Ewen v. Royalton Luxury Resort et al
New York Eastern District Court | |
Judge: | Pamela K Chen |
Referred: | Roanne L Mann |
Case #: | 1:21-cv-03504 |
Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
Cause | Disbarment Proceedings |
Case Filed: | Jun 22, 2021 |
Terminated: | Apr 19, 2022 |
Last checked: Sunday Dec 19, 2021 4:17 AM EST |
Defendant
Royalton Luxury Resort
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Defendant
Sunswing Travel Group
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Represented By
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Defendant
Blue Diamond Hotels and Resorts
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Defendant
Travel Zap d/b/a Destify
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Defendant
White Diamond Hotels and Resorts Limited
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Plaintiff
Paul Ewen
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Represented By
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Docket last updated: 04/25/2025 11:59 PM EDT |
Tuesday, April 19, 2022 | ||
order
~Util - Terminate Civil Case
Tue 04/19 9:03 AM
Civil Case Terminated. See39 stipulation of dismissal. (Kim, Eliot) |
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Monday, April 18, 2022 | ||
39 | 39
![]() STIPULATION of Dismissal by Blue Diamond Hotels and Resorts, Sunswing Travel Group, White Diamond Hotels and Resorts Limited (Goodstadt, Daniel) |
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Monday, April 04, 2022 | ||
38 | 38
![]() Letter to Hon. Pamela K. Chen by Blue Diamond Hotels and Resorts, Sunswing Travel Group, White Diamond Hotels and Resorts Limited (Goodstadt, Daniel) |
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order
Scheduling Order
Mon 04/04 3:34 PM
ORDER: Plaintiff's38 second Extension Request is granted. In light of ongoing settlement discussions, the parties shall file a stipulation of dismissal by 4/18/2022. If the parties do not file a stipulation of dismissal by that date, the schedule shall proceed as follows: Jurisdictional discovery shall close on 4/18/2022. By 5/18/2022, Defendants Blue Diamond and White Diamond may file any motions to dismiss, and Sunwing may supplement its22 motion to dismiss. Motions to dismiss by Defendants Blue Diamond and White Diamond shall not exceed 25 pages, and any supplemental filing by Sunwing shall not exceed 15 pages. Plaintiff may file opposition papers to any such additional motions and Defendant Sunwing's supplemental filing by 6/17/2022. Defendants Blue Diamond and White Diamond shall file any reply papers by 7/8/2022. As a courtesy to the Court, the parties are encouraged not to file their motion papers until the motion is fully briefed. If the parties follow this practice, the motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed, as a letter, not as a motion. On the day the motion is fully briefed, the parties should electronically file their papers in accordance with the Court's individual practices and rules. Ordered by Judge Pamela K. Chen on 4/4/2022. (Kim, Eliot) |
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Monday, March 21, 2022 | ||
37 | 37
![]() Letter requesting 2-week extension of all outstanding deadlines to allow for execution of settlement papers by Paul Ewen (Lust, Daniel) |
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order
Scheduling Order
Mon 03/21 3:53 PM
ORDER: Plaintiff's37 Extension Request is granted. In light of the settlement, the parties shall file a stipulation of dismissal by 4/4/2022. If the parties do not file a stipulation of dismissal by that date, the schedule shall proceed as follows: Jurisdictional discovery shall close on 4/4/2022. By 5/4/2022, Defendants Blue Diamond and White Diamond may file any motions to dismiss, and Sunwing may supplement its22 motion to dismiss. Motions to dismiss by Defendants Blue Diamond and White Diamond shall not exceed 25 pages, and any supplemental filing by Sunwing shall not exceed 15 pages. Plaintiff may file opposition papers to any such additional motions and Defendant Sunwing's supplemental filing by 6/3/2022. Defendants Blue Diamond and White Diamond shall file any reply papers by 6/24/2022. As a courtesy to the Court, the parties are encouraged not to file their motion papers until the motion is fully briefed. If the parties follow this practice, the motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed, as a letter, not as a motion. On the day the motion is fully briefed, the parties should electronically file their papers in accordance with the Court's individual practices and rules. Ordered by Judge Pamela K. Chen on 3/21/2022. (Sharon, William) |
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Tuesday, March 15, 2022 | ||
36 | 36
![]() Letter by Blue Diamond Hotels and Resorts, Sunswing Travel Group, White Diamond Hotels and Resorts Limited (Goodstadt, Daniel) |
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order
