Lemonis v. A. Stein Meat Productions Inc. et al :: New York Eastern District Court :: Federal Civil Lawsuit No. 1:14-cv-03073-DLI-RLM, Judge Dora Lizette Irizarry presiding

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	Filed: None, Entered: None	Order Dismissing Case
	ORDER electronically endorsing [47]. This case is now closed. So Ordered by Judge Dora Lizette Irizarry on 5/28/2015. (Carosella, Christy)


47	Filed: 5/27/2015, Entered: 5/27/2015	Stipulation of Dismissal
	STIPULATION of Dismissal with Prejudice by Marcus Lemonis (Kattan, Justin)
	Request

46	Filed: 4/30/2015, Entered: 4/30/2015, Terminated: 4/30/2015	Extension of Time to File Response/Reply
	Letter MOTION for Extension of Time to File Response/Reply as to [41] Answer to Complaint by Marcus Lemonis. (Gilbreath, Lisa)
	Request

	Filed: None, Entered: None	Order on Motion for Extension of Time to File Response-Reply
	ORDER granting [46] Motion for Extension of Time to File Response/Reply. Responses due by 5/29/2015. Ordered by Magistrate Judge Roanne L. Mann on 4/30/2015. (Maynard, Pat)


45	Filed: 4/29/2015, Entered: 4/29/2015	Order(Other)
	ORDER. The parties have informed this Court that they have accepted its settlement proposal. They are directed to file a Stipulation of Discontinuance with the Clerk of the Court via ECF no later than May 29, 2015. Ordered by Magistrate Judge Roanne L. Mann on 4/29/2015. (Pescatore, Brittney)
	Request

	Filed: None, Entered: None	Order on Motion for Extension of Time to File Response-Reply
	ELECTRONIC ORDER granting, on consent [44] Motion for Extension of Time to File Response to Defendants' counterclaim through May 15, 2015. Ordered by Magistrate Judge Roanne L. Mann on 4/28/2015. (Maynard, Pat)


44	Filed: 4/27/2015, Entered: 4/27/2015, Terminated: 4/28/2015	Letter
	MOTION for Extension of Time to File Response/Reply. Letter to Hon. Dora L. Irizarry from Lisa A. Gilbreath requesting with consent of Defendants adjournment of the time to respond to Defendants' counterclaim thourgh May 15, 2015. by Marcus Lemonis (Gilbreath, Lisa) Modified as a motion on 4/28/2015 (Maynard, Pat).
	Request

43	Filed: 4/27/2015, Entered: 4/27/2015	Settlement Conference
	Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann: Settlement/Initial Conference held on 4/27/2015. Fact discovery to be completed by November 6, 2015. The parties shall respond to the Court's settlement proposal by April 29, 2015. (See attached Minute Entry for additional scheduling.) (Pescatore, Brittney)
	Request

	Filed: None, Entered: None	Order on Motion for Extension of Time to File Response-Reply
	ELECTRONIC ORDER granting [42] Motion for Extension of Time to File Response/Reply as to [41] Answer to Complaint. Replies due by 4/30/2015. Ordered by Magistrate Judge Roanne L. Mann on 4/17/2015. (Maynard, Pat)


42	Filed: 4/16/2015, Entered: 4/16/2015, Terminated: 4/17/2015	Extension of Time to File Response/Reply
	Letter MOTION for Extension of Time to File Response/Reply as to [41] Answer to Complaint by Marcus Lemonis. (Kattan, Justin)
	Request

41	Filed: 3/27/2015, Entered: 3/27/2015	Answer
	ANSWER to [1] Complaint, COUNTERCLAIM by Mora and Buxbaum against Marcus Lemonis by A. Stein Meat Productions Inc., Alan Buxbaum, Howard Mora. (Stern, Jordan)
	Request

	Filed: None, Entered: None	Incorrect Case/Document/Entry Information.
	Incorrect Case/Document/Entry Information. Document number 41 removed from the docket sheet, document incorrectly filed. (Fernandez, Erica)


