| Court: | nysd |
| Docket #: | 1:15-cv-10170 |
| Case Name: | Sherfam, Inc. v. CDx Laboritories, Inc. et al |
| PACER case #: | 451764 |
| Date filed: | 2015-12-31 |
| Assigned to: | Judge Alvin K. Hellerstein |
| Case Cause: | 28:1332bc Diversity-Breach of Contract |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | None |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Sherfam, Inc. Counter Defendant |
Thomas James Fleming Jonathan Todd Koevary |
| Oral Cancer Prevention International, Inc. Counter Claimant |
Leonard Alan Benowich |
| CDX Diagnostics, Inc. Defendant |
|
| CDx Laboritories, Inc. Counter Claimant |
Leonard Alan Benowich |
| CDX Diagnostics, Inc. Counter Claimant |
Leonard Alan Benowich |
| DW I, LLC Counter Claimant |
Martin S. Siegel Ana-Claudia Roderick |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-12-31 | 1 | 0 | COMPLAINT against CDX Diagnostics, Inc., CDx Laboratories, Inc., Oral Cancer Prevention International, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-11789395)Document filed by Sherfam, Inc..(Koevary, Jonathan) (Entered: 12/31/2015) | 2015-12-31 16:55:09 | 2fd704e2de55e9187897de06aded6a1ee4f0aa2d | |
| 2015-12-31 | 2 | 0 | CIVIL COVER SHEET filed. (Koevary, Jonathan) (Entered: 12/31/2015) | |||
| 2015-12-31 | 3 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sherfam, Inc..(Koevary, Jonathan) (Entered: 12/31/2015) | |||
| 2015-12-31 | 4 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to Oral Cancer Prevention International, Inc., re: 1 Complaint. Document filed by Sherfam, Inc.. (Koevary, Jonathan) (Entered: 12/31/2015) | |||
| 2015-12-31 | 5 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to CDx Laboratories, Inc., re: 1 Complaint. Document filed by Sherfam, Inc.. (Koevary, Jonathan) (Entered: 12/31/2015) | |||
| 2015-12-31 | 6 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to CDx Diagnostics, Inc., re: 1 Complaint. Document filed by Sherfam, Inc.. (Koevary, Jonathan) (Entered: 12/31/2015) | |||
| 2016-01-05 | 7 | 0 | ELECTRONIC SUMMONS ISSUED as to CDX Diagnostics, Inc.. (moh) (Entered: 01/05/2016) | |||
| 2016-01-05 | 8 | 0 | ELECTRONIC SUMMONS ISSUED as to CDx Laboritories, Inc.. (moh) (Entered: 01/05/2016) | |||
| 2016-01-05 | 9 | 0 | ELECTRONIC SUMMONS ISSUED as to Oral Cancer Prevention International, Inc.. (moh) (Entered: 01/05/2016) | |||
| 2016-01-11 | 10 | 0 | NOTICE OF APPEARANCE by Thomas James Fleming on behalf of Sherfam, Inc.. (Fleming, Thomas) (Entered: 01/11/2016) | |||
| 2016-01-12 | 11 | 0 | SUMMONS RETURNED EXECUTED Summons and Complaint served. CDX Diagnostics, Inc. served on 1/7/2016, answer due 1/28/2016. Service was accepted by Pamela Hidalgo / Receptionist. Document filed by Sherfam, Inc.. (Koevary, Jonathan) (Entered: 01/12/2016) | |||
| 2016-01-12 | 12 | 0 | SUMMONS RETURNED EXECUTED Summons and Complaint served. CDx Laboritories, Inc. served on 1/7/2016, answer due 1/28/2016. Service was accepted by Pamela Hidalgo / Receptionist. Document filed by Sherfam, Inc.. (Koevary, Jonathan) (Entered: 01/12/2016) | |||
| 2016-01-12 | 13 | 0 | SUMMONS RETURNED EXECUTED Summons and Complaint served. Oral Cancer Prevention International, Inc. served on 1/7/2016, answer due 1/28/2016. Service was accepted by Pamela Hidalgo / Receptionist. Document filed by Sherfam, Inc.. (Koevary, Jonathan) (Entered: 01/12/2016) | |||
