The court will initiate the call.(JEC)
November 20, 2007 AMENDED Summons Issued as to Bureau Veritas (a/k/a Bureau Veritas SA), Bureau Veritas Consumer Products Services, Inc., Bureau Veritas Consumer Products Services (Hong Kong) LTD. (DZ)
November 20, 2007 E-Filing Notification: #55 STATEMENT OF FACTS (Drury, Thomas) **Document to be refiled in proper document format with case caption and case number; certificate of service required on refiled document**; Also please note [54} amended summons should only be efiled when it is returned executed. (DZ)
November 20, 2007 Filing 56 CERTIFICATE OF SERVICE by Playwell Toy, Inc., Kmart Corporation re #53 Amended Complaint, #55 Statement of Facts, #54 Amended Document (Drury, Thomas)
November 20, 2007 Filing 55 STATEMENT OF FACTS SUMMARY OF ACTION by Playwell Toy, Inc., Kmart Corporation Related document: #53 Amended Complaint, #54 Amended Document. (Drury, Thomas)
November 20, 2007 Filing 54 AMENDED DOCUMENT by Playwell Toy, Inc., Kmart Corporation. Amendment to #53 Amended Complaint Amended Summons. (Drury, Thomas)
November 20, 2007 Filing 53 AMENDED COMPLAINT against Bureau Veritas Consumer Products Services, Inc., Bureau Veritas Consumer Products Services (Hong Kong) LTD., filed by Playwell Toy, Inc., Kmart Corporation.(Drury, Thomas)
November 8, 2007 NOTICE of Hearing: Status Telephone Conference set for 11/29/2007 09:30 AM before Hon. John T. Curtin, adjourned from 11/26/2007.(JEC)
November 5, 2007 NOTICE of Hearing: Telephone Conference set for 11/26/2007 10:00 AM before Hon. John T. Curtin, adjourned from 11/8/2007. The court will initiate the call.(JEC)
October 23, 2007 NOTICE of Hearing: Status Telephone Conference set for 11/8/2007 11:15 AM before Hon. John T. Curtin, adjourned from 11/7/2007.(JEC)
September 28, 2007 Opinion or Order Filing 52 ORDER denying the Defendant's Motion to Dismiss the Contribution Claim applying the law of the State of Nebraska, and granting the Motion to Dismiss the implied contractual and common law indemnification claims. Plaintiff's Motion to Amend the Complaint to add a defendant is granted, and Plaintiffs are directed to replead the contribution claim consistent with Fed. R. Civ. P. 8(a). The court will conduct a telephone conference with counsel on 11/7/2007 at 10:15 a.m. to establish a discovery schedule and a deadline for the filing of an Amended Complaint. Signed by Judge John T. Curtin on 09/28/2007. (JEC)
January 26, 2007 Filing 51 HONORABLE HUGH B. SCOTTTEXT OF MINUTE ENTRYFor proceedings held before Magistrate Judge Hugh B. Scott:Thomas Drury, Esq., for plaintiffs; Jonathan Polonsky, Esq., for defendants (with client representative present)Settlement Conference held on 1/26/2007. Settlement not possible at this time. Parties exchanged offer and demand. (DRH)
December 12, 2006 Opinion or Order Filing 50 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER re #46 Order, Set Deadlines/Hearings, #47 OrderAt the request of defense counsel, Settlement Conference reset for Fri., 1/26/2007, 2:00 PM, before Hon. Hugh B. Scott. Settlement statements due 1/19/2007 in chambers of undersigned. So Ordered. Signed by Hon. Hugh B. Scott on 12/12/2006. (DRH)
December 1, 2006 Filing 49 NOTICE by Bureau Veritas Consumer Products Services, Inc. of law firm name change. (Polonsky, Jonathan)
December 1, 2006 Filing 48 NOTICE of Appearance by Jonathan Eric Polonsky on behalf of Bureau Veritas Consumer Products Services, Inc. (Polonsky, Jonathan)
