McCarter and English LLP v. Jarrow Formulas, Inc
| McCarter and English LLP |
| Jarrow Formulas, Inc and McCarter & English, LLP |
| 3:2019cv01124 |
| July 22, 2019 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Michael P Shea |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 51 Minute Entry for proceedings held before Judge Robert M. Spector: A telephonic status conference was held on 9/19/2019 at 11:00 a.m. 15 minutes (Mallon, Kathleen) |
| Filing 50 OBJECTION re 42 Order,,,,,,, 46 Order on Motion for Order, #45 Joint MOTION for Order to Modify Deadline to File Statement re Admissibility of Proposed Exhibits Order TO DEFENDANT'S EXHIBITS filed by McCarter and English LLP. (Pepe, Louis) |
| Filing 49 OBJECTION to Plaintiff Proposed Exhibits filed by Jarrow Formulas, Inc. (Tinley, Jeffrey) |
| Filing 48 Joint STATUS REPORT by McCarter and English LLP. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pepe, Louis) |
Filing 46
ORDER granting #45 Motion for Order. Signed by Judge Sarah A. L. Merriam on 09/16/2019. (Spangenburg, S.)
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| Filing 45 Joint MOTION for Order to Modify Deadline to File Statement re Admissibility of Proposed Exhibits Order by Jarrow Formulas, Inc. (Tinley, Jeffrey) |
| Filing 43 Minute Entry for proceedings held before Judge Sarah A. L. Merriam: Status Conference held on 9/12/2019. 17 minutes(Court Reporter FTR - CR4.) (Caffrey, A.) |
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Filing 42
ORDER. The Court conducted a telephonic conference with counsel for both parties, on the record, today. As discussed during that conference, the parties are to meet and confer to discuss the witnesses and exhibits proposed for the Prejudgment Remedy Hearing scheduled for September 24, 2019. The Court encourages the parties to consider submitting evidence by affidavit, rather than by live testimony, where possible, particularly in light of the fact that a PJR hearing is a brief preliminary proceeding, rather than a full trial, and as such the Court has scheduled this proceeding for one day of evidence. The Court is permitted to, and will, consider evidence in any form when it evaluates the merits of the motion.On or before September 17, 2019, at 4:00 p.m., the parties shall file a joint status report. This report shall indicate whether plaintiff objects to the qualification of either of defendant's two proposed expert witnesses as an expert. If any such objection is made, defendant shall proffer the proposed expert's qualifications so that the Court may resolve the question in advance of the hearing. Defendant shall provide a written report of any proposed expert expected to testify at the hearing. The report need not comply with the dictates of Rule 26, but must provide a summary of the expert's proposed testimony and basis for her or his opinion. The joint status report shall also indicate whether there are any evidentiary disputes regarding admissibility of proposed exhibits or proposed testimony, so that the Court may resolve such disputes efficiently. The report should also indicate any changes to the proposed witness lists previously provided by the parties. It is so ordered. Signed by Judge Sarah A. L. Merriam on 09/12/2019. (Spangenburg, S.)
