Conte v. Tapps Supermarket, Inc. et al
| Anthony Conte |
| Tapps Supermarket, Inc., Anthony C. Conte, Paul S. Conte, Pasquale Conte, Jr., The Estate of Pasquale Conte, Sr., Anthony Bileddo, Seven Seas Partners, Inc and Feder Kaszovitz LLP |
| 1:2022cv03109 |
| May 27, 2022 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| James M Wicks |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 43
Letter from Anthony Conte to Judge Wicks dated 7/20/2022 re: withdrawing request "that the proceedings be suspended for 30 days to allow for a possible resolution of this matter." (Herrera, Isaiah)
|
|
Filing 42
CERTIFICATE OF SERVICE by Tapps Supermarket, Inc. (Daley, Althea)
|
|
ORDER. Upon receipt and review of the parties' respective letters in response to the undersigned's 7/19/2022 Order (DE 39; DE 40; DE 41), the briefing schedules set at the pre-motion conference on 7/14/2022 (DE 32) remain in effect. Further, if the parties jointly desire to appear before the undersigned for a settlement conference at a later date, they shall advise the Court accordingly. To the extent Plaintiff is of the position that he will be prejudiced without being permitted to conduct discovery prior to a Rule 26(f) Conference, he may further address that issue in opposition to the anticipated motion to stay discovery. Ordered by Magistrate Judge James M. Wicks on 7/21/2022. (Weinstein, Tracy)
|
|
Filing 40
Letter by Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Feder Kaszovitz LLP, Seven Seas Partners, Inc, Tapps Supermarket, Inc., The Estate of Pasquale Conte, Sr. (Sack, David)
|
|
Filing 39
Letter Response to court order regarding settlement conference by Anthony Bileddo (Cole, Michael)
|
|
Filing 41
Letter from Anthony Conte to Judge Wicks dated 7/17/2022 re: Order dated 7/16/2022. (Herrera, Isaiah)
|
|
ORDER: Plaintiff's request [DE 36] for the Court to Order Defendants to produce corporate books and shareholder records is DENIED. As previously ordered (see Electronic Order dated July 16, 2022), the parties shall not propound formal discovery demands as the Rule 26(f) conference has not taken place. "Rule 26(d) (1) expressly provides that '[a] party may not seek discovery from any source before the parties have conferred as required by Rule 26(f)....'" Fed. R. Civ. P. 26(d)(1); Desilva v. N. Shore-Long Island Jewish Health Sys. Inc., No. CV 10-1341 (JFB)(ETB), 2010 WL 3119629, at *1 (E.D.N.Y. Aug. 9, 2010) ("forbidding any discovery from taking place prior to the required Rule 26(f) conference"); see also Diaz v. Loc. 338 of the Retail, No. CV 13-7187 (SJF) (SIL), 2014 WL 12778840, at *1 (E.D.N.Y. Aug. 21, 2014) ("Plaintiff's discovery demands were premature as they were served before the parties conducted a planning conference pursuant to Rule 26(f)."); see also N. Atl. Operating Co., Inc. v. Evergeen Distrib., LLC, 293 F.R.D. 363, 367-68 (E.D.N.Y. 2013) (blending good cause standard with four-factor test considering (1) irreparable injury, (2) some probability of success on the merits, (3) some connection between the expedited discovery and the avoidance of the irreparable injury, and (4) some evidence that the injury that will result without expedited discovery looms greater than the injury that the defendant will suffer if the expedited relief is granted. (citing Notaro v. Koch, 95 F.R.D. 403, 405 (S.D.N.Y. 1982). Plaintiff has not met this standard. Further, while on the one hand Plaintiff is demanding books and records, on the other, he seeks to "suspend" the action to allow the parties one month to engage in settlement discussions. Defendants Tapps Supermarket, Inc, Anthony C. Conte, Paul S. Conte, Pasquale Conte, Jr., The Estate of Pasquale Conte, Sr., consent [DE 38]. However, Defendants Anthony Bileddo, Seven Seas Partner, Inc., and Feder Kaszovitz LLP have not advised whether they consent. Accordingly, the briefing schedule set in the pre-motion conference on 7/14/2022 remains in effect [DE 32], unless the parties jointly request the court to schedule a settlement conference. Defendants are directed to serve a copy of this Order upon plaintiff by email and regular mail, and file proof of service of same on or before 7/20/2022. Ordered by Magistrate Judge James M. Wicks on 7/19/2022. (Weinstein, Tracy)
|
|
Filing 38
Letter from Anthony Conte to Judge Wicks dated 7/16/2022 re: letter dated 7/15/2022 by Murray L. Skala. (Herrera, Isaiah)
|
|
Filing 37
CERTIFICATE OF SERVICE by Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Seven Seas Partners, Inc, Tapps Supermarket, Inc. Service of July 16, 2022 Court Order (Peerce, Marjorie)
|
|
Filing 36
MOTION to Compel: Letter by Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Feder Kaszovitz LLP, Seven Seas Partners, Inc, Tapps Supermarket, Inc., The Estate of Pasquale Conte, Sr. (Sack, David) Modified on 7/19/2022 to change event type to Motion to Compel. (Flanagan, Doreen).
