Diaz et al v. Ancient Brands, LLC
| Diedre Bush, Raquel Diaz and Stephen Dunn |
| Ancient Brands, LLC |
| John C. Cherundolo |
| 5:2021cv00390 |
| April 5, 2021 |
| US District Court for the Northern District of New York |
| Lawrence E Kahn |
| Miroslav Lovric |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 102
MEMORANDUM-DECISION AND ORDER. It is hereby ORDERED, that Defendant's motion for judgment on the pleadings (Dkt. No. #85 ) is GRANTED; and it is further ORDERED, that all claims against Defendant are DISMISSED without prejudice; and it is further ORDERED, Plaintiffs are permitted to file a second amended complaint within sixty (60) days of this Memorandum-Decision and Order; and it is further; ORDERED, that the Clerk is directed to terminate this action if Plaintiffs fail to file a second amended complaint within sixty (60) days of this Memorandum-Decision and Order. SO ORDERED by Senior Judge Lawrence E. Kahn on 9/15/2023. (dpk)
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| Filing 101 RESPONSE TO LETTER BRIEF filed by Ancient Brands, LLC as to #100 Notice (Other) filed by Raquel Diaz, Stephen Dunn . (Kwasniewski, David) |
| Filing 100 NOTICE by Raquel Diaz, Stephen Dunn re #98 Response in Opposition to Motion, of Supplemental Authority (Attachments: #1 Exhibit(s) A - Roffman v. Perfect Bar, LLC Decision)(Bryson, John) |
| Filing 99 REPLY to Response to Motion re #85 MOTION for Judgment on the Pleadings filed by Ancient Brands, LLC. Motion returnable before Judge Lawrence E. Kahn filed by Ancient Brands, LLC. (Kwasniewski, David) |
| Filing 98 RESPONSE in Opposition re #85 MOTION for Judgment on the Pleadings filed by Ancient Brands, LLC. Motion returnable before Judge Lawrence E. Kahn filed by Raquel Diaz, Stephen Dunn. (Attachments: #1 Declaration of J. Hunter Bryson, #2 Exhibit(s) A - Excerpts of the Deposition of Raquel Diaz Transcript, #3 Exhibit(s) B - Excerpts of the Deposition of Stephen Dunn Transcript)(Bryson, John) |
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Filing 97
TEXT ORDER: On September 2, 2022, Defendant filed a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure Rule 12(c) and a motion to dismiss for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1), Dkt. No. #85 ("Defendant's Motion"). On September 14, 2022, Plaintiffs filed a "Letter Motion" requesting that the Court convert Defendant's Motion into a motion for summary judgment, Dkt. No. #90 ("Plaintiffs' Motion"). Defendant filed a response to Plaintiffs' Motion on September 26, 2022, Dkt. No. #94 ("Defendant's Response"). However, under Local Rule 7.1(b), "Except as otherwise provided in this paragraph, all motions and opposition to motions require a memorandum of law...." Here, Plaintiffs' Motion does not contain a memorandum of law as required under L.R. 7.1(b). Dkt. No. #90 . Instead, it includes a four-page letter styled as a properly filed motion. "The Court shall not consider any papers required under this Rule that are not timely filed or are otherwise not in compliance with this Rule [L.R. 7.1] unless good cause is shown... " L.R. 7.1(a)(3) (emphasis added). Accordingly, the Court DENIES Plaintiffs' Motion, Dkt. No. #90 . Moreover, no further stays to the briefing schedule of Defendant's Motion, Dkt. No. #85 , will be permitted. Any arguments Plaintiffs wish to make regarding whether the Court should treat Defendant's Motion as a motion for summary judgment must be made in their response to Defendant's Motion. Furthermore, the Court observes that Rule 12(d) is applicable only to motions filed pursuant to Rules 12(b)(6) and 12(c). "If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion." Fed. R. Civ. P. 12(d) (emphasis added). As a result, Plaintiffs may present matters outside the pleadings in response to Defendant's Rule 12(b)(1) motion. Plaintiffs will have twenty-one (21) days to respond to Defendant's Motion, Dkt. No. #85 , from issuance of this order, and Defendant will have seven (7) days to reply. Accordingly, Plaintiffs' response is due December 13, 2022, and Defendant's reply is due December 20, 2022. SO ORDERED by Senior Judge Lawrence E. Kahn on 11/22/2022. (dpk)
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| Filing 96 NOTICE of Appearance by Gary M. Klinger on behalf of Raquel Diaz, Stephen Dunn (Klinger, Gary) |
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Filing 95
