Amsterdam Tobacco Co., Inc. et al v. Core-Mark Midcontinent, Inc.
| Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp., Donohue Candy and Tobacco Co., Inc. and Amsterdam Tobacco Co., Inc. |
| Core-Mark Midcontinent, Inc., McLane/Midwest, Inc., Harold Levinson Associates, LLC, Plainfield Tobacco and Candy Co., Inc. d/b/a Resnick Distributors, Consumer Product Distributors, Inc. d/b/a/ J. Polep Distribution Services, McLane/Eastern, Inc., Plainfield Tobacco and Candy Co., Inc., Consumer Product Distributors, Inc., Plainfield Tobacco and Candy Co., Inc. doing business as Resnick Distributors and Consumer Product Distributors, Inc. doing business as J. Polep Distribution Services |
| 1:2018cv01432 |
| March 8, 2018 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Rachel P Kovner |
| Vera M Scanlon |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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| Case Reassigned to Judge Rachel P. Kovner. Judge Kiyo A. Matsumoto no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) |
Filing 82
STATUS REPORT ORDER: As discussed during the 1/28/2020 conference (see attached order for additional detail and deadlines), on or before 3/27/2020, the Parties will file a joint status report letter to provide an update on discovery and request an ADR referral if desired. The confidentiality order at #22 is filed separately and so ordered as modified. The motion at #80 in 18CV1432 is withdrawn with leave to renew if the parties do not resolve the issue. The motion at #24 in 19CV2079 is withdrawn with leave to renew if the parties do not resolve the issue. The motion at #24 in 19CV2080 is withdrawn with leave to renew if the parties do not resolve the issue. The motion at #23 in 19CV2080 is granted. Counsel are engaged in negotiations to resolve the scope of discovery to be produced as to "NY customers." Ordered by Magistrate Judge Vera M. Scanlon on 1/28/2020. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Discovery Hearing held on 1/28/2020 in Courtroom 13A South. Randall Fox and Anthony Maneiro appearing for Plaintiff. Scott Martin, Robert Sulvers, Robert Koshgarian and Michael Hawrylchak appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #10:35-10:45; 11:45-11:55.) (Quinlan, Krista) |
| Filing 81 REPLY in Opposition re Order on Motion for Hearing, filed by Core-Mark Midcontinent, Inc.. (Nathan, Steven) |
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ORDER granting #80 Motion for Hearing. At the request of the parties, a Discovery Hearing is set for 1/28/2020 at 10:30 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 1/23/2020. (Quinlan, Krista)
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| Filing 80 MOTION for Hearing to Resolve Important Discovery Dispute by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Fox, Randall) Modified on 1/23/2020 to correct motion type. (Quinlan, Krista). |
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Filing 79
ORDER granting #78 Motion for Protective Order with modifications shown in the attachment. Ordered by Magistrate Judge Vera M. Scanlon on 1/15/2020. (Quinlan, Krista)
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ORDER granting #77 Motion for Discovery. The Parties' proposed order at #77 is so ordered. Ordered by Magistrate Judge Vera M. Scanlon on 1/15/2020. (Quinlan, Krista)
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| Filing 78 MOTION for Protective Order by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc.. (Attachments: #1 Proposed Order) (Fox, Randall) |
| Filing 77 MOTION for Discovery by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc.. (Attachments: #1 Proposed Order Regarding the Production of Discovery Material) (Fox, Randall) |
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ORDER granting #75 Motion to Amend the caption. The Clerk's Office is requested to amend the complaint. (Chambers updated). Ordered by Magistrate Judge Vera M. Scanlon on 12/11/2019. (Quinlan, Krista)
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ORDER granting #76 Motion for Extension of Time to File. Plaintiff's request, on consent, to extend the Parties' time to submit a proposed electronic discovery plan from 12/9/2019 to 12/11/2019 is granted. Ordered by Magistrate Judge Vera M. Scanlon on 12/9/2019. (Oliner, Daniel)
