ORDER DISMISSING CASE: Per document number 18 , Plaintiff 507ECE1 voluntarily dismisses this action with prejudice pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(i). The Clerk of the Court shall mark the case closed. Ordered by Judge Roslynn R. Mauskopf on 7/18/2016. (Taronji, Robert)
SCHEDULING ORDER: Due to a conflict in the Court's calendar, the pre-motion conference scheduled for July 21, 2016 is rescheduled to August 4, 2016 at 10:00 AM. Counsel for all parties must attend. The conference will take place before the Hon. Roslynn R. Mauskopf in Courtroom 6A on the 6th floor of the South Wing, United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. Counsel shall confer to ensure that all parties are aware of the date and time of the conference. Counsel shall appear 15 minutes prior to the conference and shall check in with the courtroom deputy. Ordered by Judge Roslynn R. Mauskopf on 7/18/2016. (Turner, Annie)
Filed: 7/12/2016, Entered: 7/12/2016
ORDER OF ENTRY: By July 29, 2016, defendant Five Below, Inc. shall file a brief reply to plaintiff 507ECE1 June 27, 2016 letter (Doc. No. 17 ). Ordered by Judge Roslynn R. Mauskopf on 7/12/2016. (Mauskopf, Roslynn)
Filed: 6/28/2016, Entered: 6/28/2016
SCHEDULING ORDER: The parties' requests for a pre-motion conference are GRANTED. The Court will hold a pre-motion conference on July 21, 2016 at 10:00 AM. Counsel for all parties must attend. The conference will take place before the Hon. Roslynn R. Mauskopf in Courtroom 6A on the 6th floor of the South Wing, United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. Counsel shall confer to ensure that all parties are aware of the date and time of the conference. Counsel shall appear 15 minutes prior to the conference and shall check in with the courtroom deputy. Ordered by Judge Roslynn R. Mauskopf on 6/28/2016. (Turner, Annie)
ORDER: By June 27, 2016, plaintiff shall file a letter with the Court, not to exceed three pages, setting forth the legal and factual bases on which plaintiff intends to rely to oppose defendant's proposed motion to dismiss, and whether there remain any outstanding discovery or other pre-trial issues that would prevent plaintiff from opposing defendant's proposed motion. Upon receipt of this filing, the Court will further advise the parties as to whether a pre-motion conference is required. Ordered by Judge Roslynn R. Mauskopf on 6/21/2016. (Turner, Annie)
ORDER granting 15 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Steven M. Gold on 6/17/2016. (Faubion, Maxwell)
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8691823. by Five Below, Inc.. (Attachments: # 1 Proposed Order, # 2 Affidavit In Support) (Dubow, Jay)
ORDER re 12 : Defendant's motion to dismiss is DENIED without prejudice to renewal for failure to comply with the Court's Individual Motion Practices and Rules. Defendant is directed to review this Court's Individual Rules (including, in particular, Rules III.A.2 and III.A.3) and to file a letter requesting a pre-motion conference in conformity therewith. Ordered by Judge Roslynn R. Mauskopf on 6/13/2016. (Turner, Annie)
MEMORANDUM in Support re 12 Notice of MOTION to Dismiss filed by Five Below, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service) (Gordon, Yehudah)
ORDER: The attached proposal to withdraw plaintiff's motion for preliminary injunction (see also doc. no. 8 ) is so ordered. The Court hereby vacates its order dated 5/18/16 (at doc. no. 5 ). Ordered by Judge Roslynn R. Mauskopf on 5/26/2016. (Taronji, Robert)
NOTICE by 507ECE1 re 5 Order to Show Cause,,,,,, of [Proposed] Withdrawal of Motion for Preliminary Injunction by Order To Show Cause (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Certificate of Service) (Toomey, Michael)
ORDER TO SHOW CAUSE: It is ORDERED, that the above named defendant show cause before this Court at Courtroom 6A South, United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York, on June 3, 2016 at 12:00 noon, or as soon thereafter as counsel may be heard, why an order should not be entered pursuant to Rule 65 of the Federal Rules of Civil Procedure for a preliminary injunction to prevent a stockholders' vote on the Five Below,Inc. ("Five Below") Amended and Restated Equity Incentive Plan and the Five Below 2016Performance Bonus Plan, until the information required by SEC Schedule l 4A, 17 C.F.R. ยง240.14a-101 (Item lO(a)(l)) and the entirety of both plan documents are provided to stockholders; and it is further ORDERED that, defendant will serve and file its opposition papers by May 26, 21016 at 12 noon and plaintiff will serve and file her reply papers by 12:00 noon on May 31, 2016; and it is further ORDERED that counsel for defendant shall file a proper Notice of Appearance with the Court immediately upon accepting this matter and otherwise comply with the Court's ECF requirements; and it is further ORDERED that personal service of a copy of this order, annexed declaration, memorandum of law and the summons and complaint in this action upon the registered agent of Five Below, PHS Corporate Services, Inc., 1313 N. Market St., Ste. 5100, Wilmington, DE 19801, on or before 12:00 noon May 19, 2016 shall be deemed good and sufficient service thereof, and it is further ORDERED that plaintiff file proof of service by 12:00 noon on May 20, 2016. Ordered by Judge Roslynn R. Mauskopf on 5/18/2016. (Taronji, Robert)
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)
COMPLAINT against Five Below, Inc. Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by 507ECE1. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration, # 3 Memorandum in Support, # 4 Exhibit 1) (Bowens, Priscilla)
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