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| Filing 41 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 9/12/2019 10:00 AM before Judge Sarah A. L. Merriam. Please use the following dial-in for this call: (888)278-0296; Access Code: 2280867. (Spangenburg, S.) |
| Filing 40 TRIAL MEMO by Jarrow Formulas, Inc Estimated trial time N/A. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Tinley, Jeffrey) |
| Filing 39 TRIAL MEMO / Compliance with PJR Scheduling Order (Dkt 32) by McCarter and English LLP Estimated trial time n/a. (Attachments: #1 Exhibit A (Unreported Cases))(Pepe, Louis) |
| Filing 38 Joint STIPULATION in Response to the Court's August 22, 2019 PJR Scheduling Order (Dkt 32) by McCarter and English LLP. (Attachments: #1 Exhibit 101, #2 Exhibit 102, #3 Exhibit 103, #4 Exhibit 105, #5 Exhibit 106, #6 Exhibit 107, #7 Exhibit 108, #8 Exhibit 109, #9 Exhibit 110, #10 Exhibit 111, #11 Exhibit 112, #12 Exhibit 113, #13 Exhibit 114, #14 Exhibit 115)(Pepe, Louis) |
| Answer deadline updated for Jarrow Formulas, Inc to 10/4/2019. (Johnson, D.) |
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Filing 37
ORDER: The #36 motion is GRANTED. The Defendant shall have until October 4, 2019 to answer or otherwise respond to the Plaintiffs complaint. Signed by Judge Michael P. Shea on 9/5/2019. (Ram, Megha)
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| Filing 36 First MOTION for Extension of Time until October 4, 2019on Consent to File A Responsive Pleading #1 Complaint by Jarrow Formulas, Inc. (Tinley, Jeffrey) |
| Filing 35 NOTICE: This case was referred to this Magistrate Judge for the purpose of holding a settlement conference before the PJR hearing currently scheduled for September 24, 2019. The Court held a conference call to schedule the settlement conference and indicated that the settlement conference could go forward on August 30, 2019, September 6, 2019 or September 10, 2019. The defendant has indicated that it will not be available to attend a settlement conference prior to the September 24, 2019 hearing. As a result, the Court will not schedule a settlement conference at this time. The Court remains available to conduct a settlement conference at the earliest possible date should the parties jointly request that a conference be scheduled. Signed by Judge Robert M. Spector on 8/23/2019. (Stokely, Justyn) |
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Filing 34
ORDER granting in part and denying in part #26 Motion for Order. See the attached order for important details. Signed by Judge Sarah A. L. Merriam on 8/23/19. (Dowie, C)
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| Filing 33 Minute Entry for proceedings held before Judge Robert M. Spector: Telephonic Pre-Settlement Conference held on 8/22/2019. Total Time: 15 minutes (Stokely, Justyn) |
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Filing 32
PJR SCHEDULING ORDER. See the attached order for important details. Signed by Judge Sarah A. L. Merriam on 8/22/19. (Dowie, C)
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| Filing 31 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A TELEPHONIC Pre-Settlement Conference is set for 8/22/2019 at 04:30 PM before Judge Robert M. Spector. A date for the settlement conference will be set during the call. As the Court requires parties or their representatives with settlement authority to attend the conference, counsel should obtain dates of unavailability from their clients and have their own calendars available to aid in the scheduling. Counsel should also be prepared to discuss what information needs to be exchanged and anything else that needs to be accomplished prior to the conference in order for settlement discussions to be productive. Please use the following conference call number: (877) 873-8017; access code: 7040261. (Stokely, Justyn) |
| Filing 30 Supplemental SUMMONS Returned Executed by McCarter and English LLP. Jarrow Formulas, Inc served on 8/16/2019, answer due 9/6/2019. (Pepe, Louis) |
| Filing 29 OBJECTION re #26 MOTION for Early Discovery Order filed by McCarter and English LLP. (Pepe, Louis) |
| Filing 28 SUMMONS Returned Executed by McCarter and English LLP. Jarrow Formulas, Inc served on 8/7/2019, answer due 8/28/2019. (Pepe, Louis) |
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Filing 27
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for Settlement Conference Signed by Judge Michael P. Shea on 8/15/19.(Johnson, D.)
