New York Western District Court
Judge:John L Sinatra, Jr
Referred: Leslie G Foschio
Case #: 1:24-cv-01164
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-Breach of Contract
Case Filed:Dec 02, 2024
Last checked: Thursday Jan 16, 2025 4:21 AM EST
Defendant
Motus, LLC
Represented By
Maria Amelia Calaf
Botkin Chiarello Calaf PLLC
contact info
Jacob S. Sonner
Phillips Lytle Llp (buffalo)
contact info
Plaintiff
Sonic E-Learning Inc.
Represented By
Kenneth W. Africano
Harter, Secrest And Emery Llp (buf)
contact info
Ryan C. Altieri
Harter Secrest & Emery LLP
contact info


Docket last updated: 2 hours ago
Thursday, April 17, 2025
25 25 adr Stipulation-Selection of Mediator Thu 04/17 4:13 PM
Stipulation-Selection of Mediator by Sonic E-Learning Inc.(Altieri, Ryan)
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Wednesday, April 16, 2025
24 24 answer Answer to Counterclaim Wed 04/16 3:54 PM
ANSWER to23 Answer to Complaint (Notice of Removal), Counterclaim Answer to Counterclaims by Sonic E-Learning Inc..(Altieri, Ryan)
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Wednesday, April 02, 2025
23 23 cmp Counterclaim Answer to Complaint (Notice of Removal) Wed 04/02 4:18 PM
Defendant's ANSWER to Complaint (Notice of Removal) , Affirmative Defenses , COUNTERCLAIM against Sonic E-Learning Inc. by Motus, LLC.(Sonner, Jacob)
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Att: 1 Exhibit A
Friday, March 21, 2025
22 22 order Scheduling Order Fri 03/21 11:21 AM
SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Mandatory Disclosures due by 4/1/2025. Motions to Join Parties/Amend Pleadings due by 4/2/2025. Stipulation of Selection of Mediator due by 4/18/2025. First Mediation Session due by 6/13/2025. Discovery completed by 9/19/2025. Motions to Compel Discovery due by 10/3/2025. Plaintiff Expert Witness ID due by 9/26/2025. Defendant Expert Witness ID due by 10/3/2025. Dispositive Motions due by 3/12/2026. Mediation sessions may continue until 4/10/2026. Signed by Hon. Leslie G. Foschio on 3/21/2025. (SDW)
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Wednesday, March 19, 2025
21 21 cmp Amended Complaint Wed 03/19 4:41 PM
AMENDED COMPLAINT against Motus, LLC, filed by Sonic E-Learning Inc..(Altieri, Ryan)
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Att: 1 Exhibit A- Agreement,
Att: 2 Certificate of Service
20 20 answer Answer to Counterclaim Wed 03/19 4:25 PM
ANSWER to16 Amended Answer to Complaint, Counterclaim Answer to Counterclaims by Sonic E-Learning Inc..(Altieri, Ryan)
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Att: 1 Certificate of Service
19 19 misc Corporate Disclosure Statement Wed 03/19 12:11 PM
Corporate Disclosure Statement by Sonic E-Learning Inc.. (Altieri, Ryan)
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Monday, March 17, 2025
18 18 misc Report of Rule 26(f) Planning Meeting Mon 03/17 5:13 PM
REPORT of Rule 26(f) Planning Meeting.(Sonner, Jacob)
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Att: 1 Exhibit A - Proposed Case Management Order
Thursday, February 27, 2025
17 17 notice Notice of Appearance Thu 02/27 4:19 PM
NOTICE of Appearance by Michael J Berchou on behalf of Sonic E-Learning Inc. (Berchou, Michael)
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Wednesday, February 26, 2025
16 16 cmp Counterclaim Amended Answer to Complaint Wed 02/26 9:42 AM
AMENDED ANSWER to Plaintiff's Complaint, Affirmative Defenses , COUNTERCLAIM against Sonic E-Learning Inc. by Motus, LLC.(Sonner, Jacob)
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Att: 1 Exhibit A - Reseller Terms and Conditions
Thursday, February 13, 2025
15 15 7 pgs order Order ~Util - Set Deadlines Thu 02/13 2:11 PM
ORDER. Each party, including any party appearing for themselves without counsel, shall provide to the court, either jointly or separately, a proposed case management order not later than 3/18/2025 for the purpose of entry of a case management order as required by Fed.R.Civ.P. 16(b). Upon receipt of the proposed case management orders, a Scheduling Order will be prepared and filed by the court. Signed by Hon. Leslie G. Foschio on 2/13/2025. (SDW)
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Tuesday, February 11, 2025
14 14 order Order Referring Case to Magistrate Judge Tue 02/11 10:33 AM
TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Leslie G. Foschio, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 2/11/2025. (KLH)
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Monday, February 10, 2025
13 13 answer Answer to Complaint Mon 02/10 2:17 PM
ANSWER to Complaint and Affirmative Defenses by Motus, LLC.(Sonner, Jacob)
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Friday, January 10, 2025
12 12 order Text Order ~Util - Terminate Motions Fri 01/10 10:30 AM
