RBG Management Corp. v. Village Super Market, Inc.
| RBG Management Corp. |
| VILLAGE SUPER MARKET INC. |
| WAKEFERN FOOD CORP. |
| 2:2024cv05347 |
| April 19, 2024 |
| US District Court for the District of New Jersey |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 99 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:22-cv-07996. Original file certified copy of transfer order and docket sheet received. |
Filing 98
OPINION AND ORDER For the reasons discussed above, the Court finds that Judge Wang's Transfer Order transferring this case to the District of New Jersey was not clearly erroneous or contrary to the law. Accordingly, Morton Williams's objections are overruled, and the Transfer Order is affirmed. The Clerk of Court therefore is respectfully directed to transfer this case to the United States District Court for the District of New Jersey. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/11/2024) (jca) Transmission to Office of the Clerk of Court for processing.
|
|
Filing 97
ORDER. The post-discovery pre-trial conference scheduled for April 3, 2024 is adjourned without date, pending the Court's resolution of Plaintiff's objections to the transfer of this action. Should the case remain in this District, the Court will reschedule the post-discovery conference. (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (aba)
|
| Filing 96 RESPONSE re: #95 Objection (non-motion), Memorandum of Law in Opposition. Document filed by Village Super Market, Inc...(Rooney, Gavin) |
| Filing 95 Objection re: #92 Memorandum & Opinion, (Memorandum of Law in Support of Morton Williams's Objections to Magistrate Judge Wang's Opinion and Order Granting Motion To Transfer). Document filed by RBG Management Corp.. (Attachments: #1 Exhibit 1 - Opposition Brief).(Kessler, Jeffrey) |
|
Filing 94
MEMO ENDORSEMENT on re: #93 Letter, filed by RBG Management Corp. ENDORSEMENT The request is GRANTED. The transfer of this action is stayed pending resolution of Plaintiff's objections, which Plaintiff shall submit by January 18, 2024. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/5/2024) (jca)
|
| Filing 93 LETTER addressed to Judge Jennifer L. Rochon from Jeffrey L. Kessler dated January 5, 2024 re: Morton Williams' intention to object to January 4, 2024 Order (ECF 92) pursuant to Federal Rule of Civil Procedure 72(a). Document filed by RBG Management Corp...(Kessler, Jeffrey) |
|
Filing 92
OPINION & ORDER re: #71 MOTION to Change Venue . filed by Village Super Market, Inc. For the foregoing reasons, Defendant Village's motion to transfer is GRANTED. The Clerk of Court is hereby directed to close ECF 71 and transfer this action to the United States District Court for the District of New Jersey. (Signed by Magistrate Judge Ona T. Wang on 1/4/2024) (rro) Transmission to Office of the Clerk of Court for processing.
|
| Filing 91 JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler and Gavin J. Rooney dated December 29, 2023 re: Joint Status Update. Document filed by RBG Management Corp...(Kessler, Jeffrey) |
| Filing 90 DECLARATION of Gavin J. Rooney in Support re: #71 MOTION to Change Venue .. Document filed by Village Super Market, Inc.. (Attachments: #1 Exhibit A - Answer filed by Plaintiff RBG Management Corp. (Plaintiff) in the District of New Jersey on November 29, 2023, in Wakefern Food Corp. v. RBG Management Corp., d/b/a Morton Williams Supermarkets, Civil Action No. 2:23-CV-21825 (MCA) (LDW), #2 Exhibit B - Villages response to Plaintiffs Second Set of Requests for Production, dated November 30, 2023, #3 Exhibit C - Transcript of the November 9, 2023 status conference).(Rooney, Gavin) |
| Filing 89 REPLY MEMORANDUM OF LAW in Support re: #71 MOTION to Change Venue . . Document filed by Village Super Market, Inc...(Rooney, Gavin) |
| Filing 88 DECLARATION of Jeffrey L. Kessler in Opposition re: #71 MOTION to Change Venue .. Document filed by RBG Management Corp.. (Attachments: #1 Exhibit A - Memorandum of Law filed by Morton Williams in Related Litigation, #2 Exhibit B - E-mail and attachment produced by Village on November 30, 2023, #3 Exhibit C - Series of correspondence).(Kessler, Jeffrey) |
| Filing 87 MEMORANDUM OF LAW in Opposition re: #71 MOTION to Change Venue . . Document filed by RBG Management Corp...(Kessler, Jeffrey) |
