New York Eastern District Court
Judge:Nina Gershon
Referred: Robert M Levy
Case #: 1:14-cv-00314
Nature of Suit899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision
Cause05:551 Administrative Procedure Act
Case Filed:Jan 15, 2014
Terminated:May 05, 2016
Last checked: Saturday Dec 06, 2014 5:35 PM EST
Defendant
United States
Represented By
William J. Gullotta
United States Attorney'S Office
contact info
Artemis Lekakis
United States Attorneys Office
contact info
Plaintiff
Jindeli Jewelry Inc.
Represented By
Russell Andrew Semmel
Neville Peterson LLP
contact info
John Michael Peterson
Neville Peterson LLP
contact info

GPO May 04 2016
OPINION & ORDER granting the government's 24 Motion to Dismiss for Failure to State a Claim. Ordered by Judge Nina Gershon on 5/4/2016. (Barrett, C)

Docket last updated: 05/17/2024 11:59 PM EDT
Wednesday, July 06, 2016
33 33 misc Transcript Wed 07/06 2:11 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/6/16, before Judge Gershon. Court Reporter/Transcriber Angela Grant, Telephone number 718-613-2605. Email address: Angela.grant207@gmail.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/27/2016. Redacted Transcript Deadline set for 8/8/2016. Release of Transcript Restriction set for 10/4/2016. (Grant, Angela)
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Thursday, May 05, 2016
32 32 order Judgment - Clerk Thu 05/05 5:01 PM
CLERK'S JUDGMENT. It is ORDERED and ADJUDGED that Plaintiff's complaint is dismissed in its entirety. Ordered by Clerk of Court, by Deputy Clerk Janet Hamilton, on 5/5/2016. (Barrett, C)
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Wednesday, May 04, 2016
31 31 order Order on Motion to Dismiss for Failure to State a Claim Wed 05/04 12:49 PM
OPINION & ORDER granting the government's24 Motion to Dismiss for Failure to State a Claim. Ordered by Judge Nina Gershon on 5/4/2016. (Barrett, C)
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Thursday, October 29, 2015
order Order on Motion to Adjourn Conference Thu 10/29 9:35 AM
ORDER granting30 Motion to Adjourn Conference. Oral argument adjourned to January 6, 2016 at 11:30 a.m.. Ordered by Judge Nina Gershon on 10/29/2015. (Joe, Victor)
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Wednesday, October 28, 2015
30 30 motion Adjourn Conference Wed 10/28 12:31 PM
Consent MOTION to Adjourn Conference /Oral Argument of Defendant's Motion to Dismiss by United States. (Lekakis, Artemis)
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Thursday, October 22, 2015
utility Set/Reset Hearings Thu 10/22 1:33 PM
Set/Reset Hearings: Oral argument set for 11/2/2015 at 11:00 AM in Courtroom 6D South before Judge Nina Gershon. (Joe, Victor)
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Thursday, May 07, 2015
29 29 respoth Reply in Support Thu 05/07 11:00 PM
REPLY in Support of Defendant's Motion to Dismiss filed by United States. (Lekakis, Artemis)
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28 28 respoth Memorandum in Opposition Thu 05/07 10:59 PM
MEMORANDUM in Opposition to Defendant's Motion to Dismiss (by Plaintiff Jindelli Jewelry) filed by United States. (Lekakis, Artemis)
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27 27 respm Affidavit/Declaration in Support of Motion Thu 05/07 10:56 PM
AFFIDAVIT/DECLARATION in Support re24 Notice of Motion to Dismiss for Failure to State a Claim (Declaration of Frank C. Sharp) filed by United States. (Lekakis, Artemis)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E,
Att: 6 Exhibit F,
Att: 7 Exhibit G,
Att: 8 Exhibit H,
Att: 9 Exhibit I,
Att: 10 Exhibit J,
Att: 11 Exhibit K,
Att: 12 Exhibit L,
Att: 13 Exhibit M,
Att: 14 Exhibit N,
Att: 15 Exhibit O,
Att: 16 Exhibit P,
Att: 17 Exhibit Q,
Att: 18 Exhibit R
26 26 respm Affidavit/Declaration in Support of Motion Thu 05/07 10:47 PM
AFFIDAVIT/DECLARATION in Support re24 Notice of Motion to Dismiss for Failure to State a Claim filed by United States. (Lekakis, Artemis)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E
25 25 respoth Memorandum in Support Thu 05/07 10:37 PM
MEMORANDUM in Support of Defendant's Motion To Dismiss filed by United States. (Lekakis, Artemis)
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24 24 motion Dismiss for Failure to State a Claim Thu 05/07 10:31 PM
Notice of Motion to Dismiss for Failure to State a Claim by United States. (Lekakis, Artemis)
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23 23 misc Letter Thu 05/07 10:27 PM
Letter enclosing courtesy copies of motion papers for Defendant's motion to dismiss by United States (Lekakis, Artemis)
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Friday, April 24, 2015
22 22 misc Letter Fri 04/24 7:12 PM
Letter to plaintiff enclosing Reply Memorandum of Law In Support of Defendant's Motion to Dismiss by United States (Lekakis, Artemis)
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Thursday, April 02, 2015
21 21 order Order on Motion for Extension of Time to File Response/Reply Thu 04/02 2:19 PM
ORDER granting20 Motion for Extension of Time to File Response/Reply. Defendant's reply papers shall be served by 4/24/2015. Ordered by Judge Nina Gershon on 4/2/2015. (Alinikoff, Miriam)
