Dyer et al v. Agri-Mark, Inc.
| Sam Dyer and SMR Dyer Farms LLC |
| Agri-Mark, Inc. |
| 8:2021cv01374 |
| December 22, 2021 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Glenn T Suddaby |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
Docket Report
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Filing 17
TEXT ORDER: Based upon the #16 Notice of Voluntary Dismissal without prejudice pursuant to F.R.C.P. 41(a)(1)(A)(i), the Clerk is directed to close this action. SO ORDERED by Chief Judge Glenn T. Suddaby on 1/28/2022. (sal )
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| Filing 16 NOTICE of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(i) by Sam Dyer, SMR Dyer Farms LLC (Meyer, Justin) |
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Filing 15
ORDER granting #11 motion for leave to file under seal Exhibits B, D, and E in support of Defendant's #12 Motion to Dismiss. Signed by Chief Judge Glenn T. Suddaby on 1/21/2022. (sal)
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| Filing 14 TEXT NOTICE: The Rule 16 Initial Conference scheduled for 1/26/2022 at 9:00 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (tab) |
| Filing 13 CIVIL CASE MANAGEMENT PLAN by Sam Dyer, SMR Dyer Farms LLC. (Meyer, Justin) |
| Filing 12 MOTION to Dismiss under Rules 12(b)(1) and 12(b)(6) filed by Agri-Mark, Inc.. Motion returnable before Judge Suddaby Response to Motion due by 2/7/2022. Reply to Response to Motion due by 2/14/2022 (Attachments: #1 Memorandum of Law, #2 Declaration of Thomas Pittman, #3 Exhibit(s) A (Member Marketing Agreement), #4 Exhibit(s) B (filed under seal), #5 Exhibit(s) C (10-1-2019 Letter), #6 Exhibit(s) D (filed under seal), #7 Exhibit(s) E (filed under seal)) (O'Toole, Jill) (Attachment 4 replaced on 1/21/2022) (sal, ). (Attachment 6 replaced on 1/21/2022) (sal, ). (Attachment 7 replaced on 1/21/2022) (sal, ). |
| Filing 11 MOTION Seal Certain Exhibits in Support of Motion to Dismiss filed by Agri-Mark, Inc.. Response to Motion due by 2/7/2022 Motions referred to Christian F. Hummel. (O'Toole, Jill) |
| Filing 10 AFFIDAVIT of Service for Notice of Appearance and Letter to Court responding to motion for extension of time to file answer served on Jill M. O'Toole, Esq. on 1/10/2022, filed by Sam Dyer, SMR Dyer Farms LLC. (Meyer, Justin) |
| Filing 9 RESPONSE to Motion re #5 MOTION for Extension of Time to File Answer or Respond to Complaint filed by Agri-Mark, Inc.. filed by Sam Dyer, SMR Dyer Farms LLC. (Meyer, Justin) |
| Filing 8 NOTICE of Appearance by Justin R. Meyer on behalf of Sam Dyer, SMR Dyer Farms LLC (Meyer, Justin) |
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Filing 7
TEXT ORDER granting in part #5 Motion for Extension of Time to Answer re #5 MOTION for Extension of Time to File Answer or Respond to Complaint filed by Agri-Mark, Inc. : Defendant's time to answer of otherwise respond the the complaint is extended to January 17, 2022. Authorized by Magistrate Judge Christian F. Hummel on 12/29/2021. (tab)
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| Filing 6 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Agri-Mark, Inc.. (O'Toole, Jill) |
| Filing 5 MOTION for Extension of Time to File Answer or Respond to Complaint filed by Agri-Mark, Inc.. Response to Motion due by 1/18/2022 Motions referred to Christian F. Hummel. (O'Toole, Jill) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Sam Dyer and SMR Dyer Farms LLC; Attorney William L. Owens, Email address is wowens@staffordowens.com. Phone number is 518-561-4400. Admissions due by 1/10/2022. (egr) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/26/2022 at 09:00 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 1/19/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (egr) |
| Filing 2 STATE COURT COMPLAINT and SUMMONS relating to #1 Notice of Removal, filed by Plaintiff(s) in Supreme Court, State of New York: Clinton County. (egr) |
| Filing 1 NOTICE OF REMOVAL from State of New York, Supreme Court: Clinton County, case number 2021-00021475 (Filing fee $402 receipt number ANYNDC-5752790) filed by Agri-Mark, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A: State Court Summons, #3 Exhibit B: State Court Affidavit of Service of Summons with Notice Through the Secretary of State as to Agri-Mark, Inc., #4 Exhibit C: State Court Affidavit of Service of Summons with Notice as to Agri-Mark, Inc., #5 Exhibit D: State Court Complaint, #6 Exhibit E: State Court Affidavit of Service of Complaint by Mail, #7 Exhibit F: State Court Affidavit of Service of Complaint Through the Secretary of State as to Agri-Mark, Inc., #8 Exhibit G: Declaration of Scott Werme in Support of Notice of Removal, #9 Exhibit H: State Court Docket, #10 Exhibit I: State Court Notification of Removal to Federal Court by Defendant with Affirmation of Service)(egr) |
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