Scheduling Order
Tue 03/15 4:08 PM
ORDER: Defendants'36 request is granted. Defendants Blue Diamond and White Diamond shall file any reply papers by 6/10/2022. As a courtesy to the Court, the parties are encouraged not to file their motion papers until the motion is fully briefed. If the parties follow this practice, the motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed, as a letter, not as a motion. On the day the motion is fully briefed, the parties should electronically file their papers in accordance with the Court's individual practices and rules. Ordered by Judge Pamela K. Chen on 3/15/2022. (Sharon, William) |
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Monday, March 14, 2022 | ||
35 | 35
![]() Letter requesting a 1-week extension of all outstanding deadlines addressed in the court's January 13, 2022 order by Paul Ewen (Lust, Daniel) |
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order
Scheduling Order
Mon 03/14 3:37 PM
ORDER: Plaintiff's35 Extension Request is granted. Jurisdictional discovery shall close on 3/21/2022. By 4/20/2022, Defendants Blue Diamond and White Diamond may file any motions to dismiss, and Sunwing may supplement its22 motion to dismiss. Motions to dismiss by Defendants Blue Diamond and White Diamond shall not exceed 25 pages, and any supplemental filing by Sunwing shall not exceed 15 pages. Plaintiff may file opposition papers to any such additional motions and Defendant Sunwing's supplemental filing by 5/20/2022. Ordered by Judge Pamela K. Chen on 3/14/2022. (Sharon, William) |
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Wednesday, March 09, 2022 | ||
order
Order Dismissing Parties
Wed 03/09 1:28 PM
Order Dismissing Party: The34 Stipulation of Dismissal as to Travel Zap d/b/a Destify is So Ordered. Ordered by Judge Pamela K. Chen on 3/9/2022. (Gonzalez, Fida) |
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Tuesday, March 08, 2022 | ||
34 | 34
![]() STIPULATION of Dismissal with Prejudice as to defendant Travel Zap only by Travel Zap d/b/a Destify (Berger, Cheryl) |
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Friday, March 04, 2022 | ||
33 | 33
![]() Letter Advising the Court of Settlement between plaintiff and Travel Zap only by Travel Zap d/b/a Destify (Berger, Cheryl) |
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Thursday, January 27, 2022 | ||
order
Order on Motion for Leave to File
Thu 01/27 4:41 PM
ORDER: The Court has received Defendant Travel Zap's31 Motion and32 Letter. The Court previously ordered that Travel Zap may move to dismiss for "lack of personal jurisdiction" under Federal Rule of Civil Procedure 12(b)(2) based on the forum selection clause. The Court also allowed Travel Zap "to move to dismiss on additional bases... except that Travel Zap may not move to dismiss for lack of personal jurisdiction , other than on the basis of the forum selection clause. ( See 10/26/2022 Docket Order (emphasis added).) Nothing in the Court's orders prevents Travel Zap from moving to dismiss under Rule 12(b)(4) for "insufficient process" or Rule 12(b)(5) for "insufficient service of process." See Santos v. State Farm Fire & Cas. Co. , 902 F.2d 1092, 1095 (2d Cir. 1990) ("As one would reasonably infer from the fact that the Rules list separately the defenses of lack of personal jurisdiction and insufficiency of service of process, these two defenses, while often related, are not identical."). In any event, if Travel Zap wishes to style its motion as one for lack of personal jurisdiction based on failure to serve, it may do so. Ordered by Judge Pamela K. Chen on 1/27/2022. (Sharon, William) |
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Wednesday, January 26, 2022 | ||
32 | 32
![]() Letter Clarifying ECF No. 31 regarding Travel Zap's grounds to dismiss based on personal jurisdiction by Travel Zap d/b/a Destify (Berger, Cheryl) |
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31 | 31
![]() MOTION for Leave to File Document Motion to Dismiss to include Lack of Personal Jurisdiction on all grounds including insufficient service which Travel Zap did not waive by Travel Zap d/b/a Destify. (Berger, Cheryl) |
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30 | 30
![]() Consent MOTION for Extension of Time to File Motion to Dismiss on all grounds by Travel Zap d/b/a Destify. (Berger, Cheryl) |
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order
Order on Motion for Extension of Time to File
Wed 01/26 2:47 PM
