City of New York v. Artisan Vapor Franchise LLC et al
| City of New York |
| International Vapor Group, LLC, Lead By Sales, LLC, Central Vapors LLC, Vapor 4 Life Holdings, Inc., Heather's Heavenly Vapes, LLC, E-Cig City 4, Eliquidstop.com, JP Ventures LLC, Humble Juice Co. LLC, E-cigarette Empire LLC, Inline Vape, LLC, The Vape Mall LLC, E-Cig City Mission Viejo LLC, Uvaper LLC, Vapor Authority, Inc., TheSY, LLC, Artisan Vapor Franchise LLC, Om Vapor, LLC, VaporFi, Inc., VGOD Inc, Vaping Watch Inc, CravinVapes LLC, Veppo International LLC and ZampleBox, LLC |
| 1:2019cv05693 |
| October 8, 2019 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| Ramon E Reyes |
| Tort Product Liability |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| Plaintiff |
Docket Report
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| Filing 124 CERTIFICATE OF SERVICE by City of New York re #122 Order Adopting Report and Recommendations,,, Order on Motion for Default Judgment,,, Order on Report and Recommendations,, #121 REPORT AND RECOMMENDATIONS re #99 Notice of MOTION for Default Judgment against Vaping Watch Inc filed by City of New York, #123 Clerk's Judgment,,,, (Friedrich, Krista) |
| Filing 123 CLERK'S JUDGMENT: It is ORDERED and ADJUDGED that the City's motion for default judgment against Vaping Watch Inc is granted; that defendant Vaping Watch Inc is hereby permanently enjoined from: 1) Engaging in conduct that violates New York City Administrative Code 17- 706(a-1); 2) Shipping or causing to be shipped any electronic cigarette as defined in New York City Administrative Code 17-702(bb) to any address located within the City of New York without first verifying that the recipient is at least twenty- one years of age through an independent, third-party age and identity verification service that compares customer information against reliable data, such as public records; 3) Shipping or causing to be shipped any electronic cigarette as defined in New York City Administrative Code 17-702(bb) to any address located within the City of New York without requiring a signature from someone at least twenty-one years of age at the point of delivery; (see judgment for details). Signed by Jalitza Poveda, on behalf of Douglas C. Palmer, Clerk of Court on 11/25/2020. (Fernandez, Erica) |
Filing 122
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the record and, finding no clear error, adopts the R&R. Accordingly, the Court grants the City's motion for default judgment against Vaping Watch Inc and enters its proposed judgment, as altered by Judge Reyes's recommendation in the R&R. The Clerk of Court is respectfully directed to enter judgment accordingly. Ordered by Judge Carol Bagley Amon on 11/23/2020. (fwd for judgment) (Fernandez, Erica)
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Filing 121
REPORT AND RECOMMENDATIONS re #99 Notice of MOTION for Default Judgment against Vaping Watch Inc filed by City of New York. For the reasons set forth above, I respectfully recommend that the Citys Motion for Default Judgment be granted and that its Proposed Judgment be entered with the noted alterations. The City is hereby directed to serve copies of this Report and Recommendation upon Defendant Vaping Watch by regular and certified mail and to file proof of service with the Clerk of the Court. Any objections to the recommendations made in this Report must be filed with the Clerk of the Court and the Honorable Carol B. Amon within fourteen (14) days of receipt hereof. Failure to file timely objections waives the right to appeal the District Courts Order. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72; Small v. Secy of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989). Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/2/2020. (Reyes, Ramon)
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| Filing 120 Letter MOTION to Adjourn Conference sine die by City of New York. (Friedrich, Krista) |
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ORDER granting #120 Motion to Adjourn 8/6/2020 Conference sine die. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/4/2020. (Vertus, Miriam)
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| Filing 119 DECLARATION re #100 Declaration, #99 Notice of MOTION for Default Judgment against Vaping Watch Inc, #101 Memorandum in Support providing supplemental information pursuant to Local Civil Rule 55.2(c) by City of New York (Attachments: #1 Exhibit A) (Friedrich, Krista) |
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Filing 118
