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 51 |
Filed: 6/17/2015, Entered: None |
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STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: that the claims filed herein by Plaintiff SOUTH PACIFIC SHIPPING COMPANY LIMITED INC., and any claims, cross-claims or counterclaims filed by Defendant REDI-FRESH PRODUCE INC. shall be and hereby are dismissed with prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Magistrate Judge Andrew J. Peck on 6/17/2015) (tn) (Entered: 06/17/2015)
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| 50 |
Filed: 6/4/2015, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/22/2015 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) (Entered: 06/04/2015)
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| 49 |
Filed: 6/4/2015, Entered: None |
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TRANSCRIPT of Proceedings re: conference held on 5/22/2015 before Magistrate Judge Andrew J. Peck. Court Reporter/Transcriber: Sonya Ketter Huggins, (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 6/29/2015. Redacted Transcript Deadline set for 7/9/2015. Release of Transcript Restriction set for 9/8/2015.(McGuirk, Kelly) (Entered: 06/04/2015)
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| 48 |
Filed: 5/29/2015, Entered: None |
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LETTER addressed to Magistrate Judge Andrew J. Peck from John D. Kimball dated May 29, 2015 re: Status Update. Document filed by South Pacific Shipping Company Limited Inc..(Kimball, John) (Entered: 05/29/2015)
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| 47 |
Filed: 5/12/2015, Entered: None |
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ANSWER to 10 Counterclaim. Document filed by South Pacific Shipping Company Limited Inc..(Kimball, John) (Entered: 05/12/2015)
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| 46 |
Filed: 4/10/2015, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE CORRECTED proceeding held on 4/2/2015 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) (Entered: 04/10/2015)
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| 45 |
Filed: 4/10/2015, Entered: None |
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TRANSCRIPT of Proceedings re: CONFERENCE CORRECTED held on 4/2/2015 before Magistrate Judge Andrew J. Peck. Court Reporter/Transcriber: Sonya Ketter Huggins, (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 5/4/2015. Redacted Transcript Deadline set for 5/14/2015. Release of Transcript Restriction set for 7/13/2015.(McGuirk, Kelly) (Entered: 04/10/2015)
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| 44 |
Filed: 4/3/2015, Entered: None |
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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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Lewis A. Kaplan on 4/2/2015) (kgo) (Entered: 04/03/2015)
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| 43 |
Filed: 4/2/2015, Entered: None |
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LETTER addressed to Magistrate Judge Andrew J. Peck from James H. Power dated 4/2/2015 re: Attached hereto as Exhibit 1 is a copy of the Settlement Agreement and General Release ("Settlement") between NYKCool and the Noboa group entities including Truisfruit S.A. Document filed by Redi-Fresh Produce Inc. ***Docket and file instructions from chambers. (tn) (Entered: 04/02/2015)
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| 42 |
Filed: 3/17/2015, Entered: None |
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ORDER: Status Conference set for 4/2/2015 at 03:00 PM before Magistrate Judge Andrew J. Peck. (Signed by Magistrate Judge Andrew J. Peck on 3/16/2015) (tn) (Entered: 03/17/2015)
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| 41 |
Filed: 3/11/2015, Entered: None |
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ORDER denying 19 Motion to Dismiss Case as Frivolous; denying 19 Motion for Sanctions. Defendant's motion to dismiss and for sanctions [DI 19] is denied without prejudice. Plaintiff's cross-motion for attorneys fees and expenses [DI 21 is denied with prejudice. (Signed by Judge Lewis A. Kaplan on 3/11/2015) (spo) (Entered: 03/11/2015)
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| 40 |
Filed: 1/30/2015, Entered: None |
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RESPONSE re: 39 Objection to Report and Recommendations . Document filed by Redi-Fresh Produce Inc.. (Power, James) (Entered: 01/30/2015)
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| 39 |
Filed: 1/15/2015, Entered: None |