ORDER: Defendant Travel Zap's30 Motion for Extension, on consent is granted. By 3/11/2022, Travel Zap shall file a motion to dismiss. By 4/1/2022, Plaintiff shall file a response. By 4/15/2022, Travel Zap shall file a reply, if any. Travel Zap's request to move to dismiss on additional bases to those permitted in the Court's 1/24/2022 Order also is granted, except that Travel Zap may not move to dismiss for lack of personal jurisdiction, other than on the basis of the forum selection clause, unless it first undergoes the specified jurisdictional discovery that the Court ordered on 1/13/2022. As a courtesy to the Court, the parties are encouraged not to file their motion papers until the motion is fully briefed. If the parties follow this practice, the motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed, as a letter, not as a motion. On the day the motion is fully briefed, the parties should electronically file their papers in accordance with the Court's individual practices and rules. Ordered by Judge Pamela K. Chen on 1/26/2022. (Sharon, William) |
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Monday, January 24, 2022 | ||
29 | 29
![]() REPLY in Support re27 MOTION for Extension of Time to File Answer re7 Amended Complaint and stay discovery as against Travel Zap filed by Travel Zap d/b/a Destify. (Berger, Cheryl) |
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Att: 1
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28 | 28
![]() RESPONSE to Motion re27 MOTION for Extension of Time to File Answer re7 Amended Complaint and stay discovery as against Travel Zap filed by Paul Ewen. (Lust, Daniel) |
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order
Order on Motion for Extension of Time to Answer
Mon 01/24 3:22 PM
ORDER: In light of Defendant Travel Zap's27 Motion and29 Reply, as well as Plaintiff's28 Response and the25 Summons, the Court modifies its 1/13/2022 order and sets the following schedule: (1) By 2/11/2022, Travel Zap shall file a motion to dismiss based solely on (a) the forum selection clause in its agreement with Plaintiff, and (b) the alleged deficient service of summons; (2) By 2/25/2022, Plaintiff shall file a response; (3) By 3/4/2022, Travel Zap shall file a reply, if any. Jurisdictional discovery is stayed as to Travel Zap pending resolution of these threshold issues. In light of the briefing schedule on the anticipated motion to dismiss, Travel Zap's27 Motion for Extension is denied as moot. Ordered by Judge Pamela K. Chen on 1/24/2022. (Sharon, William) |
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Thursday, January 13, 2022 | ||
27 | 27
![]() MOTION for Extension of Time to File Answer re7 Amended Complaint and stay discovery as against Travel Zap by Travel Zap d/b/a Destify. (Berger, Cheryl) |
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26 | 26
![]() NOTICE of Appearance by Cheryl Berger on behalf of Travel Zap d/b/a Destify (aty to be noticed) (Berger, Cheryl) |
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25 | 25
![]() SUMMONS Returned Executed by Paul Ewen. Travel Zap d/b/a Destify served on 10/25/2021, answer due 11/15/2021. (Lust, Daniel) |
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minutes
Pre Motion Conference
Thu 01/13 4:56 PM
MINUTE ENTRY for proceedings held before Judge Pamela K. Chen: Pre-Motion Conference held on 1/13/2022, via video. Appearances by Daniel Lust for Plaintiff; Daniel Goodstadt for Defendants Sunwing Travel Group, Blue Diamond Hotels and Resorts, and White Diamond Hotels and Resorts Limited. Case called. Discussion held regarding the parties'20 and21 letters and22 ,23 , and24 motion papers. Plaintiff indicated that Defendant Travel Zap has been served with the summons and complaint, and the Court directed Plaintiff to file proof of service as to Defendant Travel Zap. The Court also set a 60-day schedule for limited discovery into all Defendants' contacts with New York, such as Defendants' revenue stemming from any business in New York, and any advertising directed at New York consumers. This discovery shall close on 3/14/2022. By 4/13/2022, Defendants Blue Diamond, White Diamond, and Travel Zap may file any motions to dismiss, and Sunwing may supplement its22 motion to dismiss. Motions to dismiss by Defendants Blue Diamond, White Diamond, and Travel Zap shall not exceed 25 pages, and any supplemental filing by Sunwing shall not exceed 15 pages. Plaintiff may file opposition papers to any such additional motions and Defendant Sunwing's supplemental filing by 5/13/2022. Defendants Blue Diamond, White Diamond, and Travel Zap may file any reply papers by 5/27/2022. (Court Reporter Victoria Torres Butler.) (Sharon, William) |
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Wednesday, January 12, 2022 | ||
24 | 24
![]() MEMORANDUM in Opposition re22 Notice of MOTION to Dismiss filed by Paul Ewen. (Lust, Daniel) |
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23 | 23
![]() REPLY in Support re22 Notice of MOTION to Dismiss filed by Sunswing Travel Group. (Goodstadt, Daniel) |
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22 | 22
![]() Notice of MOTION to Dismiss by Sunswing Travel Group. (Goodstadt, Daniel) |
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utility
Email Test
Wed 01/12 1:25 PM
Email Notification Test - DO NOT REPLY. (Gonzalez, Fida) |
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Thursday, January 06, 2022 | ||