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Wednesday, April 01, 2015
20 20 motion Extension of Time to File Response/Reply Wed 04/01 4:31 PM
Consent MOTION for Extension of Time to File Response/Reply in Support of Defendant's Motion to Dismiss by United States. (Lekakis, Artemis)
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Friday, March 06, 2015
19 19 misc Letter Fri 03/06 6:13 PM
Letter from Plaintiff Jindeli Jewelry Inc to Defendant United States enclosing Plaintiffs Memorandum of Law in Opposition to Defendants Motion To Dismiss by Jindeli Jewelry Inc. (Peterson, John)
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Thursday, February 26, 2015
18 18 motion Extension of Time to File Response/Reply Thu 02/26 3:54 PM
MOTION for Extension of Time to File Response/Reply by Jindeli Jewelry Inc.. (Peterson, John)
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minutes Settlement Conference Thu 02/26 1:04 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Richard O'Neill, Artemis Lekakis. Settlement discussions held. Plaintiff may seek an extension of the briefing schedule to permit further exploration of the issues raised at this conference.Settlement Conference held on 2/26/2015 (Levy, Robert)
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order Order on Motion for Extension of Time to File Response/Reply Thu 02/26 5:05 PM
ORDER granting18 Motion for Extension of Time to File Response/Reply. Plaintiff's response shall be served by 3/6/15. Defendant's reply papers to be served by 4/3/15. Ordered by Judge Nina Gershon on 2/26/2015. (Alinikoff, Miriam)
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Wednesday, February 25, 2015
order Scheduling Order Wed 02/25 4:10 PM
SCHEDULING ORDER: A telephone conference is scheduled for February 26, 2015 at 12:00 p.m., before the Hon. Robert M. Levy, USMJ at (718) 613-2340. Ordered by Magistrate Judge Robert M. Levy on 2/25/2015. (Marino, Janine)
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Wednesday, February 04, 2015
order Order on Motion for Extension of Time to File Response/Reply Wed 02/04 1:07 PM
ORDER granting17 Motion for Extension of Time to File Response/Reply. Plaintiff's response to be served by 2/27/15. Defendant's reply to be served 3/27/15. Ordered by Judge Nina Gershon on 2/4/2015. (Alinikoff, Miriam)
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Tuesday, February 03, 2015
17 17 motion Extension of Time to File Response/Reply Tue 02/03 5:14 PM
MOTION for Extension of Time to File Response/Reply by Jindeli Jewelry Inc.. (Peterson, John)
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Friday, December 19, 2014
16 16 misc Letter Fri 12/19 9:16 PM
Letter from defendant United States to plaintiff Jindeli Jewelry enclosing notice of motion, memorandum of law and declarations in support of defendant's motion to dismiss by United States (Lekakis, Artemis)
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Friday, November 21, 2014
15 15 order Order(Other) Fri 11/21 3:05 PM
ORDER: Rather than require that the parties attend a pre-motion conference regarding defendant's intention to file a motion to dismiss the complaint pursuant to Rule 12(b)(6), the court hereby endorses the agreed-upon briefing schedule previously submitted to the court: (i) defendant shall serve its motion by December 19, 2014; (ii) plaintiff shall serve any opposition to the motion by February 6, 2015; and (iii) defendant shall serve any reply in further support of its motion, and the fully-briefed motion shall thereafter be filed with the Court, by February 27, 2015. Additionally, the parties are directed to confer with Magistrate Judge Levy to attempt to resolve this case. Ordered by Judge Nina Gershon on 11/21/2014. (Fernandez, Erica)
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Wednesday, November 19, 2014
14 14 misc Letter Wed 11/19 1:41 PM
Letter Response to Defendant's Pre-Motion Conference Letter by Jindeli Jewelry Inc. (Peterson, John)
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Friday, October 31, 2014
13 13 Letter MOTION for pre motion conference with proposed briefing schedule on consent by United States. (Lekakis, Artemis)
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Tuesday, October 28, 2014
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Richard O'Neill, Russell Semmel. On consent, defendant's time to answer or move is extended to 10/31/14 for the purpose of submitting a pre-motion conference letter to Judge Gershon. Initial Conference Hearing held on 10/28/2014 (Levy, Robert)
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Monday, September 29, 2014
ORDER granting12 Motion for Extension of Time to File Answer to 10/28/14, to enable defendant's incoming counsel to familiarize himself with the case. The initial conference scheduled for 10/14/14 is adjourned to 10/28/14 at 2:30. Ordered by Magistrate Judge Robert M. Levy on 9/29/2014. (Levy, Robert)
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Friday, September 26, 2014
12 12 MOTION for Extension of Time to File Response/Reply to Complaint by United States. (Lekakis, Artemis)