| Filing 86 REPLY MEMORANDUM OF LAW in Support re: #70 MOTION to Quash subpoenas ad testificandum issued to non-party Wakefern Food Corp., Bill Mayo and Harry Garafalo . . Document filed by Wakefern Food Corp...(Cadmus, Maximilian) |
| Filing 85 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Ona T. Wang from Maximilian D. Cadmus dated December 1, 2023 re: #77 LETTER MOTION to Compel Wakefern Food Corp. to produce data addressed to Magistrate Judge Ona T. Wang from Mark E. Rizik Jr. dated November 17, 2023. . Document filed by Wakefern Food Corp.. (Attachments: #1 Exhibit 1 - 2023-11-09 Judge Wang Transcript, #2 Exhibit 2 - Signed Declaration Albeerto Aspiazu 12.1.23, #3 Exhibit 3 - 2023-11-02 (ECF 1) Complaint & CIS, #4 Exhibit 4 - 2023-11-28 Morton's Answer to Complaint and Counterclaim [dckt 11]).(Cadmus, Maximilian) |
| Filing 84 LETTER RESPONSE to Motion addressed to Magistrate Judge Ona T. Wang from Gavin J. Rooney dated December 1, 2023 re: #77 LETTER MOTION to Compel Wakefern Food Corp. to produce data addressed to Magistrate Judge Ona T. Wang from Mark E. Rizik Jr. dated November 17, 2023. . Document filed by Village Super Market, Inc...(Rooney, Gavin) |
| Filing 83 JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler and Gavin J. Rooney dated November 24, 2023 re: Joint Status Update. Document filed by RBG Management Corp...(Kessler, Jeffrey) |
| Filing 82 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 11/9/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 81 TRANSCRIPT of Proceedings re: CONFERNECE held on 11/9/2023 before Magistrate Judge Ona T. Wang. Court Reporter/Transcriber: Martha Martin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/11/2023. Redacted Transcript Deadline set for 12/21/2023. Release of Transcript Restriction set for 2/20/2024..(McGuirk, Kelly) |
|
Filing 80
ORDER granting #78 Letter Motion re: Briefing Schedule for Motion to Transfer: Reply to Response to Brief due by 12/11/2023. Responses to Brief due by 11/1/2023. The Court also adopts the proposed reply brief date for the motion to compel that was proposed in ECF 79. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (Wang, Ona)
|
| Filing 79 LETTER addressed to Magistrate Judge Ona T. Wang from Mark E. Rizik Jr. dated November 17, 2023 re: Proposed briefing schedule in connection with Wakefern's motion to quash (ECF 70). Document filed by RBG Management Corp...(Rizik, Mark) |
| Filing 78 FIRST LETTER MOTION for Extension of Time addressed to Magistrate Judge Ona T. Wang from Gavin Rooney dated 11.17.2023. Document filed by Village Super Market, Inc...(Rooney, Gavin) |
| Filing 77 LETTER MOTION to Compel Wakefern Food Corp. to produce data addressed to Magistrate Judge Ona T. Wang from Mark E. Rizik Jr. dated November 17, 2023. Document filed by RBG Management Corp.. (Attachments: #1 Exhibit A - Subpoena, #2 Exhibit B - June 9, 2023 Letter, #3 Exhibit C - Supply Agreement, #4 Exhibit D - November 14, 2023 Emails, #5 Exhibit E - Wakefern Complaint, #6 Exhibit F - November 9, 2023 Transcript).(Rizik, Mark) |
|
Filing 76
ORDER: granting in part and denying in part #66 Letter Motion for Extension of Time to Complete Discovery; granting #74 Letter Motion for Extension of Time to File Response/Reply re #66 JOINT LETTER MOTION for Extension of Time to Complete Discovery. addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler dated October 17, 2023., #74 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #70 MOTION to Quash subpoenas ad testificandum issued to non-party Wakefern Food Corp., Bill Mayo and Harry Garafalo. [In re: Setting Briefing Schedule for Wa. The Court held a status conference on November 9, 2023. As discussed at the conference, Plaintiff is directed to file any letter motion to compel concerning the Wakefern Food Corp. ("Wakefern") subpoenas by November 17, 2023. The letter motion shall be no longer than five pages, single spaced. Any responses to this letter motion by Defendant Village Super Market, Inc. or non-party Wakefern shall be filed by December 1, 2023. The parties are directed to meet and confer about a plan for future discovery in this action, and a proposed briefing schedule for responses and replies in connection with Defendant's motion to transfer this case to the District of New Jersey (ECF 71). Defendant is directed to file a letter informing the Court of the outcome of these discussions, and whether disputes remain, by November 17, 2023. Plaintiff