Brownell v. Starbucks Coffee Company
| Kristie Brownell |
| Starbucks Coffee Company |
| 5:2022cv01199 |
| November 13, 2022 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Frederick J Scullin |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 25 JUDGMENT: IT IS ORDERED AND ADJUDGED that Defendant's motion to dismiss, see Dkt. No. #14 , is GRANTED; and it is further ORDERED that Mr. Sheehan show cause why he has not violated Rule 11(b)(2) in the manner noted and why, if the Court finds that he has violated said Rule, the Court should not impose sanctions against him for such violation. In this regard, the Court instructs Mr. Sheehan to file with the Court a letter brief, not to exceed five pages, setting forth his position regarding this matter on or before July 28, 2023; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendant's favor and close this case. (rep) |
Filing 24
MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Defendant's motion to dismiss, see Dkt. No. #14 , is GRANTED; and the Court further ORDERS that Mr. Sheehan show cause why he has not violated Rule 11(b)(2) in the manner noted above and why, if the Court finds that he has violated said Rule, the Court should not impose sanctions against him for such violation. In this regard, the Court instructs Mr. Sheehan to file with the Court a letter brief, not to exceed five pages, setting forth his position regarding this matter on or before July 28, 2023; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendant's favor and close this case. Signed by Senior Judge Frederick J. Scullin, Jr on July 12, 2023. (rep)
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| Set Deadlines: Deadline for plaintiff's counsel to comply with the #24 Order is 7/28/2023. (rep) |
| Filing 23 REPLY to Response to Motion re #14 MOTION to Dismiss for Failure to State a Claim filed by Starbucks Coffee Company. Motion returnable before Judge Frederick J. Scullin, Jr. filed by Starbucks Coffee Company. (Henry, Sascha) |
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Filing 22
TEXT ORDER: Upon closer review of the docket, the Court notes that a text order was entered granting an agreed-upon briefing motion schedule. See Dkt. No. 10. In light of this, the Court sees that Plaintiff's #20 Response is timely and Defendant's reply is due by April 25, 2023. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on April 14, 2023. (rep)
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Filing 21
TEXT ORDER: In light of the fact that Plaintiff did not file her response in opposition to Defendants motion to dismiss until April 12, 2023, the Court extends the time for Defendant to file its reply to Plaintiffs opposition until April 19, 2023. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on April 14, 2023. (rep)
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| Filing 20 RESPONSE in Opposition re #14 MOTION to Dismiss for Failure to State a Claim filed by Starbucks Coffee Company. Motion returnable before Judge Frederick J. Scullin, Jr. filed by Kristie Brownell. (Attachments: #1 Exhibit(s) Exhibit A)(Hillebrand, Theodore) |
| Filing 19 NOTICE OF APPEARANCE by Theodore T. Hillebrand on behalf of Kristie Brownell (Hillebrand, Theodore) |
| Filing 18 NOTICE OF APPEARANCE by Robert J. Guite on behalf of Starbucks Coffee Company (Guite, Robert) |
| Filing 17 TEXT ORDER: Granting #15 Motion for Limited Admission Pro Hac Vice for Robert J. Guite. 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. Attorney Guite is hereby admitted to practice in this action on behalf of defendant. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/17/2023. (kmc) |
| Filing 16 TEXT ORDER: The Rule 16 conference set for 4/12/2023 and the 4/5/2023 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the #14 motion to dismiss. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/17/2023. (kmc) |