November 8, 2006 Opinion or Order Filing 47 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER re #46 Order, Set Deadlines/HearingsSettlement statements are not to be electronically filed or electronically transmitted. They are to be sent to the chambers of the undersigned. Signed by Hon. Hugh B. Scott on 11/8/2006. (DRH)
November 6, 2006 Opinion or Order Filing 46 ORDER setting Settlement Conference for 1/5/2007 02:00 PM before Hon. Hugh B. Scott. See contents of order for pre-conference requirements. Signed by Hon. John T. Curtin on 11/06/2006. (JEC)
December 23, 2005 Filing 45 Letter from Jonathan E. Polonsky, dated 12/22/05, to Judge Curtin (DZ, )
December 23, 2005 Filing 44 REPLY/RESPONSE to re 43 Motion Hearing, Set Deadlines/Hearings,,,, filed by Playwell Toy, Inc., Kmart Corporation. (Attachments: #1 Exhibit A#2 Certificate of Service)(Mooney, Sheri)
December 12, 2005 Filing 43 Minute Entry for proceedings held before Judge John T. Curtin: Motion Hearing held on 12/12/2005 re #16 MOTION to Dismiss pursuant to FRCP Rule 12(b)(6) filed by Bureau Veritas Consumer Products Services, Inc. Counsel were directed to file letter briefs in support of their positions within 10-12 days, and the court will then consider the motion submitted. Appearances: Sheri Mooney and Jesse Baldwin for Plaintiff; Jonathan Polonsky for Defendants. Court time: 11:10 a.m. - 12:05 p.m. (Electronic Court Recorder Operator Janet Curry.)(JEC)
December 6, 2005 NOTICE of Hearing on Motion: Motion Hearing set for 12/12/2005 11:00 AM before Hon. John T. Curtin, rescheduled from 10:00 AM. (JEC)
November 9, 2005 NOTICE of Hearing: Motion Hearing set for 12/12/2005 10:00 AM before Hon. John T. Curtin. (JEC)
October 31, 2005 Filing 42 REPLY/RESPONSE to re #37 Order, Set Deadlines/Hearings requesting supplemental briefing, filed by Bureau Veritas Consumer Products Services, Inc.. (Fakler, Paul)
October 31, 2005 Filing 41 CERTIFICATE OF SERVICE by Playwell Toy, Inc., Kmart Corporation for Plaintiffs' Brief and Affidavit in Response to Court's Request for Further Briefing by the Court (Mooney, Sheri)
October 31, 2005 Filing 40 AFFIDAVIT in Support of Plaintiffs' Further Briefing Pursuant to the Court's Request by Playwell Toy, Inc., Kmart Corporation, Playwell Toy, Inc., Kmart Corporation filed by Playwell Toy, Inc., Kmart Corporation, Playwell Toy, Inc., Kmart Corporation. (Mooney, Sheri)
October 31, 2005 Filing 39 REPLY/RESPONSE to re #37 Order, Set Deadlines/Hearings Plaintiffs' Memorandum in Response to Court's Request for Further Briefing filed by Playwell Toy, Inc., Kmart Corporation. (Mooney, Sheri)
September 30, 2005 Opinion or Order Filing 38 ORDER granting an extension of time until 10/31/05 to file briefs. Signed by Hon. John T. Curtin on 9/29/05. (DZ, )
September 23, 2005 Opinion or Order Filing 37 ORDER directing counsel to file and serve supplemental memoranda addressing specific issues set forth in this order by 10/17/2005. The court will then set a date for oral argument. Signed by Hon. John T. Curtin on 09/22/2005. (JEC)
June 17, 2005 Filing 36 CERTIFICATE OF SERVICE by Playwell Toy, Inc., Kmart Corporation re #35 Reply/Response Motion to Dismiss/Amend (Mooney, Sheri)
June 17, 2005 Filing 35 REPLY/RESPONSE to re #31 Reply/Response, Motion to Dismiss/Amend filed by Playwell Toy, Inc., Kmart Corporation. (Mooney, Sheri)
June 13, 2005 Opinion or Order Filing 34 ORDER granting plaintiffs leave to file a sur-reply brief in further opposiiton to motion to dismiss pursuant to FRCP Rule 12(c). Signed by Hon. John T. Curtin on 6/7/05. (DZ, )