and non-party Wakefern are also directed to confer and file a proposed briefing schedule for responses and replies in connection with Wakefern's motion to quash (ECF 70) by November 17, 2023. See ECF 74. The parties' joint motion for extension of time to complete discovery (ECF 66) is GRANTED IN PART and DENIED IN PART. The deadline for fact discovery in this case is extended to November 17, 2023, with further extensions to be granted as necessary. Plaintiff's letter motion for extension of time to file response/reply as to motion to quash subpoenas (ECF 74) is GRANTED. The Clerk of Court is respectfully directed to close ECF Nos. 66 and 74. SO ORDERED. ( Responses due by 12/1/2023)( Motions due by 11/17/2023.). (Signed by Magistrate Judge Ona T. Wang on 11/13/2023) (ama)
|
| Filing 75 MEMORANDUM OF LAW in Opposition re: #70 MOTION to Quash subpoenas ad testificandum issued to non-party Wakefern Food Corp., Bill Mayo and Harry Garafalo . . Document filed by RBG Management Corp...(Kessler, Jeffrey) |
| Set/Reset Deadlines: Fact Discovery due by 11/17/2023. Responses due by 11/17/2023 (ama) |
| Filing 74 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #70 MOTION to Quash subpoenas ad testificandum issued to non-party Wakefern Food Corp., Bill Mayo and Harry Garafalo . [In re: Setting Briefing Schedule for Wakefern's Motion to Quash Morton Williams' Deposition Subpoenas] addressed to Magistrate Judge Ona T. Wang from Mark E. Rizik Jr. dated November 10, 2023. Document filed by RBG Management Corp...(Rizik, Mark) |
| Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Status Conference held on 11/9/2023. (Quinn, Diane) |
| Filing 73 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Ona T. Wang from Mark E. Rizik Jr. dated November 8, 2023 re: #72 LETTER MOTION for Discovery addressed to Magistrate Judge Ona T. Wang from Gavin J. Rooney dated November 8, 2023. . Document filed by RBG Management Corp...(Rizik, Mark) |
| Filing 72 LETTER MOTION for Discovery addressed to Magistrate Judge Ona T. Wang from Gavin J. Rooney dated November 8, 2023. Document filed by Village Super Market, Inc...(Rooney, Gavin) |
| Filing 71 MOTION to Change Venue . Document filed by Village Super Market, Inc.. (Attachments: #1 Exhibit Memorandum of Law in Support of Village's Motion to Transfer Venue, #2 Affidavit Declaration of Gavin J. Rooney in Support of Defendant Village Super Market, Inc.s Motion to Transfer Venue, #3 Exhibit A - 2023.11.02 Complaint filed by Wakefern Food Corp., #4 Exhibit B - Undated letter sent by counsel for Wakefern to Plaintiff RBG Management Corp. regarding Morton Williams Notice of Material Breach of Wholesale Supply Agreement., #5 Exhibit C - Redacted supply agreement entered by Wakefern and RBG Management Corp. in 2019, #6 Proposed Order re: Village's Motion to Transfer Venue).(Rooney, Gavin) |
| Filing 70 MOTION to Quash subpoenas ad testificandum issued to non-party Wakefern Food Corp., Bill Mayo and Harry Garafalo . Document filed by Wakefern Food Corp.. (Attachments: #1 Exhibit Memorandum of Law in Support of Motion to Quash, #2 Affidavit Declaration of Maximilian D. Cadmus with exhibits, #3 Proposed Order Proposed Order, #4 Affidavit Certificate of Service).(Cadmus, Maximilian) |
| Filing 69 JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler and Gavin J. Rooney dated October 27, 2023 re: Status update pursuant to Order dated August 16, 2023 (ECF No. 45). Document filed by RBG Management Corp...(Kessler, Jeffrey) |
| Filing 68 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Village Super Market, Inc...(Rooney, Gavin) |
| Filing 67 ANSWER to #1 Complaint. Document filed by Village Super Market, Inc...(Rooney, Gavin) |
| Filing 66 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler dated October 17, 2023. Document filed by RBG Management Corp.. (Attachments: #1 Proposed Order - Stipulation and [Proposed] Order Regarding Schedule Extension).(Kessler, Jeffrey) |
|
Filing 65
MEMO ENDORSEMENT granting #62 MOTION for Lauren E. Van Driesen to Withdraw as Attorney. ENDORSEMENT The motion is GRANTED. The Clerk of Court is respectfully directed to withdraw Lauren E. Van Driesen's appearance for Defendant and her name from the ECF service lists in this action. SO ORDERED. Attorney Lauren Elizabeth Van Driesen terminated. (Signed by Judge Jennifer L. Rochon on 10/6/2023) (jca)
|
|
Filing 64