CONSENT ORDER granting #115 Motion for Settlement: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against Eliquidstop. All rights of appeal are waived. This Consent Order is final and binding upon MDM Group Inc. and Eliquidstop.com, as well as all successors and assigns. Ordered by Judge Carol Bagley Amon on 5/6/2020. (Fernandez, Erica)
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ORDER granting #117 Motion to Adjourn 5/7/2020 Conference sine die. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/6/2020. (Vertus, Miriam)
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| Filing 117 Letter re: status conference scheduled for May 7, 2020 by City of New York (Friedrich, Krista) ADDED EVENT TYPE Motion to Adjourn Conference Modified on 5/6/2020 (Vertus, Miriam). |
| Filing 116 DECLARATION re #101 Memorandum in Support, #100 Declaration, #99 Notice of MOTION for Default Judgment against Vaping Watch Inc pursuant to Local Civil Rule 55.2(c) by City of New York (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Friedrich, Krista) |
| Filing 115 Letter MOTION for Settlement requesting entry of 1 consent order by City of New York. (Attachments: #1 Proposed Order on consent re: Eliquidstop.com) (Friedrich, Krista) |
| Filing 114 Corporate Disclosure Statement by Eliquidstop.com identifying Corporate Parent MDM Group Inc. for Eliquidstop.com. (Schmelz, Ronie) |
| Filing 113 NOTICE of Appearance by Ronie M Schmelz on behalf of Eliquidstop.com (aty to be noticed) (Schmelz, Ronie) |
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ORDER: The 5/7/2020 in person status conference is converted to a Telephone Conference set for 5/7/2020 at 12:00 PM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the Toll Free Number 1-888-684-8852 and Access Code 5496961# to participate in the scheduled telephone. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/30/2020. (Vertus, Miriam)
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ORDER granting #112 Motion for Extension of Time to File Motion for Default Judgment against Defendant Eliquidstop.com by 5/6/2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/6/2020. (Vertus, Miriam)
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| Filing 112 Letter MOTION for Extension of Time to File Motion for Default Judgment against Defendant Eliquidstop.com by City of New York. (Friedrich, Krista) |
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ORDER: In light of Plaintiff's letter #111 , the oral argument previously scheduled for May 26, 2020 is canceled. Ordered by Judge Carol Bagley Amon on 3/19/2020. (Cohn, Caroline)
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| Filing 111 Letter re: oral argument scheduled for May 26, 2020 by City of New York (Friedrich, Krista) |
| Filing 110 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Eliquidstop.com has failed to appear or otherwise defend this action, the default of defendant Eliquidstop.com is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
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RESCHEDULING ORDER: The oral argument previously scheduled for Thursday, April 9, 2020, is rescheduled to Tuesday, May 26, 2020, at 2:00 PM in Courtroom 10D South before Judge Carol Bagley Amon.So Ordered by Judge Carol Bagley Amon on 3/16/2020. (Phillips, Alice)
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| Filing 109 AFFIDAVIT of Service for Default judgment motion papers (Dkt. Nos. 99-101) via registered agent served on Vaping Watch Inc on 2/28/20, filed by City of New York. (Friedrich, Krista) |
| Filing 108 AFFIDAVIT of Service for Default judgment motion papers (Dkt Nos. 99-101) via certified mail served on Vaping Watch Inc on 2/26/20, filed by City of New York. (Friedrich, Krista) |
| Filing 107 Request for Certificate of Default by City of New York (Attachments: #1 Affidavit in support re: Eliquidstop.com, #2 Exhibit A, #3 Exhibit B, #4 Exhibit proposed Clerk's Certificate of Default) (Friedrich, Krista) |
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Filing 106
Order Dismissing Parties: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against Cm Vapor, LLC. All rights of appeal are waived. This Consent Order is final and binding upon Om Vapor, LLC and its successors and assigns.Ordered by Judge Carol Bagley Amon on 3/2/2020. (Fernandez, Erica)
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Filing 105
ORDER re #104 Motion for Extension of Time to File. It is hereby, ORDERED that the City of New York's time to serve defendant Eliquidstop.com with the Summons and Complaint is extended nunc pro tunc until and including February 3, 2020. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/2/2020. (Vertus, Miriam) (Vertus, Miriam).
