Counter-Defendant: Anonymized Party [0ACB016], Anonymized Party [26336D0], Anonymized Party [2B08950], Anonymized Party [315BA07], Anonymized Party [3574BB3], Anonymized Party [46770A1], Anonymized Party [47A9CF1], Anonymized Party [56D6564], Anonymized Party [5A28E2D], Anonymized Party [644B69D], Anonymized Party [73843AA], Anonymized Party [752E2A2], Anonymized Party [81A8E58], Anonymized Party [8D3117E], Anonymized Party [944BB25], Anonymized Party [9BBCC2E], Anonymized Party [9C3C5EB], Anonymized Party [A19F3F1], Anonymized Party [AC4C4BF], Anonymized Party [AC5E68E], Anonymized Party [AD373BC], Anonymized Party [AD98E5A], Anonymized Party [B35BB0B], Anonymized Party [C25AC83], Anonymized Party [C8C64BA], Anonymized Party [CBA12C6], Anonymized Party [D32800B], Anonymized Party [DC5FA9F], Anonymized Party [E1062B0], Anonymized Party [F1990B7], Anonymized Party [F57BE5A], Anonymized Party [F9E8AB7], Anonymized Party [FCECAD1], Anonymized Party [FE7025D], ATS Beverage Inc., Beachstone Beverage Inc., Beca Beverage Inc., Bella Vita Bev Inc., Blizzard Beverage Inc., Boardwalk Beverage Inc., Bow Beverage Inc., Bronx Bull Beverage LLC, Cabanilla Corp., Circle Beverage Inc., Cool Springs Corp., Daisy Beverage Corp., DNV Beverage Inc., E & K Beverage Inc., Empire East Eide Beverage Inc. et al., Empire Eastside Beverage, Inc., F.Y.L Distributions Inc., Family Beverage Inc., Greenway Distributing Corp., Icon Beverage Inc., J & S Power Beverage Inc., Mari B Beverage Corp., Matco Distributors Inc., Midtown Muscle LLC, OMG Beverage Inc., One Drop Distributors Inc., Queensboro Beverages Inc., T & J Beverage Inc., Taste-D Beverage Inc., Thirsty City Beverage Inc., Twisted Distributors Inc., V & K Beverage Trading Inc., VAM Beverage Corp.
Plaintiff: Anonymized Party [0ACB016], Anonymized Party [26336D0], Anonymized Party [2B08950], Anonymized Party [315BA07], Anonymized Party [3574BB3], Anonymized Party [46770A1], Anonymized Party [47A9CF1], Anonymized Party [56D6564], Anonymized Party [5A28E2D], Anonymized Party [644B69D], Anonymized Party [73843AA], Anonymized Party [81A8E58], Anonymized Party [8D3117E], Anonymized Party [944BB25], Anonymized Party [9BBCC2E], Anonymized Party [9C3C5EB], Anonymized Party [A19F3F1], Anonymized Party [AC4C4BF], Anonymized Party [AC5E68E], Anonymized Party [AD373BC], Anonymized Party [AD98E5A], Anonymized Party [B35BB0B], Anonymized Party [C25AC83], Anonymized Party [C8C64BA], Anonymized Party [CBA12C6], Anonymized Party [D32800B], Anonymized Party [DC5FA9F], Anonymized Party [E1062B0], Anonymized Party [F1990B7], Anonymized Party [F57BE5A], Anonymized Party [F9E8AB7], Anonymized Party [FCECAD1], Anonymized Party [FE7025D], Brian Chan, Christopher Cabanilla, Chun H. Liu, Daniel Vaccaro, David Cheung, Dominick Celano, Dragan Radovich, Edward Cheung, Helen Dougherty, Jaroslaw Kuznicki, John Gilmore, John Scotto, Jose A Diaz, Kenny Yeung, Kevin Grande, Kien Lee, Lenny Cesare, Louis Distefano, Magdalena Cabanilla, Michael Radovich, Michael Taliercio, Peter Cheung, Philip Celano, Philip Cesare, Philip Marchese, Philippe Cabanilla, Robert Bush, Stephen Petroglia, Tim Chan, Tommy Peng, Vicki Peng, Victor Chamorro, Vincent Mustacchia
Counter-Claimant: Anonymized Party [0DA2E57], Anonymized Party [12D93EC], Anonymized Party [1EADB8A], Anonymized Party [2014B21], Anonymized Party [21FC5EB], Anonymized Party [33F3E84], Anonymized Party [752E2A2], Anonymized Party [D2A144F], Anonymized Party [F966AD0]
Defendant: Anonymized Party [0DA2E57], Anonymized Party [12D93EC], Anonymized Party [1EADB8A], Anonymized Party [2014B21], Anonymized Party [21FC5EB], Anonymized Party [33F3E84], Anonymized Party [752E2A2], Anonymized Party [D2A144F], Anonymized Party [F966AD0], Big Geyser, Inc., Dennis Tompkins, Eric Celt, Gerard A Reda, Kayte Mooney, Lewis Hershkowitz, Lynn Hershkowitz, Mike Wodiska, Ron Genovese, Steven Hershkowitz
MEMO ENDORSEMENT on MOTION TO WITHDRAW AS COUNSEL. ENDORSEMENT: So ordered. Granting 322 Motion to Withdraw as Attorney. Attorney Fatima M. Guillen-Walsh terminated. (Signed by Judge Andrew L. Carter, Jr on 3/25/2020) (rjm)
LETTER addressed to Judge Andrew L. Carter, Jr. from Stephen J. Brown and Susan E. Galvao dated March 11, 2020 re: Time Sensitivity of Court Approval of Settlement Agreement submitted by parties on March 2, 2020. Document filed by ATS Beverage Inc., Beachstone Beverage Inc., Beca Beverage Inc., Bella Vita Bev Inc., Blizzard Beverage Inc., Boardwalk Beverage Inc., Bow Beverage Inc., Bronx Bull Beverage LLC, F9E8AB7, 9C3C5EBilla Corp., 644B69DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, Circle Beverage Inc., Cool Springs Corp., DNV Beverage Inc., Daisy Beverage Corp., A19F3F1, AC5E68E, 47A9CF1, E & K Beverage Inc., Empire East Eide Beverage Inc. et al., Empire Eastside Beverage, Inc., F.Y.L Distributions Inc., Family Beverage Inc., 56D6564, CBA12C6, Greenway Distributing Corp., Icon Beverage Inc., J & S Power Beverage Inc., C25AC83, F1990B7, FE7025D, FCECAD1, Mari B Beverage Corp., Matco Distributors Inc., Midtown Muscle LLC, 944BB25, OMG Beverage Inc., One Drop Distributors Inc., DC5FA9F01616, 315BA07, Queensboro Beverages Inc., 81A8E58 26336D0, T & J Beverage Inc., B35BB0B, Taste-D Beverage Inc., Thirsty City Beverage Inc., 752E2A2, Twisted Distributors Inc., V & K Beverage Trading Inc., VAM Beverage Corp., 8D3117E, 46770A1.(Brown, Stephen)
JOINT LETTER addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher and Susan E. Galvao dated March 2, 2020 re: Motion to approve settlement. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Attachments: # 1 Affidavit Declaration in Further Support of Approval of Settlement of Susan E. Galvao, # 2 Text of Proposed Order Stipulation of Dismissal with Prejudice, # 3 Exhibit Settlement Agreements F9E8AB7, 9C3C5EB8E2DCC2E57BE5A, # 4 Exhibit Settlement Agreement 644B69D, AD373BCAD98E5A, C8C64BA950B08950, # 5 Exhibit Settlement Agreements 3574BB3FC4C4BFA3843AA, AC5E68E A19F3F1, # 6 Exhibit Settlement Agreements 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, # 7 Exhibit Settlement Agreements 944BB25, DC5FA9F016ACB016, 315BA07, 81A8E58, # 8 Exhibit Settlement Agreements E1062B0, 26336D0, B35BB0B, 8D3117E, 46770A1).(Brecher, Jeffrey)
MEMO ENDORSEMENT on re: 312 Status Report filed by 752E2A2, 33F3E84, 0DA2E57, 12D93EC, 1EADB8A, 21FC5EB, D2A144F, 2014B21, Big Geyser, Inc., F966AD0. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/31/2020) (rj)
JOINT LETTER MOTION to Stay in abeyance pending settlement addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher dated January 9, 2020. Document filed by Big Geyser, Inc..(Brecher, Jeffrey)
ORDER granting 307 Letter Motion for Extension of Time. So Ordered. (Cross Motions due by 1/31/2020. Motions due by 12/23/2019.) (Signed by Judge Andrew L. Carter, Jr on 12/13/19) (yv)
MEMO ENDORSED ORDER granting 303 Motion to Withdraw as Attorney. ENDORSEMENT: So Ordered. (Attorney Jessica Rose Schild terminated.) (Signed by Judge Andrew L. Carter, Jr on 12/13/19) (yv)
JOINT LETTER MOTION for Extension of Time to file motion for summary judgment and motion to exclude Plaintiffs' experts addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher dated 12/12/19. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB.(Brecher, Jeffrey)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/15/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: CONFERENCE held on 11/15/2019 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/27/2019. Redacted Transcript Deadline set for 1/6/2020. Release of Transcript Restriction set for 3/5/2020.(McGuirk, Kelly)
MOTION for Jessica Rose Schild to Withdraw as Attorney . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB.(Schild, Jessica)
ORDER granting 297 Letter Motion for Conference ; granting 298 Letter Motion for Conference. The Court will hold a pre-motion conference in this case on November 15, 2019, at 2 p.m., regarding Plaintiffs' anticipated motion for an Order granting a trial preference and Defendants' anticipated motions for summary judgment and to exclude testimony of Plaintiffs expert witnesses. ECF Nos. 297 & 298. The parties (and/or counsel) should appear in person in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY, on the date and time specified above. Pre-Motion Conference set for 11/15/2019 at 02:00 PM in Courtroom 1306, 40 Foley Square, New York, NY 10007 before Judge Andrew L. Carter Jr.. (Signed by Judge Andrew L. Carter, Jr on 11/4/2019) (rj)
LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao dated October 22, 2019 re: 297 LETTER MOTION for Conference relating to Defendants' anticipated motion for summary judgment addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher dated October 15, 2019. . Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Galvao, Susan)
LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao dated October 22, 2019 re: 298 LETTER MOTION for Conference regarding Defendants' anticipated motion to exclude testimony of Plaintiffs' expert witnesses, Douglas C. Miller and Kevin M. Flaherty addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher da . Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Galvao, Susan)
LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao dated October 17, 2019 re: 298 LETTER MOTION for Conference regarding Defendants' anticipated motion to exclude testimony of Plaintiffs' expert witnesses, Douglas C. Miller and Kevin M. Flaherty addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher da, 297 LETTER MOTION for Conference relating to Defendants' anticipated motion for summary judgment addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher dated October 15, 2019. . Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Galvao, Susan)
LETTER MOTION for Conference regarding Defendants' anticipated motion to exclude testimony of Plaintiffs' expert witnesses, Douglas C. Miller and Kevin M. Flaherty addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher dated October 15, 2019. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB.(Brecher, Jeffrey)
LETTER MOTION for Conference relating to Defendants' anticipated motion for summary judgment addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher dated October 15, 2019. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB.(Brecher, Jeffrey)
LETTER REPLY to Response to Motion addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao and Stephen J. Brown dated July 5, 2019 re: 294 LETTER MOTION for Conference to schedule trial date and trial preference of action addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao dated June 28, 2019. Plaintiffs' Response Letter to Brecher Reply dated July 3, 2019. Document filed by ATS Beverage Inc., Beachstone Beverage Inc., Beca Beverage Inc., Bella Vita Bev Inc., Blizzard Beverage Inc., Boardwalk Beverage Inc., Bow Beverage Inc., Bronx Bull Beverage LLC, F9E8AB7, 9C3C5EBilla Corp., 644B69DAA, AD373BCAA, C8C64BA9508950, 3574BB3FFAAA, Circle Beverage Inc., Cool Springs Corp., DNV Beverage Inc., Daisy Beverage Corp., A19F3F1, AC5E68E, E & K Beverage Inc., Empire East Eide Beverage Inc. et al., Empire Eastside Beverage, Inc., F.Y.L Distributions Inc., Family Beverage Inc., 56D6564, CBA12C6, Greenway Distributing Corp., Icon Beverage Inc., J & S Power Beverage Inc., C25AC83, F1990B7, FE7025D, FCECAD1, Mari B Beverage Corp., Matco Distributors Inc., Midtown Muscle LLC, 944BB25, OMG Beverage Inc., One Drop Distributors Inc., DC5FA9F01616, 315BA07, Queensboro Beverages Inc., 81A8E58 26336D0, T & J Beverage Inc., B35BB0B, Taste-D Beverage Inc., Thirsty City Beverage Inc., Twisted Distributors Inc., VAM Beverage Corp., 8D3117E, 46770A1. (Attachments: # 1 Exhibit Ex A - Email from Defendant Jerry 0DA2E57 dated 2.11.2017, # 2 Exhibit Ex B - Email from Defendant Jerry 0DA2E57 dated 1.20.2017, # 3 Exhibit Ex C - Defendant 2014B21 Social Media Posts)(Galvao, Susan)
LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher dated 7/3/2019 re: 294 LETTER MOTION for Conference to schedule trial date and trial preference of action addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao dated June 28, 2019. . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
