1:18-cv-07040 - Godinger Silver Art Co Ltd v. 101 Deep Eddy LLC et al.

Detail

Case Number

1:18-cv-07040

Current Status

closed

Cause of Action

Declaratory Judgment

Related Case(s)

N/A

Court

New York Southern District Court

Plaintiff(s)

Godinger Silver Art Co Ltd

Operating Company

Defendant(s)

101 Deep Eddy LLC

Chambong Industries LLC

Judge

Gregory H. Woods

Filing Date

2018-08-06

Termination Date

2019-03-01

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Dockets
Text
CIVIL DOCKET
UPDATED CIVIL DOCKET
ORDER. On February 8, 2019 the Court held a teleconference to discuss Plaintiffs motion to amend the complaint. For the reasons, and to the extent, articulated on the record at that conference, the Court defers adjudication of Plaintiffs motion to amend the complaint until the Court has decided Defendants pending motion to dismiss. See Dkt. No. 33. (HEREBY ORDERED by Judge Gregory H. Woods on February 12, 2019) (Text Only Order)(Daniels, Anthony) (Entered: 02/12/2019)
COMPLAINT against Chambong Industries LLC. (Filing Fee $ 400.00, Receipt Number 0208-15412731)Document filed by Godinger Silver Art Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ferrari, Lisa) (Entered: 08/06/2018)
NOTICE of Proof of Notice of Pretrial Conference and Courts Individual Rules. Document filed by Godinger Silver Art Ltd.. (Attachments: # 1 Attachment)(Ferrari, Lisa) (Entered: 10/19/2018)
AMENDED COMPLAINT amending 1 Complaint against Chambong Industries LLC, 101 Deep Eddy LLC.Document filed by Godinger Silver Art Ltd.. Related document: 1 Complaint. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ferrari, Lisa) (Entered: 10/31/2018)
NOTICE of Proof of Notice of Pretrial Conference and Courts Individual Rules. Document filed by Godinger Silver Art Ltd.. (Attachments: # 1 Attachment)(Ferrari, Lisa) (Entered: 10/31/2018)
DECLARATION of Edward M. Weisz in Support re: 20 MOTION for Order to Show Cause .. Document filed by Godinger Silver Art Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ferrari, Lisa) (Entered: 11/12/2018)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss for Lack of Jurisdiction . Document filed by 101 Deep Eddy LLC. Responses due by 1/16/2019 (Attachments: # 1 Notice of Motion, # 2 Text of Proposed Order Proposed Order, # 3 Exhibit Declaration Jalichandra)(Nur-Vaccaro, Firouzeh) Modified on 1/18/2019 (ldi). (Entered: 12/26/2018)
LETTER MOTION for Leave to File First Amended Complaint as to Defendant 101 Deep Eddy LLC addressed to Judge Gregory H. Woods from Lisa A. Ferrari dated January 30, 2019. Document filed by Godinger Silver Art Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Ferrari, Lisa) (Entered: 01/30/2019)
DECLARATION of Chaim Lefkowitz in Opposition re: 33 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Godinger Silver Art Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pavane, Martin) (Entered: 01/30/2019)
CIVIL COVER SHEET filed. (Ferrari, Lisa) (Entered: 08/06/2018)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Godinger Silver Art Ltd..(Ferrari, Lisa) (Entered: 08/06/2018)
REQUEST FOR ISSUANCE OF SUMMONS as to Chambong Industries LLC, re: 1 Complaint. Document filed by Godinger Silver Art Ltd.. (Ferrari, Lisa) (Entered: 08/06/2018)
AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Ferrari, Lisa) (Entered: 08/06/2018)
AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (pc) (Entered: 08/07/2018)
ELECTRONIC SUMMONS ISSUED as to Chambong Industries LLC. (pc) (Entered: 08/07/2018)
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/16/2018 at 04:40 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods; and as further set forth in this Order. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/17/2018) (anc) (Entered: 10/17/2018)
REQUEST FOR ISSUANCE OF SUMMONS as to 101 Deep Eddy LLC, re: 10 Amended Complaint. Document filed by Godinger Silver Art Ltd.. (Ferrari, Lisa) (Entered: 10/31/2018)
