Impulse Marketing Group, Inc. v. National Small Business Alliance, Inc. et al

Plaintiff Impulse Marketing Group, Inc. alleged that defendants National Small Business Alliance, Inc. and Direct Contact Media, Inc. failed to pay amounts due for online affiliate marketing services.
Plaintiff:Impulse Marketing Group, Inc.
Defendant:National Small Business Alliance, Inc. and Direct Contact Media, Inc.
Counter Claimant:National Small Business Alliance, Inc.
Counter Defendant:Impulse Marketing Group, Inc.
 
Case Number:1:2005cv07776
Filed:September 2, 2005
 
Court:New York Southern District Court
Office:Foley Square Office [ Court Info ]
County:NewYork
Presiding Judge:Judge Kenneth M. Karas
 
Nature of Suit:Contract - Other Contract
Cause:28:1332 Diversity-Contract Default
Jurisdiction:Diversity
Jury Demanded By:Both

Date Filed

#

Docket Text

September 2, 2005 1 COMPLAINT against National Small Business Alliance, Inc., Direct Contact Media, Inc.. (Filing Fee $ 250.00, Receipt Number 554145)Document filed by Impulse Marketing Group, Inc..(jbe, ) Additional attachment(s) added on 9/7/2005 (laq, ). (Entered: September 7, 2005)
September 2, 2005   Case Designated ECF. (jbe, ) (Entered: September 7, 2005)
September 2, 2005   Magistrate Judge James C. Francis IV is so designated. (jbe, ) (Entered: September 7, 2005)
September 2, 2005   SUMMONS ISSUED as to National Small Business Alliance, Inc., Direct Contact Media, Inc.. (jbe, ) (Entered: September 7, 2005)
September 2, 2005 2 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Impulse Marketing Group, Inc..(jbe, ) Additional attachment(s) added on 9/7/2005 (laq, ). (Entered: September 7, 2005)
September 7, 2005 3 NOTICE of Appearance by Joshua D. Rose on behalf of Impulse Marketing Group, Inc. (Rose, Joshua) (Entered: September 7, 2005)
September 20, 2005 4 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time (Stipulation and Order extending time). Document filed by National Small Business Alliance, Inc., Direct Contact Media, Inc.. Return Date set for 10/18/2005 05:00 PM. (Shaffer, Scott) Modified on 9/26/2005 (kg). (Entered: September 20, 2005)
September 26, 2005   ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Scott A. Schaffer to E-MAIL pdf copy to orders_and_judgments@nysd.uscourts.gov Document No. 4 Stipulation and Order extending time. This document is not filed via ECF. (kg) (Entered: September 26, 2005)
October 18, 2005 5 RULE 7.1 DISCLOSURE STATEMENT. Document filed by National Small Business Alliance, Inc..(Shaffer, Scott) (Entered: October 18, 2005)
October 18, 2005 6 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Impulse Marketing Group, Inc.. Document filed by National Small Business Alliance, Inc..(Shaffer, Scott) (Entered: October 18, 2005)
November 2, 2005 7 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Scott Shaffen dated 10/18/05 re: The parties are appear at a pre-motion conference on 11/15/05 at 4:30 p.m.. Defendant on direct contact media's time to answer or otherwise respond to the complaint is extended until then. (Signed by Judge Kenneth M. Karas on 10/18/05) (sac, ) (Entered: November 3, 2005)
November 8, 2005 8 NOTICE of Appearance by Peter Jordan Glantz on behalf of Impulse Marketing Group, Inc. (Glantz, Peter) (Entered: November 8, 2005)
November 17, 2005 9 STIPULATION AND ORDER; that Plaintiffs time to reply, or otherwise respond to dft. National Small Business Alliance counterclaims shall be extended up to, and including 11/23/05. (Signed by Judge Kenneth M. Karas on 11/15/05) (pl, ) (Entered: November 18, 2005)
November 30, 2005 10 ORDER: plaintiffs shall serve and file their amended complaint by 12/2/05; defendants answer shall be filed 12/23/05. If no amended complaint is filed by 12/2/05, then defendant Direct Contact Media has until 12/23/05 to respond to the complaint. If a motion to dismiss is file by 12/23/05, plaintiff shall have until 1/10/06 to file opposition and defendants reply is due 1/17/06. Plaintiff shall respond to counterclaims asserted by National Small Business Alliance, Inc. is due 12/9/05. (Signed by Judge Kenneth M. Karas on 11/22/05) (db, ) (Entered: 12/01/2005)
