| Court: | nysd |
| Docket #: | 1:10-cv-00932 |
| Case Name: | Hispanic Independent Television Sales, LLC v. Kaza Azteca America Inc. |
| PACER case #: | 358155 |
| Date filed: | 2010-02-04 |
| Date terminated: | 2014-01-15 |
| Assigned to: | Judge Sidney H. Stein |
| Referred to: | Magistrate Judge Frank Maas |
| Case Cause: | 28:1332nr Diversity: Notice of Removal |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Hispanic Independent Television Sales, LLC Plaintiff also known asHispanic Media Works |
Michael Anthony Rowe David Clair Kistler , Jr. Seth J. Lapidow |
| Kaza Azteca America Inc. Defendant |
Erica Ashley Reed Judith A. Archer Roger Ryan Crane , Jr. Marc Adam Rogovin |
| Kenneth P. Silverman, as Chapter 7 Trustee of Interep National Radio Sales, Inc. Trustee |
|
| Kaza Azteca America Inc. Counter Claimant |
Erica Ashley Reed Judith A. Archer Roger Ryan Crane , Jr. Marc Adam Rogovin |
| Hispanic Independent Television Sales, LLC Counter Defendant |
Michael Anthony Rowe David Clair Kistler , Jr. Seth J. Lapidow |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2010-02-04 | 1 | 0 | NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 600029-10. (Filing Fee $ 350.00, Receipt Number 893671).Document filed by Kaza Azteca America Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit)(rdz) (Entered: 02/09/2010) | |||
| 2010-02-04 | 2 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Azteca International Corporation as Corporate Parent. Document filed by Kaza Azteca America Inc..(rdz) (Entered: 02/09/2010) | |||
| 2010-02-11 | 3 | 0 | STIPULATION: The time within which defendants Kaza must answer, move or otherwise respond to the Motion for Summary Judgment in lieu of Complaint is extended to and including 2/25/2010. (Signed by Judge Sidney H. Stein on 2/11/2010) (tro) (Entered: 02/11/2010) | |||
| 2010-02-23 | 4 | 0 | ORDER, plaintiff shall reply to its motion for summary judgment in lieu of complaint on or before 3/4/10 ( Reply due by 3/4/2010.) (Signed by Judge Sidney H. Stein on 2/23/10) (cd) (Entered: 02/23/2010) | |||
| 2010-02-25 | 5 | 0 | DECLARATION of Horacio Medal re: 1 Notice of Removal , with State court's Motion for Summary Judgment filed as an attachment. Document filed by Kaza Azteca America Inc.. (Attachments: # 1 Exhibit A to the declaration, # 2 Exhibit B to the declaration, # 3 Exhibit C to the declaration, # 4 Exhibit D to the declaration, # 5 Exhibit E to the delcaration, # 6 Exhibit F to the declaration, # 7 Exhibit G to the declaration)(Reed, Erica) (Entered: 02/25/2010) | |||
| 2010-02-25 | 6 | 0 | RULE 56.1 STATEMENT. Document filed by Kaza Azteca America Inc.. (Reed, Erica) (Entered: 02/25/2010) | |||
| 2010-02-25 | 7 | 0 | MEMORANDUM OF LAW re: 1 Notice of Removal filed in opposition to the motion for Summary Judgment in the removed State Court action. Document filed by Kaza Azteca America Inc.. (Reed, Erica) (Entered: 02/25/2010) | |||
| 2010-03-03 | 8 | 0 | NOTICE OF APPEARANCE by David Clair Kistler, Jr on behalf of Hispanic Independent Television Sales, LLC (Kistler, David) (Entered: 03/03/2010) | |||
| 2010-03-04 | 9 | 0 | ENDORSED LETTER addressed to Judge Sidney H. Stein from Michael A. Rowe dated 3/2/2010 re: Counsel for plaintiff writes requesting that plaintiff's reply to HITS motion for summary judgment be adjourned from 3/4/2010 to 3/11/2010. ENDORSEMENT: SO ORDERED. (Signed by Judge Sidney H. Stein on 3/3/2010) (tve) (Entered: 03/04/2010) | |||
| 2010-03-04 | 10 | 0 | NOTICE OF APPEARANCE by Michael Anthony Rowe on behalf of Hispanic Independent Television Sales, LLC (Rowe, Michael) (Entered: 03/04/2010) | |||
| 2010-03-11 | 11 | 0 | FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - REPLY MEMORANDUM OF LAW in Opposition re: 6 Rule 56.1 Statement, 7 Memorandum of Law, 5 Declaration,. Document filed by Hispanic Independent Television Sales, LLC. (Attachments: # 1 Declaration of Christoper Poindexter wiht Exhibit, # 2 Statement Pursuant to Local Rule 56.1(REPLY MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT).(Rowe, Michael) Modified on 3/12/2010 (KA). (Entered: 03/11/2010) | |||
| 2010-03-12 | 12 | 0 | REPLY MEMORANDUM OF LAW in Support re: 11 Reply Memorandum of Law in Oppisition,. Document filed by Hispanic Independent Television Sales, LLC. (Attachments: # 1 Declaration of Christopher Poindexter with Exhibits, # 2 Response to Statement of Material Facts Pursuant to Local Rule 56.1)(Rowe, Michael) (Entered: 03/12/2010) | |||
| 2010-03-24 | 13 | 0 | SUBSTITUTION OF COUNSEL: Defendant Kaza Azteca America Inc., makes the following substitution of its counsel in the above captioned matter. Former Counsel: Attorney Judith A. Archer and Erica Ashley Reed terminated. New Counsel: Attorney Roger Ryan Crane, Jr for Kaza Azteca America Inc. added. (Signed by Judge Sidney H. Stein on 3/24/2010) (tro) (Entered: 03/24/2010) | |||
| 2010-03-26 | 14 | 0 | NOTICE OF APPEARANCE by Roger Ryan Crane, Jr on behalf of Kaza Azteca America Inc. (Crane, Roger) (Entered: 03/26/2010) | |||