MEMORANDUM-DECISION AND ORDER. It is hereby ORDERED, that Moving Plaintiff's Motion to Voluntarily Dismiss Her Individual Claims Without Prejudice (Dkt. No. #64 ) is GRANTED; and it is further ORDERED, that Moving Plaintiff's individual claims are DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2); and it is further ORDERED, that the Clerk shall TERMINATE Diedre Bush as a party to this proceeding; and it is further ORDERED, that the Clerk is directed to update the caption to remove Diedre Bush as a plaintiff in this action. Signed by Senior Judge Lawrence E. Kahn on 10/7/2022. (dpk)
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| Filing 94 RESPONSE TO LETTER BRIEF filed by Ancient Brands, LLC as to #90 Letter Request/Motion, filed by Diedre Bush, Raquel Diaz, Stephen Dunn . (Kwasniewski, David) |
| Filing 93 TRANSCRIPT of Proceedings: telephone conference held on September 13, 2022 before Judge Miroslav Lovric, Court Reporter/Transcriber: Ruth I. Lynch, Telephone number: 607 779 2612. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. 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. Redaction Request due 10/14/2022. Redacted Transcript Deadline set for 10/24/2022. Release of Transcript Restriction set for 12/22/2022. Notice of Intent to Redact due by 9/28/2022 (Lynch, Ruth) |
| Filing 92 TRANSCRIPT REQUEST by Ancient Brands, LLC for proceedings held on 08/23/2022, 9/13/2022 before Judge Miroslav Lovric.. (Kwasniewski, David) |
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Filing 91
TEXT ORDER: The Court has received Plaintiffs' letter motion requesting that the Court convert Defendant's motion for judgment on the pleadings, Dkt. No. #85 , into a motion for summary judgment. Dkt. No. #90 . Defendant shall have until September 26, 2022, to file a response to Plaintiffs' letter motion, which shall not exceed four (4) pages. Current filing deadlines relating to Defendant's motion for judgment on the pleadings, Dkt. No. #85 , will be reset upon the Court's disposition of Plaintiffs' letter motion. SO ORDERED by Senior Judge Lawrence E. Kahn on 9/16/2022. (dpk)
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| Filing 90 Letter Motion from J. Hunter Bryson for Diedre Bush, Raquel Diaz, Stephen Dunn requesting Convert Defendant's Motion for Judgment on the Pleadings into a Motion for Summary Judgment, Extension of Time, and Strike exhibits 1-8 to Defendant's Request for Judicial Notice submitted to Judge Lawrence E. Kahn . (Bryson, John) |
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Filing 89
TEXT ORDER: In light of the filing of Motion for Judgment on the Pleadings #85 , all schedules and deadlines are STAYED until the motion is decided by the District Judge. SO ORDERED by Magistrate Judge Miroslav Lovric on 9/13/2022.(jdp)
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record Hearing was held on 9/13/2022. The Court addressed with the parties the fact that since the last conference Defendant filed Motion for Judgment on the Pleadings #85 and how that impacts the current schedules. The Court STAYED all schedules and deadlines until the motion is decided by the District Judge. Appearances: J. Bryson, Esq., for Plaintiffs; D. Kwasniewski, Esq., for Defendant; and R. Lynch, Court Reporter. (jdp) |
| Filing 88 TRANSCRIPT of Proceedings: Conference Hearing held on 08/23/2022 before Judge Miroslav Lovric, Court Reporter/Transcriber: Lisa M. Mazzei, Telephone number: (315) 266-1176. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. 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. Redaction Request due 10/4/2022. Redacted Transcript Deadline set for 10/14/2022. Release of Transcript Restriction set for 12/12/2022. Notice of Intent to Redact due by 9/19/2022 (Mazzei, Lisa) |
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Filing 87
TEXT ORDER: The Hearing scheduled for 9/13/2022 at 1:00 p.m., is CHANGED ONLY insofar as it will be conducted via telephone conference and not in person. SO ORDERED by Magistrate Judge Miroslav Lovric on 9/8/2022.(jdp )
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| Filing 86 STATUS REPORT (JOINT) by Ancient Brands, LLC. (Attachments: #1 Exhibit(s) A)(Kwasniewski, David) |
| Filing 85 MOTION for Judgment on the Pleadings filed by Ancient Brands, LLC. Motion returnable before Judge Lawrence E. Kahn Response to Motion due by 9/23/2022. Reply to Response to Motion due by 9/30/2022 (Attachments: #1 Declaration, #2 Exhibit(s) Exhibit A to Kwasniewski Decl - Dunn Transcript, #3 Exhibit(s) Exhibit B to Kwasniewski Decl - Diaz Transcript, #4 Request for Judicial Notice, #5 Exhibit(s) 1, #6 Exhibit(s) 2, #7 Exhibit(s) 3, #8 Exhibit(s) 4, #9 Exhibit(s) 5, #10 Exhibit(s) 6, #11 Exhibit(s) 7, #12 Exhibit(s) 8, #13 Exhibit(s) 9) (Kwasniewski, David) |
