Vista Food Exchange, Inc. v. Calumet Diversified Meats, Inc. et al
| Vista Food Exchange, Inc. |
| Calumet Diversified Meats, Inc. and Andrew Becker |
| 1:2019cv08014 |
| December 6, 2019 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Contract: Other |
| 02 U.S.C. § 431 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 14, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 51 MINUTE entry before the Honorable Manish S. Shah: The parties report they have reached a settlement in principle. The status hearing on 1/15/20 is stricken and reset to 2/19/20 at 9:30 a.m. to allow time for the parties to finalize the settlement process. If a stipulation of dismissal is submitted in advance of 2/19/20, then no appearance is necessary. Notices mailed. (psm, ) |
| Filing 50 STATUS Report by Andrew Becker, Calumet Diversified Meats, Inc. (Dawson, Daniel) |
| Filing 49 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16595610. (Scott, Jonathan) |
| Filing 48 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, the motion to reset dates set by the Southern District of New York #44 is granted. The deadlines to exchange Rule 26 disclosures and to propound written discovery are stricken. Defendants must respond to the complaint by 1/13/20. No notice of presentment is necessary if the responsive pleading is a motion to dismiss. Status hearing remains set for 1/15/20 at 9:30 a.m. Notices mailed. notice (psm, ) |
| Filing 47 MINUTE entry before the Honorable Manish S. Shah: Docket Entry #45 is stricken as having been filed on the wrong docket. Notices mailed. (psm, ) |
| Filing 46 NOTICE of Motion by Daniel Patrick Dawson for presentment of motion to reset #44 before Honorable Manish S. Shah on 12/19/2019 at 09:45 AM. (Dawson, Daniel) |
| Filing 45 ENTERED in error. Modified on 12/18/2019 (psm, ). |
| Filing 44 MOTION by Defendants Andrew Becker, Calumet Diversified Meats, Inc. to reset Dates To Conform To Mandatory Initial Discovery Standing Order (Dawson, Daniel) |
| Filing 43 MINUTE entry before the Honorable Manish S. Shah: A status hearing is set for 1/15/20 at 9:30 a.m. No later than three business days before the status hearing, the parties shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Shah's name and then again on the link entitled 'Initial Status Conferences.' Notices mailed. (psm, ) |
| Filing 42 ATTORNEY Appearance for Defendants Andrew Becker, Calumet Diversified Meats, Inc. by Daniel Patrick Dawson (Dawson, Daniel) |
| Filing 41 MAILED Rule 83.15 letter to all counsel of record (las, ) |
| Filing 40 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (las, ) |
| Filing 39 RECEIVED from New York Southern; Case Number 1:19-cv-06097 (ls) |
| Transmission to Docket Assistant Clerk. Transmitted re: #38 Scheduling Order,, to the Docket Assistant Clerk for case processing. (Case to be transferred out to Northern District of Illinois.) (gr) [Transferred from New York Southern on 12/6/2019.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of Illinois. (jca) [Transferred from New York Southern on 12/6/2019.] |
Filing 38
ORDER: As set forth on the record at the initial pretrial conference held pursuant to Rule 16, Fed. R. Civ. P., on November 22, 2019, it is herebyORDERED that the defendants motion to dismiss for lack of personal jurisdiction pursuant to Rule 12(b)(1), Fed. R. Civ. P., is granted. IT IS FURTHER ORDERED that the defendants alternative motion to dismiss for improper venue pursuant to Rule 12(b)(3), Fed. R. Civ. P., is granted. IT IS FURTHER ORDERED that, on the consent of the parties, the above-captioned case is transferred to the Northern District of Illinois. IT IS FURTHER ORDERED that the plaintiff shall produce to the defendants a complete copy of the U.S. Department of Agriculture report by November 25, 2019. IT IS FURTHER ORDERED that the parties shall comply with their Rule 26(a)(1), Fed. R. Civ. P., initial disclosure obligations by December 20, 2019. IT IS FURTHER ORDERED that initial interrogatories and document demands pursuant to Rule 34, Fed. R. Civ. P., must be served by January 10, 2020. (Signed by Judge Denise L. Cote on 11/22/2019) (gr) [Transferred from New York Southern on 12/6/2019.]
