Avi & Co NY Corp v. Channeladvisor Corporation
| Avi & Co NY Corp |
| Channeladvisor Corporation |
| 5:2023cv00255 |
| May 12, 2023 |
| US District Court for the Eastern District of North Carolina |
| Brian S Meyers |
| Richard E Myers |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on June 6, 2023. A more recent docket listing may be available from PACER.
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Filing 36
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 6/6/2023. (Copy of order mailed to counsel of record for Plaintiff.) (McNally, Kimberly)
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| Motion Submitted to Chief U.S. District Judge Richard E. Myers II regarding #17 Motion to Dismiss. (McNally, Kimberly) |
| DISREGARD - ENTERED IN ERROR SECOND Notice to Counsel. Counsel has not fully complied with Local Rule 5.3(a), e.g. the filing of state court pleadings and related documents. On or before 6/8/2023, counsel is directed to make the appropriate filings. (McNally, Kimberly) |
| Filing 35 Notice filed by Channeladvisor Corporation Certificate of Filing of Notice of Removal. (Attachments: #1 Exhibit A to Certificate of Filing) (Roether, Jeffrey) |
| Filing 34 Notice filed by Channeladvisor Corporation Supplemental Removal Cover Sheet. (Roether, Jeffrey) |
| Notice to Counsel. In accordance with the Local Rules, counsel is directed to file a supplemental removal cover sheet as well as any other documents required under Local Rule 5.3(a) that have not already been filed. Counsel should make the appropriate filings with this court on or before 5/31/2023. (McNally, Kimberly) |
| Filing 33 Notice of Appearance filed by Shannon R. Joseph on behalf of Channeladvisor Corporation. (Joseph, Shannon) |
| Filing 32 Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. (Rudd, D.) |
| Filing 31 Case transferred in from District of New York Southern. Case Number 1:22-cv-10599. Transfer order and docket sheet obtained from transferring district. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of North Carolina.(rro) [Transferred from New York Southern on 5/12/2023.] |
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Filing 30
OPINION AND ORDER: re: #13 MOTION to Transfer Case filed by Channeladvisor Corporation, #17 MOTION to Dismiss filed by Channeladvisor Corporation. "[A] valid forum-selection clause should be given controlling weight in all but the most exceptional cases." At/. Marine Constr. Co., 571 U.S. at 63 (alteration and citation omitted). For the foregoing reasons, and because A vi has not met its burden to show exceptional circumstances here, Channel Advisor's motion to transfer venue pursuant to 28 U.S.C. 1404, at docket 13, is granted. The Clerk of Court is respectfully directed to terminate all pending motions and transfer this case to the Eastern District of North Carolina, Western Division. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/05/2023) (ama) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 5/12/2023.]
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| Filing 29 REPLY MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss . . Document filed by Channeladvisor Corporation..(Roether, Jeffrey) [Transferred from New York Southern on 5/12/2023.] |
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time to File Response/Reply re #27 LETTER MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss . addressed to Judge Paul A. Engelmayer from Jeffrey L. Roether dated April 13, 2023. Granted. Channel Advisor's reply is due April 20, 2023. SO ORDERED. United States Replies due by 4/20/2023.. (Signed by Judge Paul A. Engelmayer on 4/13/2023) (rro) [Transferred from New York Southern on 5/12/2023.]
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| Filing 27 LETTER MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss . addressed to Judge Paul A. Engelmayer from Jeffrey L. Roether dated April 13, 2023. Document filed by Channeladvisor Corporation..(Roether, Jeffrey) [Transferred from New York Southern on 5/12/2023.] |
| Filing 26 LETTER addressed to Judge Paul A. Engelmayer from Emanuel Kataev, Esq. dated April 11, 2023 re: courtesy copies of Plaintiff's memorandum of law & declaration in opposition to Defendant's motion to transfer venue and to dismiss for failure to state a claim upon which relief can be granted pursuant to 3(E) of this Court's Individual Rules and Practices in Civil Cases. Document filed by Avi & Co NY Corp..(Kataev, Emanuel) [Transferred from New York Southern on 5/12/2023.] |
| Filing 25 REPLY MEMORANDUM OF LAW in Support re: #13 MOTION to Transfer Case . . Document filed by Channeladvisor Corporation..(Roether, Jeffrey) [Transferred from New York Southern on 5/12/2023.] |
| Filing 24 DECLARATION of Karen Ali in Opposition re: #13 MOTION to Transfer Case .. Document filed by Avi & Co NY Corp..(Kataev, Emanuel) [Transferred from New York Southern on 5/12/2023.] |
| Filing 23 MEMORANDUM OF LAW in Opposition re: #13 MOTION to Transfer Case ., #17 MOTION to Dismiss . . Document filed by Avi & Co NY Corp..(Kataev, Emanuel) [Transferred from New York Southern on 5/12/2023.] |
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time to File. The Court has received plaintiff's request for an extension, The Court is dismayed by plaintiff's failure to meet its deadline to respond to the motion to transfer. The Court will permit plaintiff to be heard, but, in light of plaintiffs failure to request an extension before the deadline had passed, is prepared to grant only a limited extension. Plaintiff's opposition to the motion to transfer is due April 6, 2023. Defendant's reply, if any, is due April 13. The Court respectfully directs the Clerk of the Court to vacate the order at docket 20 and reopen the motion to transfer at docket 13. The Court will retain this case, pending the completion of briefing and its renewed resolution of the motion to transfer.. (Signed by Judge Paul A. Engelmayer on 3/30/2023) (rro) [Transferred from New York Southern on 5/12/2023.]
