Silberstein v. Whole Foods Market Group, Inc. et al
| Yaacov Silberstein |
| Whole Foods Market Group, Inc. and John Does 1-50 |
| 2:2024cv04229 |
| June 14, 2024 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Lee G Dunst |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 12, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 18
Minute Entry for proceedings held on 8/12/2024 before Magistrate Judge Lee G. Dunst: Civil Cause for Initial Conference. Counsel for Plaintiff: Matthew Jacobs. Counsel for Defendant: Brian Richard Blackman. FTR #: 11:04-11:23, via Zoom. Case called. Counsel for all sides present. For the reasons stated on the record, the parties' proposed schedule at DE #17 is APPROVED, except with respect to the date for preliminary discovery and a settlement conference. The schedule is as follows: (1) fact discovery by 8/11/2025; (2) exchange of expert report(s), if any, by 2/15/2025; (3) expert discovery by 5/12/2025; (4) deadline for Plaintiff to move for class certification by 6/16/2025; (5) all discovery by 8/18/2025; and (6) the final date to take the first step in dispositive motion practice, consistent with the Individual Practice Rules of District Judge Joan M. Azrack, shall be 9/15/2025. Additionally, any motion to amend the pleadings to add claims or join additional parties must be filed by 10/25/2024. Any such motion filed on or after 10/26/2024 will be denied absent a showing of good cause under Fed. R. Civ. P. 16(b)(4). See Sacerdote v. New York University, 9 F. 4th 95, 115 (2d Cir. 2021). Finally, the parties shall submit a status report by 11/29/2024. The Court will hold a Status Conference on 2/12/2025 at 12:00PM via Teleconference. SO ORDERED by Magistrate Judge Lee G. Dunst on 8/12/2024. (CT)
|
| Filing 17 Proposed Scheduling Order The Parties' Proposed Discovery Plan/Scheduling Order by Yaacov Silberstein (Jacobs, Matthew) |
|
ORDER granting #16 Motion to Appear by Telephone/Video. The Initial Conference scheduled for 8/12/2024 at 11:00AM will be held via Zoom. The Court will email a Zoom invitation closer to the conference date. This Zoom conference will be a public proceeding; nonparties are welcome to attend via telephone. To receive a telephone invitation, nonparties may contact Judge Dunst's Chambers at (631) 712-5760. Ordered by Magistrate Judge Lee G. Dunst on 7/23/2024. (CT)
|
| Filing 16 Joint MOTION to Appear by Telephone/Video at August 12, 2024, Initial Conference by Yaacov Silberstein. (Jacobs, Matthew) |
| Filing 15 RESPONSE to Motion re #10 Letter MOTION for pre motion conference filed by Yaacov Silberstein. (Jacobs, Matthew) |
| Filing 14 NOTICE of Appearance by Wells Blaxter on behalf of Whole Foods Market Group, Inc. (notification declined or already on case) (Blaxter, Wells) |
| Filing 13 NOTICE of Appearance by David Philip Adams on behalf of Whole Foods Market Group, Inc. (notification declined or already on case) (Adams, David) |
|
ORDER granting #11 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application (DE #11 ) submitted by J.T. Wells Blaxter for Defendant Whole Foods Market Group, Inc. and found it 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. Also, the attorney shall ensure the $200 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Lee G. Dunst on 6/24/2024. (SBE)
|
| Filing 12 NOTICE of Appearance by Brian Richard Blackman on behalf of Whole Foods Market Group, Inc. (notification declined or already on case) (Blackman, Brian) |
| Filing 11 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number BNYEDC-17998591 by Whole Foods Market Group, Inc.. (Attachments: #1 Affidavit of J.T. Wells Blaxter, #2 Proposed Order For Admission Pro Hac Vice, #3 Supplement Certificate of Good Standing) (Blaxter, Wells) |
|
ORDER granting #6 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application (DE #6 ) submitted by Brian R. Blackman for Defendant Whole Foods Market Group, Inc., and found it 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. Also, the attorney shall ensure the $200 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Lee G. Dunst on 6/21/2024. (MO)
|
|
SCHEDULING ORDER: The Court will hold an Initial Conference on 8/12/2024 at 11:00AM in Courtroom 830. 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 6/21/2024. (CT)
|
|
ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application (DE #7 ) submitted by David P. Adams for Defendant Whole Foods Market Group, Inc., and found it 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. Also, the attorney shall ensure the $200 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Lee G. Dunst on 6/21/2024. (MO)
|
| Filing 10 Letter MOTION for pre motion conference by Whole Foods Market Group, Inc.. (Boyer, Nolen) |
|
Filing 9
ORDER OF RECUSAL: Magistrate Judge James M. Wicks recused. Case reassigned to Judge Joan M. Azrack for all further proceedings. So Ordered by Magistrate Judge James M. Wicks on 6/20/2024. (DF)
|
| Case assigned to Judge Joan M. Azrack and Magistrate Judge Lee G. Dunst. 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. (LF) |
|
Filing 8
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Rule 16 Scheduling Conference will be held on July 18, 2024 at 11:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than July 11, 2024. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (Rule 1E). 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. Counsel for all parties are directed to review Docket Entry No. #5 , concerning the assignment of a Magistrate Judge to oversee this case. If by August 19, 2024 all parties have not signed and filed the consent form consenting to the jurisdiction of the assigned Magistrate Judge, the Clerk of Court is directed to randomly assign a District Judge to the case. In that event, the assigned Magistrate Judge will remain on the case and preside over all non-dispositive pretrial matters unless the assigned District Judge orders otherwise. So Ordered by Magistrate Judge James M. Wicks on 6/18/2024. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules) (DF)
|
|
ORDER. The return date for Brian R. Blackman's Motion to Appear Pro Hac Vice shall be on June 25, 2024. In accordance with this Court's Individual Practice Rules, any opposition must be filed by June 21, 2024. So Ordered by Magistrate Judge James M. Wicks on 6/18/2024. (DN)
|
|
ORDER. The return date for David P. Adams' Motion to Appear Pro Hac Vice shall be on June 25, 2024. In accordance with this Court's Individual Practice Rules, any opposition must be filed by June 21, 2024. So Ordered by Magistrate Judge James M. Wicks on 6/18/2024. (DN)
|
| Filing 7 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-17985363 by Whole Foods Market Group, Inc.. (Attachments: #1 Affidavit in Support of Motion to Appear Pro Hac Vice, #2 Exhibit 1 to Adams Decl., #3 Proposed Order) (Adams, David) |
| Filing 6 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number BNYEDC-17983840 by Whole Foods Market Group, Inc.. (Attachments: #1 Proposed Order For Admission Pro Hac Vice, #2 Affidavit of Brian R. Blackman, #3 Supplement Certificate of Good Standing) (Blackman, Brian) |
| Filing 5 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CL) |
| Filing 4 This attorney case opening filing has been checked for quality control. (CL) |
| Case Assigned to 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. (CL) |
| Filing 3 NOTICE of Appearance by Matthew Jacobs on behalf of Yaacov Silberstein (aty to be noticed) (Jacobs, Matthew) |
| Filing 2 Corporate Disclosure Statement by Whole Foods Market Group, Inc. identifying Corporate Parent Whole Foods Market, Inc. for Whole Foods Market Group, Inc.. (Boyer, Nolen) |
| Filing 1 NOTICE OF REMOVAL by Whole Foods Market Group, Inc. from New York State Supreme Court, County of Nassau, case number 608482/2024. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 405 receipt number ANYEDC-17976903) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet) (Boyer, Nolen) Modified on 6/17/2024 (CL). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