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OBJECTION to 34 Report and Recommendations Document filed by South Pacific Shipping Company Limited Inc.. (Kimball, John) (Entered: 01/15/2015)
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| 38 |
Filed: 1/12/2015, Entered: None |
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ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from James H. Power dated 1/9/2015 re: In light of the so ordered Stipulation we believe your order of January 5, 2014 would be moot but if that is not the case, we respectfully ask the Court for further guidance. ENDORSEMENT: Correct, the Stip. mooted my 1/5/15 order. (This issue would not have occurred if you had sent me a courtesy copy of the Stip. when it was submitted). (Signed by Magistrate Judge Andrew J. Peck on 1/12/2015) (tn) (Entered: 01/12/2015)
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| 37 |
Filed: 1/5/2015, Entered: None |
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STIPULATION WITH RESPECT TO FEES: that the quantum of Redi Fresh's attorneys' fees claimed by Redi Fresh, from March 3, 2014, through December 11, 2014, is $61,625.70, and that this amount is fair and reasonable. This STIPULATION is without prejudice to Redi Fresh submitting a request for additional attorney's fees incurred from December 12 through December 22, 2014 in preparing Redi Fresh's Fee Application which was rendered moot by this STIPULATION. (Signed by Judge Lewis A. Kaplan on 1/5/2015) (tn) (Entered: 01/05/2015)
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| 36 |
Filed: 1/5/2015, Entered: None |
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ORDER: Defendant was to file its motion for attorneys' fees by December 24, 2014. (See Dkt. No. 34: 12/11/14 R&R at 24.) It has not done so, nor has it sought an extension of time to do so. Redi Fresh is to file its attorneys' fees motion by January 14, 2015, and South Pacific is to file its opposition by January 28, 2015. If Redi Fresh does not timely file its motion, the Court will consider it as having abandoned its request for attorneys' fees. (Motions due by 1/14/2015. Responses due by 1/28/2015) (Signed by Magistrate Judge Andrew J. Peck on 1/5/2015) (tn) (Entered: 01/05/2015)
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| 35 |
Filed: 12/23/2014, Entered: None |
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STIPULATION EXTENDING PLAINTIFF'S TIME TO FILE OBJECTIONS TO MAGISTRATE JUDGE PECK'S REPORT & RECOMMENDATION: that the time for Plaintiff SOUTH PACIFIC SHIPPING COMPANY LIMITED INC. ("South Pacific") and its undersigned attorneys, to file objections to Magistrate Judge Peck's Report & Recommendation in the above-entitled action shall be and is hereby extended from December 26, 2014, to and including January 15, 2015. Defendant shall have until January 30, 2015, to file its response. (Objections to R&R due by 1/15/2015, Replies due by 1/30/2015.) (Signed by Judge Loretta A. Preska on 12/23/2014) (tn) (Entered: 12/23/2014)
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| 34 |
Filed: 12/11/2014, Entered: None |
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REPORT AND RECOMMENDATION re: 19 MOTION to Dismiss Case as Frivolous . MOTION for Sanctions filed by Redi-Fresh Produce Inc.: For the reason's set forth above, Redi Fresh's motion (Dkt. No. 19) for Rule 11 sanctions should be GRANTED and South Pacific's complaint should be DISMISSED. South Pacific's cross motion (Dkt. No. 21) for attorneys' fees and expenses incurred in defending against the motion should be DENIED. Redi Fresh is to present its billing records to South Pacific by December 15, 2014. If there is no agreement as to fees (without waiver of South Pacific's right to file objections to this Report & Recommendation), Redi Fresh is to file its billing record and a brief in support of its fee request to the Court by December 24, 2014. South Pacific's opposition papers are due by January 7, 2015. Redi Fresh will be entitled to its reasonable fees for its fee application. Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from service of this Report to file written objections. See also Fed. R. Civ. P. 6. Such objections (and any responses to objections) shall be filed with the Clerk of the Court, with courtesy copies delivered to the chambers of the Honorable Lewis A. Kaplan, 500 Pearl Street, Room 2240, and to my chambers, 500 Pearl Street, Room 1370. Any requests for an extension of time for filing objections must be directed to Judge Kaplan (with a courtesy copy to my chambers). Failure to file objections will result in a waiver of those objections for purposes of appeal. Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466 (1985); Ingram v. Herrick, 475 F. App'x 793, 793 (2d Cir. 2012); IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1054 (2d Cir. 1993), cert. denied, 513 U.S. 822, 115 S. Ct. 86 (1994); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992), cert. denied, 506 U.S. 1038, 113 S. Ct. 825 (1992); Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989); Wesolek v. Canadair Ltd., 838 F.2d 55, 57-59 (2d Cir. 1988); McCarthy v. Manson, 714 F.2d 234, 237-38 (2d Cir. 1983). Objections to R&R due by 12/29/2014 (Signed by Magistrate Judge Andrew J. Peck on 12/9/2014) (tn) (Entered: 12/11/2014)
