Gardner Resources Inc. v. Garcia et al
| Gardner Resources Inc. doing business as Blair's Suces and Snacks |
| Michael Garcia and Emerald Nutraceuticals, LLC |
| 2:2023cv05450 |
| July 19, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Lee G Dunst |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| None |
Docket Report
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This docket was last retrieved on August 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on July 26, 2023, before Judge Gary R. Brown. Transcriber Tracy Gribben Transcription, LLC, Telephone number 732. Email address: Tracy@TGribbenTranscription.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 8/22/2023. Redacted Transcript Deadline set for 9/1/2023. Release of Transcript Restriction set for 10/30/2023. (DC) |
| Filing 13 Minute Entry for proceedings held before Judge Gary R. Brown: Status Conference held on 7/26/2023. Plaintiff: Thomas Anthony Telesca, Ross J. Kartez; Defendant: Abraham S. Beinhorn; Other: argument heard; The Sussman Steam Boiler will be picked up today. The additional bottles will be picked up tomorrow and the plastic trays will be returned within 2 weeks. The money held in escrow will remain there until further notice. SEE ATTACHED FOR FURTHER DETAILS. (FTR Log #10:40-11:09.) (JC) |
| Filing 12 Letter Response to Plaintiff's Letter by Emerald Nutraceuticals, LLC, Michael Garcia (Attachments: #1 Exhibit Transcript) (Beinhorn, Abraham) |
SCHEDULING ORDER: re #11 MOTION for Hearing filed by Gardner Resources Inc.An IN PERSON hearing (WITH COUNSEL AND THEIR CLIENTS) is scheduled for WEDNESDAY, JULY 26, 2023 AT 10:30 AM in Courtroom 940 of 100 Federal Plaza, Central Islip, NY 11722 before Judge Gary R. Brown, at which time the parties should be prepared to address Plaintiff's request for a hearing to resolve the following issues: (1) a request that the Court reconsider the portion of the Courts order directing Blairs Sauces to pay $13,500 those funds should be returned to Blairs Sauces; (2) directing defendants, again, to turn over the Sussman Steam Boiler; and (3) allowing Blairs Sauces to return defendants plastic trays to defendants after the remaining bottles are removed and provided to the new bottler.Counsel for the parties are directed to attend the IN PERSON HEARING WITH THEIR CLIENTS.Counsel for defendants is directed to file a response to Docket Entry 11 by close of business, Tuesday July 25, 2023. Ordered by Judge Gary R. Brown on 7/25/2023. (LJ)
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ORDER granting #11 Motion for Hearing Ordered by Judge Gary R. Brown on 7/25/2023. (LJ)
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| Filing 11 Letter re: request for conference by Gardner Resources Inc. (Attachments: #1 Inventory List, #2 Sales Order SO-9998) (Kartez, Ross) Modified on 7/25/2023- modified event type from Letter to Motion for Hearing. (GO). |
| Filing 10 Letter re: request for conference by Gardner Resources Inc. (Kartez, Ross) |
| Filing 9 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 07/19/2023, before Judge Gary R. Brown. Transcriber Transcriptions Plus II, Inc., Telephone number 917-817-2825. Email address: RL.Transcriptions2@gmail.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 8/10/2023. Redacted Transcript Deadline set for 8/21/2023. Release of Transcript Restriction set for 10/18/2023. (CG) |
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SCHEDULING ORDER: The Court will hold an Initial Conference on 10/18/2023 at 11:00 AM in Courtroom 830 of the U.S. District Court E.D.N.Y. Long Island Courthouse, located at 100 Federal Plaza, Central Islip, New York. The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website, and submit a proposed discovery plan/scheduling order at least five business days prior to the initial conference pursuant to Judge Dunst's Individual Practice Rule IV.A.1. Ordered by Magistrate Judge Lee G. Dunst on 7/20/2023. (CT)
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| Filing 8 NOTICE of Appearance by Abraham S. Beinhorn on behalf of Emerald Nutraceuticals, LLC, Michael Garcia (aty to be noticed) (Beinhorn, Abraham) |
| Filing 7 NOTICE of Appearance by Evan M. Newman on behalf of Emerald Nutraceuticals, LLC, Michael Garcia (aty to be noticed) (Newman, Evan) |
| 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. (DC) |
| Filing 5 MEMORANDUM in Support re: #3 Proposed Order to Show Cause for Preliminary Injunction and Temporary Restraining Order filed by Gardner Resources Inc.. (DC) |
| Filing 4 DECLARATION of Blair Lazar in Support re: #3 Proposed Order to Show Cause for Preliminary Injunction and Temporary Restraining Order by Gardner Resources Inc. (Attachments: #1 Exhibits) (DC) |
| Filing 3 Proposed Order to Show Cause for Preliminary Injunction and Temporary Restraining Order by Gardner Resources Inc. (DC) |
| Filing 2 Summons Issued as to All Defendants. (DC) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Gardner Resources Inc.. (Attachments: #1 Civil Cover Sheet) (DC) |
| Minute Entry for proceedings held before Judge Gary R. Brown:Show Cause Hearing held on 7/19/2023 Thomas Telesca for plaintiff; Abraham Beinhorn for defendants. Motion for Temporary Restraining Order is granted in a limited capacity. Defendant will return all materials forthwith. Plaintiff will make a second payment of $13,500.00. FTR: 11-29-12:15; 12:36- 12:57.) (KM) |
| FILING FEE: $ 402.00, receipt number 200002010 (DC) |
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