Niles et al v. Beverage Marketing USA, Inc. et al

Plaintiff: Kalesha Niles and Jason Lahey
Defendant: Arizona Beverage Company, LLC, Hornell Brewing Co., Inc., Arizona Beverages USA LLC, Arizona Iced Tea LLC and Beverage Marketing USA, Inc.
Consolidated Plaintiff: Nicole Lockhart, Bobbi O'Sullivan and Alexis Jade Hunter
Case Number: 2:2019cv01902
Filed: April 2, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Gary R Brown
Referring Judge: Lee G Dunst
2 Judge: Sandra J Feuerstein
3 Judge: Arlene R Lindsay
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 7, 2023 Filing 83 ORDER DISMISSING CASE: The Clerk of the Court is directed to close this case - Case closed. So Ordered by Judge Gary R. Brown on 3/7/2023. (JC)
March 6, 2023 Filing 82 STIPULATION of Dismissal by Alexis Jade Hunter, Jason Lahey, Nicole Lockhart, Kalesha Niles, Bobbi O'Sullivan (Thairani, Rajiv)
March 6, 2023 ORDER: In light of DE #82 , the Status Conference previously scheduled for 3/7/2023 is CANCELLED. Ordered by Magistrate Judge Lee G. Dunst on 3/6/2023. (CT)
March 1, 2023 ORDER: Since Defendants filed their Answer on 9/13/2021 (DE #52 ), the parties appear to have made insufficient progress in moving this case forward (in contravention of their obligations under Fed. R. Civ. P. 1) and, instead, have engaged in an endless stream of discovery disputes and delays requiring regular intervention by the Court. See, e.g., DE #53 , #57 , #59 , #61 , #62 , #64 , #66 , #75 . Most recently, on 10/31/2022, the undersigned denied the latest motion to compel (DE #75 ) and directed the parties to meet and confer before seeking further assistance from the Court regarding any remaining discovery disputes. See 10/31/2022 Order. Six weeks later, in connection with the parties' joint motion to once again extend the discovery and briefing schedule, the parties advised the Court that they had conferred to resolve discovery disputes as directed by the undersigned and "agreements were reached." DE #77 . In this joint 12/15/2022 submission, the parties advised the Court that Defendants' rolling production would take "several more weeks" and that various depositions were in the process of being scheduled. Id. Based on the parties' joint representations about their claimed progress since 10/31/2022, the Court granted the parties' joint request to extend the schedule once again. See 12/16/2022 Order. The parties then made no further filings for the next two months. On 2/14/2023, the Court ordered the parties to submit a joint status report. See 2/14/2023 Order. In response to the Court's order, the parties filed their joint status report on 2/28/2023. See DE #81 . To the Court's surprise, it appears that there is a continued failure by the parties to move discovery forward in terms of completing document production or scheduling depositions, despite the parties' optimistic representations to the Court more than two months earlier. The Court therefore ORDERS the parties to (1) meet and confer in person or by telephone (and not by email) about their current discovery disputes and any proposed adjustments to the current schedule (including final dates for completion of document production and scheduling of depositions), and (2) submit a joint status report about these discussions to the Court by 3/6/2023 at 12:00PM. Furthermore, the parties shall address in the joint submission whether the Court should appoint a discovery master in this case pursuant to Fed. R. Civ. P. 53(a)(1)(C). See Seggos v. Datre, No. 17-CV-2684 (SJF)(ARL), 2017 WL 11681160, at *2-4 (E.D.N.Y. Dec. 19, 2017) (discussion of legal standards regarding appointment of master and apportionment of costs between the parties). Finally, the parties are reminded that the status conference on 3/7/2023 at 11:00AM will be held in person. DE #73 . Ordered by Magistrate Judge Lee G. Dunst on 3/1/2023. (CT)
February 28, 2023 Filing 81 STATUS REPORT (Filed Jointly) by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. (Donovan, Robert)
February 14, 2023 Filing 80 NOTICE of Appearance by Nicholas Eliades on behalf of Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. (aty to be noticed) (Eliades, Nicholas)
February 14, 2023 Filing 79 NOTICE of Appearance by Nicholas Howard Pennington on behalf of Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. (aty to be noticed) (Pennington, Nicholas)
February 14, 2023 STATUS REPORT ORDER: The parties shall submit a joint status report by 2/28/2023. Ordered by Magistrate Judge Lee G. Dunst on 2/14/2023. (CT)
February 13, 2023 ORDER granting #78 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #78 submitted by Nicholas H. Pennington for Defendants, Arizona Beverages USA LLC, Beverage Marketing USA, Inc., and Hornell Brewing Co., Inc. and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. Ordered by Magistrate Judge Lee G. Dunst on 2/13/2023. (CT)
February 10, 2023 Filing 78 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16396660. by Arizona Beverages USA LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Attachments: #1 Affidavit in Support, #2 Proposed Order) (Pennington, Nicholas)
December 16, 2022 ORDER granting #77 Motion for Extension of Time to Complete Discovery. Plaintiffs' class certification motion shall be served on Defendants by 4/11/2023; depositions of Plaintiffs' class certification experts shall be completed by 6/6/2023; Defendants' opposition to class certification shall be served on Plaintiffs by 6/20/2023; depositions of Defendants' class certification experts shall be completed by 7/24/2023; Plaintiffs' reply to opposition to class certification motion shall be served on Defendants and the full motion briefings shall be filed on ECF by 8/1/2023. SO Ordered by Magistrate Judge Lee G. Dunst on 12/16/2022. (CT)
December 15, 2022 Filing 77 Joint MOTION for Extension of Time to Complete Discovery and to Extend Class Certification Deadlines by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Donovan, Robert)
December 13, 2022 ORDER denying without prejudice #76 Motion for Extension of Time to Complete Discovery. The parties seek an extension of the class certification briefing and discovery schedule, but fail to provide any detailed explanation or support for this request, in violation of the Individual Rules of Magistrate Judge Lee G. Dunst. If the parties seek to renew this application, they shall provide details about discovery conducted to date and what remains to be done. SO Ordered by Magistrate Judge Lee G. Dunst on 12/13/2022. (CT)
December 12, 2022 Filing 76 Joint MOTION for Extension of Time to Complete Discovery Regarding Class Certification Deadlines by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Donovan, Robert)
