Network America Lines, Inc. v. XPI Enterprise, Ltd.

Federal Civil Lawsuit New York Southern District Court, Case No. 1:17-cv-01910
District Judge Laura Taylor Swain, presiding
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District Judge Laura Taylor Swain
Last Updated July 29, 2025 at 11:17 AM EDT (11.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Network America Lines, Inc., Plaintiff

Represented by Casey & Barnett, LLC

Name Phone Fax E-Mail
Space Martin Francis Casey +1 212 286 0225 +1 212 286 0261 mfc@caseybarnett.com
Space James P. Krauzlis +1 516 877 2225 +5168 772 230 2240 jimkrauzlis@att.net
v.
No Logo XPI Enterprise, Ltd., Defendant

Represented by Kent, Beatty & Gordon

Name Phone Fax E-Mail
Space Jack A. Gordon +1 212 421 4300 +1 212 421 4303 JAG@KBG-law.com
Space Joshua B Katz +1 212 421 4300 +1 212 421 4303 jbk@kbg-law.com
Space Christine Rafin cr@kbg-law.com
Attributes
Nature of Suit 120 - Contract: Marine
Cause Section 28 U.S.C. § 1333mc Marine Contract
Jurisdiction Federal Question
Case Status closed
Jury Demand None
Monetary Demand $230,000
Timeline
  Entries (79) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 64 Filed: 4/14/2020, Entered: 4/14/2020
DEFAULT JUDGMENT in favor of Network America Lines, Inc. against XPI Enterprise, Ltd. in the amount of $ 27,013.00. It is hereby ORDERED, ADJUDGED, AND DECREED, That pursuant to the Court's Memorandum Order dated April 13, 2020, Plaintiff's motion for default judgment as against XPI is granted; judgment is entered against XPI Enterprise, Ltd. trading as "X Port International," in the total amount of $27,013.00, comprising of (i) $22,700.00 in damages; and (ii) $4,313.00 in prejudgment interest at eight percent from the period from March 15, 2017, to July 29, 2019, accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 04/14/2020) (Attachments: # 1 Notice of Right to Appeal) (dt)
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Opinion 63 Filed: 4/13/2020, Entered: 4/13/2020 Court Filing
MEMORANDUM ORDER granting 56 Motion for Default Judgment. For the foregoing reasons, Plaintiff's motion for default judgment as against XPI is granted. The Clerk of Court is directed to enter judgment against XPI Enterprise, Ltd., trading as "X Port International," in the total amount of $27,013.00, comprising (i) $22,700.00 in damages; and (ii) $4,313.00 in prejudgment interest at eight percent for the period from March 15, 2017, to July 29, 2019, and to close this case. This Memorandum Order resolves docket entry no. 56. (Signed by Judge Laura Taylor Swain on 4/13/2020) (mro) Transmission to Orders and Judgments Clerk for processing.
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Legal Document (Payment Possibly Required) 62 Filed: 1/14/2020, Entered: 1/14/2020 Court Filing
ORDER granting 61 Letter Motion to Adjourn Conference. The Conference is adjourned to May 15, 2020, at 11:00 a.m. DE # 61 resolved. SO ORDERED. Final Pretrial Conference set for 5/15/2020 at 11:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 1/14/2020) (ama)
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Legal Document (Payment Possibly Required) 61 Filed: 1/13/2020, Entered: 1/13/2020 Court Filing
LETTER MOTION to Adjourn Conference addressed to Judge Laura Taylor Swain from James P. Krauzlis, Esq. dated 01/13/2020. Document filed by Network America Lines, Inc..(Krauzlis, James)
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Legal Document (Payment Possibly Required) 60 Filed: 10/18/2019, Entered: 10/18/2019 Court Filing
ORDER: In light of the pending motion, the final pretrial conference scheduled for October 25, 2019, is rescheduled to January 17, 2020, at 11:00 a.m. in Courtroom 17C. SO ORDERED., ( Final Pretrial Conference set for 1/17/2020 at 11:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 10/18/2019) (ama)
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Legal Document (Payment Possibly Required) 59 Filed: 10/2/2019, Entered: 10/2/2019
