Hall et al v. Anheuser-Busch LLC
| Dichello Distributors, Inc and John Hall |
| Anheuser-Busch Companies LLC and Anheuser-Busch, LLC |
| 3:2020cv01003 |
| July 17, 2020 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| Dominic J Squatrito |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 27 Memorandum in Support re #26 MOTION to Dismiss The Amended Complaint filed by Anheuser-Busch, LLC. (Attachments: #1 Exhibit Table of Contents of Exhibits, #2 Exhibit 1 - Restated Wholesaler Equity Agreement, #3 Exhibit 2 - Decision of Appeals Referee)(Baldwin, Mark) |
| Filing 26 MOTION to Dismiss by Anheuser-Busch, LLC.Responses due by 10/2/2020 (Baldwin, Mark) |
| Filing 25 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 scheduled for 9/15/20 at 2:30 PM with Judge Spector. A date for the settlement conference will be set during the telephone call. As the Court requires parties or their representatives with settlement authority to attend (in-person or by remote means) the settlement conference, counsel should obtain dates of unavailability from their clients over the next 90 days and have their own calendars available to aid in the scheduling. During the telephone call, counsel should be prepared to discuss what information needs to be exchanged and anything else that needs to be accomplished prior to the settlement conference for the discussions to be productive. Please use the following dial-in for this call: (877) 873-8017; Access Code: 7040261. (Parrilla, Geraldo) |
Filing 24
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for Settlement Conference. Signed by Judge Dominic J. Squatrito on 9/3/2020. (Velez, F.)
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Filing 23
ORDER OF TRANSFER. Case reassigned to Judge Dominic J. Squatrito for all further proceedings. Signed by Clerk on 9/2/2020.(Hushin, Z.)
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| Filing 22 REPORT of Rule 26(f) Planning Meeting. (Horvack, John) |
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Filing 21
ORDER granting #20 Defendant's Motion for Extension of Time to respond to Plaintiff's Amended Complaint for good cause. Defendant's responsive pleading shall be filed by 09/11/2020. Signed by Judge Vanessa L. Bryant on 08/24/2020. (Diamond, Matthew)
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| Answer deadline updated for Anheuser-Busch, LLC to 9/11/2020 per Dkt. 21 Order. (Shafer, J.) |
| Filing 20 Consent MOTION for Extension of Time until September 11, 2020 for Defendant to Respond to Plaintiff's Amended Complaint #17 Amended Complaint by Anheuser-Busch, LLC. (Baldwin, Mark) |
| Filing 19 Corporate Disclosure Statement by Dichello Distributors, Inc. (Horvack, John) |
| Filing 18 ANSWER to #11 Answer to Complaint (Notice of Removal), Counterclaim with Affirmative Defenses to Counterclaims and Demand for Trial by Jury by Dichello Distributors, Inc.(Horvack, John) |
| Filing 17 AMENDED COMPLAINT and Demand for Trial By Jury against Anheuser-Busch Companies LLC, filed by Dichello Distributors, Inc.(Horvack, John) |
| Filing 16 NOTICE of Appearance by Damian K. Gunningsmith on behalf of Dichello Distributors, Inc (Gunningsmith, Damian) |
| Filing 15 NOTICE of Appearance by David S. Hardy on behalf of Dichello Distributors, Inc (Hardy, David) |
| Filing 14 NOTICE of Appearance by John R. Horvack, Jr on behalf of Dichello Distributors, Inc (Horvack, John) |
| Filing 13 NOTICE RE: MOTION TO DISMISS. The parties are reminded that the pendency of a motion to dismiss does not automatically stay discovery, except in cases covered by the Private Securities Litigation Reform Act. See Brooks v. Macy's, Inc., No. 10-CIV-5304, 2010 WL 5297756, at *1 (S.D.N.Y. Dec. 21, 2010) (collecting cases), reh'g denied, No. 10-CIV-5304, 2011 WL 1362191 (S.D.N.Y. Apr. 8, 2011); see also Moran v. Flaherty, No. 92-CV-3200, 1992 WL 276913, at *1 (S.D.N.Y. Sept. 25, 1992). The court may enter a stay of discovery in its discretion upon a showing [as distinguished from an assertion] of good cause. Fed. R. Civ. P. 26(c); see also