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| Filing 76 Letter MOTION for Extension of Time to File Proposed Plan for Electronic Discovery by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc.. (Fox, Randall) |
| Filing 75 Motion to Amend Case Caption by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc. (Fox, Randall) Modified on 12/11/2019 to add motion. (Quinlan, Krista). |
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Filing 74
SCHEDULING ORDER: As discussed during the 11/5/2019 conference (see attached order for additional detail and deadlines), all discovery must be completed by 3/1/2021. On or before 3/5/2021, the Parties will file a joint status report letter confirming that discovery is complete. On or before 4/1/2021, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. An in person Status Conference is set for 5/5/2020 at 10:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 4/28/2020, the Parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. Ordered by Magistrate Judge Vera M. Scanlon on 11/5/2019. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 11/5/2019 in Courtroom 13A South. Randall Fox appearing for Plaintiffs. Scott Martin and Steven Nathan appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:28-11:44.) (Quinlan, Krista) |
| Filing 73 Proposed Scheduling Order by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc. (Fox, Randall) |
| Filing 72 NOTICE of Appearance by Irving Scher on behalf of Core-Mark Midcontinent, Inc. (aty to be noticed) (Scher, Irving) |
| Filing 71 AMENDED ANSWER to #36 Amended Complaint, by Core-Mark Midcontinent, Inc.. (Nathan, Steven) |
| Filing 70 ANSWER to #36 Amended Complaint, by Core-Mark Midcontinent, Inc.. (Nathan, Steven) |
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Filing 69
SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 11/5/2019 at 11:30 AM before Magistrate Judge Scanlon in Courtroom 13A South. Plaintiffs' counsel is directed to confirm with Defendant's counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 10/31/2019. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference unless in an emergency. Ordered by Magistrate Judge Vera M. Scanlon on 10/2/2019. (Quinlan, Krista) (Quinlan, Krista).
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Filing 68
ORDER denying #53 Motion to Dismiss for Failure to State a Claim. For the reasons discussed in the attached Memorandum, defendant's motion to dismiss the Amended Complaint is DENIED. The parties are referred to Magistrate Judge Scanlon for all pre-trial matters. Ordered by Judge Kiyo A. Matsumoto on 9/26/2019. (Mazzurco, Vincent)
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ORDER: The parties have recently opened separate cases, (Dkt. Nos. 19-CV-2079, 19-CV-2080), and the court accordingly dismissed certain defendants and plaintiffs, (see Docket Order dated May 1, 2019). Thus, the dismissed-defendants Plainfield Tobacco & Candy Co. and Consumer Product Distributors pending motions ( #41 #46 #57 ) in this case are now terminated. The operative Amended Complaint in this case is filed at #36 by plaintiffs Amsterdam Tobacco Co., Donohue Candy & Cigar, and Mountain Candy & Cigar. Defendant Core-Mark Mid-continent #53 moved to dismiss this Amended Complaint, plaintiffs #57 opposed, and defendant #54 replied. The Clerk of Court is respectfully directed to strike the amended complaints filed at 37 and 38 . Ordered by Judge Kiyo A. Matsumoto on 5/1/2019. (Mazzurco, Vincent)
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ORDER Dismissing Parties. The court recently ordered, after plaintiffs' filed two #65 #66 notices of voluntary dismissal, the dismissal of a number of claims in this action. Mountain Candy & Cigar's claims brought against Plainfield Tobacco & Candy Co. are now in a #63 separate case (Dkt No. 19-CV-2080), and Donohue Candy & Cigar's claims brought against Consumer Product Distributors are also in a #61 separate case (Dkt. No. 19-CV-2079). As a result, the only remaining claims in this case are brought by plaintiffs Amsterdam Tobacco Co., Donohue Candy & Cigar, and Mountain Candy & Cigar, against defendant Core-Mark Midcontinent, Inc. (See Docket Order dated April 3, 2019.) As such, the court terminates from this action plaintiffs Kingston Candy & Tobacco and Sunrise Candy & Tobacco. Defendants Plainfield Tobacco & Candy Co. and Consumer Product Distributors, Inc. are likewise dismissed from the action. Ordered by Judge Kiyo A. Matsumoto on 5/1/2019. (Mazzurco, Vincent)