AFFIRMATION of James P. Krauzlis, Esq. in Support re: 56 MOTION for Default Judgment as to XPI Enterprises, Inc. d/b/a X Port International.. Document filed by Network America Lines, Inc.. (Attachments: # 1 Exhibit 1 to Supplemental Affirmation, # 2 Exhibit 2 to Supplemental Affirmation, # 3 Exhibit 3 to Supplemental Affirmation, # 4 Exhibit 4 to Supplemental Affirmation)(Krauzlis, James)
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Legal Document (Payment Possibly Required) 58 Filed: 10/2/2019, Entered: 10/2/2019
AFFIRMATION of James P. Krauzlis, Esq. in Support re: 56 MOTION for Default Judgment as to XPI Enterprises, Inc. d/b/a X Port International.. Document filed by Network America Lines, Inc.. (Krauzlis, James)
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Legal Document (Payment Possibly Required) 57 Filed: 10/2/2019, Entered: 10/2/2019
AFFIDAVIT of Thomas Johns in Support re: 56 MOTION for Default Judgment as to XPI Enterprises, Inc. d/b/a X Port International.. Document filed by Network America Lines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Krauzlis, James)
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Legal Document (Payment Possibly Required) 56 Filed: 10/2/2019, Entered: 10/2/2019
MOTION for Default Judgment as to XPI Enterprises, Inc. d/b/a X Port International. Document filed by Network America Lines, Inc.. (Attachments: # 1 Proposed Order for Final Default Jugment)(Krauzlis, James)
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Blank  Filed: 10/2/2019, Entered: 10/2/2019
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney James Paul Krauzlis to RE-FILE Document 53 Affirmation in Support of Motion. ERROR(S): document linked to filing error. (ldi)
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Blank  Filed: 10/2/2019, Entered: 10/2/2019
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney James Paul Krauzlis to RE-FILE Document 52 MOTION for Default Judgment as to Defendant XPI Enterprises,Inc.. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affirmation in Support of Motion and Affidavit in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Blank  Filed: 10/2/2019, Entered: 10/2/2019
NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Sarah L. Cave, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Henry B. Pitman no longer referred to the case. (ad)
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Blank  Filed: 10/2/2019, Entered: 10/2/2019
Magistrate Judge Sarah L. Cave is so redesignated. (ad)
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Legal Document (Payment Possibly Required) 55 Filed: 8/9/2019, Entered: 8/9/2019
AFFIDAVIT OF SERVICE of Motion for Final Default Judgment against Defendant served on XPI Enterprise, Ltd. on 07/29/2019. Service was made by Certified Mail. Document filed by Network America Lines, Inc.. (Krauzlis, James)
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Legal Document (Payment Possibly Required) 54 Filed: 7/29/2019, Entered: 7/29/2019 Court Filing
ORDER: granting 51 Letter Motion for Extension of Time. The requested extension is Granted and the Order to Show Cause (DE # 50) is satisfied. DE # 51 resolved. SO ORDERED. Motions due by 7/29/2019. (Signed by Judge Laura Taylor Swain on 7/29/2019) (ama)
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Legal Document (Payment Possibly Required) 53 Filed: 7/29/2019, Entered: 7/29/2019
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of James P. Krauzlis, Esq. in Support re: 52 MOTION for Default Judgment as to Defendant XPI Enterprises,Inc... Document filed by Network America Lines, Inc.. (Attachments: # 1 Exhibit to Supplemental Affirmation, # 2 Exhibit 2 to Supplemental Affirmation, # 3 Exhibit 3 to Supplemental Affirmation, # 4 Exhibit 4 to Supplemental Affirmation)(Krauzlis, James) Modified on 10/2/2019 (ldi).