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| Filing 21 LETTER MOTION for Extension of Time to File opposition and reply papers to Defendant's motion addressed to Judge Paul A. Engelmayer from Emanuel Kataev, Esq. dated March 30, 2023. Document filed by Avi & Co NY Corp..(Kataev, Emanuel) [Transferred from New York Southern on 5/12/2023.] |
| Set/Reset Deadlines: Responses due by 4/6/2023 Replies due by 4/13/2023. (rro) [Transferred from New York Southern on 5/12/2023.] |
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Filing 20
Vacated as per Judge's Order dated 3/30/2023, Doc. #22 ORDER granting #13 Motion to Transfer Case. For the foregoing reasons-and because "a valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases," Atl. Marine, 571 U.S. at 63 (alteration in original) (citation omitted), and Avi has not made any showing, let alone met its burden, that exceptional circumstances exist here-Channeladvisor's motion to transfer venue pursuant to 28 U.S.C. 1404 is granted. The Clerk of Court is respectfully directed to terminate the motion at docket 13 and transfer this case to the Eastern District of North Carolina, Western Division. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/30/23) (yv) Transmission to Office of the Clerk of Court for processing. Modified on 3/30/2023 (rro). [Transferred from New York Southern on 5/12/2023.]
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Filing 19
ORDER: On March 2, 2023, defendant filed a motion to transfer venue under 28 U.S.C. 1404(a), Dkt. 13, and a memorandum oflaw, Dkt. 16, and declarations, Dkts. 14-15, in support. The Court orders plaintiff to file a response by March 23, 2023. Defendant's reply, if any, is due March 29, 2023. SO ORDERED., ( Responses due by 3/23/2023, Replies due by 3/29/2023.) (Signed by Judge Paul A. Engelmayer on 3/09/2023) (ama) [Transferred from New York Southern on 5/12/2023.]
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| Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss . . Document filed by Channeladvisor Corporation..(Roether, Jeffrey) [Transferred from New York Southern on 5/12/2023.] |
| Filing 17 MOTION to Dismiss . Document filed by Channeladvisor Corporation..(Roether, Jeffrey) [Transferred from New York Southern on 5/12/2023.] |
| Filing 16 MEMORANDUM OF LAW in Support re: #13 MOTION to Transfer Case . . Document filed by Channeladvisor Corporation..(Roether, Jeffrey) [Transferred from New York Southern on 5/12/2023.] |
| Filing 15 DECLARATION of Jeffrey L. Roether in Support re: #13 MOTION to Transfer Case .. Document filed by Channeladvisor Corporation. (Attachments: #1 Exhibit A - EDNC County List, #2 Exhibit B - Current Judicial Vacancies).(Roether, Jeffrey) [Transferred from New York Southern on 5/12/2023.] |
| Filing 14 DECLARATION of Richard Cornetta in Support re: #13 MOTION to Transfer Case .. Document filed by Channeladvisor Corporation. (Attachments: #1 Exhibit A - Statement of Work for Digital Marketing, #2 Exhibit B - Statement of Work for Managed Marketplaces, #3 Exhibit C - Master Services Agreement, #4 Exhibit D - Master Services Agreement, #5 Exhibit E - Amendment 1 to Statement of Work, #6 Exhibit F - Amendment 2 to Statement of Work, #7 Exhibit G - Amendment 3 to Statement of Work).(Roether, Jeffrey) [Transferred from New York Southern on 5/12/2023.] |
| Filing 13 MOTION to Transfer Case . Document filed by Channeladvisor Corporation..(Roether, Jeffrey) [Transferred from New York Southern on 5/12/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Emanuel Kataev to RE-FILE Document No. #12 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) [Transferred from New York Southern on 5/12/2023.] |
| Filing 12 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU COMPLAINT against Channeladvisor Corporation. Document filed by Avi & Co NY Corp..(Kataev, Emanuel) Modified on 2/1/2023 (sj). [Transferred from New York Southern on 5/12/2023.] |
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time to Answer re #10 LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Engelmayer from Jeffrey L. Roether dated 12/21/2022.. Granted. Plaintiffs amended complaint is due January 31, 2023. ChannelAdvisor's response, including any motion to transfer venue, is due March 2, 2023. In light of this revised schedule, the initial conference scheduled for February 13, 2023, Dkt. 6, is adjourned. The Court wishes counsel a happy holiday season and new year. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/21/2022) (tg) [Transferred from New York Southern on 5/12/2023.]