| 2011-02-04 | 15 | 0 | ORDER: IT IS HEREBY ORDERED that: 1. For the reasons set forth on the record, plaintiff's motion for summary judgment is denied; 2. The plaintiff shall serve and file its complaint on or before February 14, 2011; 3. Defendant shall serve and file its answer to the complaint by March 4, 2011; 4. Plaintiff's motion to dismiss the affirmative defenses is due on or before March 11, 2011; 5. Defendant's response to the motion is due on or before March 25, 2011; 6. Plaintiff's reply to its motion is due on or before April 1, 2011; and 7. If no motion is made, the parties shall notify the Court, in writing, to set a discovery schedule. Kaza Azteca America Inc. answer due 3/4/2011. (Motions due by 3/11/2011. Responses due by 3/25/2011. Replies due by 4/1/2011) (Signed by Judge Sidney H. Stein on 2/4/2011) (lnl) (Entered: 02/04/2011) | |||
| 2011-02-14 | 17 | 0 | COMPLAINT against Kaza Azteca America Inc. Document filed by Hispanic Independent Television Sales, LLC.(mro) (ama). (Entered: 02/15/2011) | |||
| 2011-03-04 | 18 | 0 | NOTICE OF APPEARANCE by Marc Adam Rogovin on behalf of Kaza Azteca America Inc. (Rogovin, Marc) (Entered: 03/04/2011) | |||
| 2011-03-04 | 19 | 0 | ANSWER to Complaint., COUNTERCLAIM against Hispanic Independent Television Sales, LLC. Document filed by Kaza Azteca America Inc..(Crane, Roger) (Entered: 03/04/2011) | 2017-08-24 00:45:10 | 352a2ffd04e10636a4fa1469b2561e5440ee6bb6 | |
| 2011-03-11 | 20 | 0 | NOTICE OF CHANGE OF ADDRESS by Marc Adam Rogovin on behalf of Kaza Azteca America Inc.. New Address: K&L Gates LLP, 599 Lexington Avenue, New York, New York, U.S.A. 10022-6030, (212) 536-3900. (Rogovin, Marc) (Entered: 03/11/2011) | |||
| 2011-03-11 | 21 | 0 | MOTION to Dismiss Defendant's Breach of Contract Counterclaim. Document filed by Hispanic Independent Television Sales, LLC. Responses due by 3/25/2011(Rowe, Michael) (Entered: 03/11/2011) | |||
| 2011-03-11 | 22 | 0 | DECLARATION of Michael A. Rowe in Support re: 21 MOTION to Dismiss Defendant's Breach of Contract Counterclaim.. Document filed by Hispanic Independent Television Sales, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Rowe, Michael) (Entered: 03/11/2011) | |||
| 2011-03-11 | 23 | 0 | MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss Defendant's Breach of Contract Counterclaim.. Document filed by Hispanic Independent Television Sales, LLC. (Rowe, Michael) (Entered: 03/11/2011) | |||
| 2011-03-25 | 24 | 0 | MEMORANDUM OF LAW in Opposition re: 21 MOTION to Dismiss Defendant's Breach of Contract Counterclaim.. Document filed by Kaza Azteca America Inc.. (Attachments: # 1 Certificate of Service)(Rogovin, Marc) (Entered: 03/25/2011) | |||
| 2011-03-25 | 25 | 0 | AFFIDAVIT of Roger R. Crane, Jr. in Opposition re: 21 MOTION to Dismiss Defendant's Breach of Contract Counterclaim.. Document filed by Kaza Azteca America Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service)(Rogovin, Marc) (Entered: 03/25/2011) | |||
| 2011-03-29 | 26 | 0 | ENDORSED LETTER: addressed to Judge Sidney H. Stein from Michael A. Rowe dated 3/29/2011 re: Counsel for plaintiff writes on March 11, 2011, HITS moved to dismiss defendant Kaza Azteca America Inc.'s ("Kaza") counterclaim. On March 25, 2011, Kaza filed its opposition. Kaza consents to extending HITS' time to reply from April 1, 2011 to April 8, 2011. ENDORSEMENT: So Ordered. (Signed by Judge Sidney H. Stein on 3/29/11) (js) (Entered: 03/29/2011) | |||
| 2011-04-08 | 27 | 0 | REPLY MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss Defendant's Breach of Contract Counterclaim.. Document filed by Hispanic Independent Television Sales, LLC. (Attachments: # 1 Declaration of Michael A. Rowe, Esq. with Exhibits, # 2 Exhibit, # 3 Exhibit)(Rowe, Michael) (Entered: 04/08/2011) | |||
| 2011-09-21 | 28 | 0 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - RESPONSE in Support re: 21 MOTION to Dismiss Defendant's Breach of Contract Counterclaim.. Document filed by Hispanic Independent Television Sales, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Rowe, Michael) Modified on 9/21/2011 (db). (Entered: 09/21/2011) | |||
| 2012-03-30 | 29 | 0 | ORDER: IT IS HEREBY ORDERED that there will be a pretrial conference in this action on April 12, 2012, at 3:00 p.m. ( Pretrial Conference set for 4/12/2012 at 03:00 PM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 3/30/2012) (djc) (Entered: 03/30/2012) | |||
| 2012-03-30 | 30 | 0 | OPINION AND ORDER re: #101658 21 MOTION to Dismiss Defendant's Breach of Contract Counterclaim filed by Hispanic Independent Television Sales, LLC. As Kaza has pled adequate facts to establish the affirmative defense of recoupment, it may proceed with that affirmative defense. HITS's motion is denied. (Signed by Judge Sidney H. Stein on 3/30/2012) (jar) Modified on 4/3/2012 (jab). (Entered: 03/30/2012) | 2012-03-31 10:20:44 | e3223359d26c52378f73fa0eae01850c6a3271dd | |
