Gurcharan Brothers Oil Co., Inc. v. SEI Fuel Services, Inc. et al
| Gurcharan Brothers Oil Co., Inc. and Gurcharan and Brothers Oil Company Inc. |
| SEI Fuel Services, Inc. and 7-Eleven, Inc. |
| 2:2022cv03345 |
| June 7, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| James M Wicks |
| Other Statutory Actions |
| 15 U.S.C. § 2801 Petroleum Marketing Practices Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 19, 2022. A more recent docket listing may be available from PACER.
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ORDER. The Court is in receipt of Defendants' letter #36 withdrawing the cross-motion for a permanent injunction/summary judgment. Accordingly, the briefing schedule set at the June 27, 2022 hearing is hereby terminated. Ordered by Magistrate Judge James M. Wicks on 7/19/2022. (Weinstein, Tracy)
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Filing 37
First ANSWER to #19 Answer to Complaint,, Counterclaim, Answer to Counteclaims by Gurcharan Brothers Oil Co., Inc.. (Robinson, Kenneth)
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Filing 36
MOTION to Withdraw: Letter to the Court by 7-Eleven, Inc., SEI Fuel Services, Inc. (Furrer, Urs) Modified on 7/19/2022 to change event type to Motion to Withdraw. (Flanagan, Doreen).
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Filing 35
SCHEDULING ORDER: Please See Order for Further Details. So Ordered by Magistrate Judge James M. Wicks on 7/13/2022. (Flanagan, Doreen)
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Filing 34
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE. Counsel for Plaintiff: Kenneth L. Robinson. Counsel for Defendant: Urs Broderick Furrer. Initial Conference Hearing held on 7/13/2022 at 4:30 PM. Following discussion with counsel and review of the submitted worksheet, the Court adopted a Scheduling Order which is attached at DE #35 . Defense Counsel advised that he intends to confer with his client regarding whether they intend to withdraw the motion seeking a permanent injunction (DE 21-10). Accordingly, Defense Counsel's application for a two-week of extension of the deadlines to file opposition and reply papers was granted. Any opposition to the motion shall be filed on or before August 1, 2022, and reply papers shall be filed on or before August 9, 2022. On or before July 20, 2022, Defense Counsel shall file a letter to the Court advising whether DE 21-10 will be withdrawn. A Status Conference has been scheduled for November 3, 2022 at 10:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. A Final Pretrial Conference has been scheduled for February 27, 2023 at 2:30 PM in Courtroom 1020. A joint proposed pretrial order in compliance with the undersigned's requirements and signed by counsel for each party must be received by the undersigned 5 business days prior tothis conference. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #4:30-4:41 (Video).) (Flanagan, Doreen)
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Filing 33
ORDER granting #32 Motion for Protective Order. So Ordered by Magistrate Judge James M. Wicks on 7/13/2022. (Flanagan, Doreen)
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Filing 32
MOTION for Protective Order and REPORT of Rule 26(f) Planning Meeting (Attachments: #1 Proposed Protective Order) (Furrer, Urs) Modified on 7/13/2022 to change event type to Motion for Protective Order. (Flanagan, Doreen).
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Filing 31
Preliminary Injunction BOND in the amount of $ $10,000.00 posted by Gurcharan Brothers Oil Co., Inc. (Robinson, Kenneth)
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Filing 30
MEMORANDUM DECISION AND ORDER: Plaintiff's application for a preliminary injunction #4 is granted in accordance with the attached Order (See DE #30 for further details), and subject to and conditioned upon Plaintiff obtaining and filing with the Court on or before July 11, 2022, proof of securing the Bond in the amount of $10,000. Failure to do so on or before that date will result in the automatic vacatur of the preliminary injunction. An Initial Conference is scheduled for July 13, 2022 at 4:30 PM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. The parties shall complete the attached Rule 26(f) worksheet and file a completed proposed worksheet on or before July 11, 2022. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 6/30/2022. (Attachments: #1 Proposed Rule 26(f) Scheduling Order) (Flanagan, Doreen) Modified on 6/30/2022 to revise docket entry text to Memorandum Decision and Order (Flanagan, Doreen).
