Negotiatus Corp. v. Viola, Inc. et al
| New York Southern District Court | |
| Judge: | Katherine Polk Failla |
| Case #: | 1:24-cv-00243 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 15:294 Breach of Contract |
| Case Filed: | Jan 11, 2024 |
| Last checked: Tuesday Jul 09, 2024 4:34 AM EDT |
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Defendant
D Savage LLC
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Represented By
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Defendant
VB Brands California LLC
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Represented By
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Defendant
Viola Inc.
4645 Joliet Street
Denver, CO 80239 |
Represented By
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Defendant
Viola Portland LLC
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Represented By
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Plaintiff
Negotiatus Corp.
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Represented By
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| Docket last updated: 08/20/2024 11:59 PM EDT |
| Friday, July 26, 2024 | ||
| 27 | 27
respm
Reply Memorandum of Law in Support of Motion
Fri 07/26 11:45 PM
REPLY MEMORANDUM OF LAW in Support re:24 MOTION to Dismiss . . Document filed by D Savage LLC, VB Brands California LLC, Viola Inc., Viola Portland LLC..(Markovich, Raymond) |
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| Thursday, July 11, 2024 | ||
| 26 | 26
respm
Response in Opposition to Motion
Thu 07/11 5:13 PM
RESPONSE in Opposition to Motion re:24 MOTION to Dismiss . . Document filed by Negotiatus Corp...(Kaplan, Cara) |
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| Friday, June 07, 2024 | ||
| 25 | 25
6
pgs
respm
Memorandum of Law in Support of Motion
Fri 06/07 11:20 PM
MEMORANDUM OF LAW in Support re:24 MOTION to Dismiss . . Document filed by D Savage LLC, VB Brands California LLC, Viola Inc., Viola Portland LLC..(Markovich, Raymond) |
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| 24 | 24
motion
Dismiss
Fri 06/07 11:18 PM
MOTION to Dismiss . Document filed by D Savage LLC, VB Brands California LLC, Viola Inc., Viola Portland LLC. Responses due by 7/12/2024.(Markovich, Raymond) |
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| Monday, May 13, 2024 | ||
| 23 | 23
notice
Notice of Appearance
Mon 05/13 3:05 PM
NOTICE OF APPEARANCE by Cara Debra Kaplan on behalf of Negotiatus Corp...(Kaplan, Cara) |
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| Friday, April 05, 2024 | ||
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minutes
Pretrial Conference - Initial
Fri 04/05 3:23 PM
Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial/Pre-motion Conference held on 4/5/2024. Plaintiff's amended complaint is due by 5/3/24. Defendant's motion to dismiss is due by 6/7/2024; opposition due by 7/12/24; and reply due by 7/26/24. The parties shall discuss settlement prior to the filing of the amended complaint. (Court Reporter recorded) (tn) |
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| Wednesday, March 27, 2024 | ||
| 22 | 22
notice
Notice of Appearance
Wed 03/27 9:59 AM
NOTICE OF APPEARANCE by Maria Ermakova on behalf of Negotiatus Corp...(Ermakova, Maria) |
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| Friday, March 22, 2024 | ||
| 21 | 21
order
Memo Endorsement ~Util - Set Deadlines/Hearings
Mon 03/25 8:43 AM
MEMO ENDORSEMENT on re:20 Letter filed by Negotiatus Corp. ENDORSEMENT: The Court is in receipt of Defendants' pre-motion letter requesting leave to file a file a motion to dismiss pursuant to FRCP 12(b)(6) (Dkt. #15) and Plaintiff's above response (Dkt. #19). The Court hereby ADJOURNS the initial pre-trial conference currently scheduled for April 5, 2024, at 11:30 a.m. The Court further ORDERS the parties to appear on the same date and time for a pre-motion conference regarding Defendants' anticipated motion to dismiss in place of the initial pretrial conference. The parties shall consult the notice of initial pretrial conference (Dkt. #13) for instructions on accessing the teleconference. (Pre-Motion Conference set for 4/5/2024 at 11:30 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 3/22/2024) (rro) |
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| Tuesday, March 19, 2024 | ||
| 20 | 20
misc
Letter
Tue 03/19 2:26 PM
LETTER addressed to Judge Katherine Polk Failla from Aaron Krauss dated March 19, 2024 re: response to the Pre-Motion Letter for a Motion to Dismiss [ECF No. 19]. Document filed by Negotiatus Corp...(Krauss, Aaron) |
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| Friday, March 15, 2024 | ||
| 19 | 19
misc
Letter
Fri 03/15 11:17 PM
LETTER addressed to Judge Katherine Polk Failla from Raymond J Markovich dated March 15, 2024 re: Pre-Motion Letter For Motion To Dismiss Pursuant to FRCP 12(b)(6). Document filed by D Savage LLC, VB Brands California LLC, Viola Inc., Viola Portland LLC..(Markovich, Raymond) |
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| 18 | 18
notice
Notice of Appearance
Fri 03/15 9:20 PM
NOTICE OF APPEARANCE by Raymond James Markovich on behalf of D Savage LLC, VB Brands California LLC, Viola Inc., Viola Portland LLC..(Markovich, Raymond) |
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| Thursday, March 07, 2024 | ||
| 17 | 17
service
Waiver of Service Executed
Thu 03/07 12:34 PM
WAIVER OF SERVICE RETURNED EXECUTED. D Savage LLC waiver sent on 3/6/2024, answer due 5/6/2024. Document filed by Negotiatus Corp...(Krauss, Aaron) |
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| 16 | 16
service
Summons Returned Executed
Thu 03/07 12:23 PM
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Viola Portland LLC served on 1/31/2024, answer due 2/21/2024. Service was accepted by Albert Harrington, Manager. Document filed by Negotiatus Corp...(Krauss, Aaron) |
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| 15 | 15
service
Summons Returned Executed
Thu 03/07 11:49 AM
SUMMONS RETURNED EXECUTED Summons and Complaint, served. VB Brands California LLC served on 1/25/2024, answer due 2/15/2024. Service was accepted by Wali Raja, Registered Agent. Document filed by Negotiatus Corp...(Krauss, Aaron) |
