Belsito Communications, Inc. v. Dell, Inc. et al
New York Southern District Court, Case No. 7:12-cv-06255
District Judge Cathy Seibel, presiding
docket://gov.uscourts.nysd.7-12-cv-06255 (What is this?)

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No Logo Belsito Communications, Inc., Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Robert Nathan Isseks +1 845 344 4322 +1 845 341 1760 isseks@frontiernet.net
No Logo Belsito Communications, Inc. , Plaintiff

Toggle Switch Represented by Rosenberg & McKay

Name Phone Fax E-Mail
Kevin Daniel Bloom +1 845 561 6920 +1 845 561 0978 kbloom@hvc.rr.com

Toggle Switch Represented by THE PORTER LAW OFFICES

Name Phone Fax E-Mail
Robert Nathan Isseks +1 845 344 4322 +1 845 341 1760 isseks@frontiernet.net
v.
No Logo A.R.S. National Services, Inc., Defendant
No Logo Dell Direct Sales L.P., Defendant
No Logo Dell Financial Services L.l.c., Defendant
No Logo Dell Marketing, LP, Defendant
Dell Computer Corporation, Defendant

Toggle Switch Represented by Alston & Bird, LLP

Name Phone Fax E-Mail
John Felix Cambria +1 212 210 9583 +1 212 210 9401 jcambria@alston.com
Scott Austin Elder +1 404 881 7592 +1 404 881 7777 selder@alston.com
Christina Spiller +1 212 210 9540 +1 212 922 3940 christina.spiller@alston.com
Citation Section 28 U.S.C. § 1332
Nature of Suit 190 Contract: Other
  Entries (34) Calendar Events Related (0) Tools Right End
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PACER 33 Filed: 11/18/2013, Entered: None Court Filing
MEMO ENDORSEMENT on 32 Stipulation of Voluntary Dismissal. ENDORSEMENT: So Ordered. (Signed by Judge Cathy Seibel on 11/14/2013) (lnl) (Entered: 11/19/2013)
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PACER 32 Filed: 11/14/2013, Entered: None
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, against the defendant(s) Dell Financial Services, L.L.C. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Belsito Communications, Inc., Dell Financial Services, L.L.C..(Elder, Scott) (Entered: 11/14/2013)
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PACER 31 Filed: 9/24/2013, Entered: None
INTERNET CITATION NOTE: Material from decision with Internet citation re: 28 Memorandum & Opinion. (sj) (Entered: 11/06/2013)
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PACER 30 Filed: 10/18/2013, Entered: None Court Filing
ORDER: It having been reported to this Court that this case has been settled, IT IS HEREBY ORDERED that this action is discontinued with prejudice but without costs; provided, however, that if settlement is not consummated within thirty days of the date of this order, any party may apply by letter within the thirty-day period for restoration of the action to the calendar of the undersigned, in which event the action will be restored. SO ORDERED. (Signed by Judge Cathy Seibel on 10/18/2013) (lnl) (Entered: 10/21/2013)
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PACER 29 Filed: 9/24/2013, Entered: None Court Filing
STIPULATION EXTENDING TIME FOR DEFENDANT DELL FINANCIAL SERVICES, LLC TO ANSWER COMPLAINT AND FOR THE CONDUCTING OF DEPOSITIONS: Plaintiff Belsito Communications, Inc. and Defendant Dell Financial Services, LLC ("the Parties") by and through their attorneys of record, hereby stipulate as follows: 1. Defendant Dell Financial Services shall have twenty-one (21) days from the date of the denial of Plaintiffs Anticipated Motion to Amend the Complaint to Answer the original Complaint, or alternatively, twenty-one (21) days after Plaintiff filed its Amended Complaint to answer the Amended Complaint should the Court grant Plaintiffs Motion to Amend the Complaint; 2. Plaintiff and Defendant Dell Financial Services shall have until October 31, 2013, to complete depositions related to Plaintiffs anticipated application for class certification; 3. The deadline for Plaintiff to file its application for class certification shall be thirty days from the completion of the last Rule 30(b)(6) deposition and the depositions of Ms. Carrie Perkins and Ms. Jennifer Temple, if needed. If 30(b)(6) depositions and the depositions of Ms. Carrie Perkins and Ms. Jennifer Temple are completed prior to October 31, 2013, the deadline shall run from the date of completion rather than from October 31, 2013. SO ORDERED. (Deposition due by 10/31/2013) (Signed by Judge Cathy Seibel on 9/23/2013) (lnl) (Entered: 09/24/2013)
