A Partner Limited v. Contour Acquisition Group LLC et al
Court Docket Sheet

Southern District of New York

1:2016-cv-06575 (nysd)

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1
08/19/2016
COMPLAINT against David A. Appell, CONTOUR ACQUISITION GROUP LLC. (Filing Fee $ 400.00, Receipt Number 0208-12670708)Document filed by A PARTNER LIMITED.
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08/19/2016
CIVIL COVER SHEET filed.
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08/19/2016
REQUEST FOR ISSUANCE OF SUMMONS as to CONTOUR ACQUISITION GROUP, LLC, re: 1 Complaint. Document filed by A PARTNER LIMITED.
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08/19/2016
REQUEST FOR ISSUANCE OF SUMMONS as to DAVID A. APPELL, re: 1 Complaint. Document filed by A PARTNER LIMITED.
08/22/2016
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sarah Michal Matz. The party information for the following party/parties has been modified: A Partner Limited, Contour Acquisition Group LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (rch) (Text entry; no document attached.)
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08/22/2016
ELECTRONIC SUMMONS ISSUED as to Contour Acquisition Group LLC.
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08/22/2016
ELECTRONIC SUMMONS ISSUED as to David A. Appell.
08/22/2016
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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. (Text entry; no document attached.)
08/22/2016
Magistrate Judge Sarah Netburn is so designated. (Text entry; no document attached.)
08/22/2016
Case Designated ECF. (Text entry; no document attached.)
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08/23/2016
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by A Partner Limited.
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09/20/2016
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - PROPOSED MOTION for Extension of Time to Answer. Document filed by David A. Appell, Contour Acquisition Group LLC. Modified on 10/12/2016
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09/20/2016
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by David A. Appell, Contour Acquisition Group LLC.
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09/21/2016
STIPULATION EXTENDING TIME TO ANSWER OR MOVE. IT IS HEREBY STIPULATED that the time for Defendants, CONTOUR ACQUISITION GROUP LLC and DAVID A. APPELL, to appear and to answer, amend or supplement the answer as of course or to make any motion with relation to the summons or to the complaint in this action, be and the same hereby is extended to and including the 19th day of October, 2016. Defendants, CONTOUR ACQUISITION GROUP LLC and DAVID A. APPELL, hereby waive the affirmative defenses of lack of jurisdiction and improper service, and as further set forth in this Stipulation Extending Time to Answer or Move. So ordered. David A. Appell answer due 10/19/2016; Contour Acquisition Group LLC answer due 10/19/2016. Motions terminated: 8 PROPOSED MOTION for Extension of Time to Answer filed by Contour Acquisition Group LLC, David A. Appell. (Signed by Judge Alison J. Nathan on 9/21/2016)
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09/22/2016
AFFIDAVIT OF SERVICE of Summons and Complaint. David A. Appell served on 8/30/2016, answer due 10/19/2016. Service was accepted by Ms. Appell. Service was made by Mail. Document filed by A Partner Limited.
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09/22/2016
AFFIDAVIT OF SERVICE of Summons and Complaint. Contour Acquisition Group LLC served on 8/29/2016, answer due 10/19/2016. Service was accepted by Nancy Dougherty. Document filed by A Partner Limited.
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10/19/2016
ANSWER to 1 Complaint. Document filed by Contour Acquisition Group LLC.
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10/19/2016
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Complaint as against David A. Appell. Document filed by David A. Appell.
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Affidavit Affidavit of David Appell
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Exhibit Exhibit A - Complaint
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Exhibit Exhibit B - Answer
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Supplement Memorandum of Law
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Certificate of Service) Modified on 11/1/2016 (db
5 Attachments
15
10/19/2016
CERTIFICATE OF SERVICE of Answer served on A PARTNER LIMITED on October 19, 2016. Service was made by Mail. Document filed by Contour Acquisition Group LLC.
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10/20/2016
ORDER. On October 19, 2016, Defendant David A. Appell filed a motion to dismiss. Pursuant to Rule 3.F of this Court's Individual Practices in Civil Cases, on or before October 31, 2016, Plaintiff must notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so or (2) it will rely on the pleading being attacked. Plaintiff is on notice that declining to amend its pleading to timely respond to a fully briefed argument in the Defendant's October 19, 2016 motion to dismiss may well constitute a waiver of the Plaintiff's right to use the amendment process to cure any defects that have been made apparent by the Defendant's briefing. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC., 797 F.3d 160 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). If Plaintiff chooses to amend, Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that he rely on the initially-filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. So ordered. (Signed by Judge Alison J. Nathan on 10/20/2016)