40	Filed: 3/12/2015, Entered: 3/12/2015, Terminated: 3/12/2015	Adjourn Conference
	Letter MOTION to Adjourn Conference by A. Stein Meat Productions Inc., Alan Buxbaum, Howard Mora. (Stern, Jonathan)
	Request

	Filed: None, Entered: None	Order on Motion to Adjourn Conference
	ELECTRONIC ORDER re: [40] Motion to Adjourn Conference. Application granted in substantial part, on consent. The Court currently has no available time slots on the proposed dates. Wednesday's initial conference (which will also serve as a settlement conference) is adjourned to April 27, 2015, at 2:00 p.m. The parties are directed to promptly exchange initial disclosures and to commence discovery in the interim. Ordered by Magistrate Judge Roanne L. Mann on 3/12/2015. (Pescatore, Brittney)


39	Filed: 3/9/2015, Entered: 3/9/2015	Scheduling Order
	SCHEDULING ORDER: Initial Conference set for 3/18/2015 at 2:00 PM in Courtroom 13C South before Magistrate Judge Roanne L. Mann. SEE ATTACHED MANDATORY REQUIREMENTS FOR CONFERENCE . Ordered by Magistrate Judge Roanne L. Mann on 3/9/2015. (Maynard, Pat)
	Request

38	Filed: 3/6/2015, Entered: 3/6/2015	Order on Motion to Dismiss for Failure to State a Claim
	ORDER granting in part and denying in part [17] Motion to Dismiss for Failure to State a Claim; granting [21] Motion to Dismiss for Failure to State a Claim -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM and ORDER, Counts I, II, III, brought against defendants A. Stein Meat Products, Inc., Howard Mora, and Alan Buxbaum are dismissed and the sole count against King Solomon Foods, Inc., Count V, is also dismissed. As to the remaining count, Count IV, for unjust enrichment against defendants A. Stein Meat Products, Inc., Howard Mora, and Alan Buxbaum, this matter is referred to the magistrate judge for further pretrial proceedings, including discovery and settlement discussions. The Clerk of the Court is directed to terminate defendant King Solomon Foods, Inc. on the docket. SO ORDERED by Judge Dora Lizette Irizarry on 3/6/2015. (Irizarry, Dora)
	Request

37	Filed: 12/23/2014, Entered: 12/23/2014	Memorandum in Opposition
	MEMORANDUM in Opposition re [17] Motion to Dismiss for Failure to State a Claim filed by Marcus Lemonis. (Kattan, Justin)


36	Filed: 12/5/2014, Entered: 12/5/2014	Affidavit in Support of Motion
	AFFIDAVIT/DECLARATION in Support re [17] Motion to Dismiss for Failure to State a Claim filed by A. Stein Meat Productions Inc., Alan Buxbaum, Howard Mora. (Stern, Jonathan)
	Request

35	Filed: 12/5/2014, Entered: 12/5/2014	Affidavit in Support of Motion
	AFFIDAVIT/DECLARATION in Support re [17] Motion to Dismiss for Failure to State a Claim filed by A. Stein Meat Productions Inc., Alan Buxbaum, Howard Mora. (Stern, Jonathan)
	Request

34	Filed: 12/5/2014, Entered: 12/5/2014	Affidavit in Support of Motion
	AFFIDAVIT/DECLARATION in Support re [17] Motion to Dismiss for Failure to State a Claim filed by A. Stein Meat Productions Inc., Alan Buxbaum, Howard Mora. (Attachments: # (1) Exhibit A, # (2) Exhibit B) (Stern, Jonathan)
	Request

33	Filed: 12/5/2014, Entered: 12/5/2014	Memorandum in Support
	MEMORANDUM in Support re [17] Motion to Dismiss for Failure to State a Claim (Supplemental) filed by A. Stein Meat Productions Inc., Alan Buxbaum, Howard Mora. (Stern, Jonathan)
	Request

	Filed: None, Entered: None	Order
	ORDER re [32] Letter filed by Alan Buxbaum, Howard Mora, A. Stein Meat Productions Inc. --- The parties' request for an extension of the briefing schedule is granted. The A. Stein Defendants' supplemental brief shall be filed no later than December 5, 2014. The Plaintiff's opposition shall be filed no later than December 23, 2014. No further extensions will be granted. So Ordered by Judge Dora Lizette Irizarry on 11/13/2014. (Carosella, Christy)