| 2012-04-13 | 31 | 0 | ORDER: IT IS HEREBY ORDERED that: 1. The last day for the parties to exchange mandatory disclosures pursuant to Fed. R. Civ. P. 26(a) and to develop a discovery plan pursuant to Rule 26(f) is April 26, 2012; 2. The last day for completion of fact discovery is October 1, 2012. No extensions of the discovery deadline will be granted except for extreme good cause shown; and 3. In light of the parties' request that Magistrate Judge Maas handle this action for general pretrial purposes, the conference previously scheduled for October 5, 2012, at 10:00 a.m. is adjourned sine die. (Signed by Judge Sidney H. Stein on 4/13/2012) (djc) (Main Document 31 replaced on 4/17/2012) (laq). (Entered: 04/13/2012) | |||
| 2012-04-13 | 32 | 0 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Frank Maas. (Signed by Judge Sidney H. Stein on 4/12/2012) (djc) (Entered: 04/13/2012) | |||
| 2012-06-25 | 33 | 0 | ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Michael A. Rowe dated 6/20/2012 re: We represent plaintiff Hispanic Independent Television Sales, LLC in this matter. We submit this letter jointly with defendant Kaza Azteca America Inc. Your Honor proposed July 6, 2012 and July 10, 2012 as dates for a settlement conference in this matter. Neither of those dates works for the parties. The parties are available on July 2, 2012 from 12:00 p.m. to 5:00 p.m. for a settlement conference, if that date is convenient for Your Honor. ENDORSEMENT: The conference will be held 7/2 at 2 p.m. in Courtroom 9A. ( Settlement Conference set for 7/2/2012 at 02:00 PM in Courtroom 9A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 6/25/2012) (djc) (Entered: 06/25/2012) | |||
| 2012-08-13 | 34 | 0 | ENDORSED LETTER: addressed to Magistrate Judge Frank Maas from Michael A. Rowe dated 8/13/2012 re: Based upon the foregoing, as noted above, the parties request a short extension in order to provide ample time to complete discovery. The parties are confident that they will be able to complete the necessary discovery in that time. In accordance with Your Honor's individual practices, the parties state that the original date is October 1, 2012, the requested date is November 5, 2012, there have been no previous requests for an adjournment, and, as noted above, this is a joint request. ENDORSEMENT: The discovery deadline is extended to 11/5/2012. Additionally, the Court will hold a telephone conference on 11/7/2012 at 10:00 a.m. Mr. Rowe should initiate the call. So Ordered. (Signed by Magistrate Judge Frank Maas on 8/13/2012) (js) (Entered: 08/14/2012) | |||
| 2012-09-18 | 35 | 0 | ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Roger R. Crane Jr. dated 9/18/2012 re: I am writing on behalf of Kaza Azteca America, Inc. ("Kaza") to request a conference concerning several discovery disputes that have arisen in the referenced litigation. ENDORSEMENT: The Court will hold a telephone conference on September 24, 2012, at 11 am. Mr. Crane should initiate the call., ( Telephone Conference set for 9/24/2012 at 11:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 9/18/2012) (lmb) (Entered: 09/19/2012) | |||
| 2012-09-25 | 36 | 0 | ORDER: A further conference, at which the Order to Show Cause will be heard, shall be held on October 5, 2012, at 9:30 a.m., in Courtroom 20A. Defendant shall file its motion seeking leave to file an amended counterclaim by October 12, 2012. Plaintiff shall file its opposition papers by October 26, 2012. Any reply papers shall be due on November 2, 2012. The deadline for discovery to be completed is extended to November 26, 2012. Additional relief as set forth in this Order. ( Discovery due by 11/26/2012., Motions due by 10/12/2012., Responses due by 10/26/2012, Replies due by 11/26/2012., Show Cause Hearing set for 10/5/2012 at 09:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 9/25/2012) Copies to: Hon. Sidney H. Stein United States District Judge. All counsel (via ECF)(pl) Modified on 9/26/2012 (pl). Modified on 9/26/2012 (pl). (Entered: 09/26/2012) | |||
| 2012-09-26 | 37 | 0 | AFFIDAVIT of Marc A. Rogovin in Support re: 36 Order, Set Deadlines/Hearings,,,,,,. Document filed by Kaza Azteca America Inc.. (Rogovin, Marc) (Entered: 09/26/2012) | |||
| 2012-09-25 | 38 | 0 | ORDER TO SHOW CAUSE: Non party Kenneth P. Silverman shall show cause as to why an order should not be entered against him, pursuant to Rule 45(e) of the FRCP holding him in civil contempt for failing without adequate excuse to obey the subpoena duces tecum served upon him by defendant Kaza Azteca America Inc. Show Cause Hearing set for 10/5/2012 at 09:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Judge Frank Maas. (Signed by Magistrate Judge Frank Maas on 9/25/2012) (djc) Modified on 9/27/2012 (djc). Modified on 9/28/2012 (djc). (Entered: 09/27/2012) | |||
| 2012-10-03 | 39 | 0 | AFFIDAVIT of Kenneth P. Silverman, the Chapter 7 Trustee of Interep National Radio Sales, Inc. re: 36 Order, Set Deadlines/Hearings,,,,,, /Declaration of Kenneth P. Silverman in Opposition to Defendant's Motion for Civil Contempt. Document filed by Kenneth P. Silverman, as Chapter 7 Trustee of Interep National Radio Sales, Inc.. (Attachments: # 1 Affidavit of Service)(Seidman, Lon) (Entered: 10/03/2012) | |||
