Covington v. Arizona Beverage Co., LLC et al

Federal Civil Lawsuit Florida Southern District Court, Case No. 1:08-cv-21894
District Judge Patricia A. Seitz, presiding
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District Judge Patricia A. Seitz
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Summary

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Parties
No Logo Eric Covington, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Stephen Bernard Gillman +1 305 358 1313

Represented by Baker Law PC

Represented by G BRIAN SPEARS PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael George Barket +1 305 358 6088 +1 305 358 6572 barketlaw@mindspring.com

Represented by Jackson Tucker & Angwin PC

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Joseph L. Tucker +1 205 252 3535 +1 205 252 3536 josh@jacksonandtucker.com

Represented by The Herskowitz Law Firm

Name Phone Fax E-Mail
TERMINATED: 06/14/2010, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jon Michael Herskowitz , +1 305 670 0101 +1 305 670 2393 jon@bhfloridalaw.com

Represented by TORTORETI, TOMES & CALLAHAN, ESQS.

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Philip A. Tortoreti +1 732 257 9100 +1 732 257 9012

Represented by Unknown Entity GT

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Susan Dmitrovsky +1 305 789 5989 +7895 789 789 5987 susand@kuehnelaw.com
ATTORNEY TO BE NOTICED Benedict Paul Kuehne +1 305 789 5989 +1 305 789 5987 ben.kuehne@sk-lawyers.com

Represented by Wilentz, Goldman & Spitzer, PC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Kevin Peter Roddy +1 732 636 8000 +1 732 726 4735 mmcguckin@wilentz.com
v.
No Logo Arizona Beverage Co., LLC, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Stephen Bernard Gillman +1 305 358 1313
No Logo Beverage Marketing Usa, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Stephen Bernard Gillman +1 305 358 1313
No Logo Ferolito, Vultaggio & Sons, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Stephen Bernard Gillman +1 305 358 1313
No Logo Hornell Brewing Company, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Stephen Bernard Gillman +1 305 358 1313
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Timeline
  Entries (237) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 237 Filed: 8/25/2011, Entered: None Court Filing
ORDER granting 217 Verified Motion for Attorney Fees; adopting in part Report and Recommendations re 227 Report and Recommendations as to 217 Verified Motion for Attorney Fees, filed by Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc., Arizona Beverage Co., LLC, Beverage Marketing USA, Inc.. Signed by Judge Patricia A. Seitz on 8/25/2011. (ls) (Entered: 08/25/2011)
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Legal Document (Payment Possibly Required) 236 Filed: 4/12/2011, Entered: None Court Filing
Case Reassignment of Paired Magistrate Judge pursuant to Administrative Orders 2010-145 and 2011-18 to Magistrate Judge Andrea M. Simonton. Magistrate Judge John J. O'Sullivan no longer assigned to case. (vp) (Entered: 04/12/2011)
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Legal Document (Payment Possibly Required) 235 Filed: 3/15/2011, Entered: None Court Filing
RESPONSE in Opposition re 227 REPORT AND RECOMMENDATIONS re 217 MOTION for Attorney Fees Defendants' Verified Motion for Attorneys' Fees filed by Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc., Arizona Beverage Co., LLC, Beverage Marketing USA, InREPORT AND RECOMMENDATIONS re 217 MOTION for Attorney Fees Defendants' Verified Motion for Attorneys' Fees filed by Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc., Arizona Beverage Co., LLC, Beverage Marketing USA, In (Defendants' Response to Plaintiff's Opposition to Report and Recommendation of Magistrate Judge as to Granting Defendants' Attorneys' Fees) filed by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Hornell Brewing Company, Inc.. (Attachments: # 1 Exhibit A)(Gillman, Stephen) (Entered: 03/15/2011)
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Legal Document (Payment Possibly Required) 234 Filed: 3/11/2011, Entered: None
NOTICE of Attorney Appearance by Susan Dmitrovsky on behalf of Eric Covington (Dmitrovsky, Susan) (Entered: 03/11/2011)
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Legal Document (Payment Possibly Required) 233 Filed: 3/11/2011, Entered: None
NOTICE of Attorney Appearance by Benedict P. Kuehne on behalf of Eric Covington (Kuehne, Benedict) (Entered: 03/11/2011)
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Legal Document (Payment Possibly Required) 232 Filed: 3/10/2011, Entered: None
WITHDRAWAL of Motion by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc. re 231 Defendant's MOTION for Judgment (Defendants' Motion for Entry of Costs Judgment)Defendant's MOTION for Judgment (Defendants' Motion for Entry of Costs Judgment) filed by Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc., Arizona Beverage Co., LLC, Beverage Marketing USA, Inc. filed by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Gillman, Stephen) (Entered: 03/10/2011)
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Legal Document (Payment Possibly Required) 231 Filed: 3/8/2011, Entered: None
Defendant's MOTION for Judgment (Defendants' Motion for Entry of Costs Judgment) by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Attachments: # 1 Text of Proposed Order A)(Gillman, Stephen) (Entered: 03/08/2011)
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Legal Document (Payment Possibly Required) 230 Filed: 3/1/2011, Entered: None
OBJECTIONS to 227 Report and Recommendations by Eric Covington. (Attachments: # 1 Exhibit A-C)(Barket, Michael) (Entered: 03/01/2011)
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Legal Document (Payment Possibly Required) 229 Filed: 2/28/2011, Entered: None Court Filing
ORDER AFFIRMING AND ADOPTING MAGISTRATE 225 REPORT AND RECOMMENDATION; granting 215 Motion for Bill of Costs. Defendant is awarded costs in the amount of $4,680.28. Signed by Judge Patricia A. Seitz on 2/28/2011. (ral) (Entered: 03/01/2011)
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Legal Document (Payment Possibly Required) 228 Filed: 2/25/2011, Entered: None
RESPONSE/REPLY to 226 Objections to Report and Recommendations Granting, in Part, Defendants' Amended Bill of Costs by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Hornell Brewing Company, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Gillman, Stephen) (Entered: 02/25/2011)
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Legal Document (Payment Possibly Required) 227 Filed: 2/15/2011, Entered: None, Terminated: 8/25/2011 Court Filing
REPORT AND RECOMMENDATIONS re 217 MOTION for Attorney Fees Defendants' Verified Motion for Attorneys' Fees filed by Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc., Arizona Beverage Co., LLC, Beverage Marketing USA, Inc. Recommending granting. Objections to R&R due by 3/4/2011. Signed by Magistrate Judge John J. O'Sullivan on 2/15/2011. (tro) (Entered: 02/15/2011)
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Legal Document (Payment Possibly Required) 226 Filed: 2/11/2011, Entered: None
OBJECTIONS to 225 Report and Recommendations by Eric Covington. (Barket, Michael) (Entered: 02/11/2011)
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Legal Document (Payment Possibly Required) 225 Filed: 1/25/2011, Entered: None Court Filing
REPORT AND RECOMMENDATIONS re 215 Amended MOTION for Bill of Costs filed by Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc., Arizona Beverage Co., LLC, Beverage Marketing USA, Inc. Recommending granting in part and denying in part. Objections to R&R due by 2/11/2011. Signed by Magistrate Judge John J. O'Sullivan on 1/25/2011. (tro) (Entered: 01/25/2011)
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Legal Document (Payment Possibly Required) 224 Filed: 9/27/2010, Entered: None
NOTICE of Striking 222 Plaintiff's MOTION to Strike 221 Response in Support of Motion, for Attorneys' Fees filed by Eric Covington by Eric Covington (Barket, Michael) (Entered: 09/27/2010)
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Legal Document (Payment Possibly Required) 223 Filed: 9/24/2010, Entered: None
RESPONSE in Opposition re 222 Plaintiff's MOTION to Strike 221 Response in Support of Motion, for Attorneys' Fees filed by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Gillman, Stephen) (Entered: 09/24/2010)
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Legal Document (Payment Possibly Required) 222 Filed: 9/23/2010, Entered: None
Plaintiff's MOTION to Strike 221 Reply to Opposition to Motion, for Attorneys' Fees by Eric Covington. Responses due by 10/12/2010 (Barket, Michael) Modified text on 9/24/2010 (asl). (Entered: 09/23/2010)
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Legal Document (Payment Possibly Required) 221 Filed: 9/23/2010, Entered: None
RESPONSE in Support re 217 MOTION for Attorney Fees Defendants' Verified Motion for Attorneys' Fees (Defendants' Reply In Further Support Of Motion For Attorneys' Fees) filed by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Gillman, Stephen) (Entered: 09/23/2010)
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Legal Document (Payment Possibly Required) 220 Filed: 9/13/2010, Entered: None
RESPONSE in Opposition re 217 MOTION for Attorney Fees Defendants' Verified Motion for Attorneys' Fees filed by Eric Covington. (Attachments: # 1 Exhibit A-M)(Barket, Michael) (Entered: 09/13/2010)
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Legal Document (Payment Possibly Required) 219 Filed: 8/30/2010, Entered: None
AMENDED Declaration in Support re 217 Motion for Attorneys' Fees and Costs - Michael J. Higer's Declaration by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Attachments: # 1 Exhibit A)(Gillman, Stephen) Modified text on 8/31/2010 (asl). (Entered: 08/30/2010)
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Legal Document (Payment Possibly Required) 218 Filed: 8/30/2010, Entered: None
AFFIDAVIT in Support re 217 Verified Motion for Attorneys' Fees-Robert P. Donovan's Declaration by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Gillman, Stephen) Modified text and document link on 8/31/2010 (asl). (Entered: 08/30/2010)
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Legal Document (Payment Possibly Required) 217 Filed: 8/30/2010, Entered: None
MOTION for Attorney Fees Defendants' Verified Motion for Attorneys' Fees by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. Responses due by 9/16/2010 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gillman, Stephen) (Entered: 08/30/2010)