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| Filing 104 Letter MOTION for Extension of Time to File requesting Rule 4(m) extension of time to serve defendant Eliquidstop.com by City of New York. (Attachments: #1 Affidavit of Service on defendant Eliquidstop.com, #2 Proposed Order extending time to serve defendant Eliquidstop.com) (Friedrich, Krista) |
| Filing 103 NOTICE of Appearance by Michael Wayne Goldstein on behalf of Om Vapor, LLC (aty to be noticed) (Goldstein, Michael) |
| Filing 102 Letter Enclosing Default Judgment Motion Papers for Service Upon Vaping Watch Inc by City of New York (Friedrich, Krista) |
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ORDER REFERRING MOTION: #99 Notice of MOTION for Default Judgment is referred to the Honorable Ramon E. Reyes, Jr., United States Magistrate Judge, for report and recommendation. So Ordered by Judge Carol Bagley Amon on 2/26/2020. (Phillips, Alice)
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| Filing 101 MEMORANDUM in Support re #99 Notice of MOTION for Default Judgment against Vaping Watch Inc filed by City of New York. (Attachments: #1 Proposed Judgment against Vaping Watch Inc) (Friedrich, Krista) |
| Filing 100 DECLARATION in Support of Motion for Default Judgment against Vaping Watch Inc by City of New York (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Friedrich, Krista) |
| Filing 99 Notice of MOTION for Default Judgment against Vaping Watch Inc by City of New York. (Friedrich, Krista) |
| Filing 98 Letter MOTION for Settlement requesting entry of 1 consent order by City of New York. (Attachments: #1 Proposed Order on consent re: Om Vapor, LLC) (Friedrich, Krista) |
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Filing 97
Consent Order: Upon the Court's entiy of the Consent Order, this Action is dismissed with prejudice as against Humble Juice Co. LLC. All rights of appeal are waived. This Consent Order is final and binding upon Humble Juice Co. LLC, its successors and assigns. Ordered by Judge Carol Bagley Amon on 2/24/2020. (Fernandez, Erica)
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Filing 96
Consent Order: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against Veppo International LLC. All rights of appeal are waived. This Consent Order is final and binding upon Veppo International LLC, its successors and assigns. Ordered by Judge Carol Bagley Amon on 2/24/2020. (Fernandez, Erica)
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Filing 95
Consent Order: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against E-Cigarette Empire LLC. All rights of appeal are waived. This Consent Order is final and binding upon E-Cigarette Empire LLC, its successors and assigns. Ordered by Judge Carol Bagley Amon on 2/25/2020. (Fernandez, Erica)
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| Filing 94 Letter MOTION for Extension of Time to Complete Discovery seeking adjournment of deadline for Rule 26(a)(1) disclosures by City of New York. (Friedrich, Krista) |
| Filing 93 Letter MOTION for Settlement requesting entry of 3 consent orders by City of New York. (Attachments: #1 Proposed Order on consent re: E-Cigarette Empire LLC, #2 Proposed Order on consent re: Veppo International LLC, #3 Proposed Order on consent re: Humble Juice Co. LLC) (Friedrich, Krista) |
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ORDER granting #94 Motion for Extension of Time to Complete Discovery: seeking adjournment of deadline for Rule 26(a)(1) disclosures to 3/26/2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/24/2020. (Vertus, Miriam)
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| Filing 92 NOTICE of Appearance by Jordan Fletcher on behalf of E-cigarette Empire LLC (aty to be noticed) (Fletcher, Jordan) |
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ORDER terminating #55 Motion for Settlement Ordered by Judge Carol Bagley Amon on 2/18/2020. (Phillips, Alice)
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ORDER terminating #21 Motion for Settlement Ordered by Judge Carol Bagley Amon on 2/18/2020. (Phillips, Alice)
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ORDER terminating #79 Motion for Settlement Ordered by Judge Carol Bagley Amon on 2/18/2020. (Phillips, Alice)
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ORDER terminating #85 Motion for Settlement Ordered by Judge Carol Bagley Amon on 2/18/2020. (Phillips, Alice)
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| Filing 91 Corporate Disclosure Statement by Humble Juice Co. LLC (Hunter, Richard) |
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Filing 90
Consent Order: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against TheSy, LLC. All rights of appeal are waived. This Consent Order is final and binding upon TheSy, LLC and its successors and assigns. Ordered by Judge Carol Bagley Amon on 2/7/2020. (Fernandez, Erica)
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Filing 89
Consent Order: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against The Vape Mall. All rights of appeal are waived. This Consent Order is final and binding upon The Vape Mall, itssuccessors and assigns. Ordered by Judge Carol Bagley Amon on 2/6/2020. (Fernandez, Erica)