October 31, 2022 ORDER denying #75 Motion to Compel Defendants' document productions and ESI searches. In reviewing DE #75 , it is clear to the Court that Plaintiffs' requested relief is premature as the parties are still in the midst of the mandatory meet and confer process which should obviate the need for Court intervention and/or narrow the discovery disputes between the parties. For example, Plaintiffs concede, "[d]uring the Parties' most recent meet and confer, Defendants agreed to produce these documents, but Defendant were unable to commit to a date certain for their production." DE #75 (emphasis added). Plaintiffs also acknowledge that "Defendants agreed to make reasonable searches for these documents, to the extent they exist, but Defendants were unable to commit to dates they expect to complete such direct (non-ESI) inquires and to produce such documents." DE #75 (emphasis added). In their portion of DE #75 , Defendants write, "[t]he parties then had a meet and confer on October 18 during which Plaintiffs proposed unworkable deadlines to produce all documents and to complete ESI production. Instead of attempting to work out these issues, Plaintiffs insisted on submitting this letter to the Court. The time required to prepare this submission would have been better devoted to another meet and confer to reach some level of agreement." The Court agrees with Defendants that the parties' efforts would have been much better spent in the meet and confer process rather than crafting an unnecessary submission of nearly 70 pages to the Court. The Court therefore DENIES the motion to compel at DE #75 . The parties shall continue to meet and confer on any open discovery issues (as well as any possible need to adjust the current schedule at DE #73 ordered by the undersigned on 9/7/2022). Finally, the Court reminds the parties of their obligations in the event the parties seek further assistance from the Court regarding any remaining discovery disputes and that the Court will strictly enforce these requirements. See, e.g., Local Civil Rule 26.4; Individual Rule IV.C of Magistrate Judge Lee G. Dunst; Individual Rule IV.D.1. of Magistrate Judge Lee G. Dunst; Fed. R. Civ. P. 26(g); see also Fields v. Bayerische Motoren Werke Aktiengesellschaft, No. 18-cv-2889, 2022 WL 905129, at *3 (E.D.N.Y. Mar. 28, 2022) (rejecting numerous court filings due to the parties' failure to comply with the District Court's Individual Rules); Testaccio v. Rahim, No. 21-cv-1916, 2021 WL 1999411, at *1 (E.D.N.Y. May 19, 2021) (same). SO Ordered by Magistrate Judge Lee G. Dunst on 10/31/2022. (CT)
October 28, 2022 Filing 75 Letter MOTION to Compel Defendants' document productions and ESI searches by Alexis Jade Hunter, Jason Lahey, Nicole Lockhart, Kalesha Niles, Bobbi O'Sullivan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Raab, Stephen)
September 27, 2022 Filing 74 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 7, 2022, before Magistrate Judge Lee G. Dunst. Transcriber AA Express Transcripts, Telephone number 888-456-9716. Email address: contact@aaexpresstranscripts.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/18/2022. Redacted Transcript Deadline set for 10/28/2022. Release of Transcript Restriction set for 12/26/2022. (Santana, Kristiny)
September 7, 2022 Filing 73 Minute Entry for proceedings held on 9/7/2022 before Magistrate Judge Lee G. Dunst: Civil Cause for Status Conference. Counsel for Plaintiff: Stephen M. Raab. Counsel for Defendant: Robert Paul Donovan. FTR #: 9:32-9:49, via Zoom. Case called. Counsel for all sides present. The Court GRANTS the joint proposed schedule in DE #71 : Plaintiffs' class certification motion is due by 2/10/2023; depositions of Plaintiffs' class certification experts shall be completed by 4/7/2023; Defendants' opposition to class certification is due by 4/21/2023; depositions of Defendants' class certification experts shall be completed by 5/24/2023; Plaintiffs' reply to opposition class certification motion is due by 6/2/2023; the deadline for Plaintiffs to produce expert reports is 8/4/2023; the deadline for Defendants to produce expert reports is 10/9/2023; the close of discovery is 11/10/2023; the deadline for joint proposed pretrial order and the final pretrial conference shall be determined at a later date, the first step in disposition motion practice is due by 12/8/2023. Any future requests to amend the pleadings will be denied absent a showing of good cause, pursuant to Fed. R. Civ. P. 16(b)(4). See Sacerdote v. New York University, 9 F. 4th 95, 115 (2d Cir. 2021). The Court will hold a Status Conference on 3/7/2023 at 11:00AM in Courtroom 830, Alfonse M. D'Amato U.S. Courthouse, Central Islip. The parties are reminded to review the Individual Rules of Magistrate Judge Lee G. Dunst and the Individual Practice Rules of Judge Gary R. Brown. SO ORDERED by Magistrate Judge Lee G. Dunst on 9/7/2022. (Tirado, Chelsea)
September 7, 2022 ORDER granting #71 Motion for Extension of Time to Complete Discovery. See #73 Minute Entry for more details. Ordered by Magistrate Judge Lee G. Dunst on 9/7/2022. (Tirado, Chelsea)
September 6, 2022 Filing 72 RESPONSE to Motion re #71 Letter MOTION for Extension of Time to Complete Discovery filed by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Donovan, Robert)
September 6, 2022 ORDER: The Status Conference previously scheduled for 9/7/2022 at 9:30AM will proceed at this time via Zoom. The Court will email parties the Zoom link. SO Ordered by Magistrate Judge Lee G. Dunst on 9/6/2022. (Tirado, Chelsea)
September 2, 2022 Filing 71 Letter MOTION for Extension of Time to Complete Discovery by Alexis Jade Hunter, Jason Lahey, Nicole Lockhart, Kalesha Niles, Bobbi O'Sullivan. (Raab, Stephen)
August 26, 2022 ORDER denying without prejudice #70 Motion for Extension of Time to Complete Discovery. In DE #70 , the parties are seeking to modify the schedule ordered by Magistrate Judge Arlene R. Lindsay on 11/29/2021. The parties are seeking to extend the discovery cut-off date from 5/31/2023 to 11/20/2023 and the date for dispositive motion practice to begin from 6/30/2023 to 12/8/2023. In DE #70 , the parties fail to provide sufficient justification for such lengthy extensions of the deadlines or adequate information regarding the discovery conducted since 11/29/2021. If the parties wish, they may resubmit another motion with additional detail by 9/2/2022 in advance of the previously scheduled 9/7/2022 teleconference. Finally, in connection with any future adjournment requests, the parties are reminded of their obligations under Fed. R. Civ. P. 1 "to secure the just, speedy, and inexpensive determination of every action and proceeding." (emphasis added). SO Ordered by Magistrate Judge Lee G. Dunst on 8/26/2022. (Tirado, Chelsea) Modified to correct a typographical error on 8/26/2022 (Tirado, Chelsea).