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Legal Document (Payment Possibly Required) 216 Filed: 8/9/2010, Entered: None
REPLY in Support of 207 Defendant's MOTION for Bill of Costs Defendants' Reply In Support of Bill of Costs by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Gillman, Stephen) Modified text on 8/10/2010 (asl). (Entered: 08/09/2010)
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Legal Document (Payment Possibly Required) 215 Filed: 8/5/2010, Entered: None
Amended MOTION for Bill of Costs by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. Responses due by 8/23/2010 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gillman, Stephen) (Entered: 08/05/2010)
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Legal Document (Payment Possibly Required) 214 Filed: 7/29/2010, Entered: None Court Filing
ORDER granting 208 Motion for Extension of Time to File. Signed by Magistrate Judge John J. O'Sullivan on 7/29/2010. (tro) (Entered: 07/29/2010)
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Legal Document (Payment Possibly Required) 213 Filed: 7/28/2010, Entered: None
REPLY to Response to Motion re 208 Defendant's MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs filed by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc. (Gillman, Stephen) Modified Text on 7/28/2010 (ra). (Entered: 07/28/2010)
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Legal Document (Payment Possibly Required) 212 Filed: 7/28/2010, Entered: None
Opposition to 207 Defendant's MOTION for Bill of Costs filed by Eric Covington. (Barket, Michael) Modified text on 7/29/2010 (asl). (Entered: 07/28/2010)
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Legal Document (Payment Possibly Required) 211 Filed: 7/26/2010, Entered: None
RESPONSE in Opposition re 208 Defendant's MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs filed by Eric Covington. (Barket, Michael) (Entered: 07/26/2010)
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Legal Document (Payment Possibly Required) 210 Filed: 7/26/2010, Entered: None
Clerks Notice to Filer re 209 Notice (Other). Attorney Did Not Associate Themselves; ERROR - Filing attorney neglected to associate themselves to the case. The Clerk has added the attorney to the case. It is not necessary to refile this document future filings must comply with the CM/ECF Administrative Procedures and Local Rules by filing a Notice of Attorney Appearance and linking themselves to the case. (asl) (Entered: 07/26/2010)
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Legal Document (Payment Possibly Required) 209 Filed: 7/23/2010, Entered: None
NOTICE by Eric Covington of Apperance as Local Counsel (Barket, Michael) (Entered: 07/23/2010)
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Legal Document (Payment Possibly Required) 208 Filed: 7/15/2010, Entered: None
Defendant's MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Hornell Brewing Company, Inc.. (Attachments: # 1 Text of Proposed Order)(Gillman, Stephen) (Entered: 07/15/2010)
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Legal Document (Payment Possibly Required) 207 Filed: 7/14/2010, Entered: None
Defendant's MOTION for Bill of Costs by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Hornell Brewing Company, Inc.. Responses due by 8/2/2010 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gillman, Stephen) (Entered: 07/14/2010)
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Legal Document (Payment Possibly Required) 206 Filed: 6/14/2010, Entered: None Court Filing
ORDER DISMISSING CASE with prejudice; Closing Case. Signed by Judge Patricia A. Seitz on 6/14/2010. (ls) (Entered: 06/15/2010)
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Legal Document (Payment Possibly Required) 205 Filed: 6/14/2010, Entered: None Court Filing
ORDER granting 200 Motion to Withdraw as Attorney. Attorney Jon Michael Herskowitz terminated. Signed by Judge Patricia A. Seitz on 6/14/2010. (ls) (Entered: 06/15/2010)
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Legal Document (Payment Possibly Required) 204 Filed: 6/14/2010, Entered: None
Plaintiff's MOTION to Withdraw as Attorney and Proposed Order by Jon M Herskowitz. by Eric Covington. Responses due by 7/1/2010 (Attachments: # 1 Text of Proposed Order)(Herskowitz, Jon) (Entered: 06/14/2010)
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Legal Document (Payment Possibly Required) 203 Filed: 6/14/2010, Entered: None Court Filing
TRANSCRIPT of Hearing on a motion to amend complaint and an order to show cause why Plaintiff should not be sanctioned held on 6-14-10 before Judge Patricia A. Seitz, Volume Number 1 of 1, 1-14 pages, Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/8/2010. Redacted Transcript Deadline set for 7/19/2010. Release of Transcript Restriction set for 9/15/2010. (de) (Entered: 06/14/2010)
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Legal Document (Payment Possibly Required) 202 Filed: 6/14/2010, Entered: None Court Filing
Minute Entry for proceedings held before Judge Patricia A. Seitz: Show Cause Hearing held on 6/14/2010. Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@flsd.uscourts.gov (lw) (Entered: 06/14/2010)
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Legal Document (Payment Possibly Required) 201 Filed: 6/9/2010, Entered: None Court Filing
ORDER Revising Order Setting Hearing; Setting Hearing on Motion 200 MOTION to Withdraw as Attorney (Local Counsel Only) by Jon M. Herskowitz. : Motion Hearing set for 6/14/2010 before Judge Patricia A. Seitz.. Signed by Judge Patricia A. Seitz on 6/9/10. (mg) (Entered: 06/09/2010)
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Legal Document (Payment Possibly Required) 200 Filed: 6/8/2010, Entered: None
MOTION to Withdraw as Attorney (Local Counsel Only) and Supporting Memorandum of Law by Jon M. Herskowitz. by Eric Covington. Responses due by 6/25/2010 (Herskowitz, Jon) Modified text on 6/9/2010 (asl). (Entered: 06/08/2010)
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Legal Document (Payment Possibly Required) 199 Filed: 6/4/2010, Entered: None
Defendant's MOTION To Exclude Expert Testimony of Dr. Robert A. Robicheaux and Dr. Edward R. Blonz by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Hornell Brewing Company, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C - Part 1, # 4 Exhibit C - Part 2, # 5 Exhibit D)(Gillman, Stephen) (Entered: 06/04/2010)
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Legal Document (Payment Possibly Required) 198 Filed: 6/4/2010, Entered: None
NOTICE of Striking 195 Plaintiff's MOTION Motion to Exclude Expert Opinion Tesitmony (Daubert Challenge) filed by Eric Covington by Eric Covington (Herskowitz, Jon) (Entered: 06/04/2010)
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Legal Document (Payment Possibly Required) 197 Filed: 6/4/2010, Entered: None
Statement of: Material Facts in Support of Motion for Summary Judgment Pursuant to Local Rule 7.5 by Eric Covington re 196 Plaintiff's MOTION for Summary Judgment and Memorandum of Law (Herskowitz, Jon) (Entered: 06/04/2010)
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Legal Document (Payment Possibly Required) 196 Filed: 6/4/2010, Entered: None
Plaintiff's MOTION for Summary Judgment and Memorandum of Law by Eric Covington. Responses due by 6/28/2010 (Attachments: # 1 Exhibit A-B, # 2 Exhibit C)(Herskowitz, Jon) (Entered: 06/04/2010)
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Legal Document (Payment Possibly Required) 195 Filed: 6/4/2010, Entered: None
Plaintiff's MOTION Motion to Exclude Expert Opinion Tesitmony (Daubert Challenge) by Eric Covington. (Attachments: # 1 Exhibit)(Herskowitz, Jon) (Entered: 06/04/2010)
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Legal Document (Payment Possibly Required) 194 Filed: 6/3/2010, Entered: None
NOTICE of Striking 192 Plaintiff's MOTION to Withdraw Document 188 Corrected MOTION for Leave to File Amended Complaint to Substitute Plaintiff Class Representative filed by Eric Covington, 188 Corrected MOTION for Leave to File Amended Complaint to Substitute Plaintiff Class Representative filed by Eric Covington by Eric Covington (Herskowitz, Jon) (Entered: 06/03/2010)
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Legal Document (Payment Possibly Required) 193 Filed: 5/28/2010, Entered: None
RESPONSE to Motion re 192 Plaintiff's MOTION to Withdraw Document 188 Corrected MOTION for Leave to File Amended Complaint to Substitute Plaintiff Class Representative filed by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Hornell Brewing Company, Inc.. Replies due by 6/7/2010. (Gillman, Stephen) (Entered: 05/28/2010)
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Legal Document (Payment Possibly Required) 192 Filed: 5/24/2010, Entered: None
Plaintiff's MOTION to Withdraw Document 188 Corrected MOTION for Leave to File Amended Complaint to Substitute Plaintiff Class Representative by Eric Covington. Responses due by 6/10/2010 (Herskowitz, Jon) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 191 Filed: 5/18/2010, Entered: None Court Filing
ORDER Requiring Plaintiff to Show Cause and Revising Order Setting Hearing; granting 189 Motion for Order to Show Cause Show Cause Hearing set for 6/14/2010 before Judge Patricia A. Seitz.. Signed by Judge Patricia A. Seitz on 5/18/10. (mg) (Entered: 05/19/2010)
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Legal Document (Payment Possibly Required) 190 Filed: 5/17/2010, Entered: None
RESPONSE to Motion re 188 Corrected MOTION for Leave to File Amended Complaint to Substitute Plaintiff Class Representative filed by Arizona Beverage Co., LLC, Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. Replies due by 5/27/2010. (Attachments: # 1 Exhibit A)(Gillman, Stephen) Modified on 5/18/2010 (ls). (Entered: 05/17/2010)
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Legal Document (Payment Possibly Required) 189 Filed: 5/17/2010, Entered: None
Defendant's MOTION for Order to Show Cause why he should Not be Held in Contempt and Sanctions Imposed by Arizona Beverage Co., LLC, Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Text of Proposed Order)(Gillman, Stephen) Modified on 5/18/2010 (ls). (Entered: 05/17/2010)
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Legal Document (Payment Possibly Required) 188 Filed: 5/11/2010, Entered: None
Corrected MOTION for Leave to File Amended Complaint to Substitute Plaintiff Class Representative by Eric Covington. (Herskowitz, Jon) (Entered: 05/11/2010)
