WATKINS v. BAI BRANDS, LLC et al
| ROBERT WATKINS |
| BAI BRANDS, LLC, BEN WEISS, DR PEPPER SNAPPLE GROUP INC. n/k/a KEURIG DR. PEPPER, INC. and DR PEPPER SNAPPLE GROUP, INC |
| 3:2022cv04455 |
| July 7, 2022 |
| US District Court for the District of New Jersey |
| Tonianne J Bongiovanni |
| Georgette Castner |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| None |
Docket Report
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Filing 40
STIPULATION AND ORDER OF DISMISSAL of Plaintiff to dismiss all claims against the defendants with prejudice. Signed by Judge Georgette Castner on 4/18/2023. (DS, ) Modified on 4/21/2023 (eaj, ).
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| Filing 39 STIPULATION of Dismissal by ROBERT WATKINS. (BALLOU, ROBERT) |
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Filing 38
TEXT ORDER: On 3/28/2023, Plaintiff filed a letter containing confidential information related to settlement. (Docket Entry No. 36 .) Pursuant to Federal Rule of Evidence 408, discussions contemplating settlement are generally not admissible and should not be revealed to the public. As a result, Plaintiff's letter was improperly filed with the Court. Under these circumstances, the Clerk of the Court is directed remove the content associated with Docket Entry No. 36 . Any future correspondence regarding settlement must be submitted electronically to tjb_orders@njd.uscourts.gov. So Ordered by Magistrate Judge Tonianne J. Bongiovanni on 3/30/2023. (jem)
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Filing 37
TEXT ORDER: A Settlement Conference is set for 5/04/2023 at 10:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Clients with settlement authority, in addition to counsel, must appear in person at the conference. Given the probability that additional Standing Orders may be entered prior to the settlement conference, counsel is directed to keep informed of same in case the requirements for appearing in person change. The Standing Orders can be found on the District Court's website at https://www.njd.uscourts.gov/standing-orders. So Ordered by Magistrate Judge Tonianne J. Bongiovanni on 3/29/2023.(jem)
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| Filing 36 Letter from plaintiff's counsel. (BALLOU, ROBERT) |
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Filing 35
LETTER ORDER granting extension for Plaintiff to serve his proposed amended second complaint on defendant's until 3/24/2023. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/3/2023. (mg, )
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| Filing 34 Letter from William M. Tambussi, Esquire. (TAMBUSSI, WILLIAM) |
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Filing 33
TEXT ORDER: In light of Plaintiff's letter correspondence, the deadline for Plaintiff to file a proposed second amended complaint is extended to 3/3/2023. Defendants shall respond to the proposed second amended complaint by 3/31/2023. So Ordered by Magistrate Judge Tonianne J. Bongiovanni on 2/17/2023. (jem)
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Filing 32
TEXT ORDER: Plaintiff will file any proposed second amended complaint no later than 2/17/2023. Defendants will respond to any proposed second amended complaint, including objections, if any, to its filing, no later than 3/17/2023. So Ordered by Magistrate Judge Tonianne J. Bongiovanni on 2/02/2023. (jem)
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| Text Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 1/19/2023. (jem) |
| Filing 31 Letter from Joseph Garvey. (BALLOU, ROBERT) |
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Filing 30
TEXT ORDER: Status Conference via telephone set for 1/19/2023 at 10:00 a.m. before Magistrate Judge Tonianne J. Bongiovanni. Kindly mark your calendars accordingly. The Court shall circulate dial-in information for the telephone conference at a later date. So Ordered by Magistrate Judge Tonianne J. Bongiovanni on 12/23/2022. (jem)
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| CLERK'S QUALITY CONTROL MESSAGE - The #29 Letter submitted by Robert Ballou on 11/22/2022 contains an improper signature. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC OR SCANNED SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (jdg) |
| Filing 29 Letter. (BALLOU, ROBERT) |
| Filing 28 Letter from Sean Radomski re #27 Letter. (RADOMSKI, SEAN) |
| Filing 27 Letter. (TAMBUSSI, WILLIAM) |
| Pro Hac Vice counsel, KENNETH G. WALSH, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jdg) |
| Text Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 10/4/2022. By 11/4/2022, the parties shall provide an update regarding production of documents and settlement status in the Vitalis matter which is proceeding in state court. This Court will then determine whether appropriate to stay further briefing on the Motions to Dismiss. In the meantime, however, the Motions #11 and #13 shall be administratively terminated. If additional discovery is produced, the Defendants shall have the option of relisting the filed brief or filing anew. (jem) |
| Filing 26 Notice of Request by Pro Hac Vice Kenneth G. Walsh to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-13730717.) (BALLOU, ROBERT) |
| Filing 25 NOTICE of Appearance by BRIAN A. HERMAN on behalf of BAI BRANDS, LLC, DR PEPPER SNAPPLE GROUP, INC (HERMAN, BRIAN) |
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Filing 24