| 2016-01-27 | 14 | 0 | STIPULATION: that (1) Defendants waive any defenses under Rule 12(b)(4) (insufficient process) and 12(b)(5) (insufficient service of process); and (2) the time for Defendants to respond to the Complaint is extended from January 28, 2016 to February 19, 2016 CDX Diagnostics, Inc. answer due 2/19/2016; CDx Laboritories, Inc. answer due 2/19/2016; Oral Cancer Prevention International, Inc. answer due 2/19/2016. (Signed by Judge Alvin K. Hellerstein on 1/26/2016) (tn) (Entered: 01/27/2016) | |||
| 2016-02-19 | 15 | 0 | MOTION to Dismiss . Document filed by CDX Diagnostics, Inc., CDx Laboritories, Inc., Oral Cancer Prevention International, Inc.. Responses due by 3/4/2016 Return Date set for 3/11/2016 at 09:30 AM.(Benowich, Leonard) (Entered: 02/19/2016) | |||
| 2016-02-19 | 16 | 0 | DECLARATION of Leonard Benowich in Support re: 15 MOTION to Dismiss .. Document filed by CDX Diagnostics, Inc., CDx Laboritories, Inc., Oral Cancer Prevention International, Inc.. (Attachments: # 1 Exhibit Complaint, # 2 Exhibit Loan Agreement, # 3 Exhibit Loan Agreement, # 4 Exhibit Goldstein Note, # 5 Exhibit Sherfam Note, # 6 Exhibit Pledge Agreement, # 7 Exhibit IP Security Agreement, # 8 Exhibit 2/13 Sale Agreement, # 9 Exhibit Assignment, # 10 Exhibit 6/19/13 Notice, # 11 Exhibit Forbearance Agreement, # 12 Exhibit Assignment, # 13 Exhibit 5/1/14 Notice)(Benowich, Leonard) (Entered: 02/19/2016) | |||
| 2016-02-19 | 17 | 0 | DECLARATION of Mark Rutenberg in Support re: 15 MOTION to Dismiss .. Document filed by CDX Diagnostics, Inc., CDx Laboritories, Inc., Oral Cancer Prevention International, Inc.. (Benowich, Leonard) (Entered: 02/19/2016) | |||
| 2016-02-19 | 18 | 0 | DECLARATION of William Ahdout in Support re: 15 MOTION to Dismiss .. Document filed by CDX Diagnostics, Inc., CDx Laboritories, Inc., Oral Cancer Prevention International, Inc.. (Benowich, Leonard) (Entered: 02/19/2016) | |||
| 2016-02-19 | 19 | 0 | DECLARATION of Joel Schreiber in Support re: 15 MOTION to Dismiss .. Document filed by CDX Diagnostics, Inc., CDx Laboritories, Inc., Oral Cancer Prevention International, Inc.. (Benowich, Leonard) (Entered: 02/19/2016) | |||
| 2016-02-19 | 20 | 0 | MEMORANDUM OF LAW in Support re: 15 MOTION to Dismiss . . Document filed by CDX Diagnostics, Inc., CDx Laboritories, Inc., Oral Cancer Prevention International, Inc.. (Benowich, Leonard) (Entered: 02/19/2016) | |||
| 2016-02-24 | 21 | 0 | STIPULATION. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the parties hereto that the time for Plaintiff to respond to Defendants' Motion to Dismiss dated February 19, 2016 (the "Opposition") is extended from March 4, 2016 to March 18, 2016 and the time for Defendants to reply to Plaintiff's Opposition shall be April 1, 2016. The return date shall be extended from March 11, 2016 to April 1, 2016. Neither party has previously requested an extension of time for the briefing schedule for the Motion to Dismiss. So ordered. (Responses due by 3/18/2016. Replies due by 4/1/2016.) (Signed by Judge Alvin K. Hellerstein on 2/24/2016) (rjm) (Entered: 02/24/2016) | |||
| 2016-03-03 | 22 | 0 | ORDER denying 15 Motion to DismissDefendants move to dismiss the complaint pursuant to Rule 12(b), Fed. R. Civ. P. However, the motion is based on facts outside the pleading. Upon those facts, defendants assert that plaintiff, having assigned its status, no longer has standing to sue under the Note. Thus, the motion is premature. Defendants, if so inclined and at the proper time, can move under Rule 12(c) or 56, Fed. R. Civ. P. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 03/03/2016) | |||