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| 33 |
Filed: 11/17/2014, Entered: None |
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REPLY MEMORANDUM OF LAW in Opposition re: 19 MOTION to Dismiss Case as Frivolous . MOTION for Sanctions . . Document filed by South Pacific Shipping Company Limited Inc.. (Attachments: # 1 Exhibit # 1 of Sur-Reply in Opposition To Defendant's Motion To Dismiss and For Sanctions)(Kimball, John) (Entered: 11/17/2014)
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| 32 |
Filed: 11/12/2014, Entered: None |
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ORDER granting 30 Letter Motion for Extension of Time to File Response/Reply: Approved. (Signed by Magistrate Judge Andrew J. Peck on 11/12/2014) (tn) (Entered: 11/13/2014)
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| 31 |
Filed: 11/13/2014, Entered: None |
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LETTER addressed to Magistrate Judge Andrew J. Peck from John D. Kimball dated 11/13/14 re: Advising the Court that the Letter Motion Filed on 11/12/14 for an Extension of Time to File the Sur-Reply is Consented to by Counsel for Defendant. Document filed by South Pacific Shipping Company Limited Inc..(Kimball, John) (Entered: 11/13/2014)
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| 30 |
Filed: 11/12/2014, Entered: None |
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LETTER MOTION for Extension of Time to File Response/Reply as to 29 Memo Endorsement, Set Deadlines,, addressed to Magistrate Judge Andrew J. Peck from John D. Kimball dated 11/12/14. Document filed by South Pacific Shipping Company Limited Inc..(Kimball, John) (Entered: 11/12/2014)
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| 29 |
Filed: 11/10/2014, Entered: None |
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MEMO ENDORSEMENT on re: 27 Letter filed by South Pacific Shipping Company Limited Inc. ENDORSEMENT: 1. Motion to strike is DENIED. 2. A SUR-REPLY LTD. TO 5 PAGES OF BRIEF AND/OR AFFIDAVIT, BY 11/13/14, APPROVED. (Surreplies due by 11/13/2014.) (Signed by Magistrate Judge Andrew J. Peck on 11/10/2014) (tn) (Entered: 11/10/2014)
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| 28 |
Filed: 11/3/2014, Entered: None |
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LETTER addressed to Judge Lewis A. Kaplan from James H. Power dated November 3, 2014 re: Opposition to South Pacific's letter requesting declaration of Michael Stamatis be stricken or South Pacific be authorized to file a surreply.. Document filed by Redi-Fresh Produce Inc..(Power, James) (Entered: 11/03/2014)
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| 27 |
Filed: 11/3/2014, Entered: None |
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LETTER addressed to Judge Lewis A. Kaplan from John D. Kimball dated 11/3/14 re: In Response to Defendant's Opposition Papers. Document filed by South Pacific Shipping Company Limited Inc..(Kimball, John) (Entered: 11/03/2014)
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| 26 |
Filed: 10/31/2014, Entered: None |
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DECLARATION of Michael Stamatis in Support re: 19 MOTION to Dismiss Case as Frivolous . MOTION for Sanctions .. Document filed by Redi-Fresh Produce Inc.. (Power, James) (Entered: 10/31/2014)
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| 25 |
Filed: 10/31/2014, Entered: None |
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DECLARATION of James H. Power in Support re: 19 MOTION to Dismiss Case as Frivolous . MOTION for Sanctions .. Document filed by Redi-Fresh Produce Inc.. (Attachments: # 1 Exhibit 1-2, # 2 Exhibit 3, # 3 Exhibit 4)(Power, James) (Entered: 10/31/2014)
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| 24 |
Filed: 10/31/2014, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 19 MOTION to Dismiss Case as Frivolous . MOTION for Sanctions . . Document filed by Redi-Fresh Produce Inc.. (Power, James) (Entered: 10/31/2014)