STIPULATION OF VOLUNTARY DISMISSAL OF PLAINTIFF D32800B CLAIMS AND DEFENDANTS' COUNTERCLAIMS AGAINST D32800B AND V&K BEVERAGE TRADING INC. PURSUANT TO F.R.C.P. 41: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff D32800B and Counterclaim Defendant V&K Beverage Inc. (collectively "Plaintiff") and Defendants Big Geyser, Inc., D2A144F, 0DA2E57, F966AD0, Steve Hershkowitz, 1EADB8A, 33F3E84, 21FC5EB, 2014B21 and 752E2A2 (collectively "Defendants," together with "Plaintiff" "the Parties"), through their undersigned counsel, that pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the claims of Plaintiff D32800B in the above-captioned action (including any claims for attorneys' fees or costs) and the counterclaims of Defendants (including any claims for attorneys' fees or costs) against D32800B and V&K Beverage Inc. are all voluntarily dismissed, without prejudice. This stipulation of dismissal does not involve the settlement of any claims brought by either party against the other. SO ORDERED., V & K Beverage Trading Inc., D32800B and D32800B terminated. (Signed by Judge Andrew L. Carter, Jr on 5/15/2019) (rj)
STIPULATION OF VOLUNTARY DISMISSAL OF PLAINTIFF 47A9CF1 CLAIMS AND DEFENDANTS' COUNTERCLAIMS AGAINST 47A9CF1: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff 47A9CF1 ("Plaintiff") and Defendants Big Geyser, Inc., D2A144F, Getard 0DA2E57, F966AD0EADB8A, 33F3E84, 21FC5EB, 2014B21 and 752E2A2 (collectively "Defendants," together with "Plaintiff" "the Parties"), through their undersigned counsel, that pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the claims of Plaintiff 47A9CF1 in the above- captioned action (including any claims for attorneys' fees or costs) and the counterclaims of Defendants (including any claims for attorneys' fees or costs) against 47A9CF1 are all voluntarily dismissed, without prejudice. This stipulation of dismissal does not involve the settlement of any claims brought by either party against the other. SO ORDERED., 47A9CF1, 47A9CF1, 47A9CF1, 47A9CF1 and 47A9CF1 terminated. (Signed by Judge Andrew L. Carter, Jr on 5/15/2019) (rj)
MEMORANDUM OF LAW in Opposition re: 284 MOTION to Dismiss . . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
DECLARATION of Jeffrey W Brecher in Opposition re: 284 MOTION to Dismiss .. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brecher, Jeffrey)
LETTER MOTION for Extension of Time to File Answer re: 283 Answer to Amended Complaint, Counterclaim,,,,,,,,,, (on remaining allegations and counterclaims not otherwise subject to Plaintiffs' Motion to Dismiss dated April 25, 2019 [ECF Docs. 284 - 286] addressed to Judge Andrew L. Carter, Jr. from Stephen J. Brown dated April 25, 2019. Document filed by ATS Beverage Inc., Beachstone Beverage Inc., Beca Beverage Inc., Bella Vita Bev Inc., Blizzard Beverage Inc., Boardwalk Beverage Inc., Bow Beverage Inc., Bronx Bull Beverage LLC, F9E8AB7, 9C3C5EBilla Corp., 644B69DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, Circle Beverage Inc., Cool Springs Corp., DNV Beverage Inc., Daisy Beverage Corp., A19F3F1, AC5E68E, 47A9CF1, E & K Beverage Inc., Empire East Eide Beverage Inc. et al., Empire Eastside Beverage, Inc., F.Y.L Distributions Inc., Family Beverage Inc., 56D6564, CBA12C6, Greenway Distributing Corp., Icon Beverage Inc., J & S Power Beverage Inc., C25AC83, F1990B7, FE7025D, FCECAD1, Mari B Beverage Corp., Matco Distributors Inc., Midtown Muscle LLC, 944BB25, OMG Beverage Inc., One Drop Distributors Inc., DC5FA9F01616, 315BA07, Queensboro Beverages Inc., 81A8E58 26336D0, T & J Beverage Inc., B35BB0B, Taste-D Beverage Inc., Thirsty City Beverage Inc., Twisted Distributors Inc., V & K Beverage Trading Inc., VAM Beverage Corp., 8D3117E, 46770A1.(Brown, Stephen)
Set/Reset Deadlines: Big Geyser, Inc. answer due 4/11/2019; 1EADB8A answer due 4/11/2019; 33F3E84 answer due 4/11/2019; D2A144F answer due 4/11/2019; F966AD0 answer due 4/11/2019; 2014B21 answer due 4/11/2019; 752E2A2 answer due 4/11/2019; 21FC5EB answer due 4/11/2019. Responses due by 5/9/2019 Replies due by 5/16/2019. (rj)
ORDER denying as moot 135 Motion to Dismiss; granting 214 Letter Motion for Extension of Time( Motions due by 4/25/2019.); granting 223 Letter Motion for Leave to File Document; granting 275 Letter Motion for Leave to File Document. Accordingly, Plaintiffs' request is GRANTED and the Court sets the following briefing schedule: Defendants' Amended Answer: April 11, 2019 Plaintiffs' Motion to Dismiss Counterclaims: April 25, 2019 Defendants' Opposition: May 09, 2019 Plaintiffs' Reply, if any: May 16, 2019. Considering this Order, Plaintiffs' Motion to Dismiss Defendants' Counterclaim (ECF No. 135) is DENIED as moot. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/25/2019) (rj)
LETTER REPLY to Response to Motion addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao dated March 18, 2019 re: 275 LETTER MOTION for Leave to File Second Amended Complaint - ECF No. 200 addressed to Judge Andrew L. Carter, Jr. from Adam Rodriguez, Esq. dated 3/12/19. . Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Galvao, Susan)
LETTER addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher dated March 15, 2019 re: Response to Plaintiffs' Letter dated March 13, 2019. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Attachments: # 1 Exhibit)(Brecher, Jeffrey)
ORDER denying 277 Letter Motion for Conference. The parties are directed to schedule Dr. Guryan's deposition at the earliest possible date available for all parties. Upon application from the parties, the Court will extend the deadline for expert discovery to that date. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao dated March 14, 2019 re: 277 LETTER MOTION for Conference (telephonic) addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher, Esq. dated March 14, 2019. . Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BC, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Galvao, Susan)
LETTER MOTION for Conference (telephonic) addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher, Esq. dated March 14, 2019. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Attachments: # 1 Exhibit)(Brecher, Jeffrey)
ORDER: The Court is in receipt of Plaintiffs' March 12, 2019 letter requesting the Court to: (1) accept the Second Amended Complaint (ECF No. 200) as the operative pleading in this case and as timely filed as of September 13, 2018; and (2) provide a short schedule for Defendants to file their amended answer to the SAC and for Plaintiffs to file any response to Defendants' counterclaims in that amended answer. ECF. No. 275. Accordingly, it is hereby ordered that Defendants shall file a response to Plaintiffs' March 12, 2019 letter by March 15, 2019. SO ORDERED., ( Responses due by 3/15/2019) (Signed by Judge Andrew L. Carter, Jr on 3/13/2019) (ama)
Set/Reset Deadlines: Expert Discovery due by 3/15/2019. (ras)
273
Filed: 2/15/2019, Entered: 2/15/2019
ORDER granting 272 Letter Motion for Extension of Time to Complete Discovery. All expert discovery shall be completed by Friday, March 15, 2019. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (ras)
LETTER MOTION for Extension of Time to Complete Discovery (expert depositions) addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher, Esq. dated February 14, 2019. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. Return Date set for 3/15/2019 at 05:00 PM.(Brecher, Jeffrey)
NOTICE OF APPEARANCE by Jessica Rose Schild on behalf of Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Schild, Jessica)
ORDER granting 268 Letter Motion for Extension of Time, The Court extends the deadlines for expert discovery by ten (10) days. Accordingly, the disclosure of expert evidence intended by a party solely to contradict or rebut expert evidence on the same subject matter disclosed by the opposing party shall be made by Monday, February 11, 2019. All expert discovery shall be completed by Monday, March 11, 2019. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher dated January 30, 2019 re: 268 LETTER MOTION for Extension of Time for Expert Rebuttal deadline addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao dated January 25, 2019. . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a hearing proceeding held on 12/11/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: hearing held on 12/11/2018 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/31/2019. Redacted Transcript Deadline set for 2/11/2019. Release of Transcript Restriction set for 4/10/2019.(McGuirk, Kelly)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 12/11/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: HEARING held on 12/11/2018 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/29/2019. Redacted Transcript Deadline set for 2/8/2019. Release of Transcript Restriction set for 4/8/2019.(McGuirk, Kelly)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 11/19/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: conference held on 11/19/2018 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/29/2019. Redacted Transcript Deadline set for 2/8/2019. Release of Transcript Restriction set for 4/8/2019.(McGuirk, Kelly)
LETTER addressed to Magistrate Judge Sarah Netburn from Brendan Sweeney dated 1/4/2019 re: Status Report. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB.(Sweeney, Brendan)
ORDER: An evidentiary hearing is scheduled for Tuesday, December 11, 2018, at 10:00 a.m., in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York...Should the parties resolve this dispute, they must immediately notify the Court and the hearing will be adjourned. (Evidentiary Hearing set for 12/11/2018 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 12/6/2018) (ras)
LETTER addressed to Magistrate Judge Sarah Netburn from Stephen J. Brown dated November 30, 2018 re: Supplemental Declaration in connection with Joint Letter filed on November 28, 2018 (ECF No. 258). Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Attachments: # 1 Supplement Supplemental Declaration, # 2 Exhibit Exhibit A to Suppl. Decl.)(Brown, Stephen)
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao dated November 28, 2018 re: Status of Parties efforts pursuant to Court's Nov. 19 directive to resolve dispute surrounding Defendants' production of certain database information responsive to Plaintiffs' Amended Document Requests 8 and 9 as directed by the Court in its October 16, 2018 Order (ECF No. 231). Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1.(Galvao, Susan)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 11/19/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: CONFERENCE held on 11/19/2018 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/19/2018. Redacted Transcript Deadline set for 12/31/2018. Release of Transcript Restriction set for 2/26/2019.(McGuirk, Kelly)
ORDER denying 242 Motion for Reconsideration. Defendants' request for leave to file a motion for reconsideration, or alternatively, for the Court to amend its October 16 Order, is DENIED. Defendants have failed to establish a need to correct a clear error or prevent manifest injustice. The Court respectfully directs the Clerk of Court to terminate the motion at ECF No. 242. (Signed by Magistrate Judge Sarah Netburn on 11/26/2018) (ras)
OPINION & ORDER: Defendants shall remove the improper redactions in the 11 exemplars and in all other similarly redacted materials. As a general matter, statements that discuss how Big Geyser should manage its managers, employees, and suppliers in the wake of Plaintiffs' litigation will not be protected by work product immunity. Although these statements are broadly concerned with Plaintiffs' lawsuit, they do not analyze the likely outcome of the litigation or reveal Defendants' legal strategy. Defendants shall produce the corrected versions to Plaintiffs, and any other documents consistent with this ruling, within 14 days of this Order. (Signed by Magistrate Judge Sarah Netburn on 11/21/2018) (ras) Modified on 11/21/2018 (ras). (Main Document 254 replaced on 11/21/2018) (ras).