| 2016-03-04 | 23 | 0 | ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Leonard Benowich dated 3/4/2016 re: request that the Rule 16 Conference currently scheduled for Friday, March 25, 2016 at 10:00 AM, be adjourned sine die to a date after the Court's determination of Defendants' pending motion to dismiss the Complaint. ENDORSEMENT: The conf is adjourned to April 8, 2016, at 10:00 am. (Initial Conference set for 4/8/2016 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 3/4/2016) (tn) (Entered: 03/04/2016) | |||
| 2016-03-11 | 24 | 0 | ANSWER to 1 Complaint. Document filed by CDX Diagnostics, Inc., CDx Laboritories, Inc., Oral Cancer Prevention International, Inc..(Benowich, Leonard) (Entered: 03/11/2016) | |||
| 2016-03-11 | 25 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CDX Diagnostics, Inc., CDx Laboritories, Inc., Oral Cancer Prevention International, Inc..(Benowich, Leonard) (Entered: 03/11/2016) | |||
| 2016-03-11 | 26 | 0 | FIRST AMENDED COMPLAINT amending 1 Complaint against CDX Diagnostics, Inc., CDx Laboritories, Inc., Oral Cancer Prevention International, Inc., DW I, LLC.Document filed by Sherfam, Inc.. Related document: 1 Complaint filed by Sherfam, Inc..(Fleming, Thomas) (Entered: 03/11/2016) | |||
| 2016-03-11 | 27 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to DW I, LLC, re: 26 Amended Complaint,. Document filed by Sherfam, Inc.., REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to DW I, LLC, re: 26 Amended Complaint,. Document filed by Sherfam, Inc.. (Fleming, Thomas) (Entered: 03/11/2016) | |||
| 2016-03-14 | 28 | 0 | ELECTRONIC SUMMONS ISSUED as to DW I, LLC. (pc) (Entered: 03/14/2016) | |||
| 2016-03-15 | 29 | 0 | SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. DW I, LLC served on 3/14/2016, answer due 4/4/2016. Service was accepted by Lynanne Gares / Authorized Person. Document filed by Sherfam, Inc.. (Koevary, Jonathan) (Entered: 03/15/2016) | |||
| 2016-03-30 | 30 | 0 | AMENDED ANSWER to., COUNTERCLAIM against All Plaintiffs. Document filed by CDX Diagnostics, Inc., Oral Cancer Prevention International, Inc., CDx Laboritories, Inc.. (Benowich, Leonard) (Entered: 03/30/2016) | |||
| 2016-03-31 | 31 | 0 | NOTICE OF APPEARANCE by Martin S. Siegel on behalf of DW I, LLC. (Siegel, Martin) (Entered: 03/31/2016) | |||
| 2016-03-31 | 32 | 0 | NOTICE OF APPEARANCE by Ana-Claudia Roderick on behalf of DW I, LLC. (Roderick, Ana-Claudia) (Entered: 03/31/2016) | |||
| 2016-03-31 | 33 | 0 | LETTER MOTION for Extension of Time to File Answer re: 26 Amended Complaint, addressed to Judge Alvin K. Hellerstein from Ana-Claudia Roderick dated March 31, 2016. Document filed by DW I, LLC.(Roderick, Ana-Claudia) (Entered: 03/31/2016) | |||
| 2016-04-01 | 34 | 0 | ORDER granting 33 Letter Motion for Extension of Time to Answer: So Ordered. The conf is adjourned to May 6, 2016, 10:00 a.m. DW I, LLC answer due 4/15/2016. (Signed by Judge Alvin K. Hellerstein on 4/1/2016) (tn) (Entered: 04/01/2016) | |||
| 2016-04-15 | 35 | 0 | ANSWER to 26 Amended Complaint,., COUNTERCLAIM against Sherfam, Inc.. Document filed by DW I, LLC.(Siegel, Martin) (Entered: 04/15/2016) | |||
| 2016-05-06 | 36 | 0 | ANSWER to 35 Counterclaim. Document filed by Sherfam, Inc..(Koevary, Jonathan) (Entered: 05/06/2016) | |||