| 2012-10-03 | 40 | 0 | AFFIDAVIT of Brett S. Silverman re: 36 Order, Set Deadlines/Hearings,,,,,, /Declaration of Brett S. Silverman in Opposition to Defendant's Motion for Civil Contempt Against the Trustee. Document filed by Kenneth P. Silverman, as Chapter 7 Trustee of Interep National Radio Sales, Inc.. (Attachments: # 1 Exhibit A-Email Correspondence, # 2 Affidavit of Service)(Seidman, Lon) (Entered: 10/03/2012) | |||
| 2012-10-03 | 41 | 0 | AFFIDAVIT of Tracey Karm re: 36 Order, Set Deadlines/Hearings,,,,,, /Declaration of Tracey Karm in Opposition to Defendant's Motion for Civil Contempt Against the Trustee. Document filed by Kenneth P. Silverman, as Chapter 7 Trustee of Interep National Radio Sales, Inc.. (Attachments: # 1 Affidavit of Service)(Seidman, Lon) (Entered: 10/03/2012) | |||
| 2012-10-04 | 42 | 0 | REPLY AFFIDAVIT of Marc A. Rogovin in Opposition re: 38 Order to Show Cause,,. Document filed by Kaza Azteca America Inc.. (Rogovin, Marc) (Entered: 10/04/2012) | |||
| 2012-10-04 | 43 | 0 | AFFIDAVIT OF SERVICE of Reply Affidavit of Marc A. Rogovin (dated 10/4/12) on 10/4/12. Document filed by Kaza Azteca America Inc.. (Rogovin, Marc) (Entered: 10/04/2012) | |||
| 2012-10-09 | 44 | 0 | ORDER: The hearing concerning Kaza's order to show cause held on October 5, 2012, is continued, and it is hereby ORDERED that a telephone conference shall be held on October 23, 2012, at 2 p.m. Defendant's counsel should initiate the conference call. Any requests for adjournment or cancellation of the conference shall be made in writing by October 22, 2012., ( Telephone Conference set for 10/23/2012 at 02:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 10/5/2012) Copies Sent By Chambers. (pl) Modified on 10/9/2012 (pl). (Entered: 10/09/2012) | |||
| 2012-10-11 | 45 | 0 | ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Marc A Rogovin dated 10/11/2012 re: Request for the following briefing schedule for defendant Kaza's motion for leave to file an amended complaint. ENDORSEMENT: Granted on consent. ( Motion due by 10/19/2012. Responses due by 11/2/2012, Replies due by 11/9/2012.) (Signed by Magistrate Judge Frank Maas on 10/11/2012) (cd) (Entered: 10/11/2012) | |||
| 2012-10-15 | 46 | 0 | TRANSCRIPT of Proceedings re: proceedings held on 9/24/2012 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/8/2012. Redacted Transcript Deadline set for 11/19/2012. Release of Transcript Restriction set for 1/17/2013.(tro) (Entered: 10/15/2012) | |||
| 2012-10-15 | 47 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a proceedings proceeding held on 9/24/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro) (Entered: 10/15/2012) | |||
| 2012-10-22 | 48 | 0 | ENDORSED LETTER addressed to Magistrate Judge Frank Maas, from Marc A. Rogovin, dated 10/18/2012, re: discovery dispute between the parties in the referenced litigation. ENDORSEMENT: The request for information concerning the ownership of HITS LLC is denied; the date by which to file a motion to amend the answer is extended to November 2, 2012. ( Motions due by 11/2/2012.) (Signed by Magistrate Judge Frank Maas on 10/21/2012) (ja) (Entered: 10/22/2012) | |||
| 2012-10-22 | 49 | 0 | CONFIDENTIALITY STIPULATION AND ORDER: This Confidentiality Agreement (the "Agreement") is intended to govern the disclosure and treatment of the information provided by the Trustee in response to the Defendant's Subpoena served on the Trustee on or about August 3, 2012 and/or other discovery information provided by the Trustee in connection with the above-captioned action (the "Discovery Materials"). (See Order.) (Signed by Magistrate Judge Frank Maas on 10/21/2012) (ja) (Entered: 10/22/2012) | |||
| 2012-10-23 | 50 | 0 | ORDER:Pursuant to the telephone conference held on October 23,2012, the hearing concerning Kaza's order to show cause is continued, and it is hereby ORDERED that a further telephone conference shall be held on October 29,2012, at 9:30 a.m. Defendant's counsel should initiate the call. ( Telephone Conference set for 10/29/2012 at 09:30 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 10/23/2012) (ago) (Entered: 10/24/2012) | |||
| 2012-11-05 | 51 | 0 | ENDORSED LETTER addressed to Skyler Silvertrust from Marc A. Rogovin dated 11/1/2012 re: I write on behalf of defendant Kaza Azteca America, Inc. ("Kaza") in the referenced action. Due to Hurricane Sandy, Kaza respectfully requests that the November 2, 2012 deadline for the filing of its motion for leave to amend its counterclaim be extended by the Court to November 9, 2012. ENDORSEMENT: Application granted. All deadlines related to the motion are extended one week., ( Motions due by 11/9/2012.) (Signed by Magistrate Judge Frank Maas on 11/5/2012) (lmb) (Entered: 11/05/2012) | |||