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| Filing 67 NOTICE of Change of Address by Randall M. Fox (Fox, Randall) |
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Filing 66
ORDER OF VOLUNTARY DISMISSAL OF CERTAIN CLAIMS, Pursuant to Rule 41(a)(l)(A)(i) of Federal Rules of Civil Procedure, Plaintiffs Amsterdam Tobacco Co., Inc. ("Amsterdam Tobacco"), Donohue Candy and Tobacco Co., Inc. ("Donohue Candy"), Kingston Candy & Tobacco Co. Inc. ("Kingston Candy"), Mountain Candy & Cigar Co., Inc. ("Mountain Candy"), and Sunrise Candy & Tobacco Corp. ("Sunrise Candy") (collectively, "Plaintiffs") hereby give notice that Plaintiffs dismiss without prejudice the following claims currently pending in this action: (i) Plaintiff Mountain Candy's claims asserted against Plainfield Tobacco and Candy Co., Inc. D/B/A Resnick Distributors; (ii) Plaintiff Donohue Candy's claims asserted against Consumer Product Distributors, Inc. D/B/A J. Polep Distribution Services ("Polep"); and (iii) Plaintiff Kingston Candy's claims asserted against Polep. This voluntary dismissal does not apply to remaining claims in this action. No opposing party has served an answer or a motion for summary judgment. (Ordered by Judge Kiyo A. Matsumoto on 4/15/2019). c/m (Galeano, Sonia)
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Filing 65
ORDER OF VOLUNTARY DISMISSAL OF CERTAIN CLAIMS, Pursuant to Rule 41(a)(l)(A)(i) of Federal Rules of Civil Procedure, Plaintiffs Amsterdam Tobacco Co., Inc. ("Amsterdam Tobacco"), Donohue Candy and Tobacco Co., Inc. ("Donohue Candy"), Kingston Candy & Tobacco Co. Inc. ("Kingston Candy"), Mountain Candy& Cigar Co., Inc. ("Mountain Candy"), and Sunrise Candy & Tobacco Corp. ("Sunrise Candy") (collectively, "Plaintiffs") hereby give notice that Plaintiffs dismiss without prejudice the following claims currently pending in this action: (i) all Plaintiffs' claims asserted against McLane/Eastern, Inc. and McLane/Midwest, Inc.; (ii) Plaintiff Amsterdam Tobacco's claimsasserted against Plainfield Tobacco and Candy Co., Inc. D/B/A Resnick Distributors ("Resnick") ors, Inc. D/B/A J. Polep Distribution Services ("Polep"); (iii) Plaintiff Donohue Candy's claims asserted against Resnick; (iv) Plaintiff Kingston Candy's claims asserted against Core-Mark Midcontinent, Inc. ("Core-Mark") and Resnick; (v) Plaintiff Mountain Candy's claims asserted against Polep; (vi) Plaintiff Sunrise Candy's claims asserted against Core-Mark, Resnick and Polep. This voluntary dismissal does not apply to remaining claims in this action. No opposing part has served an answer or a motion for summary judgment. (So Ordered by Judge Kiyo A. Matsumoto, dated 4/15/19) c/m Ordered by Judge Kiyo A. Matsumoto on 4/15/2019. (Galeano, Sonia)
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| Filing 64 Letter re Joint Status Update to The Honorable Kiyo A. Matsumoto by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp. (Fox, Randall) |
| Filing 63 Notice of Related Case (Davis, Kimberly) |
| Filing 62 NOTICE of Voluntary Dismissal by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp. (Fox, Randall) |
| Filing 61 Notice of Related Case. (Bowens, Priscilla) |
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ORDER:The court has received and reviewed the parties' #39 Notice of Voluntary Dismissal and #40 Stipulation and Proposed Order of Severance. However, the court cannot order that new cases be opened without the parties paying the required filing fees. Therefore, the court ORDERS plaintiffs to: (1) open new cases corresponding to their respective Amended Complaints against 37 defendant Consumer Product Distributors, Inc. and against 38 defendant Plainfield Tobacco and Candy Co., Inc., filing the Amended Complaints as a new complaint;(2) pay the filing fee for each new docket;(3) indicate that the new cases relate back to this case, Docket No. 18-CV-1432;(4) and serve process on each defendant in the newly filed cases.Defendants may, once served and after having appeared, move to dismiss the complaints in the newly filed cases by filing their respective motions to dismiss as filed in this case. Plaintiffs