Variblend Dual Dispensing Systems LLC, v. Crystal International Group, Inc. et al
| Variblend Dual Dispensing Systems LLC, |
| Crystal International Group, Inc. and Gerhard Brugger |
| JBCP-24 LLC and J. Burke Capital Partners LLC |
| 1:2018cv10758 |
| November 16, 2018 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Robert W Sweet |
| Ona T Wang |
| Contract: Other |
| 28 U.S.C. § 1441 nr Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on July 5, 2023. A more recent docket listing may be available from PACER.
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Filing 153
MEMO ENDORSEMENT on re: #152 Status Report filed by Variblend Dual Dispensing Systems LLC. ENDORSEMENT: The request is granted. The patties shall submit a joint status letter regarding their settlement discussions on March 30, 2023. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/10/2023) (va)
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Filing 152
STATUS REPORT. Status Letter Document filed by Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 151
ORDER granting #149 Letter Motion to Adjourn Conference. The pretrial order deadline is adjourned sine die and the action is hereby removed from the Court's trial calendar. A joint status update is due March 9, 2023. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 150
LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from Michael M. Munoz dated 2/7/2023., LETTER MOTION to Adjourn Conference addressed to Judge Edgardo Ramos from Michael M. Munoz dated 2/7/2023. Document filed by Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 149
LETTER MOTION to Adjourn Conference addressed to Judge Edgardo Ramos from Michael M. Munoz dated February 7, 2023. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Minute Entry for proceedings held before Judge Edgardo Ramos: Status Conference held on 12/13/2022 by telephone. Plaintiff's and Defendant's counsel present. A three-day bench trial will begin on March 20, 2023 at 09:30 AM. The pretrial order is due February 14, 2023. (jar)
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Filing 148
OPINION AND ORDER: re: #121 MOTION for Summary Judgment filed by Crystal International Group, Inc., #106 MOTION to Strike Plaintiffs Supplemental Expert Report filed by Crystal International Group, Inc., Gerhard Brugger, #110 MOTION for Partial Summary Judgment to Dismiss Count I(D) and Count IV of Amended Brugger Counterclaim filed by J. Burke Capital Partners LLC, Variblend Dual Dispensing Systems LLC, JBCP-24 LLC, #117 MOTION for Summary Judgment filed by Gerhard Brugger, #113 MOTION to Preclude Testimony and Report of Plaintiff's Expert Mr. Pete Walters filed by Crystal International Group, Inc., Gerhard Brugger. For the foregoing reasons, the Court DENIES Counterclaim-Defendants' motion for partial summary judgment, Doc. 110, GRANTS Crystal's motion for summary judgment, Doc. 121, and GRANTS in in part and DENIES in part Brugger's motion for summary judgment, Doc. 117. The Court further DENIES Brugger and Crystal's motion to preclude expert testimony, Doc. 113, and GRANTS their motion to strike VariBlend's supplemental expert report, Doc. 106. The parties are directed to appear for a telephonic status conference at 10:00 a.m. on December 13, 2022. The parties are directed to dial (877) 411-9748 and to enter access code 3029857#. The Clerk of the Court is respectfully directed to terminate the motions. Docs. 106, 110, 113, 117, 121. It is SO ORDERED., ( Telephone Conference set for 12/13/2022 at 10:00 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 11/22/2022) (ama)
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Filing 147
ORDER GRANTING JOINT STIPULATED DISMISSAL OF BRUGGER'S COUNT IV COUNTERCLAIM FOR UNFAIR COMPETITION: This Court, having considered the parties' Joint Stipulated Dismissal of Brugger's Count IV Counterclaim for Unfair Competition, hereby GRANTS the Stipulation and ORDERS the following: Brugger's Count IV Counterclaim for Unfair Competition is dismissed. SO ORDERED. (Signed by Judge Edgardo Ramos on 9/29/2022) (ama)
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Filing 146
PROPOSED STIPULATION AND ORDER. Document filed by Gerhard Brugger, Crystal International Group, Inc.. (Attachments: #1 Text of Proposed Order re Dismissal of Brugger's Count IV Counterclaim for Unfair Competition).(Autuoro, Michael)
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Filing 145
REPLY MEMORANDUM OF LAW in Support re: #117 MOTION for Summary Judgment . . Document filed by Gerhard Brugger..(Autuoro, Michael)
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Filing 144
REPLY MEMORANDUM OF LAW in Support re: #113 MOTION to Preclude Testimony and Report of Plaintiff's Expert Mr. Pete Walters. . Document filed by Gerhard Brugger, Crystal International Group, Inc...(Autuoro, Michael)
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Filing 143
REPLY MEMORANDUM OF LAW in Support re: #121 MOTION for Summary Judgment . . Document filed by Crystal International Group, Inc...(Autuoro, Michael)
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Filing 142
REPLY MEMORANDUM OF LAW in Support re: #110 MOTION for Partial Summary Judgment to Dismiss Count I(D) and Count IV of Amended Brugger Counterclaim. . Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 141
COUNTER STATEMENT TO #120 Rule 56.1 Statement. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 140
DECLARATION of Michael M. Munoz in Opposition re: #117 MOTION for Summary Judgment .. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Attachments: #1 Exhibit 1 - Executive License Agreement, #2 Exhibit 2 - Mr. Pete Walters Expert Report, #3 Exhibit 3 - Lauerwald Excerpts, #4 Exhibit 4 - Spreadsheet, #5 Exhibit 5 - Powerpoint).(Munoz, Michael)
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Filing 139
MEMORANDUM OF LAW in Opposition re: #117 MOTION for Summary Judgment . . Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 138
COUNTER STATEMENT TO #124 Rule 56.1 Statement. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 137
MEMORANDUM OF LAW in Opposition re: #121 MOTION for Summary Judgment . . Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 136
DECLARATION of Michael M. Munoz in Opposition re: #121 MOTION for Summary Judgment .. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Attachments: #1 Exhibit 1 - Yoder Excerpts, #2 Exhibit 2 - Hwang Excerpts, #3 Exhibit 3 - Chen Excerpts, #4 Exhibit 4 - Brugger Excerpts, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22).(Munoz, Michael)
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Filing 135