August 25, 2022 Filing 70 First MOTION for Extension of Time to Complete Discovery (Joint Letter Motion) by Alexis Jade Hunter, Jason Lahey, Nicole Lockhart, Kalesha Niles, Bobbi O'Sullivan. (Thairani, Rajiv)
August 3, 2022 Filing 69 STATUS REPORT by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. (Attachments: #1 Exhibit A to Joint Status Report) (Donovan, Robert)
July 13, 2022 Filing 68 MOTION to Adjourn Conference Scheduled for August 8, 2022 by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Donovan, Robert)
July 13, 2022 ORDER granting #68 Motion to Adjourn Conference. The Status Conference previously scheduled for 8/8/2022 is ADJOURNED to 9/7/2022 at 9:30AM via the AT&T Teleconference Center; parties should dial 877-402-9753 and enter access code 2785175# at the prompt. SO Ordered by Magistrate Judge Lee G. Dunst on 7/13/2022. (Tirado, Chelsea)
July 1, 2022 Filing 67 NOTICE of Appearance by Rajiv V. Thairani on behalf of Alexis Jade Hunter, Jason Lahey, Nicole Lockhart, Kalesha Niles, Bobbi O'Sullivan (aty to be noticed) (Thairani, Rajiv)
June 24, 2022 SCHEDULING ORDER: In light of the reassignment of this case to Magistrate Judge Lee G. Dunst, the Court will hold a Status Conference on 8/8/2022 at 10:15AM via the AT&T Teleconference Center; parties should dial 877-402-9753 and enter access code 2785175# at the prompt. The parties are directed to file a joint status report no longer than 3 pages in length by 8/3/2022. The report should provide the Court with (1) a brief summary of the nature of the claims and defenses alleged in the case, (2) the current status of discovery, including what additional discovery remains to be conducted and whether there are any anticipated discovery disputes that will require resolution by the Court, and (3) the history of any settlement discussions, including whether there has been any exchange of a demand and offer. The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website. SO Ordered by Magistrate Judge Lee G. Dunst on 6/24/2022. (Tirado, Chelsea) Modified docket entry to change hearing time on 6/24/2022 (Tirado, Chelsea).
June 8, 2022 Case Reassigned to Magistrate Judge Lee G. Dunst. Magistrate Judge Arlene R. Lindsay no longer assigned to the case. 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. (Ortiz, Grisel)
May 9, 2022 Filing 66 ORDER re #62 , #64 : See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 5/9/2022. c/ecf (Imrie, Robert)
April 26, 2022 Filing 65 RESPONSE in Opposition re #64 Letter MOTION to Stay Enforcement of Allen Flavors Subpoena filed by Alexis Jade Hunter, Jason Lahey, Nicole Lockhart, Kalesha Niles, Bobbi O'Sullivan. (Attachments: #1 Exhibit A) (Raab, Stephen)
April 21, 2022 Filing 64 Letter MOTION to Stay Enforcement of Allen Flavors Subpoena by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Donovan, Robert)
April 12, 2022 Filing 63 RESPONSE in Opposition re #62 Letter MOTION to Compel ESI Hit Counts filed by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Attachments: #1 Exhibit A to Defendants' Opposition to Motion to Compel, #2 Exhibit B to Defendants' Opposition to Motion to Compel, #3 Exhibit C to Defendants' Opposition to Motion to Compel, #4 Exhibit D to Defendants' Opposition to Motion to Compel, #5 Exhibit E to Defendants' Opposition to Motion to Compel, #6 Exhibit F to Defendants' Opposition to Motion to Compel, #7 Exhibit G to Defendants' Opposition to Motion to Compel, #8 Exhibit H to Defendants' Opposition to Motion to Compel) (Donovan, Robert)
April 8, 2022 Filing 62 Letter MOTION to Compel ESI Hit Counts by Alexis Jade Hunter, Jason Lahey, Nicole Lockhart, Kalesha Niles, Bobbi O'Sullivan. (Raab, Stephen)
March 8, 2022 Filing 61 ORDER re #59 : See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 3/8/2022. c/ecf (Imrie, Robert)
March 1, 2022 Filing 60 RESPONSE in Opposition re #59 MOTION for Protective Order Regarding Non-Party Subpoena filed by Alexis Jade Hunter, Jason Lahey, Nicole Lockhart, Kalesha Niles, Bobbi O'Sullivan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Raab, Stephen)
February 24, 2022 Filing 59 MOTION for Protective Order Regarding Non-Party Subpoena by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Attachments: #1 Exhibit A (to Discovery Letter Motion), #2 Exhibit B (to Discovery Letter Motion), #3 Exhibit C (to Discovery Letter Motion), #4 Exhibit D (to Discovery Letter Motion), #5 Exhibit E (to Discovery Letter Motion), #6 Exhibit F (to Discovery Letter Motion), #7 Exhibit G (to Discovery Letter Motion), #8 Exhibit H (to Discovery Letter Motion)) (Donovan, Robert)
January 26, 2022 ORDER: The #58 Stipulation and Proposed Order RE Electronic Discovery is approved. Ordered by Magistrate Judge Arlene R. Lindsay on 1/26/2022. c/ecf (Imrie, Robert)
January 25, 2022 Filing 58 STIPULATION and Proposed Order RE Electronic Discovery by Alexis Jade Hunter, Jason Lahey, Nicole Lockhart, Kalesha Niles, Bobbi O'Sullivan (Raab, Stephen)
December 3, 2021 ORDER re #56 : The Stipulated Protective Order is approved. Ordered by Magistrate Judge Arlene R. Lindsay on 12/3/2021. c/ecf (Imrie, Robert)
December 2, 2021 Filing 56 Consent MOTION for Protective Order for Litigation Involving Highly Sensitive Confidential Information and/or Trade Secrets by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Donovan, Robert)
November 29, 2021 Filing 57 Minute Order for proceedings held before Magistrate Judge Arlene R. Lindsay.Conference held on 11/29/2021. Rulings with respect to Doc. #53 placed on the record. Counsel shall meet and confer regarding a revised protective order. The following schedule was agreed to: Deadline for filing motion for joinder of additional parties or amendment of pleadings is January 28, 2022. All discovery, inclusive of expert discovery, to be concluded by May 31, 2023. Any party planning on making a dispositive motion must take the first step in the motion process by June 30, 2023. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, on or before June 27, 2023. A final conference is scheduled for June 29, 2023 at 11:30 a.m. c/ecf (Imrie, Robert) Modified on 12/3/2021 (Imrie, Robert).