| 2012-11-07 | 52 | 0 | ORDER: Pursuant to the telephone conference held on November 7, 2012, it is hereby ORDERED that: 1. The deadline for fact discovery is extended to January 25,2013. 2. A further telephone conference shall be held on January 22, 2013, at10 a.m. Defendant's counsel should initiate the call. ( Discovery due by 1/25/2013.) ( Telephone Conference set for 1/22/2013 at 10:00 AM before Judge Sidney H. Stein.) (Signed by Magistrate Judge Frank Maas on 11/7/2012) (fk) (Entered: 11/08/2012) | |||
| 2012-11-09 | 53 | 0 | MOTION for Leave to File Amended Answer, Affirmative Defense and Counterclaim. Document filed by Kaza Azteca America Inc..(Rogovin, Marc) (Entered: 11/09/2012) | |||
| 2012-11-09 | 54 | 0 | DECLARATION of Marc A. Rogovin in Support re: 53 MOTION for Leave to File Amended Answer, Affirmative Defense and Counterclaim.. Document filed by Kaza Azteca America Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Rogovin, Marc) (Entered: 11/09/2012) | |||
| 2012-11-09 | 55 | 0 | DECLARATION of Robert Turner in Support re: 53 MOTION for Leave to File Amended Answer, Affirmative Defense and Counterclaim.. Document filed by Kaza Azteca America Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rogovin, Marc) (Entered: 11/09/2012) | |||
| 2012-11-09 | 56 | 0 | MEMORANDUM OF LAW in Support re: 53 MOTION for Leave to File Amended Answer, Affirmative Defense and Counterclaim.. Document filed by Kaza Azteca America Inc.. (Attachments: # 1 Compendium of Unreported Cases Cited in Defendant Kaza Azteca America Inc.'s Memorandum of Law in Support of Motion for Leave to Amend its Answer, Affirmative Defense and Counterclaim)(Rogovin, Marc) (Entered: 11/09/2012) | |||
| 2012-11-15 | 57 | 0 | ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Michael A. Rowe, Esq. dated 11/15/2012 re: We request an extension to file opposition to December 6. ENDORSEMENT: The deadline for opposition is extended to 11/23/12. Reply papers shall be due 11/30/12., ( Responses due by 11/23/2012, Replies due by 11/30/2012.) (Signed by Magistrate Judge Frank Maas on 11/15/2012) (ama) (Entered: 11/15/2012) | |||
| 2012-11-15 | 58 | 0 | ORDER: On November 15, 2012, I issued a memo endorsed letter extending the deadline by which the Plaintiff is to file opposition papers to the Defendant's motion for leave to amend its Answer. (ECF No. 57). I granted the extension, but it has come to my attention that the memo endorsement reflects incorrect dates. My corrected ruling is as follows: The deadline for opposition papers is extended to 12116/12. Reply papers shall be due 12/20/12. Responses due by 12/16/2012 Replies due by 12/20/2012. (Signed by Magistrate Judge Frank Maas on 11/15/2012) (ft) Modified on 11/30/2012 (ft). (Entered: 11/16/2012) | |||
| 2012-12-21 | 59 | 0 | ENDORSED LETTER: addressed to Magistrate Judge Frank Maas from Michael A. Rowe dated 12/20/2012 re: Counsel for Plaintiff requests a short extension in order to provide ample time to complete discovery. The parties state that the original date is January 25, 2013, the requested date is March 26, 2013.ENDORSEMENT: This is in fact the third request for an extension. Discovery is extended through March 1, 2013. No further extensions will be granted absent a showing of extraordinary circumstances. So Ordered., ( Discovery due by 3/1/2013.) (Signed by Magistrate Judge Frank Maas on 12/21/2012) (js) (Entered: 12/21/2012) | |||
| 2012-12-21 | 60 | 0 | MOTION for Summary Judgment. Document filed by Kaza Azteca America Inc..(Rogovin, Marc) (Entered: 12/21/2012) | |||
| 2012-12-21 | 61 | 0 | MEMORANDUM OF LAW in Support re: 60 MOTION for Summary Judgment.. Document filed by Kaza Azteca America Inc.. (Rogovin, Marc) (Entered: 12/21/2012) | |||
| 2012-12-21 | 62 | 0 | DECLARATION of Robert Turner in Support re: 60 MOTION for Summary Judgment.. Document filed by Kaza Azteca America Inc.. (Attachments: # 1 Exhibit 1)(Rogovin, Marc) (Entered: 12/21/2012) | |||
| 2012-12-21 | 63 | 0 | RULE 56.1 STATEMENT. Document filed by Kaza Azteca America Inc.. (Rogovin, Marc) (Entered: 12/21/2012) | |||
| 2012-12-21 | 64 | 0 | NOTICE of Compendium of Unreported Cases re: 61 Memorandum of Law in Support of Motion. Document filed by Kaza Azteca America Inc.. (Rogovin, Marc) (Entered: 12/21/2012) | |||
| 2013-01-03 | 65 | 0 | ORDER granting 53 Motion for Leave to File Document. The deadline for opposition papers to have been submitted was December 16,201 (See ECF No. 58). HITS LLC filed no response and, consequently, the motion is unopposed. As Kaza notes, its proposed counterclaim overlaps with its existing breach of contract claim, suggesting that no additional discovery will be required as a consequence of the proposed amendment. Additionally, although Kaza's belief that HITS LLC is liable for the actions of HITS, Inc., may ultimately prove unfounded, there has been no showing that the proposed counterclaim against HITS LLC would be futile. For these reasons, Kaza's motion for leave to amend, (ECF No. 53), is GRANTED. Kaza is directed to serve and file its amended Answer by January 11,2013.(Signed by Magistrate Judge Frank Maas on 1/2/2013) Copies Sent By Chambers. (ago) (Entered: 01/03/2013) | |||