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Legal Document (Payment Possibly Required) 187 Filed: 5/10/2010, Entered: None
Plaintiff's MOTION for Leave to File Amended Complaint to Substitute Plaintiff Class Representative by Eric Covington. (Herskowitz, Jon) (Entered: 05/10/2010)
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Legal Document (Payment Possibly Required) 186 Filed: 5/10/2010, Entered: None
REPORT of Mediation; The Plaintiff failed to appear, the scheduled mediation did not proceed. (mg) (Entered: 05/10/2010)
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Legal Document (Payment Possibly Required) 185 Filed: 5/5/2010, Entered: None Court Filing
ORDER denying 184 Motion for Leave to Appear Telephonically at Mediation. Signed by Judge Patricia A. Seitz on 5/5/10. (mg) (Entered: 05/06/2010)
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Legal Document (Payment Possibly Required) 184 Filed: 5/4/2010, Entered: None
MOTION for Leave to Appear Telephonically at Mediation by Eric Covington. Responses due by 5/21/2010 (Attachments: # 1 Text of Proposed Order)(Herskowitz, Jon) (Entered: 05/04/2010)
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Legal Document (Payment Possibly Required) 183 Filed: 4/29/2010, Entered: None
NOTICE by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc. re 182 Notice of Hearing by Attorney of Cancellation of Hearing (Gillman, Stephen) (Entered: 04/29/2010)
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Legal Document (Payment Possibly Required) 182 Filed: 4/26/2010, Entered: None Court Filing
NOTICE of Hearing by ATTORNEY re: Discovery Hearing set for 4:30 p.m. on 04/29/2010, before Magistrate Judge John O'Sullivan (Gillman, Stephen) (Entered: 04/26/2010)
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Legal Document (Payment Possibly Required) 181 Filed: 4/23/2010, Entered: None Court Filing
ORDER granting 159 Motion for Hearing and setting hearing on motion for Class certification. Signed by Judge Patricia A. Seitz on 4/23/10. (mg) (Entered: 04/23/2010)
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Legal Document (Payment Possibly Required) 180 Filed: 4/15/2010, Entered: None Court Filing
ORDER on Informal Discovery Conference. Signed by Magistrate Judge John J. O'Sullivan on 4/15/2010. (tro) (Entered: 04/15/2010)
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Legal Document (Payment Possibly Required) 179 Filed: 4/13/2010, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Discovery Hearing held on 4/13/2010. Order forthcoming. (Digital 9:34:25-10:18:01.) (Tape #10-A-7-196-1716.) (ag) (Entered: 04/13/2010)
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Legal Document (Payment Possibly Required) 178 Filed: 4/8/2010, Entered: None Court Filing
NOTICE of Hearing by ATTORNEY re: Amended Notice of Discovery Hearing set for 9:30 a.m. on 4/13/2010, before Magistrate Judge John O'Sullivan (Gillman, Stephen) Modified on 4/8/2010 (sk). (Entered: 04/08/2010)
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Legal Document (Payment Possibly Required) 177 Filed: 4/8/2010, Entered: None
Notification of Ninety Days Expiring Plaintiff's Motion for Class Certification by Eric Covington (Herskowitz, Jon) (Entered: 04/08/2010)
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Legal Document (Payment Possibly Required) 176 Filed: 3/19/2010, Entered: None Court Filing
NOTICE of Hearing by ATTORNEY re: Discovery Hearing set for 9:30 a.m. on 04/13/2010, before Magistrate Judge John O'Sullivan (Gillman, Stephen) (Entered: 03/19/2010)
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Legal Document (Payment Possibly Required) 175 Filed: 3/11/2010, Entered: None
Notification of Ninety Days Expiring as to Defendants' Motion to Dismiss by Eric Covington re 110 Defendant's MOTION to Dismiss 106 Amended Complaint Corrected and Revised First Amended Class Action Complaint and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 106 Amended Complaint Corrected and Revised First Amended Class Action Complaint and Incorporated Memorandum of Law filed by Hornell Brewing Company, Inc., Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., 126 Response/Reply (Other) filed by Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc., Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., 116 Response in Opposition to Motion,, filed by Eric Covington (Herskowitz, Jon) (Entered: 03/11/2010)
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Legal Document (Payment Possibly Required) 174 Filed: 3/9/2010, Entered: None Court Filing
ORDER Granting Motion for Extension of Deadlines; granting 173 Motion for Extension of Time to File. Signed by Judge Patricia A. Seitz on 3/9/2010. (asl) (Entered: 03/10/2010)
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Legal Document (Payment Possibly Required) 173 Filed: 3/8/2010, Entered: None
Agreed MOTION for Extension of Time to File Daubert/Summary Judgment Motions by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Eric Covington, Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Attachments: # 1 Text of Proposed Order)(Gillman, Stephen) (Entered: 03/08/2010)
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Legal Document (Payment Possibly Required) 172 Filed: 3/2/2010, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Discovery Hearing held on 3/2/2010. (Digital 13:58:39.) (Tape #10A-26 & 27.) (cg1) (Entered: 03/02/2010)
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Legal Document (Payment Possibly Required) 171 Filed: 3/2/2010, Entered: None Court Filing
AGREED ORDER on expert discovery. Signed by Magistrate Judge John J. O'Sullivan on 3/2/2010. (mkr) (Entered: 03/02/2010)
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Legal Document (Payment Possibly Required) 170 Filed: 2/25/2010, Entered: None Court Filing
NOTICE of Hearing by ATTORNEY re: DISCOVERY HEARING set for 2:30 p.m. on 03/02/2010, before Magistrate Judge John O'Sullivan (Gillman, Stephen) (Entered: 02/25/2010)
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Legal Document (Payment Possibly Required) 169 Filed: 2/25/2010, Entered: None
NOTICE OF UNAVAILABILITY by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc. for dates of March 25 through March 30, 2010 for Robert Donovan, Esq. (Gillman, Stephen) (Entered: 02/25/2010)
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Legal Document (Payment Possibly Required) 168 Filed: 2/19/2010, Entered: None
Clerks Notice to Filer re 166 Response in Support of Motion. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#167]. It is not necessary to refile this document. (ls) (Entered: 02/19/2010)
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Legal Document (Payment Possibly Required) 167 Filed: 2/19/2010, Entered: None
REPLY to Response to Motion re 141 MOTION for Summary Judgment and Incorporated Memorandum of Law filed by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (ls)[See Image at DE #166] (Entered: 02/19/2010)
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Legal Document (Payment Possibly Required) 166 Filed: 2/19/2010, Entered: None
RESPONSE in Support re 141 MOTION for Summary Judgment and Incorporated Memorandum of Law filed by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Gillman, Stephen) (Entered: 02/19/2010)
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Sealed Legal Document 165 Filed: 2/19/2010, Entered: None
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Sealed Legal Document 164 Filed: 2/19/2010, Entered: None
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Legal Document (Payment Possibly Required) 163 Filed: 2/12/2010, Entered: None Court Filing
ORDER granting 161 Motion for Extension of Time to Reply Replies due by 2/19/2010.. Signed by Judge Patricia A. Seitz on 2/12/2010. (tb) (Entered: 02/16/2010)
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Legal Document (Payment Possibly Required) 162 Filed: 2/11/2010, Entered: None Court Filing
ORDER granting 160 Motion for Leave to File Excess Pages. Signed by Judge Patricia A. Seitz on 2/11/2010. (tb) (Entered: 02/12/2010)
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Legal Document (Payment Possibly Required) 161 Filed: 2/11/2010, Entered: None
MOTION for Extension of Time to File Reply as to 156 Sealed Document, 155 Sealed Document, 157 Sealed Document in Support of Defendants' Motion for Summary Judgment by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Attachments: # 1 Text of Proposed Order)(Gillman, Stephen) (Entered: 02/11/2010)
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Legal Document (Payment Possibly Required) 160 Filed: 2/11/2010, Entered: None
Unopposed MOTION for Leave to File Excess Pages by Eric Covington. (Herskowitz, Jon) (Entered: 02/11/2010)
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Legal Document (Payment Possibly Required) 159 Filed: 2/8/2010, Entered: None
MOTION for Hearing on Plaintiff's Motion for Class Certification Pursuant to Local Rule 7.1(B) by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Gillman, Stephen) (Entered: 02/08/2010)
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Legal Document (Payment Possibly Required) 158 Filed: 2/8/2010, Entered: None
MEMORANDUM OF LAW in Opposition to Plaintiff's Motion for Class Certification by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Gillman, Stephen) (Entered: 02/08/2010)
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Sealed Legal Document 157 Filed: 2/8/2010, Entered: None
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Sealed Legal Document 156 Filed: 2/8/2010, Entered: None
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Sealed Legal Document 155 Filed: 2/8/2010, Entered: None
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Legal Document (Payment Possibly Required) 154 Filed: 2/8/2010, Entered: None
RESPONSE in Opposition re 143 MOTION for Hearing on Motion for Summary Judgment Pursuant to Local Rule 7.1(B) MOTION for Hearing on Motion for Summary Judgment Pursuant to Local Rule 7.1(B) filed by Eric Covington. (Herskowitz, Jon) (Entered: 02/08/2010)
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Legal Document (Payment Possibly Required) 153 Filed: 2/4/2010, Entered: None Court Filing
ORDER granting 148 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Patricia A. Seitz on 2/4/2010. (tb) (Entered: 02/05/2010)
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Legal Document (Payment Possibly Required) 152 Filed: 2/4/2010, Entered: None