DECLARATION of Pete Walters in Opposition re: #113 MOTION to Preclude Testimony and Report of Plaintiff's Expert Mr. Pete Walters.. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 134
MEMORANDUM OF LAW in Opposition re: #113 MOTION to Preclude Testimony and Report of Plaintiff's Expert Mr. Pete Walters. . Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 133
DECLARATION of Michael M. Munoz in Opposition re: #113 MOTION to Preclude Testimony and Report of Plaintiff's Expert Mr. Pete Walters.. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Attachments: #1 Exhibit 1 - Mr. Pete Walters Expert Report, #2 Exhibit 2 - Excerpts of Glenn May Responsive Expert Report, #3 Exhibit 3 - Exclusive License Agreement, #4 Exhibit 4 - Mr. Pete Walters Supplemental Expert Report).(Munoz, Michael)
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Filing 132
ORDER: granting #131 Letter Motion for Extension of Time. The request for an extension to June 8, 2022 is Granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 6/08/2022) (ama)
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Set/Reset Deadlines: Responses due by 6/8/2022 (ama)
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Filing 131
EMERGENCY LETTER MOTION for Extension of Time for Plaintiff Counterclaim-Defendants to File Oppositions to Gerhard Bruggers Motion for Summary Judgment, Crystal International (Group) Inc.s Motion for Summary Judgment and to Defendants Motion to Exclude Testimony and Report of Plaintiff Expert, Mr. Pete Walters addressed to Judge Edgardo Ramos from Michael M. Munoz dated June 7, 2022. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 130
RESPONSE re: #112 Memorandum of Law in Support of Motion, Counterclaim Plaintiff's Response to Counterclaim Defendants Local Rule 56.1 Statement of Material Facts.. Document filed by Gerhard Brugger..(Autuoro, Michael)
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Filing 129
MEMORANDUM OF LAW in Opposition re: #110 MOTION for Partial Summary Judgment to Dismiss Count I(D) and Count IV of Amended Brugger Counterclaim. . Document filed by Gerhard Brugger. (Attachments: #1 Affidavit Declaration of Michael F. Autuoro ISO Counterclaim Plaintiff's Opposition to Counterclaim-Defendants' Motion for Partial Summary Judgment, #2 Exhibit 1, #3 Exhibit 2).(Autuoro, Michael)
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Filing 128
ORDER: granting #127 Letter Motion for Extension of Time. The extension is granted. The response is due June 7, 2022 and the reply is due July 12, 2022. SOORDERED. (Signed by Judge Edgardo Ramos on 6/01/2022) (ama)
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Filing 127
LETTER MOTION for Extension of Time to File Opposition and Reply to Multiple Motions addressed to Judge Edgardo Ramos from Michael M. Munoz dated June 1, 2022. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Set/Reset Deadlines: Responses due by 6/7/2022 Replies due by 7/12/2022. (ama)
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Filing 126
LETTER addressed to Judge Edgardo Ramos from Michael F. Autuoro dated April 21, 2022 re: Requesting oral argument on Defendants Motion for Summary Judgment. Document filed by Gerhard Brugger..(Autuoro, Michael)
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Filing 125
LETTER addressed to Judge Edgardo Ramos from Michael F. Autuoro dated April 21, 2022 re: Request oral argument on Defendants Motion for Summary Judgment. Document filed by Crystal International Group, Inc...(Autuoro, Michael)
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Filing 124
RULE 56.1 STATEMENT. Document filed by Crystal International Group, Inc...(Autuoro, Michael)
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Filing 123
DECLARATION of Michael F. Autuoro in Support re: #121 MOTION for Summary Judgment .. Document filed by Crystal International Group, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19).(Autuoro, Michael)
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Filing 122
MEMORANDUM OF LAW in Support re: #121 MOTION for Summary Judgment . . Document filed by Crystal International Group, Inc...(Autuoro, Michael)
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Filing 121
MOTION for Summary Judgment . Document filed by Crystal International Group, Inc...(Autuoro, Michael)
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Filing 120
RULE 56.1 STATEMENT. Document filed by Gerhard Brugger..(Autuoro, Michael)
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Filing 119
DECLARATION of Michael F. Autuoro in Support re: #117 MOTION for Summary Judgment .. Document filed by Gerhard Brugger. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15).(Autuoro, Michael)
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Filing 118
MEMORANDUM OF LAW in Support re: #117 MOTION for Summary Judgment . . Document filed by Gerhard Brugger..(Autuoro, Michael)
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Filing 117
MOTION for Summary Judgment . Document filed by Gerhard Brugger..(Autuoro, Michael)
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Filing 116
LETTER addressed to Judge Edgardo Ramos from Michael F. Autuoro dated April 21, 2022 re: Request oral argument on Defendants Motion to Exclude Testimony and Report of Plaintiff's Expert, Mr. Pete Walters. Document filed by Gerhard Brugger, Crystal International Group, Inc...(Autuoro, Michael)
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Filing 115
DECLARATION of Michael F. Autuoro in Support re: #113 MOTION to Preclude Testimony and Report of Plaintiff's Expert Mr. Pete Walters.. Document filed by Gerhard Brugger, Crystal International Group, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8).(Autuoro, Michael)
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Filing 114
MEMORANDUM OF LAW in Support re: #113 MOTION to Preclude Testimony and Report of Plaintiff's Expert Mr. Pete Walters. . Document filed by Gerhard Brugger, Crystal International Group, Inc...(Autuoro, Michael)
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Filing 113
MOTION to Preclude Testimony and Report of Plaintiff's Expert Mr. Pete Walters. Document filed by Gerhard Brugger, Crystal International Group, Inc...(Autuoro, Michael)
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Filing 112
MEMORANDUM OF LAW in Support re: #110 MOTION for Partial Summary Judgment to Dismiss Count I(D) and Count IV of Amended Brugger Counterclaim. . Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Attachments: #1 Rule 56.1 Statement of Material Facts).(Munoz, Michael)
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Filing 111
