State of New York v. Mountain Tobacco Company et al
Plaintiff: State of New York
Defendant: Mountain Tobacco Company, Mountain Tobacco Distributing Company Inc. and Delbert Wheeler , Sr.
Case Number: 2:2012cv06276
Filed: December 21, 2012
Court: US District Court for the Eastern District of New York
Office: Central Islip Office
Presiding Judge: E. Thomas Boyle
Presiding Judge: Arthur D. Spatt
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1331 Fed. Question
Jury Demanded By: None

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Date Filed Document Text
July 21, 2016 Opinion or Order Filing 214 MEMORANDUM & ORDER granting in part and denying in part 195 Motion for Partial Summary Judgment; granting in part and denying in part 197 Motion for Summary Judgment; granting in part and denying in part 198 Motion for Summary Judgment. Fo r the foregoing reasons, King Mountain's motion for summary judgment (Docket Entry 195) is GRANTED IN PART AND DENIED IN PART and the State's motion for summary judgment (Docket Entries 197 and 198) is GRANTED IN PART AND DENIED IN PAR T. Summary judgment is GRANTED in favor of King Mountain on the State's first claim under the CCTA. Summary judgment on the second claim under the PACT Act is DENIED regarding the 2010 sale to Valvo Candies and GRANTED in favor of King M ountain as to the balance of the State's PACT Act claim. With respect to the State's third claim under NYTL Sections 471 and 471-e, summary judgment is GRANTED in favor of King Mountain regarding King Mountain's alleged possessio n of unstamped cigarettes in New York State and GRANTED in favor of the State regarding King Mountain's failure to sell its unstamped cigarettes to licensed stamping agents. Summary judgment is GRANTED in favor of the State on its fourth cla im pursuant to Section 480-b. With respect to the State's fifth claim, summary judgment is GRANTED in favor of the State regarding its claim that King Mountain failed to file certifications pursuant to New York Executive Law Section 156-c and DENIED as to its claim that King Mountain failed to affix the Fire Standards Compliant mark to its cigarette packages. So Ordered by Judge Joanna Seybert on 7/21/2016. C/ECF (Valle, Christine)
January 26, 2016 Opinion or Order Filing 193 MEMORANDUM & ORDER granting 169 Motion to Dismiss for Lack of Jurisdiction; granting 169 Motion to Dismiss for Failure to State a Claim; For the foregoing reasons, defendant Delbert Wheeler, Sr.'s motion to dismiss for lack of personal j urisdiction is GRANTED and the State's claims against Wheeler are DISMISSED WITH PREJUDICE. The Clerk of the Court is directed to TERMINATE defendant Delbert Wheeler, Sr. as a defendant in this action. So Ordered by Judge Joanna Seybert on 1/26/2016. C/ECF (Valle, Christine)
May 29, 2015 Opinion or Order Filing 168 ORDER granting [163, 167] Motion to Compel. Plaintiff's motion to compel discovery is granted as set forth in the attached Order. Defendants shall make a supplemental production consistent with this Order on or before 6/30/15. Ordered by Magistrate Judge Steven I. Locke on 5/29/2015. (Bagnuola, Anthony)
December 16, 2014 Opinion or Order Filing 151 DECISION AND ORDER denying 142 Motion to Dismiss for Lack of Jurisdiction - In sum, the Court denies Wheelers motion pursuant to Rule 12(b)(1) to dismiss the amended complaint as against him for lack of subject matter jurisdiction.So Ordered by Judge Arthur D. Spatt on 12/16/2014. (Coleman, Laurie)
October 8, 2014 Opinion or Order Filing 129 DECISION AND ORDER denying 94 Motion to Dismiss for Failure to State a Claim; For the foregoing reasons, the Court denies that part of Wheelers motion to dismiss for lack of proper service. The Court also denies without prejudice and, with leave to renew following the completion of jurisdictional discovery as to Wheeler, that part of Wheelers motion to dismiss for lack of minimum contacts personal jurisdiction and for failure to state a claim upon which relief can be granted. The parties s hall confer on the appropriate schedule for jurisdictional discovery as to Wheeler and submit a joint letter outlining a proposed schedule to United States Magistrate Judge Steven I. Locke no later than October 22, 2014. Finally, the Court denies as moot Wheelers objections to the July 30, 2014 order issued by Judge Wall denying his motion pursuant to Fed. R. Civ. P. 26(c)(1)(D). So Ordered by Judge Arthur D. Spatt on 10/8/2014. (Coleman, Laurie)
March 4, 2014 Opinion or Order Filing 83 DECISION AND ORDER - It is hereby: ORDERED, that Judge Walls 76 Report and Recommendation is adopted in its entirety. The Clerk of the Court is directed to terminate the 12 motion for a preliminary injunction and reinstate it at the conclusion of discovery. The Clerk of the Court is alsodirected to terminate the accompanying 19 motion for oral argument. So Ordered by Judge Arthur D. Spatt on 3/4/14. (Coleman, Laurie)
July 11, 2013 Opinion or Order Filing 65 MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED, that that the King Mountain's objections to Judge Boyles orders dated May 30th and June 11th, 2013 are denied. So Ordered by Judge Arthur D. Spatt on 7/11/13. (Coleman, Laurie)
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Defendant: Mountain Tobacco Company
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Defendant: Mountain Tobacco Distributing Company Inc.
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Defendant: Delbert Wheeler , Sr.
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Plaintiff: State of New York
Represented By: Dana H. Biberman
Represented By: Marc A. Konowitz
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