|
| Filing 37 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Andrew Becker, Calumet Diversified Meats, Inc..(Dawson, Daniel) [Transferred from New York Southern on 12/6/2019.] |
| Filing 36 ENDORSED LETTER addressed to Judge Denise L. Cote from Daniel P. Dawson dated 11-13-19 re: LETTER MOTION to Adjourn Conference. ENDORSEMENT: The conference on 11/22 shall proceed as scheduled. (Signed by Judge Denise L. Cote on 11/15/2019) (gr) [Transferred from New York Southern on 12/6/2019.] |
| Filing 35 LETTER RESPONSE in Opposition to Motion addressed to Judge Denise L. Cote from Jonathan C. Scott dated November 14, 2019 re: #34 LETTER MOTION to Adjourn Conference addressed to Judge Denise L. Cote from Daniel P. Dawson dated 11-13-19. . Document filed by Vista Food Exchange, Inc.. (Scott, Jonathan) [Transferred from New York Southern on 12/6/2019.] |
| Filing 34 LETTER MOTION to Adjourn Conference addressed to Judge Denise L. Cote from Daniel P. Dawson dated 11-13-19. Document filed by Andrew Becker, Calumet Diversified Meats, Inc..(Dawson, Daniel) [Transferred from New York Southern on 12/6/2019.] |
| Filing 33 MEMO ENDORSEMENT on re: #31 Letter filed by Vista Food Exchange, Inc. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 11/12/2019) (jca) [Transferred from New York Southern on 12/6/2019.] |
| Filing 32 LETTER MOTION for Oral Argument (D.E. 13, 22-25) addressed to Judge Denise L. Cote from Jonathan C. Scott dated November 8, 2019. Document filed by Vista Food Exchange, Inc..(Scott, Jonathan) [Transferred from New York Southern on 12/6/2019.] |
| Filing 31 LETTER addressed to Judge Denise L. Cote from Jonathan C. Scott dated November 8, 2019 re: Vista's Erroneous Filings and Request to Strike. Document filed by Vista Food Exchange, Inc..(Scott, Jonathan) [Transferred from New York Southern on 12/6/2019.] |
| ***DELETED DOCUMENT. Deleted document number 27 MEMORANDUM OF LAW. The document was incorrectly filed in this case. (jca) [Transferred from New York Southern on 12/6/2019.] |
| ***DELETED DOCUMENT. Deleted document number 28 DECLARATION of Timothy Lugar in Opposition. The document was incorrectly filed in this case. (jca) [Transferred from New York Southern on 12/6/2019.] |
| Filing 30 RESPONSE in Opposition to Motion re: #24 MOTION to Continue Motion To Dismiss For Lack Of Personal Jurisdiction, Or Alternatively Improper Venue (Doc. 13),. MOTION for Discovery (Jurisdictional). . Document filed by Andrew Becker, Calumet Diversified Meats, Inc.. (Dawson, Daniel) [Transferred from New York Southern on 12/6/2019.] |
| Filing 29 REPLY MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss for Lack of Jurisdiction or Alternatively Improper Venue. . Document filed by Andrew Becker, Calumet Diversified Meats, Inc.. (Attachments: #1 Exhibit A)(Dawson, Daniel) [Transferred from New York Southern on 12/6/2019.] |
|
Filing 26
ORDER: On October 21, 2019, the plaintiff filed a motion for jurisdictional discovery and for a continuance of the defendants August 27 motion to dismiss for lack of jurisdiction. This argument should have been made in opposition to the motion to dismiss. Accordingly, it is hereby ORDERED that any opposition to the motion is due November 4, 2019. No reply is necessary. At the time any opposition is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 10/24/2019) (gr) [Transferred from New York Southern on 12/6/2019.]