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PDF 28 Filed: 9/13/2013, Entered: None Court Filing
OPINION AND ORDER: Defendants' Motion to Dismiss is hereby GRANTED IN PART and DENIED IN PART, and Defendants' Motion to Strike Class Allegations is hereby DENIED. The Clerk of Court is directed to terminate the pending Motion, (Doc. 16), terminate A.R.S. National Services, Inc. as a defendant, and terminate Dell, Inc., Dell Marketing, L.P., and Dell Direct Sales, L.P. as defendants without prejudice. See Note 2, above. The remaining claims in the case are Plaintiff's breach of c ontract, breach of implied covenant of good faith and fair dealing, and defamation of credit claims against Dell Financial Services, L.L.C. The parties are directed to appear before me for a pre-motion conference on October 4, 2013, at 11:45 a.m. to discuss Plaintiff's request to amend. SO ORDERED. (Signed by Judge Cathy Seibel on 9/12/2013) (lnl)
PDF 28 Filed: 9/12/2013, Entered: None Court Filing
OPINION AND ORDER: Defendants' Motion to Dismiss is hereby GRANTED IN PART and DENIED IN PART, and Defendants' Motion to Strike Class Allegations is hereby DENIED. The Clerk of Court is directed to terminate the pending Motion, (Doc. 16), terminate A.R.S. National Services, Inc. as a defendant, and terminate Dell, Inc., Dell Marketing, L.P., and Dell Direct Sales, L.P. as defendants without prejudice. See Note 2, above. The remaining claims in the case are Plaintiff's breach of contract, breach of implied covenant of good faith and fair dealing, and defamation of credit claims against Dell Financial Services, L.L.C. The parties are directed to appear before me for a pre-motion conference on October 4, 2013, at 11:45 a.m. to discuss Plaintiff's request to amend. SO ORDERED. (Signed by Judge Cathy Seibel on 9/12/2013) (lnl) (Entered: 09/12/2013)
PACER 27 Filed: 9/12/2013, Entered: None Court Filing
LETTER addressed to Judge Cathy Seibel from Scott A. Elder, dated 8/23/2013, re: Counsel for Defendants writes in response to Plaintiff's August 20, 2013 pre-motion conference letter seeking leave to file a First Amended Complaint. For the reasons stated in this letter, Defendants oppose any amendment to the Complaint at this stage as any such amendment is futile and does not satisfy the requirements of Fed. R. Civ. P. 15. Document filed by A.R.S. National Services, Inc., Dell Direct Sales L.P., Dell Financial Services, L.L.C., Dell Marketing, L.P., Dell, Inc. (lnl) (Entered: 09/12/2013)
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PACER 26 Filed: 9/12/2013, Entered: None Court Filing
LETTER addressed to Judge Cathy Seibel from Kevin D. Bloom, dated 8/20/2013, re: Counsel for the Plaintiff writes this pre-motion letter pursuant to your Honor's Individual Rule of Practice 2A. The plaintiff seeks an Order granting leave to file and serve a First Amended Complaint premised upon information obtained from documents produced by the defendants Dell Inc. (Dell) and Dell Financial Services, L.L.C. (DFS). Document filed by Belsito Communications, Inc. (lnl) (Entered: 09/12/2013)