| 2013-01-03 | 66 | 0 | ENDORSED LETTER addressed to Judge Sidney H. Stein from Michael A. Rowe dated 12/27/2012 re: The parties respectfully submit this joint request for a briefing schedule on Kaza's motion. HITS' opposition is due January 21, 2013 and Kaza's reply is due February 8, 2013. No previous request has been made. This is a joint request. ENDORSEMENT: So ordered. (Signed by Judge Sidney H. Stein on 1/3/2013) (rjm) (Entered: 01/03/2013) | |||
| 2013-01-04 | 67 | 0 | ORDER: On January 3, 20 l3, I issued an Order docketed as ECF No. 65. I later learned, however, that the defendant had withdrawn the motion to which it relates by letter submission dated December 6, 2012 (a copy of which does not appear to have been received). Therefore, my Order of January 3, 20l3, (ECF No. 65), is rescinded, and the Clerk of the Court is requested to terminate the motion (ECF No. 53) on the docket sheet. (Signed by Magistrate Judge Frank Maas on 1/3/2013) Copies Sent By Chambers. (cd) (Entered: 01/04/2013) | |||
| 2013-01-22 | 68 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - CROSS MOTION for Summary Judgment. Document filed by Hispanic Independent Television Sales, LLC. (Attachments: # 1 Plaintiff's Brief in Support of its Cross Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment, # 2 Declaration of Michael A. Rowe, Esquire, # 3 Exhibit A to Rowe Declaration, # 4 Exhibit B to Rowe Declaration, # 5 Exhibit C to Rowe Declaration, # 6 Exhibit D to Rowe Declaration, # 7 Exhibit E to Rowe Declaration, # 8 Exhibit F to Rowe Declaration, # 9 Exhibit G to Rowe Declaration, # 10 Exhibit H to Rowe Declaration, # 11 Declaration of Tracey Karm, # 12 Exhibit A to Karm Declaration, # 13 Exhibit B Part 1 to Karm Declaration, # 14 Exhibit B Part 2 to Karm Declaration, # 15 Exhibit B Part 3 to Karm Declaration, # 16 Exhibit B Part 4 to Karm Declaration, # 17 Plaintiff's Response to Defendant's Rule 56.1 Statement and its own Rule 56.1 Statement)(Rowe, Michael) Modified on 1/23/2013 (db). (Entered: 01/22/2013) | |||
| 2013-01-22 | 69 | 0 | ORDER: Pursuant to the telephone conference held on January 22,2013, it is hereby ORDERED that a further telephone conference with both parties shall be held on February 25,2013, at 9:30 a.m. Plaintiff's counsel should initiate the call. SO ORDERED.( Telephone Conference set for 2/25/2013 at 09:30 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 1/22/2013) Copies via ECF Sent By Chambers. (ama) (Entered: 01/22/2013) | |||
| 2013-01-23 | 70 | 0 | CROSS MOTION for Summary Judgment on its collection claim. Document filed by Hispanic Independent Television Sales, LLC.(Rowe, Michael) (Entered: 01/23/2013) | |||
| 2013-01-23 | 71 | 0 | MEMORANDUM OF LAW in Support re: 70 CROSS MOTION for Summary Judgment on its collection claim., 60 MOTION for Summary Judgment. and in Opposition to defendant's motion for summary judgment. Document filed by Hispanic Independent Television Sales, LLC. (Rowe, Michael) (Entered: 01/23/2013) | |||
| 2013-01-23 | 72 | 0 | RULE 56.1 STATEMENT. Document filed by Hispanic Independent Television Sales, LLC. (Rowe, Michael) (Entered: 01/23/2013) | |||
| 2013-01-23 | 73 | 0 | DECLARATION of Michael A. Rowe, Esq. in Support re: 70 CROSS MOTION for Summary Judgment on its collection claim., 60 MOTION for Summary Judgment.. Document filed by Hispanic Independent Television Sales, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Rowe, Michael) (Entered: 01/23/2013) | |||
| 2013-01-23 | 74 | 0 | DECLARATION of Tracey Karm in Support re: 70 CROSS MOTION for Summary Judgment on its collection claim., 60 MOTION for Summary Judgment.. Document filed by Hispanic Independent Television Sales, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B (Part 1 of 4), # 3 Exhibit B (Part 2 of 4), # 4 Exhibit B (Part 3 of 4), # 5 Exhibit B (Part 4 of 4))(Rowe, Michael) (Entered: 01/23/2013) | |||
| 2013-02-05 | 75 | 0 | ENDORSED LETTER addressed to Judge Sidney H. Stein from Marc A. Rogovin dated 2/05/2013 re: Under the proposed revised schedule, Kaza's reply in support of its motion and opposition to HITS' cross-motion will be due February 25, 2013. HITS' reply in support of its cross-motion will be due March 11, 2013.ENDORSEMENT: SO ORDERED., ( Cross Motions due by 2/25/2013., Replies due by 3/11/2013.) (Signed by Judge Sidney H. Stein on 2/05/2013) (ama) (Entered: 02/05/2013) | |||
| 2013-02-25 | 76 | 0 | ORDER: Pursuant to the telephone conference held on February 25, 2013, it is hereby ORDERED that expert reports concerning any claim as to which a party affirmatively bears the burden of proof shall be due twenty-one days after Judge Stein rules on the pending cross-motions for summary judgment. Opposition reports shall be due twenty-one days thereafter. All expert discovery shall be completed within fourteen days after the submission of any opposition reports. (Signed by Magistrate Judge Frank Maas on 2/25/2013) Copies sent by Chambers to Hon. Sidney H. Stein (djc) (Entered: 02/26/2013) | |||