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| Filing 26 MOTION for Early Discovery Order by Jarrow Formulas, Inc. (Attachments: #1 Exhibit A)(Tinley, Jeffrey) |
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Filing 25
ORDER: The Court notes that the parties have reported an interest in referral to a United States Magistrate Judge for settlement purposes. The Clerk is directed to refer this action to Magistrate Judge Spector for a settlement conference. Signed by Judge Michael P. Shea on 8/15/2019. (Ram, Megha)
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| Filing 24 Minute Entry for proceedings held before Judge Sarah A. L. Merriam: Status Conference held on 8/13/2019. 20 minutes(Court Reporter FTR - CR4.) (Caffrey, A.) |
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Filing 23
ORDER. As soon as possible, and in no event later than 12:00 p.m. on August 14, 2019, counsel for defendant shall confirm his client's availability to participate in the September 24, 2019, evidentiary hearing. Such confirmation shall be provided by e-mail, with all counsel of record copied, to Catherine_Dowie@ctd.uscourts.gov. It is so ordered. Signed by Judge Sarah A. L. Merriam on 8/13/19. (Dowie, C)
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Filing 22
ORDER. As discussed during the telephonic scheduling conference on August 13, 2019, defendant seeks to engage in preliminary document discovery prior to the September 24, 2019, evidentiary hearing on plaintiff's motion for a prejudgment remedy (Doc. #8 ). On or before Thursday, August 15, 2019, defendant shall file a motion for early discovery, on the docket, setting forth the legal basis for its request and a general description of the materials sought. Plaintiff shall file a response on or before Monday, August 19, 2019. It is so ordered. Signed by Judge Sarah A. L. Merriam on 8/13/19. (Dowie, C)
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Filing 21
ORDER. On or before August 15, 2019, each party shall submit a statement to the Court by e-mail to SALM_Settlement@ctd.uscourts.gov, stating (1) whether that party wishes to proceed with a settlement conference in this matter prior to the PJR hearing, and (2) whether such a conference should be conducted by the undersigned or by another mediator. The parties may submit their statements jointly or separately. It is so ordered. Signed by Judge Sarah A. L. Merriam on 8/13/19. (Dowie, C)
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| Filing 20 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Evidentiary Hearing set for 9/24/2019 10:00 AM before Judge Sarah A. L. Merriam. (Dowie, C) |
| Filing 19 NOTICE of Appearance by Jeffrey J. Tinley on behalf of Jarrow Formulas, Inc (Tinley, Jeffrey) |
| Filing 18 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Scheduling Conference set for 8/13/2019 10:30 AM before Judge Sarah A. L. Merriam. Please use the following dial-in for this conference: (888)278-0296; Access Code: 2280867. (Dowie, C) |
| Filing 17 NOTICE of Appearance by James G. Green, Jr on behalf of McCarter and English LLP (Green, James) |
| Filing 16 NOTICE by McCarter and English LLP re #8 MOTION for Prejudgment Remedy [Proposed] Summons for Prejudgment Remedy Hearing (Farrell, Rory) |
| Filing 15 NOTICE of Appearance by Rory M Farrell on behalf of McCarter and English LLP (Farrell, Rory) |
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam for Motion including #8 MOTION for Prejudgment Remedy Signed by Judge Michael P. Shea on 8/1/19.Motions referred to Sarah A. L. Merriam(Johnson, D.)
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Filing 13
ORDER: The Court has reviewed the #12 statement regarding subject matter jurisdiction. It is sufficient to establish diversity jurisdiction. In addition, the #8 motion for prejudgment remedy is hereby REFERRED to a United States Magistrate Judge. Signed by Judge Michael P. Shea on 8/1/2019. (Ram, Megha)
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| Filing 12 RESPONSE re 11 Order,,,,,, SECOND STATEMENT RE: SUBJECT MATTER JURISDICTION filed by McCarter and English LLP. (Attachments: #1 Affidavit OF WILLIAM T. REILLY)(Pepe, Louis) |
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Filing 11