STIPULATION AND ORDER EXTENDING TIME TO ANSWER THE COMPLAINT IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for plaintiff RBG Management Corp. and counsel for defendant Village Super Market, Inc. in the above-captioned action that: 1. The time for Village Super Market, Inc. to answer the Complaint is extended from October 5, 2023, up to and including October 19, 2023. 2. This Stipulation may be executed by facsimile and/or emailed counterparts, each of which will be deemed an original. SO ORDERED. Village Super Market, Inc. answer due 10/19/2023. (Signed by Judge Jennifer L. Rochon on 10/5/2023) (rro)
|
| Filing 63 NOTICE OF APPEARANCE by Reynold Lambert on behalf of Village Super Market, Inc...(Lambert, Reynold) |
| Filing 62 MOTION for Lauren E. Van Driesen to Withdraw as Attorney . Document filed by Village Super Market, Inc.. (Attachments: #1 Affidavit Declaration of Lauren Van Driesen).(Van Driesen, Lauren) |
| Filing 61 PROPOSED STIPULATION AND ORDER. Document filed by Village Super Market, Inc...(Rooney, Gavin) |
|
Filing 60
ORDER The Court is in receipt of ECF 47. The Court will hold a Status Conference on Thursday, November 9, 2023 at 10 a.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (ada)
|
| Filing 59 JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler and Gavin J. Rooney dated September 29, 2023 re: Status update pursuant to Order dated August 16, 2023 (ECF No. 45). Document filed by RBG Management Corp...(Kessler, Jeffrey) |
| Filing 58 LETTER addressed to Magistrate Judge Ona T. Wang from Maximilian D. Cadmus dated September 28, 2023 re: Supplemental letter on behalf of non-party Wakefern Food Corp. in response to Morton Williams' September 27, 2023 supplemental letter submitted to the Court. Document filed by Wakefern Food Corp...(Cadmus, Maximilian) |
| Filing 57 NOTICE OF APPEARANCE by Maximilian Cadmus on behalf of Wakefern Food Corp...(Cadmus, Maximilian) |
| Filing 56 LETTER REPLY to Response to Motion addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler dated September 27, 2023 re: #47 LETTER MOTION for Local Rule 37.2 Conference Re: Motion to Compel, addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler dated September 20, 2023. -- Regarding Defendant Village's Response to Morton Williams' Letter-Motion Seeking to Compel Production of Certain Data by Third-Party Wakefern. Document filed by RBG Management Corp.. (Attachments: #1 Exhibit A - March 4, 2023 Letter from Morton Williams to Village re: Discovery).(Kessler, Jeffrey) |
| Filing 55 LETTER REPLY to Response to Motion addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler dated September 27, 2023 re: #47 LETTER MOTION for Local Rule 37.2 Conference Re: Motion to Compel, addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler dated September 20, 2023. -- Regarding Third-Party Wakefern's Response to Morton Williams' Letter-Motion Seeking to Compel Production of Certain Data by Wakefern. Document filed by RBG Management Corp.. (Attachments: #1 Exhibit A - Email from Wakefern).(Kessler, Jeffrey) |
| Filing 54 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Wakefern Food Corp...(Cadmus, Maximilian) |
| Filing 53 NOTICE of Exhibit A to Letter Response in Opposition And in Support of Enforcement of Forum Selection Clause And to Quash Supboena re: #51 Response in Opposition to Motion,,. Document filed by Wakefern Food Corp...(Cadmus, Maximilian) |
| Filing 52 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Ona T. Wang from Gavin J. Rooney dated Sept. 25, 2023 re: #47 LETTER MOTION for Local Rule 37.2 Conference Re: Motion to Compel, addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler dated September 20, 2023. . Document filed by Village Super Market, Inc.. (Attachments: #1 Affidavit (Declaration) of Gavin J. Rooney, #2 Exhibit A - Email Correspondence).(Rooney, Gavin) |
| Filing 51 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Ona T. Wang from Maximilian D. Cadmus dated September 25, 2023 re: #47 LETTER MOTION for Local Rule 37.2 Conference Re: Motion to Compel, addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler dated September 20, 2023. And Counter-Motion by Wakefern Food Corp. For Enforcement of a Forum Selection Clause Governing This Dispuse, And to Quash The Subpoena. Document filed by Wakefern Food Corp...(Cadmus, Maximilian) |