DECLARATION of Michael M. Munoz in Support re: #110 MOTION for Partial Summary Judgment to Dismiss Count I(D) and Count IV of Amended Brugger Counterclaim.. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Attachments: #1 Exhibit License Agreement, #2 Exhibit Bruggers First Amended Answer, #3 Exhibit Compilation of Brugger Deposition Pages).(Munoz, Michael)
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Filing 110
MOTION for Partial Summary Judgment to Dismiss Count I(D) and Count IV of Amended Brugger Counterclaim. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 109
REPLY MEMORANDUM OF LAW in Support re: #106 MOTION to Strike Plaintiffs Supplemental Expert Report. . Document filed by Gerhard Brugger, Crystal International Group, Inc...(Autuoro, Michael)
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Filing 108
MEMORANDUM OF LAW in Opposition re: #106 MOTION to Strike Plaintiffs Supplemental Expert Report. . Document filed by Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 107
MEMORANDUM OF LAW in Support re: #106 MOTION to Strike Plaintiffs Supplemental Expert Report. . Document filed by Gerhard Brugger, Crystal International Group, Inc...(Autuoro, Michael)
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Filing 106
MOTION to Strike Plaintiffs Supplemental Expert Report. Document filed by Gerhard Brugger, Crystal International Group, Inc...(Autuoro, Michael)
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Filing 105
MEMO ENDORSEMENT on re: #104 Letter, filed by Crystal International Group, Inc., Gerhard Brugger. ENDORSEMENT: The application is granted. (Motions due by 4/21/2022., Responses due by 6/2/2022, Replies due by 6/23/2022.) (Signed by Judge Edgardo Ramos on 2/25/2022) (jca)
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Filing 104
JOINT LETTER addressed to Judge Edgardo Ramos from Michael Autuoro and Michael M. Munoz dated February 24, 2022 re: Proposed Briefing Schedule for Summary Judgment, Daubert Motion and Motion to Strike. Document filed by Gerhard Brugger, Crystal International Group, Inc...(Autuoro, Michael)
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FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 2/17/2022 at 10:00 AM in telephone or video conference.(ah)
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Filing 102
NOTICE OF APPEARANCE by Scott Philip Yakaitis on behalf of J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,..(Yakaitis, Scott)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 2/11/2022.(ah)
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Filing 101
ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. All deadlines are hereby stayed. If the mediation is unsuccessful, the parties are directed to submit a joint proposed scheduling order within five business days of the completion of the Mediation Program. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 1/18/2022. (Signed by Judge Edgardo Ramos on 1/6/2022) (ate)
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Filing 100
JOINT LETTER addressed to Judge Edgardo Ramos from Michael F. Autuoro and Michael M. Munoz dated January 6, 2022 re: Request that the Court Refer this Matter to the Mediation Program of the Southern District of New York. Document filed by Gerhard Brugger, Crystal International Group, Inc...(Autuoro, Michael)
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Filing 99
ORDER: granting #98 Letter Motion for Conference re: #98 LETTER MOTION for Conference regarding Defendants' intention to file a Motion to Strike. addressed to Judge Edgardo Ramos from Michael F. Autuoro dated December 23, 2021. The Defendants are granted leave to file a motion to strike. The motion is due January 10, 2022, response due January 24, 2022, reply due January 31, 2022. SO ORDERED. (Signed by Judge Edgardo Ramos on 12/27/2021) (ama)
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Set/Reset Deadlines: Motions due by 1/10/2022. Responses due by 1/24/2022 Replies due by 1/31/2022. (ama)
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Filing 98
LETTER MOTION for Conference regarding Defendants' intention to file a Motion to Strike addressed to Judge Edgardo Ramos from Michael F. Autuoro dated December 23, 2021. Document filed by Gerhard Brugger, Crystal International Group, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Autuoro, Michael)
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Filing 97
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/8/21 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....(Moya, Goretti)
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Filing 96
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/8/2021 before Judge Edgardo Ramos. Court Reporter/Transcriber: Pamela Utter, (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 1/10/2022. Redacted Transcript Deadline set for 1/18/2022. Release of Transcript Restriction set for 3/18/2022..(Moya, Goretti)
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Filing 95
MEMO ENDORSEMENT on re: #94 Letter, filed by Crystal International Group, Inc., Gerhard Brugger. ENDORSEMENT: The application is granted. (Signed by Judge Edgardo Ramos on 12/13/2021) (rro)
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Filing 94
JOINT LETTER addressed to Judge Edgardo Ramos from Michael F. Autuoro dated December 10, 2021 re: Settlement Status and Proposed Briefing Schedule for Summary Judgment and Daubert. Document filed by Gerhard Brugger, Crystal International Group, Inc...(Autuoro, Michael)
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Minute Entry for proceedings held before Judge Edgardo Ramos: Case Management Conference held on 12/8/2021 by telephone. Plaintiff's and Defendant's counsel present. The parties are directed to submit a joint letter advising the court how they wish to proceed. (jar)
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DOCKET ANNOTATION: Scheduling Notice - The case management conference currently scheduled for December 8, 2021 at 9 a.m. will occur by telephone. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. (jar)
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Filing 93
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER granting #92 Motion for Extension of Time to Complete Discovery. Pursuant to Fed. R. Civ. P. 16, and upon review of the letter motion submitted by counsel, the Court hereby orders that the Civil Scheduling Order dated October 19, 2021, be revised as follows: 1. The case status conference scheduled for November 19, 2021 is continued December 8, 2021 at 9 a.m.; and 2. Expert depositions shall be completed on or before November 23, 2021. SO ORDERED.. (Signed by Judge Edgardo Ramos on 11/15/2021) Deposition due by 11/23/2021. (ks) Modified on 11/15/2021 (ks).