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PACER 25 Filed: 6/7/2013, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Cathy Seibel from Kevin D. Bloom, dated 6/6/2013, re: Counsel for plaintiff writes with the consent of opposing counsel for extensions of the Court's February 28, 2013 Discovery and Scheduling Order as set forth. ENDORSEMENT: Application Granted. So Ordered. (Deposition due by 9/13/2013. Discovery due by 9/13/2013. Motions due by 10/14/2013. Responses due by 11/14/2013.) (Signed by Judge Cathy Seibel on 6/6/2013) (lnl) (Entered: 06/10/2013)
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PACER 24 Filed: 4/26/2013, Entered: None Court Filing
STIPULATED ESI PROTOCOL: The parties agree to the following protocol for the production of electronically stored information as set forth. (Signed by Judge Cathy Seibel on 4/25/2013) (See STIPULATION as set forth) (lnl) (Entered: 04/29/2013)
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PACER 23 Filed: 4/24/2013, Entered: None Court Filing
STIPULATION AND ORDER OF CONFIDENTIALITY...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Cathy Seibel on 4/23/2013) (lnl) (Entered: 04/24/2013)
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PACER 22 Filed: 2/28/2013, Entered: None Court Filing
SCHEDULING ORDER: The case is to be tried to a jury. Joinder of Parties due by 5/1/2013. Amended Pleadings due by 5/1/2013. Discovery due by 7/1/2013. Deposition due by 7/1/2013. Plaintiff's Class Certification Motion due by 8/1/2013. Defendants' Responses due by 9/3/2013. SO ORDERED. (Signed by Judge Cathy Seibel on 2/27/2013) (lnl) (Entered: 02/28/2013)
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PACER 21 Filed: 2/28/2013, Entered: None Court Filing
Letter addressed to Judge Cathy Seibel from Scott A. Elder, dated 2/26/2013, re: Counsel for Defendants writes on behalf of both parties to inform the Court that the parties' mediation attempt on February 13, 2013 was unsuccessful and that mediation has run its course. Document filed by A.R.S. National Services, Inc., Dell Direct Sales L.P., Dell Financial Services, L.L.C., Dell Marketing, L.P., Dell, Inc. (lnl) (Entered: 02/28/2013)
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PACER 20 Filed: 2/12/2013, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 16 MOTION to Dismiss All Claims or, Alternatively, Strike Class Allegations Pursuant to Fed. R. Civ. P 12(b)(6) and Fed. R. Civ. P. 23(d)(1)(D). MOTION to Dismiss All Claims or, Alternatively, Strike Class Allegations Pursuant to Fed. R. Civ. P 12(b)(6) and Fed. R. Civ. P. 23(d)(1)(D).. Document filed by A.R.S. National Services, Inc., Dell Direct Sales L.P., Dell Financial Services, L.L.C., Dell Marketing, L.P., Dell, Inc.. (Elder, Scott) (Entered: 02/12/2013)
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PACER 19 Filed: 2/12/2013, Entered: None
MEMORANDUM OF LAW in Opposition re: 16 MOTION to Dismiss All Claims or, Alternatively, Strike Class Allegations Pursuant to Fed. R. Civ. P 12(b)(6) and Fed. R. Civ. P. 23(d)(1)(D). MOTION to Dismiss All Claims or, Alternatively, Strike Class Allegations Pursuant to Fed. R. Civ. P 12(b)(6) and Fed. R. Civ. P. 23(d)(1)(D).. Document filed by Belsito Communications, Inc.. (Isseks, Robert) (Entered: 02/12/2013)
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PACER 18 Filed: 2/12/2013, Entered: None
DECLARATION of Erin Towns in Support re: 16 MOTION to Dismiss All Claims or, Alternatively, Strike Class Allegations Pursuant to Fed. R. Civ. P 12(b)(6) and Fed. R. Civ. P. 23(d)(1)(D). MOTION to Dismiss All Claims or, Alternatively, Strike Class Allegations Pursuant to Fed. R. Civ. P 12(b)(6) and Fed. R. Civ. P. 23(d)(1)(D).. Document filed by A.R.S. National Services, Inc., Dell Direct Sales L.P., Dell Financial Services, L.L.C., Dell Marketing, L.P., Dell, Inc.. (Elder, Scott) (Entered: 02/12/2013)
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PACER 17 Filed: 2/12/2013, Entered: None