TEXT ORDER: A telephone conference to address DE Nos. #21 & #22 shall be conducted on 10/03/2022 at 10:00 a.m. before Magistrate Judge Tonianne J. Bongiovanni. In the meantime, briefing on the motion to dismiss, DE No. #11 , is stayed. So Ordered by Magistrate Judge Tonianne J. Bongiovanni on 9/02/2022. (jem)
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| Filing 23 Letter re #21 Letter. (RADOMSKI, SEAN) |
| Filing 22 Letter re #21 Letter. (TAMBUSSI, WILLIAM) |
| Filing 21 Letter from Joseph J. Garvey re #11 MOTION to Dismiss Plaintiff's Amended Complaint. (Attachments: #1 Exhibit Judge Keefe 9-1-22 Letter)(BALLOU, ROBERT) |
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Filing 20
ORDER extending Plaintiff's time to oppose defendants' motion to dismiss until 9/6/2022 and defendant will have until 9/20/2022 to file a reply. Signed by Magistrate Judge Tonianne J. Bongiovanni on 8/31/2022. (jdg)
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| Set Deadlines as to #19 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss Plaintiff's Amended Complaint . Motion set for 10/3/2022 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg) |
| Filing 19 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss Plaintiff's Amended Complaint by ROBERT WATKINS. (BALLOU, ROBERT) |
| CLERK'S QUALITY CONTROL MESSAGE - The Motion for Extension of Time to File Response/Reply #18 submitted by Robert Ballou on 8/29/2022 contains an improper signature. Only the filing user is permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (jdg) |
| Filing 18 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss Plaintiff's Amended Complaint by ROBERT WATKINS. (BALLOU, ROBERT) |
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Filing 17
ORDER granting #16 Motion for Leave to Appear Pro Hac Vice as to Kenneth G. Walsh. Signed by Magistrate Judge Tonianne J. Bongiovanni on 8/19/2022. (jem)
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| Filing 16 MOTION for Leave to Appear Pro Hac Vice by ROBERT WATKINS. (Attachments: #1 Certification Cert of KGW, #2 Text of Proposed Order Proposed Order)(BALLOU, ROBERT) |
| Set Deadlines as to #16 MOTION for Leave to Appear Pro Hac Vice . Motion set for 9/19/2022 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg) |
| Filing 15 Letter from William M. Tambussi re #12 Exhibit (to Document),, #11 MOTION to Dismiss Plaintiff's Amended Complaint. (TAMBUSSI, WILLIAM) |
| Filing 14 Exhibit to #13 Motion to Dismiss, Supporting Brief and Exhibit J by BEN WEISS. (Attachments: #1 Exhibit J)(TAMBUSSI, WILLIAM)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 13 MOTION to Dismiss Plaintiff's Complaint by BEN WEISS. Responses due by 9/6/2022 (Attachments: #1 Text of Proposed Order, #2 Certification Of Counsel, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit K)(TAMBUSSI, WILLIAM) |
| Set Deadlines as to #11 MOTION to Dismiss Plaintiff's Amended Complaint. Motion set for 9/6/2022 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg) |
| Set Deadlines as to #13 MOTION to Dismiss Plaintiff's Complaint. Motion set for 9/19/2022 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg) |
| Filing 12 Exhibit to #11 Motion to Dismiss Plaintiff's Amended Complaint by BAI BRANDS, LLC, DR PEPPER SNAPPLE GROUP, INC. (Attachments: #1 Exhibit)(RADOMSKI, SEAN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 11 MOTION to Dismiss Plaintiff's Amended Complaint by BAI BRANDS, LLC, DR PEPPER SNAPPLE GROUP, INC. (Attachments: #1 Text of Proposed Order, #2 Certification)(RADOMSKI, SEAN) |
| Filing 10 CERTIFICATE OF SERVICE by ROBERT WATKINS Affidavit of Service re all defs (BALLOU, ROBERT) |
| Filing 9 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendant Ben Weiss.. (TAMBUSSI, WILLIAM) |
| Clerk`s Text Order - The #8 Application for Clerk's Order Extending Time to Answer submitted by DR PEPPER SNAPPLE GROUP, INC, BAI BRANDS, LLC has been GRANTED. The answer due date has been set for 8/12/2022. (jdg) |
| Clerk`s Text Order - The #9 Application for Clerk's Order Extending Time to Answer submitted by BEN WEISS has been GRANTED. The answer due date has been set for 8/15/2022. (jdg) |
| Filing 8 Application and Proposed Order for Clerk's Order to extend time to answer Attorney SEAN JOSEPH RADOMSKI for BAI BRANDS, LLC,SEAN JOSEPH RADOMSKI for DR PEPPER SNAPPLE GROUP, INC added. (RADOMSKI, SEAN) |
| Filing 7 Corporate Disclosure Statement by BAI BRANDS, LLC, DR PEPPER SNAPPLE GROUP, INC. (RADOMSKI, SEAN) |
| Filing 6 NOTICE of Appearance by SEAN JOSEPH RADOMSKI on behalf of BAI BRANDS, LLC, DR PEPPER SNAPPLE GROUP, INC (RADOMSKI, SEAN) |
| Filing 5 NOTICE of Appearance by ANDREW S. BROWN on behalf of BEN WEISS (BROWN, ANDREW) |
| Filing 4 NOTICE of Appearance by WILLIAM M. TAMBUSSI on behalf of BEN WEISS (TAMBUSSI, WILLIAM) |
| Filing 3 AMENDED COMPLAINT against BAI BRANDS, LLC, DR PEPPER SNAPPLE GROUP, INC, BEN WEISS, filed by ROBERT WATKINS.(BALLOU, ROBERT) |
| Filing 2 SUMMONS ISSUED as to BAI BRANDS, LLC, DR PEPPER SNAPPLE GROUP, INC, BEN WEISS. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (kht) |
| CLERK'S QUALITY CONTROL MESSAGE - The Complaint #1 submitted by Robert A. Ballou on 7/7/2022 contains an improper signature. Only the filing user is permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (kht) |
| Filing 1 COMPLAINT against BAI BRANDS, LLC, DR PEPPER SNAPPLE GROUP INC. n/k/a KEURIG DR. PEPPER, INC., BEN WEISS ( Filing and Admin fee $ 402 receipt number ANJDC-13543125), filed by ROBERT WATKINS. (Attachments: #1 Civil Cover Sheet)(BALLOU, ROBERT) |
| Judge Georgette Castner and Magistrate Judge Tonianne J. Bongiovanni added. (kht) |
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