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Filing 92
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Edgardo Ramos from Michael M. Munoz dated November 15, 2021. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Attachments: #1 Text of Proposed Order).(Munoz, Michael)
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Set/Reset Hearings: Status Conference set for 12/8/2021 at 09:00 AM before Judge Edgardo Ramos. (ks)
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Filing 91
ORDER: Pursuant to discovery extensions granted in Doc. 90, the Case Management Conference scheduled for November 9th is adjourned to November 19, 2021 at 9 am. SO ORDERED. (Signed by Judge Edgardo Ramos on 10/19/2021) (ama)
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Filing 90
REVISED CIVIL CASE DISCOVER PLAN AND SCHEDULING ORDER: granting #89 Letter Motion for Extension of Time to Complete Discovery. Pursuant to Fed. R. Civ. P. 16, and upon review of the letter motion submitted by counsel, the Court hereby orders that the Revised Civil Scheduling Order dated September 1, 2021, be revised as follows: Rebuttal expert reports (i.e., for issues where a party does not bear the burden of proof) shall be served on or before October 29, 2021; Expert depositions shall be completed on or before November 19, 2021; All discovery shall be completed on or before November 19, 2021. SO ORDERED. Deposition due by 11/19/2021. Discovery due by 11/19/2021. (Signed by Judge Edgardo Ramos on 10/19/2021) (ama)
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Filing 89
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Edgardo Ramos from Michael F. Autuoro dated October 19, 2021. Document filed by Gerhard Brugger, Crystal International Group, Inc.. (Attachments: #1 Text of Proposed Order).(Autuoro, Michael)
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Filing 88
REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER granting #87 Letter Motion for Extension of Time. Pursuant to Fed. R. Civ. P. 16, and upon review of the letter motion submitted by counsel, the Court hereby orders that the Civil Scheduling Order dated May 4, 2021, be revised as follows: Deposition due by 11/5/2021. Discovery due by 11/5/2021. The October 29, 2021 telephonic case management conference is hereby adjourned to November 9, 2021 at 10:00 a.m. The parties are directed to dial (877) 411-9748 at that time and enter access code 3029857, followed by the pound (#) sign. The Clerk of Court is respectfully directed to terminate the motion. Doc. 87. SO ORDERED. (Signed by Judge Edgardo Ramos on 9/1/21) (yv)
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Set/Reset Hearings: Telephone Conference set for 11/9/2021 at 10:00 AM before Judge Edgardo Ramos. (yv)
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Filing 87
LETTER MOTION for Extension of Time Re: Expert Discovery Deadlines addressed to Judge Edgardo Ramos from Michael M. Munoz dated August 30, 2021. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Attachments: #1 Text of Proposed Order).(Munoz, Michael)
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Filing 85
ORDER granting #83 Motion for Kyle J. Fleming to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 86
REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: Pursuant to Fed. R. Civ. P. 16, and upon review of the letter motion submitted by counsel, the Court hereby orders that the Civil Scheduling Order dated May 4, 2021, be revised as follows: Initial expert reports (i.e., for issues where a party bears the burden of proof) shall be served on or before August 31, 2021; Rebuttal expert reports (i.e., for issues where a party does not bear the burden of proof) shall be served on or before October 15, 2021; All discovery shall be completed on or before October 29, 2021. The October 8 case management conference is adjourned to October 29, 2021 at 11:30 a.m. So Ordered Expert depositions shall be completed on or before October 29, 2021; (Deposition due by 10/29/2021., Discovery due by 10/29/2021., Telephone Conference set for 10/29/2021 at 11:30 AM before Judge Edgardo Ramos.), Motions terminated: #84 LETTER MOTION for Extension of Time Re: Expert Discovery Deadlines be Extended by Three Weeks addressed to Judge Edgardo Ramos from Michael Munoz dated 7/26/2021. filed by Variblend Dual Dispensing Systems LLC,. (Signed by Judge Edgardo Ramos on 7/28/2021) (js)
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Filing 84
LETTER MOTION for Extension of Time Re: Expert Discovery Deadlines be Extended by Three Weeks addressed to Judge Edgardo Ramos from Michael Munoz dated 7/26/2021. Document filed by Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 83
MOTION for Kyle J. Fleming to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24810347. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gerhard Brugger, Crystal International Group, Inc.. (Attachments: #1 Declaration In Support of Motion for PHV, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Fleming, Kyle)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #83 MOTION for Kyle J. Fleming to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24810347. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 82
STIPULATION AND ORDER CONCERNING THE PROTOCOL FOR CONDUCTING REMOTE DEPOSITIONS: All depositions shall be conducted remotely using videoconference technology, and each deponent shall be video-recorded. (As further set forth in this Order.) Unless otherwise specified by Counsel noticing the deposition and agreed to by the Parties in advance of a deposition, Counsel for the Parties may keep any document or exhibit used or not used during the deposition. Counsel for third-party witnesses may keep any document used during the deposition in accordance with any Stipulated Protective Order (if applicable), and shall return any documents not used during the deposition to the Counsel who sent them originally, within two business days following the completion of the deposition, and shall not retain them in any manner. (Signed by Judge Edgardo Ramos on 6/28/2021) (cf)
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Filing 81
PROPOSED STIPULATION AND ORDER. Document filed by Gerhard Brugger, Crystal International Group, Inc...(Autuoro, Michael)
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Filing 80
ORDER granting #72 Letter Motion for Conference. See ECF 75. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (aww)
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Filing 79
AMENDED ANSWER to #46 Answer to Complaint, Counterclaim. Document filed by Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 78
ORDER granting #77 Letter Motion for Extension of Time. Granted. Discovery is hereby extended until October 8, 2021. The August 12, 2021 case management conference is adjourned to October 8, 2021 at 11:30 a.m. The parties are directed to dial (877) 411-9748 at that time and enter access code 3029857, followed by the pound (#) sign. The Clerk of Court is respectfully directed to terminate the motion. Doc. 77. Deposition due by 10/8/2021. Discovery due by 10/8/2021. (Signed by Judge Edgardo Ramos on 5/4/2021) (cf)
