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 18 |
Filed: 4/5/2018, Entered: 4/5/2018 |
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STIPULATION & ORDER of DISMISSAL w/ prejudice pursuant to FRCP Rule 41(a)(2); Signed by Sr. District Judge Thomas J. McAvoy dtd 4/05/2018 (cml)
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| 17 |
Filed: 4/4/2018, Entered: 4/4/2018 |
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STIPULATION of Dismissal of all claims by Vulto Creamery, LLC submitted to Judge Thomas J. McAvoy. (Habeeb, Faizan)
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Request |
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Filed: 3/28/2018, Entered: 3/28/2018 |
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TEXT ONLY NOTICE advising counsel that Sr. Judge McAvoy declines to enter parties' proposed 16 Stipulation/Dismissal as such fails to comply with the infancy / incompetency language requirement set forth in NDNY Local Rule 41.3. Plaintiffs counsel is directed to re-submit proposed stipulation w/in the next 5 days for Sr. Judge McAvoys consideration. (cml)
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| 16 |
Filed: 3/27/2018, Entered: 3/27/2018 |
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STIPULATION of Dismissal of All Claims by Vulto Creamery, LLC submitted to Judge Thomas J. McAvoy. (Habeeb, Faizan)
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Request |
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| 15 |
Filed: 9/7/2017, Entered: 9/7/2017 |
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TEXT ORDER : During a telephone conference conducted before the court on September 6, 2017, the issue of consolidation of this action and the two related actions 3:17-CV-283, Friedman v. Vulto Creamery, LLC, et al., and 3:17-CV-739, Ruppert, et al. v. Vulto Creamery LLC, et al. was discussed, and the parties agreed that the interests of economy and avoidance of unnecessary duplication of effort and litigation expense would be best served by consolidation of these three actions. It is therefore hereby ORDERED, that these three actions be and hereby are consolidated with the first filed action (Civil Action No. 3:17-CV-283) being designated as the lead case and the actions subsequently commenced (Civil Action No. 3:17-CV-738 and 3:17-CV-739) being designated as the member cases, pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, solely for purposes of pretrial proceedings, without prejudice to the right of one or both parties to later apply to the assigned trial judge for an order consolidating the cases for trial; and it is further ORDERED, that ALL DOCUMENTS MUST BE FILED IN THE LEAD ACTION, 3:17-CV-283, Friedman v. Vulto Creamery LLC, et al., ONLY. Authorized by Magistrate Judge David E. Peebles on 9/7/2017. (sal)
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Filed: 9/6/2017, Entered: 9/7/2017 |
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TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 9/7/2017. Magistrate Judge Peebles discusses the status of this action with counsel, as well as the other two related actions 3:17-cv-283, Friedman v. Vulto Creamery, LLC, et al., and 3:17-cv-739, Ruppert, et al. v. Vulto Creamery LLC, et al.. The parties consent to all three cases being consolidated with 3:17-cv-283, Friedman v. Vulto Creamery LLC, et al., designated as the lead case while this action, 3:17-cv-738, Walsh v. Vulto Creamery, LLC, et al., and 3:17-cv-739, Ruppert, et al. v. Vulto Creamery LLC, et al., are designated as member cases. A text order consolidating these actions will be issued shortly. The following amended schedule is put in place: Joinder and amendment deadlines are set for 11/17/2017. Plaintiff's expert disclosure is due by 11/15/2017. Defendants' expert disclosure is due by 12/1/2017. Deadline for completion of Mandatory Mediation is set for 12/31/2017. Rebuttal expert reports are due by 1/15/2018. Completion of all discovery is due by 2/28/2017. Dispositive motions must be filed on or before 3/30/2018. Trial ready deadline is set for 8/6/2018. Jury trial is set for 9/11/2018 at 10:00 AM in Albany before Senior District Judge Thomas J. McAvoy. Next telephone conference is set for 1/9/2018 at 3:00 PM. Plaintiff's counsel is directed to initiate the call to Chambers. APP: Paul Nunes, Esq., William Marler, Esq.. and Faizan Habeeb, Esq.. (sal)
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| 14 |
Filed: 8/17/2017, Entered: 8/17/2017 |
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NOTICE of Appearance by James M. Skelly on behalf of Vulto Creamery, LLC (Attachments: # 1 Certificate of Service)(Skelly, James)
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Request |
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| 13 |
Filed: 8/17/2017, Entered: 8/17/2017 |
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TEXT ORDER : The in person Rule 16 Conference set for 10/6/2017 at 11:30 AM in Binghamton is adjourned without date. The deadline for filing a Civil Case Management Plan is stayed at this time. A Telephone Conference is set for 9/6/2017 at 3:00 PM. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 8/17/2017. (sal )
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| 12 |
Filed: 8/16/2017, Entered: 8/16/2017 |
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Verified ANSWER to 1 Complaint by Vulto Creamery, LLC. (Attachments: # 1 Certificate of Service)(Habeeb, Faizan)
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Request |
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| 11 |
Filed: 8/16/2017, Entered: 8/16/2017 |