	Filed: None, Entered: None	Order
	ORDER re [32] Letter filed by Alan Buxbaum, Howard Mora, A. Stein Meat Productions Inc. --- The parties' request for an extension of the briefing schedule is granted. The A. Stein Defendants' supplemental brief shall be filed no later than December 5, 2014. The Plaintiff's opposition shall be filed no later than December 23, 2014. No further extensions will be granted. So Ordered by Judge Dora Lizette Irizarry on 11/13/2014. (Carosella, Christy)


32	Filed: 11/12/2014, Entered: 11/12/2014	Letter
	Letter Requesting an Adjournment by A. Stein Meat Productions Inc., Alan Buxbaum, Howard Mora (Stern, Jordan)
	Request

	Filed: None, Entered: None	Order on Motion to Dismiss
	ORDER terminating [30] Motion to Dismiss Claims as Moot -- Supplemental Briefing Required -- In light of the parties' recent submissions, the Court hereby directs the parties to supplement the motions to dismiss already filed by briefing the issue of the alleged mootness of certain claims. Defendants shall file their supplemental briefs no later than November 21, 2014. Plaintiff shall file his opposition, if any, no later than December 12, 2014. No reply is required. The parties are reminded to provide chambers with hard courtesy copies immediately upon filing. SO ORDERED by Judge Dora Lizette Irizarry on 11/5/2014. (Irizarry, Dora)


31	Filed: 11/3/2014, Entered: 11/3/2014	Letter
	Letter to Judge Irizarry in Response to the October 29, 2014 letter-motion filed by Defendants by Marcus Lemonis (Kattan, Justin)


30	Filed: 10/29/2014, Entered: 10/29/2014, Terminated: 11/5/2014	Dismiss
	Letter MOTION to Dismiss Certain Claims as Moot by A. Stein Meat Productions Inc., Alan Buxbaum, Howard Mora. (Stern, Jordan)
	Request

29	Filed: 8/22/2014, Entered: 8/22/2014	Reply in Support
	REPLY in Support re [21] Motion to Dismiss for Failure to State a Claim (Fifth Count in Complaint) filed by King Solomon Foods, Inc.. (Freiberger, Jonathan)
	Request

28	Filed: 8/22/2014, Entered: 8/22/2014	Reply in Support
	REPLY in Support re [17] Motion to Dismiss for Failure to State a Claim filed by A. Stein Meat Productions Inc., Alan Buxbaum, Howard Mora. (Stern, Jordan)
	Request

27	Filed: 7/29/2014, Entered: 7/29/2014	Affidavit in Opposition to Motion
	AFFIDAVIT/DECLARATION in Opposition re [21] Motion to Dismiss for Failure to State a Claim (Fifth Count in Complaint), [17] Motion to Dismiss for Failure to State a Claim / Declaration of Lisa A. Gilbreath in Opposition to Motion to Dismiss filed by Marcus Lemonis. (Kattan, Justin)
	Request

26	Filed: 7/29/2014, Entered: 7/29/2014	Memorandum in Opposition
	MEMORANDUM in Opposition re [21] Motion to Dismiss for Failure to State a Claim (Fifth Count in Complaint), [17] Motion to Dismiss for Failure to State a Claim / Memorandum of Law in Opposition to the Motions to Dismiss of Defendants A. Stein Meat Products Inc., Howard Mora, Alan Buxbaum and King Solomon Foods, Inc. filed by Marcus Lemonis. (Kattan, Justin)
	Request

25	Filed: 7/2/2014, Entered: 7/2/2014, Terminated: 7/2/2014	Motion for Extension of Time to File Response/Reply
	MOTION for Extension of Time to File Response/Reply / Stipulation and Proposed Order by Marcus Lemonis. (Attachments: # (1) Letter to Magistrate Judge Roanne L. Mann) (Kattan, Justin)
	Request