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Filing 29
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 27, 2022, before Judge James M. Wicks. Transcriber: Elizabeth Barron/Aria Services, Inc.. Email address: aria@leinen.net. Tape Number: 10:06-11:26 (FTR). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/20/2022. Redacted Transcript Deadline set for 7/30/2022. Release of Transcript Restriction set for 9/27/2022. (Flanagan, Doreen) (Main Document 29 replaced on 6/29/2022 with revised transcript received from Elizabeth Barron via Email which corrected typographical errors) (Flanagan, Doreen).
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Filing 28
ORDER granting #24 Motion for Extension of Time to Answer. Plaintiff's time within which to respond to the counterclaims is extended to and including July 25, 2022. So Ordered by Magistrate Judge James M. Wicks on 6/29/2022. (Flanagan, Doreen)
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Filing 27
Letter in further opposition to bond by Gurcharan Brothers Oil Co., Inc. (Attachments: #1 Exhibit) (Robinson, Kenneth)
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Filing 26
Letter in opposition to posting a bond by Gurcharan Brothers Oil Co., Inc. (Attachments: #1 Exhibit, #2 Exhibit) (Robinson, Kenneth)
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Filing 25
Letter to Hon. james M. Wicks by 7-Eleven, Inc., SEI Fuel Services, Inc. (Furrer, Urs)
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Filing 24
MOTION for Extension of Time to File Answer: Letter First request to extend time to serve Answer counterclaims by Gurcharan Brothers Oil Co., Inc. (Robinson, Kenneth) Modified on 6/29/2022 to change event type to Motion for Extension of Time to File Answer. (Flanagan, Doreen).
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Filing 23
ORDER TO SHOW CAUSE: See Order for Further Details. So Ordered by Magistrate Judge James M. Wicks on 6/27/2022. (Flanagan, Doreen)
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Filing 22
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR SHOW CAUSE HEARING. Counsel for Plaintiff: Kenneth L. Robinson, Esq. Counsel for Plaintiff Accompanied By: Ekam Cattry (President of Gurcharan Brothers Oil Co., Inc.). Counsel for Defendant: Urs Broderick Furrer, Esq. Show Cause Hearing held on 6/27/2022 at 10:00 AM on Plaintiff's motion [DE 4] seeking injunctive relief. The parties' arguments were heard. The Court reserved its decision and will issue a separate Order. On or before June 29, 2022 at 12:00 PM, the parties shall file respective letter briefs addressing whether Plaintiff is required to post a bond/security in the case that injunctive relief is granted, pursuant to Fed. R. Civ. P. 65 and, if so, each parties' position on the amount. Defendants' Order to Show Cause [DE 21-10] was discussed. For the reasons stated on the record, Defendants' motion for a permanent injunction and declaration is one for summary judgment as opposed to one for a provisional remedy. Accordingly, the Court considers the papers in opposition to Plaintiff's motion [DE 4], as for summary judgment for a permanent injunction and eviction to which Plaintiff shall file any opposition on or before July 18, 2022, and Defendants' reply shall be filed on or before July 26, 2022. The signed OTC is attached at DE #23 . (FTR Log #10:06-11:26.) (Flanagan, Doreen)
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Filing 21