ELECTRONIC SUMMONS ISSUED as to 101 Deep Eddy LLC. (sj) (Entered: 11/01/2018)
AFFIDAVIT OF SERVICE of Summons and Complaint. Chambong Industries LLC served on 11/1/2018, answer due 11/23/2018. Service was accepted by Craig Allen, Governor. Document filed by Godinger Silver Art Ltd.. (Ferrari, Lisa) (Entered: 11/07/2018)
ORDER re: 10 Amended Complaint filed by Godinger Silver Art Ltd. Federal Rule of Civil Procedure 4(m) requires that Plaintiff serve its complaint within 90 days of the date on which it filed its complaint. In this case, Plaintiff was required to serve the complaint no later than November 4, 2018. Accordingly, Plaintiff is hereby ORDERED TO SHOW CAUSE no later than November 12, 2018 as to why this action should not be dismissed for failure to serve within the 90 day period prescribed by Rule 4(m). Plaintiff is directed to serve this order on Defendant, and to retain proof of service. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/8/2018) (kv) (Entered: 11/08/2018)
NOTICE OF APPEARANCE by Firouzeh Nur-Vaccaro on behalf of 101 Deep Eddy LLC. (Nur-Vaccaro, Firouzeh) (Entered: 11/08/2018)
LETTER MOTION to Adjourn Conference addressed to Judge Gregory H. Woods from Firouzeh Nur-Vaccaro, Esq. dated November 8, 2018. Document filed by 101 Deep Eddy LLC.(Nur-Vaccaro, Firouzeh) (Entered: 11/08/2018)
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. 101 Deep Eddy LLC served on 11/6/2018, answer due 11/27/2018. Service was accepted by Alvin Sayre, registered agent. Document filed by Godinger Silver Art Ltd.. (Ferrari, Lisa) (Entered: 11/08/2018)
ORDER granting in part and denying in part 17 Letter Motion to Adjourn Conference. Application granted in part and denied in part. The application to adjourn the initial pre-trial conference is denied. The deadline to submit the documents described in the Courts October 17, 2018 Order is extended to November 14, 2018. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/9/2018) (anc) (Entered: 11/09/2018)
MOTION for Order to Show Cause . Document filed by Godinger Silver Art Ltd..(Ferrari, Lisa) (Entered: 11/12/2018)
ORDER: Plaintiff has shown cause that this case should not be dismissed for failure to timely serve the complaint pursuant to Federal Rule of Civil Procedure 4(m). The Clerk of Court is directed to terminate the motion pending at Dkt. No. 20. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/13/2018) (jca) (Entered: 11/13/2018)
JOINT LETTER addressed to Judge Gregory H. Woods from Lisa A. Ferrari dated November 14, 2018 re: status of the case. Document filed by Godinger Silver Art Ltd..(Ferrari, Lisa) (Entered: 11/14/2018)
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Chambong Industries LLC. Document filed by Godinger Silver Art Ltd.. Proposed document to be reviewed and processed by Clerks Office staff (No action required by chambers).. (Ferrari, Lisa) (Entered: 11/19/2018)
NOTICE OF VOLUNTARY DISMISSAL AS TO CHAMBONG INDUSTRIES LLC: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Godinger Silver Art, Ltd., hereby voluntarily dismisses all claims brought in this action against Defendant Chambong Industries LLC without prejudice and without costs to any party. Plaintiff has filed a notice of dismissal as to Defendant Chambong Industries LLC. The Clerk of Court is directed to terminate Defendant Chambong Industries LLC and remove it from the caption of this case. Chambong Industries LLC terminated. (Signed by Judge Gregory H. Woods on 11/20/2018) (mro) (Entered: 11/20/2018)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent 101 Commerce, Inc. for 101 Deep Eddy LLC. Document filed by 101 Deep Eddy LLC.(Nur-Vaccaro, Firouzeh) (Entered: 11/30/2018)
LETTER addressed to Judge Gregory H. Woods from Firouzeh Nur-Vaccaro dated 11/30/18 re: Request for Pre-Motion Conference. Document filed by 101 Deep Eddy LLC.(Nur-Vaccaro, Firouzeh) (Entered: 11/30/2018)