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Filing 88
Consent Order: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against Vapor Authority, Inc. All rights of appeal are waived. This Consent Order is final and binding upon Vapor Authority, Inc. and its successors and assigns. Ordered by Judge Carol Bagley Amon on 2/6/2020. (Fernandez, Erica)
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Filing 87
Consent Order: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against Vapor 4 Life Holdings, Inc. All rights of appeal are waived. This Consent Order is final and binding upon Vapor 4 Life Holdings, Inc. and its successors and assigns. Ordered by Judge Carol Bagley Amon on 2/6/2020. (Fernandez, Erica)
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| Filing 86 TRANSCRIPT of Proceedings held on January 29, 2020, before Judge Reyes. Court Transcriber: Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/28/2020. Redacted Transcript Deadline set for 3/9/2020. Release of Transcript Restriction set for 5/7/2020. (Rocco, Christine) |
| Filing 85 Letter MOTION for Settlement requesting entry of 4 consent orders by City of New York. (Attachments: #1 Proposed Order on consent re: TheSy, LLC, #2 Proposed Order on consent re: Vapor 4 Life Holdings, Inc., #3 Proposed Order on consent re: Vapor Authority, Inc., #4 Proposed Order on consent re: The Vape Mall LLC) (Friedrich, Krista) |
| Filing 84 NOTICE of Appearance by Brian Keahi Steinwascher on behalf of The Vape Mall LLC (aty to be noticed) (Steinwascher, Brian) |
| Filing 83 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Vaping Watch Inc has failed to appear or otherwise defend this action, the default of defendant Vaping Watch Inc is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 82 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Om Vapor, LLC has failed to appear or otherwise defend this action, the default of defendant Om Vapor, LLC is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
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Filing 81
Consent Order: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against Artisan. All rights of appeal are waived.This Consent Order is final and binding upon Artisan, its successors and assigns. Ordered by Judge Carol Bagley Amon on 2/3/2020. (Fernandez, Erica)
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| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Initial Conference Hearing held on 1/29/2020. Case called. Appearances: Plaintiff represented by Krista Friedrich, Esq., and Sabita Lakshmi Krishnan, Esq. Defendants TheSY, LLC, Vapor 4 Life Holdings, Inc., and Vapor Authority, Inc. represented by Brian K. Steinwascher, Esq. Defendants Humble Juice Co. LLC represented by Richard Hunter, Esq. Discussions held on the record. It is hereby ORDERED that Plaintiff file a motion for default judgment within three weeks of entry of default for each of the defendants; oppositions and any motions to vacate entry of default is due two weeks; thereafter, and a reply is due one week after the oppositions. Plaintiff is to serve a copy of this order on the defaulting defendants. The parties' Case Management Statement #67 is approved by the Court. All discovery, including depositions of experts, shall be completed on or before July 29, 2020. Final Pretrial Conference set for 8/6/2020 at 11:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr., Status Conference set for 5/7/2020 at 12:00 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr.(FTR Log #10:30:15 - 1:53:45.)Contact the E.S.R. Dept., at (718) 613-2590 to order the transcript. (Vertus, Miriam) |
| Filing 80 NOTICE of Voluntary Dismissal by City of New York re: E-Cig City Mission Viejo LLC and UVaper LLC (Friedrich, Krista) |
| Filing 79 Letter MOTION for Settlement requesting entry of consent order by City of New York. (Attachments: #1 Proposed Order on consent re: Artisan Vapor Franchise LLC) (Friedrich, Krista) |
| Filing 78 NOTICE of Appearance by Phil Daman on behalf of Artisan Vapor Franchise LLC, Veppo International LLC (aty to be noticed) (Daman, Phil) |
| Filing 77 Request for Certificate of Default by City of New York (Attachments: #1 Affidavit in Support re: Vaping Watch Inc, #2 Exhibit A, #3 Exhibit B, #4 Exhibit proposed Clerk's Certificate of Default) (Friedrich, Krista) |
| Filing 76 Request for Certificate of Default by City of New York (Attachments: #1 Affidavit in Support re: Om Vapor, LLC, #2 Exhibit A, #3 Exhibit B, #4 Exhibit proposed Clerk's Certificate of Default) (Friedrich, Krista) |
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Filing 75
Consent Order: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against Zamplebox. All rights of appeal are waived.This Consent Order is final and binding upon Zamplebox, its successors and assigns. Ordered by Judge Carol Bagley Amon on 1/24/2020. (Fernandez, Erica)
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Filing 74
Consent Order: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against Central. All rights of appeal are waived.This Consent Order is final and binding upon Central, its successors andassigns. Ordered by Judge Carol Bagley Amon on 1/24/2020. (Fernandez, Erica)