June 10, 2005 Opinion or Order Filing 33 ORDER granting plaintiffs permission to file their reply brief by 6/17/05. Signed by Hon. John T. Curtin on 6/4/05. (DZ, )
June 6, 2005 Opinion or Order Filing 32 ORDER setting oral argument for 7/27/2005 02:00 PM before Hon. John T. Curtin. If any further papers are to be filed, they shall be filed by 6/15/2005. Signed by Hon. John T. Curtin on 06/06/2005. (JEC)
May 26, 2005 Filing 31 REPLY/RESPONSE to re #26 Memorandum in Opposition to Motion, #16 MOTION to Dismiss pursuant to FRCP Rule 12(b)(6) returnable 11/30/2004, #17 Affidavit in Support of Motion,, #18 Memorandum in Support of Motion, #24 Affidavit in Opposition to Motion, #25 Continuation of Exhibits, Reply in Support of Motion to Dismiss and in Opposition to Motion to Amend Complaint filed by Bureau Veritas Consumer Products Services, Inc.. (Fakler, Paul)
May 24, 2005 Opinion or Order Filing 30 ORDER granting permission for defendant Bureau of Veritas Consumer Products Services, Inc. to file combined reply in support and brief in opposition, subject to the 25 page limit applicable to opposition briefs and terminating Attorneys Buzzeta and Butler and adding Paul Fakler, Esq. without local counsel as attorney for Bureau of Veritas Consumer Products Services, Inc.. Signed by Hon. John T. Curtin on 05/15/05. (SG, )
April 22, 2005 Opinion or Order Filing 29 ORDER granting an extension of time,until 5/26/05, for defendant Bureau Veritas to file their reply brief and response to plaintiffs' cross-motion . Signed by Hon. John T. Curtin on 4/20/05. (DZ, )
March 18, 2005 Set/Reset Deadlines: Replies due by 4/26/2005. (JEC)
March 18, 2005 TAKE NOTICE that upon the consent of all parties, the time for defendants to file their reply brief is extended from 3/25/2005 until 4/26/2005. (JEC)
March 9, 2005 E-Filing Notation: #28 STIPULATION **Letters are not to be e-filed unless directed to do so by chambers** (Butler, Jason) (DZ, )
March 9, 2005 Filing 28 STIPULATION and request for extension by Bureau Veritas Consumer Products Services, Inc.. (Butler, Jason)
February 11, 2005 Filing 27 CERTIFICATE OF SERVICE by Playwell Toy, Inc., Kmart Corporation re #26 Memorandum in Opposition to Motion, #24 Affidavit in Opposition to Motion, #25 Continuation of Exhibits, (Drury, Thomas)
February 11, 2005 Filing 26 MEMORANDUM in Opposition re #16 MOTION to Dismiss pursuant to FRCP Rule 12(b)(6) returnable 11/30/2004 filed by Playwell Toy, Inc., Kmart Corporation. (Drury, Thomas)
February 11, 2005 Filing 25 CONTINUATION OF EXHIBITS by Playwell Toy, Inc., Kmart Corporation. to #24 Affidavit in Opposition to Motion filed by Playwell Toy, Inc., Kmart Corporation. (Attachments: #1 Exhibit Exhibits A through F to Drury Affidavit in Opposition to Motion to Dismiss)(Drury, Thomas)
February 11, 2005 Filing 24 AFFIDAVIT of Plaintiffs in Opposition re #16 MOTION to Dismiss pursuant to FRCP Rule 12(b)(6) returnable 11/30/2004 filed by Playwell Toy, Inc., Kmart Corporation. (Drury, Thomas)
January 18, 2005 Filing 23 Letter from Sheri Mooney, dated 1/11/05, to Judge Curtin (DZ, )
January 12, 2005 Set/Reset Deadlines: Responses due by 2/11/2005; Replies due by 3/25/2005. (JEC)
January 12, 2005 TAKE NOTICE that upon the request of Plaintiffs' counsel and consent of Defense counsel, the time for Plaintiffs' counsel to file their response to Defendant's motion for summary judgment is extended until 2/11/2005, and the time for Defense counsel to file their reply papers is extended until 3/25/2005. (JEC)