| Filing 15 MOTION for Limited Admission Pro Hac Vice of Robert J. Guite Filing fee $100, receipt number ANYNDC-6233420. (Attachments: #1 Declaration Declaration of Sponsor for Pro Hac Vice Admission, #2 Supplement Attorney Registration Form, #3 Supplement Petition for Admission to Practice, #4 Supplement Certificate of Good Standing) Motions referred to Andrew T. Baxter. (Garrity, Paul) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim filed by Starbucks Coffee Company. Motion returnable before Judge Frederick J. Scullin, Jr. Response to Motion due by 4/6/2023. Reply to Response to Motion due by 4/13/2023 (Attachments: #1 Memorandum of Law, #2 Certificate of Service) (Henry, Sascha) |
| Filing 13 NOTICE OF APPEARANCE by Sascha Henry on behalf of Starbucks Coffee Company (Henry, Sascha) |
| Filing 12 TEXT ORDER: Granting #11 Motion for Limited Admission Pro Hac Vice for Sascha Henry. 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. Attorney Henry is/are hereby admitted to practice in this action on behalf of defendant. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/15/2023. (kmc) |
| Filing 11 MOTION for Limited Admission Pro Hac Vice of Sascha Henry Filing fee $100, receipt number ANYNDC-6230821. (Attachments: #1 Declaration Declaration of Sponsor for Pro Hac Vice Admission, #2 Supplement Attorney Registration Form, #3 Supplement Petition for Admission to Practice, #4 Supplement Certificate of Good Standing) Motions referred to Andrew T. Baxter. (Garrity, Paul) |
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Filing 10
TEXT ORDER: Granting the proposed motion briefing scheduled noted within the #9 Letter Request. Defendant's Motion to Dismiss is due by 3/16/2023. Plaintiff's response in opposition will be due by April 12, 2023 and Defendant's reply is due April 25, 2023. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on March 10, 2023. (rep)
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| Filing 9 Consent Letter Motion from Paul W. Garrity for Starbucks Coffee Company requesting So Ordered Briefing Schedule for Defendant's Motion to Dismiss submitted to Judge Frederick J. Scullin, Jr. . (Garrity, Paul) |
| Filing 8 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Starbucks Coffee Company identifying Other Affiliate Starbucks Corporation for Starbucks Coffee Company.. (Garrity, Paul) |
| Filing 7 NOTICE OF APPEARANCE by Paul W. Garrity on behalf of Starbucks Coffee Company (Garrity, Paul) |
| Filing 6 TEXT ORDER: Granting #5 Letter Request for an adjournment of the Rule 16 conference. The Initial Rule 16 Conference is reset for 4/12/2023 at 10:00 AM before US Magistrate Judge Andrew T. Baxter by telephone. The parties are directed to dial +1 315-691-0477 and enter ID code 801 633 239# to connect to the conference. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/5/2023. (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 US Magistrate Judge Andrew T. Baxter on February 8, 2023. (rep) |
| Filing 5 Joint Letter Motion from Spencer Sheehan for Kristie Brownell requesting Extension of Time for Conference and CMP submitted to Judge Andrew T. Baxter . (Sheehan, Spencer) |
| Filing 4 WAIVER OF SERVICE Returned Executed by Kristie Brownell. Starbucks Coffee Company waiver sent on 1/23/2023, answer due 3/24/2023. (Sheehan, Spencer) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/13/2023 10:00 AM by Telephone before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/6/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) (Main Document 3 replaced on 11/15/2022) (ztc, ). |
| Filing 2 Summons Issued as to Starbucks Coffee Company. (mgh) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #3 G.O. 25 Filing Order, Clerk replaced the document as the initial copy had the incorrect date of the conference as 2/13/2022 when the correct date is 2/13/2023. (ztc) |
| Filing 1 COMPLAINT against Starbucks Coffee Company (Filing fee $402 receipt number ANYNDC-6097716) filed by Kristie Brownell. (Attachments: #1 Civil Cover Sheet)(mgh) |
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| Plaintiff: Kristie Brownell | |
| Represented By: | Spencer Sheehan |
| Represented By: | Theodore T. Hillebrand |
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| Defendant: Starbucks Coffee Company | |
| Represented By: | Paul W. Garrity |
| Represented By: | Robert J. Guite |
| Represented By: | Sascha Henry |
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