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Filing 73
Consent Order: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against E-Cig City 4. All rights of appeal are waived. This Consent Order is final and binding upon E-Cig City 4, its successors and assigns. Ordered by Judge Carol Bagley Amon on 1/24/2020. (Fernandez, Erica)
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| Filing 72 Letter MOTION for Settlement requesting entry of 3 consent orders by City of New York. (Attachments: #1 Proposed Order on consent re: E-Cig City 4, #2 Proposed Order on consent re: Central Vapors LLC, #3 Proposed Order on consent re: ZampleBox, LLC) (Friedrich, Krista) |
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SCHEDULING ORDER: The briefing schedule for the planned motions to dismiss by defendants Vapor Authority, Inc., The Sy, LLC, and Vapor 4 Life Holdings, Inc., shall be as follows: the defendants' motions to dismiss are due no later than February 7, 2020; plaintiff's oppositions are due no later than February 26, 2020; defendants' replies, if any, are due March 4, 2020. The motions shall be filed on ECF in accordance with this Court's Individual Rule 3(D). Oral argument will be held on these motions on April 9, 2020, at 3:00 PM in Courtroom 10D South before Judge Carol Bagley Amon. So Ordered by Judge Carol Bagley Amon on 1/23/2020. (Phillips, Alice)
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| Filing 71 Letter Joint Letter to Hon. Carol Bagley Amon re Proposed Briefing Schedule for Motion to Dismiss by TheSY, LLC, Vapor 4 Life Holdings, Inc., Vapor Authority, Inc. (Heyer, Eric) |
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Filing 70
Consent Order: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against Inline Vape, LLC. All rights of appeal are waived. This Consent Order is final and binding upon Inline Vape, LLC, itssuccessors and assigns.Ordered by Judge Carol Bagley Amon on 1/15/2020. (Fernandez, Erica)
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Filing 69
Consent Order: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against International Vapor Group LLC and VaporFi, Inc. All rights of appeal are waived. This Consent Order is final and binding upon International Vapor Group, LLC and Vaporfi, Inc. as well as all successors and assigns. Ordered by Judge Carol Bagley Amon on 1/15/2020. (Fernandez, Erica)
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| Filing 68 Letter MOTION for Settlement requesting entry of 2 consent orders by City of New York. (Attachments: #1 Proposed Order on consent re: International Vapor Group, LLC/VaporFi, Inc., #2 Proposed Order on consent re: Inline Vape, LLC) (Friedrich, Krista) |
| Filing 67 CASE MANAGEMENT STATEMENT (Friedrich, Krista) |
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Filing 66
Consent Order: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against VGOD. All rights of appeal are waived. This Consent Order is final and binding upon VGOD, its successors and assigns. Party VGOD terminated.Ordered by Judge Carol Bagley Amon on 1/10/2020. (Fernandez, Erica)
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| Filing 65 Corporate Disclosure Statement by Inline Vape, LLC (Venaglia, Peter) |
| Filing 64 NOTICE of Appearance by Peter J. Venaglia on behalf of Inline Vape, LLC (aty to be noticed) (Venaglia, Peter) |
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Filing 63
Consent Order: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against Heather's Heavenly Vapes, LLC. All rights of appeal are waived. This Consent Order is final and binding upon Heather's Heavenly Vapes, LLC, its successors and assigns. Party Heather's Heavenly Vapes, LLC terminated.Ordered by Judge Carol Bagley Amon on 1/8/2020. (Fernandez, Erica)
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Filing 62
Consent Order: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against CravinVapes LLC. All rights of appeal are waived. This Consent Order is final and binding upon CravinVapes LLC, itssuccessors and assigns. Party CravinVapes LLC terminated.Ordered by Judge Carol Bagley Amon on 1/8/2020. (Fernandez, Erica)
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Filing 61
Consent Order: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against Lead By Sales, LLC. All rights of appeal are waived. This Consent Order is final and binding upon Lead By Sales, LLC, itssuccessors and assigns. Party Lead By Sales, LLC terminated.Ordered by Judge Carol Bagley Amon on 1/8/2020. (Fernandez, Erica)
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Filing 60
Consent Order: Upon the Court's entry of the Consent Order, this Action is dismissed with prejudice as against JP Ventures. All rights of appeal are waived. Party JP Ventures LLC terminated.Ordered by Judge Carol Bagley Amon on 1/8/2020. (Fernandez, Erica)
