Stein v. Herman Miller, Inc.

Federal Civil Lawsuit New York Eastern District Court, Case No. 1:17-cv-05418
Magistrate Judge Kiyo A. Matsumoto, presiding
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Magistrate Judge Kiyo A. Matsumoto
Last Updated July 29, 2025 at 9:22 AM EDT (9.6 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [507ECE1], Plaintiff

Represented by Barrack, Rodos & Bacine

Name Phone Fax E-Mail
Space A. Arnold Gershon +1 212 688 0782 +1 212 688 0783 agershon@barrack.com
Space MICHAEL A. TOOMEY +1 212 688 0782 +1 212 688 0783 mtoomey@barrack.com
No Logo Shiva Stein, Plaintiff

Represented by Barrack, Rodos & Bacine

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED A. Arnold Gershon +1 212 688 0782 +1 212 688 0783 agershon@barrack.com
ATTORNEY TO BE NOTICED MICHAEL A. TOOMEY +1 212 688 0782 +1 212 688 0783 mtoomey@barrack.com
v.
No Logo Herman Miller, Inc., Defendant

Represented by Foley & Lardner, LLP

Name Phone Fax E-Mail
Space Bryan B House +1 414 271 2400 +1 414 297 4900 bhouse@foley.com
Space Robert Allen Scher +1 212 682 7474 +1 212 687 2329 rscher@foley.com
Attributes
Citation Unknown
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Jurisdiction Federal Question
Case Status closed
Jury Demand None
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 20 Filed: 11/6/2017, Entered: 11/6/2017 Court Filing
STIPULATION Of Dismissal granted with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). SO Ordered by Judge Kiyo A. Matsumoto on 11/1/2017. (Tavarez, Jennifer)
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Legal Document (Payment Possibly Required) 19 Filed: 11/1/2017, Entered: 11/1/2017
NOTICE of Voluntary Dismissal by 507ECE1 (Toomey, Michael)
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Blank  Filed: 10/17/2017, Entered: 10/17/2017
ORDER re plaintiff's 18 status letter. The parties have reported that they are continuing discussions regarding the resolution of this case. As proposed by the parties, they shall file a joint status letter to the court by November 1, 2017. Ordered by Judge Kiyo A. Matsumoto on 10/17/2017. (Tata, Vivek)
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Legal Document (Payment Possibly Required) 18 Filed: 10/17/2017, Entered: 10/17/2017
Letter re: October 4, 2017 Order by 507ECE1 (Toomey, Michael)
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Blank  Filed: 10/4/2017, Entered: 10/4/2017
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Motion Hearing held on 10/4/2017 re 7 Order to Show Cause. Michael Arthur Toomey, Esq. and Alexander A. Gershon, Esq. appeared for plaintiff; Bryan B. House, Esq. and Robert Allen Scher, Esq. appeared for defendant. For the reasons stated on the record, the court denied the plaintiff's motion for a preliminary injunction. The parties agreed to meet-and-confer regarding any motion to dismiss, and shall file, by October 18, 2017, a joint status letter advising the court of how they wish to proceed and, if necessary, proposing a briefing schedule for the motion. (Court Reporter Sophie Nolan.) (Tata, Vivek)
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Blank  Filed: 10/3/2017, Entered: 10/3/2017
ORDER denying 10 Motion to Adjourn Conference. As previously ordered, a hearing on the pending order to show cause will be held on October 4, 2017 at 3:00 PM in Courtroom 6C South before Judge Kiyo A. Matsumoto. Ordered by Judge Kiyo A. Matsumoto on 10/3/2017. (Tata, Vivek)
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Legal Document (Payment Possibly Required) 17 Filed: 10/2/2017, Entered: 10/2/2017
NOTICE of Appearance by Bryan B. House on behalf of Herman Miller, Inc. (aty to be noticed) (House, Bryan)
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Legal Document (Payment Possibly Required) 16 Filed: 9/29/2017, Entered: 9/29/2017
REPLY in Support re 7 Order to Show Cause,,, filed by 507ECE1. (Toomey, Michael)
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Blank  Filed: 9/29/2017, Entered: 9/29/2017
ORDER granting 15 Motion for Bryan B. House 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 4150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/29/2017. (Vertus, Miriam)
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Legal Document (Payment Possibly Required) 15 Filed: 9/29/2017, Entered: 9/29/2017
MOTION for Leave to Appear Pro Hac Vice as to Bryan House Filing fee $ 150, receipt number 0207-9867201. by Herman Miller, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Affidavit of Bryan House in Support of Motion, # 3 Text of Proposed Order to Admit Counsel Pro Hac Vice, # 4 Certificate of Service) (Scher, Robert)
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Legal Document (Payment Possibly Required) 14 Filed: 9/27/2017, Entered: 9/27/2017
DECLARATION re 13 Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction by Herman Miller, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Scher, Robert)