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10/31/2016
LETTER addressed to Judge Alison J. Nathan from Sarah M. Matz dated October 31, 2016 re: Amended Complaint. Document filed by A Partner Limited.
11/01/2016
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Adam Keith Kurland to RE-FILE Document 14 MOTION to Dismiss Complaint as against David A. Appell. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) (Text entry; no document attached.)
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11/01/2016
MOTION to Dismiss. Document filed by David A. Appell.
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11/01/2016
AFFIDAVIT of David A. Appell in Support re: 18 MOTION to Dismiss. Document filed by David A. Appell.
1
Exhibit
2
Exhibit
2 Attachments
20
11/01/2016
MEMORANDUM OF LAW in Support re: 18 MOTION to Dismiss. Document filed by David A. Appell.
21
11/14/2016
AMENDED COMPLAINT amending 1 Complaint against David A. Appell, Contour Acquisition Group LLC with JURY DEMAND.Document filed by A Partner Limited. Related document: 1 Complaint filed by A Partner Limited.
22
11/30/2016
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - LETTER MOTION for Extension of Time to File Answer re: 21 Amended Complaint addressed to Judge Alison J. Nathan from Adam K. Kurland dated 11/29/2016. Document filed by David A. Appell, Contour Acquisition Group LLC. Modified on 12/22/2016
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12/01/2016
STIPULATION EXTENDING TIME TO ANSWER OR MOVE: IT IS HEREBY STIPULATED that the time for Defendants, CONTOUR ACQUISITION GROUP LLC and DAVID A. APPELL, to answer, move or otherwise respond to the amended complaint in this action, be and the same hereby is extended to and including the 12th day of December, 2016. IT IS FURTHER STIPULATED AND AGREED that in the event that Defendants file a motion to dismiss, that any opposition by Plaintiff to such motion shall be filed on or before January 9, 2017, and any reply by Defendants to Plaintiff's opposition shall be filed on or before January 16, 2017. (As further set forth in this Order.) David A. Appell answer due 12/12/2016; Contour Acquisition Group LLC answer due 12/12/2016. (Responses due by 1/9/2017, Replies due by 1/16/2017.), Motions terminated: 22 LETTER MOTION for Extension of Time to File Answer re: 21 Amended Complaint addressed to Judge Alison J. Nathan from Adam K. Kurland dated 11/29/2016. filed by Contour Acquisition Group LLC, David A. Appell. (Signed by Judge Alison J. Nathan on 11/30/2016)
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12/12/2016
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss. Document filed by David A. Appell.
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Affidavit
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Exhibit A
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Exhibit B
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Exhibit C) Modified on 1/5/2017 (db
4 Attachments
25
12/12/2016
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MEMORANDUM OF LAW in Support re: 24 FIRST MOTION to Dismiss. Document filed by David A. Appell. Modified on 1/5/2017
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12/12/2016
ANSWER to 21 Amended Complaint. Document filed by Contour Acquisition Group LLC.
01/05/2017
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Adam Keith Kurland to RE-FILE Document 24 FIRST MOTION to Dismiss. ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db) (Text entry; no document attached.)
01/05/2017
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Adam Keith Kurland to RE-FILE Document 25 Memorandum of Law in Support of Motion. ERROR(S): Document(s) linked to filing error. (db) (Text entry; no document attached.)
27
01/09/2017
MEMORANDUM OF LAW in Opposition re: 24 FIRST MOTION to Dismiss. Document filed by A Partner Limited.
28
01/09/2017
LETTER addressed to Judge Alison J. Nathan from Sarah M. Matz dated January 9, 2017 re: Request for Oral Argument. Document filed by A Partner Limited.
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01/10/2017
FIRST MOTION to Dismiss. Document filed by David A. Appell.
30
01/10/2017
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Dismiss. Document filed by David A. Appell.
1
Exhibit Exhibit A
2
Exhibit Exhibit B
3
Exhibit Exhibit C) Modified on 1/24/2017 (db
3 Attachments
31
01/10/2017
FIRST MEMORANDUM OF LAW in Support re: 30 FIRST MOTION to Dismiss., 29 FIRST MOTION to Dismiss. Document filed by David A. Appell.
01/24/2017
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Adam Keith Kurland to RE-FILE Document 30 FIRST MOTION to Dismiss. Use the event type Affidavit in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db) (Text entry; no document attached.)
32
01/24/2017
AFFIDAVIT of David Appell in Support re: 29 FIRST MOTION to Dismiss. Document filed by David A. Appell.
1
Exhibit Exhibit A
2
Exhibit Exhibit B
3
Exhibit Exhibit C
3 Attachments
1 Attachment
1 Attachment
01/05/2018
Minute Entry for proceedings held before Judge Alison J. Nathan. Initial Pretrial Conference held on 1/5/2018. See transcript for complete details. (Court Reporter Sam Mauro) (Text entry; no document attached.)
01/18/2018
***STRICKEN DOCUMENT. Deleted document number [48] from the case record. The document was stricken in its entirety from this case pursuant to [49] Order, and as per Chambers. (rjm) (Text entry; no document attached.)
1 Attachment
55
06/18/2018
57
07/20/2018
59
08/13/2018
3 Attachments

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