LETTER MOTION for Extension of Time to File Response/Reply as to 29 Order,,, In Response to Motion to Dismiss Doc. No. 30 addressed to Judge Gregory H. Woods from Lisa A. Ferrari, Esq. dated 01/14/2019. Document filed by Godinger Silver Art Ltd..(Ferrari, Lisa) (Entered: 01/14/2019)
ORDER granting 31 Letter Motion for Extension of Time to File Response/Reply. Application granted. The deadline for Plaintiff to serve its opposition is extended to January 30, 2019. The deadline for Defendant to serve its reply, if any, is extended to February 6, 2019. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/14/2019) (anc) (Entered: 01/14/2019)
MOTION to Dismiss for Lack of Jurisdiction . Document filed by 101 Deep Eddy LLC.(Nur-Vaccaro, Firouzeh) (Entered: 01/18/2019)
MEMORANDUM OF LAW in Support re: 33 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by 101 Deep Eddy LLC. (Nur-Vaccaro, Firouzeh) (Entered: 01/18/2019)
PROPOSED ORDER. Document filed by 101 Deep Eddy LLC. Related Document Number: 33 . (Nur-Vaccaro, Firouzeh) Proposed Order to be reviewed by Clerks Office staff. (Entered: 01/18/2019)
DECLARATION of Richard Jalichandra in Support re: 33 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by 101 Deep Eddy LLC. (Nur-Vaccaro, Firouzeh) (Entered: 01/18/2019)
NOTICE OF APPEARANCE by Martin Brian Pavane on behalf of Godinger Silver Art Ltd.. (Pavane, Martin) (Entered: 01/30/2019)
RESPONSE in Opposition to Motion re: 33 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Godinger Silver Art Ltd.. (Pavane, Martin) (Entered: 01/30/2019)
ORDER denying without prejudice 38 Letter Motion for Leave to File Document. Application denied without prejudice. The Court declines to act on this request without the benefit of Defendants views on these issues. Defendant is directed to respond to this letter no later than February 4, 2019. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/31/2019) (anc) (Entered: 01/31/2019)
LETTER RESPONSE in Opposition to Motion addressed to Judge Gregory H. Woods from Firouzeh Nur-Vaccaro dated 2/4/19 re: 38 LETTER MOTION for Leave to File First Amended Complaint as to Defendant 101 Deep Eddy LLC addressed to Judge Gregory H. Woods from Lisa A. Ferrari dated January 30, 2019. . Document filed by 101 Deep Eddy LLC. (Nur-Vaccaro, Firouzeh) (Entered: 02/04/2019)
REPLY MEMORANDUM OF LAW in Support re: 33 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by 101 Deep Eddy LLC. (Nur-Vaccaro, Firouzeh) (Entered: 02/06/2019)
LETTER addressed to Judge Gregory H. Woods from Firouzeh Nur-Vaccaro dated February 7, 2019 re: Permission for Counsel to Join Call. Document filed by 101 Deep Eddy LLC.(Nur-Vaccaro, Firouzeh) (Entered: 02/07/2019)
NOTICE OF APPEARANCE by Alanna Miller on behalf of Godinger Silver Art Ltd.. (Miller, Alanna) (Entered: 02/07/2019)
MEMO ENDORSEMENT on re: 45 Letter filed by 101 Deep Eddy LLC. ENDORSEMENT: Application granted in part. The Court will permit Mr. Warden to audit the conference by telephone. However, The Court expects that counsel of record will be prepared to discuss all matters related to the case. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/7/2019) (anc) (Entered: 02/08/2019)
ORDER: Accordingly, it is hereby ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal; and as further set forth herein. The Clerk of Court is further directed to terminate all pending motions, adjourn all remaining dates, and to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/1/2019) (anc) (Entered: 03/01/2019)
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) 101 Deep Eddy LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Godinger Silver Art Ltd.. Proposed document to be reviewed and processed by Clerks Office staff (No action required by chambers)..(Ferrari, Lisa) (Entered: 03/01/2019)
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