NOTICE by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc. re 149 Response in Opposition to Motion, 148 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Jon M. Herskowitz, Philip A. Tortoreti and Kevin P. Roddy. Filing Fee $150.00. Receipt # 1016031, 1016032, 1016033 of Withdrawal of Objection (Gillman, Stephen) (Entered: 02/04/2010)
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Legal Document (Payment Possibly Required) 151 Filed: 2/3/2010, Entered: None Court Filing
ORDER granting in part 146 Motion for Leave to File. Signed by Judge Patricia A. Seitz on 2/3/2010. (tb) (Entered: 02/04/2010)
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Legal Document (Payment Possibly Required) 150 Filed: 2/3/2010, Entered: None
RESPONSE in Support re 146 MOTION for Leave to File Memorandum of Law in Opposition to Plaintiff's Motion for Class Certification Exceeding Twenty Page Limitation filed by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Gillman, Stephen) (Entered: 02/03/2010)
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Legal Document (Payment Possibly Required) 149 Filed: 2/3/2010, Entered: None
RESPONSE in Opposition re 148 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Jon M. Herskowitz, Philip A. Tortoreti and Kevin P. Roddy. Filing Fee $150.00. Receipt # 1016031, 1016032, 1016033 filed by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Gillman, Stephen) (Entered: 02/03/2010)
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Legal Document (Payment Possibly Required) 148 Filed: 1/28/2010, Entered: None
MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Daniel R. Lapinski, Philip A. Tortoreti and Kevin P. Roddy. Filing Fee $150.00. Receipt # 1016031, 1016032, 1016033. (yc) (Entered: 02/03/2010)
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Legal Document (Payment Possibly Required) 147 Filed: 2/3/2010, Entered: None
RESPONSE in Opposition re 146 MOTION for Leave to File Memorandum of Law in Opposition to Plaintiff's Motion for Class Certification Exceeding Twenty Page Limitation filed by Eric Covington. (Herskowitz, Jon) (Entered: 02/03/2010)
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Legal Document (Payment Possibly Required) 146 Filed: 2/2/2010, Entered: None
MOTION for Leave to File Memorandum of Law in Opposition to Plaintiff's Motion for Class Certification Exceeding Twenty Page Limitation by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Attachments: # 1 Text of Proposed Order)(Gillman, Stephen) (Entered: 02/02/2010)
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Legal Document (Payment Possibly Required) 145 Filed: 2/1/2010, Entered: None
Clerks Notice to Filer re 143 MOTION for Hearing on Motion for Summary Judgment Pursuant to Local Rule 7.1(B) MOTION for Hearing on Motion for Summary Judgment Pursuant to Local Rule 7.1(B). Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (tp) (Entered: 02/01/2010)
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Legal Document (Payment Possibly Required) 144 Filed: 2/1/2010, Entered: None Court Filing
TRANSCRIPT of Informal Discovery Conference held on 01-15-10 before Magistrate Judge John J. O'Sullivan, 1-34 pages, Court Reporter: Carl Schanzleh, 954-769-5488. (Digital 10:31:02&10:58:16.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/25/2010. Redacted Transcript Deadline set for 3/8/2010. Release of Transcript Restriction set for 5/5/2010. (cs) (Entered: 02/01/2010)
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Legal Document (Payment Possibly Required) 143 Filed: 1/29/2010, Entered: None
MOTION for Hearing on 141 Motion for Summary Judgment Pursuant to Local Rule 7.1(B) by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Gillman, Stephen) Modified added link to motion on 2/1/2010 (tp). (Entered: 01/29/2010)
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Legal Document (Payment Possibly Required) 142 Filed: 1/29/2010, Entered: None
Statement of: Undisputed Material Facts Pursuant to Local Rule 7.5 by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Attachments: # 1 Exhibit Responses to Interrogatories, # 2 Exhibit Deposition Transcript, # 3 Exhibit Response to Request for Admissions, # 4 Exhibit Product Label, # 5 Exhibit Product Label)(Gillman, Stephen) (Entered: 01/29/2010)
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Legal Document (Payment Possibly Required) 141 Filed: 1/29/2010, Entered: None Motion for Summary Judgment
MOTION for Summary Judgment and Incorporated Memorandum of Law by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. Responses due by 2/22/2010 (Gillman, Stephen) (Entered: 01/29/2010)
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Legal Document (Payment Possibly Required) 140 Filed: 1/15/2010, Entered: None Court Filing
ORDER on informal discovery conference. Signed by Magistrate Judge John J. O'Sullivan on 1/15/2010. (tro) (Entered: 01/15/2010)
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Legal Document (Payment Possibly Required) 139 Filed: 1/15/2010, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Discovery Hearing held on 1/15/2010. (Digital 10:31:02/10:58:16.) (Tape #10:31:02/10:58:16.) (cg1) (Entered: 01/15/2010)
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Legal Document (Payment Possibly Required) 138 Filed: 1/13/2010, Entered: None Court Filing
ORDER Granting Plaintiff's Motion to File Motion for Class Certification Under Seal; granting 134 Sealed Document. Signed by Judge Patricia A. Seitz on 1/13/2010. (asl) (Entered: 01/13/2010)
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Legal Document (Payment Possibly Required) 137 Filed: 1/11/2010, Entered: None
Clerks Notice of Docket Correction re: Set/Reset Hearings. ERROR: Incorrect time for discovery hearing was set. THE CORRECT DATE AND TIME FOR DISCOVERY HEARING REMAINS 1/15/2010 AT 10:30 AM IN MIAMI DIVISION BEFORE MAGISTRATE JUDGE JOHN J. O'SULLIVAN. (bb) (Entered: 01/11/2010)
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Legal Document (Payment Possibly Required) 136 Filed: 1/8/2010, Entered: None
NOTICE of Hearing by ATTORNEY re: Discovery Hearing set for 10:30 a.m. on 01/15/2010, before Magistrate John J. O'Sullivan (Gillman, Stephen) (Entered: 01/08/2010)
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Sealed Legal Document 135 Filed: 1/8/2010, Entered: None
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Sealed Legal Document 134 Filed: 1/8/2010, Entered: None
Sealed Document (ots) (Entered: 01/08/2010)
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Legal Document (Payment Possibly Required) 133 Filed: 12/9/2009, Entered: None Court Filing
ORDER granting 129 Agreed Motion to Amend Scheduling Order. Signed by Judge Patricia A. Seitz on 12/9/2009. (tas) (Entered: 12/10/2009)
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Legal Document (Payment Possibly Required) 132 Filed: 12/9/2009, Entered: None Court Filing
ORDER Scheduling Mediation before Robert Donovan and Stephen B. Gillman. Mediation Hearing set for 5/7/2010 09:00 AM. Signed by Judge Patricia A. Seitz on 12/9/2009. (tas) (Entered: 12/09/2009)
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Legal Document (Payment Possibly Required) 131 Filed: 12/7/2009, Entered: None
NOTICE of Mediator Selection: Harold C. Knecht selected.(Herskowitz, Jon) (Entered: 12/07/2009)
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Legal Document (Payment Possibly Required) 130 Filed: 12/7/2009, Entered: None
Notice of Supplemental Authority re 110 Defendant's MOTION to Dismiss 106 Amended Complaint Corrected and Revised First Amended Class Action Complaint and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 106 Amended Complaint Corrected and Revised First Amended Class Action Complaint and Incorporated Memorandum of Law, 126 Response/Reply (Other), 116 Response in Opposition to Motion,, Plaintiff's Notice of Supp. Auth. in Support of Opp. to Defendants Motion to Dismiss by Eric Covington (Herskowitz, Jon) (Entered: 12/07/2009)
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Legal Document (Payment Possibly Required) 129 Filed: 12/4/2009, Entered: None Court Filing
Agreed MOTION to Amend/Correct 113 Scheduling Order, Order Referring Case to Magistrate Judge,,,, (Agreed Motion to Amend Scheduling Order Only With Respect To Briefing Schedule For Class Certification Motion) by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Hornell Brewing Company, Inc.. Responses due by 12/21/2009 (Attachments: # 1 Exhibit A- Text of Proposed Order)(Gillman, Stephen) (Entered: 12/04/2009)
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Legal Document (Payment Possibly Required) 128 Filed: 12/1/2009, Entered: None Court Filing
ORDER granting 125 Motion to Withdraw as Attorney. Attorney Allison M. Zieve terminated. Signed by Judge Patricia A. Seitz on 12/1/2009. (tas) (Entered: 12/02/2009)
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Legal Document (Payment Possibly Required) 127 Filed: 12/1/2009, Entered: None Court Filing
Order Vacating 122 Order to Show Cause. Signed by Judge Patricia A. Seitz on 12/1/2009. (tb) (Entered: 12/02/2009)
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Legal Document (Payment Possibly Required) 126 Filed: 11/30/2009, Entered: None
RESPONSE/REPLY to 116 Response in Opposition to Motion,, by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc.. (Gillman, Stephen) (Entered: 11/30/2009)
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Legal Document (Payment Possibly Required) 125 Filed: 11/25/2009, Entered: None
MOTION to Withdraw as Attorney by Allison Zieve. by Eric Covington. Responses due by 12/14/2009 (Herskowitz, Jon) (Entered: 11/25/2009)
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Legal Document (Payment Possibly Required) 124 Filed: 11/25/2009, Entered: None
RESPONSE TO ORDER TO SHOW CAUSE by Eric Covington. (Herskowitz, Jon) (Entered: 11/25/2009)
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Legal Document (Payment Possibly Required) 123 Filed: 11/19/2009, Entered: None
RESPONSE TO ORDER TO SHOW CAUSE by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gillman, Stephen) (Entered: 11/19/2009)
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Legal Document (Payment Possibly Required) 122 Filed: 11/12/2009, Entered: None Court Filing
ORDER TO SHOW CAUSE Show Cause Response due by 11/30/2009.. Signed by Judge Patricia A. Seitz on 11/12/2009. (tb) (Entered: 11/13/2009)
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Legal Document (Payment Possibly Required) 121 Filed: 11/12/2009, Entered: None
Clerk's Appointment of Mediator: Harold C. Knecht added (pj) (Entered: 11/12/2009)
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Legal Document (Payment Possibly Required) 120 Filed: 11/12/2009, Entered: None