December 3, 2004 Set Deadlines/Hearings: Responses to motion to dismiss due by 1/15/2004 (DZ, )
December 3, 2004 Filing 22 THIRD AMENDED STIPULATED DISCOVERY ORDER. Responses to motion to dismiss due by 1/15/2005, Replies due by 2/15/2005. Signed by Hon. Richard J. Arcara on 12/3/04. (JDK, )
November 30, 2004 TAKE NOTICE that the Telephone Conference scheduled in this matter for 12/06/2004 is canceled. (JEC)
November 29, 2004 Filing 21 STIPULATION Proposed Third Amended Stipulated Discovery Order by Bureau Veritas Consumer Products Services, Inc.. (Butler, Jason)
November 29, 2004 Filing 20 STIPULATION Letter To J. Arcara re: Third Amended Stipulated Discovery Order by Bureau Veritas Consumer Products Services, Inc.. (Butler, Jason)
November 22, 2004 Opinion or Order Filing 19 ORDER re #16 MOTION to Dismiss pursuant to FRCP Rule 12(b)(6) returnable 11/30/2004 filed by Bureau Veritas Consumer Products Services, Inc. The schedule set forth in the notice of motion shall be disregarded. Responses due by 12/17/2004; Replies due by 12/31/2004. The matter will then be taken under advisement. Signed by Hon. Richard J. Arcara on 11/22/2004. (JEC)
November 9, 2004 E-Filing Notation: #17 text modified to indicate document is an AFFIRMATION, not an affidavit. (DZ, )
November 9, 2004 Filing 18 MEMORANDUM in Support re #16 MOTION to Dismiss pursuant to FRCP Rule 12(b)(6) returnable 11/30/2004 filed by Bureau Veritas Consumer Products Services, Inc.. (Butler, Jason)
November 9, 2004 Filing 17 AFFIRMATION in Support re #16 MOTION to Dismiss pursuant to FRCP Rule 12(b)(6) returnable 11/30/2004 filed by Bureau Veritas Consumer Products Services, Inc.. (Attachments: #1 Exhibit A & B)(Butler, Jason) Modified on 11/10/2004 to indicate document is an affirmation, not an affidavit(DZ, ).
November 9, 2004 Filing 16 MOTION to Dismiss pursuant to FRCP Rule 12(b)(6) returnable 11/30/2004 by Bureau Veritas Consumer Products Services, Inc..(Butler, Jason)
November 3, 2004 Opinion or Order Filing 15 STIPULATION AND ORDER. Responses to interrogatories and document requests due by 11/30/2004; Depositions of all parties shall be noticed by 01/31/2005; and Third-party Subpoenas shall be issued by 02/15/2005. Signed by Hon. Richard J. Arcara on 11/01/04. (JEC)
October 22, 2004 Opinion or Order Filing 14 STIPULATION AND ORDER directing that responses to interrogatories and document requests shall be due on 10/31/2004; depositions of all parties shall be noticed by 12/31/2004; and third-party subpoenas shall be issued by 1/15/2005. Signed by Hon. Richard J. Arcara on 10/22/2004. (JEC)
May 13, 2004 Opinion or Order Filing 13 ORDER directing that discovery continue, and a Status Conference shall be held on 12/6/2004 10:15 AM before Hon. John T. Curtin. Discovery shall continue. A more detailed discovery order shall be submitted by counsel for the court's review and signature. Signed by Hon. John T. Curtin on 05/11/04. (JEC)
May 10, 2004 Filing 12 Minute Entry for proceedings held before Judge John T. Curtin: Status Conference held on 5/10/2004. Counsel requested that discovery continue, and that a further meeting be held in December to monitor the progress of discovery. That request was granted. The court set further telephone conference for December 6, 2004, at 10:15 a.m. Order to follow. Appearances: Sheri Mooney for Plaintiff; Jason Butler for Defendant. Court time: 10:10 - 10:15 a.m. (JEC)
February 2, 2004 Filing 11 CERTIFICATION AND AFFIRMATION OF SERVICE by Kmart Corporation and Playwell Toy, Inc. re #10 Amended Affidavit. (CMD)