MEMORANDUM in Opposition re #4 First MOTION for Order to Show Cause for temporary restraiing order and preliminary injunction and Cross-Motion For Preliminary And Permanent Injunction filed by 7-Eleven, Inc., SEI Fuel Services, Inc.. (Attachments: #1 Declaration Declaration Of Urs Broderick Furrer In Opposition To Plaintiffs Motion For Preliminary Injunction And Support Of Defendants Cross-Motion For Preliminary And Permanent Injunction, #2 Exhibit 1 to UBF Declaration, #3 Exhibit 2 to UBF Declaration, #4 Exhibit 3 to UBF Declaration, #5 Exhibit 4 to UBF Declaration, #6 Exhibit 5 to UBF Declaration, #7 Declaration Declaration Of Charles Everson, Jr, In Opposition To Plaintiffs Motion For Preliminary Injunction And Support Of Defendants Cross-Motion For Preliminary And Permanent Injunction, #8 Exhibit 1 to Everson Declaration, #9 Declaration Declaration Of Neil Duffy In Opposition To Plaintiffs Motion For Preliminary Injunction And Support Of Defendants Cross-Motion For Preliminary And Permanent Injunction, #10 OTSC, #11 Proposed Order) (Furrer, Urs)
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Filing 20
Corporate Disclosure Statement by 7-Eleven, Inc., SEI Fuel Services, Inc. (Furrer, Urs)
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Filing 19
Defendants' ANSWER to Complaint Amended Complaint, COUNTERCLAIM against Gurcharan Brothers Oil Co., Inc. by All Defendants. (Attachments: #1 Exhibit Exhibit 1 to Answer, #2 Exhibit Exhibit 2 to Answer, #3 Exhibit Exhibit 3 to Answer, #4 Exhibit Exhibit 4 to Answer, #5 Exhibit Exhibit 5 to Answer) (Furrer, Urs)
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Filing 18
Letter Waiving evidentiary hearing and requesting only oral argument by Gurcharan Brothers Oil Co., Inc. (Robinson, Kenneth)
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Filing 17
AMENDED COMPLAINT against SEI Fuel Services, Inc and 7-Eleven, Inc. against Gurcharan Brothers Oil Co., Inc., filed by Gurcharan Brothers Oil Co., Inc.. (Robinson, Kenneth)
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Filing 16
CERTIFICATE OF SERVICE by Gurcharan Brothers Oil Co., Inc. against SEI Fuel Services, Inc.and 7-Eleven, Inc.,of Summons, Complaint, Order to Show Cause and supporting papersc. (Robinson, Kenneth)
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Filing 15
ORDER TO SHOW CAUSE re #4 First MOTION for Order to Show Cause. Show Cause Hearing set for 6/27/2022 at 10:00 AM in Courtroom 1020 before Magistrate Judge James M. Wicks. Show Cause Response due by 6/23/2022. See Order for Further Details. So Ordered by Magistrate Judge James M. Wicks on 6/13/2022. (Flanagan, Doreen)
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Filing 14
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR TELEPHONE CONFERENCE. Counsel for Plaintiff: Kenneth L. Robinson. Counsel for Defendant: Urs Broderick Furrer. Telephone Conference held regarding Plaintiff's proposed Order to Show Cause #4 . The parties advised the Court that for purposes of this motion, they have agreed to extend the mutual termination/non-renewal date to June 30, 2022, without waiving any rights or arguments about the termination date. Accordingly, the portion of the OTSC for a temporary restraining order is struck. To the extent not done so already, Plaintiff is directed to serve the Order to Show Cause #15 and the accompanying Affirmation, Affidavit with Exhibits, and Summons, Complaint and Memorandum of Law on or before 6/14/2022; answering papers shall be served and filed on or before 6/23/2022; no reply papers shall be submitted. The return date on the motion for a preliminary injunction is June 27, 2022 at 10am in courtroom 1020, at which time the parties should be prepared with witnesses for an evidentiary hearing. If the parties jointly advise the Court on or before 6/24/2022 that both agree that a hearing is unnecessary, then only oral argument will be held on the return date. (FTR Log #9:37-9:52 (Telephone).) (Flanagan, Doreen) Modified on 6/13/2022 to correct typographical error (Flanagan, Doreen). (Main Document 14 replaced on 6/13/2022) (Flanagan, Doreen).