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Legal Document (Payment Possibly Required) 52 Filed: 7/29/2019, Entered: 7/29/2019
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Default Judgment as to Defendant XPI Enterprises,Inc.. Document filed by Network America Lines, Inc.. Return Date set for 8/26/2019 at 10:00 AM. (Attachments: # 1 Text of Proposed Order, # 2 Affiramation of James Krauzlis, # 3 Affidavit of Thomas Johns, # 4 Exhibit A to Johns Affidavit, # 5 Exhibit B to Johns Affidavit, # 6 Exhibit C to Johns Affidavit, # 7 Exhibit D to Johns Affidavit, # 8 Exhibit E to Johns Affidavit, # 9 Exhibit F to Johns Affidavit, # 10 Exhibit G to Johns Affidavit, # 11 Exhibit H to Johns Affidavit, # 12 Exhibit I to Johns Affidavit, # 13 Exhibit J to Johns Affidavit)(Krauzlis, James) Modified on 9/30/2019 (db).
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Legal Document (Payment Possibly Required) 51 Filed: 7/26/2019, Entered: 7/26/2019 Court Filing
LETTER MOTION for Extension of Time to file Motion for Final Default Judgment to Monday July 29, 2019, addressed to Judge Laura Taylor Swain from James P. Krauzlis, Esq. dated 07/26/2019. Document filed by Network America Lines, Inc..(Krauzlis, James)
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Legal Document (Payment Possibly Required) 50 Filed: 7/26/2019, Entered: 7/26/2019 Court Filing
ORDER TO SHOW CAUSE: Accordingly, Plaintiff is hereby ordered to show cause in writing by August 16, 2019, why this action should not be dismissed for failure to prosecute. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/26/2019) (ama)
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Legal Document (Payment Possibly Required) 49 Filed: 7/8/2019, Entered: 7/8/2019 Court Filing
ORDER: granting 48 Letter Motion to Adjourn Conference. The Final Pretrial Conference is adjourned to October 25, 2019, at 11:00 a.m. DE # 48 resolved. SO ORDERED. Final Pretrial Conference set for 10/25/2019 at 11:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 7/08/2019) (ama)
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Legal Document (Payment Possibly Required) 48 Filed: 7/3/2019, Entered: 7/3/2019 Court Filing
LETTER MOTION to Adjourn Conference currently scheduled for Monday, July 29, 2019 at 2:00 p.m., and for leave to file Motion for Final Default by Friday, July 19, 2019, addressed to Judge Laura Taylor Swain from James P. Krauzlis, Esq. dated 07/03/2019. Document filed by Network America Lines, Inc..(Krauzlis, James)
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Legal Document (Payment Possibly Required) 47 Filed: 3/21/2019, Entered: 3/21/2019 Court Filing
ORDER: granting 46 Letter Motion to Adjourn Conference. The final pretrial conference is adjourned to July 26, 2019, at 2:00 p.m. SO ORDERED. Final Pretrial Conference set for 7/26/2019 at 02:00 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 3/21/2019) (ama)
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Legal Document (Payment Possibly Required) 46 Filed: 3/20/2019, Entered: 3/20/2019 Court Filing
LETTER MOTION to Adjourn Conference scheduled for March 29, 2019, addressed to Judge Laura Taylor Swain from James P. Krauzlis, Esq. dated 03/20/2019. Document filed by Network America Lines, Inc..(Krauzlis, James)
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Legal Document (Payment Possibly Required) 45 Filed: 12/11/2018, Entered: 12/11/2018 Court Filing
ORDER: granting 44 Letter Motion to Adjourn Conference. The conference is adjourned to March 29, 2019, at 10:45 AM and the related deadlines are suspended pending further order of the Court. DE # 44 resolved. SO ORDERED. Final Pretrial Conference set for 3/29/2019 at 10:45 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 12/11/2018) (ama)
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Legal Document (Payment Possibly Required) 44 Filed: 12/10/2018, Entered: 12/10/2018 Court Filing
LETTER MOTION to Adjourn Conference Scheduled for Friday, December 14, 2018, at 2:00 p.m. due to Defendant's Default and imminent Motion for Default Judgement, addressed to Judge Laura Taylor Swain from James P. Krauzlis, Esq. dated 12/10/2018. Document filed by Network America Lines, Inc..(Krauzlis, James)
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Legal Document (Payment Possibly Required) 43 Filed: 10/23/2018, Entered: 10/23/2018
CLERK'S CERTIFICATE OF DEFAULT: as to XPI Enterprise, LTD, trading as "X-Port International", issued on October 23, 2018. (dt)
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Legal Document (Payment Possibly Required) 42 Filed: 10/23/2018, Entered: 10/23/2018
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Network America Lines, Inc.. (Krauzlis, James) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Legal Document (Payment Possibly Required) 41 Filed: 10/23/2018, Entered: 10/23/2018
AFFIDAVIT of James P. Krauzlis, Esq. in Support re: 37 Order on Motion to Adjourn Conference,,,,,,. Document filed by Network America Lines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Krauzlis, James)
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Blank  Filed: 10/22/2018, Entered: 10/22/2018
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney James Krauzlis to RE-FILE Document 40 Proposed Clerk's Certificate of Default. Please refer to ECF Rule 16.1. The request to enter default is no longer needed. Re-file the proposed clerk's certificate as one entry, (please use the sample clerk's certificate that can be found on our website under forms) then file the affidavit in support as a separate entry. (Filed under other answers, affidavit in support of a non-motion). (km)
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Legal Document (Payment Possibly Required) 40 Filed: 10/22/2018, Entered: 10/22/2018
FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Network America Lines, Inc.. (Attachments: # 1 Affirmation of James P. Krauzlis, Esq., in support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J) (Krauzlis, James) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 10/22/2018 (km).
