Hobby Lobby Stores Inc. v. Obbink (1:21-cv-03113), New York Eastern District Court

Hobby Lobby Stores Inc. v. Obbink

New York Eastern District Court
Judge:	Rachel P Kovner
Referred:	Marcia M Henry
Case #:	1:21-cv-03113
Nature of Suit	190 Contract - Other Contract
Cause	28:1332 Diversity-Breach of Contract

Case Filed:	Jun 02, 2021
Terminated:	Oct 04, 2023

Last checked: Monday Nov 29, 2021 5:02 AM EST

Defendant Dirk D. Obbink
Plaintiff Hobby Lobby Stores Inc. 7707 SW 44th Street Oklahoma City, OK 73139	Represented By Michael Joseph McCullough Pearlstein & Mccullough LLP contact info

GPO Sep 23 2023
ORDER granting 15: Plaintiff's motion to transfer venue is granted. See attached for details.The Clerk of Court is respectfully directed to transfer this case to the United States District Court for the Western District of Oklahoma within seven days of the date of this Order, pursuant to Local Civil Rule 83.1. Plaintiff shall mail a copy of this Order to Defendant and shall file proof of service forthwith.So Ordered by Magistrate Judge Marcia M. Henry on 09/23/2023. (MY)

Docket last updated: 04/25/2024 11:59 PM EDT

Thursday, October 05, 2023
		utility Transfer Case Opened Thu 10/05 12:16 PM Case transferred from New York Eastern has been opened in Western District of Oklahoma[LIVE] as case 5:23-cv-00879, filed 10/04/2023. (TLH) Related: [-]
Wednesday, October 04, 2023
		transfer Case Transferred Out - District Transfer Wed 10/04 1:35 PM Case transferred to District of Western District of Oklahoma. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. Ordered by Magistrate Judge Marcia M. Henry on 10/4/2023. (IH) Related: [-]
Monday, September 25, 2023
22		22 service Certificate of Service Mon 09/25 5:33 PM CERTIFICATE OF SERVICE by Hobby Lobby Stores Inc. for Memorandum and Order (McCullough, Michael) Related: [-]
Saturday, September 23, 2023
21		21 10 pgs order Order on Motion to Change Venue Sat 09/23 6:29 PM ORDER granting 15 : Plaintiff's motion to transfer venue is granted . See attached for details. The Clerk of Court is respectfully directed to transfer this case to the United States District Court for the Western District of Oklahoma within seven days of the date of this Order, pursuant to Local Civil Rule 83.1. Plaintiff shall mail a copy of this Order to Defendant and shall file proof of service forthwith. So Ordered by Magistrate Judge Marcia M. Henry on 09/23/2023. (MY) Related: [-]
Wednesday, January 11, 2023
		order Order Referring Motion Wed 01/11 11:39 AM ORDER REFERRING MOTION: Defendant's response to plaintiff's motion to change venue was due 12/28/2022, but was not filed by that date. To date, defendant has not appeared in this action. Accordingly, the Court deems the15 motion to change venue fully briefed. The15 motion to change venue is respectfully referred to Magistrate Judge Henry. Ordered by Judge Rachel P. Kovner on 1/11/2023. (SDC) Related: [-]
Tuesday, January 10, 2023
20		20 1 pgs misc Letter Tue 01/10 2:38 PM Letter Re: Motion to Change Venue by Hobby Lobby Stores Inc. (McCullough, Michael) Related: [-]
19		19 service Affidavit of Service Tue 01/10 2:35 PM AFFIDAVIT of Service for Motion to Change Venue served on Dirk D. Obbink on November 25, 2022, filed by Hobby Lobby Stores Inc.. (McCullough, Michael) Related: [-]
18		18 14 pgs respoth Memorandum in Support Tue 01/10 2:32 PM MEMORANDUM in Support re15 MOTION to Change Venue filed by Hobby Lobby Stores Inc.. (McCullough, Michael) Related: [-]
17		17 2 pgs respm Affidavit/Declaration in Support of Motion Tue 01/10 2:30 PM AFFIDAVIT/DECLARATION in Support re15 MOTION to Change Venue by Michael McCullough filed by Hobby Lobby Stores Inc.. (McCullough, Michael) Related: [-]
		Att: 1 11 pgs Appendix Draft Amended Complaint
16		16 3 pgs respm Affidavit/Declaration in Support of Motion Tue 01/10 2:28 PM AFFIDAVIT/DECLARATION in Support re15 MOTION to Change Venue by Steve Green filed by Hobby Lobby Stores Inc.. (McCullough, Michael) Related: [-]
15		15 1 pgs motion Change Venue Tue 01/10 2:23 PM MOTION to Change Venue by Hobby Lobby Stores Inc.. (McCullough, Michael) Related: [-]
Monday, October 31, 2022
