1:23-CV-00292
01/12/2023
Pending - Other Pending
Contract - Other Contract
Lorna G. Schofield
Binh Thanh Import Export Production & Trade Joint Stock Co. doing business as Gilimex
Amazon.com Services LLC doing business as Amazon Robotics
Marc E. Kasowitz
Attorney at Kasowitz, Benson, Torres LLP (NYC)
1633 Broadway
New York, NY 10019
Edward Elliott Filusch
Attorney at Kasowitz, Benson, Torres and Friedman
1633 Broadway
New York, NY 10019
Jonathan Pryor
Attorney at Kasowitz Benson Torres LLP
1633 Broadway
New York, NY 10019
Victor J Brienza
Attorney at Kasowitz, Benson, Torres LLP (NYC)
1633 Broadway
New York, NY 10019
Adam Ross Mandelsberg
Attorney at Perkins Coie LLP
1155 Avenue Of The Americas, 22Nd Floor
New York, NY 10036
Evelyn Yue Pang
Attorney at Perkins Coie LLP
1155 Avenue Of The Americas, 22Nd Floor
New York, NY 10036
Margaret Winterkorn Meyers
Attorney at Perkins Coie LLP
1155 Avenue Of The Americas, 22Nd Floor
New York, NY 10036
Alan B. Howard
Attorney at Perkins Coie LLP
1155 Avenue Of The Americas, 22Nd Floor
New York, NY 10036
(#31) STIPULATION AND ORDER REGARDING ELECTRONIC DISCOVERY PROTOCOL: Plaintiff Binh Thanh Import Export Production & Trade Joint Stock Co., d/b/a Gilimex, Inc. ("Gilimex") and defendant Amazon.com Services LLC ("Amazon;" together with Gilimex, the "Parties"), by their respective counsel, hereby agree to this stipulated agreement regarding protocol for electronically stored information and respectfully request that the Court enter an Order approving the same. As further set forth by this Order. As stated in the Order denying a stay of discovery at Dkt. No. 30, the parties shall meet and confer in an effort to agree on a reasonable scope of discovery and to narrow or resolve any disputes before seeking court intervention on individual discovery requests. So Ordered. (Signed by Judge Lorna G. Schofield on 3/6/2023) (tg) (Entered: 03/06/2023)
(#30) ORDER denying #28 Letter Motion for Conference re: #28 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Alan B. Howard dated March 2, 2023. Defendant's request for a stay of discovery is DENIED. The parties shall meet and confer in an effort to agree on a reasonable scope of discovery and to narrow or resolve any disputes before seeking court intervention on individual discovery requests.. (Signed by Judge Lorna G. Schofield on 3/3/2023) (ks) (Entered: 03/03/2023)
(#29) PROPOSED STIPULATION AND ORDER. Document filed by Binh Thanh Import Export Production & Trade Joint Stock Co...(Filusch, Edward) (Entered: 03/03/2023)
(#28) LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Alan B. Howard dated March 2, 2023. Document filed by Amazon.com Services LLC..(Howard, Alan) (Entered: 03/02/2023)
(#27) MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss Complaint. . Document filed by Amazon.com Services LLC..(Howard, Alan) (Entered: 02/24/2023)
(#26) MOTION to Dismiss Complaint. Document filed by Amazon.com Services LLC..(Howard, Alan) (Entered: 02/24/2023)
(#25) STIPULATION AND CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lorna G. Schofield on 2/21/2023) (rro) (Entered: 02/21/2023)
(#24) PROPOSED STIPULATION AND ORDER. Document filed by Binh Thanh Import Export Production & Trade Joint Stock Co...(Filusch, Edward) (Entered: 02/17/2023)
(#23) CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). This case is to be tried to a jury. Amended Pleadings due by 3/31/2023. Joinder of Parties due by 3/31/2023. Deposition due by 9/6/2023. Expert Discovery due by 10/20/2023. Fact Discovery due by 9/6/2023. Telephone Conference set for 11/8/2023 at 04:20 PM before Judge Lorna G. Schofield. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. Counsel for the parties have conferred and their present best estimate of the length of trialis two weeks. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/3/2023) (ks) Modified on 3/2/2023 (ks). (Entered: 02/03/2023)
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Exhibit - Proposed Civil Case Management Plan & Scheduling Order
Main Document
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Docket(#31) STIPULATION AND ORDER REGARDING ELECTRONIC DISCOVERY PROTOCOL: Plaintiff Binh Thanh Import Export Production & Trade Joint Stock Co., d/b/a Gilimex, Inc. ("Gilimex") and defendant Amazon.com Services LLC ("Amazon;" together with Gilimex, the "Parties"), by their respective counsel, hereby agree to this stipulated agreement regarding protocol for electronically stored information and respectfully request that the Court enter an Order approving the same. As further set forth by this Order. As stated in the Order denying a stay of discovery at Dkt. No. 30, the parties shall meet and confer in an effort to agree on a reasonable scope of discovery and to narrow or resolve any disputes before seeking court intervention on individual discovery requests. So Ordered. (Signed by Judge Lorna G. Schofield on 3/6/2023) (tg) (Entered: 03/06/2023)
