8 Lane Investment, Inc v. GenTech Scientific, Inc. et al
| 8 Lane Investment, Inc doing business as VRX Labs |
| GenTech Scientific Inc, John Doe I and John Doe II |
| 1:2023cv00234 |
| March 16, 2023 |
| US District Court for the Western District of New York |
| Leslie G Foschio |
| William M Skretny |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
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Filing 35
ORDER. Each party, including any party appearing for themselves without counsel, shall provide to the court, either jointly or separately, a proposed case management order not later than 6/20/2023 for the purpose of entry of a case management order as required by Fed.R.Civ.P. 16(b). Upon receipt of the proposed case management orders, a Scheduling Order will be prepared and filed by the court. Signed by Hon. Leslie G. Foschio on 5/9/2023. (SDW)
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| Remark. Copy of Order (Document Number 35) mailed to Charles Vethan, Kathryn Porter Canale, and Mark Melo. (SDW) |
| Filing 34 TEXT REFERRAL ORDER. Hon. Leslie G. Foschio, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. SO ORDERED. Issued by William M. Skretny, United States District Judge on 5/8/2023. (JCM) |
| Filing 33 Mail Returned as Undeliverable. Admission Verification Requested sent to Charles M R Vethan. (JLV) |
| Filing 32 ANSWER to Complaint by GenTech Scientific Inc.(DeMichiel, Jessica) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JLV) |
| Filing 31 NOTICE of Appearance by David Michael Goodman on behalf of GenTech Scientific Inc (Goodman, David) |
| Filing 30 NOTICE of Appearance by Jessica Marie DeMichiel on behalf of GenTech Scientific Inc (DeMichiel, Jessica) |
| ATTENTION ALL PARTIES OR INTERVENORS: Pursuant to Fed. R. Civ. P. 7.1 and/ or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Corporate Disclosure Statements are to be filed with the first appearance, pleading, petition, motion, response, or other request addressed to the court. (KM) |
| Filing 29 Case transferred in from District of California Central; Case Number 8:22-cv-01686. |
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Filing 28
MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS OR TRANSFER #14 AND TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF NEW YORK by Judge Fred W. Slaughter: In sum, the court grants Defendant's motion to transfer this case under Section 1404, denies without prejudice Defendant's motion to dismiss Plaintiff's complaint wholesale on statute of limitations grounds, and therefore transfers this action to the United States District Court, Western District of New York. Granting in Part, Denying in Part #14 MOTION to Dismiss Case or Transfer. SEE DOCUMENT FOR DETAILS. ( MD JS-6. Case Terminated ) (es) [Transferred from cacd on 3/16/2023.]
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| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (CGJ) |
| Filing 27 Joint STIPULATION for Joinder in Notice of Assignment of Panel Mediator(ADR-11) #26 Letter to Hon. Fred W. Slaughter filed by plaintiff 8 Lane Investment, Inc.(Vethan, Charles) [Transferred from cacd on 3/16/2023.] |
| Filing 26 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Jean-Paul Menard has been assigned to serve as Panel Mediator. (lst) [Transferred from cacd on 3/16/2023.] |
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Filing 25
ORDER ON PRETRIAL AND TRIAL PROCEDURES (CIVIL CASES) by Judge Fred W. Slaughter. (mku) [Transferred from cacd on 3/16/2023.]
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Filing 24
MINUTES SCHEDULING ORDER by Judge Fred W. Slaughter: The Court, having reviewed the pleadings and the parties' submissions pursuant to FRCP 26(f), VACATES the Scheduling Conference set for 1/12/2023 and sets the following schedule: Jury Trial set for 3/12/2024 at 8:30 AM. Final Pretrial Conference and Hearing on Motions in Limine set for 2/29/2024 at 8:30 AM. Last Date to Hear Motion to Amend Pleadings/Add Parties: 6/22/2023. Non-Expert Discovery Cut-Off: 10/26/2023. Last Date to Hear Motions: 12/7/2023. Deadline to Complete Settlement Conference: 12/21/2023. Motions in Limine with Proposed Orders: 2/8/2024. Joint Proposed Final Pretrial Conference Order: 2/15/2024. (See document for further information). (jp) Modified on 12/29/2022 (mku). [Transferred from cacd on 3/16/2023.]