| Filing 84 TRANSCRIPT REQUEST by Diedre Bush, Raquel Diaz, Stephen Dunn for proceedings held on 08/23/2022 before Judge Miroslav Lovric.. (Bryson, John) |
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Filing 83
ORDER granting #80 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 8/29/2022. (jdp )
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Filing 82
TEXT ORDER: The parties are directed to continue to confer and attempt to resolve the discovery disputes and matters summarized in Pre-Motion Letter #76 , Status Report #77 , Response #79 , and Response #81 . The parties are directed to file detailed Status Reports by 9/6/2022 setting forth specifically any disputes that have not be resolved. A Hearing is scheduled for 9/13/2022 at 1:00 p.m., In Person, in Binghamton, New York. Appearances are required. The deadlines and schedules as set forth in Order #43 remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/23/2022.(jdp )
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record Hearing was held on 8/23/2022. The Court addressed with the parties: (1) the discovery disputes and matters summarized in Pre-Motion Letter #76 , Status Report #77 , Response #79 , and Response #81 ; and (2) the current deadlines and schedules as set forth in Order #43 . The Court heard from all parties as to the issues identified. The Court directed the parties to continue to confer and attempt to resolve their disputes. The parties are directed to file detailed Status Reports by 9/6/2022 setting forth specifically any disputes that have not be resolved. A Hearing is scheduled for 9/13/2022 at 1:00 p.m., In Person, in Binghamton, New York. The deadlines and schedules as set forth in Order #43 remain in effect. Appearances: J. Bryson, Esq., R. Busch, Esq., for Plaintiffs; D. Kwasniewski, Esq., for Defendant; and FTR. [time: 10:00 AM - 11:00 AM] (jdp ) |
| Filing 81 RESPONSE TO LETTER BRIEF filed by Raquel Diaz, Stephen Dunn as to #79 RESPONSE TO LETTER BRIEF filed by Ancient Brands, LLC . (Bryson, John) |
| Filing 80 MOTION for Limited Admission Pro Hac Vice of Gary M. Klinger Filing fee $100, receipt number ANYNDC-6007971. (Attachments: #1 Declaration of Sponsor, #2 Attorney Registration Form, #3 Petition for Admission to Practice, #4 Certificate of Good Standing) Motions referred to Miroslav Lovric. (Garber, Todd) |
| Filing 79 RESPONSE TO LETTER BRIEF filed by Ancient Brands, LLC as to 78 Order on Pre-Motion Letter Request, . (Attachments: #1 Exhibit(s) 1)(Kwasniewski, David) |
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Filing 78
TEXT ORDER: Letter Motion #76 is GRANTED insofar as and to the extent that: (1) Defendant is directed to file by 8/19/2022 a letter response to Plaintiffs Letter Motion #76 ; and (2) an In Person on the record Hearing is scheduled for 8/23/2022 at 10:00 a.m. in Binghamton, New York. In Person appearances are required. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/12/2022. (jdp )
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| NOTICE of Hearing: On the Record Hearing set for 8/23/2022 at 10:00 AM in Binghamton before Magistrate Judge Miroslav Lovric. (jdp ) |
| Filing 77 STATUS REPORT Joint by Diedre Bush, Raquel Diaz, Stephen Dunn. (Bryson, John) |
| Filing 76 Pre-Motion Letter by Diedre Bush, Raquel Diaz, Stephen Dunn requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 8/15/2022 (Attachments: #1 Exhibit(s) A - Ancient Brands - Pls' First Requests for Production 2-1-22, #2 Exhibit(s) B - Ancient Brands - Pls' First Interrogatories 2-1-22, #3 Exhibit(s) C - DEF Responses to PL ROGS and RFP, #4 Exhibit(s) D - DEF Suppl. Responses and Objections to PL ROGS and RFP, #5 Exhibit(s) E - Deficiency Letter 6.27.22, #6 Exhibit(s) F - Proposed Protective Order)(Bryson, John) |
| Filing 75 AFFIDAVIT re #74 Order on Motion to Withdraw as Attorney by Raquel Diaz, Stephen Dunn. (Lally, Kathleen) |
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Filing 74
ORDER granting #73 Motion to Withdraw as Attorney. Attorney Kathleen P. Lally terminated. Signed by Magistrate Judge Miroslav Lovric on 6/28/2022. (jdp )
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| Filing 73 MOTION to Withdraw as Attorney filed by Raquel Diaz, Stephen Dunn. Response to Motion due by 7/18/2022 Motions referred to Miroslav Lovric. (Lally, Kathleen) |