Amsterdam, Donohue, and Mountain may maintain their claims as brought in the #36 Amended Complaint in this action, and the court will rule on defendant Core-Mark's #53 motion to dismiss. Once the new cases have been initiated, plaintiffs shall file a notice of voluntary dismissal that dismisses all claims in this action brought against all defendants but Core-Mark, such that Amsterdam, Donohue, and Mountain are the only remaining plaintiffs in this case, and Core-Mark is the only remaining defendant.The parties shall comply with this order by opening the new cases and by submission of a joint status letter informing the court of their progress no later than April 12, 2019. Ordered by Judge Kiyo A. Matsumoto on 4/3/2019. (Mazzurco, Vincent)
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| Filing 60 Letter to The Honorable Kiyo A. Matsumoto by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp. (Fox, Randall) |
| Filing 59 MEMORANDUM in Opposition re #57 Motion to Dismiss for Failure to State a Claim filed by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp.. (Attachments: #1 Proposed Order, #2 Affidavit of Service) (Fox, Randall) |
| Filing 58 REPLY in Support re #57 Motion to Dismiss for Failure to State a Claim filed by Plainfield Tobacco and Candy Co., Inc.. (Attachments: #1 Affidavit of Service) (Brauth, Marvin) |
| Filing 57 Motion to Dismiss for Failure to State a Claim by Plainfield Tobacco and Candy Co., Inc.. (Attachments: #1 Transmittal, #2 Proposed Order, #3 Affidavit of Service) (Brauth, Marvin) |
| Filing 56 AFFIDAVIT/AFFIRMATION re #55 Memorandum in Opposition, to Defendant Core-Mark Midcontinent, Inc.'s Motion to Dismiss Plaintiffs' Amended Complaint by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp. (Attachments: #1 Exhibit A, #2 Exhibit B) (Fox, Randall) |
| Filing 55 MEMORANDUM in Opposition re #53 Motion to Dismiss for Failure to State a Claim filed by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp.. (Attachments: #1 Proposed Order, #2 Affidavit of Service) (Fox, Randall) |
| Filing 54 REPLY in Support re #53 Motion to Dismiss for Failure to State a Claim filed by Core-Mark Midcontinent, Inc.. (Nathan, Steven) |
| Filing 53 Motion to Dismiss for Failure to State a Claim by Core-Mark Midcontinent, Inc.. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Nathan, Steven) |
| Filing 52 Letter to The Honorable Kiyo A. Matsumoto by Core-Mark Midcontinent, Inc. (Nathan, Steven) |
| Filing 51 MEMORANDUM in Opposition re #46 MOTION to Sever and Dismiss filed by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp.. (Attachments: #1 Proposed Order, #2 Affidavit of Service) (Fox, Randall) |
| Filing 50 MEMORANDUM in Opposition re #46 MOTION to Sever and Dismiss filed by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp.. (Attachments: #1 Proposed Order, #2 Affidavit of Service) (Fox, Randall) |
| Filing 49 AFFIDAVIT/AFFIRMATION re #48 Memorandum in Opposition, by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp. (Attachments: #1 Exhibit A, #2 Exhibit B) (Fox, Randall) |
| Filing 48 MEMORANDUM in Opposition re #41 Motion to Dismiss for Failure to State a Claim filed by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp.. (Attachments: #1 Proposed Order, #2 Affidavit of Service) (Fox, Randall) |
| Filing 47 REPLY to Response to Motion re #46 MOTION to Sever and Dismiss filed by Plainfield Tobacco and Candy Co., Inc.. (Attachments: #1 Affidavit of Service) (Brauth, Marvin) |
| Filing 46 MOTION to Sever and Dismiss by Plainfield Tobacco and Candy Co., Inc.. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Affidavit of Service, #4 Transmittal) (Brauth, Marvin) |
| Filing 45 AFFIDAVIT/DECLARATION in Support re #41 Motion to Dismiss for Failure to State a Claim in further support of Consumer's Motion to Dismiss filed by Consumer Product Distributors, Inc.. (Attachments: #1 Exhibit, #2 Exhibit) (Koshgarian, Robert) |
| Filing 44 REPLY in Support re #41 Motion to Dismiss for Failure to State a Claim filed by Consumer Product Distributors, Inc.. (Koshgarian, Robert) |
| Filing 43 AFFIDAVIT/DECLARATION in Support re #41 Motion to Dismiss for Failure to State a Claim filed by Consumer Product Distributors, Inc.. (Attachments: #1 Exhibit) (Koshgarian, Robert) |
| Filing 42 MEMORANDUM in Support re #41 Motion to Dismiss for Failure to State a Claim filed by Consumer Product Distributors, Inc.. (Koshgarian, Robert) |
