Case details

Court: nysd
Docket #: 7:00-cv-07385
Case Name: Jones v. Tyson, et al
PACER case #: 203889
Date filed: 2000-09-29
Date terminated: 2002-11-06
Assigned to: Judge Colleen McMahon
Referred to: Magistrate Judge Mark D. Fox
Case Cause: 28:1441 Petition for Removal- Breach of Contract
Nature of Suit: 190 Contract: Other
Jury Demand: None
Jurisdiction: Diversity

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2000-09-29 1 0 NOTICE OF REMOVAL from New York State Court, County of Westchester; State Court Case # 11436-00; FILING FEE $ 150.00 RECEIPT # 385583. (pf) (Entered: 10/02/2000)
2000-10-03 2 0 Affidavit of service as to Mike Tyson, Shawnee Simms by Rudy D. Green on 10/1/00 . Answer due on 10/23/00 for Mike Tyson, for Shawnee Simms by serving Giaimo & Vreeburg, PC, 80-02 Kew Gardens Rd., Kew Gardens, NY 11415. (ll) (Entered: 10/11/2000)
2000-11-21 3 0 ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Ordered as Follows: 1. Counsel receiving this order shall promptly mail copies hereof to all other counsel of record or, in the case of parties for which no appearance has been made, to such parties; 2. Counsel for all parties are directed to confer regarding an agreed scheduling order. If counsel are able to agree on a schedule and the agreed schedule calls for filing of the pretrial order not more than six(6) months from the date of this order, counsel shall sign and file within forty-five(45) days from the date hereof a consent order in the form annexed for consideration by the COurt. The trial ready date shall be left blank. If such a consent order is not filed within t he time provided, a conference will be held on 12/21/00 in courtroom 521, 300 Quarropas Street, White Plains, NY at 9:45 a.m.; 3. Any party desiring a conference with the Court for purposes of discussing settlement, narrowing of issues, or other pertinent pretrial matters may request a conference by letter; 4. Parties are to follow the attached individual practice rules; So ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 11/27/2000)
2000-12-08 4 0 NOTICE OF MOTION by Mike Tyson, Shawnee Simms for Dale Kinsella, Alan Kossoff, Bruce Bolkin to appear pro hac vice . Return date 12/21/00. *fee paid, check in vault* (pf) Modified on 12/14/2000 (Entered: 12/14/2000)
2001-01-08 5 0 Memo-Endorsement on letter addressed to USDJ McMahon from Adam Richards, dated January 5, 2001. Re: to request an extension of time of one week until 1/17/01 in which to submit the motion to dismiss or transfer...ENDORSMENT: Granted. So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 01/08/2001)
2001-01-18 6 0 DECLARATION of Mike Tyson by Mike Tyson Re: . (pf) (Entered: 01/22/2001)
2001-01-18 7 0 DECLARATION of Shawnee Simms by Shawnee Simms Re: . (pf) (Entered: 01/22/2001)
2001-01-18 8 0 NOTICE OF MOTION by Mike Tyson, Shawnee Simms to dismiss for lack of personal jurisdiction or alternatively to transfer venue; (2) dismiss for failure to state a claim . Return date 1/8/01. (ll) (Entered: 01/22/2001)
2001-01-22 9 0 MEMORANDUM OF LAW by Mike Tyson, Shawnee Simms in support of [8-1] motion to dismiss for lack of personal jurisdiction or alternatively to transfer venue; (2) dismiss for failure to state a claim . (ll) (Entered: 01/22/2001)
2001-01-31 10 0 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). (ll) (Entered: 02/01/2001)
2001-02-09 11 0 STIPULATION and ORDER: It is hereby Stipulated and Agreed by and between the attys for the parties in the matter that the date for plntff to serve opposition to the motion to dismiss for lack of personal jurisdiction, for failure to state a claim, or alternatively to transfer venue be adjourned to 2/21/01. So Ordered: ( signed by Judge Colleen McMahon ) (pf) (Entered: 02/09/2001)