| ADR COMPLETED: Case did not settle. Attorney John C. Cherundolo terminated. The mediator and attorneys who attended the mediation session are asked to complete a survey with respect to the Mandatory Mediation Program. Attorneys for parties can access the survey at https://media.nynd.uscourts.gov/surveys/?sid=5. Mediators can access the survey at https://media.nynd.uscourts.gov/surveys/?sid=4. Any questions can be directed to the ADR Coordinator.(sal ) |
| Filing 72 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on 06/20/2022. Total Hours Spent by Mediator: 2; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Cherundolo, John) |
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Filing 71
TEXT ORDER: The parties are directed to file next status reports by 8/12/2022. SO ORDERED by Magistrate Judge Miroslav Lovric on 6/7/2022. (jdp )
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| Filing 70 STATUS REPORT (Joint) by Raquel Diaz, Stephen Dunn. (Lally, Kathleen) |
| Filing 69 REPLY to Response to Motion re #64 MOTION of Plaintiff Diedre Bush to Voluntarily Dismiss Her Individual Claims without Prejudice filed by Diedre Bush. filed by Diedre Bush. (Attachments: #1 Declaration of Kathleen P. Lally, #2 Exhibit 1)(Lally, Kathleen) |
| Filing 68 MEMORANDUM OF LAW re #64 Motion for Miscellaneous/Other Relief, in Opposition to Plaintiff Diedre Bush's Motion to Voluntarily Dismiss Her Individual Claims Without Prejudice filed by Ancient Brands, LLC. (Attachments: #1 Declaration of David H. Kwasniewski, #2 Exhibit A to Kwasniewski Declaration, #3 Exhibit B to Kwasniewski Declaration, #4 Exhibit C to Kwasniewski Declaration, #5 Exhibit D to Kwasniewski Declaration)(Kwasniewski, David) |
| Filing 67 ANSWER to #59 Amended Complaint by Ancient Brands, LLC.(Kwasniewski, David) |
| Filing 66 NOTICE of Appearance by Russell Busch on behalf of Raquel Diaz, Stephen Dunn (Busch, Russell) |
| TEXT NOTICE OF FILING DEFICIENCY regarding the Dkt. #65 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Plaintiff's name is spelled Raquel Dian in the Notice of Appearance filed by Counselor Russell Busch but it is spelled as Raquel Diaz on the docket. Counsel is directed to please file an AMENDED Notice of Appearance on the docket within 3 days of this notice. Notice of Filing Deficiency Deadline 4/15/2022 (gmd, ) |
| Filing 65 NOTICE of Appearance by Russell Busch on behalf of Raquel Diaz, Stephen Dunn (Busch, Russell) |
| Filing 64 MOTION of Plaintiff Diedre Bush to Voluntarily Dismiss Her Individual Claims without Prejudice filed by Diedre Bush. Response to Motion due by 4/29/2022 (Attachments: #1 Memorandum of Law, #2 Declaration of Kathleen P. Lally, #3 Exhibit 1 - Glob. One Commcns World Holding B.V. v. Gaul) Motions referred to Lawrence E. Kahn. (Lally, Kathleen) Modified on 4/8/2022 (gmd, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY re Dkt. #64 MOTION of Plaintiff Diedre Bush to Voluntarily Dismiss Her Individual Claims without Prejudice: Clerk modified the docket text to correct the Judge Motion is referred to from Miroslav Lovric to Lawrence E. Kahn. (gmd, ) |
| Filing 63 NOTICE of Appearance by Nicholas R. Lange on behalf of Raquel Diaz, Stephen Dunn (Lange, Nicholas) |
| Filing 62 NOTICE of Appearance by Katrina Carroll on behalf of Raquel Diaz, Stephen Dunn (Carroll, Katrina) |
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Filing 61
TEXT ORDER: The Court has received Diedre Bush's Notice of Voluntary Dismissal Without Prejudice. Dkt. No. #60 ("Notice"). An action may be dismissed via such a notice only under Fed. R. Civ. P. 41(a)(1)(A)(i), and only "before the opposing party serves either an answer or a motion for summary judgment." Here, Defendant filed an answer to Plaintiffs' original complaint. Dkt. No. #32 . The filing of an amended complaint does not revive Bush's ability to unilaterally withdraw from the action. See, e.g., Forties B LLC v. Am. W. Satellite, Inc., No. 09-CV-8583, 2010 WL 2594297, at *2 (S.D.N.Y. June 18, 2010) ("Multiple courts have held that an answer to the plaintiff's original complaint is sufficient to preclude dismissal by notice even though the defendant has not submitted an answer to the plaintiff's amended complaint." (quoting 9 Wright & Miller, Federal Practice and Procedure 2363 (3d ed. 2010))). If Bush wishes to pursue dismissal under Fed. R. Civ. P. 41(a), she may file "a stipulation of dismissal signed by all parties who have appeared" under Fed. R. Civ. P. 41(a)(1)(A)(ii) or may motion the Court for a dismissal by court order under Fed. R. Civ. P. 41(a)(2). At this time, Bush remains a party to the case. SO ORDERED by Senior Judge Lawrence E. Kahn on 4/6/2022. (dpk)