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Monday, September 15, 2014
ORDER: The conference scheduled for September 15, 2014 is adjourned to October 14, 2014 at 2:15 p.m., before the Hon. Robert M. Levy, USMJ in Courtroom 11-B. Ordered by Magistrate Judge Robert M. Levy on 9/15/2014. (Marino, Janine)
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Friday, September 12, 2014
11 11 NOTICE of Appearance by Russell Andrew Semmel on behalf of Jindeli Jewelry Inc. (aty to be noticed) (Semmel, Russell)
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Monday, September 08, 2014
ORDER granting10 Motion for Extension of Time to Answer All Defendants.. Ordered by Magistrate Judge Robert M. Levy on 9/8/2014. (Levy, Robert)
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Friday, August 29, 2014
10 10 MOTION for Extension of Time to File Answer re1 Complaint by United States. (Gullotta, William)
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Wednesday, August 20, 2014
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Plaintiff's counsel did not appear (as defendant's time has been extended to 8/31/14); Bill Gullotta. Initial conference adjourned to 9/15/14 at 3:45.Initial Conference Hearing held on 8/20/2014 (Levy, Robert)
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Friday, July 25, 2014
9 9 ENDORSED ORDER ON DOCUMENT #8, granting8 Motion for Extension of Time to Answer. United States answer due 8/31/2014. (Ordered by Judge Nina Gershon on 7/23/2014) (Galeano, Sonia)
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Wednesday, July 16, 2014
8 8 Second MOTION for Extension of Time to File Answer re1 Complaint by United States. (Gullotta, William)
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Thursday, May 22, 2014
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: All counsel present. Defendant's answer is due 7/17/14. Next status conference 8/20/14 at 2:30 p.m. (in person). The court adopts the deadlines agreed to in the initial conference questionnaire, with the understanding that the schedule may be revised at the 8/20 conference. Initial Telephone Conference held on 5/22/2014. (Marino, Janine)
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Wednesday, May 21, 2014
7 7 ATTORNEY QUESTIONNAIRES (Peterson, John)
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Monday, May 19, 2014
ORDER granting6 Motion for Extension of Time to Answer United States answer due 7/17/2014. Ordered by Magistrate Judge Robert M. Levy on 5/19/2014. (Marino, Janine)
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Thursday, May 15, 2014
6 6 First MOTION for Extension of Time to File Answer re1 Complaint by United States. (Gullotta, William)
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Tuesday, May 13, 2014
ORDER: The initial conference scheduled for May 22, 2014 at 12:00 p.m. has been changed to a telephone conference. Plaintiff's counsel is directed to initiate the conference call and confirm with defendant's counsel that all necessary participants are aware of scheduled conference. Ordered by Magistrate Judge Robert M. Levy on 5/13/2014. (Marino, Janine)
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Friday, March 28, 2014
ORDER granting3 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Robert M. Levy on 3/28/2014. (Levy, Robert)
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Thursday, March 27, 2014
5 5 ORDER: An initial conference has been scheduled for May 22, 2014 at 12:00 p.m., before the Honorable Robert M. Levy, United States Magistrate Judge at 225 Cadman Plaza East, Brooklyn, New York. Parties are directed to check-in with chambers, Room 1223-S, upon arrival. All counsel must be present. Plaintiff's counsel is directed to confirm with defendant's counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 3/27/2014. (Marino, Janine)
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Tuesday, February 18, 2014
4 4 Summons Issued as to United States, U.S. Attorney and U.S. Attorney General (Riquelme, Claudia)
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Tuesday, February 11, 2014
3 3 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6725292. by Jindeli Jewelry Inc.. (Peterson, John)
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Att: 1 Proposed Order
Friday, January 31, 2014
FILING FEE: $ 400, receipt number 4653069695 (Davis, Kimberly)
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Thursday, January 16, 2014
2 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly)
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The case of Jindeli Jewelry Inc. v. United States , has been opened in the Eastern District of New York. The case number is 14-cv-314 . PLEASE NOTE: You must pay the case filing fee within seven (7) days . Select the event (Civil Case Filing Fee) and pay online. (Davis, Kimberly)
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Wednesday, January 15, 2014
1 1 COMPLAINT against United States, filed by Jindeli Jewelry Inc.. (Davis, Kimberly) (Davis, Kimberly).
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Att: 1 Civil Cover Sheet
Att: 2 (1/31/2014) Exhibit