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Filing 13
CERTIFICATE OF SERVICE by Gurcharan Brothers Oil Co., Inc. to counsel fort Defendants of Scheduling Order (Robinson, Kenneth)
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Filing 12
NOTICE of Appearance by Urs Broderick Furrer on behalf of All Defendants (aty to be noticed) (Furrer, Urs)
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SCHEDULING ORDER: A Telephone Conference is scheduled for 6/10/2022 at 9:00 AM before Magistrate Judge James M. Wicks, to discuss a briefing schedule for Plaintiff's Order to Show Cause #4 . The parties should dial 866-434-5269 and enter 9025281# at the prompt. Plaintiff's Counsel is directed to notify Defense Counsel of the Telephone Conference and to serve a copy of this Order upon Defense Counsel and file proof of service on ECF today, 6/9/2022. Ordered by Magistrate Judge James M. Wicks on 6/9/2022. (Weinstein, Tracy)
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SCHEDULING ORDER: The parties have advised the Court that they have conferred and due to a scheduling conflict, they have agreed to adjourn the Telephone Conference to 6/13/2022. Accordingly, the Telephone Conference that was scheduled for 6/10/2022 is hereby adjourned to 6/13/2022 at 9:30 AM. The parties should dial 866-434-5269 and enter 9025281# at the prompt. So Ordered by Magistrate Judge James M. Wicks on 6/9/2022. (Flanagan, Doreen)
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Filing 11
CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge James M. Wicks for all further proceedings. Judge Joan M. Azrack no longer assigned to 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. (Coleman, Laurie)
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Filing 10
Request for Refund of Fees Paid Electronically approved by Michael J. Kramer, Chief Deputy Clerk, on 06/08/2022.
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Filing 9
CONSENT to Jurisdiction by US Magistrate Judge by Gurcharan Brothers Oil Co., Inc.. (Robinson, Kenneth)
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Case no longer referred to Magistrate Judge James M. Wicks. (Coleman, Laurie)
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Filing 8
NOTICE of Appearance by Kenneth L. Robinson on behalf of Gurcharan Brothers Oil Co., Inc. (notification declined or already on case) (Robinson, Kenneth)
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Filing 7
Summons Issued as to 7-Eleven, Inc., SEI Fuel Services, Inc. (Jakubowski, Laura)
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Filing 6
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. (Jakubowski, Laura)
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Filing 5
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura)
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Filing 4
First MOTION for Order to Show Cause for temporary restraiing order and preliminary injunction by Gurcharan Brothers Oil Co., Inc. (Attachments: #1 Application, #2 Declaration of Kenneth L. Robinson, Esq, #3 Memorandum in Support, #4 Exhibit Notice of Non-renewal, #5 Exhibit Mutual termination Agreement, #6 Exhibit Repudiation of Mutual Termination Agreement, #7 Exhibit Retail Facility Lease, #8 Exhibit Retail Supply Agreement, #9 Exhibit Relevant pages of Master Lese and Base Lease, #10 Exhibit Chart of Motor Fuel Sold at Station, #11 Exhibit Documents about motor fuel prices, #12 Exhibit June 25, 2019 Memorandum of Sublease, #13 Exhibit June 1, 2022 Letter to counsel to Defendants, #14 Exhibit Exhbiit list, #15 Affidavit in Support Affidavit of Plaintiff) (Robinson, Kenneth) Modified on 6/7/2022 (Jakubowski, Laura).
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Filing 3
Letter MOTION to Clerk requesting refund of duplicate filing fee payment by Gurcharan Brothers Oil Co., Inc. aka Gurcharan and Brothers Oil Company, Inc. (Robinson, Kenneth) Modified original letter into a motion on 6/7/2022 (Jakubowski, Laura).
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Filing 2
Civil Cover Sheet.. by Gurcharan Brothers Oil Co., Inc. (Attachments: #1 Proposed Summons, #2 Proposed Summons) (Jakubowski, Laura)
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Filing 1
COMPLAINT against 7-Eleven, Inc., SEI Fuel Services, Inc. Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Gurcharan Brothers Oil Co., Inc.. (Jakubowski, Laura)
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Incorrect Document Entry Information. Complaint was entered as against plaintiff; entry was deleted and re-entered as against defendants. (Jakubowski, Laura)
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FILING FEE: $ 402, receipt number ANYEDC-15634135 (Jakubowski, Laura)
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CIVIL CASE FILING FEE: $ 402, receipt number ANYEDC-15634050 (Robinson, Kenneth)
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Case Assigned to Judge Joan M. Azrack and Magistrate Judge James M. Wicks. 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. (Jakubowski, Laura)
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Email Notification Test - DO NOT REPLY (Levine, Evelyn)
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Email Notification Test - DO NOT REPLY (Layne, Monique)
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