| 2016-05-20 | 37 | 0 | MOTION for Judgment on the Pleadings ., MOTION for Summary Judgment .( Responses due by 6/17/2016) Document filed by Sherfam, Inc..(Fleming, Thomas) (Entered: 05/20/2016) | |||
| 2016-05-20 | 38 | 0 | MEMORANDUM OF LAW in Support re: 37 MOTION for Judgment on the Pleadings . MOTION for Summary Judgment . . Document filed by Sherfam, Inc.. (Fleming, Thomas) (Entered: 05/20/2016) | |||
| 2016-05-20 | 39 | 0 | DECLARATION of Alex Glasenberg in Support re: 37 MOTION for Judgment on the Pleadings . MOTION for Summary Judgment .. Document filed by Sherfam, Inc.. (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)(Fleming, Thomas) (Entered: 05/20/2016) | |||
| 2016-05-20 | 40 | 0 | RULE 56.1 STATEMENT. Document filed by Sherfam, Inc.. (Fleming, Thomas) (Entered: 05/20/2016) | |||
| 2016-06-17 | 41 | 0 | DECLARATION of Mark Rutenberg in Opposition re: 37 MOTION for Judgment on the Pleadings . MOTION for Summary Judgment .. Document filed by CDX Diagnostics, Inc., CDx Laboritories, Inc., Oral Cancer Prevention International, Inc.. (Attachments: # 1 Exhibit 2/13 Sale and Assignment, # 2 Exhibit Assignment, # 3 Exhibit 12/13 Reservation of Rights, # 4 Exhibit 12/24/13 email, # 5 Exhibit 4/14 Assignment and Sale, # 6 Exhibit Assignment and Amd No. 1, # 7 Exhibit May 1, 2014 notice, # 8 Exhibit Schreiber Dec, # 9 Exhibit First Demand for Docs, # 10 Exhibit Notice to take Depo, # 11 Exhibit Subpoena-Olshan, # 12 Exhibit Subpoena-Fox)(Benowich, Leonard) (Entered: 06/17/2016) | |||
| 2016-06-17 | 42 | 0 | MEMORANDUM OF LAW in Opposition re: 37 MOTION for Judgment on the Pleadings . MOTION for Summary Judgment . . Document filed by CDX Diagnostics, Inc., CDx Laboritories, Inc., Oral Cancer Prevention International, Inc.. (Benowich, Leonard) (Entered: 06/17/2016) | |||
| 2016-06-17 | 43 | 0 | RULE 56.1 STATEMENT. Document filed by CDX Diagnostics, Inc., CDx Laboritories, Inc., Oral Cancer Prevention International, Inc.. (Benowich, Leonard) (Entered: 06/17/2016) | |||
| 2016-06-17 | 44 | 0 | COUNTER STATEMENT TO 40 Rule 56.1 Statement. Document filed by DW I, LLC. (Siegel, Martin) (Entered: 06/17/2016) | |||
| 2016-06-17 | 45 | 0 | MEMORANDUM OF LAW in Opposition re: 37 MOTION for Judgment on the Pleadings . MOTION for Summary Judgment . . Document filed by DW I, LLC. (Siegel, Martin) (Entered: 06/17/2016) | |||
| 2016-06-17 | 46 | 0 | DECLARATION of Martin S. Siegel in Opposition re: 37 MOTION for Judgment on the Pleadings . MOTION for Summary Judgment .. Document filed by DW I, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Siegel, Martin) (Entered: 06/17/2016) | |||
| 2016-06-17 | 47 | 0 | DECLARATION of Courtney A. Harris in Opposition re: 37 MOTION for Judgment on the Pleadings . MOTION for Summary Judgment .. Document filed by DW I, LLC. (Siegel, Martin) (Entered: 06/17/2016) | |||
| 2016-06-28 | 48 | 0 | REPLY MEMORANDUM OF LAW in Support re: 37 MOTION for Judgment on the Pleadings . MOTION for Summary Judgment . . Document filed by Sherfam, Inc.. (Fleming, Thomas) (Entered: 06/28/2016) | |||
| 2016-07-19 | 49 | 0 | ENDORSED LETTER addressed to Concerned Parties from Brigitte Jones dated 7/19/2016 re: You are hereby notified that you are required to appear for an oral argument on 8/15/2016 at 11:00 a.m. ENDORSEMENT: So Ordered. (Oral Argument set for 8/15/2016 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 7/19/2016) (tn) (Entered: 07/19/2016) |