Clerks Notice to Filer re 118 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de# 119]. It is not necessary to refile this document. (tp) (Entered: 11/12/2009)
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Legal Document (Payment Possibly Required) 119 Filed: 11/10/2009, Entered: None
Request for Clerk to Appoint Mediator DOCKET CORRECTION SEE DE 118 FOR IMAGE(tp) (Entered: 11/12/2009)
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Legal Document (Payment Possibly Required) 118 Filed: 11/10/2009, Entered: None
NOTICE by Eric Covington re 114 Order Referring Case to Mediation (Herskowitz, Jon) (Entered: 11/10/2009)
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Legal Document (Payment Possibly Required) 117 Filed: 11/5/2009, Entered: None Court Filing
ORDER granting 115 Motion for Extension of Time to Respond re 110 Defendant's MOTION to Dismiss 106 Amended Complaint Corrected and Revised First Amended Class Action Complaint and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 106 Amended Complaint Corrected and Revised First Amended Class Action Complaint and Incorporated Memorandum of Law. Responses due by 11/10/2009 Replies due by 11/30/2009.. Signed by Judge Patricia A. Seitz on 11/5/2009. (tas) (Entered: 11/06/2009)
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Legal Document (Payment Possibly Required) 116 Filed: 11/5/2009, Entered: None
RESPONSE in Opposition re 110 Defendant's MOTION to Dismiss 106 Amended Complaint Corrected and Revised First Amended Class Action Complaint and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 106 Amended Complaint Corrected and Revised First Amended Class Action Complaint and Incorporated Memorandum of Law and Request for Judicial Notice filed by Eric Covington. (Attachments: # 1 Request for Judicial Notice, # 2 Exhibit A - I, # 3 Exhibit J - K, # 4 Exhibit L - M)(Herskowitz, Jon) (Entered: 11/05/2009)
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Legal Document (Payment Possibly Required) 115 Filed: 11/4/2009, Entered: None
Unopposed MOTION for Extension of Time to File Response as to 110 Defendant's MOTION to Dismiss 106 Amended Complaint Corrected and Revised First Amended Class Action Complaint and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 106 Amended Complaint Corrected and Revised First Amended Class Action Complaint and Incorporated Memorandum of Law by Eric Covington. (Attachments: # 1 Exhibit A)(Herskowitz, Jon) (Entered: 11/04/2009)
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Legal Document (Payment Possibly Required) 114 Filed: 10/26/2009, Entered: None Court Filing
ORDER REFERRING CASE to Mediation.. Signed by Judge Patricia A. Seitz on 10/26/2009. (tas) (Entered: 10/27/2009)
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Legal Document (Payment Possibly Required) 113 Filed: 10/26/2009, Entered: None Court Filing
ORDER Setting Trial Date, Pretrial Deadlines and Referral to Magistrate. SCHEDULING ORDER: ( Pretrial Conference set for 9/21/2010 09:00 AM before Judge Patricia A. Seitz., Jury Trial set for 10/12/2010 10:00 AM before Judge Patricia A. Seitz., Calendar Call set for 10/6/2010 01:15 PM before Judge Patricia A. Seitz., Discovery due by 4/30/2010., In Limine Motions due by 9/7/2010., Dispositive Motions due by 5/17/2010., Pretrial Stipulation due by 9/7/2010.), ORDER REFERRING CASE to Magistrate Judge John J. O'Sullivan for Discovery Proceedings.. Signed by Judge Patricia A. Seitz on 10/26/2009. (tas) (Entered: 10/27/2009)
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Legal Document (Payment Possibly Required) 112 Filed: 10/23/2009, Entered: None
Corporate Disclosure Statement by Beverage Marketing USA, Inc.. (Gillman, Stephen) (Entered: 10/23/2009)
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Legal Document (Payment Possibly Required) 111 Filed: 10/19/2009, Entered: None
Defendants, Arizona Beverage Co., LLC and Hornell Brewing Company, Inc.'s ANSWER and Affirmative Defenses to Amended Complaint (to Plaintiff's Corrected and Revised First Amended Complaint) by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc..(Gillman, Stephen) (Entered: 10/19/2009)
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Legal Document (Payment Possibly Required) 110 Filed: 10/19/2009, Entered: None, Terminated: 11/5/2009
Defendant's MOTION to Dismiss 106 Amended Complaint Corrected and Revised First Amended Class Action Complaint and Incorporated Memorandum of Law by Arizona Beverage Co., LLC, Beverage Marketing USA, Inc., Hornell Brewing Company, Inc.. Responses due by 11/5/2009 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Gillman, Stephen) (Entered: 10/19/2009)
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Legal Document (Payment Possibly Required) 109 Filed: 10/5/2009, Entered: None
Clerks Notice to Filer re 108 SCHEDULING REPORT - Rule 26(f)/16.1, 107 SCHEDULING REPORT - Rule 26(f)/16.1. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (tp) (Entered: 10/05/2009)
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Legal Document (Payment Possibly Required) 108 Filed: 10/2/2009, Entered: None
CORRECTED SECOND REVISED SCHEDULING REPORT - Rule 26(f) by Beverage Marketing USA, Inc., Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. (Gillman, Stephen) Modified text on 10/5/2009 (tp). (Entered: 10/02/2009)
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Legal Document (Payment Possibly Required) 107 Filed: 10/2/2009, Entered: None
SECOND REVISED SCHEDULING REPORT - Rule 26(f) by Beverage Marketing USA, Inc., Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. (Gillman, Stephen) Modified text on 10/5/2009 (tp). (Entered: 10/02/2009)
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Legal Document (Payment Possibly Required) 106 Filed: 9/30/2009, Entered: None
Corrected AMENDED COMPLAINT, filed by Eric Covington.(Herskowitz, Jon) (Entered: 09/30/2009)
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Legal Document (Payment Possibly Required) 105 Filed: 9/16/2009, Entered: None Amended Complaint
First AMENDED COMPLAINT, filed by Eric Covington.(Herskowitz, Jon) (Entered: 09/16/2009)
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Legal Document (Payment Possibly Required) 104 Filed: 9/10/2009, Entered: None Court Filing
ORDER granting in part 90 Motion to Amend ; granting in part 90 Motion for Leave to File; Amended Complaint due by 9/21/09; Joint Scheduling Report due by 10/2/09. Signed by Judge Patricia A. Seitz on 9/10/2009. (tas) (Entered: 09/11/2009)
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Legal Document (Payment Possibly Required) 103 Filed: 8/28/2009, Entered: None Court Filing
ORDER on Informal Discovery Conference. Signed by Magistrate Judge John J. O'Sullivan on 8/28/2009. (tro) (Entered: 08/28/2009)
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Legal Document (Payment Possibly Required) 102 Filed: 8/27/2009, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Discovery Hearing held on 8/27/2009. (Digital 15:07:53.) (Tape #09A-71.) (cg1) (Entered: 08/27/2009)
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Legal Document (Payment Possibly Required) 101 Filed: 8/21/2009, Entered: None
NOTICE by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc. (Agreed Notice of Hearing for August 27, 2009 at 3 p.m. before Magistrate O'Sullivan) (Gillman, Stephen) (Entered: 08/21/2009)
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Legal Document (Payment Possibly Required) 100 Filed: 8/12/2009, Entered: None
Notice of Supplemental Authority re 18 Response in Opposition to Motion, Supp. Auth. in Opposition to Defendants' Motion to Dismiss by Eric Covington (Herskowitz, Jon) (Entered: 08/12/2009)
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Legal Document (Payment Possibly Required) 99 Filed: 8/5/2009, Entered: None Court Filing
ORDER granting in part and denying in part 89 Motion to Strike or Alternative Motion for Leave to Respond to Plaintiffs Second Notice of Supplemental Authority. Signed by Judge Patricia A. Seitz on 8/5/2009. (tas) (Entered: 08/06/2009)
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Legal Document (Payment Possibly Required) 98 Filed: 8/4/2009, Entered: None Court Filing
ORDER Lifting Stay; denying as moot 72 Motion to Reconsider and Lift Stay. Signed by Judge Patricia A. Seitz on 8/4/2009. (tas) (Entered: 08/05/2009)
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Legal Document (Payment Possibly Required) 97 Filed: 7/23/2009, Entered: None
Notice of Supplemental Authority re 87 Order, 88 Response in Opposition to Motion,, 79 Notice of Supplemental Authority, 96 Notice of Supplemental Authority, 67 Order on Motion to Dismiss, 72 MOTION for Reconsideration re 67 Order on Motion to Dismiss Plaintiff's Fourth Notice of Supp. Authority in Support of Motion to Reconsider and Lift Stay and in Opposition to Defendants' Motion to Dismiss by Eric Covington (Herskowitz, Jon) (Entered: 07/23/2009)
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Legal Document (Payment Possibly Required) 96 Filed: 7/22/2009, Entered: None
Notice of Supplemental Authority re 84 Notice (Other), 87 Order, 88 Response in Opposition to Motion,, 79 Notice of Supplemental Authority, 67 Order on Motion to Dismiss, 72 MOTION for Reconsideration re 67 Order on Motion to Dismiss Plaintiff's Third Notice of Supplemental Authority in Support of Motion to Consider and Lift Stay and in Opposition to Defendants' Motion to Dismiss by Eric Covington (Herskowitz, Jon) (Entered: 07/22/2009)
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Legal Document (Payment Possibly Required) 95 Filed: 7/22/2009, Entered: None
Corporate Disclosure Statement by Hornell Brewing Company, Inc. identifying Corporate Parent Beverage Marketing USA, Inc. for Hornell Brewing Company, Inc.. (Gillman, Stephen) (Entered: 07/22/2009)
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Legal Document (Payment Possibly Required) 94 Filed: 7/21/2009, Entered: None
Notice of Supplemental Authority re 90 Plaintiff's MOTION to Amend/Correct ComplaintPlaintiff's MOTION for Leave to File First Amended Complaint by Eric Covington (Herskowitz, Jon) (Entered: 07/21/2009)
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Legal Document (Payment Possibly Required) 93 Filed: 7/15/2009, Entered: None Court Filing
ORDER granting defendant Hornell Brewing Company, Inc.'s request to permit additional interrogatories. Signed by Magistrate Judge John J. O'Sullivan on 7/15/2009. (mkr) (Entered: 07/15/2009)
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Legal Document (Payment Possibly Required) 92 Filed: 6/22/2009, Entered: None
