MANDATE of USCA (Certified Copy) as to 57 Notice of Appeal, filed by Genomma Lab USA, Inc. USCA Case Number 18-189-cv. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the appeal is DISMISSED for lack of appellate jurisdiction.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 4/10/2019. (nd)
ORDER: The status conference scheduled for June 6, 2018 at 9:45 a.m. is adjourned to June 27, 2018 at 9:45 am. SO ORDERED. (Status Conference set for 6/27/2018 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 5/30/2018) (anc)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 1/10/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: argument held on 1/10/2018 before Judge George B. Daniels. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/30/2018. Redacted Transcript Deadline set for 4/9/2018. Release of Transcript Restriction set for 6/7/2018.(McGuirk, Kelly)
Appeal Record Resent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 57 Notice of Appeal, filed by Genomma Lab USA, Inc. USCA Case Number 18-0189, were transmitted to the U.S. Court of Appeals. (tp)
Filed: 1/22/2018, Entered: 1/22/2018
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 57 Notice of Appeal, filed by Genomma Lab USA, Inc. were transmitted to the U.S. Court of Appeals. (tp)
Filed: 1/22/2018, Entered: 1/22/2018
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 57 Notice of Appeal. (tp)
NOTICE OF APPEAL from 43 Clerk's Judgment,,, 56 Order on Motion to Amend/Correct, Order on Motion to Vacate, Order on Motion to Alter Judgment,,,,,, 42 Order on Motion to Dismiss,,,,,,. Document filed by Genomma Lab USA, Inc.. Filing fee $ 505.00, receipt number 0208-14604185. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Katz, Joshua)
ORDER denying 44 Motion to Amend/Correct ; denying 44 Motion to Vacate ; denying 44 Motion to Alter Judgment: Plaintiff's motion to amend the complaint and to alter, amend, or vacate the August 25, 2017 Judgment is DENIED. For the reasons articulated by the Court at the January 10, 2018 oral argument, the proposed amendment to the complaint is futile. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir.2000) (request to replead should be denied where repleading would be futile). The Clerk of Court is directed to close the motion at ECF No. 44. (Signed by Judge George B. Daniels on 1/10/2018) (jwh)
Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 1/10/2018 re: 44 MOTION to Amend/Correct 43 Clerk's Judgment,,, 1 Complaint, . MOTION to Vacate 43 Clerk's Judgment,,, . MOTION to Alter Judgment re: 43 Clerk's Judgment,,, . filed by Genomma Lab USA, Inc.. Plaintiff Counsel: Joshua B. Katz Defense Counsel: Nicole Haff, Roger Juan Maldonado and Court Reporter present. (Vega, Elizabeth)
REPLY MEMORANDUM OF LAW in Support re: 44 MOTION to Amend/Correct 43 Clerk's Judgment,,, 1 Complaint, . MOTION to Vacate 43 Clerk's Judgment,,, . MOTION to Alter Judgment re: 43 Clerk's Judgment,,, . . Document filed by Genomma Lab USA, Inc.. (Katz, Joshua)
MEMORANDUM OF LAW in Opposition re: 44 MOTION to Amend/Correct 43 Clerk's Judgment,,, 1 Complaint, . MOTION to Vacate 43 Clerk's Judgment,,, . MOTION to Alter Judgment re: 43 Clerk's Judgment,,, . . Document filed by FDCF2D5, C229721, F502F29, Prestige Universal Media LLC, Venus America Corp.. (Maldonado, Roger)
STIPULATION REGARDING BRIEFING SCHEDULE FOR PLAINTIFF'S MOTION TO AMEND AND TO VACATE JUDGMENT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff Genomma Lab USA, Inc. ("Plaintiff"), and Defendants C229721, Prestige Universal Media, LLC, F502F295and Venus America Corp. (collectively, "Defendants") that: 1. Defendants' opposition to Plaintiff's motion to amend its complaint and to alter, amend, or vacate the Court's judgment (the "Motion") will be served on or before December 1, 2017, extended from November 22, 2017, and 2. Plaintiff's reply in further support of the Motion will be served on or before December 22, 2017, extended from December 13, 2017. SO ORDERED. (Signed by Judge George B. Daniels on 11/21/2017) (rj)
ORDER: The parties are to appear before this court for a status conference on January 10, 2018 at 9:45 a.m. (Status Conference set for 1/10/2018 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 11/21/2017) (jwh)
STIPULATION REGARDING BRIEFING SCHEDULE FOR PLAINTIFF'S MOTION TO AMEND AND TO VACATE JUDGMENT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff Genomma Lab USA, Inc. ("Plaintiff'), and Defendants C229721, Prestige Universal Media, LLC, F502F295and Venus America Corp. (collectively, "Defendants") that: 1. Defendants' opposition to Plaintiff's motion to amend its complaint and to alter, amend, or vacate the Court's judgment (the "Motion") will be served on or before December 1, 2017, extended from November22,2017, and 2. Plaintiff's reply in further support of the Motion will be served on or before December 22, 2017, extended from December 13, 2017. (Signed by Judge George B. Daniels on 11/21/2017) (jwh)