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| ***Answer due date updated for Ancient Brands, LLC answer due 4/26/2022. (gmd, ) |
| Filing 60 NOTICE of Voluntary Dismissal without Prejudice as to Plaintiff Diedre Bush's claims only by Diedre Bush (Lally, Kathleen) |
| Filing 59 AMENDED COMPLAINT against Ancient Brands, LLC filed by Raquel Diaz, Stephen Dunn.(Lally, Kathleen) |
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Filing 58
TEXT ORDER: As set forth on the record at the Hearing held on 4/1/2022, via telephone conference, (1) Plaintiffs Motion #50 is GRANTED insofar as and to the extent that the Amended Complaint shall be filed by 4/8/2022, (2) Defendant shall file a response to the amended complaint pursuant to the F.R.C.P., (3) the parties are reminded of the deadlines and schedules in effect as set forth in Dkt. Nos. [43, 44], and (4) the next status reports shall be filed by 6/6/2022. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/1/2022.(jdp )
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record Hearing was held on 4/1/2022, via telephone conference. The Court addressed Plaintiffs Motion for Leave to File an Amended Complaint #50 and Response from Defendant #54 . The Court heard oral argument from the parties. The Court rendered its decision, analysis, and reasoning on the record. Plaintiffs Motion #50 is GRANTED insofar as and to the extent that the Amended Complaint shall be filed by 4/8/2022; and Defendant shall file a response to the amended complaint pursuant to the F.R.C.P. The Court reminded the parties of the deadlines and schedules in effect as set forth in Dkt. Nos. [43, 44]. Next status reports shall be filed by 6/6/2022. Appearances: K. Lally, Esq., N. Suciu, Esq., for Plaintiffs; D. Kwasniewski, Esq., for Defendant; R. Lynch, Court Reporter. [time: 10:00 AM - 10:30 AM] (jdp ) |
| Reset Deadlines: Status Report due by 6/6/2022. Amended Complaint to be filed by 4/8/2022. (jdp) |
| Filing 57 STATUS REPORT by Ancient Brands, LLC. (Petraglia, Robert) |
| Filing 56 STATUS REPORT by Diedre Bush, Raquel Diaz. (Lally, Kathleen) |
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Filing 55
TEXT ORDER: An on the record Hearing is scheduled for 4/1/2022 at 10:00 a.m., via telephone conference. The Court will hear oral arguments on Motion #50 . All other deadlines and schedules remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/21/2022. (jdp)
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| Filing 54 RESPONSE in Opposition re #50 MOTION for Leave to File Amended Complaint filed by Diedre Bush, Raquel Diaz. filed by Ancient Brands, LLC. (Kwasniewski, David) |
| Filing 53 NOTICE of Appearance by Nick Suciu, III on behalf of Diedre Bush, Raquel Diaz (Suciu, Nick) |
| Filing 52 NOTICE of Appearance by John Hunter Bryson on behalf of Diedre Bush, Raquel Diaz (Bryson, John) |
| Filing 51 NOTICE by Diedre Bush, Raquel Diaz re #50 MOTION for Leave to File Amended Complaint filed by Diedre Bush, Raquel Diaz. (Attachments: #1 Declaration of Kathleen P. Lally, #2 Exhibit A - Amended Complaint, #3 Exhibit B - Redline)(Lally, Kathleen) |
| Filing 50 MOTION for Leave to File Amended Complaint filed by Diedre Bush, Raquel Diaz. Response to Motion due by 3/8/2022 (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - Redline) Motions referred to Miroslav Lovric. (Lally, Kathleen) |
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Filing 49
ORDER granting #47 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 2/14/2022. (jdp )
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| Filing 48 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that John Cherundolo has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Kathleen P. Lally and Robert Petraglia. Dated: February 11, 2022(Lally, Kathleen) |
| Filing 47 MOTION for Limited Admission Pro Hac Vice of John Bryson Filing fee $100, receipt number ANYNDC-5800365. (Attachments: #1 Declaration of Todd S. Garber, #2 Attorney Registration Form, #3 Petition for Admission to Practice, #4 Certificate Of Good Standing, #5 Proposed Order) Motions referred to Miroslav Lovric. (Garber, Todd) |
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Filing 46