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| 14 | 14
service
Summons Returned Executed
Thu 03/07 11:36 AM
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Viola Inc. served on 1/26/2024, answer due 2/16/2024. Service was accepted by Adam Day, Registered Agent. Document filed by Negotiatus Corp...(Krauss, Aaron) |
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| Tuesday, January 30, 2024 | ||
| 13 | 13
3
pgs
order
Order for Initial Pretrial Conference
Tue 01/30 4:48 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. (And as further set forth herein.) SO ORDERED. Initial Conference set for 4/5/2024 at 11:30 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 1/30/2024) (jca) |
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| Friday, January 19, 2024 | ||
| 12 | 12
service
Summons Issued
Fri 01/19 1:14 PM
ELECTRONIC SUMMONS ISSUED as to Viola Portland LLC..(jgo) |
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| 11 | 11
service
Summons Issued
Fri 01/19 1:14 PM
ELECTRONIC SUMMONS ISSUED as to Viola Inc...(jgo) |
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| 10 | 10
service
Summons Issued
Fri 01/19 1:13 PM
ELECTRONIC SUMMONS ISSUED as to VB Brands California LLC..(jgo) |
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| 9 | 9
service
Summons Issued
Fri 01/19 1:13 PM
ELECTRONIC SUMMONS ISSUED as to D Savage LLC..(jgo) |
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| Thursday, January 18, 2024 | ||
| 8 | 8
service
Request for Issuance of Summons
Thu 01/18 1:46 PM
REQUEST FOR ISSUANCE OF SUMMONS as to D Savage LLC, re:1 Complaint,. Document filed by Negotiatus Corp...(Krauss, Aaron) |
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| 7 | 7
service
Request for Issuance of Summons
Thu 01/18 1:41 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Viola Portland LLC, re:1 Complaint,. Document filed by Negotiatus Corp...(Krauss, Aaron) |
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| 6 | 6
service
Request for Issuance of Summons
Thu 01/18 1:36 PM
REQUEST FOR ISSUANCE OF SUMMONS as to VB Brands California LLC, re:1 Complaint,. Document filed by Negotiatus Corp...(Krauss, Aaron) |
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| 5 | 5
service
Request for Issuance of Summons
Thu 01/18 1:29 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Viola, Inc., re:1 Complaint,. Document filed by Negotiatus Corp...(Krauss, Aaron) |
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| Wednesday, January 17, 2024 | ||
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notice
Case Opening Initial Assignment Notice
Wed 01/17 3:36 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) |
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utility
Case Designation
Wed 01/17 3:38 PM
Magistrate Judge Stewart D. Aaron is designated to handle matters that may be referred in this case. 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) |
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utility
Case Designated ECF
Wed 01/17 3:38 PM
Case Designated ECF. (jgo) |
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misc
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Wed 01/17 3:39 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Aaron Richard Krauss to RE-FILE Document No. 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the attorney information was omitted;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
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| Friday, January 12, 2024 | ||
| 4 | 4
misc
Rule 7.1 Corporate Disclosure Statement
Fri 01/12 3:16 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Negotiatus Corp...(Krauss, Aaron) |
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misc
Notice to Attorney Regarding Party Modification
Fri 01/12 11:20 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Aaron Richard Krauss. The party information for the following party/parties has been modified: D Savage LLC, VB Brands California LLC, Viola Inc., Viola Portland LLC., Negotiatus Corp. dba Order.Co. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; alias party name was omitted. (vf) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Fri 01/12 11:21 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Aaron Richard Krauss. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 4 (Incorporated/Principal Place of Business-This State); County code Albany. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 1 (Citizen of This State); the County code has been modified to New York. (vf) |
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misc
Case Opening Fee Due
Fri 01/12 11:23 AM
***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Aaron Richard Krauss. Civil Case Opening Fee of Due: for1 Complaint. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 1/17/2024. (vf) |
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misc
Civil Case Opening Fee Payment
Fri 01/12 1:10 PM
Civil Case Opening Fee Payment: for1 Complaint,. Filing fee $ 405.00, receipt number ANYSDC-28805528..(Krauss, Aaron) |
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| Thursday, January 11, 2024 | ||
| 3 | 3
service
Request for Issuance of Summons
Thu 01/11 7:05 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Viola Inc., VB Brands California LLC, Viola Portland LLC, D Savage LLC, re:1 Complaint,. Document filed by Negotiatus Corp. dba Order.Co..(Krauss, Aaron) |
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| 2 | 2
misc
Civil Cover Sheet
Thu 01/11 6:53 PM
CIVIL COVER SHEET filed..(Krauss, Aaron) |
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| 1 | 1
cmp
Complaint
Thu 01/11 6:50 PM
COMPLAINT against D Savage LLC, VB Brands California LLC, Viola Inc., Viola Portland LLC. Document filed by Negotiatus Corp. dba Order.Co..(Krauss, Aaron) |
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Att: 1
Exhibit Terms & Conditions,
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Att: 2
Exhibit Orders Status Chart,
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Att: 3
Exhibit Invoices,
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Att: 4
Exhibit Email Correspondence,
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Att: 5
Exhibit Letter dated 9/27/2023
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