NOTICE OF UNAVAILABILITY by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc. for dates of July 30, 2009 through August 13, 2009 (Gillman, Stephen) (Entered: 06/22/2009)
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Legal Document (Payment Possibly Required) 91 Filed: 6/22/2009, Entered: None
Defendant's MOTION to Withdraw Document 74 Defendant's MOTION to Extend Partial Stay and to Include Discovery and Incorporated Memorandum of Law by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. Responses due by 7/10/2009 (Gillman, Stephen) (Entered: 06/22/2009)
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Legal Document (Payment Possibly Required) 90 Filed: 6/12/2009, Entered: None
Plaintiff's MOTION to Amend/Correct Complaint ( Responses due by 6/29/2009), Plaintiff's MOTION for Leave to File First Amended Complaint by Eric Covington. (Attachments: # 1 Exhibit Exhibit A to Plaintiff's Motion for Leave to Amend, # 2 Exhibit Exibit B to Plaintiff's Motion for Leave to Amend, # 3 Exhibit Exhibit C to Plaintiff's Motion for Leave to Amend)(Herskowitz, Jon) (Entered: 06/12/2009)
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Legal Document (Payment Possibly Required) 89 Filed: 5/8/2009, Entered: None
Defendant's MOTION to Strike 88 Response in Opposition to Motion,, Or Alternative Motion for Leave to Respond to Plaintiff's Second Notice of Supplemental Authority with Respect to Defendants' Motion to Dismiss by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. Responses due by 5/26/2009 (Gillman, Stephen) (Entered: 05/08/2009)
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Legal Document (Payment Possibly Required) 88 Filed: 5/6/2009, Entered: None
RESPONSE in Opposition re 4 Defendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of Law, 68 MOTION for Reconsideration re 67 Order on Motion to Dismiss, 72 MOTION for Reconsideration re 67 Order on Motion to Dismiss Supplemental Authority in Oppostion to Defendants' Motion to Dismiss and Supplemental Authority in Support of Motion to Lift Stay and Rule on Defendants' Motion to Dismiss filed by Eric Covington. (Herskowitz, Jon) (Entered: 05/06/2009)
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Legal Document (Payment Possibly Required) 87 Filed: 4/8/2009, Entered: None
MDL ORDER DENYING TRANSFER re: MDL #2026. Signed by John G. Heyburn II, Chairman of the Panel. (gp) (Entered: 04/08/2009)
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Legal Document (Payment Possibly Required) 86 Filed: 4/7/2009, Entered: None
NOTICE by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc. re 67 Order on Motion to Dismiss (Notice of Filing) (Attachments: # 1 Exhibit A)(Gillman, Stephen) (Entered: 04/07/2009)
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Legal Document (Payment Possibly Required) 85 Filed: 4/7/2009, Entered: None
RESPONSE in Support re 74 Defendant's MOTION to Extend Partial Stay and to Include Discovery and Incorporated Memorandum of Law (Supplemental Submission) filed by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. (Attachments: # 1 Exhibit A)(Gillman, Stephen) (Entered: 04/07/2009)
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Legal Document (Payment Possibly Required) 84 Filed: 4/7/2009, Entered: None
NOTICE by Eric Covington Notice of Denial of MDL Transfer (Herskowitz, Jon) (Entered: 04/07/2009)
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Legal Document (Payment Possibly Required) 83 Filed: 4/3/2009, Entered: None
REPLY to Response to Motion re 74 Defendant's MOTION to Extend Partial Stay and to Include Discovery and Incorporated Memorandum of Law filed by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. (Gillman, Stephen) (Entered: 04/03/2009)
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Legal Document (Payment Possibly Required) 82 Filed: 4/2/2009, Entered: None
RESPONSE in Opposition re 74 Defendant's MOTION to Extend Partial Stay and to Include Discovery and Incorporated Memorandum of Law Plaintiff's Second Supplental Notice of Authority in Opposition filed by Eric Covington. (Herskowitz, Jon) (Entered: 04/02/2009)
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Legal Document (Payment Possibly Required) 81 Filed: 3/30/2009, Entered: None
REPLY to Response to Motion re 74 Defendant's MOTION to Extend Partial Stay and to Include Discovery and Incorporated Memorandum of Law ("Defendants' Reply to Plaintiff's Opposition to Motion to Stay Discovery") filed by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Gillman, Stephen) (Entered: 03/30/2009)
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Legal Document (Payment Possibly Required) 80 Filed: 3/24/2009, Entered: None
RESPONSE in Opposition re 74 Defendant's MOTION to Extend Partial Stay and to Include Discovery and Incorporated Memorandum of Law filed by Eric Covington. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Herskowitz, Jon) (Entered: 03/24/2009)
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Legal Document (Payment Possibly Required) 79 Filed: 3/24/2009, Entered: None
Notice of Supplemental Authority re 72 MOTION for Reconsideration re 67 Order on Motion to Dismiss by Eric Covington (Attachments: # 1 Exhibit A)(Herskowitz, Jon) (Entered: 03/24/2009)
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Legal Document (Payment Possibly Required) 78 Filed: 3/18/2009, Entered: None
RESPONSE in Opposition re 74 Defendant's MOTION to Extend Partial Stay and to Include Discovery and Incorporated Memorandum of Law filed by Eric Covington. (Herskowitz, Jon) (Entered: 03/18/2009)
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Legal Document (Payment Possibly Required) 77 Filed: 3/13/2009, Entered: None
REPLY to Response to Motion re 72 MOTION for Reconsideration re 67 Order on Motion to Dismiss filed by Eric Covington. (Herskowitz, Jon) (Entered: 03/13/2009)
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Legal Document (Payment Possibly Required) 76 Filed: 3/11/2009, Entered: None
Clerks Notice of Docket Correction and Instruction to Filer re 73 Response/Reply (Other), Response/Reply (Other) filed by Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc., Arizona Beverage Co., LLC. Error - Wrong Event Selected; Correction - Redocketed by Clerk as "Response in Opposition to Motion". Instruction to Filer - In the future, please select the proper event. It is not necessary to refile this document. (tp) (Entered: 03/11/2009)
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Legal Document (Payment Possibly Required) 75 Filed: 3/10/2009, Entered: None
RESPONSE in Opposition re 68 MOTION for Reconsideration re 67 Order on Motion to Dismiss filed by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. See DE 73 for image (tp) (Entered: 03/11/2009)
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Legal Document (Payment Possibly Required) 74 Filed: 3/9/2009, Entered: None
Defendant's MOTION to Extend Partial Stay and to Include Discovery and Incorporated Memorandum of Law by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gillman, Stephen) (Entered: 03/09/2009)
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Legal Document (Payment Possibly Required) 73 Filed: 3/9/2009, Entered: None
RESPONSE/REPLY to 68 MOTION for Reconsideration re 67 Order on Motion to Dismiss (Defendants' Response in Opposition to Plaintiff's Motion to Lift Stay) by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gillman, Stephen) (Entered: 03/09/2009)
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Legal Document (Payment Possibly Required) 72 Filed: 2/19/2009, Entered: None
MOTION for Reconsideration re 67 Order on Motion to Dismiss by Eric Covington. (Herskowitz, Jon) (Entered: 02/19/2009)
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Legal Document (Payment Possibly Required) 71 Filed: 2/19/2009, Entered: None
NOTICE of Striking 69 Exhibits, filed by Eric Covington, 68 MOTION for Reconsideration re 67 Order on Motion to Dismiss filed by Eric Covington by Eric Covington (Herskowitz, Jon) (Entered: 02/19/2009)
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Legal Document (Payment Possibly Required) 70 Filed: 2/10/2009, Entered: None
Clerks Notice of Docket Correction and Instruction to Filer re 69 Exhibits, filed by Eric Covington. Error - Document Not Captioned; Instruction to filer - File a Notice of Striking docket entry and refile the document in accordance with the Local Rules. (ls) (Entered: 02/10/2009)
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Legal Document (Payment Possibly Required) 69 Filed: 2/9/2009, Entered: None
EXHIBITS A and B to Plaintiff's Motion for Reconsideration and Lift Stay by Eric Covington re: 68 MOTION for Reconsideration re 67 Order on Motion to Dismiss filed by Eric Covington. Related document: 68 MOTION for Reconsideration re 67 Order on Motion to Dismiss filed by Eric Covington.(Herskowitz, Jon) (Entered: 02/09/2009)
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Legal Document (Payment Possibly Required) 68 Filed: 2/9/2009, Entered: None
MOTION for Reconsideration re 67 Order on Motion to Dismiss by Eric Covington. (Herskowitz, Jon) (Entered: 02/09/2009)
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Legal Document (Payment Possibly Required) 67 Filed: 2/2/2009, Entered: None Court Filing
ORDER Partially Staying Case re 4 Motion to Dismiss. Signed by Judge Patricia A. Seitz on 2/2/2009. (tas) (Entered: 02/02/2009)
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Legal Document (Payment Possibly Required) 66 Filed: 1/29/2009, Entered: None Court Filing
ORDER on Informal Discovery Conference. Signed by Magistrate Judge John J. O'Sullivan on 1/29/2009. (lc4) (Entered: 01/29/2009)
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Legal Document (Payment Possibly Required) 65 Filed: 1/27/2009, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Discovery Hearing held on 1/27/2009. (Tape #09A-8-850.) (cg1) (Entered: 01/29/2009)
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Legal Document (Payment Possibly Required) 64 Filed: 1/22/2009, Entered: None
Courtesy Copy of Defendants' Motion for Transfer and Coordination under 28 USC 1407 sent before the Judicial Panel on Multidistrict Litigation. (Attachments: # 1 Brief in Support of Motion, # 2 Notice of Atty re: Service, # 3 Corporate Disclosure Statement, # 4 Proof of Service, # 5 Declaration, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H - Part 1, # 14 Exhibit H - Part 2, # 15 Exhibit H - Part 3, # 16 Exhibit I, # 17 Exhibit J, # 18 Exhibit K, # 19 Exhibit L, # 20 Exhibit M) (gp) (Entered: 01/22/2009)