| 2013-02-25 | 77 | 0 | ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Marc A. Rogovin dated 2/25/2013 re: As discussed during the status conference call held earlier today, the parties in the above-referenced action respectfully submit this joint letter requesting a modified briefing schedule for Kaza's motion and HITS' cross-motion for summary judgment. The current deadline for Kaza's reply brief is February 25, 2013. Under the proposed modified schedule, Kaza's reply brief in support of its motion will be due March 11, 2013. HITS' reply brief in support of its cross-motion will be due March 25, 2013. One previous request for an extension of time was granted with respect to the motion and cross-motion. This is a joint request. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. ( Replies due by 3/25/2013.) (Signed by Magistrate Judge Frank Maas on 2/25/2013) (djc) (Entered: 02/26/2013) | |||
| 2013-03-11 | 78 | 0 | REPLY to Response to Motion re: 70 CROSS MOTION for Summary Judgment on its collection claim., 60 MOTION for Summary Judgment.. Document filed by Kaza Azteca America Inc.. (Attachments: # 1 Compendium of Unreported Cases Cited in Defendant Kaza Azteca America Inc.'s Reply Memorandum of Law in Further Support of its Motion for Summary Judgment and in Opposition to Plaintiff's Cross-Motion for Summary Judgment)(Rogovin, Marc) (Entered: 03/11/2013) | |||
| 2013-03-11 | 79 | 0 | DECLARATION of Marc A. Rogovin in Support re: 60 MOTION for Summary Judgment.. Document filed by Kaza Azteca America Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Rogovin, Marc) (Entered: 03/11/2013) | |||
| 2013-03-11 | 80 | 0 | DECLARATION of Robert Turner in Support re: 60 MOTION for Summary Judgment.. Document filed by Kaza Azteca America Inc.. (Rogovin, Marc) (Entered: 03/11/2013) | |||
| 2013-03-25 | 81 | 0 | REPLY MEMORANDUM OF LAW in Support re: 68 CROSS MOTION for Summary Judgment., 70 CROSS MOTION for Summary Judgment on its collection claim., 60 MOTION for Summary Judgment.. Document filed by Hispanic Independent Television Sales, LLC. (Rowe, Michael) (Entered: 03/25/2013) | |||
| 2013-03-25 | 82 | 0 | DECLARATION of Michael A Rowe, Esq. in Support re: 68 CROSS MOTION for Summary Judgment., 70 CROSS MOTION for Summary Judgment on its collection claim., 60 MOTION for Summary Judgment.. Document filed by Hispanic Independent Television Sales, LLC. (Attachments: # 1 Exhibit B, # 2 Exhibit C)(Rowe, Michael) (Entered: 03/25/2013) | |||
| 2013-03-25 | 83 | 0 | DECLARATION of Michael A. Rowe, Esq. in Support re: 68 CROSS MOTION for Summary Judgment., 70 CROSS MOTION for Summary Judgment on its collection claim., 60 MOTION for Summary Judgment.. Document filed by Hispanic Independent Television Sales, LLC. (Attachments: # 1 Exhibit A (Part One))(Rowe, Michael) (Entered: 03/25/2013) | |||
| 2013-03-25 | 84 | 0 | DECLARATION of Michael A. Rowe, Esq. in Support re: 68 CROSS MOTION for Summary Judgment., 70 CROSS MOTION for Summary Judgment on its collection claim., 60 MOTION for Summary Judgment.. Document filed by Hispanic Independent Television Sales, LLC. (Attachments: # 1 Exhibit A (Part Two))(Rowe, Michael) (Entered: 03/25/2013) | |||
| 2013-09-30 | 85 | 0 | ORDER. Kaza' s motion for summary judgment is denied. (Dkt. No. 60.) HITS cross-moves for summary judgment in its favor on the ground that Kaza's failure to pay the accounts receivable is uncontested. That cross-motion is denied because there is a material issue of fact as to whether Interep performed under the contract. HITS's cross-motion for summary judgment is also denied. (Dkt. No. 70.) The parties shall confer and agree upon a trial date to occur within the next four months. They shall notify the Court in writing of that day on or before October 11, 2013, and as further set forth. Denying 60 Motion for Summary Judgment; Denying 70 Motion for Summary Judgment. (Signed by Judge Sidney H. Stein on 9/30/2013) (rjm) (Entered: 09/30/2013) | |||
| 2013-10-10 | 86 | 0 | LETTER addressed to Judge Sidney H. Stein from Michael A. Rowe, Esq. dated 10-10-13 re: Trial Date. Document filed by Hispanic Independent Television Sales, LLC.(Rowe, Michael) (Entered: 10/10/2013) | |||
| 2013-10-11 | 87 | 0 | ORDER: The parties having agreed upon January 27, 2014, as the starting date for the trial of this action, IT IS HEREBY ORDERED that: 1. The joint pretrial order, proposed jury charges, proposed voir dire, and any motions in limine shall be due on or before January 3, 2014; 2. Responses to motions in limine, if any, are due on or before January 10, 2014; 3. Replies to motions in limine, if any, are due on or before January 15, 2014; and 4. The trial of this action is set for January 27, 2014, at 9:30a.m. ( Motions due by 1/3/2014., Pretrial Order due by 1/3/2014., Responses due by 1/10/2014, Replies due by 1/15/2014., Jury Trial set for 1/27/2014 at 09:30 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 10/11/2013) (mro) (Entered: 10/11/2013) | |||
