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Cline et al v. Touchtunes Music Corporation, No. 1:14-cv-04744 (S.D.N.Y.)
Case Title: Cline et al v. Touchtunes Music Corporation
Case Type: Civil Case
Court: U.S. District Court for the Southern District of New York
Index Number(s): 1:2014cv4744, 1:14-cv-04744, 1:14-cv-04744-LAK
Nature of Suit: 190 Contract: Other
Judge: Lewis A. Kaplan
Case Opened: June 26, 2014
Case Closed May 25, 2018
Docket Entries
Date Filed Dkt # Entry Text
Jun 26, 2014 SUMMONS ISSUED as to Touchtunes Music Corporation. (jd)
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Jun 26, 2014 Magistrate Judge Sarah Netburn is so designated. (jd)
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Jun 26, 2014 Case Designated ECF. (jd)
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Jun 26, 2014 1 CIVIL COVER SHEET filed. (jd) (Entered: 07/01/2014)
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Jun 26, 2014 2 COMPLAINT against Touchtunes Music Corporation. (Filing Fee $ 350.00, Receipt Number 465401099018)Document filed by Michelle Cline, Kelly Engstrom.(jd) (Entered: 07/01/2014)
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Jun 26, 2014 3 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/30/2011) (jd) (Entered: 07/01/2014)
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Jul 8, 2014 Set/Reset Deadlines: Amended Pleadings due by 7/16/2014. (ajs)
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Jul 8, 2014 4 ORDER: Jurisdiction is invoked pursuant to 28 U.S.C. ยง 1332. The complaint or notice of removal, as applicable, fails adequately to allege the existence of subject matter jurisdiction because, perhaps among other things, it fails adequately to allege: The citizenship of one or more natural persons. See, e.g., Sun Printing & Publishing Ass'n v. Edwards, 194 U.S. 377 (1904); Leveraged Leasing Administration Corp.v. PacifiCorp Capital, Inc., 87 F. 3d 44 (2d Cir. 1996). Absent the filing, on or before 7/16/14, of an amended complaint or notice of removal, as the case may be, adequately alleging the existence of subject matter jurisdiction, the action will be dismissed or, if removed, remanded. (Signed by Judge Lewis A. Kaplan on 7/8/2014) (ajs) Modified on 7/8/2014 (ajs). (Entered: 07/08/2014)
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Jul 14, 2014 5 LETTER addressed to Judge Lewis A. Kaplan from Jeffrey M. Norton dated July 14, 2014 re: Order [Doc. 4]. Document filed by Michelle Cline, Kelly Engstrom.(Norton, Jeffrey) (Entered: 07/14/2014)
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Jul 17, 2014 6 ORDER: In the circumstances, the complaint quite reasonably could be dismissed, especially as the Court quite specifically drew counsel's attention to basis for its conclusion that the jurisdictional allegations of the complaint are deficient. The Court, however, will afford plaintiffs a final chance to file, on or before July 23, an amended complaint adequately alleging subject matter jurisdiction. (Amended Pleadings due by 7/23/2014.) (Signed by Judge Lewis A. Kaplan on 7/17/2014) (tn) (Entered: 07/17/2014)
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Jul 23, 2014 7 AMENDED COMPLAINT amending 2 Complaint against Touchtunes Music Corporation with JURY DEMAND.Document filed by Michelle Cline, Kelly Engstrom. Related document: 2 Complaint filed by Michelle Cline, Kelly Engstrom.(Norton, Jeffrey) (Entered: 07/23/2014)
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Sep 16, 2014 8 NOTICE OF APPEARANCE by Jamie A. Levitt on behalf of Touchtunes Music Corporation. (Levitt, Jamie) (Entered: 09/16/2014)
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Sep 17, 2014 9 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, between plaintiffs Michelle Cline and Kelly Engstrom, and defendant TouchTunes Music Corporation ("TouchTunes"), by and through their respective counsel, that TouchTunes' time to move, answer, or otherwise respond to the complaint in this action shall be extended to and include October 22, 2014, and that by entering into this stipulation TouchTunes has not waived any defenses, including lack of personal jurisdiction. Touchtunes Music Corporation answer due 10/22/2014. (Signed by Judge Lewis A. Kaplan on 9/17/2014) (mro) (Entered: 09/17/2014)
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Sep 17, 2014 10 NOTICE OF APPEARANCE by Cameron Andrew Tepfer on behalf of Touchtunes Music Corporation. (Tepfer, Cameron) (Entered: 09/17/2014)
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Oct 22, 2014 11 MOTION to Dismiss or in the alternative to Strike Certain Allegations. Document filed by Touchtunes Music Corporation.(Levitt, Jamie) (Entered: 10/22/2014)
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Oct 22, 2014 12 MEMORANDUM OF LAW in Support re: 11 MOTION to Dismiss or in the alternative to Strike Certain Allegations. . Document filed by Touchtunes Music Corporation. (Levitt, Jamie) (Entered: 10/22/2014)
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Oct 22, 2014 13 DECLARATION of Patrick Barry in Support re: 11 MOTION to Dismiss or in the alternative to Strike Certain Allegations.. Document filed by Touchtunes Music Corporation. (Attachments: # 1 Exhibit A)(Levitt, Jamie) (Entered: 10/22/2014)
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Exhibit A
Oct 22, 2014 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent TouchTunes Interactive Networks, Inc. for Touchtunes Music Corporation. Document filed by Touchtunes Music Corporation.(Levitt, Jamie) (Entered: 10/22/2014)
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Oct 29, 2014 Set/Reset Deadlines as to 11 MOTION to Dismiss or in the alternative to Strike Certain Allegations Responses due by 12/8/2014 Replies due by 12/23/2014. (mro)
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Oct 29, 2014 15 STIPULATION AND ORDER: WHEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the parties as follows: 1. Plaintiffs' brief in opposition to the Motion shall be filed by December 8, 2014; 2. Defendants' brief in reply and in further support of Motion, if any, shall be filed an by December 23, 2014; and 3. Absent agreement by the parties, until such time as there is a final determination of the Motion, all discovery shall be stayed. (Signed by Judge Loretta A. Preska on 10/29/2014) (mro) Modified on 11/6/2014 (mro). (Entered: 10/29/2014)
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