| Filing 50 DECLARATION of Mark E. Rizik Jr. in Support re: #47 LETTER MOTION for Local Rule 37.2 Conference Re: Motion to Compel, addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler dated September 20, 2023.. Document filed by RBG Management Corp.. (Attachments: #1 Exhibit A - Invoice Report (Filed Under Seal)).(Kessler, Jeffrey) |
| Filing 49 ***SELECTED PARTIES***DECLARATION of Mark E. Rizik Jr. in Support re: #47 LETTER MOTION for Local Rule 37.2 Conference Re: Motion to Compel, addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler dated September 20, 2023.. Document filed by RBG Management Corp., Village Super Market, Inc.. (Attachments: #1 Exhibit A - Invoice Report)Motion or Order to File Under Seal: #48 .(Kessler, Jeffrey) |
| Filing 48 LETTER MOTION to Seal Exhibit A to the Declaration of Mark E. Rizik Jr. in Support of Letter Motion for Pre-Motion Conference Re: Motion to Compel, addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler dated September 20, 2023. Document filed by RBG Management Corp...(Kessler, Jeffrey) |
| Filing 47 LETTER MOTION for Local Rule 37.2 Conference Re: Motion to Compel, addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler dated September 20, 2023. Document filed by RBG Management Corp.. (Attachments: #1 Exhibit (Attachment) 1 - Subpoena to Wakefern, #2 Exhibit (Attachment) 2 - Supply Agreement, #3 Affidavit (Certificate) of Service).(Kessler, Jeffrey) |
|
Filing 46
OPINION AND ORDER re: #17 MOTION to Dismiss The Complaint. filed by Village Super Market, Inc. For the foregoing reasons, Village's motion is GRANTED in part and DENIED in part. Morton Williamss second, third, and fourth claims for relief are DISMISSED. IT IS HEREBY ORDERED that Village shall file its answer to Morton Williams's remaining claim no later than 21 days after the date of this Opinion and Order. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 17. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/14/2023) (jca)
|
|
Filing 45
ORDER denying as moot #37 Letter Motion to Compel. See ECF 44. The conference scheduled for August 17, 2023 is adjourned sine die. The parties are directed to file joint status letters on the last Friday of each month, beginning on September 29, 2023. If the parties wish to have a confidential pre-settlement call with the Court, they should propose three dates in September or October for such a call. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (Wang, Ona)
|
| Filing 44 LETTER addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler dated August 16, 2023 re: August 17th Status Conference and Data-Related Dispute. Document filed by RBG Management Corp...(Kessler, Jeffrey) |
| Filing 43 JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Jeffrey L. Kessler and Gavin J. Rooney dated August 10, 2023 re: Joint Proposed Agenda for Status Conference, pursuant to Order dated July 28, 2023 (ECF No. 42). Document filed by RBG Management Corp...(Kessler, Jeffrey) |
|
Filing 42
ORDER: The Court will hold a status conference on August 17, 2023, at 10:00 a.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. The Court is in receipt of ECF Nos. 37, 38, 39. The parties shall file a joint proposed agenda of no more than three pages for the conference by August 10, 2023. Status Conference set for 8/17/2023 at 10:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 7/28/2023) (rro)
|
|
Filing 41
AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Ona T. Wang. Motions referred to Ona T. Wang. (Signed by Judge Jennifer L. Rochon on 7/27/2023) (kv)
|
|
Filing 40
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: ECF No. 37. Referred to Magistrate Judge Ona T. Wang. Motions referred to Ona T. Wang. (Signed by Judge Jennifer L. Rochon on 7/20/2023) (rro)
|
| Filing 39 LETTER RESPONSE in Opposition to Motion addressed to Judge Jennifer L. Rochon from Gavin J. Rooney dated July 12, 2023 re: #37 LETTER MOTION to Compel Defendant Village Super Market, Inc. to produce certain financial data addressed to Judge Jennifer L. Rochon from Jeffrey L. Kessler dated July 6, 2023. . Document filed by Village Super Market, Inc...(Rooney, Gavin) |
| Filing 38 LETTER addressed to Judge Jennifer L. Rochon from Gavin J. Rooney dated 07/07/2023 re: Intends to Respond to Motion to Compel Discovery on July 12, 2023. Document filed by Village Super Market, Inc...(Rooney, Gavin) |
