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Ross & Asmar
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Order | Filed: May 30, 2024 | Entered: May 30, 2024 Unique Logistics International (NYC), LLC v. Oberholzer et al
Fraud or Truth-In-Lending | New York Eastern
~Util - Set Deadlines
ORDER: In light of the Hon. Orelia E. Merchant's order reopening the case, the Court extends the discovery schedule as follows as to discovery related to Defendant Marcell Francois Oberholzer. Fact discovery shall be completed on or before 8/30/2024. The parties are directed to file a joint status report certifying the close of fact discovery by 9/6/2024. In their joint status report certifying the close of fact discovery, the parties are directed to include an update as to whether they need an expert discovery schedule, and if so, to propose an agreed-upon expert discovery schedule. In the absence of an expert discovery schedule being set, the last date to take the first step in dispositive motion practice is 10/7/2024, and should be done in accordance with the Individual Rules of the assigned District Judge.
The Court respectfully reminds Defendant Marcell Oberholzer that Federal Rule of Civil Procedure 37(d)(3) expressly provides that the Court may order the full range of sanctions authorized by Rule 37(b)(2)(A)(i)-(vi) against a party who fails to sit for their own deposition or produce discovery in response to a discovery request. See also Fed. R. Civ. P. 37(d)(1)(A). These sanctions include but are not limited to "prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from introducing designated matters into evidence," striking the pleadings, and "rendering a default judgment against the disobedient party." Fed. R. Civ. P. 37(b)(2)(A)(ii), (iii), (vi). In addition, the Court may require the party failing to act to pay the reasonable expenses, including attorney's fees, caused by their failure. Fed. R. Civ. P. 37(d)(3). Ordered by Magistrate Judge Taryn A. Merkl on 5/30/2024. (ALG)
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Appeal | Filed: May 30, 2024 | Entered: May 30, 2024 Crosby Capital USA, LLC v. AmGuard Insurance Company et al
Contract: Other | New York Eastern
Electronic Index to Record on Appeal
Electronic Index to Record on Appeal sent to US Court of Appeals. 64 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ)
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Order | Filed: May 24, 2024 | Entered: May 24, 2024 Unique Logistics International (NYC), LLC v. Oberholzer et al
Fraud or Truth-In-Lending | New York Eastern
Order on Motion to Reopen Case
ORDER: Plaintiff's motion to reopen the case 75 is granted. This case remains open as to Defendant Marcell Francois Oberholzer. Plaintiff's request for permission to file an updated case management worksheet is respectfully referred to Magistrate Judge Merkl. Ordered by Judge Orelia E. Merchant on 5/24/2024. (MM)
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