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| MINUTE ENTRY: A pre-motion conference on the proposed motion to dismiss by defendants Vapor4Life, Vapor Authority, and Element Vape was held on 1/8/2020 before Judge Carol Bagley Amon. These defendants and the plaintiff are directed to update the Court via joint letter no later than Wednesday, January 22, 2020, either informing the Court that they have reached an agreement or proposing a briefing schedule for the motion to dismiss, for Court approval. (Court Reporter Sophie Nolan.) (Phillips, Alice) |
| Filing 59 STIPULATION extending the time within which to answer the complaint by E-Cig City 4 (Hiller, Michael) |
| Filing 58 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12226374. by Central Vapors LLC, ZampleBox, LLC. (Attachments: #1 Affidavit of Manesh K. Rath in Support of Motion to Admit Counsel Pro Hac Vice, #2 Virginia Certificate of Good Standing, #3 District of Columbia Certificate of Good Standing, #4 Proposed Order) (Rath, Manesh) |
| Filing 57 NOTICE of Appearance by Tsedey A. Bogale on behalf of Central Vapors LLC, ZampleBox, LLC (aty to be noticed) (Bogale, Tsedey) |
| Filing 56 Corporate Disclosure Statement by JP Ventures LLC (Peerce, Marjorie) |
| Filing 55 Letter MOTION for Settlement requesting entry of 5 consent orders by City of New York. (Attachments: #1 Proposed Order on Consent re: Heather's Heavenly Vapes, LLC, #2 Proposed Order on Consent re: CravinVapes LLC, #3 Proposed Order on Consent re: Lead By Sales, LLC, #4 Proposed Order on Consent re: JP Ventures LLC, #5 Proposed Order on Consent re: VGOD Inc.) (Friedrich, Krista) |
| Filing 54 NOTICE of Appearance by Marjorie J. Peerce on behalf of JP Ventures LLC (aty to be noticed) (Peerce, Marjorie) |
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ORDER granting #58 Motion for Manesh K. Rath Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/7/2020. (Vertus, Miriam)
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ORDER TO ANSWER re #59 Stipulation filed by E-Cig City 4. Defendant E-Cig City 4 Answer is due 1/14/2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/7/2020. (Vertus, Miriam)
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| Filing 53 SUMMONS Returned Executed by City of New York. Veppo International LLC served on 12/5/2019, answer due 12/26/2019. (Friedrich, Krista) |
| Filing 52 Letter response to pre-motion conference request (Dkt. no. 33) by City of New York (Friedrich, Krista) |
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ORDER granting #51 Motion for Joseph Andrew Smith Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/23/2019. (Vertus, Miriam)
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ORDER granting #33 Motion for Pre Motion Conference: A pre-motion conference on the motion to dismiss proposed by defendants Vapor4Life Holdings, Inc., Vapor Authority, Inc., and TheSY, LLC, d/b/a Element Vape, will be held on Wednesday, January 8, 2020, at 3:00 PM in Courtroom 10D South before Judge Carol Bagley Amon. So Ordered by Judge Carol Bagley Amon on 12/23/2019. (Phillips, Alice)
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| MINUTE ENTRY: A hearing on the proposed consent orders at #21 was held before Judge Carol Bagley Amon on 12/23/2019. Appearances: for plaintiff - Krista Friedrich; for defendants CravinVapes and Heather's Heavenly Vapes - Phil Daman. The City will be be submitting updated proposed consent orders to the Court. (Court Reporter Linda Danelczyk.) (Phillips, Alice) |
| Filing 51 MOTION to Appear Pro Hac Vice of Joseph A. Smith Filing fee $ 150, receipt number ANYEDC-12180788. by TheSY, LLC, Vapor 4 Life Holdings, Inc., Vapor Authority, Inc.. (Attachments: #1 Affidavit of Joseph A. Smith, #2 Exhibit A (Certificate of Good Standing), #3 Proposed Order) (Smith, Joseph) |
| Filing 50 Letter seeking permisson to appear telephonically on 12/23/2019 by CravinVapes LLC, Heather's Heavenly Vapes, LLC (Daman, Phil) |
| Filing 49 STIPULATION re: Extension of time to file Answer by E-Cig City 4 (Hiller, Michael) |
| Filing 48 MOTION for Extension of Time to File Answer re #1 Complaint, by VGOD Inc. (Venaglia, Peter) |
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ORDER granting #48 Motion for Extension of Time to Answer. VGOD Inc answer due by 1/7/2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 12/20/2019. (Several, Emily)
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ORDER granting #49 Motion for Extension of Time to Answer. E-Cig City 4 answer due by 1/7/2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 12/20/2019. (Several, Emily)
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ORDER granting request in letter #50 to appear by telephone. Mr. Daman is directed to advise the Court of the telephone number at which he can be directly reached at the time of the 12/23/2019 conference. So Ordered by Judge Carol Bagley Amon on 12/20/2019. (Phillips, Alice)
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| Filing 47 NOTICE of Appearance by Phil Daman on behalf of CravinVapes LLC, Heather's Heavenly Vapes, LLC (notification declined or already on case) (Daman, Phil) |
| Filing 46 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12175452. by CravinVapes LLC, Heather's Heavenly Vapes, LLC. (Attachments: #1 Exhibit Certificates of Good Standing) (Daman, Phil) |