		order Order(Other) Mon 10/31 2:17 PM ORDER: The request for pre-motion conference at14 is denied. The Court has determined that a pre-motion conference is unnecessary. Plaintiff may serve its motion to transfer on defendant by 11/28/2022 (but the motion shall not be filed on the docket at that time). Defendant may serve a response on plaintiff by 12/28/2022 (but the response shall not be filed on the docket at that time). Plaintiff may serve on defendant a reply, if any, by 1/11/2023. The parties shall file all documents associated with the fully-briefed motion with the Court by 1/11/2023. See Judge Kovner's Individual Rules IV.B. Ordered by Judge Rachel P. Kovner on 10/28/2022. (de Carvalho, Simon) Related: [-]
Thursday, July 28, 2022
14		14 3 pgs misc Letter Thu 07/28 6:35 PM Letter Requesting Pre-Motion Conference by Hobby Lobby Stores Inc. (McCullough, Michael) Related: [-]
Friday, July 22, 2022
		order Order Adopting Report and Recommendations Order on Motion for Default Judgment Order on Report and Recommendations Fri 07/22 10:55 AM ORDER ADOPTING REPORT AND RECOMMENDATION: For the reasons stated in Magistrate Judge Henry's July 21, 2022 Report & Recommendation, plaintiff is granted leave to file an amended complaint, and plaintiff's motions for default judgment at10 and11 are denied as moot. Ordered by Judge Rachel P. Kovner on 7/22/2022. (Andrews, Stephen) Related: [-]
Thursday, July 21, 2022
		motion Report and Recommendations Thu 07/21 11:23 AM REPORT & RECOMMENDATION : For the reasons stated on the record at the 06/30/2022 motion hearing. I respectfully recommend that the motions for default judgment at10 and11 be denied as moot and that Plaintiff be granted leave to file an amended complaint. Specifically, Plaintiff stated its intention to withdraw the motions and to amend the Complaint to address several deficiencies. ( See 06/30/2022 Tr., ECF No. 13 at 6:1-12.) Among other things, an amended complaint would include sufficient allegations of personal jurisdiction over the Defendant and venue in this district, as well as pleading fraud with particularity. (06/30/2022 Tr., ECF No. 13 at 5:4-19; 6:20-8:24; 9:23-10:23.) "In the ordinary course, the Federal Rules of Civil Procedure provide that courts 'should freely give leave' to amend a complaint 'when justice so requires.'" Williams v. Citigroup Inc. , 659 F.3d 208, 212 (2d Cir. 2011) (citing Fed. R. Civ. P. 15(a)(2)). I therefore respectfully recommend that the Court deny the motions for default judgment at ECF Nos. 10 and 11 as moot and grant Plaintiff leave to amend the Complaint. So Ordered by Magistrate Judge Marcia M. Henry on 07/21/2022. (Gans, Courtney) Related: [-]
Wednesday, July 13, 2022
13		13 13 pgs misc Transcript Wed 07/13 8:48 AM TRANSCRIPT of Proceedings held on June 30, 2022, before Judge Henry. Court Transcriber: Fiore Reporting and Transcription Service, Inc. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court 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 8/3/2022. Redacted Transcript Deadline set for 8/13/2022. Release of Transcript Restriction set for 10/11/2022. (Rocco, Christine) Related: [-]
Tuesday, June 28, 2022
12		12 1 pgs notice Notice of Appearance Tue 06/28 6:31 PM NOTICE of Appearance by Anju Uchima on behalf of All Plaintiffs (aty to be noticed) (Uchima, Anju) Related: [-]
Monday, June 20, 2022
11		11 13 pgs motion Default Judgment Mon 06/20 6:18 PM MOTION for Default Judgment Memorandum of Law by Hobby Lobby Stores Inc.. (McCullough, Michael) Related: [-]
Thursday, June 02, 2022
		order Scheduling Order Thu 06/02 10:42 PM SCHEDULING ORDER: A telephone motion hearing to discuss10 is scheduled for 06/30/2022 at 4:00PM before Magistrate Judge Marcia M. Henry. All counsel must attend. The parties are directed to call the toll-free number 888-808-6929 . The access code is 9281384 . The parties shall dial in five (5) minutes before the conference. The Court has reviewed the Plaintiff's motion for default judgment. As an initial matter, Plaintiff failed to include a memorandum of law in its motion papers "setting for the cases and other authorities relied upon in support of the motion." Local Civ. R. 7.1(a)(2). Plaintiff further failed to "append to the application: (1) the Clerk's certificate of default, [and] (2) a copy of the claim to which no response has been made[.]" Local Civ. R. 55.2(b)(1), (b)(2). Accordingly, by 06/20/222, Plaintiff is directed to file a memorandum of law (not to exceed 20 pages) in support of its motion for default judgment addressing the legal basis for the requested relief, including: (1) why the Court has personal jurisdiction over Defendant; (2) why