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| Filing 23 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff 8 Lane Investment, Inc.. (Attachments: #1 Joint Schedule of Pretrial and Trial Worksheet)(Vethan, Charles) [Transferred from cacd on 3/16/2023.] |
| Filing 22 SCHEDULING NOTICE by Judge Fred W. Slaughter: Before the Court is Defendant's Motion to Dismiss Case Pursuant to FRCP 12(b)(6), or Alternatively, to Dismiss Per FRCP 12(b)(3), or Transfer Venue Pursuant to 28 U.S.C. 1404 #14 . The Court finds this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78(b); C.D. Cal. R. 7-15. Accordingly, the hearing set for December 1, 2022, at 10:00 a.m. is VACATED and the Court takes the matter UNDER SUBMISSION. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY [Transferred from cacd on 3/16/2023.] |
| Filing 21 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to FRCP 12(b)(6), or alternatively, to dismiss per FRCP 12(b)(3), or transfer venue pursuant to 28 U.S.C. 1404 #14 filed by Defendant GenTech Scientific, Inc.. (Attachments: #1 Declaration of MIM, #2 Exhibit A to Dec of MIM, #3 Exhibit B to Dec of MIM)(Canale, Kathryn) [Transferred from cacd on 3/16/2023.] |
| Filing 20 PLAINTIFFS OPPOSITION TO DEFENDANT GENTECH SCIENTIFIC, INC.S MOTION TO DISMISS PURSUANT TO FRCP RULE 12(b)(6) Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to FRCP 12(b)(6), or alternatively, to dismiss per FRCP 12(b)(3), or transfer venue pursuant to 28 U.S.C. 1404 #14 filed by Plaintiff 8 Lane Investment, Inc. (Attachments: #1 Proposed Order)(Vethan, Charles) [Transferred from cacd on 3/16/2023.] |
| Filing 19 CERTIFICATE and NOTICE of Interested Parties filed by Plaintiff 8 Lane Investment, Inc, (Vethan, Charles) [Transferred from cacd on 3/16/2023.] |
| Filing 18 CERTIFICATE and NOTICE of Interested Parties filed by Defendant GenTech Scientific, Inc., identifying GenTech Scientific, Inc.. (Canale, Kathryn) [Transferred from cacd on 3/16/2023.] |
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Filing 17
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge Fred W. Slaughter. Scheduling Conference set for 1/12/2023 at 9:00 a.m. See Order for details. (mku) [Transferred from cacd on 3/16/2023.]
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| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to FRCP 12(b)(6), or alternatively, to dismiss per FRCP 12(b)(3), or transfer venue pursuant to 28 USC 1404 filed by Defendant GenTech Scientific, Inc #14 . The following error(s) was/were found: (1) No notice of interested parties. (2) Counsel must comply with Local Rule 7.1-1. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (jp) [Transferred from cacd on 3/16/2023.] |
| Filing 15 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (car) [Transferred from cacd on 3/16/2023.] |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to FRCP 12(b)(6), or alternatively, to dismiss per FRCP 12(b)(3), or transfer venue pursuant to 28 U.S.C. 1404 filed by Defendant GenTech Scientific, Inc.. Motion set for hearing on 12/1/2022 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: #1 Supplement Notice of Motion, #2 Declaration of Kathryn Canale, #3 Declaration of Clair D. Bragg, #4 Exhibit A to Bragg Decl., #5 Exhibit B to Bragg Decl., #6 Proposed Order) (Canale, Kathryn) [Transferred from cacd on 3/16/2023.] |
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Filing 13
ORDER GRANTING The Parties' Stipulation to Extend Time to Respond to Complaint #11 ; ORDER DISCHARGING Order to Show Cause #10 by Judge Fred W. Slaughter the following: (1) The time to answer, move, or otherwise respond to the Complaint in the above-captioned matter is EXTENDED to and including 10/26/2022. (2) The Order to Show Cause issued by the court on 10/14/2022 #10 , is hereby DISCHARGED. (jp) [Transferred from cacd on 3/16/2023.]
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| Filing 12 RESPONSE filed by Plaintiff 8 Lane Investment, Inc Court's Order to Show Cause (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Vethan, Charles) [Transferred from cacd on 3/16/2023.] |
| Filing 11 STIPULATION for Extension of Time to File Defendant to Respond to Plaintiff's Complaint as to Complaint (Attorney Civil Case Opening), #1 filed by plaintiff 8 Lane Investment, Inc. (Attachments: #1 Proposed Order)(Vethan, Charles) [Transferred from cacd on 3/16/2023.] |
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Filing 10
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE Re Dismissal for Lack of Prosecution by Judge Fred W. Slaughter: The Court, on its own motion, hereby ORDERS plaintiff, to show cause in writing no later than 10/21/2022, why this action should not be dismissed for lack of prosecution. (See document for further information). (jp) [Transferred from cacd on 3/16/2023.]
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| Filing 9 PROOF OF SERVICE Executed by Plaintiff 8 Lane Investment, Inc, upon Defendant GenTech Scientific, Inc. served on 9/21/2022, answer due 10/12/2022. Service of the Summons and Complaint were executed upon GenTech Scientific, Inc. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Vethan, Charles) [Transferred from cacd on 3/16/2023.] |
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Filing 8
CIVIL STANDING ORDER by Judge Fred W. Slaughter. (mku) [Transferred from cacd on 3/16/2023.]
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| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant GenTech Scientific, Inc. (car) [Transferred from cacd on 3/16/2023.] |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) [Transferred from cacd on 3/16/2023.] |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from cacd on 3/16/2023.] |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Fred W. Slaughter and Magistrate Judge Karen E. Scott. (car) [Transferred from cacd on 3/16/2023.] |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff 8 Lane Investment, Inc d/b/a VRX Labs. (Vethan, Charles) [Transferred from cacd on 3/16/2023.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff 8 Lane Investment, Inc d/b/a VRX Labs. (Vethan, Charles) [Transferred from cacd on 3/16/2023.] |
| Filing 1 COMPLAINT with filing fee previously paid (402 paid on 09/14/2022, receipt number 33983376), filed by plaintiff 8 Lane Investment, Inc d/b/a VRX Labs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Attorney Charles M R Vethan added to party 8 Lane Investment, Inc d/b/a VRX Labs(pty:pla))(Vethan, Charles) [Transferred from cacd on 3/16/2023.] |
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