TEXT ORDER granting Defendant's11 motion for an extension of time to respond to the Complaint. Defendant shall file a response by 2/10/2025. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 1/10/2025. (JMS)
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Thursday, January 09, 2025
11 11 motion Extension of Time to File Answer Thu 01/09 9:52 AM
MOTION for Extension of Time to File Answer or Otherwise Respond by Motus, LLC.(Sonner, Jacob)
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Att: 1 Unopposed Motion to Extend Time to Answer or Otherwise Respond
Friday, December 20, 2024
10 10 notice Notice of Appearance Fri 12/20 1:00 PM
NOTICE of Appearance by Ryan C. Altieri on behalf of Sonic E-Learning Inc. (Altieri, Ryan)
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9 9 order Text Order ~Util - Terminate Motions Fri 12/20 12:08 PM
TEXT ORDER granting Defendant's8 motion for an extension of time to respond to the Complaint. Defendant shall file a response by 1/10/2025. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 12/20/2024. (JMS)
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Thursday, December 19, 2024
8 8 motion Extension of Time to File Answer Thu 12/19 9:15 AM
MOTION for Extension of Time to File Answer by Motus, LLC.(Sonner, Jacob)
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Att: 1 Unopposed Motion to Extend Time to Answer or Otherwise Respond
Monday, December 09, 2024
7 7 order Text Order ~Util - Terminate Motions Mon 12/09 11:40 AM
TEXT ORDER granting Defendant's6 motion for an extension of time to respond to the Complaint. Defendant shall file a response by 12/20/2024. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 12/9/2024. (JMS)
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Friday, December 06, 2024
6 6 motion Extension of Time to File Answer Fri 12/06 10:03 AM
MOTION for Extension of Time to File Answer by Motus, LLC.(Sonner, Jacob)
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Att: 1 Unopposed Motion to Extend Time to Answer or Otherwise Respond
Wednesday, December 04, 2024
5 5 order Order on Motion for Pro Hac Vice Wed 12/04 4:27 PM
ORDER granting4 Motion to Appear Pro Hac Vice for Maria Calaf. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 12/4/2024. (JMS)
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utility Remark Wed 12/04 1:11 PM
ATTENTION ALL PARTIES OR INTERVENORS: Pursuant to Fed. R. Civ. P. 7.1 and/or General Order No. 157 In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed with first appearance, pleading, petition, motion, response, or other request addressed to the court. (KM)
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Tuesday, December 03, 2024
utility Case Assigned/Reassigned Tue 12/03 12:33 PM
Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK)
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adr Automatic Referral to Mediation Tue 12/03 12:34 PM
AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's[LINK:ADR webpage] and/or contact the Court's ADR Administrator at[LINK:adrprogram@nywd.uscourts.gov] . Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the [LINK:ADR Plan] and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan. (TMK)
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notice Notice of Availability of Magistrate Judge Tue 12/03 12:35 PM
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at[LINK:http://www.uscourts.gov/services-forms/forms] . (TMK)
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Monday, December 02, 2024
4 4 motion Appear Pro Hac Vice Mon 12/02 3:38 PM
MOTION to appear pro hac vice for Maria Calaf ( Filing fee $ 200 receipt number ANYWDC-5344526.) by Motus, LLC.(Sonner, Jacob)
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Att: 1 Maria Calaf Admission Petition,
Att: 2 Sponsor Affidavit,
Att: 3 Attorney's Oath,
Att: 4 Civility Principles and Guidelines Oath,
Att: 5 Attorney Database and Electronic Case Filing Registration Form
3 3 service Certificate of Service Mon 12/02 10:47 AM
CERTIFICATE OF SERVICE by Motus, LLC re2 Corporate Disclosure Statement,1 Notice of Removal, (Sonner, Jacob)
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2 2 misc Corporate Disclosure Statement Mon 12/02 10:46 AM
Corporate Disclosure Statement by Motus, LLC identifying Corporate Parent Motus Operations, LLC for Motus, LLC.. (Sonner, Jacob)
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1 1 notice Notice of Removal Mon 12/02 10:43 AM
NOTICE OF REMOVAL by Motus, LLC from Erie County Supreme Court, case number 813961/2024. (Filing fee $ 405 receipt number ANYWDC-5343802), filed by Motus, LLC.(Sonner, Jacob)
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Att: 1 Exhibit A - State Court Record,
Att: 2 Civil Cover Sheet