January 30, 2004 Filing 10 AMENDED AFFIDAVIT OF COMPLIANCE with New York State Business Corporation Law by Kmart Corporation and Playwell Toy, Inc. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(CMD)
January 27, 2004 Filing 9 SUMMONS Returned Executed by Kmart Corporation and Playwell Toy, Inc. Bureau Veritas Consumer Products Services (Hong Kong) LTD. served on 11/27/2003, answer due 12/17/2003. (CMD)
November 24, 2003 Opinion or Order Filing 8 ORDER directing counsel to embark upon discovery promptly and scheduling aTelephone Conference for 5/10/2004 10:00 AM before Hon. John T. Curtin. Signed by Judge John T. Curtin on 11/20/03. (CMD)
November 17, 2003 Filing 7 Minute Entry for proceedings held before Judge John T. Curtin : Telephone Conference held on 11/17/2003. Counsel requested four months in which to complete preliminary discovery. The court granted this request and stated that it wll conduct a status conference with counsel on May 10, 2004. Order to follow. Appearances: Thomas Drury for Plaintiff; Daniel Buzzetta for Defendant. Court time: 10:30 - 10:35 a.m. (JEC, )
October 15, 2003 Set Hearings: Telephone Conference set for 11/17/2003 10:15 AM before Hon. John T. Curtin. (CMD)
October 8, 2003 Filing 6 ANSWER to Complaint with JURY DEMAND by Bureau Veritas Consumer Products Services, Inc.(CMD)
September 25, 2003 Opinion or Order Filing 5 ORDER granting [3-1] motion Pursuant to Local Rule 83.2(a) to Proceed without Local Counsel ( signed by Senior USDJ John T. Curtin ) Notice and copy of order sent to Daniel J. Buzzetta, Thomas J. Drury (CMD)
September 23, 2003 Filing 4 CERTIFICATE OF SERVICE by Bureau Veritas [3-1] motion Pursuant to Local Rule 83.2(a) to Proceed without Local Counsel (CMD)
September 22, 2003 Filing 3 MOTION by Bureau Veritas Pursuant to Local Rule 83.2(a) to Proceed without Local Counsel (CMD)
September 18, 2003 Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Bureau Veritas Consumer Products Services, Inc. (CMD)
September 18, 2003 Filing 1 NOTICE OF REMOVAL; FILING FEE $ 150.00 RECEIPT # 97988 (CMD)

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Search for this case: Playwell Toy, Inc., et al v. Bureau Veritas, et al
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Defendant: Bureau Veritas Consumer Products Services, Inc.
Represented By: Joseph J. Welter
Represented By: Daniel J. Buzzetta
Represented By: Jason M. Butler
Represented By: Jonathan Eric Polonsky
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Defendant: Bureau Veritas Consumer Products Services (Hong Kong) LTD.
Represented By: Joseph J. Welter
Represented By: Jonathan Eric Polonsky
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Defendant: Acts Testing Labs, Inc.
Represented By: Daniel J. Buzzetta
Represented By: Jason M. Butler
Represented By: Jonathan Eric Polonsky
Represented By: Joseph J. Welter
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Defendant: Acts Testing Labs (H.K.) LTD.
Represented By: Joseph J. Welter
Represented By: Jonathan Eric Polonsky
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Defendant: Bureau Veritas (a/k/a Bureau Veritas SA)
Represented By: James Charles Fitzpatrick
Represented By: Sarah Alexandra Binder
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Plaintiff: Playwell Toy, Inc.
Represented By: Thomas J. Drury
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Plaintiff: Kmart Corporation
Represented By: Thomas J. Drury
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