The Howard Carr Companies, Inc. v. Cumberland Farms, Inc. et al
Plaintiff: The Howard Carr Companies, Inc. and The Howard Carr Companies, Inc. doing business as The Howard Group
Defendant: Cumberland Farms, Inc. and First Hartford Realty Corporation
Case Number: 1:2019cv00622
Filed: May 24, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Christian F Hummel
Referring Judge: David N Hurd
2 Judge: Thomas J McAvoy
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 25, 2019 Opinion or Order Filing 14 TEXT ORDER granting #11 Letter Requesting a stay of the proceedings pending the resolution of the appeal in 18-CV-1414. Defendants are directed to file a status report in this case, 19-CV-622, within fourteen days after receiving notice of resolution of the appeal in 18-CV-1414. So Ordered by Judge David N. Hurd on 6/25/2019. (see)
June 20, 2019 Filing 13 RESPONSE in Opposition re #11 Letter Motion from Daniel S. L. Rubin, Esq. for Cumberland Farms, Inc., First Hartford Realty Corporation requesting Stay of the Proceedings submitted to Judge David N. Hurd filed by The Howard Carr Companies, Inc.. (Zimring, Jeffrey)
June 13, 2019 Opinion or Order Filing 12 TEXT ORDER directing plaintiff to respond, in no more than 5 pages, to the #11 Letter requesting Stay of the Proceedings by 6/20/2019. So Ordered by Judge David N. Hurd on 6/13/2019. (see)
June 12, 2019 Filing 11 Letter Motion from Daniel S. L. Rubin, Esq. for Cumberland Farms, Inc., First Hartford Realty Corporation requesting Stay of the Proceedings submitted to Judge David N. Hurd . (Attachments: #1 Certificate of Service)(Rubin, Daniel)
June 10, 2019 Opinion or Order Filing 10 ORDER OF RECUSAL. Senior Judge Thomas J. McAvoy recused. Case reassigned to Judge David N. Hurd for all further proceedings. Authorized by Senior Judge Thomas J. McAvoy on 6/10/2019. (amt)
June 3, 2019 Filing 9 NOTICE of Appearance by Daniel Rubin on behalf of Cumberland Farms, Inc., First Hartford Realty Corporation (Attachments: #1 Certificate of Service)(Rubin, Daniel)
June 3, 2019 Filing 8 NOTICE of Change in Conference Date/Time: Due to an extension of the answer deadline, the initial Conference is reset for Thursday, 7/25/2019 @ 10:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/18/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (tab)
May 29, 2019 Opinion or Order Filing 7 TEXT ORDER granting in part and denying in part Defendants; #5 Letter Request. Defendant's request for reassignment to Judge Hurd is DENIED; Defendant's request for an extension of time to answer is GRANTED. Defendants' answer due 7/1/2019. Authorized by Senior Judge Thomas J. McAvoy on 5/29/2019. (amt)
May 29, 2019 Filing 6 RESPONSE in Opposition re #5 Letter Motion from Patrick J. Fitzgerald, Esq. for Cumberland Farms, Inc., First Hartford Realty Corporation submitted to Judge Thomas J. McAvoy filed by The Howard Carr Companies, Inc.. (Attachments: #1 Memorandum-Decision and Order)(Zimring, Jeffrey)
May 28, 2019 Filing 5 Letter Motion from Patrick J. Fitzgerald, Esq. for Cumberland Farms, Inc., First Hartford Realty Corporation submitted to Judge Thomas J. McAvoy . (Attachments: #1 Certificate of Service)(Fitzgerald, Patrick)
May 28, 2019 Filing 4 AFFIDAVIT of Service for Notice of Removal and G.O. 25 served on Jeffrey Zimring, Esq., filed by Cumberland Farms, Inc., First Hartford Realty Corporation. (Fitzgerald, Patrick)
May 24, 2019 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/25/2019 at 11:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/18/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr)
May 24, 2019 Filing 2 STATE COURT SUMMONS AND COMPLAINT relating to #1 Notice of Removal, filed by Cumberland Farms, Inc., First Hartford Realty Corporation. (hmr)
May 24, 2019 Filing 1 NOTICE OF REMOVAL from Albany County Supreme Court, case number 02482-19 (Filing fee $400 receipt number ANYNDC-4751668) filed by First Hartford Realty Corporation, Cumberland Farms, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(hmr)
May 24, 2019 ***Answer due date updated for Cumberland Farms, Inc. answer due 5/31/2019; First Hartford Realty Corporation answer due 5/31/2019. (hmr)

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Defendant: Cumberland Farms, Inc.
Represented By: Patrick J. Fitzgerald, III
Represented By: Daniel Rubin
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Defendant: First Hartford Realty Corporation
Represented By: Patrick J. Fitzgerald, III
Represented By: Daniel Rubin
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Plaintiff: The Howard Carr Companies, Inc.
Represented By: Jeffrey L. Zimring
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Plaintiff: The Howard Carr Companies, Inc. doing business as The Howard Group
Represented By: Jeffrey L. Zimring
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