ORDER: The Court has reviewed Plaintiff's #10 statement. In the affidavit attached to the statement, an employee of Plaintiff states that the "firm has 11 partners who are citizens of Connecticut" and that she is "not aware of any partner of the firm who is a citizen or resident of the State of California." ECF No. 10-1 at paras. 8-9. Blanket assertions of this nature are insufficient. Avant Capital Partners, LLC v. W108 Dev. LLC, 2016 WL 3660756, at *2 (S.D.N.Y. June 30, 2016) ("The blanket assertion that none of W108 [LLC]'s members resides in Connecticut [does not] suffice."). Rather, the Plaintiff must allege the citizenship of each partner with facts sufficient to determine his or her citizenship. Mackason v. Diamond Fin. LLC, 347 F. Supp. 2d 53, 56 (S.D.N.Y. 2004) (directing defendants to "identify [ ] each member of the defendant LLC... and set[] forth with respect to each such member facts sufficient to demonstrate citizenship"). Because "a partnership has the citizenship of each of its partners," Herrick Co., Inc. v. SCS Commun., Inc., 251 F.3d 315, 322 (2d Cir. 2001), and "[t]he party seeking to invoke jurisdiction under 28 U.S.C. 1332 bears the burden of demonstrating that the grounds for diversity exist and that diversity is complete," id. at 322-23, the Plaintiff must file a statement identifying and demonstrating the citizenship of the 11 Connecticut partners as well as any other partners. Plaintiff shall file such a statement on or before July 31, 2019. Signed by Judge Michael P. Shea on 7/26/2019. (Ram, Megha)
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| Filing 10 RESPONSE re 9 Order,,,,,, -Plaintiff's Statement Re: Subject Matter Jurisdiction filed by McCarter and English LLP. (Attachments: #1 Affidavit of Sandra Cummins)(Pepe, Louis) |
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Filing 9
ORDER: The complaint states that the Court has jurisdiction over this matter under 28 U.S.C. 1332, but it does not identify the citizenship of the partners of McCarter and English LLP. The citizenship of a limited liability partnership is not determined by its place of incorporation and principal place of business, but rather the citizenship of the members of the limited liability partnership. See Carden v. Arkoma Assocs., 494 U.S. 185, 186, 195 (1990) (explaining that the Court was presented with the question "whether, in a suit brought by a limited partnership, the citizenship of the limited partners must be taken into account to determine diversity of citizenship among the parties" and deciding to "adhere to [its] oft-repeated rule that diversity jurisdiction in a suit by or against the entity depends on the citizenship of all the members") (internal quotation marks omitted); see also Mudge Rose Guthrie Alexander & Ferdon v. Pickett, 11 F. Supp. 2d 449, 451 (S.D.N.Y. 1998) ("In Carden v. Arkoma Associates, the Supreme Court extended the rule to limited partnerships, thus making these entities citizens of every state of which any of their limited partners is a citizen notwithstanding the fact that limited partners have no role in management of and virtually no liability for the debts of the partnership."). As a result, the complaint fails to allege a sufficient basis for the exercise of diversity jurisdiction. Within seven days, the Plaintiff shall file a statement clearly setting forth the basis for the Court's jurisdiction. Signed by Judge Michael P. Shea on 7/24/2019.(Ram, Megha)
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| Filing 8 MOTION for Prejudgment Remedy by McCarter and English LLP. (Attachments: #1 Affidavit of Mark D. Giarratana, #2 Exhibit Order of Hearing and Notice, #3 Exhibit Order to Show Cause, #4 Exhibit Notice of Rights, #5 Exhibit Motion for Prejudgment Disclosure of Property and Assets)(Pepe, Louis) |
| Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Jarrow Formulas, Inc* with answer to complaint due within *21* days. Attorney *Louis R. Pepe* *McElroy, Deutsch, Mulvaney & Carpenter, LLP* *One State Street, 14th Floor* *Hartford, CT 06103*. (Peterson, M) |
| Filing 6 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #3 Order on Pretrial Deadlines, #2 Corporate Disclosure Statement filed by McCarter and English LLP, #5 Protective Order, #4 Electronic Filing Order, #1 Complaint filed by McCarter and English LLP Signed by Clerk on 07/23/2019. (Peterson, M) |
| Request for Clerk to issue summons as to Jarrow Formulas, Inc. (Pepe, Louis) |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 07/22/2019. (Peterson, M)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 07/22/2019. (Peterson, M)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 9/20/2019. Discovery due by 1/21/2020. Dispositive Motions due by 2/25/2020. Signed by Clerk on 07/22/2019. (Peterson, M)
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| Judge Michael P. Shea added. (Oliver, T.) |
| Filing 2 Corporate Disclosure Statement by McCarter & English, LLP. (Pepe, Louis) |
| Filing 1 COMPLAINT against Jarrow Formulas, Inc ( Filing fee $400 receipt number ACTDC-5368879.), filed by McCarter & English, LLP. (Attachments: #1 Exhibit Civil Cover Sheet)(Pepe, Louis) |
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