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Legal Document (Payment Possibly Required) 39 Filed: 7/16/2018, Entered: 7/16/2018 Court Filing
LETTER addressed to Judge Laura Taylor Swain from Joshua B. Katz dated 7/16/2018 re: The Court's Order dated July 11, 2018 states: "KBG is directed to comply with Judge Pitman's March 27, 2018, Order and to fax to Chambers of the undersigned a statement of XPI' s last known address." (ECF No. 37.) KBG previously complied with the March 27, 2018 Order by faxing and mailing a letter to Judge Pitman's chambers on April 3, 2018. As we advised in that letter, the only address that we have for XPI is 2687 McCollum Parkway, Suite D, Kennesaw, GA 30144. To our knowledge, that remains XPI's last known address. Document filed by XPI Enterprise, Ltd.(ama)
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Legal Document (Payment Possibly Required) 38 Filed: 7/13/2018, Entered: 7/13/2018
AFFIDAVIT OF SERVICE of copy of Court's Order dated 11 July 2018 docket #37 served on XPI Enterprises, Inc. and Kent Beatty and Gorden, LLP on 07/11/2018. Service was made by Mail. Document filed by Network America Lines, Inc.. (Krauzlis, James)
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Legal Document (Payment Possibly Required) 37 Filed: 7/11/2018, Entered: 7/11/2018 Court Filing
ORDER: granting 36 Letter Motion to Adjourn Conference. Accordingly, it is hereby ORDERED, that Plaintiff must serve a copy of this Order on XPI and KBG, and file proof of such service within ten (10) days from the date hereof. KBG is directed to comply with Judge Pitman's March 27, 2018, Order and to fax to the Chambers of the undersigned a statement of XPI's last known address within ten (10) days of the date of receipt of service; and it is further ORDERED, that the Plaintiff may make a motion for a default judgment; and it is further ORDERED, that the Plaintiff's motion must be accompanied by evidence, inadmissible form, of such facts as it would have proffered to meet its burden of proof on its direct case had a trial been held in this action; and it is further ORDERED, that such motion for default judgment must be served on XPI and must be accompanied by copies of the Clerk's Certificate and of proof of service of the summons and complaint and the motion for default judgment as provided by the undersigned's Individual Practices Rules; and it is further ORDERED, that said motion shall be briefed in accordance with the schedule set forth in Local Civil Rule 6.1 and will be taken on submission unless otherwise directed by the Court; and it is further ORDERED, that in anticipation of default judgment motion practice, the Final Pre-Trial Conference currently scheduled for July 13, 2018, at 2:30 p.m. is adjourned to December 14, 2018, at 2:00 p.m. as a control date. This Order resolves docket entry no. 36. Final Pretrial Conference set for 12/14/2018 at 02:00 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 7/11/2018) (ama)
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Legal Document (Payment Possibly Required) 36 Filed: 7/9/2018, Entered: 7/9/2018 Court Filing
LETTER MOTION to Adjourn Conference and to Enter Default Judgment against Defendant per Memo Endorsement docket #35, addressed to Judge Laura Taylor Swain from James P. Krauzlis, Esq. dated 07/09/2018. Document filed by Network America Lines, Inc..(Krauzlis, James)
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Legal Document (Payment Possibly Required) 35 Filed: 3/27/2018, Entered: 3/27/2018 Court Filing