	Filed: None, Entered: None	Order on Motion for Extension of Time to File Response-Reply
	ORDER terminating [25] Motion for Extension of Time to File Response/Reply - As an initial matter, it is clear that the parties have not familiarized themselves with my Individual Rules and Practices, which provide that deadline extensions are to be made by LETTER and NOT by motion and NOT by LETTER MOTION. Moreover, I do not accept stipulations by the parties as to the deadlines or oral argument dates. The parties shall set forth in the letter the need for the extension and whether opposing counsel consents. In addition, this request was improperly directed to the magistrate judge who has no authority to decide any matters concerning a dispositive motion. It should have been directed to me. The request for the extension of the motion briefing schedule is granted in part and denied in part. Plaintiff's opposition to both motions shall be filed on July 29, 2014 and defendant's reply shall be filed on August 22, 2014. As to the motion being "returnable" on August 25, 2014, that request is denied. The court will determine whether oral argument is necessary and will advise the parties accordingly. Otherwise, the motion will be decided in due course on the papers. The parties are reminded that hard courtesy copies of all filings must be forwarded to chambers IMMEDIATELY upon filing. SO ORDERED by Judge Dora Lizette Irizarry on 7/2/2014. (Irizarry, Dora)


24	Filed: 6/24/2014, Entered: 6/24/2014	Corporate Disclosure Statement
	Corporate Disclosure Statement by King Solomon Foods, Inc. (Freiberger, Jonathan)
	Request

23	Filed: 6/24/2014, Entered: 6/24/2014	Memorandum in Support
	MEMORANDUM in Support re [21] Motion to Dismiss for Failure to State a Claim (Fifth Count in Complaint) Memorandum of Law filed by King Solomon Foods, Inc.. (Freiberger, Jonathan)
	Request

22	Filed: 6/24/2014, Entered: 6/24/2014	Affidavit in Support of Motion
	AFFIDAVIT/DECLARATION in Support re [21] Motion to Dismiss for Failure to State a Claim (Fifth Count in Complaint) Affidavit of Jonathan Freiberger filed by King Solomon Foods, Inc.. (Attachments: # (1) Exhibit A -- Complaint) (Freiberger, Jonathan)
	Request

21	Filed: 6/24/2014, Entered: 6/24/2014, Terminated: 3/6/2015	Motion to Dismiss for Failure to State a Claim
	Motion to Dismiss for Failure to State a Claim (Fifth Count in Complaint) by King Solomon Foods, Inc.. (Freiberger, Jonathan)


20	Filed: 6/24/2014, Entered: 6/24/2014	Disclosure of Interested Parties
	DISCLOSURE of Interested Parties by A. Stein Meat Productions Inc.. (Stern, Jordan)
	Request

19	Filed: 6/24/2014, Entered: 6/24/2014	Affidavit in Support of Motion
	AFFIDAVIT/DECLARATION in Support re [17] Motion to Dismiss for Failure to State a Claim filed by A. Stein Meat Productions Inc., Alan Buxbaum, Howard Mora. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C) (Stern, Jordan)
	Request

18	Filed: 6/24/2014, Entered: 6/24/2014	Memorandum in Support
	MEMORANDUM in Support re [17] Motion to Dismiss for Failure to State a Claim filed by A. Stein Meat Productions Inc., Alan Buxbaum, Howard Mora. (Stern, Jordan)
	Request

17	Filed: 6/24/2014, Entered: 6/24/2014, Terminated: 3/6/2015	Motion to Dismiss for Failure to State a Claim
	Motion to Dismiss for Failure to State a Claim by A. Stein Meat Productions Inc., Alan Buxbaum, Howard Mora. (Stern, Jordan)
	Request

16	Filed: 6/13/2014, Entered: 6/13/2014	Order on Motion for Leave to Appear Pro Hac Vice
	ORDER granting [15] Motion for Leave to Appear Pro Hac Vice attorney Lisa A. Gilbreath. Ordered by Magistrate Judge Roanne L. Mann on 6/13/2014. (Maynard, Pat)
	Request