| 2013-12-02 | 88 | 0 | ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Michael A. Rowe dated 12/2/2013 re: There is mediation scheduled in this matter on December 12, 2013 at 4:00 p.m. The parties respectfully request that this mediation be rescheduled to 3:30 p.m. on that same date. ENDORSEMENT: Approved. (Signed by Magistrate Judge Frank Maas on 12/2/2013) (rjm) (Entered: 12/03/2013) | |||
| 2013-12-09 | 89 | 0 | LETTER addressed to Magistrate Judge Frank Maas from Roger R. Crane Jr. dated 12/9/13 Document filed by Kaza Azteca America Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Crane, Roger) (Entered: 12/09/2013) | |||
| 2013-12-12 | 90 | 0 | LETTER addressed to Magistrate Judge Frank Maas from Seth J. Lapidow dated December 12, 2013 re: Pre-Motion Conference. Document filed by Hispanic Independent Television Sales, LLC.(Rowe, Michael) (Entered: 12/12/2013) | |||
| 2013-12-18 | 91 | 0 | ENDORSED LETTER addressed to Judge Sidney H. Stein from Michael A. Rowe dated 12/18/13 re: Counsel writes to request that the time to submit the pre-trial submissions (joint pre-trial order, proposed jury charges and proposed voir dire) be extended to 1/13/14. ENDORSEMENT: So ordered. (Signed by Judge Sidney H. Stein on 12/18/2013) (mro) Modified on 12/18/2013 (mro). (Entered: 12/18/2013) | |||
| 2014-01-03 | 92 | 0 | MOTION in Limine. Document filed by Hispanic Independent Television Sales, LLC.(Rowe, Michael) (Entered: 01/03/2014) | |||
| 2014-01-03 | 93 | 0 | MEMORANDUM OF LAW in Support re: 92 MOTION in Limine. to preclude evidence of hearsay statements. Document filed by Hispanic Independent Television Sales, LLC. (Rowe, Michael) (Entered: 01/03/2014) | |||
| 2014-01-03 | 94 | 0 | MEMORANDUM OF LAW in Support re: 92 MOTION in Limine. to preclude the use of certain documents. Document filed by Hispanic Independent Television Sales, LLC. (Rowe, Michael) (Entered: 01/03/2014) | |||
| 2014-01-03 | 95 | 0 | MEMORANDUM OF LAW in Support re: 92 MOTION in Limine. to preclude evidence of damages. Document filed by Hispanic Independent Television Sales, LLC. (Rowe, Michael) (Entered: 01/03/2014) | |||
| 2014-01-03 | 96 | 0 | DECLARATION of Seth Lapidow in Support re: 92 MOTION in Limine.. Document filed by Hispanic Independent Television Sales, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Rowe, Michael) (Entered: 01/03/2014) | |||
| 2014-01-03 | 97 | 0 | DECLARATION of Seth Lapidow in Support re: 92 MOTION in Limine.. Document filed by Hispanic Independent Television Sales, LLC. (Attachments: # 1 Exhibit K)(Rowe, Michael) (Entered: 01/03/2014) | |||
| 2014-01-03 | 98 | 0 | DECLARATION of Seth Lapidow in Support re: 92 MOTION in Limine.. Document filed by Hispanic Independent Television Sales, LLC. (Attachments: # 1 Exhibit M, # 2 Exhibit N, # 3 Exhibit O, # 4 Exhibit P)(Rowe, Michael) (Entered: 01/03/2014) | |||
| 2014-01-03 | 99 | 0 | DECLARATION of Seth Lapidow in Support re: 92 MOTION in Limine.. Document filed by Hispanic Independent Television Sales, LLC. (Attachments: # 1 Exhibit L (Part One))(Rowe, Michael) (Entered: 01/03/2014) | |||
| 2014-01-03 | 100 | 0 | DECLARATION of Seth Lapidow in Support re: 92 MOTION in Limine.. Document filed by Hispanic Independent Television Sales, LLC. (Attachments: # 1 Exhibit L (Part Two))(Rowe, Michael) (Entered: 01/03/2014) | |||
| 2014-01-03 | 101 | 0 | DECLARATION of Seth Lapidow in Support re: 92 MOTION in Limine.. Document filed by Hispanic Independent Television Sales, LLC. (Attachments: # 1 Exhibit L (Part Three))(Rowe, Michael) (Entered: 01/03/2014) | |||
| 2014-01-09 | 102 | 0 | ORDER. The parties having notified the Court that this matter has been settled, IT IS HEREBY ORDERED that: 1. The deadline for submission of the joint pretrial order, proposed jury charges, and proposed voir dire is adjourned from January 13, 2014 to January 17, 2014. 2. The deadline for defendant's responses to plaintiff's motions in limine is adjourned from January 10, 2014 to January 17, 2014. 3. The deadline for replies, if any, to plaintiff's motions in limine is adjourned from January 15, 2014 to January 21, 2014. 4. Trial of this action will commence on January 27, 2014 at 9:30 a.m. 5. There will be no further adjournments of these dates. (Joint Pretrial Order due by 1/17/2014. Responses due by 1/17/2014. Replies due by 1/21/2014.), (Jury Trial set for 1/27/2014 at 09:30 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 1/9/2014) (rjm) (Entered: 01/10/2014) | |||
| 2014-01-15 | 103 | 0 | STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Kaza Azteca America Inc. and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Hispanic Independent Television Sales, LLC.(Rowe, Michael) (Entered: 01/15/2014) | |||
| 2014-01-15 | 104 | 0 | STIPULATION & ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against defendant Kaza Azteca America Inc. pursuant to the Federal Rules of Civil Procedure 41(a)(1)(A)(ii). (Signed by Judge Sidney H. Stein on 1/15/2014) (ft) (Entered: 01/15/2014) |