MEMO ENDORSEMENT granting 31 Motion to Withdraw as Attorney. ENDORSEMENT: The annexed motion of Kent, Beatty & Gordon LLP ("KBG") to be relieved as counsel for defendant XPI Enterprise, Ltd. ("XPI") is granted. Given the fact that XPI has directed KBG to take no further action in this matter, it is impossible for KBG to continue to represent XPI. Because XPI is a corporation and because a corporation can appear in an action only through counsel, Rowland v. California Men's Colony, 506 U.S. 194, 201-03 (1993); Grace v. Bank Leumi Trust Co., 443 F.3d 180, 192 (2d Cir. 2006); Jacobs v. Patent Enforcement Fund, Inc., 230 F.3d 565, 568 (2d Cir. 2000), it is imperative that XPI retain new counsel. Unless an attorney enters an appearance on behalf of XPI no later than April 27, 2018, it is my intention to recommend the entry of a default judgment against it on all claims. KBG is directed to provide a copy of this Order to XPI and to explain it to XPI. KBG is further directed to provide my chambers with a mailing address for XPI. The Clerk of the Court is respectfully requested to mark Docket Item 31 closed. Attorney Christine Rafin; Jack A. Gordon and Joshua B Katz terminated. (Signed by Magistrate Judge Henry B. Pitman on 3/27/2018) (mro)
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Blank  Filed: 3/12/2018, Entered: 3/12/2018
Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 3/12/2018. (ajc)
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Blank  Filed: 3/12/2018, Entered: 3/12/2018
Set/Reset Hearings: Telephone Conference set for 3/12/2018 at 02:30 PM before Magistrate Judge Henry B. Pitman. (ajc)
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Legal Document (Payment Possibly Required) 34 Filed: 2/28/2018, Entered: 2/28/2018
MEMORANDUM OF LAW in Opposition re: 31 MOTION for Kent, Beatty & Gordon, LLP to Withdraw as Attorney . . Document filed by Network America Lines, Inc.. (Attachments: # 1 Declaration of James P. Krauzlis, # 2 Exhibit 1, # 3 Exhibit 2)(Krauzlis, James)
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Legal Document (Payment Possibly Required) 33 Filed: 2/23/2018, Entered: 2/23/2018
MEMORANDUM OF LAW in Support re: 31 MOTION for Kent, Beatty & Gordon, LLP to Withdraw as Attorney . . Document filed by XPI Enterprise, Ltd.. (Rafin, Christine)
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Legal Document (Payment Possibly Required) 32 Filed: 2/23/2018, Entered: 2/23/2018
DECLARATION of Christine Rafin in Support re: 31 MOTION for Kent, Beatty & Gordon, LLP to Withdraw as Attorney .. Document filed by XPI Enterprise, Ltd.. (Rafin, Christine)
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Legal Document (Payment Possibly Required) 31 Filed: 2/23/2018, Entered: 2/23/2018
MOTION for Kent, Beatty & Gordon, LLP to Withdraw as Attorney . Document filed by XPI Enterprise, Ltd..(Rafin, Christine)
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Legal Document (Payment Possibly Required) 30 Filed: 2/9/2018, Entered: 2/9/2018 Court Filing
AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Henry B. Pitman. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/09/2018) (ama)
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Blank  Filed: 2/9/2018, Entered: 2/9/2018
NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Henry B. Pitman, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Andrew J. Peck no longer referred to the case. (ma)
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Blank  Filed: 2/9/2018, Entered: 2/9/2018
NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Henry Pitman. Please note that this is a reassignment of the designation only. (ma)
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Legal Document (Payment Possibly Required) 29 Filed: 2/9/2018, Entered: 2/9/2018 Court Filing
ORDER: granting 27 Letter Motion to Reopen Case. The Court having considered the submissions of both parties in connection with this request (DE # 27 and 28), The case is hereby reopened and the parties are directed to arrange for a conference with the Magistrate Judge, to whom the reopened case is referred for General Pretrial Management, including Settlement. DE # 27 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/09/2018) (ama)