| Filing 37 LETTER MOTION to Compel Defendant Village Super Market, Inc. to produce certain financial data addressed to Judge Jennifer L. Rochon from Jeffrey L. Kessler dated July 6, 2023. Document filed by RBG Management Corp.. (Attachments: #1 Exhibit A - Plaintiff's First Set of Requests for Production of Documents to Defendant, #2 Exhibit B - May 31, 2023 letter, #3 Exhibit C - June 27, 2023 email).(Kessler, Jeffrey) |
|
Filing 36
STIPULATION AND ORDER REGARDING PROTOCOL FOR EXPERT DISCOVERY Pursuant to Rules 26 and 29(b) of the Federal Rules of Civil Procedure, Plaintiff RBG Management Corp. and Defendant Village Super Market, Inc. hereby stipulate and agree, and jointly request an Order, that: Within two (2) business days after any party serves any expert report or expert declaration in this action, the party or parties serving such report (the "Serving Party") electronically shall produce (i) the data, documents, and other information relied upon or considered by the expert witness in forming the expert witness's opinions, and (ii) any exhibits referenced in the expert report or expert declaration that summarize or support the expert witness's opinions. At the time of service, any expert report or expert declaration shall be treated as Highly Confidential, unless the Serving Party directs otherwise or files it publicly. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 6/27/2023) (jca)
|
| Filing 35 PROPOSED STIPULATION AND ORDER. Document filed by RBG Management Corp...(Kessler, Jeffrey) |
|
Filing 34
ORDER granting #33 Letter Motion for Extension of Time to Complete Discovery. The request to extend the discovery schedule is GRANTED. Plaintiff shall disclose its experts by October 10, 2023. Defendant shall disclose its experts by October 24, 2023. Fact discovery shall close on November 16, 2023. Plaintiff shall file its expert reports by December 20, 2023. Defendant shall file its expert reports by January 31, 2024. Expert discovery shall close on February 29, 2024. The Court will hold a post-discovery pretrial conference on April 3, 2023 at 11:00AM. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 6/22/2023) (jca)
|
| Set/Reset Deadlines: (Expert Discovery due by 2/29/2024., Fact Discovery due by 11/16/2023.), Set/Reset Hearings: (Pretrial Conference set for 4/3/2024 at 11:00 AM before Judge Jennifer L. Rochon.) (jca) |
| Filing 33 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Jennifer L. Rochon from Jeffrey L. Kessler dated June 21, 2023. Document filed by RBG Management Corp.. (Attachments: #1 Text of Proposed Order - Stipulation and [Proposed] Order Regarding Schedule Extension).(Kessler, Jeffrey) |
|
Filing 32
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Jennifer L. Rochon on 5/2/2023) (jca)
|
| Filing 31 LETTER addressed to Judge Jennifer L. Rochon from Jeffrey L. Kessler dated May 1, 2023 re: Parties' Proposed Protective Order. Document filed by RBG Management Corp.. (Attachments: #1 Exhibit A - [Proposed] Protective Order, #2 Exhibit B - Redline Against the Model Protective Order).(Kessler, Jeffrey) |
| ***DELETED DOCUMENT. Deleted document number #31 NOTICE OF INITIAL PRETRIAL CONFERENCE. The document was incorrectly filed in this case. (jca) |
|
Filing 30
ORDER denying without prejudice to renewal #28 Letter Motion for Discovery. The motion is DENIED with leave to renew when the scope of expert discovery is clearer. The Court will consider providing a reasonable extension but asks the parties to meet and confer in an effort to propose a joint request. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 2/24/2023) (jca)
|
| Filing 29 LETTER RESPONSE in Opposition to Motion addressed to Judge Jennifer L. Rochon from Jeffrey L. Kessler dated February 14, 2023 re: #28 LETTER MOTION for Discovery to amend the Case Management Plan And Scheduling Order addressed to Judge Jennifer L. Rochon from Gavin J. Rooney dated February 13, 2023. . Document filed by RBG Management Corp.. (Attachments: #1 Exhibit 1 - February 6, 2023 Email, #2 Exhibit 2 - February 7, 2023 Email).(Kessler, Jeffrey) |
| Filing 28 LETTER MOTION for Discovery to amend the Case Management Plan And Scheduling Order addressed to Judge Jennifer L. Rochon from Gavin J. Rooney dated February 13, 2023. Document filed by Village Super Market, Inc.. (Attachments: #1 Text of Proposed Order regarding Amended Civil Case Management Plan and Scheduling).(Rooney, Gavin) |