STIPULATION AND ORDER IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff Genomma Lab USA, Inc. ("Plaintiff"), and Defendants C229721, Prestige Universal Media, LLC, F502F295and Venus America Corp. (collectively, "Defendants") that: 1. Defendants' opposition to Plaintiff's motion to amend its complaint and to alter, amend, or vacate the Court's judgment (the "Motion") will be served on or before November 22, 2017, and 2. Plaintiff's reply in further support of the Motion will be served on or before December 13, 2017. (Signed by Judge George B. Daniels on 10/30/2017) (mro)
MEMORANDUM OF LAW in Support re: 44 MOTION to Amend/Correct 43 Clerk's Judgment,,, 1 Complaint, . MOTION to Vacate 43 Clerk's Judgment,,, . MOTION to Alter Judgment re: 43 Clerk's Judgment,,, . . Document filed by Genomma Lab USA, Inc.. (Katz, Joshua)
CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum Decision and Order dated August 23, 2017, Defendants motion to dismiss with prejudice Plaintiff's alter ego and fraudulent transfer claims against F502F29 is granted; Plaintiff's claims against Venus, Prestige Media, and C229721 are dismissed without prejudice; Plaintiff's motion for leave to amend the Complaint is denied; Plaintiff may however, reassert its claims against Venus, Prestige media, and C229721 in the separately pending action; Genomma Lab USA, Inc. v. Venus Am. Corp., 14 Civ. 5831 (GBD) GWG); accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 08/25/2017) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt)
MEMORANDUM DECISION AND ORDER granting 26 Motion to Dismiss: On September 6, 2016, Plaintiff Genomma Lab USA, Inc. ("Plaintiff") filed this action against Defendants Carlos Catruitero ("Catruitero"), Prestige Universal Media LLC ("Prestige Media"), F502F29 ("Orrego"), FDCF2D5 ("Osorio"), Venus America Corp. ("Venus"), Does 1-50, and XYZ Corps. 1-50 (collectively, "Defendants"), alleging a fraudulent transfer claim against all defendants and a "veil piercing/breach of contract" claim against all defendants except Venus. (Complaint ("Compl."), ECF No. 1 19-26.) Pending before this Court is Defendants' motion to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) and 12(b)(2). (Defs. Mot. Dismiss ("Defs. Mot."), ECF No. 26.) Genomma opposes the Motion and in the alternative, requests leave to amend. (Opp'n to Defs. Mot. ("Opp'n"), ECF No. 34, at 22.) Defendants' motion to dismiss with prejudice Plaintiff's alter ego and fraudulent transfer claims against F502F29 is GRANTED. Plaintiff's claims against Venus, Prestige Media, and C229721 are dismissed without prejudice. Plaintiff's motion for leave to amend the Complaint is DENIED. Plaintiff may however, reassert its claims against Venus, Prestige Media, and C229721 in the separately pending action. Genomma Lab USA, Inc. v. Venus Am. Corp., 14 Civ. 5831 (GBD)(GWG). The Clerk of the Court is directed to close the motion at ECF No. 26 and this case. (Signed by Judge George B. Daniels on 8/23/2017) (jwh)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 3/7/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/7/2017 before Judge George B. Daniels. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/17/2017. Redacted Transcript Deadline set for 4/27/2017. Release of Transcript Restriction set for 6/26/2017.(McGuirk, Kelly)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/7/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/7/2017 before Judge George B. Daniels. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/6/2017. Redacted Transcript Deadline set for 4/17/2017. Release of Transcript Restriction set for 6/14/2017.(McGuirk, Kelly)
Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 3/7/2017 re: 26 MOTION to Dismiss . filed by F502F29, Prestige Universal Media LLC, Venus America Corp., FDCF2D5, C229721. Plaintiff Counsel: Jack A. Gordon, Joshua B. Katz, Brian Christopher AvelloDefense Counsel: Roger Juan Maldonado, Nicole Haff and Court Reporter present. (Vega, Elizabeth)
REPLY MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss . . Document filed by FDCF2D5, C229721, F502F29, Prestige Universal Media LLC, Venus America Corp.. (Maldonado, Roger)
MEMO ENDORSEMENT on re: (207 in 1:14-cv-05831-GBD-GWG) Letter filed by Genomma Lab USA, Inc., Genomma Lab Internacional, S.A.B. de C.V., (35 in 1:16-cv-06962-GBD) Letter filed by Genomma Lab USA, Inc. ENDORSEMENT: The oral argument is scheduled for March 7, 2017 at 11:00 a.m. ( Oral Argument set for 3/7/2017 at 11:00 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 2/23/2017) (jwh) Modified on 3/1/2017 (jwh).