ORDER: For the reasons stated on the record during today's conference, the Court amends the deadlines for expert discovery as follows: Disclosure of expert evidence as required by Rule 26(a)(2)(A), (B), or (C), including the identities and reports of experts, if any, shall be made by January 12, 2019. The disclosure of expert evidence intended by a party solely to contradict or rebut expert evidence on the same subject matter disclosed by the opposing party shall be made by January 31, 2019. All expert discovery shall be completed by February 28, 2019. No further extensions will be granted. (Signed by Magistrate Judge Sarah Netburn on 11/19/2018) (ras)
LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Frank Ballatore Declaration in Reply/Further Support of Plaintiffs' Motion for Discovery dated November 18, 2018 re: 245 LETTER MOTION for Discovery Pre Motion Request for Conference on Discovery Motion to Compel addressed to Magistrate Judge Sarah Netburn from Stephen J. Brown dated November 7, 2018. . Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Galvao, Susan)
ORDER deferring ruling 246 Letter Motion for Extension of Time. The Court will evaluate Plaintiffs' request for an extension of time to file expert reports in conjunction with the other outstanding discovery disputes, which will be addressed at the conference on November 19, 2018. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher, Esq. dated November 15, 2018 re: 246 LETTER MOTION for Extension of Time of Expert Discovery deadlines addressed to Magistrate Judge Sarah Netburn from Stephen J. Brown dated November 11, 2018. . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
AMENDED SCHEDULING ORDER: The conference currently scheduled for Friday, November 16, 2018, at 11:30 a.m. is hereby RESCHEDULED for Monday, November 19, 2018, at 11:30 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. (Discovery Hearing set for 11/19/2018 at 11:30 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 11/14/2018) (ras)
Set/Reset Hearings: Discovery Hearing set for 11/16/2018 at 11:30 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. (ras)
248
Filed: 11/13/2018, Entered: 11/13/2018
ORDER granting 245 Letter Motion for Discovery Conference. A discovery conference is scheduled for Friday, November 16, 2018, at 11:30 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. If this date is unavailable for any party, they must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
LETTER addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher, Esq. dated November 12, 2018 re: in response to Plaintiffs' November 7, 2018 letter. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brecher, Jeffrey)
LETTER MOTION for Discovery Pre Motion Request for Conference on Discovery Motion to Compel addressed to Magistrate Judge Sarah Netburn from Stephen J. Brown dated November 7, 2018. Document filed by ATS Beverage Inc., Beachstone Beverage Inc., Beca Beverage Inc., Bella Vita Bev Inc., Blizzard Beverage Inc., Boardwalk Beverage Inc., Bow Beverage Inc., Bronx Bull Beverage LLC, F9E8AB7, 9C3C5EBilla Corp., 644B69DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, Circle Beverage Inc., Cool Springs Corp., DNV Beverage Inc., Daisy Beverage Corp., A19F3F1, AC5E68E, 47A9CF1, E & K Beverage Inc., Empire East Eide Beverage Inc. et al., Empire Eastside Beverage, Inc., F.Y.L Distributions Inc., Family Beverage Inc., 56D6564, CBA12C6, Greenway Distributing Corp., Icon Beverage Inc., J & S Power Beverage Inc., C25AC83, F1990B7, FE7025D, FCECAD1, Mari B Beverage Corp., Matco Distributors Inc., Midtown Muscle LLC, 944BB25, OMG Beverage Inc., One Drop Distributors Inc., DC5FA9F01616, 315BA07, Queensboro Beverages Inc., 81A8E58 26336D0, T & J Beverage Inc., B35BB0B, Taste-D Beverage Inc., Thirsty City Beverage Inc., 752E2A2, Twisted Distributors Inc., V & K Beverage Trading Inc., VAM Beverage Corp., 8D3117E, 46770A1. (Attachments: # 1 Exhibit A to Letter Motion - July 6, 2018 Formal Demand, # 2 Exhibit B to Letter Motion - September 4, 2018 Email Exchange etc, # 3 Exhibit C to Letter Motion - October 31, 2018, Email Exchange etc)(Brown, Stephen)
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Stephen J. Brown dated November 1, 2018 re: 242 MOTION for Reconsideration re; 231 Order on Motion for Discovery,,, . . Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Brown, Stephen)
MEMO ENDORSEMENT on re: 241 Letter, filed by C8C64BA, E1062B0, 644B69D, 8D3117E, Queensboro Beverages Inc., 73843AA, AD373BC, C25AC83, Twisted Distributors Inc., 9BBCC2E, Beachstone Beverage Inc., 944BB25, 2B08950, AC5E68E, F1990B7, 5A28E2D, Matco Distributors Inc., Boardwalk Beverage Inc., OMG Beverage Inc., E & K Beverage Inc., Daisy Beverage Corp., Empire East Eide Beverage Inc. et al., Midtown Muscle LLC, Cabanilla Corp., One Drop Distributors Inc., Family Beverage Inc., Empire Eastside Beverage, Inc., DC5FA9F, 752E2A2, VAM Beverage Corp., 315BA07, T & J Beverage Inc., ATS Beverage Inc., V & K Beverage Trading Inc., 9C3C5EB, Icon Beverage Inc., Bronx Bull Beverage LLC, J & S Power Beverage Inc., 46770A1, CBA12C6, Thirsty City Beverage Inc., FCECAD1, DNV Beverage Inc., 47A9CF1, 3574BB3, Circle Beverage Inc., Bella Vita Bev Inc., AD98E5A, 0ACB016, Mari B Beverage Corp., AC4C4BF, Greenway Distributing Corp., B35BB0B, F57BE5A, 81A8E58, Blizzard Beverage Inc., Beca Beverage Inc., Bow Beverage Inc., D32800B, F.Y.L Distributions Inc., 26336D0, 56D6564, F9E8AB7, FE7025D, Taste-D Beverage Inc., A19F3F1, Cool Springs Corp. ENDORSEMENT: The parties' request is GRANTED. The Court does not anticipate granting any further extensions of the fact discovery deadline. The deadlines for expert discovery set in the Court's September 25 Endorsed Order remain in effect. The parties are directed to meet and confer in good faith before requesting the Court's intervention. (Signed by Magistrate Judge Sarah Netburn on 10/29/2018) (ras)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Reconsideration re; 231 Order on Motion for Discovery . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB.(Brecher, Jeffrey) Modified on 11/29/2018 (db).
ORDER granting 225 Letter Motion for Discovery. By October 26, 2018, Defendants shall provide the Court, ex parte and for in camera review, with unredacted copies of the 11 exemplars and a copy of the October 2, 2018, which the Court understands to be the operative privilege log. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
ORDER granting in part and denying in part 219 Letter Motion for Discovery; terminating 226 Letter Motion for Discovery; terminating 227 Letter Motion for Discovery. Defendants' request for relief is GRANTED in part and DENIED in part. Defendants are permitted to depose Angel Rivera, but they are not permitted to depose Paul Ortiz. Further, Plaintiffs shall provide Defendants with Mr. Rivera's address and telephone number if Plaintiffs possess that information and/or facilitate his appearance at a deposition to occur no later than November 2, 2018. The Clerk of Court is respectfully requested to terminate the motions at ECF Nos. 219, 226, and 227. (Signed by Magistrate Judge Sarah Netburn on 10/22/2018) (ras)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 9/7/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: conference held on 9/7/2018 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/9/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/17/2019.(McGuirk, Kelly)
LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Brendan Sweeney, Esq. dated 10/16/2018 re: 225 LETTER MOTION for Discovery seeking In Camera review of sample of redacted documents addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao dated October 11, 2018. . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
ORDER denying without prejudice 177 Motion to Dismiss. As discussed on the record today, defendants' motion is DENIED without prejudice. Based on the record before the Court, the motion is not well brought. Of the 19 plaintiffs subject to this motion, one will supplement his discovery shortly, five have failed to produce a fraction of their tax returns despite reasonable efforts and defendants have otherwise received significant production of their returns. For the remaining 13 plaintiffs subject to this motion, there are no returns to be produced. To the extent defendants believe they have a basis to move for summary judgment on this record, they may renew the arguments raised in this motion without prejudice. All other requests for relief are denied. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
Filed: 10/16/2018, Entered: 10/16/2018
***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 232 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Andrew L. Carter, Jr. for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt)
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by D2A144F 752E2A2, 1EADB8A, 21FC5EB, 33F3E84, 2014B21, 0DA2E57, 12D93EC, Big Geyser, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Brecher, Jeffrey)
ORDER granting in part and denying in part 215 Letter Motion for Discovery. Plaintiffs' request for relief is GRANTED in part and DENIED in part. Within ten (10) business days from the date of this Order, Big Geyser is ORDERED to produce or make otherwise available to Plaintiffs so much of its electronic database as is responsive to Amended Document Requests 8 and 9. The subpoenas issued upon Credit Suisse, Cardinal Health, and Memorial Sloan Kettering Hospital shall be immediately withdrawn and/or quashed. The subpoena issued upon Paychex shall be modified to seek only the information sought in paragraph 2. All other requests for information are struck. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 215. (Signed by Magistrate Judge Sarah Netburn on 10/16/2018) (ras)
***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 230 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Andrew L. Carter, Jr. for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Defendants and with costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by D2A144F 752E2A2, 1EADB8A, 21FC5EB, 33F3E84, 2014B21, 0DA2E57, 12D93EC, Big Geyser, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Brecher, Jeffrey)
AMENDED ORDER: The telephone conference set for Monday, October 15, 2018, is RESCHEDULED to Tuesday, October 16, 2018, at 4:00 p.m. The purpose of the telephone conference is to discuss the defendants August 8, 2018 Motion to Dismiss. With all parties on the line, the parties shall call Chambers at (212) 805-0286. The deadline for plaintiffs' opposition to this motion is stayed pending further Court order. The parties should be prepared to discuss the impact of plaintiffs' counsel's representation that no party has withheld tax returns and that all available tax returns have been produced after a good faith search. So Ordered ( Telephone Conference set for 10/16/2018 at 04:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 10/15/2018) (js)
MEMO ENDORSEMENT on re: 221 Letter,, filed by 0ACB016, C8C64BA, AC4C4BF, B35BB0B, F57BE5A, 81A8E58, 9C3C5EB, E1062B0, 644B69D, 8D3117E, D32800B, 46770A1, CBA12C6, 26336D0, DC5FA9F, FCECAD1, 47A9CF1, 56D6564, 73843AA, AD373BC, F9E8AB7, 3574BB3, FE7025D, 9BBCC2E, 944BB25, 2B08950, AC5E68E, 315BA07, A19F3F1, F1990B7, 5A28E2D. ENDORSEMENT: The parties shall jointly call the Court on Monday, October 15, 2018, at 4:00 p.m. to discuss the defendants' August 8, 2018 Motion to Dismiss. With all parties on the line, they shall call (212) 805-0286. The deadline for plaintiffs' opposition to this motion is stayed pending further Court order. The parties should be prepared to discuss the impact of plaintiffs' counsel's representation that no party has withheld tax returns and that all available tax returns have been produced after a good faith search. (Telephone Conference set for 10/15/2018 at 04:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 10/12/2018) (ras)
LETTER MOTION for Discovery in response to Defendants' request to reopen discovery [Docket No. 219] addressed to Magistrate Judge Sarah Netburn from Stephen J. Brown dated October 12, 2018. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1.(Galvao, Susan)
LETTER MOTION for Discovery in response to Defendants request to reopen discovery addressed to Magistrate Judge Sarah Netburn from Stephen J. Brown dated October 12, 2018. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1.(Galvao, Susan)
LETTER MOTION for Discovery seeking In Camera review of sample of redacted documents addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao dated October 11, 2018. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Attachments: # 1 Exhibit Exhibits 1 - 11 (Filed separately due to Confidentiality Order), # 2 Exhibit Exhibit 12 (Privilege Log))(Galvao, Susan)
LETTER MOTION for Leave to File Response to Defendants' Objections to SAC which are due October 19, 2018 addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao dated October 9, 2018. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Attachments: # 1 Exhibit Redlined Second Amended Complaint)(Galvao, Susan)
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Stephen J. Brown dated October 8, 2018 re: Court Order dated Aug. 21, 2018 (Docket No. 189). Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BC, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1.(Galvao, Susan)
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Brendan Sweeney dated October 5, 2018 re: 215 LETTER MOTION for Discovery Disputes addressed to Magistrate Judge Sarah Netburn from Stephen J. Brown dated October 2, 2018. . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Attachments: # 1 Exhibit A to Response to Plaintiffs' Letter Motion re Discovery Disputes, # 2 Exhibit B to Response to Plaintiffs' Letter Motion re Discovery Disputes, # 3 Exhibit C to Response to Plaintiffs' Letter Motion re Discovery Disputes, # 4 Exhibit D to Response to Plaintiffs' Letter Motion re Discovery Disputes)(Sweeney, Brendan)
LETTER MOTION for Discovery addressed to Magistrate Judge Sarah Netburn from Alex Villanella, Esq. dated October 9, 2018. Document filed by 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB.(Villanella, Alessandro)
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 220 Letter Response) - LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Brendan Sweeney dated October 5, 2018 re: 215 LETTER MOTION for Discovery Disputes addressed to Magistrate Judge Sarah Netburn from Stephen J. Brown dated October 2, 2018. . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Attachments: # 1 Exhibit Exhibit A to Response to Plaintiffs' Letter Motion re Discovery Disputes, # 2 Exhibit Exhibit B to Response to Plaintiffs' Letter Motion re Discovery Disputes, # 3 Exhibit Exhibit C to Response to Plaintiffs' Letter Motion re Discovery Disputes, # 4 Exhibit Exhibit D to Response to Plaintiffs' Letter Motion re Discovery Disputes)(Sweeney, Brendan) Modified on 10/9/2018 (db).
