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Unique Logistics International Hong Kong Ltd.
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Order | Filed: May 03, 2024 | Entered: May 03, 2024 Unique Logistics International (NYC), LLC v. Oberholzer et al
Fraud or Truth-In-Lending | New York Eastern
Order on Motion for Extension of Time to File
ORDER. The motion for an extension of time to file a discovery schedule 74 is denied. As reflected on the docket, the Hon. Orelia E. Merchant and the Clerk of Court entered the consent judgment requested by Plaintiff in this case on March 29, 2024. The case is, accordingly, closed. Plaintiff's untimely motion cites no authority for the proposition that discovery may continue after the entry of judgment, and the consent judgment proposed by Plaintiff did not provide for the Court's retention of jurisdiction. (See ECF No. 68-1.) Normally, a district court "'disassociates itself from a case'" upon issuing a final decision, particularly in the absence of an express retention of jurisdiction to enforce a settlement agreement. Hendrickson v. United States, 791 F.3d 354, 360 (2d Cir. 2015) (quoting Swint v. Chambers Cnty. Comm'n, 514 U.S. 35, 42, (1995)); see also Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 38182 (1994); StreetEasy, Inc. v. Chertok, 752 F.3d 298, 304-05 (2d Cir. 2014).See also Fed. R. Civ. P. 69(a)(1) (providing that a party that obtains a money judgment in a federal district court may enforce the judgment in accordance with "the procedure of the state where the court is located"). On the present record, and in the absence of Plaintiff's provision of any appropriate factual support or legal authority to proceed, the Court questions whether there is ancillary jurisdiction to continue discovery in this case. See Kokkonen, 511 U.S. at 382 (finding that, in the absence of action to retain jurisdiction, "enforcement of the settlement agreement is for state courts, unless there is some independent basis for federal jurisdiction"). Ordered by Magistrate Judge Taryn A. Merkl on 5/3/2024. (ALG)
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Motion | Filed: May 02, 2024 | Entered: May 02, 2024 Unique Logistics International (NYC), LLC v. Oberholzer et al
Fraud or Truth-In-Lending | New York Eastern
Extension of Time to File Document
MOTION for Extension of Time to File Discovery Schedule by Unique Logistics International (NYC), LLC. (Ross, Steven)
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Misc | Filed: May 01, 2024 | Entered: May 01, 2024 In re: One Apus Container Ship Incident on November 30, 2020
Contract: Marine | New York Southern
Letter
JOINT LETTER addressed to Judge Paul A. Engelmayer from Timothy Semenoro dated May 1, 2024 re: Status letter. Document filed by CHIDORI SHIP HOLDING LLC, JESSICA SHIP HOLDING S.A.. (Attachments: # 1 Exhibit Summary Tables).(Semenoro, Timothy)
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