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Filing 77
JOINT LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from Michael F. Autuoro dated May 4, 2021. Document filed by Gerhard Brugger, Crystal International Group, Inc...(Autuoro, Michael)
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Set/Reset Hearings: Telephone Conference set for 10/8/2021 at 11:30 AM before Judge Edgardo Ramos. (cf)
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Filing 76
OPINION AND ORDER re: #56 MOTION to Dismiss Counts II, III and V of Amended Brugger Counterclaim and Crystal Counterclaim in its Entirety filed by Variblend Dual Dispensing Systems LLC. For the foregoing reasons, VariBlend's motion to dismiss Counts II, III, and V of Brugger's Amended Counterclaims, and all of Crystal's Amended Counterclaims, is GRANTED. The dismissals are with prejudice except for the declaratory judgment counterclaims, which Brugger and Crystal may re-assert only in the event that VariBlend unilaterally dismisses its breach claim against Brugger and/or its tortious interference or unfair competition claims against Crystal. The next case management conference will be held on August 12, 2021 at 11:30am. The Clerk of Court is respectfully directed to terminate the motion, Doc. 56. ( Case Management Conference set for 8/12/2021 at 11:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 3/30/2021) (mro)
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Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Pre Settlement Conference held on 3/24/2021. (Quinn, Diane)
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Filing 75
SCHEDULING ORDER: The Court will hold a Pre-Settlement Conference Scheduling Call on Wednesday, March 24, 2021 at 4:30 p.m. The dial in information is (866) 3901828, access code 1582687. Telephone Conference set for 3/24/2021 at 04:30 PM before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 3/16/2021) (nb)
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Filing 74
REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER granting #73 Letter Motion for Extension of Time to Complete Discovery. Pursuant to Fed. R. Civ. P. 16, and upon review of the letter motion submitted jointly by counsel for all parties, the Court hereby orders that the Civil Scheduling Order dated December 18, 2020, be revised as follows: All fact discovery (including non-expert depositions) shall be completed sixty (60) days after the parties' joint settlement conference with Judge Ona T. Wang; Expert reports shall be served by no later than seventy (70) days after the parties' joint settlement conference with Judge Ona T. Wang; Rebuttal expert reports shall be served no later than eighty (80) days after the parties' joint settlement conference with Judge Ona T. Wang; Expert depositions shall be completed ninety (90) days after the parties' joint settlement conference with Judge Ona T. Wang; All discovery shall be completed ninety (90) days after the parties' joint settlement conference with Judge Ona T. Wang. The April 21, 2021 case management conference is adjourned to August 12, 2021, at 3:30 p.m. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/12/2021) (jca)
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Filing 73
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Edgardo Ramos from Michael M. Munoz dated March 12, 2021. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Set/Reset Hearings: Case Management Conference set for 8/12/2021 at 03:30 PM before Judge Edgardo Ramos. (jca)
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Filing 72
LETTER MOTION for Conference /Settlement Conference addressed to Magistrate Judge Ona T. Wang from Michael M. Munoz dated March 9, 2021. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 71
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Edgardo Ramos on 2/16/2021) (mro)
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Filing 70
PROPOSED PROTECTIVE ORDER. Document filed by Gerhard Brugger, Crystal International Group, Inc...(Autuoro, Michael)
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Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Pre-Settlement Conference held on 2/3/2021. (Quinn, Diane)
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Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Telephone Conference held on 1/19/2021. (Quinn, Diane)
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Filing 69
SCHEDULING ORDER: A telephonic pre-settlement conference is scheduled for February 3, 2021 at 10:30 a.m. with Plaintiffs only. The dial in information is (866) 390-1828, access code 1582687. Ex parte submissions due to Chambers by January 27, 2021. A telephonic pre-settlement conference is scheduled for February 3, 2021 at 4:30 pm with Defendants only. See above for dial-in information. Ex parte submissions due to Chambers by January 27, 2021. SO ORDERED. Telephone Conference set for 2/3/2021 at 10:30 AM before Magistrate Judge Ona T. Wang. Telephone Conference set for 2/3/2021 at 04:30 PM before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 1/19/2021) (va)
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Filing 68
SCHEDULING ORDER: The Pre Settlement conference scheduled for January 19, 2021 at 10:00 a.m. has been rescheduled for January 19, 2021 at 3:00 p.m. The dial in information is (866) 390-1828, access code 1582687. The Court will email a security code to the parties. Telephone Conference set for 1/19/2021 at 03:00 PM before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 1/18/2021) (nb)
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Filing 67
ENDORSED LETTER: addressed to Magistrate Judge Ona T. Wang from Michael F. Autuoro dated 12/30/2020 re: Request that the pre-conference call be scheduled to take place sometime during the week of January 11, or erliest day. ENDORSEMENT: The parties are directed to appear for a telephonic PSC on January 19, 2021 at 10:00 a.m. Dial in (866) 390-1828, access code: 1582687. SO ORDERED., ( Telephone Conference set for 1/19/2021 at 10:00 AM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 12/31/2020) (ama)
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Filing 66
REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER granting #65 Letter Motion for Extension of Time to Complete Discovery. The case is referred to Magistrate Judge Wang for a settlement conference, and the parties are directed to contact the chambers of Magistrate Judge Wang for scheduling purposes; All fact discovery (including non-expert depositions) shall be completed by March 15, 2021; Expert depositions shall be completed by April 15, 2021; All discovery shall be completed by April 15, 2021. The February 18 case management conference is adjourned to April 21, 2021 at 10:00 a.m. (Signed by Judge Edgardo Ramos on 12/17/2020) (mro)