LETTER REPLY to Response to Motion addressed to Judge Andrew L. Carter, Jr. from Stephen J. Brown dated October 5, 2018 re: 214 LETTER MOTION for Extension of Time to Respond to newly-pleaded Counterclaims addressed to Judge Andrew L. Carter, Jr. from Stephen J. Brown dated October 2, 2018. . Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Galvao, Susan)
LETTER addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Breher, Esq. dated October 4, 2018 re: response to plaintiffs' letter dated 10-4-18. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB.(Brecher, Jeffrey)
LETTER MOTION for Extension of Time to Respond to newly-pleaded Counterclaims addressed to Judge Andrew L. Carter, Jr. from Stephen J. Brown dated October 2, 2018. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1.(Galvao, Susan)
ORDER with respect to 201 Letter Motion for Leave to File Document. Plaintiff is hereby ordered to file a red-lined version of the SAC for this Court's review by October 9, 2018. Defendants shall respond with any objections by October 19, 2018. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/1/2018) (anc)
MEMO ENDORSEMENT on re: 211 Status Report filed by 752E2A2, 33F3E84, 0DA2E57, 12D93EC, 1EADB8A, 21FC5EB, D2A144F, 2014B21, Big Geyser, Inc., F966AD0. ENDORSEMENT: The parties' request is GRANTED. The Court extends the fact discovery deadline until October 31, 2018, for the limited purpose of allowing the parties to identify and respond to documents and information that have been requested in depositions but have not been produced. The parties must raise any discovery disputes with the Court well before the deadline. In addition, disclosure of expert evidence as required by Rule 26(a)(2)(A), (B), or (C), including the identities and reports of experts, if any, shall be made by November 30, 2018. The disclosure of expert evidence intended by a party solely to contradict or rebut expert evidence on the same subject matter disclosed by the opposing party shall be made by December 17, 2018. All expert discovery shall be completed by January 15, 2019. (Signed by Magistrate Judge Sarah Netburn on 9/25/2018) (ras)
ORDER granting 197 Letter Motion for Discovery. On January 29, 2018, the Court set a pretrial discovery schedule and authorized that the plaintiffs conduct "up to 10 depositions," unless the Court ordered otherwise. Rather than seek leave to take 12 depositions, the plaintiffs simply noticed two additional depositions. And rather than consent to this modification, the defendants have objected to the notices (or consented to only two-hour depositions each). Had leave been sought, it would have been granted, and the Court grants such relief now despite the above. The plaintiffs may conduct two seven-hour depositions of the noticed non-parties by October 12, 2018. Fact discovery must otherwise be completed by October 1, 2018. Defendants raise ancillary issues related to the professional conduct of plaintiffs' counsel, but do not appear to seek any relief. The parties are, of course, reminded of their obligations to act ethically and be bound by the Rules of Professional Conduct, including in their interactions with one another. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
NOTICE OF APPEARANCE by Fatima M. Guillen-Walsh on behalf of Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Guillen-Walsh, Fatima)
LETTER REPLY to Response to Motion addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao dated September 19, 2018 re: 201 LETTER MOTION for Leave to File RE-FILE Second Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao dated September 14, 2018. . Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Galvao, Susan)
LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao dated September 19, 2018 re: 197 LETTER MOTION for Discovery (Two Non-Party Depositions) addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao dated September 12, 2018. . Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Galvao, Susan)
LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher dated 9/18/18 re: 201 LETTER MOTION for Leave to File RE-FILE Second Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao dated September 14, 2018. . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
ORDER re: 201 LETTER MOTION for Leave to File RE-FILE Second Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao dated September 14, 2018. filed by C8C64BA, 9C3C5EB, E1062B0, 644B69D, 8D3117E, 46770A1, CBA12C6, FCECAD1, 47A9CF1, 73843AA, AD373BC, 3574BB3, 9BBCC2E, 944BB25, 2B08950, AC5E68E, F1990B7, 5A28E2D, AD98E5A, 0ACB016, AC4C4BF, F57BE5A, B35BB0B, 81A8E58, D32800B, 26336D0, DC5FA9F, 56D6564, F9E8AB7, FE7025D, 315BA07, A19F3F1. This Court is in receipt of Plaintiffs letter motion (1) seeking leave to re-file their SecondAmended Complaint following notification of a technical deficiency in the electronic filing, and (2) requesting that the Court deem the pleading to have been filed when due, on September 13, 2018.(ECF No. 201.) Defendants shall respond stating their position by 4:00 p.m. today, September 18, 2018. SO ORDERED. (Responses due by 9/18/2018) (Signed by Judge Andrew L. Carter, Jr on 9/18/2018) (jca)
ORDER: This Court is in receipt of Plaintiff's letter motion (1) seeking leave to re-file their Second Amended Complaint following notification of a technical deficiency in the electronic filing, and (2) requesting that the Court deem the pleading to have been filed when due, on September 13, 2018. (ECF No. 201.) Defendants shall respond stating their position by 4:00 p.m. today, September 18, 2018. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/18/2018) (rj)
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Jeffrey Brecher dated 9/17/2018 re: 197 LETTER MOTION for Discovery (Two Non-Party Depositions) addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao dated September 12, 2018. . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
LETTER MOTION for Leave to File RE-FILE Second Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao dated September 14, 2018. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1.(Galvao, Susan)
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stephen Joseph Brown to RE-FILE Document No. 200 Amended Complaint,,,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading; 56D6564 and Michael Talicercio are not included in the amended complaint caption title. The amended complaint was incorrectly filed on the due date so permission from Chambers will have to be acquired for the correctly filed amended complaint to be accepted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao dated September 7, 2018 re: 193 LETTER MOTION for Discovery (anticipated motion to quash subpoenas) addressed to Magistrate Judge Sarah Netburn from Jeffrey Brecher dated 9/5/2018. CORRECTED LETTER. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Galvao, Susan)
LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao dated September 7, 2018 re: 193 LETTER MOTION for Discovery (anticipated motion to quash subpoenas) addressed to Magistrate Judge Sarah Netburn from Jeffrey Brecher dated 9/5/2018. . Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Galvao, Susan)
ORDER granting 193 Letter Motion for Discovery. The plaintiffs are temporarily barred from serving additional subpoenas on defendants' suppliers and other similar non-parties. The plaintiffs may file a response to defendants' letter by 10:00 a.m., Friday, September 7, 2018. The parties shall appear that same day at 4:30, in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, to address this dispute. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
LETTER MOTION for Discovery (anticipated motion to quash subpoenas) addressed to Magistrate Judge Sarah Netburn from Jeffrey Brecher dated 9/5/2018. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Attachments: # 1 Exhibit 1)(Brecher, Jeffrey)
ORDER granting in part and denying in part 167 Letter Motion for Conference. Both parties' requests for pre-motion conferences are DENIED and requests to amend and supplement their complaints as elucidated in their pre-motion conference letters are GRANTED. The parties shall file their amended complaints and counter-claims by September 13, 2018. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/30/2018) (anc)
OPINION AND ORDER: re: 37 MOTION to Dismiss filed by 752E2A2, 33F3E84, 0DA2E57, 12D93EC, 1EADB8A, 21FC5EB, D2A144F, 2014B21, Big Geyser, Inc., F966AD0. For the foregoing reasons, Defendants' motion to dismiss is GRANTED in part and DENIED in part. The Clerk of Court is kindly requested to terminate the motion at ECF No. 37. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/30/2018) (ama)
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Particular Motion: Motion to Dismiss Plaintiffs who have Failed to Comply with the Court's Discovery Orders (ECF No. 177). Referred to Magistrate Judge Sarah Netburn. SO ORDERED. Motions referred to Sarah Netburn. (Signed by Judge Andrew L. Carter, Jr on 8/20/2018) (rj)
ORDER granting 187 Letter Motion for Extension of Time to File. The plaintiffs' request for an extension is GRANTED. The parties are directed to file a joint status letter by October 8, 2018, indicating whether the plaintiffs intend to oppose the motion to dismiss and stating whether the motion to dismiss should be converted to a motion for summary judgment. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 187. (Signed by Magistrate Judge Sarah Netburn on 8/21/2018) (ras)
LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher dated 8/21/2018 re: 187 LETTER MOTION for Extension of Time to File Opposition to Motion to Dismiss (DE Nos. 177-179) addressed to Judge Andrew L. Carter, Jr. from Adam Rodriguez dated 8/20/18. . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
LETTER MOTION for Extension of Time to File Opposition to Motion to Dismiss (DE Nos. 177-179) addressed to Judge Andrew L. Carter, Jr. from Adam Rodriguez dated 8/20/18. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Attachments: # 1 Exhibit Docket Entry No. 180)(Rodriguez, Adam)
STIPULATION OF DISMISSAL WITH PREJUDICE AS TO C25AC83 ONLY: IT IS HEREBY ORDERED that: the Settlement Agreement and Mutual General Release by and between individual plaintiff C25AC83 and the Defendants having been reviewed by the Court and found to be fair and reasonable (1) the Settlement Agreement and Mutual General Release dated June 22, 2018, by and between individual plaintiff C25AC83 and the Defendants, including the settlement and release of all claims, fully is approved; (2) Plaintiff C25AC83 claims, which were the subject of a bona fide dispute, are hereby dismissed with prejudice; (3) the Settlement Payment and other consideration set forth in the agreement shall be tendered to Plaintiff C25AC83 and his counsel. This Stipulation: is limited only to Defendants and Plaintiff C25AC83 and Cool Springs Corp. SO ORDERED. (C25AC83 terminated.) (Signed by Judge Andrew L. Carter, Jr on 8/16/2018) (anc)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/2/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: conference held on 8/2/2018 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/4/2018. Redacted Transcript Deadline set for 9/14/2018. Release of Transcript Restriction set for 11/13/2018.(McGuirk, Kelly)
LETTER addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher, Esq. dated August 13, 2018 re: response to Plaintiffs' 8-10-18 letter. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB.(Brecher, Jeffrey)
LETTER addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao dated August 10, 2018 re: Plaintiffs' letter in connection with Defendants' motion to dismiss. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, C25AC83, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1.(Galvao, Susan)
LETTER addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao dated August 10, 2018 re: Plaintiffs' letter in connection with Defendants' motion to dismiss. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, C25AC83, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1.(Galvao, Susan)
MEMORANDUM OF LAW in Support re: 177 MOTION to Dismiss Plaintiffs Who Have Failed to Comply With the Court's Discovery Orders. . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
MOTION to Dismiss Plaintiffs Who Have Failed to Comply With the Court's Discovery Orders. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB.(Brecher, Jeffrey)