2001-02-21 12 0 STIPULATION and ORDER: It is hereby Stipulated and agreed by and between the attorneys for the parties in the above-referenced matter that the date the plaintiff to serve oppostion to the motion to dismiss for lack of personal jurisdiction, for failure to state a claim, or alternatively to transfer venue be adjourned to February 28, 2001. ENDORSED: Ok..CM ( signed by Judge Colleen McMahon ) (dc) (Entered: 02/22/2001)
2001-02-28 13 0 Memo-Endorsement on letter addressed to Judge McMahon from Joseph O. Giaimo, dated 02/27/01. Re: An extension of time in which to submit the Motion to dismiss ENDORSED: Denied. This case was filed almost 6 months ago - Conference Ordered CM ( signed by Judge Colleen McMahon ); Copies mailed. (dc) (Entered: 03/02/2001)
2001-03-22 14 0 MEMORANDUM OF LAW by Mike Tyson, Shawnee Simms in support of [8-1] motion to dismiss for lack of personal jurisdiction or alternatively to transfer venue; (2) dismiss for failure to state a claim . (fk) (Entered: 03/26/2001)
2001-03-22 15 0 Objection(s) by Mike Tyson, Shawnee Simms to Pla's Affidavit and Exhibits.. (fk) (Entered: 03/26/2001)
2001-04-02 16 0 MEMORANDUM OF LAW by Craig Jones in opposition to [8-1] motion to dismiss for lack of personal jurisdiction or alternatively to transfer venue; (2) dismiss for failure to state a claim . (dc) (Entered: 04/03/2001)
2001-04-02 17 0 AFFIDAVIT of Craig Jones by Craig Jones in opposition to [8-1] motion to dismiss for lack of personal jurisdiction or alternatively to transfer venue; (2) dismiss for failure to state a claim . (dc) (Entered: 04/03/2001)
2001-04-19 18 0 Order that case be referred to a Magistrate Judge for Traverse Hearing. Referred to Magistrate Judge Mark D. Fox . ( signed by Judge Colleen McMahon ) (pf) (Entered: 04/20/2001)
2001-04-19 19 0 MEMORANDUM DECISION & ORDER DISMISSING COMPLAINT FOR LACK OF PERSONAL JURISDICTION AS AGAINST SHAWNEE SIMMS, AND REFERRING MATTER TO MAGISTRATE JUDGE FOR TRAVERSE HEARING AS TO FT MIKE TYSON: ...Until the record is considerably fuller, I will defer ruling on Tyson's motion to transfer this case to Nevada. However, in this Circuit, plntff's choice of forum is entitled to considerable weight, and if Tyson is in fact amenable to suit here, I am highly unlikely to transfer it. I am also deferring a ruling of the motion to dismiss for failure to state a claim, which has not been fully briefed by either side, especially to whatever extent it raises under the Statute of Frauds(which may well epend on what state's law governs formation of the "contract"). So Ordered: . ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 04/20/2001)
2001-05-18 20 0 Transcript of record of proceedings before Magistrate Judge Mark D. Fox for the date(s) of May 8, 2001. (dc) (Entered: 05/21/2001)
2001-05-18 21 0 STIPULATION and ORDER, extending time for defendant Tyson to answer or move to and including 6-12-01 SO ORDERED . ( signed by Judge Colleen McMahon ) (dh) (Entered: 05/22/2001)
2001-05-30 22 0 AMENDED COMPLAINT by Craig Jones (Answer due 6/12/01 for Mike Tyson ) amending [10-1] complaint ; Summons issued. (pf) (Entered: 05/31/2001)
2001-06-13 23 0 NOTICE OF MOTION by Mike Tyson to dismiss the third cause of action for breach of contract against Mr. Tyson on the ground that it fails to state a claim under FRCP Rule 12(b)(6) .No Return date (pf) (Entered: 06/15/2001)
2001-06-13 24 0 MEMORANDUM OF LAW by Mike Tyson in support of [23-1] motion to dismiss the third cause of action for breach of contract against Mr. Tyson on the ground that it fails to state a claim under FRCP Rule 12(b)(6) . (pf) (Entered: 06/15/2001)
2001-06-28 25 0 Memo-Endorsement on letter addressed to USDJ McMahon from Roya Namvar, dated 6/27/01. Re: request that this Court inform th eparties of the date by which the motion of dft Mike Tyson to dismiss plntff's third cause of action for failure to state a claim is returnable...ENDORSEMENT: Read my rules concerning motions and it will answer your question. So Ordered:. ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 07/02/2001)