15	Filed: 6/13/2014, Entered: 6/13/2014, Terminated: 6/13/2014	Motion for Leave to Appear Pro Hac Vice
	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6995378. by Marcus Lemonis. (Attachments: # (1) Affidavit in Support, # (2) Proposed Order) (Gilbreath, Lisa)
	Request

14	Filed: 6/10/2014, Entered: 6/10/2014	Order on Motion for Extension of Time to File Response-Reply
	ORDER granting [13] Motion for Extension of Time to File Response/Reply to the complaint. Responses due by 6/24/2014. Ordered by Magistrate Judge Roanne L. Mann on 6/10/2014. (Maynard, Pat)
	Request

13	Filed: 6/10/2014, Entered: 6/10/2014, Terminated: 6/10/2014	Motion for Extension of Time to File Response/Reply
	MOTION for Extension of Time to File Response/Reply to the complaint by A. Stein Meat Productions Inc., Alan Buxbaum, Howard Mora. (Stern, Jordan)
	Request

12	Filed: 6/6/2014, Entered: 6/6/2014	Order on Motion for Extension of Time to Answer
	ORDER granting [11] Motion for Extension of Time to Answer. King Solomon Foods, Inc. answer due is extended to 6/24/2014. Ordered by Magistrate Judge Roanne L. Mann on 6/6/2014. (Maynard, Pat)
	Request

11	Filed: 6/6/2014, Entered: 6/6/2014, Terminated: 6/6/2014	Motion for Extension of Time to File Answer
	MOTION for Extension of Time to File Answer re [1] Complaint, [5] Summons Issued by King Solomon Foods, Inc.. (Freiberger, Jonathan)
	Request

10	Filed: 6/5/2014, Entered: 6/5/2014	Summons Returned Executed
	SUMMONS Returned Executed by Marcus Lemonis. Howard Mora served on 5/19/2014, answer due 6/9/2014. (Kattan, Justin)
	Request

9	Filed: 6/5/2014, Entered: 6/5/2014	Summons Returned Executed
	SUMMONS Returned Executed by Marcus Lemonis. King Solomon Foods, Inc. served on 5/19/2014, answer due 6/9/2014. (Kattan, Justin)
	Request

8	Filed: 6/5/2014, Entered: 6/5/2014	Summons Returned Executed
	SUMMONS Returned Executed by Marcus Lemonis. Alan Buxbaum served on 5/19/2014, answer due 6/9/2014. (Kattan, Justin)
	Request

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7	Filed: 6/5/2014, Entered: 6/5/2014	Summons Returned Executed
	SUMMONS Returned Executed by Marcus Lemonis. A. Stein Meat Productions Inc. served on 5/19/2014, answer due 6/9/2014. (Kattan, Justin)
	Request

6	Filed: 5/16/2014, Entered: 5/16/2014	Clerks Notice of Rule 73
	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: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)
	Request

	Filed: None, Entered: None	Quality Control Check - Attorney Case Opening
	This attorney case opening filing has been checked for quality control. The following corrections were made: none. (Bowens, Priscilla)


5	Filed: 5/15/2014, Entered: 5/16/2014	Summons Issued
	Summons Issued as to King Solomon Foods, Inc.. (Bowens, Priscilla)
	Request

4	Filed: 5/15/2014, Entered: 5/16/2014	Summons Issued
	Summons Issued as to A. Stein Meat Productions Inc.. (Bowens, Priscilla)
	Request

3	Filed: 5/15/2014, Entered: 5/16/2014	Summons Issued
	Summons Issued as to Alan Buxbaum. (Bowens, Priscilla)


2	Filed: 5/15/2014, Entered: 5/16/2014	Summons Issued
	Summons Issued as to Howard Mora. (Bowens, Priscilla)


1	Filed: 5/15/2014, Entered: 5/15/2014	Complaint
	COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-6930296, filed by Marcus Lemonis. (Attachments: # (1) Civil Cover Sheet, # (2) Proposed Summons A. Stein Meat Products Inc., # (3) Proposed Summons Howard Mora, # (4) Proposed Summons Alan Buxbaum, # (5) Proposed Summons King Solomon Foods, Inc.) (Kattan, Justin)