MEMO ENDORSEMENT on re: 175 Status Report filed by 752E2A2, 33F3E84, 0DA2E57, 12D93EC, 1EADB8A, 21FC5EB, D2A144F, 2014B21, Big Geyser, Inc., F966AD0. ENDORSEMENT: The parties are directed to file another joint status letter by September 24, 2018. If the parties require additional time for fact discovery, they should request an extension to the fact discovery deadline at that time. But the parties are strongly encouraged to complete all fact discovery before the October 1, 2018 deadline, and absent a showing of good cause, the Court may deny any request for an extension. The status letter should also indicate whether the parties intend to engage in expert discovery, and if so, propose a reasonable schedule for expert discovery. Finally, the status letter should state whether either party intends to move for summary judgment. (Signed by Magistrate Judge Sarah Netburn on 8/8/2018) (ras)
ORDER granting 168 Letter Motion for Conference. As discussed during the conference on August 2, 2018, the parties shall treat an email chain and all of its attachments as a single document for purposes of determining the number of documents that have been produced pursuant to the parties' agreed-upon ESI protocol. In addition, the parties must produce documents that are responsive to the opposing parties' discovery demands. As ordered, the parties may withhold documents that relate to individual non-party employment matters and as otherwise ordered, but they may not redact unresponsive portions of produced documents. Any redactions or documents withheld based on privilege must be included on a privilege log, and any redactions of highly sensitive business information must be disclosed to the opposing party with an explanation of why that information has been redacted. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
Filed: 8/2/2018, Entered: 8/2/2018
Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Discovery Hearing held on 8/2/2018. (ras)
LETTER addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher dated 07/31/2018 re: Opposition to Plaintiffs' 7/26/2018 Letter Request for a Pre-Motion Conference. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Brecher, Jeffrey)
ORDER: The conference set for Monday, August 6, 2018, at 2:30 p.m. is RESCHEDULED for Thursday, August 2, 2018, at 11:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. (Discovery Hearing set for 8/2/2018 at 11:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 7/31/2018) (ras)
ORDER: A conference is scheduled for Monday, August 6, 2018, at 2:30 p.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties should be prepared to discuss the disputes regarding the ESI protocol. (Discovery Hearing set for 8/6/2018 at 02:30 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 7/30/2018) (ras)
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher, Esq. dated July 27, 2018 re: 168 LETTER MOTION for Conference addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao/Stephen J. Brown dated 7/24/2018. . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
LETTER MOTION for Conference addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao/Stephen J. Brown dated 7/24/2018. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, C25AC83, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Attachments: # 1 Exhibit A-G)(Galvao, Susan)
LETTER MOTION for Conference (request for pre-motion conference) addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher dated 7/23/2018. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Attachments: # 1 Exhibit A)(Brecher, Jeffrey)
MEMO ENDORSEMENT on re: 163 LETTER addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher dated 06/27/2018 re: Outstanding Discovery. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144Fyte Moon ey, 0DA2E57, 752E2A2, 21FC5EB. ENDORSEMENT: Plaintiffs and Counter Defendants C25AC83, FE7025D, Cool Springs Corp., and F.Y.L. Distributions Inc. are ORDERED to produce all tax returns in accordance with the Court's May 2, 2018 Order no later than July 31, 2018. All other plaintiffs in this matter are ORDERED to produce all tax returns in accordance with the Court's May 2, 2018 Order no later than July 20, 2018. If the plaintiffs fail to produce all tax returns by those deadlines, the defendants may make whatever application for pretrial relief they believe is appropriate based upon a full record. In addition, in their response to this letter motion, the plaintiffs state that they have produced all retainer agreements or loan applications as ordered by the Court on May 2, 2018. Accordingly, the defendants' motion to compel the plaintiffs to produce additional documents responsive to that request is DENIED without prejudice. If the defendants can provide the Court with any evidence to suggest that the plaintiffs have not fully complied with the Court's Order, the defendants may renew their motion. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 7/5/2018) (rjm)
SETTLEMENT AGREEMENT AND MUTUAL RELEASE AS TO PLAINTIFF C25AC83 AND COUNTERCLAIM DEFENDANT COOL SPRINGS CORP... IT IS STIPULATED AND AGREED BY AND BETWEEN THE PARTIES that: This Agreement shall become effective (the "Effective Date") upon the entry of an order by the United States District Court for the Southern District of New York approving this Settlement Agreement. If the Court does not approve the settlement, the Agreement is not effective, and the parties shall have no obligations under the terms of this Agreement. In consideration for Plaintiff signing this Agreement, and complying fully with the terms and conditions hereof, the Defendant Big Geyser agrees to pay the total amount of Two Hundred Ninety Six Thousand and Nine Hundred and Forty One Dollars and No Cents ($296,941.00) (the "Settlement Payment"), and Plaintiff agrees to surrender and transfer the Route operated under the name Cool Springs Corp., to Big Geyser, as set forth below. The Settlement Payment shall be made as follows: A corporate check in the amount of Two Hundred Fifty-Four Thousand Seven Hundred and Sixty-Two Dollars and 77/100 Cents ($254,762.77) made payable to Plaintiff, C25AC83; A corporate check payable to Bleakley Platt & Schmidt, LLP, as and for attorneys' fees in the gross amount of Forty-Two Thousand One Hundred and Seventy-Eight Dollars and 23/100 Cents ($42,178.23), representing attorneys' fees and costs, for which Forms 1099 will be delivered to Plaintiff and Plaintiff's counsel. A check made payable to Cool Springs Corp. for Account Reconciliation Payments (as that term is defined below); A corporate check in the amount representing the return of any "security deposit" (Six Thousand Dollars ($6,000.00) held by Big Geyser made payable to C25AC83 after the Effective date and 60 days after the surrender of the route by Plaintiff and, subject to any off-sets for credits issued by Big Geyser to any Cool Springs Inc. accounts for product that Cool Springs Corp did not deliver; At the closing, Plaintiff shall pay or cause to pay to Big Geyser, or Big Geyser shall pay to Plaintiff or his designee, as applicable, the net amount of all outstanding obligations with respect to any payments due under the terms of the Distributor Agreement for product delivered by Plaintiff through the date of the closing. Plaintiff shall cease operation of the Route as of the date of the closing (herein "Account Reconciliation Payment"). At the closing, Plaintiff will deliver to Big Geyser the following two vehicles (including all title documents, keys and equipment attached or related thereto), free and clear of all liens or encumbrances of any type or nature: (1) 1997 International Delv Truck, wt. 30,000, VIN: 1HTSCAAN2VH465827; and (2) 1998 International Van wt. 33,000, VIN: 1HTSCAAN3WH578901. Plaintiff specifically makes no representation and/or warranty to the Defendants or any other persons regarding the condition, suitability or merchantability of the vehicles and the vehicles are expressly transferred and provided to the Defendants in "as-is" condition. Plaintiff shall execute and deliver to Big Geyser a Bill of Sale, in the form attached hereto with respect to each of the two vehicles transferred pursuant to this Paragraph 1(h). At the closing, Plaintiff will return to Big Geyser all equipment and other property of Big Geyser in Plaintiff's possession, custody, or control, including, without limitation, two order entry tablets and related accessories, one (1) driver handheld device, and one printer. Defendants hereby waive any costs, expenses, charges or other deductions set forth in the Distributor Agreement including but not limited to any charges for any refrigeration units or coolers, and any transfer fees or other expenses associated with a transfer or sale of a route. Plaintiff shall be solely responsible for the payment of any and all applicable taxes due and owing by Plaintiff on the aforesaid amounts paid under the terms of this Agreement, and Plaintiff shall not make any claim against the Defendants for payment of any such taxes, or any interest or penalties. In the event the Internal Revenue Service, or any other taxing entity, including, but not limited to, the State of New York or any court or other tribunal of competent jurisdiction, ultimately determines that the foregoing payments, or any portion thereof, constitute remuneration for which any income taxes are due and owing, Plaintiff shall be solely responsible for the payment of such taxes. Plaintiff shall not make any claim against Defendants for payment of any such taxes, or for the payment of any applicable interest or penalties. Plaintiff and Cool Springs Corp. (collectively "Plaintiff Releasors") knowingly and voluntarily release and forever discharge Big Geyser, its predecessors, successors, officers and employees (including, but not limited to, D2A144F, 0DA2E57, Leona F966AD0 or D2A144FEADB8A, Ronald 33F3E84, Michael 21FC5EB, Katherine 2014B21 and 752E2A2), directors, insurers, employees and agents, acting in their capacity as such and related entities (collectively referred to throughout the remainder of this Paragraph as "Defendant Releasees"), of and from any and all claims which were asserted by Plaintiff in the Lawsuit, or which arise out of Plaintiff's alleged employment with Defendant Big Geyser, or out of or relating to the terms of the Distributor Agreement Plaintiff executed, which the Plaintiff has or may have against Releasees, including, but not limited to, any alleged violation of as further set forth in this Stipulation. For and in consideration of the promises and other good and valuable consideration set forth in this Agreement, the Defendants Big Geyser, Inc., D2A144F, 0DA2E57, Leona F966AD0EADB8A, Ronald 33F3E84, Michael 21FC5EB, Katherine 2014B21 and 752E2A2, both individually and collectively (herein "Defendant Releasers") hereby waive, release and forever discharge the Plaintiff and Cool Spring Corp. (herein as used in this paragraph 3(c), "Plaintiff Releasees"), Plaintiff Releasees' employees, heirs, executors, administrators, agents, successors and assigns including, their attorneys, representatives, family members and agents in both their official and individual capacities, from all actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against the Plaintiff Releasees, the Defendant Releasors, the Defendant Releasers' heirs, executors, administrators, agents, successors and assignees ever had, now have or will ever have for, shall or may have for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of time to the date of this Agreement, including but not limited to, from any claims Defendants asserted against Plaintiff in Defendants' Counterclaim in the Lawsuit, and all claims arising out of or relating to the terms of the Distributor Agreement Plaintiff executed and/or the parties' alleged employment relationship. This release does not release a claim that Releasees have failed to comply with any obligations created by this Agreement. The parties hereto irrevocably and unconditionally submit to and accept the exclusive jurisdiction of the United States District Court for the Southern District of New York located in the County of New York or (if such court is not available) the courts of the State of New York located in the County of New York, for any action, suit, or proceeding arising out of or based upon this Agreement or any matter relating to this Agreement, and waive any objection that they may have to the laying of venue in any such court or that such court is an inconvenient forum or does not have personal jurisdiction over any party or parties. Plaintiff and Defendants agree that neither this Agreement nor the furnishing of the consideration for this Agreement shall be deemed or construed at any time for any purpose as an admission by any party hereto of wrongdoing or evidence of any liability or unlawful conduct of any kind. The Parties hereto agree that this Agreement shall not be offered, used or introduced as evidence by them in any proceeding of any type against or involving the other Plaintiffs in the Lawsuit, Chan v. Big Geyser, et al, Docket Number 17-CV-06473 (ALC), or the Defendants, except to the extent necessary to enforce the terms of this Agreement. Notwithstanding the foregoing, nothing shall prevent or preclude the parties from submitting this Agreement to the Court for approval of the Settlement Agreement and terms set forth herein. This paragraph does not impose an obligation of confidentiality or preclude the Parties hereto from discussing its terms of conditions with any other person and as further set forth in this Stipulation. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 7/2/18) (yv)