November 16, 2021 ORDER: Due to a change in the Court's calendar the November 17, 2021 conference is adjourned to November 29, 2021 at 11:30 a.m. The Court will initiate the conference call. The parties are directed to dial (888) 278-0296 prior to the scheduled time to access the call center. At the prompt enter access code 9424335. Ordered by Magistrate Judge Arlene R. Lindsay on 11/16/2021. c/ecf (Imrie, Robert)
November 12, 2021 Filing 55 RESPONSE in Opposition re #53 Letter MOTION for Protective Order filed by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Attachments: #1 Declaration of Don Vultaggio Opposing Plaintiffs' Motion Regarding Proposed Protective Order and in Support of Defendants' Cross-Motion, #2 Exhibit A to Vultaggio Declaration) (Donovan, Robert)
November 12, 2021 Filing 54 Letter Addressing Scheduling by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. (Donovan, Robert)
November 9, 2021 Filing 53 Letter MOTION for Protective Order by Alexis Jade Hunter, Jason Lahey, Nicole Lockhart, Kalesha Niles, Bobbi O'Sullivan. (Raab, Stephen)
October 29, 2021 ORDER: A scheduling conference is scheduled for November 17, 2021 at 12:15 p.m. The Court will initiate the conference call. The parties are directed to dial (888) 278-0296 prior to the scheduled time to access the call center. At the prompt enter access code 9424335. The parties are directed to submit a proposed schedule on or before November 12, 2021. Ordered by Magistrate Judge Arlene R. Lindsay on 10/29/2021. c/ecf (Imrie, Robert)
September 13, 2021 Filing 52 Defendants' ANSWER to #35 Amended Complaint by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Donovan, Robert)
August 30, 2021 ORDER ADOPTING REPORT AND RECOMMENDATIONS in case 2:19-cv-05345-GRB-ARL; granting in part and denying in part (40) Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations at to Motion to Dismiss (46) in case 2:19-cv-01902-GRB-ARL.Presently before the Court is the Report and Recommendation of Magistrate Judge Arlene R. Lindsay, recommending that the Court grant in part and deny in part the pending motions to dismiss. In reviewing a Report and Recommendation, the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. 636(b)(1). Where a party makes specific and timely objections to findings or recommendations of a Magistrate Judge as to dispositive motions, the district court must apply a de novo standard of review to the portions of the R&R to which the objection is made. Fed. R. Civ. P. 72(b); see LLC v. Doe 3, 604 F.3d 110, 116 (2d Cir. 2010); see also 28 U.S.C. 636(b)(1). However, "general or conclusory objections, or objections which merely recite the same arguments presented to the magistrate judge, are reviewed for clear error." Caldarola v. Town of Smithtown, No. 09-cv-272, 2011 U.S. Dist. LEXIS 37280, at *1 (E.D.N.Y. Apr. 4, 2011). Because the objections consist of general conclusory arguments and issues that were presented to the Magistrate Judge, the undersigned reviews the Report and Recommendation for clear error.This Court has conducted a careful review of the Report and Recommendation, as well carefully considered the objections thereto and the responses to those objections. The objections fail to raise any colorable error in the Report and Recommendation and principally restate the conclusory arguments set forth in the underlying motion papers. Plaintiff, for its part, challenges only the determination that they have failed to adequately allege standing to assert a basis for injunctive relief. One need look no further than the Second Circuit's decision in Barilla to recognize that this argument is fundamentally flawed. Defendants' objections include a preemption argument as well as a series of arguments which appear to object to the "evidentiary effect" of the R&R. As this is a Rule 12 motion, such arguments ring hollow. Thus, the criticisms of the Magistrate Judges careful review and determination of this matter are not well placed. Therefore, upon examination of the Report and Recommendation pursuant to 28 U.S.C. 636(b) and Fed. R. Civ. P. 72, this Court finds the Report and Recommendation to be exceedingly thorough, well-reasoned and free from clear error. 28 U.S.C. 636(b)(1)(B); Fed. R. Civ. P. 72(b); see Caldarola, 2011 U.S. Dist. LEXIS 37280, at *1; see also Thomas v. Arn, 474 U.S. 140, 150 (1985); Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002); Piroleau v. Caserta, No. 10-CV-5670 (SJF), 2012 WL 5389931, at *1 (E.D.N.Y. Oct. 29, 2012). Accordingly, the Court adopts the Report and Recommendation, in its entirety.Ordered by Judge Gary R. Brown on 8/30/2021. Associated Cases: 2:19-cv-01902-GRB-ARL, 2:19-cv-05345-SJF-ARL (Brown, Gary)
