Steak n Shake Inc. v. Wilmington Trust, National Association
| Steak n Shake Inc. (f/k/a Steak n Shake Operations, Inc.) |
| Wilmington Trust, National Association |
| 1:2020cv06096 |
| August 4, 2020 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 7, 2020. A more recent docket listing may be available from PACER.
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Filing 35
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lewis J. Liman on 9/29/2020) (va)
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| Filing 34 PROPOSED PROTECTIVE ORDER. Document filed by Steak n Shake Inc. (f/k/a Steak n Shake Operations, Inc.)..(McQuaid, Nicholas) |
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Filing 33
ORDER Upon the request of the parties, see Dkt. No. 32, the status conference scheduled for September 29, 2020 is CANCELLED. The parties having resolved their discovery dispute, the Clerk of Court is respectfully directed to close the motion at Dkt. No. 28. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (wt)
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| Filing 32 JOINT LETTER addressed to Judge Lewis J. Liman from Nicholas McQuaid dated September 28, 2020 re: status update relating to motion to compel (Dkt. 28). Document filed by Steak n Shake Inc. (f/k/a Steak n Shake Operations, Inc.)..(McQuaid, Nicholas) |
| Filing 31 JOINT LETTER addressed to Judge Lewis J. Liman from Nicholas McQuaid dated September 24, 2020 re: submission pursuant to September 23, 2020 Order (Dkt. 30). Document filed by Steak n Shake Inc. (f/k/a Steak n Shake Operations, Inc.)..(McQuaid, Nicholas) |
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Filing 30
ORDER with respect to #28 Letter Motion to Compel. The Court orders the parties to meet and confer on document requests on Wednesday, September 23, 2020, and to submit a joint letter to the Court on ECF by no later than 5:00 p.m. on Thursday, September 24, 2020 laying out any disputes that remain. For each request that is disputed, the joint letter shall go through each request in number order, laying out the respective positions of each party (Plaintiff first and then Defendant) as to relevance and burden (or other objection) in a discrete short paragraph (no more than six 12 point roman space lines) for each request. The Court will hear the parties by telephone conference at 6:00 p.m. on September 29, 2020. At that date and time, the parties shall dial the Court's conference line at 888-251-2909 (access code: 2123101). In addition, the parties are to meet and confer between September 23, 2020 and September 29, 2020 to attempt to resolve any remaining disputes. Under those standards, and without passing on the question whether Defendant has a right to the documents under the Credit Agreement, at a minimum, the following documents are plainly are relevant and proportional to the needs of the case and must be produced: the documents requested by defense counsel on the second page of the letter dated July 27, 2020, at Dkt. No. 15-7, and the documents requested by defense counsel in the first three bullet points of the letter dated September 2, 2020, at Dkt. No. 28-2. The Court reserves judgment on the remainder of the documents requested in Request No. 1, pending further discussion of the relevance of such material. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/23/2020) (va)
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| Set/Reset Hearings: Telephone Conference set for 9/29/2020 at 06:00 PM before Judge Lewis J. Liman. (va) |
| Filing 29 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from Christopher Clark dated September 21, 2020 re: #28 LETTER MOTION to Compel Steak n Shake Inc. to Produce Documents addressed to Judge Lewis J. Liman from John F. Hagan, Jr. dated September 21, 2020. . Document filed by Steak n Shake Inc. (f/k/a Steak n Shake Operations, Inc.)..(Clark, Christopher) |
| Filing 28 LETTER MOTION to Compel Steak n Shake Inc. to Produce Documents addressed to Judge Lewis J. Liman from John F. Hagan, Jr. dated September 21, 2020. Document filed by Wilmington Trust, National Association. (Attachments: #1 Exhibit A) Sept. 1, 2020 Hrg Tr., #2 Exhibit B) Sept. 2, 2020 Email, #3 Exhibit C) Sept. 3, 2020 Opinion & Order, #4 Exhibit D) Sept. 3, 2020 Production Cover Letter, #5 Exhibit E) Sept. 4, 2020 Hrg Tr., #6 Exhibit F) Sept. 4, 2020 Email, #7 Exhibit G) Sept. 9, 2020 Email, #8 Exhibit H) Sept. 16, 2020 Production Cover Letter, #9 Exhibit I) Sept. 16, 2020 Email, #10 Exhibit J) Sept. 17, 2020 Email).(Hagan, John) |
| Filing 27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/20/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 26 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/20/2020 before Judge Lewis J. Liman. Court Reporter/Transcriber: George Malinowski, (212) 805-0300. 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 10/6/2020. Redacted Transcript Deadline set for 10/16/2020. Release of Transcript Restriction set for 12/14/2020..(McGuirk, Kelly) |
| Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/1/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 24 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/1/2020 before Judge Lewis J. Liman. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. 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 10/6/2020. Redacted Transcript Deadline set for 10/16/2020. Release of Transcript Restriction set for 12/14/2020..(McGuirk, Kelly) |