ORDER denying without prejudice 160 Letter Motion for Discovery. The parties' request to extend the fact discovery deadline is premature considering that fact discovery does not close until more than three months from today. Accordingly, the parties' request to extend the fact discovery deadline is DENIED without prejudice. Fact discovery in this matter has been ongoing since January of this year, and the Court has given the parties a reasonable amount of time within which to complete fact discovery. The parties are directed to use their best efforts to complete all fact discovery by the current deadline of October 1, 2018. Any request to extend discovery beyond that deadline must include specific information regarding the outstanding discovery, including proposed deposition dates. In addition, as the Court has previously directed, the parties shall file another joint status letter by Tuesday, August 7, 2018. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
LETTER addressed to Judge Andrew L. Carter, Jr. from Stephen J. Brown dated June 25, 2018 re: C25AC83 Settlement. Document filed by Cool Springs Corp., C25AC83. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brown, Stephen)
LETTER MOTION for Discovery (ESI protocol and request for discovery extension) addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher, Esq. dated June 25, 2018. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. Return Date set for 12/15/2018 at 05:00 PM.(Brecher, Jeffrey)
MEMO ENDORSEMENT on re: 158 Letter, filed by 752E2A2, 33F3E84, 0DA2E57, 12D93EC, 1EADB8A, 21FC5EB, D2A144F, 2014B21, Big Geyser, Inc., F966AD0. ENDORSEMENT: The discovery conference set for June 7, 2018, is ADJOURNED sine die. The parties are directed to continue engaging in discovery in good faith. The parties shall file another joint status letter informing the Court about the status of discovery by Tuesday, August 7, 2018. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 6/7/2018) (anc)
LETTER addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher dated June 6, 2018 re: Request to cancel June 7, 2018 conference. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB.(Brecher, Jeffrey)
ORDER. On Wednesday, May 2, 2018, the Court held an extensive conference with the parties and gave them instructions on how to proceed. On Friday, May 25, 2018, the plaintiffs filed a letter raising additional discovery disputes. A conference is scheduled for Thursday, June 7, 2018, at 2:00 p.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties should be prepared to discuss the disputes raised in the plaintiffs' letter, as well as an ESI protocol, and as further set forth in this Order. So ordered. (Discovery Hearing set for 6/7/2018 at 02:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 6/5/2018) (rjm)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/2/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/2/2018 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/22/2018. Redacted Transcript Deadline set for 7/2/2018. Release of Transcript Restriction set for 8/30/2018.(McGuirk, Kelly)
ORDER: Accordingly, it is ORDERED that by June 29, 2018, the parties will either submit a revised Settlement Agreement for the Court to review or submit a joint letter explaining the present status of the case. In the absence of any filing by this date, Plaintiff C25AC83 claims will be dismissed with prejudice for failure to prosecute. And a set forth herein. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/29/2018) (ama)
LETTER addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher dated 5/25/2018 re: Opposition to letter dated 5/22/2018 from Susan Galvao regarding discovery. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Attachments: # 1 Exhibit 1)(Brecher, Jeffrey)
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Susan Elizabeth Galvao to RE-FILE Document 148 LETTER MOTION for Conference regarding Discovery dispute addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao; Stephen J. Brown dated May 22, 2018. Use the event type Letter found under the event list Other Documents. (ldi)
NOTICE OF APPEARANCE by Brendan M. Sweeney on behalf of Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Sweeney, Brendan)
MEMORANDUM OF LAW in Opposition re: 135 MOTION to Dismiss Counterclaim. . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
DECLARATION of Jeffrey W. Brecher in Opposition re: 135 MOTION to Dismiss Counterclaim.. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Attachments: # 1 Exhibit A)(Brecher, Jeffrey)
ORDER granting in part and denying in part 130 Letter Motion for Conference. As discussed on the record during the May 2, 2018 conference, the motion is GRANTED in part and DENIED in part. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
ORDER granting in part and denying in part 129 Letter Motion. As discussed on the record during the May 2, 2018 conference, the motion is GRANTED in part and DENIED in part. The parties need not file the status letter due on May 8, 2018. Instead, the parties are directed to file a joint letter by May 23, 2018, updating the Court on the status of ESI discovery and any other outstanding discovery disputes. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
Filed: 5/2/2018, Entered: 5/2/2018
Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Discovery Hearing held on 5/2/2018. (Court Reporter Pam Utter) (jnm)
LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao and Stephen J. Brown dated 5/1/2018 re: 129 LETTER MOTION for Conference re discovery addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher dated April 17, 2018., 130 LETTER MOTION for Conference regarding discovery addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao and Stephen J. Brown dated April 17, 2018. . Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 56D6564, CBA12C6, C25AC83, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Galvao, Susan)
ORDER: The conference set for Wednesday, May 2, 2018, at 3:00 p.m. is RESCHEDULED for Wednesday, May 2, 2018, at 12:00 p.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. ( Discovery Hearing set for 5/2/2018 at 12:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 4/27/2018) (mro)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a status conference proceeding held on 4/3/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
TRANSCRIPT of Proceedings re: status conference held on 4/3/2018 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/17/2018. Redacted Transcript Deadline set for 5/29/2018. Release of Transcript Restriction set for 7/25/2018.(rro)
ORDER: A conference is scheduled for Wednesday, May 2, 2018, at 3:00 p.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties should be prepared to discuss the outstanding discovery disputes in this matter. In light of the large number of disputes, the Court is not convinced that the parties have made good faith efforts to resolve these disputes themselves as required by the Courts Individual Practices. Accordingly, the parties are directed to meet and confer once again and make good faith efforts to resolve as many of the outstanding disputes as possible before the conference. So Ordered. ( Discovery Hearing set for 5/2/2018 at 03:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 4/23/2018) (js)
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao and Stephen J. Brown dated April 20, 2018 re: 129 LETTER MOTION for Conference re discovery addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher dated April 17, 2018. . Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, C25AC83, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Attachments: # 1 Exhibit Exhibit A - Plaintiffs' Consolidated Responses to Defendants Requests for Production, # 2 Exhibit Exhibit B - Plaintiffs' Consolidated Answers and Responses to Defendants' Interrogatories, # 3 Exhibit Exhibit C - Plaintiffs' FRCP Rule 26 Estimated Damages Calculation)(Brown, Stephen)
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher dated April 20, 2018 re: 130 LETTER MOTION for Conference regarding discovery addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao and Stephen J. Brown dated April 17, 2018. . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Attachments: # 1 Exhibit 1)(Brecher, Jeffrey)
LETTER MOTION for Conference regarding discovery addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao and Stephen J. Brown dated April 17, 2018. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, C25AC83, F1990B7, FCECAD1, 944BB25, 0ACB016, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Attachments: # 1 Appendix Appendix of Discovery Requests in Dispute)(Brown, Stephen)
LETTER MOTION for Conference re discovery addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher dated April 17, 2018. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Brecher, Jeffrey)
NOTICE OF CHANGE OF ADDRESS by Heather Claire Hili on behalf of Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. New Address: Jackson Lewis P.C., 58 South Service Road, Ste. 250, Melville, New York, United States 11747, (631)247-0404. (Hili, Heather)
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jeffrey W. Brecher to RE-FILE Document No. 125 Request for Issuance of Summons. The filing is deficient for the following reason(s): the All Defendant radio button was selected, select the individually named party/parties the pleading is against. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS FILED AGAINST PARTY ERROR REQUEST FOR ISSUANCE OF SUMMONS as to All Counter Defendants (see attached), re: 124 Answer to Amended Complaint, Counterclaim. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey) Modified on 4/9/2018 (sj).
ORDER: After closely evaluating the Settlement Agreement and evaluating these above-mentioned factors, the Court holds that the release remains insufficient. Accordingly, the parties are hereby ORDERED to narrow the release provisions to claims related to the parties' employment relationship. The parties shall submit a revised Settlement Agreement within 30 days of this Order, and as further set forth in this order. (Signed by Judge Andrew L. Carter, Jr on 4/6/2018) (ap)
ORDER granting 120 Letter Motion for Extension of Time. The plaintiffs' request for an extension is GRANTED. The plaintiffs and counter defendants shall file a single consolidated answer or other motion in response to the defendants' counterclaim by April 25, 2018. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 120. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 4/5/2018) (js)
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher dated April 5, 2018 re: 120 LETTER MOTION for Extension of Time to Answer or otherwise Move against Defendants' Counterclaim addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao dated April 5, 2018. . Document filed by Big Geyser, Inc.. (Brecher, Jeffrey)
LETTER MOTION for Extension of Time to Answer or otherwise Move against Defendants' Counterclaim addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao dated April 5, 2018. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BC, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, C25AC83, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1.(Galvao, Susan)
ORDER granting 79 Letter Motion for Conference. All current discovery disputes, including related to proposed ESI protocols, must be filed by letter motion, not to exceed five pages, on April 17, 2018. A five-page reply letter may be filed by April 20, 2018. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
LETTER addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher, Esq. dated March 28, 2018 re: C25AC83 settlement approval. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB.(Brecher, Jeffrey)
AMENDED TELEPHONE CONFERENCE ORDER: The conference in this matter, previously scheduled for Friday, March 30, 2018, at 11:00 a.m. is RESCHEDULED for Tuesday, April 03, 2018, at 4:30 p.m. At that time, the parties should jointly call Chambers, at (212) 805-0286, with all relevant individuals on the line. (Telephone Conference set for 4/3/2018 at 4:30 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 3/27/2018) (ap) Modified on 5/21/2018 (ap).