August 20, 2021 Filing 51 REPORT of Rule 26(f) Planning Meeting (Raab, Stephen)
August 16, 2021 Filing 50 MEMORANDUM in Opposition re #48 Objection to Report and Recommendations, filed by Alexis Jade Hunter, Jason Lahey, Nicole Lockhart, Kalesha Niles, Bobbi O'Sullivan. (Raab, Stephen)
August 16, 2021 Filing 49 MEMORANDUM in Opposition re #47 Objection to Report and Recommendations filed by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Donovan, Robert)
August 2, 2021 Filing 48 OBJECTION to #46 Report and Recommendations filed by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Attachments: #1 Declaration of Dean Angel) (Donovan, Robert)
August 2, 2021 Filing 47 OBJECTION to #46 Report and Recommendations filed by Alexis Jade Hunter, Jason Lahey, Nicole Lockhart, Kalesha Niles, Bobbi O'Sullivan. (Raab, Stephen)
July 19, 2021 Filing 46 REPORT AND RECOMMENDATIONS re #40 : See the attached Order for details.Signed by Magistrate Judge Arlene R. Lindsay on 7/19/2021. c/ecf (Imrie, Robert)
June 16, 2021 ORDER re #40 MOTION to Dismiss for Failure to State a Claim and to Strike Nationwide Class Action Claims filed by Arizona Beverages USA LLC, Arizona Iced Tea LLC, Arizona Beverage Company, LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. On 6/3/2021 the case was randomly reassigned to Judge Gary R. Brown. The motion to dismiss, DE 40 remains referred to the assigned Magistrate Judge for Report and Recommendation. Ordered by Judge Gary R. Brown on 6/16/2021. c/ecf (Johnston, Linda)
June 3, 2021 Case randomly reassigned to Judge Gary R. Brown. Judge Sandra J. Feuerstein no longer assigned to the case. 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. (Florio, Lisa)
June 3, 2021 NOTICE: Whereas one or more parties does not consent to jurisdiction by a Magistrate Judge for all purposes. Pursuant to 28 U.S.C. 636(c)(1), this case will be randomly assigned to a District Judge and will remain referred to Magistrate Judge Arlene R. Lindsay for all pretrial, non-dispositive matters. (Florio, Lisa)
May 3, 2021 Filing 45 NOTICE regarding # Administrative Order No. 2021-08 In Re: Matter of Cases Previously Assigned to the Honorable Sandra J. Feuerstein. As set forth in Admin. Order No. 2021-08, the duty to respond to the order is mandatory. Each party must indicate their intent by completing the attached Election Form and returning it to the Clerk's Office within thirty (30) days of the date of the order. In the case of a newly added party, such party has thirty days from the date of appearance in the case in which to return their election form. Election Forms are NOT to be filed via ECF. They are to be sent to the Clerk of Court via email to consent@nyed.uscourts.gov or via United States mail to: United States District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722.CF. They are to be sent to the Clerk of Court via email to consent@nyed.uscourts.gov or via United States mail to: United States District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722. (Florio, Lisa)
April 12, 2021 NOTICE of Hearing: The conference scheduled to be held before Judge Feuerstein on 6/8/2021 is adjourned without date. c/ECF (Ortiz, Grisel)
March 26, 2021 ORDER re #44 : Motion to Substitute Attorney. Attorney Dennis O'Neil Cowling and Kathleen N. Fennelly terminated. Ordered by Magistrate Judge Arlene R. Lindsay on 3/26/2021. c/ecf (Imrie, Robert)
March 25, 2021 Filing 44 NOTICE of Consent to Change Attorney by Robert Paul Donovan (Donovan, Robert) Modified on 3/26/2021 (Imrie, Robert).
February 18, 2021 ORDER: The conference scheduled for 2/24/2021 is adjourned to 6/8/2021 at 10:00 am. At that time, the parties are directed to call the teleconferencing number (877) 336-1280 and follow the automated instructions; The access code is 7215690. Ordered by Judge Sandra J. Feuerstein on 2/18/2021. (Schiraldi, Patricia)
February 17, 2021 ORDER Re #42 : The Motion to Substitute Attorney is denied with leave to renew. The renewed application must contain the client's signature consenting to the substitution. Ordered by Magistrate Judge Arlene R. Lindsay on 2/17/2021. c/ecr (Imrie, Robert)
February 16, 2021 Filing 43 NOTICE of Appearance by John Nicholas Visconi II on behalf of Arizona Beverages USA LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. (aty to be noticed) (Visconi II, John)
February 15, 2021 Filing 42 NOTICE of Consent to Change Attorney by Robert Paul Donovan (Donovan, Robert) Modified on 2/17/2021 (Imrie, Robert).
