Capri Sun GmbH v. American Beverage Corporation
Plaintiff: Capri Sun GmbH
Defendant: American Beverage Corporation
Case Number: 1:2019cv01422
Filed: February 14, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Paul A Engelmayer
Nature of Suit: Contract: Other
Cause of Action: 15:1114
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 11, 2019 Opinion or Order Filing 21 ORDER granting #9 Motion to Seal Document. The Court grants Plaintiff's motion. Plaintiff may file copies of Plaintiff's Complaint, in part, and Exhibit A to the Complaint, in its entirety, under seal. Plaintiff may file corresponding redacted copies of those papers publicly. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/10/2019) (anc)
April 3, 2019 Opinion or Order Filing 20 CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference (Dkt. 19) served on Joshua C. Krumholz, Mark T. Goracke, Dawn L. Rudenko on April 3, 2019. Service was made by Mail. Document filed by Capri Sun GmbH. (Mancini, A.)
April 1, 2019 Opinion or Order Filing 19 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/24/2019 at 03:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer and further set forth in this Order. (Signed by Judge Paul A. Engelmayer on 4/1/2019) (rro)
March 25, 2019 Opinion or Order Filing 18 ORDER FOR ADMISSION PRO HAC VICE granting #17 Motion for Joshua C. Krumholz to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 3/25/2019) (anc)
March 25, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Joshua C. Krumholz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-16547310. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 22, 2019 Opinion or Order Filing 17 MOTION for Joshua C. Krumholz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-16547310. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Beverage Corporation. (Attachments: #1 Affidavit and Certificate of Good Standing, #2 Text of Proposed Order)(Krumholz, Joshua)
March 20, 2019 Opinion or Order Filing 16 ORDER FOR ADMISSION PRO HAC VICE granting #15 Motion for Mark T. Goracke to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 3/19/2019) (mro)
March 14, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Mark T. Goracke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16499605. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
March 14, 2019 Opinion or Order Filing 15 MOTION for Mark T. Goracke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16499605. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Beverage Corporation. (Attachments: #1 Affidavit and Certificate of Good Standing, #2 Text of Proposed Order)(Goracke, Mark)
March 11, 2019 Opinion or Order Filing 14 ANSWER to #5 Complaint,. Document filed by American Beverage Corporation.(Rudenko, Dawn)
March 11, 2019 Opinion or Order Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Beverage Corporation.(Rudenko, Dawn)
March 11, 2019 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Jonathan Webster Thomas on behalf of Capri Sun GmbH. (Thomas, Jonathan)
March 11, 2019 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Allison Levine Stillman on behalf of Capri Sun GmbH. (Stillman, Allison)
March 7, 2019 Opinion or Order Filing 10 DECLARATION of A. John P. Mancini in Support re: #9 EX PARTE MOTION to Seal Document #5 Complaint, #1 Order .. Document filed by Capri Sun GmbH. (Attachments: #1 Exhibit 1 - Redacted Complaint, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Redacted Letter, #4 Exhibit 4 - Redacted Letter, #5 Exhibit 5 - Redacted Letter)(Mancini, A.)
March 7, 2019 Opinion or Order Filing 9 EX PARTE MOTION to Seal Document #5 Complaint, #1 Order . Document filed by Capri Sun GmbH.(Mancini, A.)
March 7, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney A. John P. Mancini to RE-FILE Document #7 EX PARTE MOTION to Seal Document #5 Complaint, #1 Order . ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db)
February 25, 2019 Opinion or Order Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,. American Beverage Corporation served on 2/18/2019, answer due 3/11/2019. Service was accepted by Shawn W. Niho, Plant Manager. Document filed by Capri Sun GmbH. (Mancini, A.)
February 15, 2019 Opinion or Order Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - EX PARTE MOTION to Seal Document #5 Complaint, #1 Order . Document filed by Capri Sun GmbH. (Attachments: #1 DECLARATION OF A. JOHN P. MANCINI, #2 Exhibit 1 - Redacted Complaint, #3 Exhibit 2 - Filed Under Seal, #4 Exhibit 3 - Redacted Letter, #5 Exhibit 4 - Redacted Letter, #6 Exhibit 5 - Redacted Letter)(Mancini, A.) Modified on 3/7/2019 (db).
February 15, 2019 Opinion or Order Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Capri Sun AG, Switzerland, Corporate Parent Capri Sun Group Holding AG, Switzerland for Capri Sun GmbH. Document filed by Capri Sun GmbH.(Mancini, A.)
February 15, 2019 Opinion or Order Filing 5 COMPLAINT against American Beverage Corporation. Document filed by Capri Sun GmbH. (Attachments: #1 Exhibit A - License Agreement (Filed Under Seal), #2 Exhibit B - 517 Registration Certificate, #3 Exhibit C - Letter dated October 8, 2018 (Redacted), #4 Exhibit D - Letter dated October 31, 2018, #5 Exhibit E - Letter dated December 19, 2018 (Redacted), #6 Exhibit F - Letter dated January 30, 2019 (Redacted))(Mancini, A.)
February 14, 2019 Opinion or Order Filing 4 SEALED DOCUMENT placed in vault.(rz)
February 14, 2019 Opinion or Order Filing 3 ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR LEAVE TO FILE COMPLAINT UNDER SEAL: Upon consideration of Plaintiffs Ex Parte Motion to File Under Seal and for good cause shown, the Court GRANTS Plaintiffs motion. Plaintiff may file copies of Plaintiffs Complaint, in part, and Exhibit A to the Complaint, in its entirety, under seal. Plaintiff may file corresponding redacted copies of those papers publicly. Said documents are due to remain under seal until further order of the assigned judge of this Court. SO ORDERED. (Signed by (Judge Edgardo Ramos) Part One on 2/14/2019) (kv)
February 14, 2019 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (jgo)
February 14, 2019 Opinion or Order Filing 1 ORDER (Signed by Judge Edgardo Ramos on 2/14/2019) (jgo)
February 14, 2019 Opinion or Order Case Designated ECF. (jgo)
February 14, 2019 Opinion or Order Magistrate Judge Debra C. Freeman 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. (jgo)

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Defendant: American Beverage Corporation
Represented By: Joshua Krumholz
Represented By: Mark T. Goracke
Represented By: Dawn L. Rudenko
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Plaintiff: Capri Sun GmbH
Represented By: Allison Levine Stillman
Represented By: Jonathan Webster Thomas
Represented By: A. John P. Mancini
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