Eris Evolution, LLC v. Bradley
| Eris Evolution, LLC |
| Vincent Bradley |
| 1:2022cv04616 |
| August 4, 2022 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Peggy Kuo |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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| 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) |
| 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) |
| 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) |
| Filing 18 NOTICE of Appearance by Frances I. Polifione on behalf of Vincent Bradley (aty to be noticed) (Polifione, Frances) |
| 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) |
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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| Filing 12 NOTICE of Appearance by Noam Lerer on behalf of Vincent Bradley (aty to be noticed) (Lerer, Noam) |
| Filing 11 Corporate Disclosure Statement by Eris Evolution, LLC (Corbett, Jonathan) |
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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)
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| Filing 10 MOTION to Vacate #8 Order,,, , MOTION for Reconsideration re #8 Order,,, by Eris Evolution, LLC. (Corbett, Jonathan) |
| Filing 9 NOTICE of Appearance by Jonathan Corbett on behalf of Eris Evolution, LLC (notification declined or already on case) (Corbett, Jonathan) |
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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)
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| Filing 7 Summons Issued as to Vincent Bradley. (Innelli, Michael) |
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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)
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| Filing 6 Proposed Summons. by Eris Evolution, LLC (Corbett, Jonathan) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. by Eris Evolution, LLC (Attachments: #1 Proposed Summons for Defendant Vincent Bradley) (Corbett, Jonathan) |
| 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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