December 22, 2020 Filing 41 NOTICE of Change of Office Address for Stephen M. Raab Once the filing has been made, you must login to www.pacer.gov and update your account. (Raab, Stephen)
October 5, 2020 Filing 40 MOTION to Dismiss for Failure to State a Claim and to Strike Nationwide Class Action Claims by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Attachments: #1 Declaration of Counsel in Support of Motion to Dismiss, #2 Exhibit A to Declaration of Counsel, #3 Exhibit B to Declaration of Counsel, #4 Declaration of Dean Angel in Support of Motion to Dismiss, #5 Exhibit A to Declaration of Dean Angel, #6 Exhibit B to Declaration of Dean Angel, #7 Memorandum in Support of Motion to Dismiss, #8 Proposed Order Granting Defendants' Motion to Dismiss and Dismissing Plaintiffs' Amended Complaint, #9 Memorandum in Opposition to Defendants' Motion to Dismiss, #10 Defendants' Memorandum in Reply to Plaintiffs' Opposition) (Donovan, Robert)
October 5, 2020 ORDER REFERRING MOTION: #40 MOTION to Dismiss for Failure to State a Claim and to Strike Nationwide Class Action Claims filed by Arizona Beverages USA LLC, Arizona Iced Tea LLC, Arizona Beverage Company, LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. The motion is respectfully referred to the Magistrate Judge for report and recommendation. The telephone status conference scheduled for 10/6/20 is adjourned to 2/24/21 at 10:30 a.m. Ordered by Judge Sandra J. Feuerstein on 10/5/2020. Motions referred to Arlene R. Lindsay. (Disbrow, Sandra)
October 2, 2020 Filing 39 Letter Serving Defendants' Memorandum in Reply to Plaintiffs' Opposition to Defendants' Motion to Dismiss the Amended Complaint by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. (Donovan, Robert)
September 21, 2020 Filing 38 Letter forwarding Plaintiffs' opposition to Defendants' motion to dismiss by Alexis Jade Hunter, Jason Lahey, Nicole Lockhart, Kalesha Niles, Bobbi O'Sullivan (Raab, Stephen)
September 10, 2020 Filing 37 Letter to Judge Feuerstein regarding extension of motion briefing schedule by Alexis Jade Hunter, Jason Lahey, Nicole Lockhart, Kalesha Niles, Bobbi O'Sullivan (Raab, Stephen)
August 31, 2020 Filing 36 Letter Serving Defendants' Motion to Dismiss Plaintiffs' Amended Complaint and to Strike Nationwide Class Claims by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. (Donovan, Robert)
July 31, 2020 Filing 35 AMENDED COMPLAINT against Arizona Beverages USA LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc., filed by Bobbi O'Sullivan, Alexis Jade Hunter, Jason Lahey, Nicole Lockhart, Kalesha Niles. (Raab, Stephen)
July 30, 2020 ORDER granting #34 : The defendants' time to respond to the amended complaint is extended to 8/31/2020. Ordered by Magistrate Judge Arlene R. Lindsay on 7/30/2020. c/ecf (Miller, Dina)
July 29, 2020 Filing 34 Letter MOTION for Extension of Time to File Answer or Other Responsive Pleading to Amended Complaint (on Consent) by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Donovan, Robert)
July 2, 2020 Filing 33 NOTICE by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. of Withdrawal by Demler Armstrong & Rowland, LLP Only (Donovan, Robert)
June 30, 2020 Filing 32 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Civil Cause for Status Conference held on 6/30/2020: Plaintiff - Steven Raab present; Defendant - Robert Donovan and Kathleen Fennelly present; Case called. OTHER Plaintiff to serve and file an amended complaint by 7/31/2020. A telephone conference is scheduled before Judge Feuerstein on 10/6/2020 at 11:00 am. At that time, the parties are directed to call the teleconferencing number (877) 336-1280 and follow the automated instructions. The access code is 7215690 (Cubano, Jazmin)
June 24, 2020 Filing 31 ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the foregoing reasons, the Report is adopted in its entirety. Defendants motion to dismiss, DE #21 , is granted in part and denied in part. Plaintiffs may serve an amended complaint consistent with this Order no later than July 31, 2020. SEE ATTACHED ORDER FOR FURTHER DETAILS. So Ordered by Judge Sandra J. Feuerstein on 6/24/2020. (Cubano, Jazmin) (Main Document 31 replaced on 6/30/2020) (Cubano, Jazmin).
June 12, 2020 Electronic ORDER:The conference scheduled for 6/18/20 is adjourned to 6/30/20 at 11:00 a.m. and is converted to a telephone conference. At the appointed time, the parties are directed to call the teleconferencing number (877) 336-1280 and follow the automated instructions. The access code is 7215690. Ordered by Judge Sandra J. Feuerstein on 6/12/2020. (Disbrow, Sandra)
May 14, 2020 Filing 30 REPLY in Opposition re #26 Objection to Report and Recommendations, filed by Jason Lahey, Kalesha Niles. (Raab, Stephen)
May 14, 2020 Filing 29 REPLY in Opposition to Plaintiffs' Objections to Report and Recommendation filed by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Donovan, Robert)
May 12, 2020 Electronic ORDER denying [] Motion to Continue; denying [] Motion for Hearing as moot in light of the consolidation. Ordered by Judge Sandra J. Feuerstein on 5/12/2020. (Disbrow, Sandra)
May 11, 2020 Case Consolidated. (Cubano, Jazmin)
May 8, 2020 Filing 28 ORDER granting Motion to Consolidate Cases: Upon consolidation, the Clerk of Court is directed to close case no. 19-cv-5345. All future filings shall be docketed ONLY on case no. 19cv1902. So Ordered by Judge Sandra J. Feuerstein on 5/8/2020. (Cubano, Jazmin)
April 30, 2020 Letter MOTION for Hearing request for a Status Conference by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Cubano, Jazmin) Motion was pending on closed member case 19-cv-5345; See DE 50 for details.
April 30, 2020 Filing 27 OBJECTION to #25 Report and Recommendations dated April 16, 2020 Regarding Defs' Motion to Dismiss filed by All Plaintiffs. (Raab, Stephen)
April 30, 2020 Filing 26 OBJECTION to #25 Report and Recommendations of Hon. Arlene R.Lindsay, U.S.M.J., dated April 16, 2020 Regarding Defendants' Motion to Dismiss filed by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Donovan, Robert)
April 28, 2020 Electronic ORDER: The status conference scheduled for 5/6/20 is adjourned to 6/18/20 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse. Ordered by Judge Sandra J. Feuerstein on 4/28/2020. (Disbrow, Sandra)
April 16, 2020 Filing 25 REPORT AND RECOMMENDATIONS re #21 : See attached report for details. Signed by Magistrate Judge Arlene R. Lindsay on 4/16/2020. c/ecf (Miller, Dina)
February 3, 2020 ORDER granting #24 Motion to Withdraw as Attorney. Attorney Kristen Simplicio terminated. Ordered by Magistrate Judge Arlene R. Lindsay on 2/3/2020. c/ecf (Imrie, Robert)
January 31, 2020 Filing 24 NOTICE by Jason Lahey, Kalesha Niles (Withdrawal of Kristen Simplicio as Attorney of Record) (Simplicio, Kristen) Modified on 2/3/2020 (Imrie, Robert).
January 22, 2020 Letter MOTION to Continue to Judge Feuerstein Requesting a Status Conference by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Cubano, Jazmin) Motion is pending on closed member case 19-cv-5345; See DE 48 for details.