|
| Filing 25 DECLARATION of Timothy Lugar in Support re: #24 MOTION to Continue Motion To Dismiss For Lack Of Personal Jurisdiction, Or Alternatively Improper Venue (Doc. 13),. MOTION for Discovery (Jurisdictional).. Document filed by Vista Food Exchange, Inc.. (Attachments: #1 Exhibit A, Calumet Credit Application, #2 Exhibit B, Seafax Report Excerpts, #3 Exhibit C, Website, #4 Exhibit D, Yelp Profile, #5 Exhibit E, Facebook Profile, #6 Exhibit F, Purchase Confirmation, #7 Exhibit G, Invoice, #8 Exhibit H, Excerpt of USDA Summary, #9 Exhibit I, Sysco-Calumet Product, #10 Exhibit J, Reinhart-Calumet Article, #11 Exhibit K, Email re Relationship, #12 Exhibit L, Golbon Press Release, #13 Exhibit M, Sysco-Calumet Metro New York POS, #14 Exhibit N, Email re set up with Calumet, #15 Exhibit O, Email re graded product)(Scott, Jonathan) [Transferred from New York Southern on 12/6/2019.] |
| Filing 24 MOTION to Continue Motion To Dismiss For Lack Of Personal Jurisdiction, Or Alternatively Improper Venue (Doc. 13),., MOTION for Discovery (Jurisdictional). Document filed by Vista Food Exchange, Inc.. (Attachments: #1 Notice of Motion)(Scott, Jonathan) [Transferred from New York Southern on 12/6/2019.] |
| Filing 23 DECLARATION of Timothy Lugar in Opposition re: #13 MOTION to Dismiss for Lack of Jurisdiction or Alternatively Improper Venue.. Document filed by Vista Food Exchange, Inc.. (Attachments: #1 Exhibit A, Calumet Credit Application, #2 Exhibit B, Excerpts from Seafax Report, #3 Exhibit C, Website, #4 Exhibit D, Yelp Profile, #5 Exhibit E, Facebook Profile, #6 Errata F, Purchase Confirmation, #7 Exhibit G, Vista Invoice, #8 Exhibit H, Excerpt of USDA Summary, #9 Exhibit I, Sysco-Calumet product, #10 Exhibit J, Reinhart-Calumet Article, #11 Exhibit K, Email re relationship, #12 Exhibit L, Golbon Press Release, #13 Exhibit Metro New York-Calumet POS, #14 Exhibit N, Nov. 21 email re set up with Calumet, #15 Exhibit O, Email re graded product)(Scott, Jonathan) [Transferred from New York Southern on 12/6/2019.] |
| Filing 22 MEMORANDUM OF LAW in Opposition re: #13 MOTION to Dismiss for Lack of Jurisdiction or Alternatively Improper Venue. . Document filed by Vista Food Exchange, Inc.. (Scott, Jonathan) [Transferred from New York Southern on 12/6/2019.] |
|
Filing 21
ORDER granting #20 Letter Motion for Extension of Time to File Response/Reply and to Adjourn Conference currently set for October 18, 2019. Opposition is due October 18. There shall be no further extension. Any reply is due Nov. 4. The conference is adjourned to Nov. 22 at 2:30 pm. (Courtroom 18B, 500 Pearl Street). (Signed by Judge Denise L. Cote on 9/25/2019) (gr) [Transferred from New York Southern on 12/6/2019.]
|
| Filing 20 LETTER MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss for Lack of Jurisdiction or Alternatively Improper Venue. addressed to Judge Denise L. Cote from Jonathan C. Scott dated September 23, 2019., LETTER MOTION to Adjourn Conference currently set for October 18, 2019 addressed to Judge Denise L. Cote from Jonathan C. Scott dated September 23, 2019. Document filed by Vista Food Exchange, Inc..(Scott, Jonathan) [Transferred from New York Southern on 12/6/2019.] |
| Filing 19 ENDORSED LETTER addressed to Judge Denise L. Cote from Jonathan C. Scott dated 9/9/2019 re: Requesting that the Court extend the time for Vista to respond to defendants' motion to dismiss by 9/23/19 with defendant's reply due 10/7/2019. ENDORSEMENT: Granted. The initial conference is adjourned to 10/18 at 3:30 pm. (Signed by Judge Denise L. Cote on 9/10/2019) (gr) [Transferred from New York Southern on 12/6/2019.] |
| Filing 18 LETTER MOTION for Extension of Time to File Response/Reply as to #14 Scheduling Order,,, #13 MOTION to Dismiss for Lack of Jurisdiction or Alternatively Improper Venue. addressed to Judge Denise L. Cote from Jonathan C. Scott dated September 9, 2019. Document filed by Vista Food Exchange, Inc..(Scott, Jonathan) [Transferred from New York Southern on 12/6/2019.] |
| Filing 17 LETTER addressed to Judge Denise L. Cote from Jonathan C. Scott dated August 30, 2019 re: Order on Diversity of Citizenship (D.E. 14). Document filed by Vista Food Exchange, Inc..(Scott, Jonathan) [Transferred from New York Southern on 12/6/2019.] |
|
Filing 16
ORDER granting #15 Motion for Daniel P. Dawson to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr) [Transferred from New York Southern on 12/6/2019.]