venue in this district is proper; (3) why service of the summons and the Complaint was proper; (4) whether the Complaint pleads fraud with particularity in accordance with Fed. R. Civ. P. 9(b); and (5) whether the Complaint adequately pleads parallel fraud and breach of contract claims. See BJB Ltd. v. iStar Jewelry LLC, 533 F. Supp. 3d 83, 102 (E.D.N.Y. 2021). In the alternative, by 06/20/222 , Plaintiff may file a letter indicating whether it will withdraw its motion for default judgment at 10 and instead amend the Complaint, serve the amended complaint, and amend and re-file its motion for default judgment. So Ordered by Magistrate Judge Marcia M. Henry on 06/02/2022. (Castro, Ricardo) Related: [-]
Thursday, December 23, 2021
		order Order Referring Motion Thu 12/23 12:13 PM ORDER REFERRING MOTION: The motion for default judgment at10 is respectfully referred to Magistrate Judge Henry. Ordered by Judge Rachel P. Kovner on 12/22/2021. (Andrews, Stephen) Related: [-]
Tuesday, December 21, 2021
10		10 3 pgs motion Default Judgment Tue 12/21 11:20 AM First MOTION for Default Judgment by Hobby Lobby Stores Inc.. (McCullough, Michael) Related: [-]
		Att: 1 Affidavit
Tuesday, November 30, 2021
9		9 1 pgs order Clerks Entry of Default Tue 11/30 9:15 AM Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Dirk D. Obbink has failed to appear or otherwise defend this action, the default of defendant Dirk D. Obbink is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) Related: [-]
Thursday, November 18, 2021
8		8 1 pgs misc Request for Certificate of Default Thu 11/18 8:05 AM Request for Certificate of Default by Hobby Lobby Stores Inc. (McCullough, Michael) Related: [-]
		Att: 1 1 pgs Exhibit Proposed Certificate of Default,
		Att: 2 1 pgs Exhibit Certification of Service,
		Att: 3 3 pgs Exhibit Attorney Affirmation,
		Att: 4 5 pgs Exhibit Exhibit A to Attorney Affirmation
Monday, September 13, 2021
7		7 2 pgs misc Letter Mon 09/13 11:54 AM Letter to Judge Kovner in response to Order of September 7, 2021 by Hobby Lobby Stores Inc. (McCullough, Michael) Related: [-]
		Att: 1 36 pgs Exhibit
Sunday, September 12, 2021
6		6 35 pgs service Summons Returned Executed Sun 09/12 9:26 PM SUMMONS Returned Executed by Hobby Lobby Stores Inc.. Dirk D. Obbink served on 9/7/2021, answer due 9/28/2021. (McCullough, Michael) Related: [-]
Tuesday, September 07, 2021
		order Order(Other) Tue 09/07 5:10 PM ORDER: The1 complaint in this case was filed on 6/2/2021. Under Federal Rule of Civil Procedure 4(m), plaintiff was required to serve defendant by 8/31/2021. By 9/15/2021, plaintiff is directed to file proof that service was timely effected or a status report showing good cause why such service has not been made. Failure to do so may result in dismissal of this case for failure to serve under Rule 4(m) or failure to prosecute under Rule 41. Ordered by Judge Rachel P. Kovner on 9/7/2021. (SK) Related: [-]
Wednesday, June 02, 2021
5		5 1 pgs misc Quality Control Check - Attorney Case Opening Wed 06/02 1:57 PM This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) Related: [-]
4		4 2 pgs misc Clerks Notice of Rule 73 Wed 06/02 1:55 PM 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:[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. (Bowens, Priscilla) Related: [-]
3		3 1 pgs service Summons Issued Wed 06/02 1:55 PM Summons Issued as to Dirk D. Obbink. (Bowens, Priscilla) Related: [-]
2		2 2 pgs misc Proposed Summons/Civil Cover Sheet Wed 06/02 1:21 PM Civil Cover Sheet.. Re1 Complaint, by Hobby Lobby Stores Inc. (McCullough, Michael) Related: [-]
1		1 10 pgs cmp Complaint Wed 06/02 11:53 AM COMPLAINT against Dirk D. Obbink filing fee $ 402, receipt number ANYEDC-14528380 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Hobby Lobby Stores Inc.. (McCullough, Michael) Related: [-]
		Att: 1 2 pgs Civil Cover Sheet,
		Att: 2 1 pgs Proposed Summons
		notice Notice: Re: Incomplete Civil Cover Sheet Wed 06/02 12:53 PM Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions * INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY* section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla) Related: [-]
		utility Case Assigned/Reassigned Wed 06/02 1:53 PM Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Marcia M. Henry. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) Related: [-]

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