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Legal Document (Payment Possibly Required) 28 Filed: 2/5/2018, Entered: 2/5/2018 Court Filing
LETTER RESPONSE to Motion addressed to Judge Laura Taylor Swain from Christine Rafin, Esq. dated February 5, 2018 re: 27 LETTER MOTION to Reopen Case addressed to Judge Laura Taylor Swain from James P. Krauzlis, Esq. dated 02/02/2018. . Document filed by XPI Enterprise, Ltd.. (Attachments: # 1 Exhibit Exhibit A to letter)(Rafin, Christine)
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Legal Document (Payment Possibly Required) 27 Filed: 2/2/2018, Entered: 2/2/2018 Court Filing
LETTER MOTION to Reopen Case addressed to Judge Laura Taylor Swain from James P. Krauzlis, Esq. dated 02/02/2018. Document filed by Network America Lines, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Krauzlis, James)
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Legal Document (Payment Possibly Required) 26 Filed: 12/1/2017, Entered: 12/1/2017 Court Filing
ORDER OF DISMISSAL ON CONSENT: The parties having informed the Court that they have reached a settlement agreement in principle and are finalizing settlement documents (see Dkt. No. 25), IT IS HEREBY ORDERED THAT this action is dismissed with prejudice and without costs, provided, however that any party may reinstate the action within 30 days hereof if the settlement is not fully effectuated. Any application to reopen must be filed via ECF within 30 days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Any pending motions are to be terminated as moot and all conference are cancelled. (Signed by Magistrate Judge Andrew J. Peck on 12/1/2017) (ap)
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Legal Document (Payment Possibly Required) 25 Filed: 12/1/2017, Entered: 12/1/2017 Court Filing
JOINT LETTER MOTION to Adjourn Conference in light of settlement of the case, addressed to Magistrate Judge Andrew J. Peck from James P. Krauzlis, Esq. dated 12/01/2017. Document filed by Network America Lines, Inc..(Krauzlis, James)
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Legal Document (Payment Possibly Required) 24 Filed: 9/13/2017, Entered: 9/13/2017 Court Filing
ORDER FOR SETTLEMENT CONFERENCE: Counsel attending the conference must have full settlement authority and their client(s) must be present at the conference, as must a representative of the client's insurance company where the decision to settle and/or amount of settlement must be approved by the insurance company. Counsel shall provide a confidential settlement memorandum to my chambers. The memorandum shall not be filed with the Clerk of the Court nor provided to opposing counsel. The memorandum should explain the factual and legal background of the case as it impacts on settlement negotiations; the status of prior settlement discussions between the parties; and the party's settlement proposal (range). See Order. Settlement Conference set for 12/4/2017 at 2:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. (Signed by Magistrate Judge Andrew J. Peck on 9/13/2017) (ap) Modified on 10/19/2017 (ap).
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Legal Document (Payment Possibly Required) 23 Filed: 9/12/2017, Entered: 9/13/2017 Court Filing
PRE-TRIAL SCHEDULING ORDER: All applications to amend pleadings or join parties, or amendments or joinders as of right, must be made by 10/31/2017. Dispositive motions, if any, seeking resolution, in whole or in part, of the issues to be raised at trial must be served and filed on or before 4/30/2018. All expert witness discovery must be completed by 4/2/2018. All non-expert witness discovery in this matter must be completed by 1/31/2018. Final Pretrial Conference set for 7/13/2018 at 02:30 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. The parties must begin meeting with Judge Peck for settlement purposes by December 15, 2017. (Signed by Judge Laura Taylor Swain on 9/8/2017) (mro) Modified on 10/20/2017 (mro).
