Eris Evolution, LLC v. Bradley
Plaintiff: Eris Evolution, LLC
Defendant: Vincent Bradley
Case Number: 1:2022cv04616
Filed: August 4, 2022
Court: US District Court for the Eastern District of New York
Presiding Judge: Frederic Block
Referring Judge: Peggy Kuo
Nature of Suit: Constitutional - State Statute
Cause of Action: 28 U.S.C. ยง 2201 Constitutionality of State Statute(s)
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2022 Filing 21 REPLY to Response to Motion re #14 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction against Defendant Bradley filed by Eris Evolution, LLC. (Corbett, Jonathan)
September 23, 2022 Filing 20 AFFIDAVIT/DECLARATION in Opposition re #14 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction against Defendant Bradley filed by Vincent Bradley. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Polifione, Frances)
September 23, 2022 Filing 19 MEMORANDUM in Opposition re #14 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction against Defendant Bradley filed by Vincent Bradley. (Polifione, Frances)
September 23, 2022 Filing 18 NOTICE of Appearance by Frances I. Polifione on behalf of Vincent Bradley (aty to be noticed) (Polifione, Frances)
September 9, 2022 Filing 17 CERTIFICATE OF SERVICE by Eris Evolution, LLC re #14 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction against Defendant Bradley served on 9/8/2022 via ECF, pursuant to [Unnumbered] SCHEDULING ORDER entered 9/9/2022 (Corbett, Jonathan)
September 9, 2022 Opinion or Order Filing 16 SCHEDULING ORDER: The defendant's letter application #13 dated 9/1/22 is GRANTED. An in person pre motion conference is scheduled for October 4, 2021 @ 4:00PM. The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions . If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person pre-motion conference and then file a letter application. Upon receipt of this email counsel shall confirm with each other of the date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 9/9/2022. (Innelli, Michael)
September 9, 2022 Opinion or Order SCHEDULING ORDER: An in person oral argument is scheduled for October 4, 2022 @ 4:00 pm to discuss plaintiff's order to show cause #14 seeking a TRO and preliminary injunction. By September 23, 2022 the defendant shall serve and file their opposition to plaintiff's order to show cause. By September 30, 2022 the plaintiff shall serve and file their reply. Plaintiff's shall serve a full copy of their motion papers by 5:00 pm on September 9, 2022 upon the defendant and file proof of service. Ordered by Judge Frederic Block on 9/9/2022. (Innelli, Michael)
September 9, 2022 Set/Reset Hearings: In Person Oral Argument and Pre-Motion Conference set for 10/4/2022 04:00 PM before Judge Frederic Block. (Innelli, Michael)
September 8, 2022 Filing 15 RESPONSE to Motion re #13 Letter MOTION for pre motion conference re #1 Complaint In Anticipation of Fed R Civ P 12(b) Motion to Dismiss filed by Eris Evolution, LLC. (Corbett, Jonathan)
September 8, 2022 Filing 14 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction against Defendant Bradley by Eris Evolution, LLC. (Attachments: #1 Exhibit A - Volkova Affidavit, #2 Exhibit B - SLA Web Site, #3 Exhibit C - Excerpt of Laws of New York, 1934) (Corbett, Jonathan)
September 1, 2022 Filing 13 Letter MOTION for pre motion conference re #1 Complaint In Anticipation of Fed R Civ P 12(b) Motion to Dismiss by Vincent Bradley. (Lerer, Noam)
September 1, 2022 Filing 12 NOTICE of Appearance by Noam Lerer on behalf of Vincent Bradley (aty to be noticed) (Lerer, Noam)
August 28, 2022 Filing 11 Corporate Disclosure Statement by Eris Evolution, LLC (Corbett, Jonathan)
August 9, 2022 Opinion or Order ORDER: Plaintiff's #10 Motion to Vacate and/or for Reconsideration is granted. The Court's issuance of #8 Certification was in error and is accordingly vacated. Ordered by Magistrate Judge Peggy Kuo on 8/9/2022. (Gus, Lindsay)
August 8, 2022 Filing 10 MOTION to Vacate #8 Order,,, , MOTION for Reconsideration re #8 Order,,, by Eris Evolution, LLC. (Corbett, Jonathan)
August 8, 2022 Filing 9 NOTICE of Appearance by Jonathan Corbett on behalf of Eris Evolution, LLC (notification declined or already on case) (Corbett, Jonathan)
August 8, 2022 Opinion or Order Filing 8 VACATED CERTIFICATION: The Court hereby certifies that the plaintiff in this action intends to challenge the New York Alcoholic Beverage Control Law, 106(5) ("ABC Law"), as unconstitutional because it violates the First Amendment of the United States Constitution, as incorporated against the states by the Fourteenth Amendment. Pursuant to 28 U.S.C. 2403(b), the State of New York may intervene on the question of the ABC Law's constitutionality. The plaintiff is ordered to serve a copy of this Certification and the notice required under Federal Rule of Civil Procedure 5.1 upon the Attorney General of the State of New York, and to file a declaration of service with the court via ECF by August 12, 2022. Ordered by Magistrate Judge Peggy Kuo on 8/8/2022. (Gus, Lindsay)
August 8, 2022 Filing 7 Summons Issued as to Vincent Bradley. (Innelli, Michael)
August 8, 2022 Opinion or Order ELECTRONIC ORDER: Granting Jonathan W. Corbett's motion #3 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 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 Judge Frederic Block on 8/8/2022. (Innelli, Michael)
August 5, 2022 Filing 6 Proposed Summons. by Eris Evolution, LLC (Corbett, Jonathan)
August 5, 2022 Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
August 5, 2022 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. (Davis, Kimberly)
August 5, 2022 Your proposed summons was not issued for one of the following reasons: The CLERK OF COURT name needs to be updated/corrected. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Davis, Kimberly)
August 5, 2022 Case Assigned to Judge Frederic Block and Magistrate Judge Peggy Kuo. 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. Motions referred to Peggy Kuo. (Davis, Kimberly)
August 4, 2022 Filing 3 MOTION to Appear Pro Hac Vice with Incorporated Affidavit Filing fee $ 150, receipt number ANYEDC-15815701. by Eris Evolution, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Corbett, Jonathan)
August 4, 2022 Filing 2 Proposed Summons.Civil Cover Sheet.. by Eris Evolution, LLC (Attachments: #1 Proposed Summons for Defendant Vincent Bradley) (Corbett, Jonathan)
August 4, 2022 Filing 1 COMPLAINT against Vincent Bradley filing fee $ 402, receipt number ANYEDC-15815691 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Eris Evolution, LLC. (Corbett, Jonathan)

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Plaintiff: Eris Evolution, LLC
Represented By: Jonathan Corbett
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Defendant: Vincent Bradley
Represented By: Noam Lerer
Represented By: Frances I. Polifione
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