Burger King Corporation et al v. BRE DDR IVA HUB NY LLC et al
Plaintiff: Burger King Corporation, Apple West Co. Inc. and Jay Della Monica
Defendant: Site Centers Corp. and BRE DDR IVA HUB NY LLC
Case Number: 2:2021cv00346
Filed: January 21, 2021
Court: US District Court for the Eastern District of New York
Presiding Judge: Gary R Brown
Referring Judge: Steven Tiscione
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 18, 2021 Opinion or Order ORDER re #12 Letter filed by Jay Della Monica, Apple West Co. Inc., Burger King Corporation. The parties' proposed briefing schedule is hereby So Ordered. The parties are reminded that the Court observes the bundling rule and page limits for motion papers. See Rule II. Ordered by Judge Gary R. Brown on 2/18/2021. c/ecf (Johnston, Linda)
February 17, 2021 Filing 12 Letter regarding settlement and proposed briefing schedule for the Motion for Preliminary Injunction by Apple West Co. Inc., Burger King Corporation, Jay Della Monica (Wolfson, Howard)
February 11, 2021 Opinion or Order ORDER granting #11 Motion for Extension of Time to File. Application granted, on consent. Ordered by Judge Gary R. Brown on 2/11/2021. c/ecf (Johnston, Linda)
February 10, 2021 Filing 11 Letter MOTION for Extension of Time to File Joint Report on the Status of Settlement by Apple West Co. Inc., Burger King Corporation, Jay Della Monica. (Wolfson, Howard)
February 4, 2021 Opinion or Order ORDER granting #10 Motion for Extension of Time to File. Application granted, on consent. Ordered by Judge Gary R. Brown on 2/4/2021. c/ecf (Johnston, Linda)
February 3, 2021 Filing 10 MOTION for Extension of Time to File Joint Status Report by BRE DDR IVA HUB NY LLC, Site Centers Corp.. (Hilliard, Craig)
January 29, 2021 Filing 9 Corporate Disclosure Statement by Apple West Co. Inc., Burger King Corporation identifying Corporate Parent Burger King Worldwide, Inc., Corporate Parent Restaurant Brands International, Inc., Corporate Parent Restaurant Brands International Limited Partnership for Burger King Corporation. (Wolfson, Howard)
January 28, 2021 Opinion or Order Filing 8 ORDER re #5 Letter - It is on this 28th day of January, 2021, ORDERED that upon consent of the parties, the temporary restraining order entered by the State Supreme Court under the Order entered 1/4/2021, shall continue in full force and effect until the further order of this Court, and it is FURTHER ORDERED that the parties shall file a joint report with the Court no later than 2/3/2021, to advise the Court whether they have reached a settlement in principle of all claims and issues in dispute; and it is FURTHER ORDERED that all further litigation activities, including any further briefing on Plaintiffs' application for a preliminary injunction and/or the filing of any opposition or reply pleadings by any party, be and hereby are stayed until the further order of this Court; and it is FURTHER ORDERED that nothing in this Consent Order shall preclude any party from making an application to this Court to dissolve or extend the temporary restraints, on appropriate notice and consistent with Fed. R. Civ. P. 65. SO Ordered by Judge Gary R. Brown on 1/28/2021. (Tirado, Chelsea)
January 28, 2021 Filing 7 Corporate Disclosure Statement by Site Centers Corp. (Hilliard, Craig)
January 28, 2021 Filing 6 Corporate Disclosure Statement by BRE DDR IVA HUB NY LLC identifying Corporate Parent BRE DDR Pool A Holdings LLC for BRE DDR IVA HUB NY LLC. (Hilliard, Craig)
January 28, 2021 Filing 5 Letter respectfully requesting that Your Honor So-Order the enclosed Consent Order by Apple West Co. Inc., Burger King Corporation, Jay Della Monica (Attachments: #1 Proposed Consent Order) (Wolfson, Howard)
January 22, 2021 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. (Rodin, Deanna)
January 22, 2021 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
January 22, 2021 Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven Tiscione. 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)
January 21, 2021 Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by BRE DDR IVA HUB NY LLC, Site Centers Corp. (Hilliard, Craig)
January 21, 2021 Filing 1 NOTICE OF REMOVAL by BRE DDR IVA HUB NY LLC, Site Centers Corp. from Supreme Court of the State of NY, Nassau County, case number 615138/2020. Was the Disclosure Statement on Civil Cover Sheet completed -No (Filing fee $402 receipt number ANYEDC-14025547) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Certificate of Service) (Hilliard, Craig) Modified on 1/22/2021 (Rodin, Deanna).
January 21, 2021 Notice: Re: Incomplete Civil Cover Sheet. All questions in the NY-E Division of Business Rule 50.1(d)(2) have to be completed on page 2. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please complete and resubmit current 2 page document which can be found on the court's website. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Rodin, Deanna)

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Defendant: Site Centers Corp.
Represented By: Craig S. Hilliard
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Defendant: BRE DDR IVA HUB NY LLC
Represented By: Craig S. Hilliard
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Plaintiff: Burger King Corporation
Represented By: Howard S. Wolfson
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Plaintiff: Apple West Co. Inc.
Represented By: Howard S. Wolfson
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Plaintiff: Jay Della Monica
Represented By: Howard S. Wolfson
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