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Legal Document (Payment Possibly Required) 22 Filed: 9/8/2017, Entered: 9/12/2017 Court Filing
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Laura Taylor Swain on 9/8/2017) (ras)
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Blank  Filed: 9/8/2017, Entered: 9/12/2017
Minute Entry for proceedings held before Judge Laura Taylor Swain: Initial Pretrial Conference held on 9/8/2017. Court Reporter Kelly Surina present. IPTC held. PTC Scheduling Order to follow. Case is referred to MJ Peck for GPT. (Order to follow.) FPTC is scheduled for 7/13/2018 at 2:30pm. ( Final Pretrial Conference set for 7/13/2018 at 02:30 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (lan)
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Legal Document (Payment Possibly Required) 21 Filed: 8/30/2017, Entered: 8/30/2017
JOINT PRELIMINARY PRETRIAL STATEMENT . Document filed by Network America Lines, Inc..(Krauzlis, James)
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Legal Document (Payment Possibly Required) 20 Filed: 8/14/2017, Entered: 8/14/2017
ANSWER to 1 Complaint. Document filed by XPI Enterprise, Ltd..(Rafin, Christine)
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Legal Document (Payment Possibly Required) 19 Filed: 8/14/2017, Entered: 8/14/2017
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by XPI Enterprise, Ltd..(Rafin, Christine)
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Legal Document (Payment Possibly Required) 18 Filed: 7/25/2017, Entered: 7/25/2017
NOTICE OF APPEARANCE by Jack A. Gordon on behalf of XPI Enterprise, Ltd.. (Gordon, Jack)
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Legal Document (Payment Possibly Required) 17 Filed: 7/25/2017, Entered: 7/25/2017
NOTICE OF APPEARANCE by Christine Rafin on behalf of XPI Enterprise, Ltd.. (Rafin, Christine)
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Legal Document (Payment Possibly Required) 16 Filed: 7/24/2017, Entered: 7/24/2017 Court Filing
ORDER granting 15 Letter Motion for Extension of Time to Answer re 15 LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Laura Taylor Swain from Joshua B. Katz dated July 21, 2017. LETTER MOTION to Adjourn Conference addressed to Judge Laura Taylor Swain from Joshua B. Katz dated July 21, 2017. XPI Enterprise, Ltd. answer due 8/14/2017; granting 15 Letter Motion to Adjourn Conference. The requested extension of time to respond to the complaint is granted. The conference is adjourned to September 8, 2017 at 10:45 am and the related deadlines are modified accordingly. DE# 15 resolved. ( Initial Conference set for 9/8/2017 at 10:45 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 7/24/2017) (rj)
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Legal Document (Payment Possibly Required) 15 Filed: 7/21/2017, Entered: 7/21/2017 Court Filing
LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Laura Taylor Swain from Joshua B. Katz dated July 21, 2017., LETTER MOTION to Adjourn Conference addressed to Judge Laura Taylor Swain from Joshua B. Katz dated July 21, 2017. Document filed by XPI Enterprise, Ltd..(Katz, Joshua)
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Legal Document (Payment Possibly Required) 14 Filed: 6/26/2017, Entered: 6/26/2017 Court Filing
ORDER: granting 13 Letter Motion for Extension of Time to Answer. The request is Granted nunc pro tunc. Docket Entry No. 13 is resolved. SO ORDERED. XPI Enterprise, Ltd. answer due 7/24/2017. (Signed by Judge Laura Taylor Swain on 6/26/2017) (ama)
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Legal Document (Payment Possibly Required) 13 Filed: 6/26/2017, Entered: 6/26/2017 Court Filing
LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Laura Taylor Swain from Joshua B. Katz dated June 26, 2017. Document filed by XPI Enterprise, Ltd..(Katz, Joshua)
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Legal Document (Payment Possibly Required) 12 Filed: 6/26/2017, Entered: 6/26/2017
NOTICE OF APPEARANCE by Joshua B Katz on behalf of XPI Enterprise, Ltd.. (Katz, Joshua)
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Legal Document (Payment Possibly Required) 11 Filed: 6/14/2017, Entered: 6/14/2017 Court Filing
ORDER: granting 9 Letter Motion to Adjourn Conference. The conference is adjourned to August 4, 2017, at 10:00 a.m. and the related deadlines are modified accordingly. DE # 9 resolved. SO ORDERED. Initial Conference set for 8/4/2017 at 10:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 6/14/2017) (ama) Modified on 6/27/2017 (ama).