| Filing 41 Motion to Dismiss for Failure to State a Claim by Consumer Product Distributors, Inc.. (Koshgarian, Robert) |
| Filing 40 STIPULATION and [Proposed] Order Regarding Severance by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp. (Fox, Randall) |
| Filing 39 NOTICE of Voluntary Dismissal by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp. (Fox, Randall) |
| Filing 38 AMENDED COMPLAINT against Plainfield Tobacco and Candy Co., Inc. D/B/A Resnick Distributors against Consumer Product Distributors, Inc., Core-Mark Midcontinent, Inc., Harold Levinson Associates, LLC, McLane/Eastern, Inc., McLane/Midwest, Inc., Plainfield Tobacco and Candy Co., Inc., filed by Kingston Candy & Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Amsterdam Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp.. (Fox, Randall) This document has been striken from the record by Judge Matsumoto's Order dated 5/1/19. Modified on 5/6/2019 (Galeano, Sonia). |
| Filing 37 AMENDED COMPLAINT against Consumer Product Distributors, Inc. D/B/A J. Polep Distribution Services against Consumer Product Distributors, Inc., Core-Mark Midcontinent, Inc., Harold Levinson Associates, LLC, McLane/Eastern, Inc., McLane/Midwest, Inc., Plainfield Tobacco and Candy Co., Inc., filed by Kingston Candy & Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Amsterdam Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp.. (Fox, Randall) This document has been striken from the record by Order of Judge Matsumoto dated 5/1/19. Modified on 5/6/2019 (Galeano, Sonia). |
| Filing 36 AMENDED COMPLAINT against Core-Mark Midcontinent, Inc. against Consumer Product Distributors, Inc., Core-Mark Midcontinent, Inc., Harold Levinson Associates, LLC, McLane/Eastern, Inc., McLane/Midwest, Inc., Plainfield Tobacco and Candy Co., Inc., filed by Kingston Candy & Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Amsterdam Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp.. (Fox, Randall) |
| Filing 35 NOTICE of Appearance by Anthony Epifanio Maneiro on behalf of Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp. (aty to be noticed) (Maneiro, Anthony) |
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Filing 34
ORDER re: Severance and Remand, That (1) Plaintiffs' claims against HLA are hereby severed from Plaintiffs' claims against the Removing Defendants pursuant to Rule 21 of the Federal Rules of Civil Procedure and are remanded to NY Supreme Court; and (2) The Removing Defendants and HLA will in good faith and to the extent practicable coordinate their discovery against Plaintiffs in the federal and state court proceedings to avoid duplication. Otherwise, nothing in the foregoing sentence is intended to limit the Removing Defendants' rights under the Federal Rules of Civil Procedure or HLA's rights under the New York Civil Practice Law & Rules including, without limitation, Defendants' right toseparately serve written discovery. (Ordered by Judge Kiyo A. Matsumoto on undated) (Galeano, Sonia)
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| Filing 33 NOTICE of Appearance by Robert J Koshgarian on behalf of Consumer Product Distributors, Inc. (aty to be noticed) (Koshgarian, Robert) |
| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 5/30/2018. Appearance for plaintiff, Randall Fox, Esq.; for defendant Core-Mark Midcontinent, Inc., Scott Martin, Esq. and Steven Nathan, Esq; for defendants McLane/Eastern, Inc. and McLane/Midwest, Inc., Breon Peace, Esq. and David Wagner, Esq.; for defendant Plainfield Tobacco and Candy Co., Inc., Marvin Brauth, Esq.; for defendant Consumer Product Distributors, Inc., Robert Koshgarian, Esq. and Mary Connelly, Esq. The parties discussed defendants' anticipated motions to dismiss and motions to sever. Plaintiff is ordered to submit any amendments to its complaint by July 2, 2018. The parties shall adhere to the following briefing schedule for the motions to dismiss: defendants shall serve but not file their motions to dismiss by July 23, 2018; plaintiff shall serve but not file its opposition papers by August 23, 2018; reply papers are due by September 7, 2018. In accordance with chambers' practices, parties shall file the motion papers via ECF, in sequential order when the motion is fully briefed. Parties shall, within two business days of filing the motions papers, provide chambers with two courtesy copies of the motions papers. (Abugo, Uzezi) |