TEXT ORDER: Letter Motion #45 is GRANTED insofar as and to the extent that the parties are directed to jointly select a mediator and report their selection on CM/ECF by 2/11/2022. All other deadlines and schedules remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 2/2/2022. (jdp)
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| Reset Deadlines: Deadline for Mediator Selection is 2/11/2022. (jdp ) |
| Filing 45 Joint MOTION For Extension of Time to Select a Mediator filed by Diedre Bush, Raquel Diaz. Response to Motion due by 2/22/2022 Motions referred to Miroslav Lovric. (Lally, Kathleen) |
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Filing 44
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 2/1/2022. Deadline for completion of Mandatory Mediation is 6/27/2022. Signed by Magistrate Judge Miroslav Lovric on 1/4/2022. (jdp )
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Filing 43
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 7. Preferred Trial Location: Syracuse. Joinder of Parties due by 3/4/2022. Amended Pleadings due by 3/4/2022. Discovery due by 12/19/2022. Plaintiffs Expert Disclosure Deadline is 9/20/2022. Defendants Expert Disclosure Deadline is 11/4/2022. Rebuttal Expert Disclosure Deadline is 11/21/2022. Motions to be filed by 2/27/2023. Class Certification Motion due by 1/23/2023. Trial Ready Deadline is 4/24/2023. Jury Trial set for 5/30/2023 09:30 AM in Albany before Senior Judge Lawrence E. Kahn..Signed by Magistrate Judge Miroslav Lovric on 1/4/2022. (jdp )
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Filing 42
TEXT ORDER: On or before 3/21/2022, all parties shall file status reports regarding the progress of the litigation. A telephone conference is scheduled for 4/1/2022 at 10:00 a.m. SO ORDERED by Magistrate Judge Miroslav Lovric on 1/4/2022.(jdp )
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| Filing 41 NOTICE of Appearance by Robert Petraglia on behalf of Ancient Brands, LLC (Petraglia, Robert) |
| Filing 40 NOTICE of Appearance by David Kwasniewski on behalf of Ancient Brands, LLC (Kwasniewski, David) |
| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial conference was held on 1/4/2022. Pretrial deadlines were discussed and set. A telephone conference is scheduled for 4/1/2022 at 10:00 a.m. Appearances: K. Lally, Esq. for Plaintiffs and D. Kwasniewski, Esq. for the Defendant. (jdp ) |
| Filing 39 Mail Returned as Undeliverable. re: #33 Notice of Admission Requirement, sent to David H. Kwasniewski, Esq. and Robert__T. Petraglia, Esq. Address sent to BRAUNHAGEY & BORDEN LLP 7 Times Square, 27th Floor New York, NY 10036. Return to Sender Unable to Forward. Clerk notes Pro Hac Motions have already been filed. (gmd, ) |
| Filing 38 CIVIL CASE MANAGEMENT PLAN by Diedre Bush, Raquel Diaz. (Lally, Kathleen) |
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Filing 37
ORDER granting #35 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 12/1/2021. (jdp )
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Filing 36
ORDER granting #34 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 12/1/2021. (jdp)
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| Filing 35 MOTION for Limited Admission Pro Hac Vice of Robert Petraglia Filing fee $100, receipt number ANYNDC-5726639. (Attachments: #1 Declaration, #2 Petition for Admission, #3 Certificate of Good Standing, #4 Registration Form) Motions referred to Miroslav Lovric. (Curran, Douglas) |
| Filing 34 MOTION for Limited Admission Pro Hac Vice of David Kwasniewski Filing fee $100, receipt number BNYNDC-5726582. (Attachments: #1 Declaration, #2 Petition for Admission, #3 Certificate of Good Standing, #4 Registration Form) Motions referred to Miroslav Lovric. (Curran, Douglas) |
| Filing 33 NOTICE OF ADMISSION REQUIREMENT as to Party Ancient Brands, LLC; Attorney David H. Kwasniewski, Esq. and Robert T. Petraglia, Esq., whose email addresses are kwasniewski@braunhagey.com and petraglia@braunhagey.com respectfully. Their phone number is (646) 829-9403. Notice was physically mailed and emailed to attorneys on 11/29/21. Admissions due by 12/13/2021. (gmd, ) |
| Filing 32 ANSWER to #1 Complaint, by Ancient Brands, LLC.(Curran, Douglas) |
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Filing 31
ORDER granting #30 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 11/22/2021. (jdp )