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Legal Document (Payment Possibly Required) 63 Filed: 1/16/2009, Entered: None Court Filing
NOTICE by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc. (Notice of Hearing on Defendants' Motion to Compel Better Answers to Interrogatories and Responses to Requests for Production; January 27, 2009 at 4 p.m. before Magistrate Judge John J. O' Sullivan; 5th Floor Courtroom; 301 N. Miami Avenue, Miami, FL) (Gillman, Stephen) (Entered: 01/16/2009)
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Legal Document (Payment Possibly Required) 62 Filed: 1/15/2009, Entered: None Court Filing
ORDER granting in part and denying in part 58 MOTION to Appoint Lead Counsel Joseph L. Tucker and G. Richard Baker. Signed by Judge Patricia A. Seitz on 1/15/2009. (tas) (Entered: 01/16/2009)
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Legal Document (Payment Possibly Required) 61 Filed: 1/15/2009, Entered: None Court Filing
ORDER granting 60 Agreed Motion to Enter Consent Confidentiality Order and Consent Confidentiality Order. Signed by Magistrate Judge John J. O'Sullivan on 1/15/2009. (lc4) (Entered: 01/15/2009)
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Legal Document (Payment Possibly Required) 60 Filed: 1/15/2009, Entered: None
Agreed MOTION Agreed Motion to Enter Confidentiality Order by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc.. (Attachments: # 1 Exhibit 1 (Consent Confidentiality Order))(Gillman, Stephen) (Entered: 01/15/2009)
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Legal Document (Payment Possibly Required) 59 Filed: 1/14/2009, Entered: None Court Filing
ORDER Scheduling Mediation before Donald R. Niles. Mediation Hearing set for 11/6/2009 09:00 AM. Signed by Judge Patricia A. Seitz on 1/14/2009. (tas) (Entered: 01/14/2009)
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Legal Document (Payment Possibly Required) 58 Filed: 1/12/2009, Entered: None
MOTION to Appoint Lead Counsel Baker, G. Richard & Tucker, Joseph L. "Josh" by Eric Covington. Responses due by 1/30/2009 (Herskowitz, Jon) (Entered: 01/12/2009)
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Legal Document (Payment Possibly Required) 57 Filed: 1/12/2009, Entered: None
NOTICE by Eric Covington re 54 Clerk's Appointment of Mediator, 38 Order Referring Case to Mediation, 45 Clerk's Appointment of Mediator Proposed Order Scheduling Mediation (Herskowitz, Jon) (Entered: 01/12/2009)
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Legal Document (Payment Possibly Required) 56 Filed: 1/6/2009, Entered: None
Clerks Notice of Docket Correction re 54 Clerk's Appointment of Mediator. Docket Text Modified to show correct attorney for plaintiff. (vp) (Entered: 01/06/2009)
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Legal Document (Payment Possibly Required) 55 Filed: 1/6/2009, Entered: None
CORRECTED Clerk's Appointment of Mediator: Donald Niles. Document re-filed to show correct lead attorney for plaintiff. (vp) (Entered: 01/06/2009)
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Legal Document (Payment Possibly Required) 54 Filed: 1/6/2009, Entered: None
Clerk's Appointment of Mediator: Donald R. Niles added (js1) (Entered: 01/06/2009)
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Legal Document (Payment Possibly Required) 53 Filed: 1/2/2009, Entered: None Court Filing
ORDER Granting 50 Motion for George Richard Baker to Appear Pro Hac Vice; and Directing Addition to Docket to Receive Notices of Electronic Filing. Signed by Judge Patricia A. Seitz on 1/2/2009. (tas) (Entered: 01/05/2009)
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Legal Document (Payment Possibly Required) 52 Filed: 12/31/2008, Entered: None
MEMORANDUM in Support re 4 Defendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of Law filed by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. (Gillman, Stephen) (Entered: 12/31/2008)
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Legal Document (Payment Possibly Required) 51 Filed: 12/31/2008, Entered: None
RESPONSE in Opposition re 4 Defendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of Law Supp. Auth. in Opposition of Defendants' Motion to Dismiss Pursuant to Court Order filed by Eric Covington. (Herskowitz, Jon) (Entered: 12/31/2008)
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Legal Document (Payment Possibly Required) 50 Filed: 12/23/2008, Entered: None Motion to Appear Pro Hac Vice
MOTION to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for George Richard Baker, Filing Fee $75.00, Receipt #992517. (cw) (Entered: 12/28/2008)
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Legal Document (Payment Possibly Required) 49 Filed: 12/22/2008, Entered: None Court Filing
ORDER granting 46 Motion to Withdraw as Attorney. Attorney Edward E. Angwin terminated. Signed by Judge Patricia A. Seitz on 12/19/2008. (vjk) (Entered: 12/22/2008)
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Legal Document (Payment Possibly Required) 48 Filed: 12/19/2008, Entered: None Court Filing
ORDER striking 47 Motion for Leave to File. Signed by Magistrate Judge John J. O'Sullivan on 12/19/2008. (lc4) (Entered: 12/19/2008)
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Legal Document (Payment Possibly Required) 47 Filed: 12/19/2008, Entered: None
Plaintiff's MOTION for Leave to File Interrogatories in Excess of the Amount Allowed by the Fed. R. Civ. P. by Eric Covington. (Herskowitz, Jon) (Entered: 12/19/2008)
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Legal Document (Payment Possibly Required) 46 Filed: 12/17/2008, Entered: None
MOTION to Withdraw as Attorney by Edward Angwin. by Edward E Angwin. Responses due by 1/5/2009 (Herskowitz, Jon) (Entered: 12/17/2008)
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Legal Document (Payment Possibly Required) 45 Filed: 12/17/2008, Entered: None
Clerk's Appointment of Mediator: Leonard Rivkind added (js1) (Entered: 12/17/2008)
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Legal Document (Payment Possibly Required) 44 Filed: 12/15/2008, Entered: None Court Filing
ORDER Requiring Supplemental Briefing. The Parties shall file their supplemental briefs by 12/31/08 Signed by Judge Patricia A. Seitz on 12/15/2008. (tas) (Entered: 12/15/2008)
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Legal Document (Payment Possibly Required) 43 Filed: 12/10/2008, Entered: None
Clerks Notice of Docket Correction and Instruction to Filer re 41 Notice (Other) filed by Eric Covington,. Error - Wrong Event Selected; Correction - Redocketed by Clerk as __ 42 Request for Clerk to Appoint Mediator. Instruction to Filer - In the future, please select the proper event. It is not necessary to refile this document. (gp) (Entered: 12/10/2008)
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Legal Document (Payment Possibly Required) 42 Filed: 12/9/2008, Entered: None
Request for Clerk to Appoint Mediator. **See 41 for Image** (gp) (Entered: 12/10/2008)
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Legal Document (Payment Possibly Required) 41 Filed: 12/9/2008, Entered: None
NOTICE by Eric Covington re 38 Order Referring Case to Mediation (Herskowitz, Jon) (Entered: 12/09/2008)
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Legal Document (Payment Possibly Required) 40 Filed: 11/26/2008, Entered: None Court Filing
ORDER granting 39 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Patricia A. Seitz on 11/25/2008. (tb) (Entered: 11/26/2008)
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Legal Document (Payment Possibly Required) 39 Filed: 11/21/2008, Entered: None Motion to Appear Pro Hac Vice
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings for Allison M. Zieve, Filing Fee $75.00, Receipt #990730. (cw) (Entered: 11/25/2008)
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Legal Document (Payment Possibly Required) 38 Filed: 11/13/2008, Entered: None Court Filing
ORDER REFERRING CASE to Mediation. 15 days to appoint mediator.. Signed by Judge Patricia A. Seitz on 11/12/08. (gp) (Entered: 11/14/2008)
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Legal Document (Payment Possibly Required) 37 Filed: 11/13/2008, Entered: None Court Filing
ORDER SETTING TRIAL DATE, PRETRIAL DEADLINES and ORDER REFERRING CASE to Magistrate Judge John J. O' and Sullivan for Discovery Proceedings : (Pretrial Conference set for 3/26/2010 09:00 AM in Miami Division before Judge Patricia A. Seitz., Jury Trial set for 4/26/2010 10:00 AM in Miami Division before Judge Patricia A. Seitz., Calendar Call set for 4/21/2010 01:15 PM in Miami Division before Judge Patricia A. Seitz., aLL Discovery due by 10/26/2009., All Summary Judgment and Daubert Motions due by 12/1/2009., Joint Pretrial Stipulation due by 3/19/2010.),. Signed by Judge Patricia A. Seitz on 11/12/08. (gp) (Entered: 11/14/2008)
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Legal Document (Payment Possibly Required) 36 Filed: 11/6/2008, Entered: None
NOTICE of Striking 35 Defendant's MOTION for Disclosure (Defendants' Rule 26 Initial Disclosures) filed by Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc., Arizona Beverage Co., LLC (Defendants' Notice of Striking Its Rule 26 Initial Disclosures [DE 35] From Court Record) by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc. (Gillman, Stephen) (Entered: 11/06/2008)
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Legal Document (Payment Possibly Required) 35 Filed: 11/6/2008, Entered: None
Defendant's MOTION for Disclosure (Defendants' Rule 26 Initial Disclosures) by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. (Gillman, Stephen) (Entered: 11/06/2008)
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Legal Document (Payment Possibly Required) 34 Filed: 11/3/2008, Entered: None
SCHEDULING REPORT- Rule 26(f). (Gillman, Stephen) (Entered: 11/03/2008)
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Legal Document (Payment Possibly Required) 33 Filed: 10/31/2008, Entered: None Court Filing
ORDER denying 17 Motion to Stay. Signed by Judge Patricia A. Seitz on 10/31/2008. (gp) (Entered: 11/03/2008)
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Legal Document (Payment Possibly Required) 32 Filed: 10/30/2008, Entered: None Court Filing
ORDER Denying 14 Motion to Remand to State Court. Signed by Judge Patricia A. Seitz on 10/30/08. (gp) (Entered: 10/31/2008)
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Legal Document (Payment Possibly Required) 31 Filed: 10/6/2008, Entered: None Court Filing