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Legal Document (Payment Possibly Required) 13 Filed: 9/27/2017, Entered: 9/27/2017
MEMORANDUM in Opposition re 6 Unsigned Order to Show Cause filed by Herman Miller, Inc.. (Scher, Robert)
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Blank  Filed: 9/25/2017, Entered: 9/25/2017
ORDER granting 12 motion for extension for time to file opposition to 6 order to show cause. Defendant's opposition is now due by 9/27/2017. Plaintiff's reply is now due by 9/29/2017 at 5 p.m. Ordered by Judge Kiyo A. Matsumoto on 9/25/2017. (Tata, Vivek)
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Legal Document (Payment Possibly Required) 12 Filed: 9/25/2017, Entered: 9/25/2017
Letter MOTION for Extension of Time to File Response/Reply by Herman Miller, Inc.. (Scher, Robert)
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Legal Document (Payment Possibly Required) 11 Filed: 9/25/2017, Entered: 9/25/2017
RESPONSE in Opposition re 10 Letter MOTION to Adjourn Conference filed by 507ECE1. (Toomey, Michael)
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Blank  Filed: 9/22/2017, Entered: 9/22/2017
ORDER re defendant's 10 Motion to Adjourn Conference, which states that the defendant's recent supplement to its Proxy Statement "has mooted the alleged controversy." (ECF No. 10 at 1.) By 9/25/2017, plaintiff shall respond to defendant's motion, advising the court if she objects to the request to adjourn, and if so, what issues continue to require injunctive relief. In her response, plaintiff shall also advise the court of how she plans to proceed with this action. Ordered by Judge Kiyo A. Matsumoto on 9/22/2017. (Tata, Vivek)
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Legal Document (Payment Possibly Required) 10 Filed: 9/22/2017, Entered: 9/22/2017
Letter MOTION to Adjourn Conference by Herman Miller, Inc.. (Scher, Robert)
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Legal Document (Payment Possibly Required) 9 Filed: 9/22/2017, Entered: 9/22/2017
NOTICE of Appearance by Robert A. Scher on behalf of Herman Miller, Inc. (aty to be noticed) (Scher, Robert)
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Legal Document (Payment Possibly Required) 8 Filed: 9/20/2017, Entered: 9/20/2017
SUMMONS Returned Executed by 507ECE1. Herman Miller, Inc. served on 9/19/2017, answer due 10/10/2017. (Toomey, Michael)
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Legal Document (Payment Possibly Required) 7 Filed: 9/18/2017, Entered: 9/18/2017 Court Filing
ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION. As set forth in the attached order, a hearing on the order to show cause will be held on October 4, 2017 at 3:00 PM in Courtroom 6C South before Judge Kiyo A. Matsumoto. Plaintiff shall serve a copy of this order, the 6 declaration and memorandum of law in support of her request for an order to show cause, and the summons and complaint in this action, on defendant by September 19, 2017 at 5:00 p.m. Defendant shall file its opposition by September 25, 2017 at 5:00 p.m., and plaintiff's reply papers are due by September 27, 2017 at 5:00 p.m. The parties shall deliver two courtesy copies of submissions to chambers. Ordered by Judge Kiyo A. Matsumoto on 9/18/2017. (Tata, Vivek) (Main Document 7 replaced on 9/18/2017) (Marziliano, August).
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Legal Document (Payment Possibly Required) 6 Filed: 9/18/2017, Entered: 9/18/2017
Unsigned Order to Show Cause by 507ECE1 (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Exhibit) (Toomey, Michael)
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Legal Document (Payment Possibly Required) 5 Filed: 9/18/2017, Entered: 9/18/2017
Summons Issued as to Herman Miller, Inc.. (Davis, Kimberly)
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Legal Document (Payment Possibly Required) 4 Filed: 9/18/2017, Entered: 9/18/2017
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
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Legal Document (Payment Possibly Required) 3 Filed: 9/18/2017, Entered: 9/18/2017
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. (Davis, Kimberly)
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Blank  Filed: 9/18/2017, Entered: 9/18/2017
Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)
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Legal Document (Payment Possibly Required) 2 Filed: 9/15/2017, Entered: 9/15/2017
NOTICE of Appearance by Alexander A. Gershon on behalf of 507ECE1 (aty to be noticed) (Gershon, Alexander)
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Legal Document (Payment Possibly Required) 1 Filed: 9/15/2017, Entered: 9/15/2017
COMPLAINT against Herman Miller, Inc. filing fee $ 400, receipt number 0207-9831892 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by 507ECE1. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Toomey, Michael)
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