|
Filing 27
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Interrogatories shall be served no later than March 30, 2023. Fact depositions shall be completed no later than July 24, 2023. Requests to admit shall be served no later than April 28, 2023. Plaintiff's expert disclosures pursuant to Federal Rule of Civil Procedure 26(a)(2) shall be made no later than August 28, 2023. In addition, Plaintiff will disclose its testifying experts names and CVs, as well as the general nature of their testimony, no later than July 24, 2023. Defendant's expert disclosures pursuant to Federal Rule of Civil Procedure 26(a)(2) shall be made no later than September 8, 2023. In addition, Defendant will disclose its testifying experts' names and CVs, as well as the general nature of their testimony, no later than August 4, 2023. All expert discovery, including expert reports and depositions, shall be completed no later than September 29, 2023. Counsel for all parties must meet and confer for at least one hour to discuss settlement within 28 days following the close of fact discovery (i.e., between August 14, 2023 and September 25, 2023). The Court will conduct a post-discovery pre-trial conference on September 27, 2023 at 11:00 AM. The parties shall be ready for trial as of two weeks following the deadline for the proposed Joint Pretrial Order. The case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is five days. The next case management conference is scheduled for September 27, 2023 at 11:00 AM. The Court has revised the parties' proposed scheduling order. The parties provided no justification for the proposed deadlines which deviate in length significantly from the Court's standard guidelines for discovery. Deposition due by 9/29/2023. Fact Discovery due by 8/14/2023. Expert Discovery due by 9/29/2023. Discovery due by 9/29/2023. Case Management Conference set for 9/27/2023 at 11:00 AM before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 2/1/2023) (ate)
|
| Filing 26 PROPOSED CASE MANAGEMENT PLAN. Document filed by RBG Management Corp...(Kessler, Jeffrey) |
| Filing 25 REPLY MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss The Complaint. . Document filed by Village Super Market, Inc...(Rooney, Gavin) |
|
Filing 24
ORDER denying #20 Letter Motion to Stay addressed to Judge Jennifer L. Rochon from Gavin J. Rooney dated January 4, 2023. For the foregoing reasons, the Court exercises its discretion to DENY Defendant's request to stay discovery. The parties shall confer and resubmit a Civil Case Management and Scheduling Order by February 1, 2023. The Clerk of Court is respectfully directed to terminate the letter-motion pending at ECF No. 20. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/24/2023) (vfr)
|
| Filing 23 LETTER RESPONSE in Opposition to Motion addressed to Judge Jennifer L. Rochon from Jeffrey L. Kessler dated January 10, 2023 re: #20 LETTER MOTION to Stay Discovery addressed to Judge Jennifer L. Rochon from Gavin J. Rooney dated January 4, 2023. . Document filed by RBG Management Corp...(Kessler, Jeffrey) |
| Filing 22 MEMORANDUM OF LAW in Opposition re: #17 MOTION to Dismiss The Complaint. . Document filed by RBG Management Corp...(Kessler, Jeffrey) |
| Filing 21 NOTICE OF APPEARANCE by Cassandra Annemarie Essert on behalf of Village Super Market, Inc...(Essert, Cassandra) |
| Filing 20 LETTER MOTION to Stay Discovery addressed to Judge Jennifer L. Rochon from Gavin J. Rooney dated January 4, 2023. Document filed by Village Super Market, Inc...(Rooney, Gavin) |
| Minute Entry for proceedings held before Judge Jennifer L. Rochon: Initial Pretrial Conference held on 12/21/2022. (aba) |
| Filing 19 JOINT LETTER addressed to Judge Jennifer L. Rochon from Jeffrey L. Kessler and Gavin J. Rooney dated December 14, 2022 re: Notice of Initial Pretrial Conference (ECF No. 8). Document filed by RBG Management Corp.. (Attachments: #1 Text of Proposed Order - Proposed Civil Case Management Plan and Scheduling Order).(Kessler, Jeffrey) |
| Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss The Complaint. . Document filed by Village Super Market, Inc.. (Attachments: #1 Affidavit Declaration Of Gavin J. Rooney In Support Of Defendant Village Super Market, Inc.s Motion To Dismiss, #2 Exhibit A - Village Super Market July 31, 2021 Form 10-K, #3 Exhibit B - Wakefern Food Corporation By-Laws, #4 Exhibit C - 2019-07-17 Wholesale Supply Agreement, #5 Text of Proposed Order Granting Motion to Dismiss).(Rooney, Gavin) |