2001-06-28 26 0 Memo-Endorsement on letter addressed to USDJ McMahon from Roya Namvar, dated 6/27/01. Re: requesting an extension of time, until 7/27/01, to serve our opposition papers...ENDORSEMENT: Granted. So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 07/03/2001)
2001-07-26 27 0 Memo-Endorsement on letter addressed to USDJ McMahon from Roya Namvar, dated 7/25/01. Re: requesting another extension of time until 8/24/01 to serve our opposition papers...ENDORSEMENT: granted. So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 07/27/2001)
2001-09-05 28 0 Memo-Endorsement on letter addressed to Judge McMahon from Adam RIchards, dated 8-31-01. Re: extension of time. Granted. No further extension allowed. SO ORDERED . ( signed by Judge Colleen McMahon ); Copies mailed. (dh) (Entered: 09/06/2001)
2001-09-17 29 0 MEMORANDUM OF LAW by Craig Jones in opposition to [23-1] motion to dismiss the third cause of action for breach of contract against Mr. Tyson on the ground that it fails to state a claim under FRCP Rule 12(b)(6). (dc) (Entered: 09/24/2001)
2001-09-26 30 0 REPLY BRIEF by Mike Tyson in support of: [23-1] motion to dismiss the third cause of action for breach of contract against Mr. Tyson on the ground that it fails to state a claim under FRCP Rule 12(b)(6). (kkc) (Entered: 10/05/2001)
2002-03-20 31 0 MEMORANDUM DECISION AND ORDER denying [23-1] motion to dismiss the third cause of action for breach of contract against Mr. Tyson on the ground that it fails to state a claim under FRCP Rule 12(b)(6) and ORDERING THE PARTIES TO BRIEF AN ADDITIONAL ISSUE: CONCLUSION: Deft's Motion to transfer the case is denied. Deft's Motion to dismiss is also denied. Parties should supply addtional briefing on the Statute of Frauds issue. SO ORDERED: ( signed by Judge Colleen McMahon ); Copies mailed. (dc) (Entered: 03/25/2002)
2002-09-10 32 0 Memorandum to Docket Clerk: 9/10/02- No Court Reporter- All parties to submit any further briefing by 9/30/02...submitted by by Bonnie Schroeder (pf) (Entered: 09/11/2002)
2002-10-03 33 0 MEMORANDUM OF LAW by Mike Tyson in support of [23-1] motion to dismiss the third cause of action for breach of contract against Mr. Tyson on the ground that it fails to state a claim under FRCP Rule 12(b)(6) . (dh) (Entered: 10/07/2002)
2002-10-03 34 0 MEMORANDUM OF LAW by Craig Jones re: additional briefing on the Statute of frauds. (dh) (Entered: 10/10/2002)
2002-10-29 35 0 DECISION & ORDER: ...The First Amended COmplaint is dismissed. The Court is directed to close the file. So ordered: ( signed by Judge Colleen McMahon ); Copies mailed by Clerk's Office . (pf) (Entered: 11/05/2002)
2002-11-06 36 0 JUDGMENT for Mike Tyson against Craig Jones .Ordered, Adjudged and Decreed: that the first amended complaint be and is hereby dismissed.Judgment clerk Mailed copies and notice of right to appeal. Entered On Docket: 11/6/02. (bls) (Entered: 11/06/2002)
2002-11-27 37 0 NOTICE OF APPEAL by Craig Jones from [36-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Bruce Bolkin, Alan Kossoff, Dale Kinsella, Jerry D. Bernstein, Joseph O. Giaimo. $105 fee paid. Receipt #458346. C&D Forms Issued. (sv) (Entered: 12/02/2002)
2003-06-23 38 0 MANDATE OF USCA (certified copy) Re: [37-1] appeal by Craig Jones; It is hereby stipulated and agreed by and between the attorneys for the parties in the above -referenced matter that the appeallant, Craig Jones, hereby withdraws the appeal in the above referenced-matter, without costs and without attorney's fees. Certified 6/17/03. (signed For the court, Lisa Greenberg, Staff Counsel) (sv) (Entered: 06/24/2003)