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NOTICE of Appearance by Faizan T. Habeeb on behalf of Vulto Creamery, LLC (Attachments: # 1 Certificate of Service)(Habeeb, Faizan)
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Request |
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| 10 |
Filed: 8/15/2017, Entered: 8/15/2017 |
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TEXT ORDER : According to the docket sheet, the time for defendant to respond to plaintiff's complaint has expired. Plaintiff's counsel is directed to either file a request for clerk's entry of default or a status report in this matter on or before 8/18/2017. Authorized by Magistrate Judge David E. Peebles on 8/15/2017. (sal )
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| 9 |
Filed: 8/14/2017, Entered: 8/14/2017 |
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TEXT ONLY ORDER REASSIGNING CASE to Senior District Judge Thomas J. McAvoy for all further proceedings. District Judge Brenda K. Sannes no longer assigned to case; SO ORDERED - Authorized on 8/14/2017 by Sr. District Judge Thomas J. McAvoy (cml)
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| 8 |
Filed: 8/14/2017, Entered: 8/14/2017 |
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NOTICE by Kristine Walsh re 1 Complaint Notice of Related Cases (Nunes, Paul)
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Request |
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Filed: 8/1/2017, Entered: 8/1/2017 |
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***Answer due date updated for Vulto Creamery, LLC answer due 8/11/2017. (dpk)
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| 7 |
Filed: 7/31/2017, Entered: 7/31/2017 |
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AFFIDAVIT of Service for Secretary of State - Affidavit of Service served on Vulto Creamery, LLC on 7/20/17, filed by Kristine Walsh. (Nunes, Paul)
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Request |
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| 6 |
Filed: 7/17/2017, Entered: 7/17/2017 |
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TEXT ORDER granting 5 Motion for Limited Admission Pro Hac Vice of William Marler, Esq.. Authorized by Magistrate Judge David E. Peebles on 7/17/2017. (sal )
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| 5 |
Filed: 7/14/2017, Entered: 7/14/2017 |
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MOTION for Limited Admission Pro Hac Vice of William D. Marler Filing fee $100, receipt number 0206-4069102. filed by Kristine Walsh. (Attachments: # 1 Supplement Petition for Pro Hac Vice Admission, # 2 Affidavit Affidavit of Sponsor, # 3 Supplement Certificates of Good Standing and Oath, # 4 Supplement New Attorney E-Filing Registration Form, # 5 Supplement Proposed Pro Hace Vice Order) Motions referred to David E. Peebles. (Nunes, Paul)
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Request |
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| 4 |
Filed: 7/7/2017, Entered: 7/10/2017 |
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NOTICE of Admission Requirement as to Party Kristine Walsh; Attorney William D. Marler, Esq. Email address is bmarler@marlerclark.com. Phone number is 866-770-2032. Admissions due by 7/21/2017. (Emailed a copy of this notice and fillable admission forms to Attorney Marler on 7/7/2017.) (dpk)
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Filed: 7/7/2017, Entered: 7/10/2017 |
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TEXT NOTICE: Although the plaintiff herein has named John Does 1-10 in the Complaint, the Clerk's Office will not issue summonses for service of process on a "John Doe" defendant at this time. In the event plaintiff wishes to pursue the claims against those defendants, plaintiff shall take reasonable steps to ascertain their identities. When plaintiff determines the identity of the "John Doe" defendants, plaintiff may seek to amend the pleading to add the properly named defendants pursuant to FED. R. CIV. P. 15 and summons will be issued at that time. (dpk)
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Filed: 7/7/2017, Entered: 7/10/2017 |
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Notice re: Compliance with General Order #12: Pursuant to General Order #12, counsel is required to file the Notice of Related Case form as a separate document. Refer to the Court's website: www.nynd.uscourts.gov for further instructions. Counsel may access the fillable form using the following link: www.nynd.uscourts.gov/content/general-order-12 (dpk)
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| 3 |
Filed: 7/7/2017, Entered: 7/10/2017 |
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Summons Issued as to Vulto Creamery, LLC. (dpk)
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Request |
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| 2 |
Filed: 7/7/2017, Entered: 7/10/2017 |
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G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/6/2017 11:30 AM in Binghamton before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/29/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (dpk)
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Request |
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| 1 |
Filed: 7/7/2017, Entered: 7/10/2017 |
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COMPLAINT against John Does 1-3 and Vulto Creamery, LLC (Filing fee $400 receipt number 4062020) filed by Kristine Walsh. (Attachments: # 1 Civil Cover Sheet) (dpk)
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