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| 23 |
Filed: 10/24/2014, Entered: None |
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DECLARATION of John D. Kimball in Opposition re: 19 MOTION to Dismiss Case as Frivolous . MOTION for Sanctions .. Document filed by South Pacific Shipping Company Limited Inc.. (Attachments: # 1 Exhibit 16 to Kimball Declaration, # 2 Exhibit 17 to Kimball Declaration, # 3 Exhibit 18 to Kimball Declaration, # 4 Exhibit 19 to Kimball Declaration, # 5 Exhibit 20 to Kimball Declaration)(Kimball, John) (Entered: 10/24/2014)
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| 22 |
Filed: 10/24/2014, Entered: None |
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DECLARATION of Jorge Guerrero in Opposition re: 19 MOTION to Dismiss Case as Frivolous . MOTION for Sanctions .. Document filed by South Pacific Shipping Company Limited Inc.. (Attachments: # 1 Exhibit 1 to Guerrero Declaration, # 2 Exhibit 2 to Guerrero Declaration, # 3 Exhibit 3 to Guerrero Declaration, # 4 Exhibit 4 to Guerrero Declaration, # 5 Exhibit 5 to Guerrero Declaration, # 6 Exhibit 6 to Guerrero Declaration, # 7 Exhibit 7 to Guerrero Declaration, # 8 Exhibit 8 to Guerrero Declaration, # 9 Exhibit 9 to Guerrero Declaration, # 10 Exhibit 10 to Guerrero Declaration, # 11 Exhibit 11 to Guerrero Declaration, # 12 Exhibit 12 to Guerrero Declaration, # 13 Exhibit 13 to Guerrero Declaration, # 14 Exhibit 14, Part One to Guerrero Declaration, # 15 Exhibit 14, Part 2 to Guerrero Declaration, # 16 Exhibit 14, Part 3 to Guerrero Declaration, # 17 Exhibit 14, Part 4 to Guerrero Declaration, # 18 Exhibit 15 to Guerrero Declaration)(Kimball, John) (Entered: 10/24/2014)
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| 21 |
Filed: 10/24/2014, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 19 MOTION to Dismiss Case as Frivolous . MOTION for Sanctions . . Document filed by South Pacific Shipping Company Limited Inc.. (Kimball, John) (Entered: 10/24/2014)
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| 20 |
Filed: 10/10/2014, Entered: None |
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MEMORANDUM OF LAW in Support re: 19 MOTION to Dismiss Case as Frivolous . MOTION for Sanctions . . Document filed by Redi-Fresh Produce Inc.. (Power, James) (Entered: 10/10/2014)
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| 19 |
Filed: 10/10/2014, Entered: None |
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MOTION to Dismiss Case as Frivolous .( Responses due by 10/24/2014), MOTION for Sanctions . Document filed by Redi-Fresh Produce Inc..(Power, James) (Entered: 10/10/2014)
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| 18 |
Filed: 10/3/2014, Entered: None |
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ORDER granting 17 Letter Motion for Extension of Time: Approved. (Signed by Magistrate Judge Andrew J. Peck on 10/3/2014) (tn) (Entered: 10/03/2014)
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| 17 |
Filed: 10/3/2014, Entered: None |
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JOINT LETTER MOTION for Extension of Time for Defendant to File its Motion and for Revised Briefing Schedule on the Motion addressed to Magistrate Judge Andrew J. Peck from John D. Kimball dated 10/3/14. Document filed by South Pacific Shipping Company Limited Inc..(Kimball, John) (Entered: 10/03/2014)
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| 16 |
Filed: 8/6/2014, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/29/14 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) (Entered: 08/06/2014)
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| 15 |
Filed: 8/6/2014, Entered: None |
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TRANSCRIPT of Proceedings re: conference held on 7/29/2014 before Magistrate Judge Andrew J. Peck. Court Reporter/Transcriber: Rebecca Forman, (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 9/2/2014. Redacted Transcript Deadline set for 9/11/2014. Release of Transcript Restriction set for 11/7/2014.(McGuirk, Kelly) (Entered: 08/06/2014)
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| 14 |
Filed: 7/29/2014, Entered: None |
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SCHEDULING ORDER: Based on the Rule 16 Initial Pretrial Conference today (see transcript), the Court establishes the following schedule for defendant's motion to dismiss and for Rule 11 sanctions: Motions due by 10/3/2014. Responses due by 10/17/2014 Replies due by 10/24/2014. Discovery is stayed pending further Court order. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 7/29/2014) Copies Sent By Chambers. (ama) (Entered: 07/29/2014)