ORDER re 28 Response/Reply (Other) filed by Ferolito, Vultaggio & Sons, Inc., Hornell Brewing Company, Inc., Arizona Beverage Co., LLC, 27 SCHEDULING REPORT- Rule 26(f). The parties shall file a revised Joint Scheduling Report, in accordance with the Court's instructions at the hearing, by 11/6/2008. **Please see Order for further details**. Signed by Judge Patricia A. Seitz on 10/6/08. (gp) (Entered: 10/07/2008)
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Legal Document (Payment Possibly Required) 30 Filed: 10/6/2008, Entered: None Court Filing
Minute Entry for proceedings held before Judge Patricia A. Seitz: Motion Hearing held on 10/6/2008 re 4 Defendant's MOTION to Dismiss 1 Notice of Removal, 14 Plaintiff's MOTION to Remand to State Court, and 26 MOTION re 8 Order Requiring Joint Scheduling Report. Court Reporter: Larry Herr, Phone: 305-523-5290 (lw) (Entered: 10/07/2008)
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Legal Document (Payment Possibly Required) 29 Filed: 9/29/2008, Entered: None
REPLY to Response to Motion re 4 Defendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of Law (Defendants' Reply Memorandum in Support of Motion to Dismiss) filed by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gillman, Stephen) (Entered: 09/29/2008)
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Legal Document (Payment Possibly Required) 28 Filed: 9/22/2008, Entered: None
OBJECTION TO PROVIDING RULE 26 DISCLOSURES re: 8 Order Requiring Joint Scheduling Report filed by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. **For Image please see DE # 26 ** (gp) (Entered: 09/23/2008)
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Legal Document (Payment Possibly Required) 27 Filed: 9/22/2008, Entered: None
SCHEDULING REPORT- Rule 26(f). (Gillman, Stephen) (Entered: 09/22/2008)
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Legal Document (Payment Possibly Required) 26 Filed: 9/22/2008, Entered: None
MOTION re 8 Order Requiring Joint Scheduling Report (DEFENDANTS' OBJECTION TO PROVIDING RULE 26 DISCLOSURES) by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. (Gillman, Stephen) (Entered: 09/22/2008)
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Legal Document (Payment Possibly Required) 25 Filed: 9/16/2008, Entered: None
Corporate Disclosure Statement by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. (Gillman, Stephen) (Entered: 09/16/2008)
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Legal Document (Payment Possibly Required) 24 Filed: 9/15/2008, Entered: None
REPLY to Response to Motion re 15 Plaintiff's MOTION to Remand to State Court and Memo In Support of Motion, 14 Plaintiff's MOTION to Remand to State Court filed by Eric Covington. (Herskowitz, Jon) (Entered: 09/15/2008)
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Legal Document (Payment Possibly Required) 23 Filed: 9/4/2008, Entered: None
MEMORANDUM in Opposition re 15 Plaintiff's MOTION to Remand to State Court and Memo In Support of Motion, 14 Plaintiff's MOTION to Remand to State Court filed by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gillman, Stephen) (Entered: 09/04/2008)
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Legal Document (Payment Possibly Required) 22 Filed: 9/4/2008, Entered: None Court Filing
ORDER Granting 21 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Directing Addition to Docket to Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 9/4/08. (gp) (Entered: 09/04/2008)
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Legal Document (Payment Possibly Required) 21 Filed: 8/29/2008, Entered: None Motion to Appear Pro Hac Vice
MOTION to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Joseph L. Tucker and Edward E. Angwin, Filing Fee $150, Receipt #986156. (cw) (Entered: 09/03/2008)
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Legal Document (Payment Possibly Required) 20 Filed: 9/3/2008, Entered: None Court Filing
ORDER granting in part and denying in part 16 Motion to Stay Briefing and Ruling on Motion to Dismiss, or, in the Alternative, for a Ten Day extension of Deadlines to File Briefs Relating to Motion to Dismiss. The Plaintiff shall have until 9/8/09 to file a response to the Motion to Dismiss. **Please see Order for further details**. Signed by Judge Patricia A. Seitz on 8/29/08. (gp) (Entered: 09/03/2008)
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Legal Document (Payment Possibly Required) 19 Filed: 8/29/2008, Entered: None
RESPONSE in Opposition re 16 Plaintiff's MOTION for Extension of Time to File Extend or Stay Response to Defendants Motion to Dismiss (Partial Opposition) filed by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. (Gillman, Stephen) (Entered: 08/29/2008)
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Legal Document (Payment Possibly Required) 18 Filed: 8/29/2008, Entered: None
RESPONSE in Opposition re 4 Defendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of Law filed by Eric Covington. (Herskowitz, Jon) (Entered: 08/29/2008)
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Legal Document (Payment Possibly Required) 17 Filed: 8/29/2008, Entered: None
Amended MOTION to Stay by Eric Covington. Responses due by 9/18/2008 (Herskowitz, Jon) (Entered: 08/29/2008)
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Legal Document (Payment Possibly Required) 16 Filed: 8/28/2008, Entered: None
Plaintiff's MOTION for Extension of Time to File Extend or Stay Response to Defendants Motion to Dismiss by Eric Covington. (Herskowitz, Jon) (Entered: 08/28/2008)
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Legal Document (Payment Possibly Required) 15 Filed: 8/11/2008, Entered: None
Plaintiff's MEMORANDUM of Law In Support of 14 MOTION to Remand to State Court by Eric Covington. (Herskowitz, Jon) -Modified to accurately describe the document being filed on 9/3/2008 (gp). (Entered: 08/11/2008)
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Legal Document (Payment Possibly Required) 14 Filed: 8/11/2008, Entered: None
Plaintiff's MOTION to Remand to State Court by Eric Covington. (Herskowitz, Jon) (Entered: 08/11/2008)
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Legal Document (Payment Possibly Required) 13 Filed: 8/11/2008, Entered: None Court Filing
ORDER granting 5 motion for hearing and Setting Hearing on Motion 4 Defendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of Law : Motion Hearing set for 10/6/2008 09:00 AM before Judge Patricia A. Seitz.. Signed by Judge Patricia A. Seitz on 8/8/2008. (dm) (Entered: 08/11/2008)
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Legal Document (Payment Possibly Required) 12 Filed: 8/5/2008, Entered: None
NOTICE of Docket Correction: re 11 Order, Error: Document Filed in Wrong Case; Correction - Original document restricted, docket text modified, refiled in correct case #08-21984. (bs) (Entered: 08/05/2008)
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Legal Document (Payment Possibly Required) 11 Filed: 8/5/2008, Entered: None
ERROR IN DOCKETING; docketed pleading in wrong case (bs) Modified on 8/5/2008 (bs). (Entered: 08/05/2008)
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Legal Document (Payment Possibly Required) 10 Filed: 8/5/2008, Entered: None Court Filing
ORDER granting 9 Motion for Extension of Briefing Deadlines. Signed by Judge Patricia A. Seitz on 08/04/2008. (bs) (Entered: 08/05/2008)
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Legal Document (Payment Possibly Required) 9 Filed: 8/1/2008, Entered: None
Joint MOTION For Extension of Briefing Deadlines by Eric Covington, Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. (Attachments: # 1 Text of Proposed Order)(Gillman, Stephen) (Entered: 08/01/2008)
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Legal Document (Payment Possibly Required) 8 Filed: 8/1/2008, Entered: None Court Filing
Order Requiring Joint Scheduling Report -Joint Scheduling Report due by 9/22/2008. Signed by Judge Patricia A. Seitz on 7/31/2008. (tb) (Entered: 08/01/2008)
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Legal Document (Payment Possibly Required) 7 Filed: 7/22/2008, Entered: None Court Filing
ORDER granting 6 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Patricia A. Seitz on 7/21/2008. (tb) (Entered: 07/22/2008)
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Legal Document (Payment Possibly Required) 6 Filed: 7/14/2008, Entered: None
MOTION for Limited Appearance, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings for Robert P. Donovan, Filing Fee $75, Receipt #983664. (cw) (Entered: 07/16/2008)
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Legal Document (Payment Possibly Required) 5 Filed: 7/14/2008, Entered: None
Defendant's MOTION Request for Hearing re 4 Defendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of LawDefendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of Law Pursuant to Local Rule 7.1(B) by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. (Gillman, Stephen) (Entered: 07/14/2008)
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Legal Document (Payment Possibly Required) 4 Filed: 7/14/2008, Entered: None
Defendant's MOTION to Dismiss 1 Notice of Removal (Complaint) and Incorporated Memorandum of Law by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. Responses due by 7/31/2008 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F - 1 OF 3, # 7 Exhibit F - 2 OF 3, # 8 Exhibit F - 3 OF 3, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I - 1 OF 2, # 12 Exhibit I - 2 OF 2)(Gillman, Stephen) (Entered: 07/14/2008)
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Legal Document (Payment Possibly Required) 3 Filed: 7/7/2008, Entered: None Court Filing
PAPERLESS ORDER Granting Unopposed Motion for Enlargement of Time to Respond to Complaint [DE-2]. Defendants shall have until and including July 14, 2008, to file a response. Signed by Judge Patricia A. Seitz on 7/7/08. (lc1) (Entered: 07/07/2008)
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Legal Document (Payment Possibly Required) 2 Filed: 7/3/2008, Entered: None
Unopposed MOTION for Extension of Time to File Response to Complaint by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc.. (Attachments: # 1 Text of Proposed Order)(Gillman, Stephen) (Entered: 07/03/2008)
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Legal Document (Payment Possibly Required) 1 Filed: 7/3/2008, Entered: None
NOTICE OF REMOVAL Filing fee $350.00 Receipt#: 983160, filed by Arizona Beverage Co., LLC, Hornell Brewing Company, Inc., Ferolito, Vultaggio & Sons, Inc..(jgn) (Entered: 07/03/2008)
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