| Filing 45 NOTICE: Blank Case Management Statement attached. (Several, Emily) |
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ORDER granting #46 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/19/2019. (Reyes, Ramon)
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ORDER granting #41 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/19/2019. (Reyes, Ramon)
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Initial Conference set for 1/29/2020 at 10:30 AM before Magistrate Judge Ramon E. Reyes, Jr., in Courtroom 2E North located in the United States Eastern District of New York Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. All counsel are required to attend, and Plaintiff's counsel is directed to ensure that all counsel are aware of their obligation to appear. 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. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document.) Case Management Statement must be completed and filed on ECF no later than 1/22/2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 12/19/2019. (Several, Emily)
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| Filing 44 Corporate Disclosure Statement by VGOD Inc (Venaglia, Peter) |
| Filing 43 NOTICE of Appearance by James Cody Fitzsimmons on behalf of VGOD Inc (aty to be noticed) (Fitzsimmons, James) |
| Filing 42 NOTICE of Appearance by Frank J. Monteleone on behalf of Lead By Sales, LLC (aty to be noticed) (Monteleone, Frank) |
| Filing 41 MOTION to Appear Pro Hac Vice of Eric N. Heyer Filing fee $ 150, receipt number ANYEDC-12168699. by TheSY, LLC, Vapor 4 Life Holdings, Inc., Vapor Authority, Inc.. (Attachments: #1 Affidavit of Eric N. Heyer, #2 Exhibit A (Certificate of Good Standing), #3 Proposed Order) (Heyer, Eric) |
| Filing 40 NOTICE of Appearance by Peter J. Venaglia on behalf of VGOD Inc (aty to be noticed) (Venaglia, Peter) |
| Filing 39 SUMMONS Returned Executed by City of New York. VGOD Inc served on 12/4/2019, answer due 12/25/2019. (Friedrich, Krista) |
| Filing 38 ANSWER to #1 Complaint, by Vapor 4 Life Holdings, Inc.. (Steinwascher, Brian) |
| Filing 37 ANSWER to #1 Complaint, by Vapor Authority, Inc.. (Steinwascher, Brian) |
| Filing 36 ANSWER to #1 Complaint, by TheSY, LLC. (Steinwascher, Brian) |
| Filing 35 ANSWER to #1 Complaint, by Humble Juice Co. LLC. (Hunter, Richard) |
| Filing 34 STIPULATION Extending the Time to Answer the Complaint by E-Cig City 4 (Hiller, Michael) |
| Filing 33 Letter MOTION for pre motion conference by TheSY, LLC, Vapor 4 Life Holdings, Inc., Vapor Authority, Inc.. (Steinwascher, Brian) |
| Filing 32 SUMMONS Returned Executed by City of New York. Om Vapor, LLC served on 12/6/2019, answer due 12/27/2019. (Friedrich, Krista) |
| Filing 31 SUMMONS Returned Executed by City of New York. Vaping Watch Inc served on 12/4/2019, answer due 12/25/2019. (Friedrich, Krista) |
| Filing 30 STIPULATION re #1 Complaint, Extending Time to Answer by International Vapor Group, LLC, VaporFi, Inc. (Cardozo, Michael) |
| Filing 29 Letter re: Hearing on December 13, 2019 by E-Cig City 4 (Hiller, Michael) |
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SCHEDULING ORDER: In light of the request in letter #29 and on consent of the parties, the hearing previously scheduled for Friday, December 13, 2019, is rescheduled for Monday, December 23, 2019, at 3:00 PM in Courtroom 10D South before Judge Carol Bagley Amon. So Ordered by Judge Carol Bagley Amon on 12/11/2019. (Phillips, Alice)
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ORDER granting #28 Motion for Extension of Time to Answer. Defendants TheSY, LLC, Vapor 4 Life Holdings, Inc., and Vapor Authority, Inc., Answer the Complaint by 12/16/2019. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/9/2019. (Vertus, Miriam)
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SCHEDULING ORDER: Due to a conflict in the Court's calendar, the hearing on the proposed consent orders previously scheduled for Thursday, December 12, 2019, is rescheduled to Friday, December 13, 2019, at 3:00 PM in Courtroom 10D South before Judge Carol Bagley Amon. So Ordered by Judge Carol Bagley Amon on 12/9/2019. (Phillips, Alice)
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| Filing 28 MOTION for Extension of Time to File Answer re #1 Complaint, (Stipulation) by TheSY, LLC, Vapor 4 Life Holdings, Inc., Vapor Authority, Inc.. (Steinwascher, Brian) |
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SCHEDULING ORDER: The hearing previously scheduled for today, December 3, 2019, at 3:00 PM is adjourned in order to give counsel time to file the appropriate Notices of Appearance. It is rescheduled for Thursday, December 12, 2019, at 3:00 PM before Judge Carol Bagley Amon in Courtroom 10D South. So Ordered by Judge Carol Bagley Amon on 12/3/2019. (Phillips, Alice)
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| Filing 27 STIPULATION by E-Cig City 4 (Hiller, Michael) |
| Filing 26 NOTICE of Appearance by Michael Steven Hiller on behalf of E-Cig City 4 (aty to be noticed) (Hiller, Michael) |
| Filing 25 Letter re: Hearing Scheduled for Dec. 3 by City of New York (Friedrich, Krista) |
