Hillside QSR, LLC v. Dunkin' Donuts Franchising LLC et al
| Hillside QSR, LLC |
| Dunkin' Donuts Franchising LLC and Baskin-Robbins Franchising LLC |
| 1:2020cv05415 |
| November 6, 2020 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Rachel P Kovner |
| Contract:Franchise |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Filing 19 MOTION to Appear Pro Hac Vice (Updated) Filing fee $ 150, receipt number ANYEDC-13933450. by Baskin-Robbins Franchising LLC, Dunkin' Donuts Franchising LLC. (Attachments: #1 Affidavit of Frank J. Sciremammano, #2 Exhibit A - Certificate of Good Standing for the State of New York, #3 Admission Information B - Certificate of Good Standing for the District of Columbia, #4 Proposed Order) (Sciremammano, Frank) |
ORDER: Counsel Sciremammano is directed to refile an updated motion for pro hac vice admission, which must include certificates of good standing that comply with Local Civil Rule 1.3(c), because the previous motion has been denied. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/3/2021. (Altreuter, Sylvia)
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| Filing 18 Letter - Updated Certificate of Good Standing for the District of Columbia, Ex. B to Frank J. Sciremammano Motion to Appear Pro Hac Vice [ECF 17] by Baskin-Robbins Franchising LLC, Dunkin' Donuts Franchising LLC (Sciremammano, Frank) |
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ORDER: The motion for leave to appear pro hac vice #17 is denied without prejudice for failure to comply with Local Civil Rule 1.3(c) ("The motion must be accompanied by a certificate of the court for each of the states in which the applicant is a member of the bar, which has been issued within thirty (30) days of filing...."). The certificate of good standing issued by the District of Columbia Bar is dated November 25, 2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/30/2020. (Altreuter, Sylvia)
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ORDER: The motion for leave to appear pro hac vice #16 is granted. Attorney Eric L. Yaffe 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. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/30/2020. (Altreuter, Sylvia)
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| Filing 17 MOTION to Appear Pro Hac Vice - Frank J. Sciremammano Filing fee $ 150, receipt number ANYEDC-13906120. by Baskin-Robbins Franchising LLC, Dunkin' Donuts Franchising LLC. (Attachments: #1 Affidavit of Frank J. Sciremammano, #2 Exhibit A - Certificate of Good Standing for the State of New York, #3 Exhibit B - Certificate of Good Standing for the District of Columbia, #4 Proposed Order) (Sciremammano, Frank) |
| Filing 16 MOTION to Appear Pro Hac Vice - Eric L. Yaffe Filing fee $ 150, receipt number ANYEDC-13904749. by Baskin-Robbins Franchising LLC, Dunkin' Donuts Franchising LLC. (Attachments: #1 Affidavit of Eric L. Yaffe, #2 Exhibit A - Certificate of Good Standing for the State of Minnesota, #3 Exhibit B - Certificate of Good Standing for the Commonwealth of Massachusetts, #4 Exhibit C - Certificate of Good Standing for the District of Columbia, #5 Proposed Order) (Yaffe, Eric) |
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Order: Plaintiff has #15 moved to seal certain exhibits to its motion for a preliminary injunction. The purported basis for sealing the exhibits is that they are subject to a confidentiality agreement signed by the parties. But "the mere existence of a confidentiality agreement covering judicial documents is insufficient to overcome the First Amendment presumption of access." Delta Air Lines, Inc. v. Bombardier, Inc., 462 F. Supp. 3d 354, 359 (S.D.N.Y. 2020) (collecting cases). If plaintiff wishes to seal certain exhibits, it must articulate why sealing is appropriate for each exhibit under the relevant Second Circuit case law. See id. at 356-57 (describing the legal standard for determining whether documents should be sealed). Ordered by Judge Rachel P. Kovner on 12/22/2020. (Almonte, Giselle)
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| Filing 15 MOTION for Leave to Electronically File Document under Seal by Hillside QSR, LLC. (Attachments: #1 Notice of Motion, #2 Memorandum in Support of Motion for Leave to File Under Seal, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E) (Einbinder, Michael) |
| Filing 14 Letter by Hillside QSR, LLC (Attachments: #1 Exhibit A to Luciano Francioni Affidavit) (Einbinder, Michael) |
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Order: The motion for an extension at #13 is granted. Defendants' opposition papers will be due on 1/11/2021 and plaintiff's reply papers will be due on 1/26/2021. Ordered by Judge Rachel P. Kovner on 12/13/2020. (Almonte, Giselle) Modified on 12/17/2020 (Almonte, Giselle).