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Set/Reset Deadlines: Deposition due by 4/15/2021. Discovery due by 4/15/2021. Fact Discovery due by 3/15/2021. (mro)
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Set/Reset Hearings: Case Management Conference set for 4/21/2021 at 10:00 AM before Judge Edgardo Ramos. (mro)
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Filing 65
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Edgardo Ramos from Michael M. Munoz dated December 17, 2020. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Attachments: #1 Text of Proposed Order).(Munoz, Michael)
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Filing 64
REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER granting #63 Letter Motion for Extension of Time to Complete Discovery. Fact discovery, including non-expert depositions, shall be completed by December31, 2020. Expert reports shall be served by no later than January 7, 2021. Rebuttal expert reports shall be served no later than January 29, 2021. Expert depositions shall be completed by February 18, 2021. All discovery shall be completed by February 18, 2021. The November 20 case management conference is hereby adjourned to February 18, 2021, at 3:30 p.m. (Signed by Judge Edgardo Ramos on 10/5/2020) (rro)
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Set/Reset Deadlines: ( Deposition due by 2/18/2021., Discovery due by 2/18/2021., Fact Discovery due by 12/31/2020.), Set/Reset Hearings:( Case Management Conference set for 2/18/2021 at 03:30 PM before Judge Edgardo Ramos.) (rro)
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Filing 63
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Edgardo Ramos from Michael M. Munoz dated October 2, 2020. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Attachments: #1 Text of Proposed Order).(Munoz, Michael)
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Filing 62
REPLY MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss Counts II, III and V of Amended Brugger Counterclaim and Crystal Counterclaim in its Entirety. . Document filed by Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 61
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/13/2020 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)
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Filing 60
TRANSCRIPT of Proceedings re: CONFERENCE held on 2/13/2020 before Judge Edgardo Ramos. Court Reporter/Transcriber: Pamela Utter, (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 5/7/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/15/2020..(McGuirk, Kelly)
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Filing 59
RESPONSE in Opposition to Motion re: #56 MOTION to Dismiss Counts II, III and V of Amended Brugger Counterclaim and Crystal Counterclaim in its Entirety. . Document filed by Gerhard Brugger, Crystal International Group, Inc...(Autuoro, Michael)
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Filing 58
MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss Counts II, III and V of Amended Brugger Counterclaim and Crystal Counterclaim in its Entirety. . Document filed by Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 57
DECLARATION of Michael M. Munoz in Support re: #56 MOTION to Dismiss Counts II, III and V of Amended Brugger Counterclaim and Crystal Counterclaim in its Entirety.. Document filed by Variblend Dual Dispensing Systems LLC,. (Attachments: #1 Exhibit A - Brugger Amended Answer and Counterclaims, #2 Exhibit B - Crystal Counterclaim, #3 Exhibit C - License Agreement, #4 Exhibit D - Complaint).(Munoz, Michael)
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Filing 56
MOTION to Dismiss Counts II, III and V of Amended Brugger Counterclaim and Crystal Counterclaim in its Entirety. Document filed by Variblend Dual Dispensing Systems LLC,..(Munoz, Michael)
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Filing 55
LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Michael F. Autuoro dated February 5, 2020 re: #53 LETTER MOTION for Conference /Pre-Motion Conference to File a Motion to Dismiss Amended Counterclaims addressed to Judge Edgardo Ramos from Michael M. Munoz dated January 24, 2020. . Document filed by Gerhard Brugger, Crystal International Group, Inc...(Autuoro, Michael)
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Filing 54
ORDER granting #53 Letter Motion for Conference. A pre-motion conference will be held on February 13, 2020, at 11:30 AM. Defendant is directed to submit a written response not longer than 3 pages by February 5, 2020. (Pre-Motion Conference set for 2/13/2020 at 11:30 AM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 53
LETTER MOTION for Conference /Pre-Motion Conference to File a Motion to Dismiss Amended Counterclaims addressed to Judge Edgardo Ramos from Michael M. Munoz dated January 24, 2020. Document filed by Variblend Dual Dispensing Systems LLC,.(Munoz, Michael)
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Filing 52
ANSWER to #46 Counterclaim. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,.(Munoz, Michael)
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Filing 51
ORDER granting #50 Letter Motion for Extension of Time to File Response/Reply. Counter-Defendants Variblend, J. Burke Capital, and JBCP-24's time to respond to the complaint is hereby extended to January 24, 2020. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) Modified on 1/8/2020 (jar).
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Set/Reset Deadlines: J. Burke Capital Partners LLC answer due 1/24/2020; JBCP-24 LLC answer due 1/24/2020; Variblend Dual Dispensing Systems LLC, answer due 1/24/2020. (jar)
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Filing 50
LETTER MOTION for Extension of Time to File Response/Reply as to #46 Answer to Complaint, Counterclaim, #45 Answer to Complaint, Counterclaim addressed to Judge Edgardo Ramos from Michael M. Munoz dated January 7, 2020. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,.(Munoz, Michael)
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Filing 49
NOTICE OF CHANGE OF ADDRESS by Jeremy Thomas Saks on behalf of Gerhard Brugger, Crystal International Group, Inc.. New Address: Fish & Richardson P.C., 7 Times Square, 20th Floor, New York, New York, U.S.A. 10036, 212-765-5070. (Saks, Jeremy)
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Filing 48
NOTICE OF CHANGE OF ADDRESS by Excylyn Janaize Hardin-Smith on behalf of Gerhard Brugger, Crystal International Group, Inc.. New Address: Fish & Richardson P.C., 7 Times Square, 20th Floor, New York, New York, U.S.A. 10036, 212-765-5070. (Hardin-Smith, Excylyn)
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Filing 47