| Filing 24 NOTICE of Appearance by Richard M. Hunter on behalf of Humble Juice Co. LLC (aty to be noticed) (Hunter, Richard) |
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ORDER re #21 letter motion enclosing proposed consent orders: The City of New York has provided to the Court proposed consent orders on behalf of two defendants, CravinVapes LLC and Heather's Heavenly Vapes, LLC. No counsel has entered a Notice of Appearance on behalf of either of those defendants. Notices of Appearance must be filed before the Court addresses the proposed consent orders at the hearing tomorrow, December 3, at 3:00 PM. So Ordered by Judge Carol Bagley Amon on 12/2/2019. (Phillips, Alice)
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| Filing 23 SUMMONS Returned Executed by City of New York. Lead By Sales, LLC served on 11/11/2019, answer due 12/2/2019. (Friedrich, Krista) |
| Filing 22 WAIVER OF SERVICE Returned Executed by City of New York. JP Ventures LLC waiver sent on 11/8/2019, answer due 1/7/2020. (Friedrich, Krista) |
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SCHEDULING ORDER: A hearing on the proposed consent orders will be held on Tuesday, December 3, 2019, at 3:00 p.m. in Courtroom 10D South before Judge Carol Bagley Amon. This hearing will concern the proposed consent orders filed at #21 in addition to any further proposed consent orders filed in advance of the hearing. So Ordered by Judge Carol Bagley Amon on 11/19/2019. (Phillips, Alice)
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| Filing 21 Letter MOTION for Settlement requesting entry of 2 consent orders by City of New York. (Attachments: #1 Proposed Order on Consent re: Heather's Heavenly Vapes, LLC, #2 Proposed Order on Consent re: CravinVapes LLC) (Friedrich, Krista) |
| Filing 20 SUMMONS Returned Executed by City of New York. E-Cig City 4 served on 10/24/2019, answer due 11/14/2019. (Friedrich, Krista) |
| Filing 19 WAIVER OF SERVICE Returned Executed by City of New York. Humble Juice Co. LLC waiver sent on 10/17/2019, answer due 12/16/2019. (Friedrich, Krista) |
| Filing 18 STIPULATION Extending Time To Answer the Complaint by International Vapor Group, LLC (Cardozo, Michael) |
| Filing 17 Corporate Disclosure Statement by International Vapor Group, LLC identifying Corporate Parent Turning Point Brands, Inc., Corporate Parent Turning Point Brands, LLC, Other Affiliate Standard Diversifief Inc. for International Vapor Group, LLC. (Cardozo, Michael) |
| Filing 16 NOTICE of Appearance by Michael A. Cardozo on behalf of International Vapor Group, LLC (aty to be noticed) (Cardozo, Michael) |
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ORDER TO ANSWER re #18 Stipulation filed by International Vapor Group, LLC. Defendants International Vapor Group, LLC and VaporFi, Inc., Answer the Complaint by 12/16/2019.Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/12/2019. (Vertus, Miriam)
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| Filing 15 WAIVER OF SERVICE Returned Executed by City of New York. TheSY, LLC waiver sent on 10/10/2019, answer due 12/9/2019. (Friedrich, Krista) |
| Filing 14 WAIVER OF SERVICE Returned Executed by City of New York. Central Vapors LLC waiver sent on 10/17/2019, answer due 12/16/2019. (Friedrich, Krista) |
| Filing 13 WAIVER OF SERVICE Returned Executed by City of New York. ZampleBox, LLC waiver sent on 10/17/2019, answer due 12/16/2019. (Friedrich, Krista) |
| Filing 12 SUMMONS Returned Executed by City of New York. Veppo International LLC served on 10/18/2019, answer due 11/8/2019. (Friedrich, Krista) |
| Filing 11 SUMMONS Returned Executed by City of New York. E-cigarette Empire LLC served on 10/17/2019, answer due 11/7/2019. (Friedrich, Krista) |
| Filing 10 WAIVER OF SERVICE Returned Executed by City of New York. Inline Vape, LLC waiver sent on 10/17/2019, answer due 12/16/2019. (Friedrich, Krista) |
| Filing 9 WAIVER OF SERVICE Returned Executed by City of New York. Heather's Heavenly Vapes, LLC waiver sent on 10/17/2019, answer due 12/16/2019. (Friedrich, Krista) |
| Filing 8 WAIVER OF SERVICE Returned Executed by City of New York. Vapor Authority, Inc. waiver sent on 10/10/2019, answer due 12/9/2019. (Friedrich, Krista) |
| Filing 7 WAIVER OF SERVICE Returned Executed by City of New York. Vapor 4 Life Holdings, Inc. waiver sent on 10/10/2019, answer due 12/9/2019. (Friedrich, Krista) |
| Filing 6 NOTICE of Appearance by Sabita Lakshmi Krishnan on behalf of All Plaintiffs (aty to be noticed) (Krishnan, Sabita) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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. (Bowens, Priscilla) |
| Filing 3 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 2 Civil Cover Sheet.. by City of New York (Friedrich, Krista) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
| Case assigned to Judge Carol Bagley Amon and Magistrate Judge Ramon E. Reyes, Jr. 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. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-11925914 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by City of New York. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Friedrich, Krista) |
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