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| Filing 13 MOTION for Extension of Time to File Opposition and Reply Papers on Plaintiff's Motion for a Preliminary Injunction by Baskin-Robbins Franchising LLC, Dunkin' Donuts Franchising LLC. (Degen, Ronald) |
| Filing 12 Notice of MOTION for Preliminary Injunction by Hillside QSR, LLC. (Attachments: #1 Memorandum in Support, #2 Declaration of Bharat Patel, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Affidavit of Luciano Francioni, #11 Exhibit A, #12 Exhibit B, #13 Exhibit C, #14 Declaration of Arthur A. Hirschler, Esq., #15 Exhibit A, #16 Declaration of John A. Gordon, #17 Exhibit A, #18 Exhibit B, #19 Declaration of George Kuhn, #20 Exhibit A, #21 Exhibit B) (Einbinder, Michael) |
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Order: The motion at #9 for a pre-motion conference is granted in part and denied in part. The parties may brief defendants' anticipated motion to dismiss without a pre-motion conference. Defendants' brief shall be due by 1/11/2021, plaintiff's brief shall be due by 2/11/2021, and defendants' reply (if any) shall be due by 2/25/2021. Ordered by Judge Rachel P. Kovner on 12/03/2020. (Almonte, Giselle)
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| Filing 11 RESPONSE to Motion re #9 Letter MOTION for pre motion conference re #7 Amended Complaint to Dismiss filed by Hillside QSR, LLC. (Einbinder, Michael) |
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Filing 10
SCHEDULING ORDER: An initial/telephone conference will be held at 3:30 PM on 1/7/2021 before Magistrate Judge Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the 3:30 PM conference. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 1/7/2021. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/2/2020. (Manson, Eddie)
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| Filing 9 Letter MOTION for pre motion conference re #7 Amended Complaint to Dismiss by Baskin-Robbins Franchising LLC, Dunkin' Donuts Franchising LLC. (Degen, Ronald) |
| Filing 8 NOTICE of Appearance by Ronald D. Degen on behalf of All Defendants (aty to be noticed) (Degen, Ronald) |
| Filing 7 AMENDED COMPLAINT against Baskin-Robbins Franchising LLC, Dunkin' Donuts Franchising LLC, filed by Hillside QSR, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Einbinder, Michael) |
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Order: In light of plaintiff's letter at #6 , plaintiff shall file an amended complaint by 11/24/2020 correcting the jurisdictional pleading deficiencies in the complaint at #1 . Ordered by Judge Rachel P. Kovner on 11/17/2020. (Almonte, Giselle)
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| Filing 6 Letter to Judge Kovner Regarding Diversity Jurisdiction by Hillside QSR, LLC (Einbinder, Michael) |
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ORDER TO SHOW CAUSE: Plaintiff Hillside QSR, LLC, initiated this action in federal court on November 6, 2020. In its #1 Complaint, plaintiff based the Court's jurisdiction on diversity jurisdiction under 28 U.S.C. 1332. That statute requires complete diversity between all plaintiffs and defendants to provide a basis for federal court jurisdiction. See Lincoln Prop. Co. v. Roche, 546 U.S. 81, 89 (2005). Here, plaintiff has not adequately alleged that it is diverse from the defendants. The citizenship of an LLC for diversity purposes is the citizenship of each of its members. See Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012). The complaint states that plaintiff is a New York limited liability company with its principal place of business located at 179-15 Hillside Avenue, Jamaica, NY 11432. Plaintiff does not fully disclose its members, nor does it disclose the citizenship of its members. As for the defendants in this action, plaintiff states each defendant is a wholly owned subsidiary of Dunkin' Brands, Inc., but does not specify the citizenship of Dunkin' Brands, Inc. Plaintiff shall file a letter with the Court by November 17, 2020, that explains in full why the requirements for diversity jurisdiction are satisfied in this action. Ordered by Judge Rachel P. Kovner on 11/10/2020. (Almonte, Giselle)
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| 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 DISCLOSURE of Interested Parties by Hillside QSR, LLC. (Bowens, Priscilla) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Sanket J. Bulsara. 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 Baskin-Robbins Franchising LLC, Dunkin' Donuts Franchising LLC filing fee $ 400, receipt number BNYEDC-13648422 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Hillside QSR, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A, #4 Exhibit B, #5 Rule 7.1 Statement) (Einbinder, Michael) |
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