NOTICE OF CHANGE OF ADDRESS by John T. Johnson on behalf of Gerhard Brugger, Crystal International Group, Inc.. New Address: Fish & Richardson P.C., 7 Times Square, 20th Floor, New York, New York, U.S.A. 10036, 212-765-5070. (Johnson, John)
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Filing 46
ANSWER to Complaint., COUNTERCLAIM against Variblend Dual Dispensing Systems LLC,. Document filed by Gerhard Brugger.(Autuoro, Michael)
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Filing 45
ANSWER to Complaint., COUNTERCLAIM against Variblend Dual Dispensing Systems LLC,. Document filed by Crystal International Group, Inc..(Autuoro, Michael)
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Filing 44
NOTICE OF CHANGE OF ADDRESS by Michael Frank Autuoro on behalf of Gerhard Brugger, Crystal International Group, Inc.. New Address: Fish & Richardson P.C., 7 Times Square, 20th Floor, New York, New York, USA 10036, 212-765-5070. (Autuoro, Michael)
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Filing 43
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is not to be tried to a jury. Non-expert Deposition due by 9/16/2020. Amended Pleadings due by 12/17/2019. Joinder of Parties due by 1/10/2020. Expert Deposition due by 11/20/2020. Discovery due by 11/20/2020. Case Management Conference set for 11/20/2020 at 11:00 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 11/12/2019) (kv)
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Minute Entry for proceedings held before Judge Edgardo Ramos: Initial Pretrial Conference held on 11/12/2019. Plaintiff's counsel present. Defendant's counsel present. Case Management Plan signed. A case management conference is scheduled for November 20, 2020 at 11:00 am. ( Case Management Conference set for 11/20/2020 at 11:00 AM before Judge Edgardo Ramos.). (jar)
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Filing 42
ANSWER to Complaint. Document filed by Variblend Dual Dispensing Systems LLC,.(Munoz, Michael)
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Filing 41
STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties hereto that the Counterclaim-Defendants in this action shall have up to and including October 25, 2019 to answer Counterclaim-Plaintiff's Counterclaims. SO ORDERED. (Signed by Judge Edgardo Ramos on 10/21/19) (yv)
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Filing 40
PROPOSED STIPULATION AND ORDER. Document filed by Variblend Dual Dispensing Systems LLC,. (Munoz, Michael)
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Filing 39
ORDER granting #38 Letter Motion to Adjourn Conference. The October 24 initial conference is adjourned to November 12, 2019, at 4:00 p.m. (Initial Conference set for 11/12/2019 at 04:00 PM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 38
LETTER MOTION to Adjourn Conference addressed to Judge Edgardo Ramos from Michael F. Autuoro dated 10/17/2019. Document filed by Gerhard Brugger, Crystal International Group, Inc..(Autuoro, Michael)
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Filing 37
OPINION AND ORDER: re: #19 FIRST MOTION to Remand to State Court filed by J. Burke Capital Partners LLC, Variblend Dual Dispensing Systems LLC, JBCP-24 LLC, #25 MOTION to Dismiss (Partially) the Counterclaim filed by J. Burke Capital Partners LLC, Variblend Dual Dispensing Systems LLC, JBCP-24 LLC. For the foregoing reasons, the Court DENIES VariBlend's Motion to Remand the action and DISMISSES Brugger's Declaratory Judgment Action for lack of jurisdiction. The Court GRANTS Counterclaim-Defendants' Motion to Dismiss the claims for breach of contract, fraud, and tortious interference as to the JBCP parties. The Court DENIES Counterclaim-Defendants' Motion to partially dismiss the breach of contract claim as to VariBlend. All dismissals are without prejudice.The parties are directed to appear for an initial conference on October 24, 2019 at 10:30 AM. The Clerk of Court is respectfully directed to terminate the motions, Docs. 19, 25. SO ORDERED., ( Initial Conference set for 10/24/2019 at 10:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 9/30/2019) (ama)
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NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Louis L. Stanton is no longer assigned to the case. (sjo)
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NOTICE OF CASE REASSIGNMENT to Judge Louis L. Stanton. Judge Robert W. Sweet is no longer assigned to the case. (sjo)
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Filing 36
DIRECTION TO THE BAR AND INTERIM ORDER OF REFERENCE: The Hon. Robert W. Sweet of this court having died on March 24, 2019; and Time being needed in order to effect the reassignment of the cases on his docket: IT IS HEREBY ORDERED THAT, pending the reassignment of Judge Sweet's civil cases, all urgent matters should be taken either to the Magistrate Judge who is assigned to the case or to the District Judge sitting in Part I. In cases in which Judge Sweet did not sign an order of reference, this order operates as an interim order of reference to the Magistrate Judge for interim pre-trial supervision. Routine case management requests (such as, for extension of time) should be directed to the Magistrate Judge, not to the Part I Judge. Referred to Magistrate Judge Ona T. Wang. (Signed by Judge Colleen McMahon on 3/27/2019) (mro)
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Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 2/13/2019 re: #25 MOTION to Dismiss(Partially) the Counterclaim filed by J. Burke Capital Partners LLC, Variblend Dual Dispensing Systems LLC,, JBCP-24 LLC. Motion Pending. (Chan, Tsz)
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Filing 35
MEMO ENDORSEMENT on re: #34 MOTION for Michael Ballanco to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16321450. Motion and supporting papers to be reviewed by Clerk's Office staff. filed by Crystal International Group, Inc., Gerhard Brugger. ENDORSEMENT: IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hae Vice in the above caption case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Judge Robert W. Sweet on 2/11/2019) (kv)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #34 MOTION for Michael Ballanco to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16321450. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia; Pursuant to Rule 1.3. the Attorney Affidavit missing the language of disciplinary.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
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Filing 34
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael Ballanco to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16321450. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gerhard Brugger, Crystal International Group, Inc.. (Attachments: #1 Text of Proposed Order of Motion for Admission Pro Hac Vice for Michael Ballanco)(Ballanco, Michael) Modified on 2/11/2019 (wb).