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jeffrey W. Brecher to RE-FILE Document No. 86 Request for Issuance of Summons, 103 Request for Issuance of Summons, 109 Request for Issuance of Summons, 110 Request for Issuance of Summons, 85 Request for Issuance of Summons, 83 Request for Issuance of Summons, 96 Request for Issuance of Summons, 91 Request for Issuance of Summons, 95 Request for Issuance of Summons, 89 Request for Issuance of Summons, 107 Request for Issuance of Summons, 98 Request for Issuance of Summons, 94 Request for Issuance of Summons, 106 Request for Issuance of Summons, 92 Request for Issuance of Summons, 82 Request for Issuance of Summons, 112 Request for Issuance of Summons, 99 Request for Issuance of Summons, 113 Request for Issuance of Summons, 90 Request for Issuance of Summons, 102 Request for Issuance of Summons, 104 Request for Issuance of Summons, 93 Request for Issuance of Summons, 111 Request for Issuance of Summons, 101 Request for Issuance of Summons, 97 Request for Issuance of Summons, 105 Request for Issuance of Summons, 100 Request for Issuance of Summons, 84 Request for Issuance of Summons, 88 Request for Issuance of Summons, 87 Request for Issuance of Summons, 108 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
Filed: 3/26/2018, Entered: 3/26/2018
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeffrey W. Brecher re: Document No. 81 Answer to Amended Complaint, Counterclaim. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj)
ORDER: A telephone conference is scheduled for Friday, March 30, 2018, at 11:00 a.m. to discuss the discovery disputes defendants raised in their March 19, 2018 letter. At that time, the parties should jointly call Chambers, at (212) 805-0286, with all relevant individuals on the line. If this date is unavailable for any party, they must contact Courtroom Deputy Joseph Mendieta immediately at (212) 805-0286. The parties are ORDERED to meet and confer in advance of the conference and make good faith efforts to resolve these disputes. If the parties are able to resolve the disputes before the conference, they must notify the Court immediately. SO ORDERED., ( Telephone Conference set for 3/30/2018 at 11:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 3/23/2018) (ama)
LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao and Stephen J. Brown dated March 20, 2018 re: 79 LETTER MOTION for Conference re discovery addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher, Esq. dated March 19, 2018. . Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, C25AC83, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Galvao, Susan)
REQUEST FOR ISSUANCE OF SUMMONS as to VAM Beverage Corp., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to V&K Beverage Trading Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Twisted Distributors Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Thirsty City Beverage Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Taste-D Beverage Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to T & J Beverage Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Queensboro Beverages Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to On Drop Distributors Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to OMG Beverage Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Midtown Muscle LLC, re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Matco Distributors Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Mari B Beverage Corp., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to J&S Power Beverage Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to ICON Beverage Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Greenway Distributing Corp., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Family Beverage Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to F.Y. L. Distributions Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Empire East Side Beverage Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to E & K Beverage Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to DNV Beverage Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Daisy Beverage Corp., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Cool Springs Corp., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Circle Beverage Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Cabanilla Corp., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Bronx Bull Beverage LLC, re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Bow Beverage Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Boardwalk Beverage Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Blizzard Beverage Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Bella Vita Bev Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to BECA Beverage Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to Beachstone Beverage Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
REQUEST FOR ISSUANCE OF SUMMONS as to ATS Beverage Inc., re: 81 Answer to Amended Complaint,,,, Counterclaim,,,. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
LETTER MOTION for Conference re discovery addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher, Esq. dated March 19, 2018. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. Return Date set for 3/22/2018 at 05:00 PM.(Brecher, Jeffrey)
ORDER: Plaintiff C25AC83 is one of 33 Plaintiffs in this action brought under, inter alia, the Fair Labor Standards Act. The parties have reached a settlement as to Mr. C25AC83 and seek to dismiss his claims with prejudice. The parties have submitted a joint-letter explaining why this settlement should be approved in accordance with Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015). See ECF No. 75. After carefully reviewing the terms of the settlement, the Court finds a material deficiency. Specifically, the release provided in the settlement agreement very closely resembles the "overbroad" release discussed in Cheeks. 796 F.3d at 206. In light of this, the parties are instructed to limit the release to "any wage and hour claims" or a variation thereof. The amended agreement should be submitted no later than March 29, 2018. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/15/2018) (rj)
MEMO ENDORSEMENT on re: 76 STATUS REPORT. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. ENDORSEMENT: The defendants' request for leave to file their answer and counterclaims to the Amended Complaint by Monday, March 19, 2018, is GRANTED. In addition, the parties are directed to file another joint status letter by May 8, 2018. The letter should address any outstanding discovery disputes. SO ORDERED. Big Geyser, Inc. answer due 3/19/2018; 1EADB8A answer due 3/19/2018; 33F3E84 answer due 3/19/2018; D2A144F answer due 3/19/2018; F966AD0 answer due 3/19/2018; 12D93EC answer due 3/19/2018; 2014B21 answer due 3/19/2018; 0DA2E57 answer due 3/19/2018; 752E2A2 answer due 3/19/2018; 21FC5EB answer due 3/19/2018. (Signed by Magistrate Judge Sarah Netburn on 3/12/2018) (rjm)
LETTER addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher, Esq. dated 03/08/2018 re: motion to approve settlement. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Attachments: # 1 Exhibit, # 2 Exhibit)(Brecher, Jeffrey)
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jeffrey W. Brecher to RE-FILE Document 74 MOTION for Settlement (motion to approve settlement).. Use the event type Letter found under the event list Other Documents. (db)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/26/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/26/2018 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/28/2018. Redacted Transcript Deadline set for 3/12/2018. Release of Transcript Restriction set for 5/8/2018.(McGuirk, Kelly)
ORDER PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 502(d): The production of privileged or work-product protected documents, electronically stored information or other information, whether inadvertent or otherwise, is not a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). Nothing contained herein is intended to or shall serve to limit a Party's right to conduct a review of documents, ESI, or other information (including metadata) for relevance, responsiveness, and/or segregation of privileged and/or protected information before production. (Signed by Magistrate Judge Sarah Netburn on 2/1/2018) (ap)
ORDER OF CONFIDENTIALITY:...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Sarah Netburn on 2/1/2018) (ap)
LETTER addressed to Magistrate Judge Sarah Netburn from Jeffrey Brecher dated 1/31/18 re: Confidentiality and 502(d) Orders. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Attachments: # 1 Text of Proposed Order Stipulation and Order [Proposed] of Confidentiality, # 2 Text of Proposed Order 502(d) Order)(Brecher, Jeffrey)
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: On January 26, 2018, the parties appeared for an Initial Pretrial Conference. After review of the parties' joint submission, the following scheduling order is entered pursuant to Rule 16 of the Federal Rules of Civil Procedure: Discovery. All fact discovery shall be completed by Monday, October 1, 2018. Absent further order of the Court, the plaintiffs may conduct up to 10 depositions; the defendants may conduct the depositions of all 33 plaintiffs and additional depositions of nonparty witnesses up to a total of 50 hours. Status Letter. A joint letter informing the Court about the status of discovery shall be filed with the Court by Friday, March 9, 2018. The letter should address any outstanding discovery disputes. Settlement Conference. In light of the Court's busy calendar, settlement conferences must generally be scheduled at least six weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. Accordingly, the parties are encouraged to contact Courtroom Deputy Joseph Mendieta with both parties on the line, at (212) 805-0286, to schedule a settlement conference for a time when they believe it would be productive. Trial. The plaintiffs demand a jury trial. SO ORDERED. (Fact Discovery due by 10/1/2018). (Signed by Magistrate Judge Sarah Netburn on 1/29/2018) (rjm)
LETTER addressed to Magistrate Judge Sarah Netburn from Susan E. Galvao dated January 23, 2018 re: Joint Letter on behalf of all parties re: Civ Case Mgmt Plan and Scheduling Order. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, C25AC83, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1.(Galvao, Susan)
ORDER granting 65 Letter Motion for Extension of Time. The parties' request for an extension to the deadline for their proposed Civil Case Management Plan and Scheduling Order is GRANTED. The parties shall e-mail their proposed order to Netburn_NYSDChambers@nysd.uscourts.gov by January 23, 2018. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
JOINT LETTER MOTION for Extension of Time to file scheduling order addressed to Magistrate Judge Sarah Netburn from Jeffrey W. Brecher dated Jan. 19, 2018. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB.(Brecher, Jeffrey)
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 1/26/2018 at 4:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn, and as further set forth in this order. (Signed by Magistrate Judge Sarah Netburn on 1/9/2018) (ap)
Minute Order Proceedings held before Judge Andrew L. Carter, Jr: held on 1/8/2018. Stephen Brown and Susan Galvao for Plaintiff(s). Alessandro Villanella and Jeffrey Brecher for Defenant(s). Plaintiff(s) motion for preliminary injunction is DENIED. Case referred to Magistrate Judge Netburn for general pre-trial purposes. (Court Reporter: Paula Speer.) (tdh)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/8/2018) (anc)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 12/7/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: conference held on 12/7/2017 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/19/2018. Redacted Transcript Deadline set for 1/29/2018. Release of Transcript Restriction set for 3/29/2018.(McGuirk, Kelly)
ORDER: The conference regarding Plaintiffs' request for a preliminary injunction, scheduled for December 21, 2017 at 11:00 a.m., is ADJOURNED until January 8, 2018 at 11:00 a.m. Plaintiffs are requested to submit an affidavit in support of their application for a preliminary injunction from Plaintiff C25AC83 by January 4, 2018. ( Status Conference set for 1/8/2018 at 11:00 AM before Judge Andrew L. Carter Jr. ) (Signed by Judge Andrew L. Carter, Jr on 12/20/2017) (mro)
REPLY MEMORANDUM OF LAW in Support re: 37 MOTION to Dismiss . . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
MEMORANDUM OF LAW in Opposition re: 52 MOTION for Preliminary Injunction and Related Relief. . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
DECLARATION of Susan E. Galvao in Support re: 52 MOTION for Preliminary Injunction and Related Relief.. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, C25AC83, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Attachments: # 1 Exhibit Ex 1-Amended Complaint, # 2 Exhibit Ex 2-JBrecher Email to SGalvao dated 12.1.17, # 3 Exhibit Ex 3-SGalvao Email to JBrecher dated 12.1.17, # 4 Exhibit Ex 4-Complaint in Big Geyser v. VAM Bev, # 5 Exhibit Ex 5-Complaint, Big Geyser v. Queens Boro, # 6 Exhibit Ex 6-Termination Ltr to CBA12C6, # 7 Exhibit Ex 7-SBrown Ltr to JBrecher dated 11.22.17, # 8 Exhibit Ex 8-JBrecher Ltr to SBrown dated 11.24.17, # 9 Exhibit Ex 9-Email Chain between SBrown and JBrecher of 12.11.17, # 10 Exhibit Ex 10-Pre-Motion Ltr of SGalvao dated 12.4.17, # 11 Exhibit Ex 11-JBrecher Ltr in Response to Pre-Motion dated 12.5.17, # 12 Exhibit Ex 12-Examples of Email Corresp referenced in FCECAD1 Affd)(Brown, Stephen)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/7/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: conference held on 12/7/2017 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2018. Redacted Transcript Deadline set for 1/12/2018. Release of Transcript Restriction set for 3/12/2018.(McGuirk, Kelly)
Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Temporary Restraining Order Hearing held on 12/7/2017. Stephen Brown and Susan Galvao for Plaintiff(s). Alessandro Villanella and Jeffrey Brecher for Defendant(s). Plaintiff(s) Request due 12/12/2017. Defendant(s) Response due 12/15/17. Temporary Restraining Order Hearing set for 12/21/17 at 11:00 a.m. (Court Reporter: Steve Greenblum) (tdh)
