Orchard Yarn and Thread Co., Inc. v. H.A. Kidd and Company Limited et al

New York Southern District Court
Judge:Dale E Ho
Referred: Sarah Netburn
Case #: 1:25-cv-00321
Nature of Suit190 Contract - Other Contract
Cause15:294 Breach of Contract
Case Filed:Jan 13, 2025
Last checked: Thursday Feb 27, 2025 5:00 AM EST
Defendant
H.A. Kidd 3 PL Incorporated
Defendant
H.A. Kidd and Company Limited
Plaintiff
Orchard Yarn and Thread Co., Inc.
Represented By
Boris Peyzner
Mandelbaum Barrett P.C.
contact info


Docket last updated: 6 hours ago
Friday, April 18, 2025
13 13 1 pgs order Order Fri 04/18 5:31 PM
ORDER: Plaintiff shall file a letter with the Court no later than Monday, May 19, 2025, regarding the status of settlement or file proof of service of the summonses and complaint on Defendants. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 4/18/2025) (dsh)
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Thursday, April 17, 2025
12 12 misc Status Report Thu 04/17 12:21 PM
STATUS REPORT. to Hon. Sarah Netburn Document filed by Orchard Yarn and Thread Co., Inc...(Peyzner, Boris)
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Tuesday, April 15, 2025
11 11 1 pgs order Order Tue 04/15 3:58 PM
ORDER: On February 4, 2025, the Court granted leave for Plaintiff to serve Defendants by registered mail pursuant to the Hague Convention. ECF No. 10. Plaintiff is ORDERED to file a letter no later than Monday, April 21, 2025, updating the Court on the status of service on Defendants. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 4/15/2025) (dsh)
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Tuesday, February 04, 2025
10 10 1 pgs order Order on Motion to Serve Tue 02/04 2:00 PM
ORDER granting in part and denying in part9 Motion to Serve. On January 30, 2025, Plaintiff filed a motion for leave to serve Defendants by alternative means. ECF No. 9. Defendants are Canadian entities. Plaintiff requests to serve the summonses and complaint on Defendants by email to their counsel or by registered mail pursuant to Federal Rules of Civil Procedure 4(f)(1) and 4(h)(2) as well as Article 10(a) of the Hague Convention. Plaintiff's motion is GRANTED IN PART only to permit service of the summonses and complaint by registered mail, but not by email to Defendants' counsel. Service by registered mail complies with the Hague Convention. See Heredia v. Transport S.A.S., Inc., 101 F. Supp. 2d 158, 161 (Canada does not object to service by postal channels... Thus, service by registered mail in Quebec is adequate service under the Convention.). The Clerk of Court is respectfully directed to terminate the motion at ECF No. 9. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 2/4/2025) (dsh)
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Thursday, January 30, 2025
9 9 motion Serve Thu 01/30 11:24 AM
FIRST MOTION to Serve by Alternate Means . Document filed by Orchard Yarn and Thread Co., Inc...(Peyzner, Boris)
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Att: 1 Supplement Memorandum of Law,
Att: 2 Supplement Declaration of Arthur D. Grossman with Exhibits
Tuesday, January 14, 2025
8 8 1 pgs order Order Referring Case to Magistrate Judge Tue 01/14 3:29 PM
ORDER OF REFERENCE TO A 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 Sarah Netburn. SO ORDERED (Signed by Judge Dale E. Ho on 1/14/2025) (ks)
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7 7 misc Civil Cover Sheet Tue 01/14 11:41 AM
CIVIL COVER SHEET filed..(Peyzner, Boris)
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6 6 service Summons Issued Tue 01/14 10:59 AM
ELECTRONIC SUMMONS ISSUED as to H.A. Kidd and Company Limited..(jgo)
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5 5 service Summons Issued Tue 01/14 10:58 AM
ELECTRONIC SUMMONS ISSUED as to H.A. Kidd 3 PL Incorporated..(jgo)
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misc Notice to Attorney Regarding Deficient Civil Cover Sheet Tue 01/14 10:52 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Boris Peyzner to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF was not properly signed by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 4, 2024. The S.D.N.Y. Civil Cover Sheet dated December 4, 2024 is located at http://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (jgo)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Tue 01/14 10:53 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Boris Peyzner. The following case opening statistical information was erroneously selected/entered: Dollar Demand $83,131,000; County code Albany;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $83,000; the County code has been modified to XX Out of State;. (jgo)
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misc Notice to Attorney Regarding Party Modification Tue 01/14 10:54 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Boris Peyzner. The party information for the following party/parties has been modified: Orchard Yarn and Thread. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo)
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notice Case Opening Initial Assignment Notice Tue 01/14 10:55 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo)
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utility Case Designation Tue 01/14 10:57 AM
Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo)
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utility Case Designated ECF Tue 01/14 10:57 AM
Case Designated ECF. (jgo)
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Monday, January 13, 2025
4 4 service Request for Issuance of Summons Mon 01/13 5:45 PM
REQUEST FOR ISSUANCE OF SUMMONS as to H.A. Kidd 3PL Incorporated, re:1 Complaint,. Document filed by Orchard Yarn and Thread..(Peyzner, Boris)
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3 3 service Request for Issuance of Summons Mon 01/13 5:44 PM
REQUEST FOR ISSUANCE OF SUMMONS as to H.A. Kidd and Company Limited, re:1 Complaint,. Document filed by Orchard Yarn and Thread..(Peyzner, Boris)
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2 2 misc Civil Cover Sheet Mon 01/13 5:10 PM
CIVIL COVER SHEET filed..(Peyzner, Boris)
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1 1 6 pgs cmp Complaint Mon 01/13 5:00 PM
COMPLAINT against H.A. Kidd 3 PL Incorporated, H.A. Kidd and Company Limited. (Filing Fee $ 405.00, Receipt Number ANYSDC-30451625)Document filed by Orchard Yarn and Thread..(Peyzner, Boris)
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Att: 1 Exhibit Warehouse and Dist. Agreement