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| Filing 10 LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Engelmayer from Jeffrey L. Roether dated 12/21/2022. Document filed by Channeladvisor Corporation..(Roether, Jeffrey) [Transferred from New York Southern on 5/12/2023.] |
| Set/Reset Deadlines: ( Amended Pleadings due by 1/31/2023., Motions due by 3/2/2023.) (tg) [Transferred from New York Southern on 5/12/2023.] |
| Filing 9 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CommerceHub, Inc. for Channeladvisor Corporation. Document filed by Channeladvisor Corporation..(Roether, Jeffrey) [Transferred from New York Southern on 5/12/2023.] |
| Filing 8 NOTICE OF CHANGE OF ADDRESS by Jeffrey Lawrence Roether on behalf of Channeladvisor Corporation. New Address: Morningstar Law Group, 700 West Main Street, Durham, North Carolina, United States 27705, 9195900368..(Roether, Jeffrey) [Transferred from New York Southern on 5/12/2023.] |
| Filing 7 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CommerceHub, Inc. for Channeladvisor Corporation. Document filed by Channeladvisor Corporation..(Roether, Jeffrey) Modified on 12/16/2022 (lb). [Transferred from New York Southern on 5/12/2023.] |
| Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/13/2023 at 2:00 PM before Judge Paul A. Engelmayer. This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. (Signed by Judge Paul A. Engelmayer on 12/16/2022) (vfr) [Transferred from New York Southern on 5/12/2023.] |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Avi & Co NY Corp..(Kataev, Emanuel) [Transferred from New York Southern on 5/12/2023.] |
| Filing 4 NOTICE OF APPEARANCE by Emanuel Kataev on behalf of Avi & Co NY Corp..(Kataev, Emanuel) [Transferred from New York Southern on 5/12/2023.] |
| Magistrate Judge Sarah L. Cave 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) [Transferred from New York Southern on 5/12/2023.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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) [Transferred from New York Southern on 5/12/2023.] |
| Case Designated ECF. (pc) [Transferred from New York Southern on 5/12/2023.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeffrey Lawrence Roether. The party information for the following party/parties has been modified: Channeladvisor Corporation, Avi & Co NY Corp. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) [Transferred from New York Southern on 5/12/2023.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey Lawrence Roether. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Citizenship Plaintiff code 1 (Citizen of This State); Citizenship Defendant code 2 (Citizen of Another State); County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Citizenship Plaintiff code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) [Transferred from New York Southern on 5/12/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Jeffrey Lawrence Roether to RE-FILE Document No. #7 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the corporate disclosure statement is not correct; The PDF does not list any corporate parent/other affiliate;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) [Transferred from New York Southern on 5/12/2023.] |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Channeladvisor Corporation..(Roether, Jeffrey) [Transferred from New York Southern on 5/12/2023.] |
| Filing 2 CIVIL COVER SHEET filed..(Roether, Jeffrey) [Transferred from New York Southern on 5/12/2023.] |
| Filing 1 NOTICE OF REMOVAL from Civil Court, County of New York. Case Number: 654396/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-27093012).Document filed by Channeladvisor Corporation. (Attachments: #1 Exhibit Exhibit A to Notice of Removal).(Roether, Jeffrey) [Transferred from New York Southern on 5/12/2023.] |
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| Plaintiff: Avi & Co NY Corp | |
| Represented By: | Emanuel Kataev |
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| Defendant: Channeladvisor Corporation | |
| Represented By: | Shannon R. Joseph |
| Represented By: | Jeffrey Lawrence Roether |
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