|
|
ORDER granting [DE 34] stay pending briefing on defendants' anticipated motion to stay discovery. Pursuant to Fed. R. Civ. P. 26(d)(1), "a party may not seek discovery from any source before the parties have conferred as required under Rule 26(f). The rule was designed to ensure that formal discovery (as opposed informal interviews and the like) not take place before the parties have met and conferred. See Fed. R. Civ. P. 26 Advisory Committee Notes to 1993 Amendments. The Initial Conference for purposes of considering and issuing a Rule 16(b) scheduling order was scheduled to take place in August, and therefore the Rule 26(f) conference has not taken place. Accordingly, in light of defendants' anticipated motion to stay discovery, and the fact that the Rule 16 conference is scheduled in August, no formal discovery demands shall be propounded by either side in the interim. Defendants are directed to serve a copy of this Order upon plaintiff by email and regular mail, and file proof of service of same. So Ordered by Magistrate Judge James M. Wicks on 7/16/2022. (Wicks, James)
|
|
Filing 35
NOTICE of Appearance by Michael P. Robotti on behalf of Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Seven Seas Partners, Inc, Tapps Supermarket, Inc. (aty to be noticed) (Robotti, Michael)
|
|
Filing 34
Letter MOTION to Stay Discovery by Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Feder Kaszovitz LLP, Seven Seas Partners, Inc, Tapps Supermarket, Inc., The Estate of Pasquale Conte, Sr.. (Attachments: #1 Exhibit Enclosure -- E-Mail from Anthony Conte dated July 15, 2022) (Sack, David)
|
|
Filing 33
CERTIFICATE OF SERVICE by Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Seven Seas Partners, Inc, Tapps Supermarket, Inc. re #32 Order on Motion to Compel,,,,,,,,,,,,,,,,,,,, Pre Motion Conference,,,,,,,,,, Terminate Deadlines and Hearings,,,,,,,,, of Court's Order dated 7/14/22 upon Plaintiff via electronic mail and U.S. mail (Daley, Althea)
|
|
Filing 32
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR PRE-MOTION CONFERENCE. Pro Se Plaintiff: Anthony Conte, appearing Pro Se. Counsel for Defendant: Murray L. Skala, Marjorie J. Peerce (For Tapps Supermarket, Inc, Anthony C. Conte, Paul S. Conte, Pasquale Conte, Jr., The Estate of Pasquale Conte, Sr., Seven Seas Partners, Inc. and Feder Kaszovitz LLP) Michael S. Cole (For Anthony Bileddo). Pre-Motion Conference held on 7/14/2022 at 11:00 AM. Defendants intend to move to dismiss the amended complaint #6 #10 and the following briefing schedule was adopted by the Court: Defendants shall serve their motion to dismiss on or before 9/2/2022; Plaintiff shall serve opposition papers on or before 10/28/2022; Defendants shall serve reply papers on or before 12/2/2022; the fully briefed motion to dismiss shall be filed on or before 12/5/2022. Defendants intend to file two separate briefs, and together the page limitation is 50 pages.Plaintiffs request #18 #24 for the US Attorney to perform a criminal investigation was denied as such a request is not properly before this Court; Plaintiffs request #24 to freeze proceeds on the sale of property related to the allegations in his pleadings was also denied as such a request was not procedurally proper, with leave to make an appropriate motion. Defendants intend to move for a stay of discovery pending the motion to dismiss. Accordingly, the following briefing schedule was set: Defendants' joint motion to stay discovery shall be filed as a single letter motion not exceeding 10 pages (on behalf of all Defendants), on or before 8/5/2022; Plaintiff's opposition shall be filed on or before 8/26/2022; no replies will be permitted unless the Court directs Defendants to submit a reply. The Initial Conference scheduled for 8/17/2022 is hereby adjourned sine die. All documents in this matter shall be served both electronically and in hard copy. Pro se Plaintiff provided his email address: contelitigation@gmail.com. Counsel for Defendants are hereby directed to serve a copy of this Order upon pro se Plaintiff and file proof of service on ECF on or before 7/15/2022. (FTR Log #11:02-11:25 (Telephone).) (Flanagan, Doreen)