MEMORANDUM OF LAW in Support re: 16 MOTION to Dismiss All Claims or, Alternatively, Strike Class Allegations Pursuant to Fed. R. Civ. P 12(b)(6) and Fed. R. Civ. P. 23(d)(1)(D). MOTION to Dismiss All Claims or, Alternatively, Strike Class Allegations Pursuant to Fed. R. Civ. P 12(b)(6) and Fed. R. Civ. P. 23(d)(1)(D).. Document filed by A.R.S. National Services, Inc., Dell Direct Sales L.P., Dell Financial Services, L.L.C., Dell Marketing, L.P., Dell, Inc.. (Attachments: # 1 Exhibit A- Served Complaint (Pt 1), # 2 Exhibit A- Served Complaint (Pt 2))(Elder, Scott) (Entered: 02/12/2013)
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PACER 16 Filed: 2/12/2013, Entered: None
MOTION to Dismiss All Claims or, Alternatively, Strike Class Allegations Pursuant to Fed. R. Civ. P 12(b)(6) and Fed. R. Civ. P. 23(d)(1)(D). Document filed by A.R.S. National Services, Inc., Dell Direct Sales L.P., Dell Financial Services, L.L.C., Dell Marketing, L.P., Dell, Inc..(Elder, Scott) (Entered: 02/12/2013)
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PACER 15 Filed: 1/3/2013, Entered: None Court Filing
MEDIATION REFERRAL ORDER: that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.12 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. This action is eligible for mediation subject to the limitations and restrictions as noted: ALL ISSUES ARE ELIGIBLE. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 1/14/2013. Mediator Expertise Request due by 1/8/2013. (Signed by Judge Cathy Seibel on 1/2/2013) (lnl) (Entered: 01/03/2013)
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PACER 14 Filed: 12/26/2012, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Cathy Seibel from Scott A. Elder, dated 12/21/2012, re: Counsel for the Defendants writes with the consent of all parties: At the Court's pre-motion conference on December 6, 2012, the Court referred this case to mediation and set the following schedule for Defendants' motion to dismiss: Defendants' motion by December 31, 2012, Plaintiff's opposition by January 22, 2013, and Defendants' reply by February 5, 2013. If the Court is amenable, Defendants respectfully request that these deadlines be extended by one week to January 7, 2013, January 29, 2013, and February 12, 2013, respectively. Plaintiff has consented to this extension, which will not otherwise impact scheduling as all discovery in this case has been stayed pending the mediation. As discussed at the scheduling conference, the parties will serve motion papers pursuant to the schedule, and all papers will be filed with the Court only upon completion of the briefing. ENDORSEMENT: Application Granted. So Ordered. (Motions due by 1/7/2013. Responses due by 1/29/2013. Replies due by 2/12/2013.) (Signed by Judge Cathy Seibel on 12/21/2012) (lnl) (Entered: 12/26/2012)
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PACER 13 Filed: 11/20/2012, Entered: None Court Filing
Letter addressed to Judge Cathy Seibel from Kevin D. Bloom dated 11/16/2012 re: Plaintiff's counsel writes in response to the defendants' October 16, 2012, correspondence to the Court requesting a pre motion conference. Document filed by Belsito Communications, Inc.(rj) (Entered: 11/20/2012)
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PACER 12 Filed: 10/22/2012, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Cathy Seibel from Scott A. Elder, dated 10/18/2012, re: Counsel for the Defendants writes with consent of all parties to request that both case management and pre-motion conferences be consolidated either on an available date in November or on December 6, 2012. ENDORSEMENT: Application Granted. 10/23/2012 Conference is off; 12/6 will be next conference. So Ordered. (Signed by Judge Cathy Seibel on 10/19/2012) (12/6 Conf. has already been set) (lnl) (Entered: 10/23/2012)