Integrated Sys. & Power, Inc. v. Honeywell Int'l, Inc. , No. 09-CIV-5874, 2009 WL 2777076, at *1 (S.D.N.Y. Sept. 1, 2009); accord Ellington Credit Fund, Ltd. v. Select Portfolio Servs., Inc. , No. 08-CV-2437, 2009 WL 274483, at *1 (S.D.N.Y. Feb. 3, 2009). In determining whether good cause exists, the court considers several factors including: (1) whether a defendant has made a strong showing that the plaintiff's claim is unmeritorious, (2) the breadth of discovery and the burden of responding to it, and (3) the risk of unfair prejudice to the party opposing the stay. Negrete v. Citibank, N.A., No. 15-CV-7250, 2015 WL 8207466, at *1 (S.D.N.Y. Dec. 7, 2015). Other factors include the nature of the case, whether dismissal will resolve the case, effect of dismissal on the scope of discovery, age of the case, complexity of discovery needed, remedy sought, extensions previously granted, parties' diligence, judicial efficiency, and other appropriate factors. Discovery in this case is NOT stayed. Accordingly, any party moving to stay discovery must demonstrate, as oppose to assert, the Court should exercise its discretion to stay the case. Signed by Judge Vanessa L. Bryant on 7/24/2020. (Shafer, J.) |
| Filing 12 NOTICE by Anheuser-Busch Companies LLC Statement on Removed Case (Baldwin, Mark) |
| Filing 11 ANSWER to Complaint (Notice of Removal) , COUNTERCLAIM against Dichello Distributors, Inc by Anheuser-Busch Companies LLC.(Baldwin, Mark) |
| Filing 10 Memorandum in Support re #9 MOTION to Dismiss COUNTS I, II, III, IV, AND V OF THE COMPLAINT AND TO DISMISS JOHN HALL AS A PLAINTIFF filed by Anheuser-Busch Companies LLC. (Attachments: #1 Exhibit Table of Contents of Exhibits, #2 Exhibit 1 - Decision of Appeals Referee, #3 Exhibit 2 - letter dated August 28, 2015)(Baldwin, Mark) |
| Filing 9 MOTION to Dismiss COUNTS I, II, III, IV, AND V OF THE COMPLAINT AND TO DISMISS JOHN HALL AS A PLAINTIFF by Anheuser-Busch Companies LLC.Responses due by 8/14/2020 (Baldwin, Mark) |
| Filing 8 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 #7 Order Re: Chambers Practices, #6 Standing Protective Order, #4 Order on Pretrial Deadlines, #2 Corporate Disclosure Statement, filed by Anheuser-Busch Companies LLC, #3 Notice of Appearance filed by Anheuser-Busch Companies LLC, #1 Notice of Removal, filed by Anheuser-Busch Companies LLC, #5 Electronic Filing Order. Signed by Clerk on 7/17/2020. (Attachments: #1 Removal Standing Order) (Velez, F.) |
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Filing 7
ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 7/17/2020. (Velez, F.)
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Filing 6
STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 7/17/2020. (Velez, F.)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 7/17/2020. (Velez, F.)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 9/15/2020; Discovery due by 1/16/2021; Dispositive Motions due by 2/20/2021. Signed by Clerk on 7/17/2020. (Velez, F.)
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| Filing 3 NOTICE of Appearance by Mark S. Baldwin on behalf of Anheuser-Busch Companies LLC (Baldwin, Mark) Modified on 7/17/2020 to update party (Anastasio, F.). |
| Filing 2 Corporate Disclosure Statement by Anheuser-Busch Companies LLC, identifying Corporate Parent Anheuser-Busch InBev Worldwide, Inc, Other Affiliate Anheuser-Busch InBev NV/SA for Anheuser-Busch Companies LLC. (Baldwin, Mark) Modified to update party on 7/17/2020 (Anastasio, F.). |
| Filing 1 NOTICE OF REMOVAL by Anheuser-Busch Companies LLC, from Connecticut Superior Court, case number NNH-CV20-6105163-S. Filing fee $ 400 receipt number ACTDC-5979980, filed by Anheuser-Busch Companies LLC. (Attachments: #1 Exhibit A - process, pleadings, and orders served upon Anheuser-Busch, LLC, #2 Exhibit B - Notice of Removal, Connecticut Superior Court, #3 Civil Cover Sheet)(Baldwin, Mark) Modified to update party on 7/17/2020 (Anastasio, F.). |
| Judge Vanessa L. Bryant added. (Nuzzi, Tiffany) |
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