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Legal Document (Payment Possibly Required) 10 Filed: 6/13/2017, Entered: 6/13/2017
AFFIDAVIT OF SERVICE of Summons and Complaint. XPI Enterprise, Ltd. served on 5/31/2017, answer due 6/21/2017. Service was accepted by Joe Boulos, Authorized Agent for Service of Process. Document filed by Network America Lines, Inc.. (Krauzlis, James)
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Legal Document (Payment Possibly Required) 9 Filed: 6/13/2017, Entered: 6/13/2017 Court Filing
LETTER MOTION to Adjourn Conference currently scheduled for June 15, 2017, addressed to Judge Laura Taylor Swain from James P. Krauzlis, Esq. dated June 13, 2017. Document filed by Network America Lines, Inc..(Krauzlis, James)
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Legal Document (Payment Possibly Required) 8 Filed: 5/8/2017, Entered: 5/8/2017
SUMMONS RETURNED EXECUTED Summons and Complaint served. XPI Enterprise, Ltd. served on 3/27/2017, answer due 4/17/2017. Service was accepted by John Doe, Employee. Document filed by Network America Lines, Inc.., AFFIDAVIT OF SERVICE of Summons and Complaint. XPI Enterprise, Ltd. served on 3/27/2017, answer due 4/17/2017. Service was accepted by John Doe, Employee. Document filed by Network America Lines, Inc.. (Krauzlis, James)
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Legal Document (Payment Possibly Required) 7 Filed: 4/27/2017, Entered: 4/27/2017 Court Filing
INITIAL CONFERENCE ORDER: It is hereby ORDERED that a pre-trial conference will be held in the above-captioned matter on June 15, 2017 at 11:30 a.m. in Courtroom No. 12D, Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, New York, New York 10007. And as set forth herein. IT IS SO ORDERED. Initial Conference set for 6/15/2017 at 11:30 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 4/27/2017) (ama) Modified on 5/17/2017 (ama).
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Legal Document (Payment Possibly Required) 6 Filed: 4/5/2017, Entered: 4/5/2017
NOTICE OF APPEARANCE by Martin F Casey on behalf of Network America Lines, Inc.. (Casey, Martin)
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Legal Document (Payment Possibly Required) 5 Filed: 3/17/2017, Entered: 3/17/2017
ELECTRONIC SUMMONS ISSUED as to XPI Enterprise, Ltd.. (laq)
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Blank  Filed: 3/16/2017, Entered: 3/16/2017
Case Designated ECF. (jvs)
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Blank  Filed: 3/16/2017, Entered: 3/16/2017
Magistrate Judge Andrew J. Peck is so designated. (jvs)
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Blank  Filed: 3/16/2017, Entered: 3/16/2017
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. 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 http://nysd.uscourts.gov/ecf_filing.php. (jvs)
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Blank  Filed: 3/16/2017, Entered: 3/16/2017
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James Paul Krauzlis. The party information for the following party/parties has been modified: XPI Enterprise, Ltd.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jvs)
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Blank  Filed: 3/16/2017, Entered: 3/16/2017
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James Paul Krauzlis. The following case opening statistical information was erroneously selected/entered: Dollar Demand 277;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 280;. (jvs)
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Legal Document (Payment Possibly Required) 4 Filed: 3/15/2017, Entered: 3/15/2017
REQUEST FOR ISSUANCE OF SUMMONS as to XPI Enterprise, Ltd., re: 1 Complaint. Document filed by Network America Lines, Inc.. (Krauzlis, James)
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Legal Document (Payment Possibly Required) 3 Filed: 3/15/2017, Entered: 3/15/2017
CIVIL COVER SHEET filed. (Krauzlis, James)
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Legal Document (Payment Possibly Required) 2 Filed: 3/15/2017, Entered: 3/15/2017
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Network America Lines, Inc..(Krauzlis, James)
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Legal Document (Payment Possibly Required) 1 Filed: 3/15/2017, Entered: 3/15/2017
COMPLAINT against XPI Enterprise, Ltd.. (Filing Fee $ 400.00, Receipt Number 0208-13424878)Document filed by Network America Lines, Inc.. (Attachments: # 1 Exhibit Exhibit A)(Krauzlis, James)
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