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ORDER: In light of the 5/30/2018 pre motion conference before Judge Matsumoto, the 6/7/2018 initial conference before Magistrate Vera M. Scanlon is adjourned sine die. Ordered by Magistrate Judge Vera M. Scanlon on 5/30/2018. (Quinlan, Krista)
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| Filing 32 NOTICE of Appearance by Steven C. Callahan on behalf of McLane/Eastern, Inc., McLane/Midwest, Inc. (notification declined or already on case) (Callahan, Steven) |
| Filing 31 NOTICE of Appearance by Brett M. Charhon on behalf of McLane/Eastern, Inc., McLane/Midwest, Inc. (notification declined or already on case) (Charhon, Brett) |
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ORDER granting #7 & #8 Motions for Leave to Appear Pro Hac Vice. The attorneys shall register for ECF, registration is available online at the NYED's homepage. Once registered, the attorneys shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Vera M. Scanlon on 5/18/2018. (Pearce, Jessica)
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ORDER granting consent #30 Motion to Adjourn Conference. At the request of the parties, the 5/2/2018 Initial Conference is rescheduled to 6/7/2018 at 3:15 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The Parties are to refer to #15 and must file the joint proposed scheduling order by 6/1/2018. Ordered by Magistrate Judge Vera M. Scanlon on 4/24/2018. (Quinlan, Krista)
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| Filing 30 Letter MOTION to Adjourn Conference , dated April 23, 2018, from Breon S. Peace to Magistrate Judge Scanlon, by McLane/Eastern, Inc., McLane/Midwest, Inc.. (Peace, Breon) |
| Filing 29 REPLY in Opposition re: #27 Letter Motion for Pre-Motion Conference filed by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp.. (Fox, Randall) |
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ORDER granting defendants' motions for a pre-motion conference. The court will hold a telephonic pre-motion conference at 10:00 AM on May 30, 2018. Counsel for defendants shall coordinate a conference call between the parties and shall dial in to (718)613-2180 when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 4/11/2018. (Tata, Vivek)
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| Filing 28 Letter MOTION for pre motion conference by Consumer Product Distributors, Inc.. (Feigenbaum, Paul) |
| Filing 27 Letter MOTION for pre motion conference , dated April 9, 2018, from Breon S. Peace to Judge Matsumoto, by McLane/Eastern, Inc., McLane/Midwest, Inc.. (Peace, Breon) |
| Filing 26 Letter MOTION for pre motion conference by Core-Mark Midcontinent, Inc.. (Nathan, Steven) |
| Filing 25 RESPONSE in Opposition re #24 Letter MOTION for pre motion conference as to proposed motion to sever, dismiss and for a more definite statement filed by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp.. (Fox, Randall) |
| Filing 24 Letter MOTION for pre motion conference as to proposed motion to sever, dismiss and for a more definite statement by Plainfield Tobacco and Candy Co., Inc.. (Brauth, Marvin) |
| Filing 23 NOTICE of Appearance by Marvin Jeffrey Brauth on behalf of Plainfield Tobacco and Candy Co., Inc. (notification declined or already on case) (Brauth, Marvin) |
| Filing 22 Corporate Disclosure Statement by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp. (Fox, Randall) |
| Filing 21 NOTICE of Appearance by Randall Matthew Fox on behalf of Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp. (notification declined or already on case) (Fox, Randall) |
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Filing 20
STIPULATION and Order Regarding Severance and Remand by Amsterdam Tobacco Co., Inc., Donohue Candy and Tobacco Co., Inc., Kingston Candy & Tobacco Co., Inc., Mountain Candy & Cigar Co., Inc., Sunrise Candy & Tobacco Corp. (Fox, Randall)
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| Filing 19 NOTICE of Appearance by James Edward Tonrey, Jr on behalf of Plainfield Tobacco and Candy Co., Inc. (aty to be noticed) (Tonrey, James) |
| Filing 18 NOTICE of Appearance by Steven M. Nathan on behalf of Core-Mark Midcontinent, Inc. (aty to be noticed) (Nathan, Steven) |