|
|
Filing 31
NOTICE of Appearance by Althea Daley on behalf of Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Seven Seas Partners, Inc, Tapps Supermarket, Inc. (aty to be noticed) (Daley, Althea)
|
|
Filing 30
Letter from Anthony Conte to Judge Wicks dated 7/11/2022 re: letter from co-counsel Murray Skala and Marjorie Peerce dated 7/8/2022 and prior letters to the court by the defendants. (Herrera, Isaiah)
|
|
Filing 29
NOTICE of Appearance by David J. Sack on behalf of The Estate of Pasquale Conte, Sr. (notification declined or already on case) (Sack, David)
|
|
Filing 28
Corporate Disclosure Statement by Seven Seas Partners, Inc (Sack, David)
|
|
Filing 27
NOTICE of Appearance by David J. Sack on behalf of Seven Seas Partners, Inc (notification declined or already on case) (Sack, David)
|
|
Filing 26
Corporate Disclosure Statement by Seven Seas Partners, Inc, Tapps Supermarket, Inc. (Peerce, Marjorie)
|
|
Filing 25
NOTICE of Appearance by Marjorie J. Peerce on behalf of Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Seven Seas Partners, Inc, Tapps Supermarket, Inc. (aty to be noticed) (Peerce, Marjorie)
|
|
Filing 24
MOTION: Letter from Anthony Conte to Judge Gujarati dated 7/8/2022 re: letter from co-counsel dated 7/8/2022. (Herrera, Isaiah) Modified on 7/14/2022 to change event type to Motion to Compel. (Flanagan, Doreen).
|
|
Filing 23
NOTICE of Appearance by David J. Sack on behalf of Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Feder Kaszovitz LLP, Seven Seas Partners, Inc, Tapps Supermarket, Inc., The Estate of Pasquale Conte, Sr. (aty to be noticed) (Sack, David)
|
|
Filing 22
Letter by Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Feder Kaszovitz LLP, Seven Seas Partners, Inc, Tapps Supermarket, Inc., The Estate of Pasquale Conte, Sr. (Sack, David)
|
|
SCHEDULING ORDER: The Pre Motion Conference scheduled for July 14, 2022 at 11:00 AM via the Court's Video Zoom has been CONVERTED to a telephone conference. The Parties should dial 1-866-434-5269 and enter Access Code 9025281# at the prompt. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 7/8/2022. (Flanagan, Doreen)
|
|
Filing 21
SUMMONS Returned Executed by Anthony Conte. Anthony Bileddo served on 6/28/2022, answer due 7/19/2022; Feder Kaszovitz LLP served on 6/28/2022, answer due 7/19/2022; Tapps Supermarket, Inc. served on 6/28/2022, answer due 7/19/2022. (Attachments: #1 Summons Feder Kaszovitz LLP, #2 Summons Anthony Bileddo) (Herrera, Isaiah)
|
|
ORDER. granting #6 Motion for Pre-Motion Conference; granting #10 Motion for Pre-Motion Conference. The parties shall appear on July 14, 2022 at 11:00 AM before Magistrate Judge James M. Wicks, by video, to discuss the anticipated motions to dismiss and Plaintiff's opposition/letter #18 . The Court will email a Zoom link closer to the Conference date. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. Ordered by Magistrate Judge James M. Wicks on 6/27/2022. (Weinstein, Tracy)
|
|
Filing 20
Summons Issued as to Tapps Supermarket, Inc.. (Herrera, Isaiah)
|
|
Filing 19
AMENDED COMPLAINT against Anthony Bileddo, Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Tapps Supermarket, Inc., The Estate of Pasquale Conte, Sr., Seven Seas Partners, Inc, Feder Kaszovitz LLP, filed by Anthony Conte. (Herrera, Isaiah)
|
|
ORDER REFERRING MOTIONS: Defendants' #6 , #10 Letter Motions for a pre motion conference respectfully referred to Magistrate Judge James M. Wicks. Ordered by Judge Diane Gujarati on 6/23/2022. (Almonte, Kelly)
|
|
Filing 18
MOTION: Letter from Anthony Conte to Judge Gujarati dated 6/16/2022 re: Pre-motion letters by defendants. (Herrera, Isaiah) Modified on 7/14/2022 to change event type to Motion to Compel. (Flanagan, Doreen).