| Filing 17 MOTION to Dismiss The Complaint. Document filed by Village Super Market, Inc.. Responses due by 1/9/2023.(Rooney, Gavin) |
|
Filing 16
STIPULATION AND ORDER EXTENDING TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for plaintiff RBG Management Corp. and counsel for defendant Village Super Market, Inc. in the above-captioned action that: 1. There has been one previous request for an extension of time in this matter, which was granted on October 5, 2022. 2. The time for Village Super Market, Inc. to answer, move, or otherwise respond to the Complaint is extended from November 11, 2022, up to and including November 28, 2022. 3. The deadline for RBG Management Corp. to respond to any motion to dismiss by Village Super Market, Inc. is extended from December 16, 2022, up to and including January 9, 2023. 4. Village Super Market, Inc. shall file any brief in reply on or before January 26, 2023. 5. This Stipulation may be executed by facsimile and/or emailed counterparts, each of which will be deemed an original. SO ORDERED. Village Super Market, Inc. answer due 11/28/2022.( Motions due by 11/28/2022., Responses due by 12/16/2022, Replies due by 1/9/2023.) (Signed by Judge Jennifer L. Rochon on 11/4/2022) (ate)
|
| Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by Village Super Market, Inc...(Rooney, Gavin) |
| Filing 14 NOTICE OF APPEARANCE by Lauren Elizabeth Van Driesen on behalf of Village Super Market, Inc...(Van Driesen, Lauren) |
| Filing 13 NOTICE OF APPEARANCE by Christopher Steven Porrino on behalf of Village Super Market, Inc...(Porrino, Christopher) |
| Filing 12 NOTICE OF APPEARANCE by Gavin J. Rooney on behalf of Village Super Market, Inc...(Rooney, Gavin) |
|
Filing 11
STIPULATION AND ORDER EXTENDING TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE COMPLAINT, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for plaintiff RBG Management Corp. and counsel for defendant Village Super Market, Inc. in the above-captioned action that: The time for Village Super Market, Inc. to answer, move, or otherwise respond to the Complaint is extended from October 12, 2022, up to and including November 11, 2022. The deadline for RBG Management Corp. to respond to any motion to dismiss by Village Super Market, Inc. shall be thirty-five days after service of any such motion. The request for an extension of time for Defendant Village Super Market, Inc. to answer is GRANTED. Defendant shall answer or otherwise respond to the complaint by November 11, 2022. SO ORDERED. (Village Super Market, Inc. answer due 11/11/2022.) (Signed by Judge Jennifer L. Rochon on 10/5/22) (yv)
|
| Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by Village Super Market, Inc...(Rooney, Gavin) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. Village Super Market, Inc. served on 9/21/2022, answer due 10/12/2022. Service was accepted by Fernanda Reed, Managing Agent (also served with Notice of Initial Pretrial Conference). Document filed by RBG Management Corp...(Kessler, Jeffrey) |
|
Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/21/2022 at 2:00 PM before Judge Jennifer L. Rochon. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/20/2022) (vfr)
|
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Village Super Market, Inc. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| Magistrate Judge Ona T. Wang 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| Case Designated ECF. (vf) |
| Filing 6 NOTICE OF APPEARANCE by Mark Edward Rizik on behalf of RBG Management Corp...(Rizik, Mark) |
| Filing 5 NOTICE OF APPEARANCE by Martin C. Geagan on behalf of RBG Management Corp...(Geagan, Martin) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Village Super Market, Inc., re: #1 Complaint. Document filed by RBG Management Corp...(Kessler, Jeffrey) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by RBG Management Corp...(Kessler, Jeffrey) |
| Filing 2 CIVIL COVER SHEET filed..(Kessler, Jeffrey) |
| Filing 1 COMPLAINT against Village Super Market, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26701768)Document filed by RBG Management Corp...(Kessler, Jeffrey) |
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 New Jersey 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.