January 3, 2020 Electronic ORDER: The status conference scheduled for 1/8/20 is adjourned to 5/6/20 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse. Ordered by Judge Sandra J. Feuerstein on 1/3/2020. (Disbrow, Sandra)
November 5, 2019 ORDER REFERRING MOTION: #21 MOTION to Dismiss for Failure to State a Claim filed by Defendants is respectfully referred to Magistrate Judge Lindsay for report and recommendation. Ordered by Judge Sandra J. Feuerstein on 11/5/2019. Motions referred to Arlene R. Lindsay. (Disbrow, Sandra)
October 24, 2019 Filing 23 Minute Entry for proceedings held on 10/24/2019 before Judge Sandra J. Feuerstein: Civil Cause for Initial Conference. Counsel for Plaintiff: Kristen Simplicio. Counsel for Defendant: Robert Donovan and Kathleen Fennelly. Case called. Motion #21 is referred to the assigned magistrate judge for a report and recommendation. A further status conference is scheduled for 1/8/2020 at 11:15AM before Judge Sandra J. Feuerstein in Courtroom 1010. (Tirado, Chelsea) Modified on 11/6/2019 (Morabito, Bryan).
September 19, 2019 Notice of Related Case: 19-cv-5345-PKC-SJB, see docket entry no. 17, page 13. (Cox, Dwayne)
September 16, 2019 ORDER granting #22 Motion to Adjourn Conference. The initial conference scheduled for 9/18/19 is adjourned to 10/24/19 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse. Ordered by Judge Sandra J. Feuerstein on 9/16/2019. (Disbrow, Sandra)
September 13, 2019 Filing 22 Joint MOTION to Adjourn Conference (Sept 18 conference to October) by Jason Lahey, Kalesha Niles. (Simplicio, Kristen)
September 9, 2019 Filing 21 MOTION to Dismiss for Failure to State a Claim by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Attachments: #1 Memorandum in Support of Defendants' Motion to Dismiss, #2 Proposed Order, #3 Memorandum in Opposition Plaintiffs' Memorandum in Opposition to Defendants' Motion to Dismiss, #4 Declaration of Seth Safier in Support of Plaintiffs' Opposition to Motion to Dismiss, #5 Defendants' Reply to Plaintiffs' Opposition to Motion to Dismiss) (Donovan, Robert)
September 6, 2019 Filing 20 Letter to Plaintiffs' Counsel Serving Defendants' Memorandum of Law in Reply to Plaintiffs' Opposition to Motion to Dismiss by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. (Donovan, Robert)
August 27, 2019 Filing 19 Letter on consensual briefing schedule by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. (Donovan, Robert)
August 26, 2019 Filing 18 NOTICE of Appearance by Seth Safier on behalf of Jason Lahey, Kalesha Niles (notification declined or already on case) (Safier, Seth)
August 26, 2019 Filing 17 NOTICE of Appearance by Kristen Simplicio on behalf of Jason Lahey, Kalesha Niles (notification declined or already on case) (Simplicio, Kristen)
August 14, 2019 ORDER re #15 , #16 : The Motions of Kristen Simplicio and Seth Safier for Leave to Appear Pro Hac Vice are granted. The attorneys shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorneys shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorneys shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 8/14/2019. c/ecf (Imrie, Robert)
August 13, 2019 Filing 16 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11757810. by Jason Lahey, Kalesha Niles. (Attachments: #1 Affidavit, #2 CA bar certificate) (Safier, Seth)
August 13, 2019 Filing 15 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11757505. by Jason Lahey, Kalesha Niles. (Attachments: #1 Affidavit in Support, #2 CA bar certificate, #3 DC bar certificate) (Simplicio, Kristen)
August 1, 2019 Filing 14 Letter forwarding Plaintiffs' Opposition to Defendants' Motion to Dismiss by Jason Lahey, Kalesha Niles (Raab, Stephen)
July 8, 2019 Filing 13 NOTICE of Appearance by Kathleen N. Fennelly on behalf of Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. (notification declined or already on case) (Fennelly, Kathleen)
July 8, 2019 ORDER granting #12 The Motion of Kathleen N. Fennelly for Leave to Appear Pro Hac Vice for defendants is granted. 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 that the 150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 7/8/2019. c/ecf (Miller, Dina)
July 3, 2019 Filing 12 MOTION to Appear Pro Hac Vice by Kathleen N. Fennelly, Esq. Filing fee $ 150, receipt number ANYEDC-11634507. by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Attachments: #1 Affidavit of Kathleen N. Fennelly in Support of Motion for Pro Hac Vice Admission, #2 Proposed Order) (Fennelly, Kathleen)
June 27, 2019 Filing 11 MOTION for Extension of Time to File Response/Reply as to #9 Letter, (Motion to Dimiss Briefing Schedule) by Jason Lahey, Kalesha Niles. (Raab, Stephen)
June 27, 2019 Electronic ORDER denying #11 Motion for Extension of Time to File Response/Reply to the extent that by operation of this Court's Individual Rules, consensual briefing schedules are not "so ordered." Where no briefing schedule has been set by the Court, the parties may agree to extend the briefing deadlines without leave of the Court by filing a letter or stipulation informing the Court of their consensual briefing schedule. See Rule 4(D)(i). The letter satisfies the notice requirement.Ordered by Judge Sandra J. Feuerstein on 6/27/2019. (Disbrow, Sandra)
June 14, 2019 Filing 10 Corporate Disclosure Statement by Hornell Brewing Co., Inc. identifying Corporate Parent Beverage Marketing USA, Inc. for Hornell Brewing Co., Inc.. (Donovan, Robert)
June 13, 2019 Filing 9 Letter to Plaintiffs' Counsel Serving Defendants' Motion to Dismiss Plaintiffs' Complaint by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. (Donovan, Robert)
May 15, 2019 Filing 8 NOTICE of Appearance by Robert Paul Donovan on behalf of Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. (notification declined or already on case) (Donovan, Robert)
May 15, 2019 ORDER re #7 : The Motion of Robert Donovan for Leave to Appear Pro Hac Vice is granted. 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 that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee.Ordered by Magistrate Judge Arlene R. Lindsay on 5/15/2019. c/ecf (Imrie, Robert)