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Filing 23
AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Fact Discovery due by 10/16/2020. Expert Discovery due by 10/30/2020. Deposition due by 10/30/2020. Proposed Pretrial Order due by 11/5/2020. Status Conference set for 11/6/2020 at 10:00 AM before Judge Lewis J. Liman. This case is not to be tried to a jury. ORDERED that a bench trial in this case is scheduled to begin on November 9, 2020 at 10:00 a.m. Bench Trial set for 11/9/2020 at 10:00 AM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 9/11/2020) (va)
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Filing 22
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Fact Discovery due by 10/16/2020. Expert Discovery due by 10/30/2020. Deposition due by 10/30/2020. Proposed Pretrial Order due by 11/5/2020. Status Conference set for 11/6/2020 at 10:00 AM before Judge Lewis J. Liman. This case is to be tried to a jury. ORDERED that a jury trial in this case is scheduled to begin on November 9, 2020 at 10:00 a.m. Jury Trial set for 11/9/2020 at 10:00 AM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 9/9/2020) (va)
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| Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 9/4/2020. Christopher Clark, Matt Valenti, Nick McQuaid, and Zach Rowen present by telephone for Plaintiff. Stephanna Szotkowski and John Hagan, Jr. present by telephone for Defendant. Court reporter present by telephone. Bench Trial set for November 9, 2020 at 9:30AM before Judge Lewis J. Liman. (mf) |
| Filing 21 JOINT LETTER addressed to Judge Lewis J. Liman from Christopher J. Clark and John F. Hagan, Jr. dated September 3, 2020 re: Response to Court's order (Dkt. 20) proposing discovery schedule. Document filed by Steak n Shake Inc. (f/k/a Steak n Shake Operations, Inc.). (Attachments: #1 Exhibit A- Emal Exchange).(Clark, Christopher) |
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Filing 20
OPINION & ORDER: For the reasons stated, the motion for a preliminary injunction is denied. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 6. As ordered at the previous conference, the parties shall jointly submit, by 6 p.m. on September 3, 2020, a proposal for discovery or another proposal for how this case will proceed. As further ordered at the previous conference, the parties shall appear for a TELEPHONE CONFERENCE on Friday, September 4, 2020 at 10:00 a.m. to discuss case management going forward. At that date and time, the parties are directed to dial the Court's conference line at: 888-251-2909 (access code: 2123101). SO ORDERED., Telephone Conference set for 9/4/2020 at 10:00 AM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 9/3/2020) (rj)
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Filing 19
ORDER The Court has received a letter from the parties indicating a possible conflict with the 10:00 a.m. telephone conference scheduled for tomorrow, September 4, 2020. Accordingly, the conference will be held instead at 9:30 a.m. on September 4, 2020. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (wt)
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| Set/Reset Hearings: Telephone Conference set for 9/4/2020 at 09:30 AM before Judge Lewis J. Liman. (mf) |
| Minute Entry for proceedings held before Judge Lewis J. Liman: Preliminary Injunction Telephone Conference held on 9/1/2020. Christopher Clark, Matt Valenti, Nick McQuaid, and Zach Rowen present by telephone for Plaintiff. Stephanna Szotkowski and John Hagan, Jr. present by telephone for Defendant. Court reporter present by telephone. The Court heard arguments from both Plaintiff and Defendant. Next Telephone Conference set for September 4, 2020 at 10:00AM before Judge Lewis J. Liman. (mf) |
| Set/Reset Hearings: Telephone Conference set for 9/4/2020 at 10:00 AM before Judge Lewis J. Liman. (mf) |
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Filing 18
ORDER granting #13 Motion for JOHN F. HAGAN, JR to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (wt)
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| Filing 17 REPLY MEMORANDUM OF LAW in Support re: #6 Proposed Order to Show Cause With Emergency Relief, . Document filed by Steak n Shake Inc. (f/k/a Steak n Shake Operations, Inc.)..(Clark, Christopher) |
| Filing 16 MEMORANDUM OF LAW in Opposition re: #6 Proposed Order to Show Cause With Emergency Relief, . Document filed by Wilmington Trust, National Association..(Hagan, John) |
| Filing 15 DECLARATION of DAVID ORLOFSKY in Opposition re: #6 Proposed Order to Show Cause With Emergency Relief,. Document filed by Wilmington Trust, National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit J).(Hagan, John) |
| Set/Reset Deadlines: Replies due by 8/28/2020. (va) Modified on 8/27/2020 (va). |