[-] Read LessDocket(#30) ORDER denying #28 Letter Motion for Conference re: #28 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Alan B. Howard dated March 2, 2023. Defendant's request for a stay of discovery is DENIED. The parties shall meet and confer in an effort to agree on a reasonable scope of discovery and to narrow or resolve any disputes before seeking court intervention on individual discovery requests.. (Signed by Judge Lorna G. Schofield on 3/3/2023) (ks) (Entered: 03/03/2023)
[-] Read LessDocket(#29) PROPOSED STIPULATION AND ORDER. Document filed by Binh Thanh Import Export Production & Trade Joint Stock Co...(Filusch, Edward) (Entered: 03/03/2023)
[-] Read LessDocket(#28) LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Alan B. Howard dated March 2, 2023. Document filed by Amazon.com Services LLC..(Howard, Alan) (Entered: 03/02/2023)
[-] Read LessDocket(#27) MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss Complaint. . Document filed by Amazon.com Services LLC..(Howard, Alan) (Entered: 02/24/2023)
[-] Read LessDocket(#26) MOTION to Dismiss Complaint. Document filed by Amazon.com Services LLC..(Howard, Alan) (Entered: 02/24/2023)
[-] Read LessDocket(#25) STIPULATION AND CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lorna G. Schofield on 2/21/2023) (rro) (Entered: 02/21/2023)
[-] Read LessDocket(#24) PROPOSED STIPULATION AND ORDER. Document filed by Binh Thanh Import Export Production & Trade Joint Stock Co...(Filusch, Edward) (Entered: 02/17/2023)
[-] Read LessDocketSet/Reset Deadlines: Expert Discovery due by 10/20/2023. (ks) (Entered: 03/02/2023)
[-] Read LessDocket(#23) CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). This case is to be tried to a jury. Amended Pleadings due by 3/31/2023. Joinder of Parties due by 3/31/2023. Deposition due by 9/6/2023. Expert Discovery due by 10/20/2023. Fact Discovery due by 9/6/2023. Telephone Conference set for 11/8/2023 at 04:20 PM before Judge Lorna G. Schofield. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. Counsel for the parties have conferred and their present best estimate of the length of trialis two weeks. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/3/2023) (ks) Modified on 3/2/2023 (ks). (Entered: 02/03/2023)
[-] Read LessDocket(#4) NOTICE OF APPEARANCE by Adam Ross Mandelsberg on behalf of Amazon.com Services LLC..(Mandelsberg, Adam) (Entered: 01/17/2023)
[-] Read LessDocketNOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Analisa Torres is no longer assigned to the case. (vba) (Entered: 01/17/2023)
[-] Read LessDocket(#3) CERTIFICATE OF SERVICE of Defendant's Notice of Removal with Exhibits A and B, Civil Cover Sheet, Individual Practices in Civil Cases of Analisa Torres, United States District Judge and SDNY Electronic Filing Rules served on Plaintiff on January 13, 2023. Service was made by Overnight Mail. Document filed by Amazon.com Services LLC..(Howard, Alan) (Entered: 01/13/2023)
[-] Read LessDocket***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alan B. Howard. 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;. (pc) (Entered: 01/13/2023)
[-] Read LessDocket***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alan B. Howard. The party information for the following party/parties has been modified: AMAZON.COM SERVICES LLC, D/B/A AMAZON ROBOTICS, BINH THANH IMPORT EXPORT PRODUCTION & TRADE JOINT STOCK CO., D/B/A GILIMEX, INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted; DO NOT TYPE ALL PARTY NAMES IN ALL CAPS. (pc) (Entered: 01/13/2023)
[-] Read LessDocketCase Designated ECF. (pc) (Entered: 01/13/2023)
[-] Read LessDocketMagistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) (Entered: 01/13/2023)
[-] Read LessDocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) (Entered: 01/13/2023)
[-] Read LessDocket(#2) CIVIL COVER SHEET filed..(Howard, Alan) (Entered: 01/12/2023)
[-] Read LessDocket(#1) NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 654794/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-27197481).Document filed by AMAZON.COM SERVICES LLC, D/B/A AMAZON ROBOTICS. (Attachments: #1 Exhibit A - Summons and Complaint filed in the New York Supreme Court, New York County, #2 Exhibit B - Affidavit of Service of the Summons and Complaint filed in the New York Supreme Court, New York County).(Howard, Alan) (Entered: 01/12/2023)
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