JOINT LETTER addressed to Judge George B. Daniels from all counsel dated February 22, 2017 re: adjournment of oral argument. Document filed by Genomma Lab USA, Inc..(Katz, Joshua)
ORDER: The February 8, 2017 conference is hereby adjourned to March 2, 2017 at 10:30 a.m. for oral argument on the parties' cross-motions for partial summary judgment in 14 Civ. 5831 and Defendants' motion to dismiss in 16 Civ. 6962. Defendants shall submit their Reply memorandum in further support of their motion to dismiss on or before February 24, 2017. The Clerk of Court is directed to close the motion at ECF No. 205. ( Final Pretrial Conference set for 3/2/2017 at 10:30 AM before Judge George B. Daniels.) Set Deadlines/Hearing as to 26 MOTION to Dismiss . ( Replies due by 2/24/2017.) (Signed by Judge George B. Daniels on 2/6/2017) (jwh)
NOTICE of Substitution of Attorney. Old Attorney: Roger Juan Maldonado, New Attorney: Roger Juan Maldonado, Address: Smith, Gambrell & Russell, LLP, 1301 Avenue of the Americas, 21st Floor, New York, New York, USA 10019, 212-907-9700. Document filed by FDCF2D5, C229721, F502F29, Prestige Universal Media LLC, Venus America Corp.. (Attachments: # 1 Supplement)(Maldonado, Roger)
STIPULATION REGARDING BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS. It is hereby stipulated and agreed by and between the undersigned counsel for Plaintiff Genomma Lab USA, Inc. ("Plaintiff"), and Defendants C229721, Prestige Universal Media, LLC, F502F295nd Venus America Corp. (collectively, "Defendants") that: 1. Plaintiff's opposition to Defendants' motion to dismiss (ECF No. 26) will be served on or before February 10, 2017, and 2. Defendants' reply in further support of their motion to dismiss will be served on or before March 3, 2017. So ordered. (Signed by Judge George B. Daniels on 1/20/2017) (rjm)
LETTER addressed to Judge George B. Daniels from Roger Juan Maldonado dated January 6, 2017 re: Oral Argument Requested on Motion to Dismiss. Document filed by FDCF2D5, C229721, F502F29, Prestige Universal Media LLC, Venus America Corp..(Maldonado, Roger)
MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss . . Document filed by FDCF2D5, C229721, F502F29, Prestige Universal Media LLC, Venus America Corp.. (Maldonado, Roger)
NOTICE OF APPEARANCE by Roger Juan Maldonado on behalf of FDCF2D5, C229721, F502F29, Prestige Universal Media LLC, Venus America Corp.. (Maldonado, Roger)
LETTER addressed to Judge George B. Daniels from Joshua B. Katz dated November 7, 2016 re: status update. Document filed by Genomma Lab USA, Inc..(Katz, Joshua)
STIPULATION REGARDING SERVICE OF PROCESS AND DATE FOR ANSWER OR MOTION: 1. The time for Defendants to respond or move with respect to Genomma USA's Complaint is extended to no later than January 6, 2017. 2. Defendants waive any objections to service of process that could be made under Fed. R. Civ. P. 12(b)(4) and 12(b)(5). (As further set forth in this Order.) FDCF2D5 answer due 1/6/2017; C229721 answer due 1/6/2017; F502F29 answer due 1/6/2017; Prestige Universal Media LLC answer due 1/6/2017; Venus America Corp. answer due 1/6/2017. (Signed by Judge John G. Koeltl on 10/28/2016) (cf)
AFFIDAVIT OF SERVICE of Summons and Complaint,. Venus America Corp. served on 9/12/2016, answer due 10/3/2016. Service was accepted by Cecilia Lien. Service was made by Mail. Document filed by Genomma Lab USA, Inc.. (Katz, Joshua)
AFFIDAVIT OF SERVICE of Summons and Complaint,. Prestige Universal Media LLC served on 9/12/2016, answer due 10/3/2016. Service was accepted by Cecilia Lien. Service was made by Mail. Document filed by Genomma Lab USA, Inc.. (Katz, Joshua)
AFFIDAVIT OF SERVICE of Summons and Complaint,. F502F29 served on 9/23/2016, answer due 10/14/2016. Service was accepted by Cecilia Lien. Service was made by Mail. Document filed by Genomma Lab USA, Inc.. (Katz, Joshua)
AFFIDAVIT OF SERVICE of Summons and Complaint,. C229721 served on 9/23/2016, answer due 10/14/2016. Service was accepted by Cecilia Lien. Service was made by Mail. Document filed by Genomma Lab USA, Inc.. (Katz, Joshua)
AFFIDAVIT OF SERVICE of Summons and Complaint,. FDCF2D5 served on 9/23/2016, answer due 10/14/2016. Service was accepted by Cecilia Lien. Service was made by Mail. Document filed by Genomma Lab USA, Inc.. (Katz, Joshua)
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joshua B Katz. The party information for the following party/parties has been modified: Does 1-50, XYZ Corps. 1-50. The information for the party/parties has been modified for the following reason/reasons: party text entered incorrectly. (rch)
Filed: 9/7/2016, Entered: 9/7/2016
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joshua B Katz. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (rch)
COMPLAINT against FDCF2D5, C229721, Does, F502F29, Prestige Universal Media LLC, Venus America Corp., XYZ Corps.. (Filing Fee $ 400.00, Receipt Number 0208-12725250)Document filed by Genomma Lab USA, Inc..(Katz, Joshua)
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