December 2, 2005 11 FIRST AMENDED COMPLAINT amending 1 Complaint against National Small Business Alliance, Inc., Direct Contact Media, Inc..Document filed by Impulse Marketing Group, Inc.. Related document: 1 Complaint filed by Impulse Marketing Group, Inc..(sac, ) (Entered: December 7, 2005)
December 2, 2005   Set Answer Due Date purs. to 11 Amended Complaint as to National Small Business Alliance, Inc. answer due on 12/15/2005; Direct Contact Media, Inc. answer due on 12/15/2005. (sac, ) (Entered: December 7, 2005)
December 9, 2005 12 ANSWER to Counterclaim. Document filed by Impulse Marketing Group, Inc., Impulse Marketing Group, Inc..(Rose, Joshua) (Entered: December 9, 2005)
December 21, 2005 13 MOTION for Extension of Time to File Response/Reply as to 11 Amended Complaint. Document filed by National Small Business Alliance, Inc., Direct Contact Media, Inc.. (Shaffer, Scott) (Entered: December 21, 2005)
January 11, 2006 14 ORDER; terminating 13 Motion for Extension of Time to File Response/Reply . (Signed by Judge Kenneth M. Karas on 1/11/06) (pl, ) (Entered: January 12, 2006)
January 19, 2006 15 STIPULATION AND ORDER plaintiff shall have until 1/18/06 to serve opposition papers; 1/26/06 for reply papers. So Ordered. (Signed by Judge Kenneth M. Karas on 1/19/06) (jco, ) (Entered: 01/20/2006)
January 19, 2006 16 STIPULATION AND ORDER that the plaintiff Impulse Marketing Group, Inc. shall have up to 1/23/06 to file opposition papers to defendant Direct Contact Media, Inc's motion to dismiss the amended complaint; Direct Contact Media, Inc. shall have up to 1/31/06 to file reply; and that defendant National Small Business Alliance, Inc. shall have up to 1/31/06 to respond to the amended complaint. So Ordered. (Signed by Judge Kenneth M. Karas on 1/18/06) (jco, ) (Entered: January 20, 2006)
January 19, 2006   Set Answer Due Date purs. to 16 Stipulation and Order, as to National Small Business Alliance, Inc. answer due on 1/31/2006. (jco, ) (Entered: January 20, 2006)
January 19, 2006   Set Deadlines/Hearings: Replies due by 1/31/2006. Responses due by 1/23/2006 (jco, ) (Entered: January 20, 2006)
January 31, 2006 17 MOTION to Dismiss for Lack of Jurisdiction. Document filed by Direct Contact Media, Inc.. (Shaffer, Scott) (Entered: January 31, 2006)
January 31, 2006 18 MEMORANDUM OF LAW in Support re: 17 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Direct Contact Media, Inc.. (Shaffer, Scott) (Entered: January 31, 2006)
January 31, 2006 19 DECLARATION of Direct Contact Media, Inc. in Support re: 17 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Direct Contact Media, Inc.. (Shaffer, Scott) (Entered: January 31, 2006)
January 31, 2006 20 REPLY MEMORANDUM OF LAW in Support re: 17 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Direct Contact Media, Inc.. (Shaffer, Scott) (Entered: January 31, 2006)
January 31, 2006 21 DECLARATION of Dennis Mario in Support re: 17 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Direct Contact Media, Inc.. (Shaffer, Scott) (Entered: January 31, 2006)
January 31, 2006 22 DECLARATION of Jeffrey Goldstein in Opposition re: 17 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Impulse Marketing Group, Inc.. (Glantz, Peter) (Entered: January 31, 2006)
January 31, 2006 23 ANSWER to Amended Complaint., COUNTERCLAIM against Impulse Marketing Group, Inc.. Document filed by National Small Business Alliance, Inc., National Small Business Alliance, Inc.. Related document: 11 Amended Complaint filed by Impulse Marketing Group, Inc.,.(Shaffer, Scott) (Entered: January 31, 2006)
January 31, 2006 24 MEMORANDUM OF LAW in Opposition re: 17 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Impulse Marketing Group, Inc.. (Glantz, Peter) (Entered: January 31, 2006)
February 17, 2006 25 REPLY to NSBA's Amended Counterclaims. Document filed by Impulse Marketing Group, Inc.. (Glantz, Peter) (Entered: February 17, 2006)