May 14, 2019 Filing 7 MOTION to Appear Pro Hac Vice for Robert P. Donovan, Esq. Filing fee $ 150, receipt number ANYEDC-11477885. by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Attachments: #1 Affidavit in Support of Motion for Admission of Attorney Pro Hac Vice, #2 Proposed Order) (Donovan, Robert)
May 7, 2019 ORDER re #6 : The time for All Defendants to answer, move or otherwise respond to the complaint is extended to and including June 13, 2019. Ordered by Magistrate Judge Arlene R. Lindsay on 5/7/2019. c/ecf (Imrie, Robert)
May 6, 2019 Filing 6 Letter MOTION for Extension of Time to File Answer re #1 Complaint, on consent, by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Cowling, Dennis)
April 26, 2019 ORDER re #5 : The Motion of Marie McCrary for Leave to Appear Pro Hac Vice is granted. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee.Ordered by Magistrate Judge Arlene R. Lindsay on 4/26/2019. c/ecf (Imrie, Robert)
April 25, 2019 Filing 5 MOTION to Appear Pro Hac Vice Marie McCrary Filing fee $ 150, receipt number ANYEDC-11419163. by Jason Lahey, Kalesha Niles. (Attachments: #1 Affidavit McCrary Affidavit in Support of Motion for PHV, #2 California Certificate of Good Standing, #3 Colorado Certificate of Good Standing, #4 Massachusetts Certificate of Good Standing, #5 Texas Certificate of Good Standing) (McCrary, Marie)
April 4, 2019 NOTICE of Hearing: Initial Conference set for 9/18/2019 at 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein at the Central Islip Courthouse, located at 100 Federal Plaza, Central Islip, New York 11722. The parties shall appear with authority, or with individuals with authority, to settle this matter. Plaintiff(s) shall serve a copy of this Notice of Hearing upon defendant(s) and file proof of such service with the Court. c/ECF. (Disbrow, Sandra)
April 3, 2019 Filing 4 Summons Issued as to All Defendants. (Attachments: #1 Summons Hornell Brewing Co., Inc., #2 Summons Arizona Beverage Company LLC, #3 Summons Arizona Beverages USA LLC, #4 Summons Arizona Iced Tea LLC) (Rodin, Deanna)
April 3, 2019 Filing 3 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. (Rodin, Deanna)
April 3, 2019 Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
April 3, 2019 Case Assigned to Judge Sandra J. Feuerstein and Magistrate Judge Arlene R. Lindsay. 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. (Rodin, Deanna)
April 2, 2019 Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-11346014 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Kalesha Niles, Jason Lahey. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons to Beverage Marketing USA, Inc., #3 Proposed Summons to Hornell Brewing Co., Inc., #4 to Arizona Beverage Company LLC, #5 to Arizona Beverages USA LLC, #6 to Arizona Iced Tea LLC) (Raab, Stephen)

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Search for this case: Niles et al v. Beverage Marketing USA, Inc. et al
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Defendant: Arizona Beverage Company, LLC
Represented By: Dennis O'Neil Cowling
Represented By: Kathleen N. Fennelly
Represented By: Robert Paul Donovan
Represented By: Derek Henry Lim
Represented By: Nicholas Eliades
Represented By: Nicholas Howard Pennington
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Defendant: Hornell Brewing Co., Inc.
Represented By: Kathleen N. Fennelly
Represented By: Robert Paul Donovan
Represented By: Dennis O'Neil Cowling
Represented By: Derek Henry Lim
Represented By: John Nicholas Visconi II
Represented By: Nicholas Eliades
Represented By: Nicholas Howard Pennington
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Defendant: Arizona Beverages USA LLC
Represented By: Kathleen N. Fennelly
Represented By: Robert Paul Donovan
Represented By: Dennis O'Neil Cowling
Represented By: Derek Henry Lim
Represented By: John Nicholas Visconi II
Represented By: Nicholas Eliades
Represented By: Nicholas Howard Pennington
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Defendant: Arizona Iced Tea LLC
Represented By: Kathleen N. Fennelly
Represented By: Robert Paul Donovan
Represented By: Dennis O'Neil Cowling
Represented By: Nicholas Howard Pennington
Represented By: Derek Henry Lim
Represented By: Nicholas Eliades
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Defendant: Beverage Marketing USA, Inc.
Represented By: Kathleen N. Fennelly
Represented By: Robert Paul Donovan
Represented By: Dennis O'Neil Cowling
Represented By: David Allen Ring
Represented By: Derek Henry Lim
Represented By: John Nicholas Visconi II
Represented By: Nicholas Eliades
Represented By: Nicholas Howard Pennington
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Plaintiff: Kalesha Niles
Represented By: Stephen M. Raab
Represented By: Marie McCrary
Represented By: Kristen Simplicio
Represented By: Rajiv V. Thairani
Represented By: Seth Safier
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Plaintiff: Jason Lahey
Represented By: Stephen M. Raab
Represented By: Marie McCrary
Represented By: Kristen Simplicio
Represented By: Rajiv V. Thairani
Represented By: Seth Safier
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Consolidated plaintiff: Nicole Lockhart
Represented By: Adam Gutride
Represented By: Marie Ann McCrary
Represented By: Rajiv V. Thairani
Represented By: Seth Safier
Represented By: Stephen M. Raab
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Consolidated plaintiff: Bobbi O'Sullivan
Represented By: Marie McCrary
Represented By: Seth Safier
Represented By: Adam Gutride
Represented By: Rajiv V. Thairani
Represented By: Stephen M. Raab
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Consolidated plaintiff: Alexis Jade Hunter
Represented By: Adam Gutride
Represented By: Rajiv V. Thairani
Represented By: Stephen M. Raab
Represented By: Marie McCrary
Represented By: Seth Safier
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