Kelly v. FoodScience LLC
| Brian Kelly |
| FoodScience LLC doing business as VetriScience Laboratories |
| 1:2024cv06222 |
| September 5, 2024 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Joseph A Marutollo |
| Fraud or Truth-In-Lending |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 22, 2024. A more recent docket listing may be available from PACER.
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| Filing 11 NOTICE of Appearance by Oscar Asiris Figueroa on behalf of FoodScience LLC (notification declined or already on case) (Figueroa, Oscar) |
ORDER granting #10 Motion 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 they receive electronic notification of activity in this case. Also, the attorney shall ensure the $200 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Joseph A. Marutollo on 10/21/2024. (EG)
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| Filing 10 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18390001 by FoodScience LLC. (Attachments: #1 Affidavit, #2 Certificates of Good Standing, #3 Proposed Order) (Figueroa, Oscar) |
| Minute Entry for proceedings held before Magistrate Judge Joseph A. Marutollo: An initial conference was held on the record on October 10, 2024. Counsel appeared. The parties' proposed Discovery Plan and Scheduling Order was discussed. Following that discussion, the Court set the below deadlines. The date for completion of automatic disclosures required by Fed. R. Civ. P. 26(a)(1) shall be October 24, 2024. No amendment of the pleadings will be permitted after December 5, 2025. No additional parties may be joined after December 5, 2025. The parties shall file a joint status report by November 8, 2024 outlining the current status of discovery. The parties shall also indicate whether they are amenable to an early settlement conference or Court-ordered mediation. Fact discovery shall be completed by April 18, 2025. Plaintiff shall make Fed. R. Civ. P. 26(a)(2) expert disclosures, if any, by May 9, 2025. Defendants shall make Fed. R. Civ. P. 26(a)(2) expert disclosures, if any, by June 6, 2025. All discovery, including expert discovery, shall be completed by June 27, 2025. The final date to take the first step in dispositive motion practice, if any, shall be August 1, 2025. No extension of the above deadlines will be granted except upon a motion, filed prior to the deadline and consistent with Judge Marutollo's Individual Practices and Rules, showing good cause for the extension. The parties are reminded that "a finding of 'good cause' depends on the diligence of the moving party." Parker v. Columbia Pictures Industries, 204 F.3d 326, 340 (2d Cir. 2000). Pursuant to Fed. R. Civ. P. 1, the Court has an obligation "to secure the just, speedy, and inexpensive determination of every action and proceeding." (ZoomGov Log #12:03-12:13.) (EG) |
| Filing 9 Corporate Disclosure Statement by FoodScience LLC (Anderson, Allan) |
| Filing 8 Defendant's ANSWER to #1 Complaint, by FoodScience LLC. (Anderson, Allan) |
| Filing 7 Proposed Scheduling Order by all Parties by Brian Kelly (Smith, Philip) |
| Filing 6 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by FoodScience LLC. (Attachments: #1 Proposed Order to Extend to Respond to Complaint) (Anderson, Allan) |
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SCHEDULING ORDER: Due to a change in the Court's calendar, the initial conference scheduled for October 3, 2024 at 11:30 a.m. is hereby RESCHEDULED to October 10, 2024 at 12:00 p.m. The call-in information remains the same. The parties must complete the proposed Discovery Plan and Scheduling Order #5 and file it on ECF no later than October 5, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 9/24/2024. (EG)
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ORDER granting in part and denying in part #6 - Defendants' deadline to respond to the Complaint is extended until October 9, 2024. The initial conference remains as scheduled. Ordered by Magistrate Judge Joseph A. Marutollo on 9/24/2024. (JAM)
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ORDER - Due to a change in the Court's calendar, the October 4, 2024 initial conference will now occur on October 3, 2024 at 11:30 a.m. The call-in information remains the same. Ordered by Magistrate Judge Joseph A. Marutollo on 9/15/2024. (JAM)
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Filing 5
SCHEDULING ORDER: A telephonic initial conference will be held on October 4, 2024 at 12:30 p.m. before Magistrate Judge Joseph A. Marutollo. To participate in the conference, the parties shall dial (646) 828-7666; Meeting ID: 161 769 7932; Passcode: 776280. The parties must complete the attached proposed Discovery Plan and Scheduling Order and file it on ECF no later than September 29, 2024. Plaintiff is directed to ensure that all Defendants are aware of this conference. Counsel with knowledge of the case must attend the conference; per diem counsel may not appear without prior permission of the Court. The parties are directed to review this Court's Individual Practices and Rules in advance of the conference. Ordered by Magistrate Judge Joseph A. Marutollo on 9/6/2024. (Attachments: #1 Individual Practices and Rules) (EG)
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| Filing 4 Summons Issued as to FoodScience LLC. (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 2 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) |
| Filing 1 COMPLAINT against FoodScience LLC filing fee $ 405, receipt number ANYEDC-18247512 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Brian Kelly. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Smith, Philip) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Joseph A. Marutollo. 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. (KD) |
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| Defendant: FoodScience LLC doing business as VetriScience Laboratories | |
| Represented By: | Oscar Asiris Figueroa |
| Represented By: | Allan Edward Anderson |
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| Plaintiff: Brian Kelly | |
| Represented By: | Philip M. Smith |
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