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| Filing 30 MOTION for Limited Admission Pro Hac Vice of Russell Busch Filing fee $100, receipt number ANYNDC-5718703. (Attachments: #1 Declaration of Todd S. Garber, #2 Applicant's Attorney Registration Form, #3 Applicant's Petition for Admission to Practice, #4 Certificate of Good Standing for Russell Busch) Motions referred to Miroslav Lovric. (Garber, Todd) |
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Filing 29
ORDER granting #27 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 11/18/2021. (jdp)
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| Filing 28 Supplemental Admission documents re: #27 Motion for Limited Admission Pro Hac Vice,. (Attachments: #1 Certificate of Good Standing from the Supreme Court of Michigan)(Garber, Todd) |
| Filing 27 MOTION for Limited Admission Pro Hac Vice of Nick Suciu III Filing fee $100, receipt number ANYNDC-5715636. (Attachments: #1 Declaration of Todd S. Garber, #2 Applicant's Attorney Registration Form, #3 Applicant's Petition for Admission to Practice, #4 Certificate of Good Standing for Nick Suciu III) Motions referred to Miroslav Lovric. (Garber, Todd) |
| Notice of Attorney Admission Filing Deficiency re: #27 Motion for Limited Admission Pro Hac Vice of Nick Suciu. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing that has been issued by a Court; a fully executed Declaration of Sponsor. The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
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Filing 26
TEXT ORDER: The Rule 16 Initial Conference is scheduled for 1/4/2022 at 11:00 a.m. before Magistrate Judge Miroslav Lovric, via telephone conference. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/28/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) SO ORDERED by Magistrate Judge Miroslav Lovric on 11/12/2021. (jdp )
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Filing 25
MEMORANDUM-DECISION AND ORDERED, that the Court takes notice of Dkt. Nos. 10-2, 10-3, 10-4, 10-5, 10-6, 10-7, 10-8, 10-9, 10-10, 10-11, 10-12, 10-13, 10-14, and 10-15; and it is further ORDERED, that Defendants Motion to Dismiss under 12(b)(6) (Dkt. No. 10) is DENIED. Signed by Senior Judge Lawrence E. Kahn on November 10, 2021. (sas)
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| Filing 24 NOTICE by Diedre Bush, Raquel Diaz re: Notice of Change of Law Firm Name (Lally, Kathleen) |
| Filing 23 REPLY to Response to Motion re #10 First MOTION to Dismiss Complaint filed by Ancient Brands, LLC. Motion returnable before Judge Lawrence E. Kahn filed by Ancient Brands, LLC. (Curran, Douglas) |
| Filing 22 RESPONSE in Opposition re #10 First MOTION to Dismiss Complaint filed by Ancient Brands, LLC. Motion returnable before Judge Lawrence E. Kahn filed by Diedre Bush, Raquel Diaz. (Lally, Kathleen) |
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Filing 21
ORDER granting #15 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 7/1/2021. (jdp, )
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Filing 20
ORDER granting #14 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 7/1/2021. (jdp, )
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Filing 19
ORDER granting #13 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 7/1/2021. (jdp, )
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| Filing 18 Supplemental Admission documents re: #15 Motion for Limited Admission Pro Hac Vice,. (Garber, Todd) |
| Filing 17 Supplemental Admission documents re: #14 Motion for Limited Admission Pro Hac Vice,. (Garber, Todd) |
| Filing 16 Supplemental Admission documents re: #13 Motion for Limited Admission Pro Hac Vice,. (Garber, Todd) |
| Filing 15 MOTION for Limited Admission Pro Hac Vice of Nicholas Lange Filing fee $100, receipt number ANYNDC-5571016. (Attachments: #1 Declaration of Sponsor, #2 Attorney Registration Form, #3 Petition for Admission to Practice, #4 Certificate Of Good Standing) Motions referred to Miroslav Lovric. (Garber, Todd) |
| Filing 14 MOTION for Limited Admission Pro Hac Vice of Katrina Carroll Filing fee $100, receipt number ANYNDC-5571009. (Attachments: #1 Declaration of Sponsor, #2 Attorney Registration Form, #3 Petition for Admission to Practice, #4 Certificate Of Good Standing) Motions referred to Miroslav Lovric. (Garber, Todd) |
| Filing 13 MOTION for Limited Admission Pro Hac Vice of Kathleen P. Lally Filing fee $100, receipt number ANYNDC-5570986. (Attachments: #1 Declaration of Sponsor, #2 Attorney Registration Form, #3 Petition for Admission to Practice, #4 Certificate Of Good Standing) Motions referred to Miroslav Lovric. (Garber, Todd) |