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Filing 33
REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss (Partially) the Counterclaim. . Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Munoz, Michael)
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Filing 32
REPLY MEMORANDUM OF LAW in Support re: #19 FIRST MOTION to Remand to State Court . . Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Munoz, Michael)
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Filing 31
RESPONSE in Opposition to Motion re: #25 MOTION to Dismiss (Partially) the Counterclaim. . Document filed by Gerhard Brugger, Crystal International Group, Inc.. (Autuoro, Michael)
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Filing 30
DECLARATION of Michael F. Autuoro in Opposition re: #19 FIRST MOTION to Remand to State Court .. Document filed by Gerhard Brugger, Crystal International Group, Inc.. (Attachments: #1 Exhibit A - Pagidas v. Buster, 16-cv-00390-S-PAS, Memo and Order)(Autuoro, Michael)
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Filing 29
MEMORANDUM OF LAW in Opposition re: #19 FIRST MOTION to Remand to State Court . . Document filed by Gerhard Brugger, Crystal International Group, Inc.. (Autuoro, Michael)
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Filing 28
ORDER: Defendant's motion to dismiss, dated January 11, 2019, shall be heard at 12:00 PM, on February 13, 2019, in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. Set Deadlines/Hearing as to #25 MOTION to Dismiss (Partially) the Counterclaim. :( Motion Hearing set for 2/13/2019 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 1/16 2019) (js)
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Filing 27
MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss (Partially) the Counterclaim. . Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Munoz, Michael)
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Filing 26
DECLARATION of Michael M. Munoz in Support re: #25 MOTION to Dismiss (Partially) the Counterclaim.. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Attachments: #1 Exhibit A-Answer & Counterclaim, #2 Exhibit B- License Agreement Dated 4/15/2010, #3 Exhibit C-Complaint Dated 8/31/2018)(Munoz, Michael)
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Filing 25
MOTION to Dismiss (Partially) the Counterclaim. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. Return Date set for 2/13/2019 at 12:00 PM.(Munoz, Michael)
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Filing 24
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by JBCP-24 LLC.(Munoz, Michael)
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Filing 23
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by J. Burke Capital Partners LLC.(Munoz, Michael)
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Filing 22
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Variblend Dual Dispensing Systems LLC,.(Munoz, Michael)
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Filing 21
DECLARATION of Michael M. Munoz in Support re: #19 FIRST MOTION to Remand to State Court .. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Attachments: #1 Exhibit A- Complaint, #2 Exhibit B -Answer & Counterclaim, #3 Exhibit Exhibit C- Notice of Removal Part 1, #4 Exhibit C- Notice of Removal Part 2, #5 Exhibit C-Notice of Removal Part 3, #6 Exhibit C- Notice of Removal Part 4)(Munoz, Michael)
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Filing 20
MEMORANDUM OF LAW in Support re: #19 FIRST MOTION to Remand to State Court . . Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Munoz, Michael)
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Filing 19
FIRST MOTION to Remand to State Court . Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. Return Date set for 2/6/2019 at 12:00 PM.(Munoz, Michael)
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Filing 18
JOINT STIPULATION AND ORDER: The date for Variblend, J. Burke Capital, and JBCP-24 to answer or otherwise respond to Brugger's Counterclaims in this action is hereby extended to and including January 11, 2019. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 12/7/2018) (cf)
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Filing 17
PROPOSED STIPULATION AND ORDER. Document filed by J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Munoz, Michael)
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Filing 16
NOTICE OF APPEARANCE by Joanna C. Tsoumpas on behalf of J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Tsoumpas, Joanna)
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Filing 15
NOTICE OF APPEARANCE by Michael McGee Munoz on behalf of J. Burke Capital Partners LLC, JBCP-24 LLC, Variblend Dual Dispensing Systems LLC,. (Munoz, Michael)
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Filing 14
MEMO ENDORSEMENT: on re: #7 Letter filed by Gerhard Brugger. ENDORSEMENT: SO ORDERED. (Signed by Judge Robert W. Sweet on 12/03/2018) (ama)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Frank Autuoro to RE-FILE Document No. #9 Request for Issuance of Summons, #8 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; There was no Counterclaim filed. (pc)
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Transmission to the Civil Case Openings Clerk. Transmitted re: #14 Memo Endorsement, Set Deadlines/Hearings, to the Civil Case Openings Clerk for case processing. (ama)
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Filing 13
NOTICE OF APPEARANCE by Jeremy Thomas Saks on behalf of Gerhard Brugger, Crystal International Group, Inc.. (Saks, Jeremy)
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Filing 12
NOTICE OF APPEARANCE by Excylyn Janaize Hardin-Smith on behalf of Gerhard Brugger, Crystal International Group, Inc.. (Hardin-Smith, Excylyn)
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Filing 11
NOTICE OF APPEARANCE by John T. Johnson on behalf of Gerhard Brugger, Crystal International Group, Inc.. (Johnson, John)
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Filing 10
AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Autuoro, Michael)
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Filing 9
FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to JBCP-24 LLC, re: Counterclaim. Document filed by Gerhard Brugger. (Autuoro, Michael) Modified on 12/3/2018 (pc).
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Filing 8
FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to J. Burke Capital Partners LLC, re: Counterclaim. Document filed by Gerhard Brugger. (Autuoro, Michael) Modified on 12/3/2018 (pc).
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Filing 7
LETTER addressed to Judge Robert W. Sweet from Michael F. Autuoro dated 11/30/2018 re: permitting the Clerk of the Court to issue summonses for Counterclaim-Defendants. Document filed by Gerhard Brugger.(Autuoro, Michael)
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Filing 6
ANSWER to Complaint. Document filed by Crystal International Group, Inc..(Autuoro, Michael)
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Filing 5
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652421/2018..Document filed by Gerhard Brugger. (Attachments: #1 Exhibit A - Combined State Court Pleadings, #2 Exhibit B - State Court Complaint, #3 Exhibit C - State Court Answer)(Autuoro, Michael)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Robert W. Sweet. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (pne)
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Magistrate Judge Ona T. Wang 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: #http://nysd.uscourts.gov/forms.php. (pne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Frank Autuoro to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): As per Rule 13.3, Each attachment must be clearly titled in the ECF entry so the subject of the exhibit is clear. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the PDF, along with properly titled attachments - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
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Case Designated ECF. (pne)
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Filing 4
NOTICE of Consent to Removal re: #1 Notice of Removal,. Document filed by Crystal International Group, Inc.. (Autuoro, Michael)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Crystal International Group, Inc..(Autuoro, Michael)
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Filing 2
CIVIL COVER SHEET filed. (Autuoro, Michael)
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Filing 1
FILING ERROR - DEFICIENT PLEADING -NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652421/2018. (Filing Fee $ 400.00, Receipt Number ANYSDC-15928827).Document filed by Gerhard Brugger. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Autuoro, Michael) Modified on 11/19/2018 (pne).
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