| Filing 14 DECLARATION of Steven L. May in Support re: #6 Proposed Order to Show Cause With Emergency Relief,. Document filed by Steak n Shake Inc. (f/k/a Steak n Shake Operations, Inc.). (Attachments: #1 Exhibit 1 - Wilmington Letter to Steak n Shake dated July 27, 2020, #2 Exhibit 2 - Sales of CBRL for 2018 and 2019, #3 Exhibit 3 - Schedule 13D for 2019, #4 Exhibit 4 - Placeholder, #5 Exhibit 5 - Steak n Shake Letter to Wilmington dated August 4, 2020, #6 Exhibit 6 - Steak n Shake - Meeting Minutes dated August 4, 2020, #7 Exhibit 7 - Steak n Shake - Meeting Minutes dated August 10, 2020, #8 Exhibit 8 - Steak n Shake Bid Procedures dated August 21, 2020, #9 Exhibit 9 - Steak n Shake Flyer dated August 5, 2020, #10 Exhibit 10 - Steak n Shake Property Portfolio Status Report dated August 14, 2020, #11 Exhibit 11 - Steak n Shake Property Portfolio Status Report dated August 20, 2020).(Clark, Christopher) |
| Filing 13 MOTION for JOHN F. HAGAN, JR. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21269454. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wilmington Trust, National Association. (Attachments: #1 Text of Proposed Order, #2 DECLARATION OF JOHN F. HAGAN, JR. IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, #3 Exhibit A to Declaration - Certificate of Good Standing).(Hagan, John) |
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Filing 12
ORDER: As agreed upon at the hearing, it is hereby ORDERED: Plaintiff shall file supplemental papers, if any, by August 21, 2020 at 5:00 p.m.; Defendant shall file its opposition brief by August 26, 2020 at 11:59 p.m.; Plaintiff shall submit a reply by August 28, 2020 at 5:00 p.m.A hearing is scheduled for September 1, 2020 at 3:30 p.m. Parties are directed to dial into the Court's teleconference line at 888-251-2909, Access Code, 2123101, and follow the necessary prompts. SO ORDERED. ( Telephone Conference set for 9/1/2020 at 03:30 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 8/21/2020) (va)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for JOHN F. HAGAN, JR. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21269454. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 8/20/2020 on (Dkt #6) PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Steak n Shake Inc. Nick McQuaid, Christopher Clark, Matt Valenti, and Zach Rowen present by telephone for Plaintiff. Stephanna Szotkowski and John Hagan, Jr. present by telephone for Defendant. Court reporter present by telephone. Plaintiff directed to order a copy of the transcript of the telephone conference. Next Telephone Conference set for September 1, 2020 at 3:30 p.m. before Judge Lewis J. Liman. (mf) |
| Filing 11 NOTICE OF APPEARANCE by Stephanna Francesca Szotkowski on behalf of Wilmington Trust, National Association..(Szotkowski, Stephanna) |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Wilmington Trust, National Association waiver sent on 8/7/2020, answer due 10/6/2020. Document filed by Steak n Shake Inc. (f/k/a Steak n Shake Operations, Inc.)..(Clark, Christopher) |
| Filing 9 DECLARATION of Steven L. May in Support re: #6 Proposed Order to Show Cause With Emergency Relief,. Document filed by Steak n Shake Inc. (f/k/a Steak n Shake Operations, Inc.). (Attachments: #1 Exhibit 1 - Credit Agreement, #2 Exhibit 2 - List of Properties, #3 Exhibit 3 - Letter to A&P Dated July 20, 2020, #4 Exhibit 4 - Bloomberg Article Dated July 31, 2020).(Clark, Christopher) |
| Filing 8 DECLARATION of Christopher J. Clark in Support re: #6 Proposed Order to Show Cause With Emergency Relief,. Document filed by Steak n Shake Inc. (f/k/a Steak n Shake Operations, Inc.)..(Clark, Christopher) |
| Filing 7 MEMORANDUM OF LAW in Support re: #6 Proposed Order to Show Cause With Emergency Relief, . Document filed by Steak n Shake Inc. (f/k/a Steak n Shake Operations, Inc.)..(Clark, Christopher) |
| Filing 6 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Steak n Shake Inc. (f/k/a Steak n Shake Operations, Inc.)..(Clark, Christopher) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
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ORDER: The parties shall appear for a Telephonic Conference on (Dkt #6) Plaintiff's Proposed Order to Show Cause for Preliminary Injunction on Thursday, August 20, 2020 at 4:00 p.m. Parties are directed to dial into the Court's teleconference line at (888) 251-2909 and use access code 2123101. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #6 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (dt) |
| Set/Reset Hearings: Telephone Conference set for 8/20/2020 at 04:00 PM before Judge Lewis J. Liman. (mf) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Wilmington Trust, National Association..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Case Designated ECF. (pc) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Biglari Holdings, Inc. for Steak n Shake Inc. (f/k/a Steak n Shake Operations, Inc.). Document filed by Steak n Shake Inc. (f/k/a Steak n Shake Operations, Inc.)..(Clark, Christopher) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Wilmington Trust, National Association, re: #1 Complaint,. Document filed by Steak n Shake Inc. (f/k/a Steak n Shake Operations, Inc.)..(Clark, Christopher) |
| Filing 2 CIVIL COVER SHEET filed..(Clark, Christopher) |
| Filing 1 COMPLAINT against Wilmington Trust, National Association. (Filing Fee $ 400.00, Receipt Number ANYSDC-21001721)Document filed by Steak n Shake Inc. (f/k/a Steak n Shake Operations, Inc.). (Attachments: #1 Exhibit A - Credit Agreement, #2 Exhibit B - Properties).(Clark, Christopher) |
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