ORDER: Due to a scheduling conflict, the conference regarding Plaintiffs' request for the issuance of a temporary restraining order, originally scheduled for December 7, 2017 at 2:00 p.m, (ECF No. 46), has been rescheduled to December 7, 2017 at 12:00 p.m. The parties (and/or counsel) should appear in person in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY, on the date and time specified above. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/06/2017) (ama)
ORDER: granting 43 Letter Motion for Conference. On December 4, 2017, Plaintiffs filed a letter requesting an immediate conference to address Plaintiffs' proposed motion for the issuance of a temporary restraining order. ECF No. 43. Defendants responded on December 5, 2017. ECF No. 45. The Court will hold a conference in this matter on December 7, 2017 at 2:00 p.m. The parties (and/or counsel) should appear in person in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY, on the date and time specified above. Motion hearing set for 12/7/2017, at 2:00P.M. (Signed by Judge Andrew L. Carter, Jr on 12/6/2017) (ap)
LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher dated 12/5/17 re: 43 LETTER MOTION for Conference to address Plaintiffs' proposed motion for the issuance of a TRO, as well as sanctions against Defendants. addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao and Stephen J. Brown dated December 4, . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
ORDER denying 40 Letter Motion for Extension of Time to File Response/Reply. Plaintiffs' request to direct Defendants to file an amended Notice of Motion is DENIED. Plaintiffs shall file their opposition papers by December 11, 2017. The Clerk of Court is respectfully requested to terminate the letter motion at ECF No. 40. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/4/2017) (anc)
LETTER MOTION for Conference to address Plaintiffs' proposed motion for the issuance of a TRO, as well as sanctions against Defendants. addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao and Stephen J. Brown dated December 4, 2017. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, C25AC83, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1.(Galvao, Susan)
LETTER REPLY to Response to Motion addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao dated 12/1/2017 re: 40 LETTER MOTION for Extension of Time to File Response/Reply and direct Defendants to file an Amended Notice of Motion within three business days specifying the precise relief sought on their motion to dismiss addressed to Judge Andrew L. Car . Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, C25AC83, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Galvao, Susan)
LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher dated 11/30/17 re: 40 LETTER MOTION for Extension of Time to File Response/Reply and direct Defendants to file an Amended Notice of Motion within three business days specifying the precise relief sought on their motion to dismiss addressed to Judge Andrew L. Car . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
LETTER MOTION for Extension of Time to File Response/Reply and direct Defendants to file an Amended Notice of Motion within three business days specifying the precise relief sought on their motion to dismiss addressed to Judge Andrew L. Carter, Jr. from Susan E. Galvao and Stephen J. Brown dated Nov. 30, 2017. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, C25AC83, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1.(Galvao, Susan)
MEMORANDUM OF LAW in Support re: 37 MOTION to Dismiss . . Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
ORDER: Defendants' request to adjourn mediation until 90 days after Plaintiffs' Amended complaint was filed or Defendants' motion to dismiss is resolved, whichever is later, is GRANTED. Plaintiffs are hereby ordered to comply with the requirements in the standing order relating to the exchange of information. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/20/2017) (rj)
LETTER addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher, Esq. dated November 6, 2017 re: vacate Standing Order re Mediation. Document filed by 0DA2E57, 752E2A2, 21FC5EB.(Brecher, Jeffrey)
ORDER denying 29 Letter Motion for Conference.On October 19, 2017, Defendants filed a letter requesting a pre-motion conference in anticipation of Defendants' motion to dismiss the Complaint pursuant to Fed. R. Civ. P. 12(b)(6) and 9(b). On October 27, 2017, Plaintiffs filed their response opposing Defendants' request and seeking leave to file an amended complaint pursuant to Fed. R. Civ. P. 15(a)(1). Defendants' request for a pre-motion conference is DENIED. Plaintiffs should file their amended complaint by November 9, 2017. Defendants shall answer or otherwise move by November 23, 2017. (Signed by Judge Andrew L. Carter, Jr on 11/2/2017) (rj)
LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Stephen J. Brown dated October 27, 2017 re: 29 LETTER MOTION for Conference (request for Pre-motion conference) addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher, Esq. dated 10/19/2017. . Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, C25AC83, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. (Brown, Stephen)
LETTER addressed to Judge Andrew L. Carter, Jr. from Stephen J. Brown dated October 23, 2017 re: Request for Extension of Time to Respond to Defendants' Pre-Motion Letter. Document filed by F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, C25AC83, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1.(Brown, Stephen)
LETTER MOTION for Conference (request for Pre-motion conference) addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher, Esq. dated 10/19/2017. Document filed by Big Geyser, Inc..(Brecher, Jeffrey)
FIRST LETTER MOTION for Leave to File Excess Pages to pre-motion conference letter addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Brecher, Esq. dated October 12, 2017. Document filed by Big Geyser, Inc.. Return Date set for 10/19/2017 at 05:00 PM.(Brecher, Jeffrey)
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 9/21/2017. (Signed by Judge Andrew L. Carter, Jr on 10/3/16) (mf)
ORDER granting 24 LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Jeffrey Brecher dated September 8, 2017. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. So ordered. Big Geyser, Inc. answer due 10/19/2017; 1EADB8A answer due 10/19/2017; 33F3E84 answer due 10/19/2017; D2A144F answer due 10/19/2017; F966AD0 answer due 10/19/2017; 12D93EC answer due 10/19/2017; 2014B21 answer due 10/19/2017; 0DA2E57 answer due 10/19/2017; 752E2A2 answer due 10/19/2017; 21FC5EB answer due 10/19/2017. (Signed by Judge Andrew L. Carter, Jr on 9/11/2017) (rjm)
LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Jeffrey Brecher dated September 8, 2017. Document filed by Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB.(Brecher, Jeffrey)
NOTICE OF APPEARANCE by Alessandro G. Villanella on behalf of Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Villanella, Alessandro)
NOTICE OF APPEARANCE by Jeffrey W. Brecher on behalf of Big Geyser, Inc., 1EADB8A, 33F3E84, D2A144F14B21, 0DA2E57, 752E2A2, 21FC5EB. (Brecher, Jeffrey)
AFFIDAVIT OF SERVICE of Summons and Complaint,,,. 752E2A2 served on 8/29/2017, answer due 9/19/2017. Service was accepted by Karen Pina, Receptionist. Service was made by mail. Document filed by 944BB25; D32800B; F9E8AB7; 644B69D; FCECAD1; 56D6564; 9C3C5EB; C8C64BA; F1990B7; DC5FA9F; CBA12C6; 9BBCC2E; AD98E5A; 315BA07; C25AC83; 5A28E2D; 81A8E58; 73843AA; 0ACB016; 46770A1; B35BB0B; 47A9CF1; E1062B0; 2B08950; 3574BB3; FE7025D; AC4C4BF; AC5E68E; A19F3F1; F57BE5A; 26336D0; AD373BC; 8D3117E. (Galvao, Susan)
AFFIDAVIT OF SERVICE of Summons and Complaint,,,. 2014B21 served on 8/29/2017, answer due 9/19/2017. Service was accepted by Karen Pina, Receptionist. Service was made by mail. Document filed by 944BB25; D32800B; F9E8AB7; 644B69D; FCECAD1; 56D6564; 9C3C5EB; C8C64BA; F1990B7; DC5FA9F; CBA12C6; 9BBCC2E; AD98E5A; 315BA07; C25AC83; 5A28E2D; 81A8E58; 73843AA; 0ACB016; 46770A1; B35BB0B; 47A9CF1; E1062B0; 2B08950; 3574BB3; FE7025D; AC4C4BF; AC5E68E; A19F3F1; F57BE5A; 26336D0; AD373BC; 8D3117E. (Galvao, Susan)
AFFIDAVIT OF SERVICE of Summons and Complaint,,,. 21FC5EB served on 8/29/2017, answer due 9/19/2017. Service was accepted by Karen Pina, Receptionist. Service was made by mail. Document filed by 944BB25; D32800B; F9E8AB7; 644B69D; FCECAD1; 56D6564; 9C3C5EB; C8C64BA; F1990B7; DC5FA9F; CBA12C6; 9BBCC2E; AD98E5A; 315BA07; C25AC83; 5A28E2D; 81A8E58; 73843AA; 0ACB016; 46770A1; B35BB0B; 47A9CF1; E1062B0; 2B08950; 3574BB3; FE7025D; AC4C4BF; AC5E68E; A19F3F1; F57BE5A; 26336D0; AD373BC; 8D3117E. (Galvao, Susan)
AFFIDAVIT OF SERVICE of Summons and Complaint,,,. 33F3E84 served on 8/29/2017, answer due 9/19/2017. Service was accepted by Karen Pina, Receptionist. Service was made by mail. Document filed by 944BB25; D32800B; F9E8AB7; 644B69D; FCECAD1; 56D6564; 9C3C5EB; C8C64BA; F1990B7; DC5FA9F; CBA12C6; 9BBCC2E; AD98E5A; 315BA07; C25AC83; 5A28E2D; 81A8E58; 73843AA; 0ACB016; 46770A1; B35BB0B; 47A9CF1; E1062B0; 2B08950; 3574BB3; FE7025D; AC4C4BF; AC5E68E; A19F3F1; F57BE5A; 26336D0; AD373BC; 8D3117E. (Galvao, Susan)
AFFIDAVIT OF SERVICE of Summons and Complaint,,,. 1EADB8A served on 8/29/2017, answer due 9/19/2017. Service was accepted by Karen Pina, Receptionist. Service was made by mail. Document filed by 944BB25; D32800B; F9E8AB7; 644B69D; FCECAD1; 56D6564; 9C3C5EB; C8C64BA; F1990B7; DC5FA9F; CBA12C6; 9BBCC2E; AD98E5A; 315BA07; C25AC83; 5A28E2D; 81A8E58; 73843AA; 0ACB016; 46770A1; B35BB0B; 47A9CF1; E1062B0; 2B08950; 3574BB3; FE7025D; AC4C4BF; AC5E68E; A19F3F1; F57BE5A; 26336D0; AD373BC; 8D3117E. (Galvao, Susan)
AFFIDAVIT OF SERVICE of Summons and Complaint,,,. 0DA2E57 served on 8/29/2017, answer due 9/19/2017. Service was accepted by Karen Pina, Receptionist. Service was made by mail. Document filed by 944BB25; D32800B; F9E8AB7; 644B69D; FCECAD1; 56D6564; 9C3C5EB; C8C64BA; F1990B7; DC5FA9F; CBA12C6; 9BBCC2E; AD98E5A; 315BA07; C25AC83; 5A28E2D; 81A8E58; 73843AA; 0ACB016; 46770A1; B35BB0B; 47A9CF1; E1062B0; 2B08950; 3574BB3; FE7025D; AC4C4BF; AC5E68E; A19F3F1; F57BE5A; 26336D0; AD373BC; 8D3117E. (Galvao, Susan)
AFFIDAVIT OF SERVICE of Summons and Complaint,,,. 12D93EC served on 8/29/2017, answer due 9/19/2017. Service was accepted by D2A144F. Service was made by mail. Document filed by 944BB25; D32800B; F9E8AB7; 644B69D; FCECAD1; 56D6564; 9C3C5EB; C8C64BA; F1990B7; DC5FA9F; CBA12C6; 9BBCC2E; AD98E5A; 315BA07; C25AC83; 5A28E2D; 81A8E58; 73843AA; 0ACB016; 46770A1; B35BB0B; 47A9CF1; E1062B0; 2B08950; 3574BB3; FE7025D; AC4C4BF; AC5E68E; A19F3F1; F57BE5A; 26336D0; AD373BC; 8D3117E. (Galvao, Susan)
AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Big Geyser, Inc. served on 8/29/2017, answer due 9/19/2017. Service was accepted by D2A144F, President & CEO. Document filed by 944BB25; D32800B; F9E8AB7; 644B69D; FCECAD1; 56D6564; 9C3C5EB; C8C64BA; F1990B7; DC5FA9F; CBA12C6; 9BBCC2E; AD98E5A; 315BA07; C25AC83; 5A28E2D; 81A8E58; 73843AA; 0ACB016; 46770A1; B35BB0B; 47A9CF1; E1062B0; 2B08950; 3574BB3; FE7025D; AC4C4BF; AC5E68E; A19F3F1; F57BE5A; 26336D0; AD373BC; 8D3117E. (Galvao, Susan)
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Stephen Joseph Brown to RE-FILE Document No. 7 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): An amended summons is not yet proper to request as no summons has previously been issued. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (rch)
NOTICE OF CHANGE OF ADDRESS by Stephen Joseph Brown on behalf of F9E8AB7, 9C3C5EB9DAA, AD373BCAA, D32800B, C8C64BA9508950, 3574BB3FFAAA, A19F3F1, AC5E68E, 47A9CF1, 56D6564, CBA12C6, C25AC83, F1990B7, FE7025D, FCECAD1, 944BB25, DC5FA9F01616, 315BA07, 81A8E58 26336D0, B35BB0B, 8D3117E, 46770A1. New Address: Bleakley Platt & Schmidt, LLP, One North Lexington Avenue, White Plains, NY, United States 10601, 9149492700. (Brown, Stephen)
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Susan Elizabeth Galvao to RE-FILE Document No. 2 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the request for issuance of summons; (FE7025D. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (rch)
Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (rch)
Filed: 8/25/2017, Entered: 8/25/2017
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (rch)
Filed: 8/25/2017, Entered: 8/25/2017
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Susan Elizabeth Galvao to RE-FILE Document No. 5 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): to request issuance of an amended summons, the word "AMENDED" must be written on the face of the summons before "SUMMONS IN A CIVIL ACTION.". Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (rch)
Filed: 8/25/2017, Entered: 8/25/2017
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Susan Elizabeth Galvao. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:2; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201; the County code has been modified to Westchester;. (rch)
Filed: 8/25/2017, Entered: 8/25/2017
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Susan Elizabeth Galvao. The party information for the following party/parties has been modified: Party - Big Geyser, Inc. updated Party - F9E8AB7 updated Party - 9C3C5EB updated Party - 5A28E2D updated Party - 9BBCC2E updated Party - 644B69D updated Party - F57BE5A updated Party - 1EADB8A updated Party - AD373BC updated Party - AD98E5A updated Party - D32800B updated Party - C8C64BA updated Party - 2B08950 updated Party - 3574BB3 updated Party - AC4C4BF updated Party - 73843AA updated Party - FE7025D updated Party - A19F3F1 updated Party - AC5E68E updated Party - 47A9CF1 updated Party - 33F3E84 updated Party - 56D6564 updated Party - CBA12C6 updated Party - D2A144F updated Party - F966AD0 updated Party - 12D93EC updated Party - C25AC83 updated Party - F1990B7 updated Party - FCECAD1 updated Party - 2014B21 updated Party - 944BB25 updated Party - DC5FA9F updated Party - 0ACB016 updated Party - 315BA07 updated Party - 81A8E58 updated Party - E1062B0 updated Party - 0DA2E57 updated Party - 26336D0 updated Party - B35BB0B updated Party - 752E2A2 updated Party - 8D3117E updated Party - 21FC5EB updated Party - 46770A1 updated. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party name entered incorrectly. (rch)
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