| Notice of Filing Deficiency re: #13 Motion for Limited Admission Pro Hac Vice of Kathleen P. Lally. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Declaration of Sponsor form The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Notice of Filing Deficiency re: #15 Motion for Limited Admission Pro Hac Vice of Nicholas R. Lange. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Declaration of Sponsor form. The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Notice of Filing Deficiency re: #14 Motion for Limited Admission Pro Hac Vice Katrina Carroll. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Declaration of Sponsor form The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
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Filing 12
TEXT ORDER: In light of the filing of Motion to Dismiss #10 , the Rule 16 Initial Conference scheduled for 7/14/2021 and the deadlines for filing of the Civil Case Management Plan and exchange of Mandatory Disclosures are STAYED without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 6/14/2021. (jdp )
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| Filing 11 NOTICE by Ancient Brands, LLC re #10 First MOTION to Dismiss Complaint filed by Ancient Brands, LLC. Motion returnable before Judge Lawrence E. Kahn Notice of Motion (Curran, Douglas) |
| Filing 10 First MOTION to Dismiss Complaint filed by Ancient Brands, LLC. Motion returnable before Judge Lawrence E. Kahn Response to Motion due by 7/2/2021. Reply to Response to Motion due by 7/9/2021 (Attachments: #1 Request for Judicial Notice, #2 Ex. 1 - 2018 Label for Vanilla Bone Broth Protein, #3 Ex. 2 - In Market Label Vanilla Bone Broth Protein, #4 Ex. 3 - 2018 Label for Pure Bone Broth Protein, #5 Ex. 4 - In Market Label Pure Bone Broth Protein, #6 Ex 5 - 2018 Label for Chocolate Bone Broth Protein, #7 Ex. 6 - In Market Label Chocolate Bone Broth Protein, #8 Ex. 7 - 2018 Label for Turmeric Bone Broth Protein, #9 Ex. 8 -In Market Label Turmeric Bone Broth Protein, #10 Ex. 9 - 2018 Label for Coffee Bone Broth Protein, #11 Ex. 10 - 2018 Label for Salted Caramel Broth Protein, #12 Ex. 11 - In Market Label Salted Caramel Bone Broth Protein, #13 Ex. 12 - [2018, Seasonal] Label for Pumpkin Broth Protein, #14 Ex. 13 - 2018 Label for Banana Creme Broth Protein, #15 Ex. 14 - 2018 Label for Greens Broth Protein) (Curran, Douglas) |
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Filing 9
TEXT ORDER: Letter Motion #8 is GRANTED insofar as Defendant is directed to file a response to the complaint by 6/11/2021. SO ORDERED by Magistrate Judge Miroslav Lovric on 5/25/2021. (jdp )
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| Filing 8 MOTION for Extension of Time to File Answer filed by Ancient Brands, LLC. Response to Motion due by 6/11/2021 Motions referred to Miroslav Lovric. (Curran, Douglas) |
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Filing 7
STIPULATION AND ORDER RE BRIEFING SCHEDULE FOR MOTION TO DISMISS: 1. Ancient Brands will file its Motion to Dismiss the Complaint on May 21, 2021. 2. Plaintiffs Opposition to that Motion will be due on June 11, 2021. 3. Ancient Brands Reply will be due on June 18, 2021. Signed by Senior Judge Lawrence E. Kahn on May 03, 2021. (sas)
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| Filing 6 STIPULATION re #1 Complaint, Briefing Schedule by Ancient Brands, LLC submitted to Judge Lawrence E. Kahn. (Curran, Douglas) |
| Filing 5 NOTICE of Appearance by Douglas S. Curran on behalf of All Defendants (Curran, Douglas) |
| ***Answer deadline set for Ancient Brands, LLC to 4/30/2021. (jmb) |
| Filing 4 AFFIDAVIT of Service for Summons, Complaint with exhibits, Civil Cover Sheet, Docket Sheet & G.O 25 Filing Order served on Gina Martinez, CT Corporation System Authorized Agent on April 9, 2021, filed by Diedre Bush, Raquel Diaz. (Garber, Todd) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 7/14/2021 at 11:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/7/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
| Filing 2 Summons Issued as to Ancient Brands, LLC. (jmb) |
| Filing 1 CLASS ACTION COMPLAINT with JURY DEMAND: against Ancient Brands, LLC (Filing fee $402 receipt number ANYNDC-5482778) filed by Diedre Bush and Raquel Diaz. (Attachments: #1 Exhibit A - Letter re Violations dated 3/22/2021, #2 Exhibit B - Certified Mail Receipt, #3 Civil Cover Sheet) (jmb) |
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