|
| Filing 15 MOTION for Daniel P. Dawson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Andrew Becker, Calumet Diversified Meats, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing for Daniel P. Dawson, #3 Text of Proposed Order)(Dawson, Daniel) [Transferred from New York Southern on 12/6/2019.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Daniel P. Dawson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) [Transferred from New York Southern on 12/6/2019.] |
|
Filing 14
ORDER: On August 27, 2019, the defendants in the above-captioned case filed a motion to dismiss the complaint pursuant to Rules 12(b)(2) and 12(b)(3), Fed. R. Civ. P. It is hereby ORDERED that the plaintiff shall file any opposition to the motion to dismiss by September 13, 2019. The defendants reply, if any, shall be filed by September 20. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that, pursuant to Rule 4(C) of the Courts Individual Rules of Practice in Civil Cases, the plaintiff shall file by August 30 a letter no longer than two pages explaining the basis for its belief that diversity of citizenship exists. (Signed by Judge Denise L. Cote on 8/28/2019) (gr) [Transferred from New York Southern on 12/6/2019.]
|
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction or Alternatively Improper Venue. Document filed by Andrew Becker, Calumet Diversified Meats, Inc.. (Attachments: #1 Exhibit 1 - Declaration, #2 Notice Of Motion)(Dawson, Daniel) [Transferred from New York Southern on 12/6/2019.] |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Daniel P. Dawson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17494133. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois. We do not except them from a state bar association or District courts.; PDF's are not secured and the Order is incomplete. All fields must be filled out.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) [Transferred from New York Southern on 12/6/2019.] |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Daniel P. Dawson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17494133. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Andrew Becker, Calumet Diversified Meats, Inc.. (Attachments: #1 Affidavit Affidavit In Support Of Motion To Appear Pro Hac Vice, #2 Certificate Of Good Standing For Daniel P. Dawson, #3 Text of Proposed Order Proposed Order to Motion For Admission Pro Hac Vice)(Dawson, Daniel) Modified on 8/27/2019 (bcu). [Transferred from New York Southern on 12/6/2019.] |
| Filing 11 NOTICE OF APPEARANCE by Douglas Robert Rosenzweig on behalf of Andrew Becker, Calumet Diversified Meats, Inc.. (Rosenzweig, Douglas) [Transferred from New York Southern on 12/6/2019.] |
| Filing 10 NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice) Initial Conference set for 9/27/2019 at 02:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Please follow the procedures set forth in the Notice.) (Signed by Judge Denise L. Cote on 8/8/2019) (gr) [Transferred from New York Southern on 12/6/2019.] |
|
Filing 9
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT....up to and including August 27, 2019.... (Signed by Judge Denise L. Cote on 8/8/2019) (gr) [Transferred from New York Southern on 12/6/2019.]
|
| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by Andrew Becker, Calumet Diversified Meats, Inc.. (Rosenzweig, Douglas) [Transferred from New York Southern on 12/6/2019.] |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Andrew Becker. (pc) [Transferred from New York Southern on 12/6/2019.] |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Calumet Diversified Meats, Inc.. (pc) [Transferred from New York Southern on 12/6/2019.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan Cory Scott. The following case opening statistical information was erroneously selected/entered: Dollar Demand $30,000,000,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000. (pc) Modified on 7/1/2019 (pc). [Transferred from New York Southern on 12/6/2019.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) [Transferred from New York Southern on 12/6/2019.] |
| Case Designated ECF. (pc) [Transferred from New York Southern on 12/6/2019.] |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) [Transferred from New York Southern on 12/6/2019.] |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Vista Food Exchange, Inc..(Scott, Jonathan) [Transferred from New York Southern on 12/6/2019.] |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Calumet Diversified Meats, Inc., re: #1 Complaint,. Document filed by Vista Food Exchange, Inc.. (Scott, Jonathan) [Transferred from New York Southern on 12/6/2019.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Becker, re: #1 Complaint,. Document filed by Vista Food Exchange, Inc.. (Scott, Jonathan) [Transferred from New York Southern on 12/6/2019.] |
| Filing 2 CIVIL COVER SHEET filed. (Scott, Jonathan) [Transferred from New York Southern on 12/6/2019.] |
| Filing 1 COMPLAINT against Andrew Becker, Calumet Diversified Meats, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17167053)Document filed by Vista Food Exchange, Inc.. (Attachments: #1 Exhibit 1- Invoice, #2 Exhibit 2- Photographs, #3 Exhibit 3- Rejection Email, #4 Exhibit 4-Calumet Photographs, #5 Exhibit 5-3-2-18 Reply Email, #6 Exhibit 6- 3-19-18 Email to Vista, #7 Exhibit 7- 3-16-18 email, #8 Exhibit 8- Emails re Inquiries on Supplier)(Scott, Jonathan) [Transferred from New York Southern on 12/6/2019.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