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PACER 11 Filed: 10/17/2012, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Cathy Seibel from John F. Cambria, dated 10/16/2012, re: Counsel for the defendants writes to request a pre-motion conference for defendants' anticipated motion to dismiss plaintiff's claims or alternatively to strike plaintiffs' class allegations pursuant to FRCP 12(b)(6) and 23(d)(1)(D). ENDORSEMENT: Pre-motion conference to be held on: 12/6/2012 at 4:30 pm. Opposing party to state position (by letter not to exceed 3 pages) in writing one week in advance. So Ordered. (Pre-Motion Conference set for 12/6/2012 at 04:30 PM before Judge Cathy Seibel) (Signed by Judge Cathy Seibel on 10/17/2012) (lnl) (Entered: 10/18/2012)
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PACER 10 Filed: 10/17/2012, Entered: None Court Filing
ORDER granting 9 Motion for Scott A. Elder to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 10/17/2012)
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PACER 9 Filed: 10/16/2012, Entered: None
MOTION for Scott A. Elder to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7910928. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A.R.S. National Services, Inc., Dell Direct Sales L.P., Dell Financial Services, L.L.C., Dell Marketing, L.P., Dell, Inc..(Elder, Scott) (Entered: 10/16/2012)
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PACER 8 Filed: 10/15/2012, Entered: None
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by A.R.S. National Services, Inc..(Spiller, Christina) (Entered: 10/15/2012)
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PACER 7 Filed: 10/15/2012, Entered: None
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Dell, Inc. for Dell Direct Sales L.P., Dell Financial Services, L.L.C., Dell Marketing, L.P.. Document filed by Dell Direct Sales L.P., Dell Financial Services, L.L.C., Dell Marketing, L.P., Dell, Inc..(Spiller, Christina) (Entered: 10/15/2012)
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PACER 6 Filed: 10/15/2012, Entered: None
NOTICE OF APPEARANCE by Christina Spiller on behalf of A.R.S. National Services, Inc., Dell Direct Sales L.P., Dell Financial Services, L.L.C., Dell Marketing, L.P., Dell, Inc. (Spiller, Christina) (Entered: 10/15/2012)
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PACER 5 Filed: 10/15/2012, Entered: None
NOTICE OF APPEARANCE by John Felix Cambria on behalf of A.R.S. National Services, Inc., Dell Direct Sales L.P., Dell Financial Services, L.L.C., Dell Marketing, L.P., Dell, Inc. (Cambria, John) (Entered: 10/15/2012)
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PACER 4 Filed: 10/9/2012, Entered: None Court Filing
NOTICE OF INITIAL COURT CONFERENCE: Counsel for all parties herein shall attend a conference for the purpose of Case Management and scheduling pursuant to Fed.R.Civ.P.16 on October 23, 2012 at 3:45 P.M. at the United States Courthouse, White Plains, New York, in Courtroom 621. Initial Conference set for 10/23/2012 at 03:45 PM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. (lnl) (Entered: 10/10/2012)
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PACER 3 Filed: 9/10/2012, Entered: None
WAIVER OF SERVICE RETURNED EXECUTED. A.R.S. National Services, Inc. waiver sent on 9/4/2012, answer due 11/5/2012. Document filed by Belsito Communications, Inc.. (Isseks, Robert) (Entered: 09/10/2012)
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PACER 2 Filed: 8/31/2012, Entered: None
WAIVER OF SERVICE RETURNED EXECUTED. All Defendants. Document filed by Belsito Communications, Inc.. (Isseks, Robert) (Entered: 08/31/2012)
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PACER 1 Filed: 8/15/2012, Entered: None
COMPLAINT against A.R.S. National Services, Inc., Dell Direct Sales L.P., Dell Financial Services, L.L.C., Dell Marketing, L.P., Dell, Inc. (Filing Fee $ 350.00, Receipt Number 465407003932)Document filed by Belsito Communications, Inc. (rj) (Entered: 08/17/2012)
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