order
Order on Motion for Extension of Time to Answer Order on Motion for Pre Motion Conference
Thu 01/06 6:02 PM
Order: Defendants'20 Motion requesting a pre-motion conference is granted. The Court will conduct a pre-motion conference on 1/13/2021 at 12:00 p.m. The conference will be held by video on WebEx. The parties will receive the WebEx link via email. The public may listen to the audio of the video conference by calling the conference number 1-650-479-3207, and using the access code 2305 426 4566. In light of the20 Motion for premotion conference, Defendants'17 Motion for an extension is denied as moot. Ordered by Judge Pamela K. Chen on 1/6/2022. (Sharon, William) |
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Tuesday, January 04, 2022 | ||
21 | 21
![]() Letter Response to Defendants' request for pre motion conference and Order setting a briefing schedule by Paul Ewen (Lust, Daniel) |
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Tuesday, December 28, 2021 | ||
20 | 20
![]() Letter MOTION for pre motion conference and Order setting a briefing schedule by Blue Diamond Hotels and Resorts, White Diamond Hotels and Resorts Limited. (Goodstadt, Daniel) |
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Tuesday, December 21, 2021 | ||
19 | 19
![]() CERTIFICATE OF SERVICE by Paul Ewen re Scheduling Order,,,, of Memorandum of Law in Opposition to Defendant's Motion to Dismiss (Lust, Daniel) |
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Friday, December 17, 2021 | ||
18 | 18
![]() Letter to Defendant Sunwing Travel Group by Paul Ewen (Lust, Daniel) |
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17 | 17
![]() Letter MOTION for Extension of Time to File Answer to Plaintiffs Complaint by Sunswing Travel Group. (Goodstadt, Daniel) |
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order
Scheduling Order
Fri 12/17 2:36 PM
ORDER: Plaintiff has not complied with the deadline of 12/15/2021 to file a cover letter indicating service of an Opposition to Defendants' Motion to Dismiss. The Court sua sponte extends the deadline for Plaintiff to file a letter to 12/22/2021. Plaintiff is warned that failure to comply with the extended deadline may result in the Court treating Defendants' motion as unopposed. The deadline for Defendants' Reply, if any, is extended to 1/12/2022. As a courtesy to the Court, the parties are encouraged not to file their motion papers until the motion is fully briefed. If the parties follow this practice, the motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed, as a letter, not as a motion. On the day the motion is fully briefed, Defendants should electronically file both parties' papers in accordance with the Court's individual practices and rules. Ordered by Judge Pamela K. Chen on 12/17/2021. (Sharon, William) |
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Tuesday, December 14, 2021 | ||
16 | 16
![]() SUMMONS Returned Executed by Paul Ewen. White Diamond Hotels and Resorts Limited served on 12/7/2021, answer due 12/28/2021. (Lust, Daniel) |
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15 | 15
![]() SUMMONS Returned Executed by Paul Ewen. Blue Diamond Hotels and Resorts served on 12/7/2021, answer due 12/28/2021. (Lust, Daniel) |
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Monday, November 15, 2021 | ||
14 | 14
![]() Letter to Plaintiff by Sunswing Travel Group (Goodstadt, Daniel) |
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13 | 13
![]() AFFIDAVIT/AFFIRMATION of Service for Defendant Travel Zap D/B/A Destify by Paul Ewen (Lust, Daniel) |
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12 | 12
![]() AFFIDAVIT/AFFIRMATION of Service for Defendant Sunwing Travel Group by Paul Ewen (Lust, Daniel) |
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Wednesday, November 03, 2021 | ||
11 | 11
![]() Letter Explaining the re-filing of the Summons which had been inadvertently omitted from the September 24, 2021 filing of the Amended Complaint by Paul Ewen (Lust, Daniel) |
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10 | 10
![]() AMENDED COMPLAINT Re-Filed with corresponding Summons against Sunswing Travel Group, Blue Diamond Hotels and Resorts, White Diamond Hotels and Resorts Limited, Travel Zap d/b/a Destify, filed by Paul Ewen. (Lust, Daniel) |
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Thursday, October 07, 2021 | ||
9 | 9
![]() Letter pre-motion request for an Order setting a briefing schedule by Sunswing Travel Group (Goodstadt, Daniel) |
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order
Scheduling Order
Thu 10/07 7:13 PM