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ORDER finding as moot #16 Motion for Extension of Time to Answer. Ordered by Magistrate Judge Vera M. Scanlon on 3/14/2018. (Quinlan, Krista)
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| Filing 17 Letter requesting permission to withdraw Letter Motion for Extension of Time to File Answer, ECF N0 #16 , dated March 13, 2018, by McLane/Eastern, Inc., McLane/Midwest, Inc. (Peace, Breon) |
| Filing 16 Letter MOTION for Extension of Time to File Answer to the Complaint on behalf of Defendants, with consent of Plaintiff's counsel, dated March 13, 2018, by McLane/Eastern, Inc., McLane/Midwest, Inc.. (Peace, Breon) |
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Filing 15
SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 5/2/2018 at 11:00 AM before Magistrate Judge Scanlon in Courtroom 13A South. Plaintiffs' counsel is directed to confirm with Defendants' counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 4/26/2018. Defendants' deadline to answer the Complaint or otherwise move is extended to 4/9/2018. Ordered by Magistrate Judge Vera M. Scanlon on 3/13/2018. (Quinlan, Krista)
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Vera M. Scanlon for all further proceedings. Magistrate Judge Cheryl L. Pollak no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.. Ordered by Chief Judge Dora Lizette Irizarry on 3/12/2018. (Davis, Kimberly)
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| Filing 14 CERTIFICATE OF SERVICE by McLane/Eastern, Inc., McLane/Midwest, Inc. re #1 Notice of Removal, #2 Corporate Disclosure Statement (Peace, Breon) |
| Filing 13 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 12 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 11 CERTIFICATE OF SERVICE by Consumer Product Distributors, Inc. d/b/a/ J. Polep Distribution Services of Notice of Removal and Rule 7.1 Statement (Attachments: #1 Certificate of Service) (Feigenbaum, Paul) |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 10 NOTICE by Plainfield Tobacco and Candy Co., Inc. d/b/a Resnick Distributors FRCP Rule 7.1 Statement (Gelber, Darren) |
| Filing 9 NOTICE OF REMOVAL by Plainfield Tobacco and Candy Co., Inc. d/b/a Resnick Distributors from Supreme Court of New York, Kings County, case number 502413/2018. ( Filing fee $ 400 receipt number 0207-10260576) (Gelber, Darren) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice (Steve Callahan) Filing fee $ 150, receipt number 0207-10260281. by McLane/Eastern, Inc., McLane/Midwest, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Callahan, Steven) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice (Brett Charhon) Filing fee $ 150, receipt number 0207-10260157. by McLane/Eastern, Inc., McLane/Midwest, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Charhon, Brett) |
| Filing 6 NOTICE by Consumer Product Distributors, Inc. d/b/a/ J. Polep Distribution Services Rule 7.1 Notice (Feigenbaum, Paul) |
| Filing 5 NOTICE OF REMOVAL by Consumer Product Distributors, Inc. d/b/a/ J. Polep Distribution Services from Supreme Court, Kings County, case number 502413/2018. ( Filing fee $ 400 receipt number 0207-10259378) (Feigenbaum, Paul) |
| Filing 4 Corporate Disclosure Statement by Core-Mark Midcontinent, Inc. identifying Corporate Parent Core-Mark Holding Company, Inc. for Core-Mark Midcontinent, Inc.. (Martin, Scott) |
| Filing 3 NOTICE OF REMOVAL by Core-Mark Midcontinent, Inc. Notice of Removal and Joinder in McLane's Notice of Removal from Supreme Court of the State of New York County of Kings, case number 502413/2018. ( Filing fee $ 400 receipt number 0207-10259150) (Attachments: #1 Certificate of Service) (Martin, Scott) |
| Filing 2 Corporate Disclosure Statement by McLane/Eastern, Inc., McLane/Midwest, Inc. identifying Corporate Parent McLane Company, Inc., Other Affiliate Berkshire Hathaway Inc. for McLane/Eastern, Inc., McLane/Midwest, Inc.. (Peace, Breon) |
| Filing 1 NOTICE OF REMOVAL by McLane/Eastern, Inc., McLane/Midwest, Inc. , dated March 8, 2018 from Kings County Supreme Court, case number 502413/2018. ( Filing fee $ 400 receipt number 0207-10257767) (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (Peace, Breon) |
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