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| 13 |
Filed: 7/3/2014, Entered: None |
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MEMO ENDORSED ORDER granting 12 Letter Motion to Adjourn Conference. ENDORSEMENT: Conf. rescheduled to 7/29 at 10 AM. The Court expects the parties to have made an extensive Rule 25(f) report given the additional time. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 7/3/2014) (ajs) (Entered: 07/03/2014)
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| 12 |
Filed: 7/3/2014, Entered: None |
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LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Andrew J. Peck from Kate B. Belmont dated 7/3/14. Document filed by South Pacific Shipping Company Limited Inc..(Belmont, Kate) (Entered: 07/03/2014)
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| 11 |
Filed: 7/2/2014, Entered: None |
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ORDER: The Court will hold a Rule 16 scheduling conference on July 10 at 2 P.M. Counsel shall hold their Rule 26(f) meet and confer prior to July 10th and report the results to the Court at or before the Rule 16 conference. (Signed by Magistrate Judge Andrew J. Peck on 7/2/2014) (ajs) (Entered: 07/02/2014)
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| 10 |
Filed: 6/17/2014, Entered: None |
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ANSWER to Complaint., COUNTERCLAIM against South Pacific Shipping Company Limited Inc.. Document filed by Redi-Fresh Produce Inc..(Power, James) (Entered: 06/17/2014)
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| 9 |
Filed: 6/17/2014, Entered: None |
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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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Lewis A. Kaplan on 6/16/2014) (rjm) (Entered: 06/17/2014)
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| 8 |
Filed: 6/17/2014, Entered: None |
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LETTER addressed to Judge Lewis A. Kaplan from John D. Kimball dated 6/13/2014 re: We represent plaintiff South Pacific Shipping Company Limited Inc. ("South Pacific"), in this matter. We write to oppose defendant's application to relate this matter to NYKCool A.B. v. Pacific International Services. Inc., etal, 12-cv-5754 (LAK) ("NYK Cool Litigation"). For the reasons discussed below, these are separate and distinct cases, involving different facts and legal issues. Document filed by South Pacific Shipping Company Limited Inc. (rjm) (Entered: 06/17/2014)
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| 7 |
Filed: 6/13/2014, Entered: None |
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CERTIFICATE OF SERVICE of Notice of Removal and supporting documents served on Blank Rome LLP on 6/10/2014. Service was made by Mail. Document filed by Redi-Fresh Produce Inc.. (Power, James) (Entered: 06/13/2014)
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| 6 |
Filed: 6/12/2014, Entered: None |
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NOTICE OF APPEARANCE by Kate Bea Belmont on behalf of South Pacific Shipping Company Limited Inc.. (Belmont, Kate) (Entered: 06/12/2014)
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| 5 |
Filed: 6/12/2014, Entered: None |
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NOTICE OF APPEARANCE by John Devereux Kimball on behalf of South Pacific Shipping Company Limited Inc.. (Kimball, John) (Entered: 06/12/2014)
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| 4 |
Filed: 6/12/2014, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Redi-Fresh Produce Inc..(Power, James) (Entered: 06/12/2014)
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| 3 |
Filed: 6/10/2014, Entered: None |
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STATEMENT OF RELATEDNESS re: that this action be filed as related to 12cv5754. Document filed by Redi-Fresh Produce Inc..(laq) (Entered: 06/12/2014)
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Filed: 6/10/2014, Entered: None |
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NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: not indicated. (Filing Fee $ 350.00, Receipt Number 1097304).Document filed by Redi-Fresh Produce Inc..(laq) (Entered: 06/12/2014)
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| 1 |
Filed: 6/10/2014, Entered: None |
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CIVIL COVER SHEET filed. (laq) (Entered: 06/12/2014)
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