|
|
Filing 17
CERTIFICATE OF SERVICE by Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Tapps Supermarket, Inc. re #16 Corporate Disclosure Statement, #15 Notice of Appearance (Peerce, Marjorie)
|
|
Filing 16
Corporate Disclosure Statement by Tapps Supermarket, Inc. (Peerce, Marjorie)
|
|
Filing 15
NOTICE of Appearance by Marjorie J. Peerce on behalf of Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Tapps Supermarket, Inc. (aty to be noticed) (Peerce, Marjorie)
|
|
Filing 13
CERTIFICATE OF SERVICE by Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Tapps Supermarket, Inc., The Estate of Pasquale Conte, Sr. re #12 Letter (Honig, Jonathan)
|
|
Filing 12
Letter Corrective Letter re: Docket No. 10 by Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Tapps Supermarket, Inc., The Estate of Pasquale Conte, Sr. (Honig, Jonathan)
|
|
Filing 11
CERTIFICATE OF SERVICE by Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Tapps Supermarket, Inc., The Estate of Pasquale Conte, Sr. re #10 Letter and Judge's Individual Practice Rules (Honig, Jonathan)
|
|
Filing 10
Letter Pre-Motion Letter to Dismiss by Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Tapps Supermarket, Inc., The Estate of Pasquale Conte, Sr. (Skala, Murray) Modified on 6/23/2022 to correct event type. (Almonte, Kelly).
|
|
Filing 9
NOTICE of Appearance by Jonathan Honig on behalf of Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Tapps Supermarket, Inc., The Estate of Pasquale Conte, Sr. (aty to be noticed) (Honig, Jonathan)
|
|
Filing 8
NOTICE of Appearance by Murray L. Skala on behalf of Anthony C. Conte, Pasquale Conte, Jr, Paul S. Conte, Tapps Supermarket, Inc., The Estate of Pasquale Conte, Sr. (aty to be noticed) (Skala, Murray)
|
|
Filing 14
SUMMONS Returned Executed by Anthony Conte. Anthony Bileddo served on 6/8/2022, answer due 6/29/2022; Anthony C. Conte served on 6/7/2022, answer due 6/28/2022; Pasquale Conte, Jr served on 6/9/2022, answer due 6/30/2022; Paul S. Conte served on 6/13/2022, answer due 7/4/2022; Tapps Supermarket, Inc. served on 6/13/2022, answer due 7/4/2022; The Estate of Pasquale Conte, Sr. served on 6/7/2022, answer due 6/28/2022. (Herrera, Isaiah)
|
|
Filing 7
INITIAL CONFERENCE SCHEDULING ORDER An initial conference via Telephone will be held at 10:00 AM on 8/17/2022 before Magistrate Judge James M. Wicks. The parties are directed to dial 1-866-434-5269 and enter Access Code 9025281# when prompted. All parties must attend. Parties are directed to complete the attached Proposed Rule 26(f) Scheduling Order and electronically file same with the Court no later than 8/10/2022. 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. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 6/10/2022. Copies of this Scheduling Order and the attachments have been mailed to Pro Se Plaintiff, Anthony Conte, at the address noted on the docket. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Rules, #3 Hofstra Legal Pro Se Assistance Program) (Flanagan, Doreen)
|
|
Filing 6
Letter MOTION to Dismiss for Failure to State a Claim Pre-motion letter pursuant to court rules by Anthony Bileddo. (Cole, Michael) Modified on 6/23/2022 to correct event type (Almonte, Kelly).
|
|
Filing 5
NOTICE of Appearance by Michael S. Cole on behalf of Anthony Bileddo (aty to be noticed) (Cole, Michael)
|
|
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
FILING FEE: $ 402.00, receipt number 32757 (Bowens, Priscilla)
|
|
Filing 2
Summons Issued as to All Defendants. (Bowens, Priscilla)
|
|
Filing 1
COMPLAINT against All Defendants, filed by Anthony Conte. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B) (Bowens, Priscilla)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