ORDER: Defendants'9 request for a pre-motion conference is denied as unnecessary. The Court sets the following briefing schedule regarding Defendants' proposed motion to dismiss: (1) Defendants' Motion is due on 11/15/2021; (2) Plaintiff's Opposition to Defendants' Motion is due on 12/15/2021; and (3) Defendants' Reply, if any, is due on 1/5/2022. As a courtesy to the Court, the parties are encouraged not to file their motion papers until the motion is fully briefed. If the parties follow this practice, the motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed, as a letter, not as a motion. On the day the motion is fully briefed, Defendants should electronically file both parties' papers in accordance with the Court's individual practices and rules. Ordered by Judge Pamela K. Chen on 10/7/2021. (Sharon, William) |
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Monday, September 27, 2021 | ||
order
Order on Motion for Extension of Time to File
Mon 09/27 7:39 AM
ORDER: The Court grants, nunc pro tunc , Plaintiff's8 request for a one-day extension to file the Amended Complaint. Ordered by Judge Pamela K. Chen on 9/27/2021. (Sharon, William) |
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Friday, September 24, 2021 | ||
8 | 8
![]() Letter MOTION for Extension of Time to File Amended Complaint by Paul Ewen. (Lust, Daniel) |
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7 | 7
![]() AMENDED COMPLAINT against All Defendants, filed by Paul Ewen. (Lust, Daniel) |
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Tuesday, August 24, 2021 | ||
minutes
Pre Motion Conference
Tue 08/24 12:09 PM
MINUTE ENTRY for proceedings held before Judge Pamela K. Chen: Pre-Motion Conference held on 8/24/2021, via video. Appearances by Daniel Lust for Plaintiff; Daniel Goodstadt for Defendants. Case called. Discussion held. The Court directed Plaintiff to amend the complaint, by 9/23/2021, in light of issues discussed in the parties' pre-motion submissions and in the conference. The Court noted that, if Plaintiff wishes to proceed against Defendant Sunwing Travel Group, the amended complaint should include factual allegations that would establish Sunwing's liability and relationship to the other named parties. If, after the amended complaint is filed, Sunwing seeks to move to dismiss the amended complaint, Sunwing is directed to file a motion seeking a pre-motion conference within two weeks of the date the amended complaint is served, or, if Sunwing agrees to waive service, two weeks from the date the amended complaint is filed. (Court Reporter Denise Parisi.) (Sharon, William) |
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Monday, July 19, 2021 | ||
order
Order on Motion for Pre Motion Conference
Mon 07/19 6:02 PM
ORDER: Defendant's5 Motion requesting a pre-motion conference is granted. The Court will conduct a pre-motion conference on 8/24/2021 at 10:00 a.m. The conference will be held by video on WebEx. The parties will receive the WebEx link via email. The public may listen to the audio of the video conference by calling the conference number 1-650-479-3207, and using the access code 1723044469. Ordered by Judge Pamela K. Chen on 7/19/2021. (Sharon, William) |
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Thursday, July 15, 2021 | ||
6 | 6
![]() RESPONSE to Motion re5 Letter MOTION for pre motion conference and an Order setting a briefing schedule filed by Paul Ewen. (Geragos, Mark) |
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Friday, July 09, 2021 | ||
order
Scheduling Order
Fri 07/09 5:37 PM
ORDER: The Court notes that Plaintiff has not responded to Defendant's5 motion for a pre-motion conference, as required by the Court's individual rules. The Court sua sponte extends the deadline for Plaintiff to file a response until 7/16/2021. Ordered by Judge Pamela K. Chen on 7/9/2021. (Sharon, William) |
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Monday, June 28, 2021 | ||
5 | 5
![]() Letter MOTION for pre motion conference and an Order setting a briefing schedule by Sunswing Travel Group. (Goodstadt, Daniel) |
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Tuesday, June 22, 2021 | ||
4 | 4
![]() This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
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3 | 3
![]() In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
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2 | 2
![]() Corporate Disclosure Statement by Sunswing Travel Group identifying Corporate Parent Sunwing Travel Group for Sunswing Travel Group. (Goodstadt, Daniel) |
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1 | 1
![]() NOTICE OF REMOVAL by Sunswing Travel Group from Supreme Court County of Kings, case number 503861/2021. ( Filing fee $ 402 receipt number ANYEDC-14587686) (Goodstadt, Daniel) |
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utility
Case Assigned/Reassigned
Tue 06/22 3:10 PM
Case Assigned to Judge Pamela K. Chen and Magistrate Judge Roanne L. Mann. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
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misc
ECF Admission and Registration Notification - Removal
Tue 06/22 3:24 PM
This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) |