June 11, 2007 26 NOTICE OF APPEARANCE by Khristan Anne Heagle on behalf of Impulse Marketing Group, Inc. (Heagle, Khristan) (Entered: June 11, 2007)
June 12, 2007 27 OPINION & ORDER # 94775: that DCM's Motion to Dismiss the Amended Complaint for lack of personal jurisdiction is denied without prejudice to renew after jurisdictional discovery. DCM's Motion to Dismiss the Amended Complaint for failure to state a sufficient alter ego claim and quasi-contract claims is also denied re: 17 MOTION to Dismiss for Lack of Jurisdiction. filed by Direct Contact Media, Inc. The Clerk of the Court is directed to terminate the motion. (Signed by Judge Kenneth M. Karas on 6/11/07) copies sent by chambers.(cd) Modified on 6/15/2007 (rw). (Entered: June 13, 2007)
June 27, 2007 28 NOTICE of Change in Firm Name. Document filed by Impulse Marketing Group, Inc.. (Heagle, Khristan) (Entered: June 27, 2007)
August 14, 2007 30 ORDER; 1. that this matter shall be and hereby is referred to mediation to the Alternative Dispute Resolution program of the S.D.N.Y. (Manhattan Ofice). 2. all other proceeding in this matter are hereby stayed thought the date of the mediation plus an additional 20 days. Following the mediation, the parties shall report to the Court on the status of the mediation, and may requests an additional stay in order to conclude the mediation. 3. Participation in the mediation shall be without prejudice to any argument that personal jurisdiction is lacking. (Signed by Judge Kenneth M. Karas on 8/13/07) (pl) (Entered: August 15, 2007)
August 14, 2007 29 ORDER; that this case is determined to be eligible for mediation. You are directed to report to the court the result of the mediation conference or the exclusion of the case from mediation. The entire mediation process is confidential. Additional relief as set forth in this Order. (Signed by Judge Kenneth M. Karas on 8/13/07) (pl) (Entered: August 15, 2007)
September 4, 2007 31 NOTICE OF CASE REASSIGNMENT to Judge Richard J. Sullivan. Judge Kenneth M. Karas is no longer assigned to the case. (jmi) (Entered: September 11, 2007)
September 4, 2007   Mailed notice to the attorney(s) of record. (jmi) (Entered: September 11, 2007)
September 25, 2007 32 NOTICE SELECTING MEDIATOR - Notice of selection of mediator.(sc) (Entered: September 25, 2007)
November 13, 2007 33 ORDER: Status Conference set for 1/24/2008 at 03:30 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan. IT IS HEREBY ORDERED that, by 5pm on 1/11/2008, the parties shall jointly submit a letter, not to exceed five (5) pages. In addition, the parties are directed to complete the Case Management plan and Order and submit it to the Court not later than 4pm on January 17. The status letter and proposed Case Management plan submitted to the Court pursuant to this Order should be e-mailed directly to my case manager in chambers, at the following e-mail address- eileen_levine@nysd.uscourts.gov. Do not file thru ECF. (Signed by Judge Richard J. Sullivan on 11/9/07) (tro) (Entered: November 13, 2007)
Docket Report Last Checked: November 29, 2007 16:00:50 PST
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Plaintiff: Impulse Marketing Group, Inc.
Represented By: Peter Jordan Glantz, Khristan Anne Heagle, Joshua D. Rose, Khristan Anne Heagle, Sean Anthony Moynihan, Joshua D. Rose, Khristan Anne Heagle
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Defendant: National Small Business Alliance, Inc.
Represented By: Scott Allen Shaffer, Scott Allen Shaffer
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Defendant: Direct Contact Media, Inc.
Represented By: Scott Allen Shaffer
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Counter Claimant: National Small Business Alliance, Inc.
Represented By: Scott Allen Shaffer, Scott Allen Shaffer
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Counter Defendant: Impulse Marketing Group, Inc.
Represented By: Peter Jordan Glantz, Khristan Anne Heagle, Joshua D. Rose, Khristan Anne Heagle, Sean Anthony Moynihan, Joshua D. Rose, Khristan Anne Heagle
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