Evergreen East Cooperative v. Bottomley Evergreens & Farms, Inc. et al
Plaintiff: EVERGREEN EAST COOPERATIVE
Defendant: The Home Depot (USA) Inc., BOTTOMLEY EVERGREENS & FARMS, INC. and The Home Depot, Inc.
Case Number: 1:2020cv00184
Filed: January 9, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Alison J Nathan
Nature of Suit: Personal Property: Other
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2020 Opinion or Order Filing 17 ORDER granting #16 Letter Motion for Extension of Time to Answer. SO ORDERED. Bottomley Evergreens & Farms, Inc. answer due 3/27/2020; The Home Depot, Inc. answer due 3/27/2020. (Signed by Judge Alison J. Nathan on 2/22/2020) (mro)
February 21, 2020 Opinion or Order Filing 16 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Alison J. Nathan from Sarah M. Gilbert, Esq. dated 2/21/2020. Document filed by Bottomley Evergreens & Farms, Inc., The Home Depot, Inc...(Gilbert, Sarah)
February 21, 2020 Opinion or Order Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Home Depot, Inc...(Gilbert, Sarah)
February 21, 2020 Opinion or Order Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bottomley Evergreens & Farms, Inc...(Gilbert, Sarah)
February 21, 2020 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Sarah Gilbert on behalf of Bottomley Evergreens & Farms, Inc., The Home Depot, Inc...(Gilbert, Sarah)
January 27, 2020 Opinion or Order Filing 12 NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, May 15, 2020 at 3:30pm in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. in accordance with the Court's Individual Rules, the parties are hereby ORDERED to ECF file a Proposed Civil Case Management Plan and Scheduling Order no later than seven days prior to the Initial Pretrial Conference. The parties shall use this Court's form Proposed Case Management Plan and Scheduling Order available at the Court's website (http://nysd.uscourts.gov/judge/Nathan). IT IS FURTHER ORDERED that included with the Proposed Civil Case Management Plan, the parties jointly submit a letter, not to exceed five (5) pages, providing the following information in separate paragraphs as further set forth in this Order. Counsel who have noticed an appearance as of the issuance of this order are directed to notify all other parties attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules (available at the Court's website, http://nysd.uscourts.gov/judge/Nathan) forthwith. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and Individual Rules to that party personally. (Initial Conference set for 5/15/2020 at 03:30 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 1/27/20) (yv)
January 21, 2020 Opinion or Order Filing 11 ORDER granting #8 Motion for Ross Michael Babbitt to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) Transmission to Attorney Services/Help Desk.
January 21, 2020 Opinion or Order Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. The Home Depot, Inc. waiver sent on 1/13/2020, answer due 3/13/2020. Document filed by Evergreen East Cooperative. (Babbitt, Ross)
January 21, 2020 Opinion or Order Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. Bottomley Evergreens & Farms, Inc. waiver sent on 1/13/2020, answer due 3/13/2020. Document filed by Evergreen East Cooperative. (Babbitt, Ross)
January 14, 2020 Opinion or Order Filing 8 MOTION for Ross Michael Babbitt to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Evergreen East Cooperative. (Attachments: #1 Affidavit Affidavit of Ross M. Babbitt in support of application to appear pro hac vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order on Ross M. Babbitt application to appear pro hac vice)(Babbitt, Ross)
January 14, 2020 Opinion or Order Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Leave to Appear Lead Counsel for Plaintiff., MOTION for Ross Michael Babbitt to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Evergreen East Cooperative. (Attachments: #1 Affidavit Affidavit of Ross M. Babbitt in support of pplication to appear pro hac vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order on Ross M. Babbitt application to appear pro hac vice)(Babbitt, Ross) Modified on 1/14/2020 (wb).
January 14, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Ross Michael Babbitt to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
January 14, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #7 AMENDED MOTION for Leave to Appear Lead Counsel for Plaintiff. MOTION for Ross Michael Babbitt to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the wrong event type was used to file the motion;. Re-file the motion using the event type Motion to Appear Pro Hac Vice found under the event list Motions - 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)
January 13, 2020 Opinion or Order Filing 6 REQUEST FOR WAIVER OF SERVICE sent to Bottomley Evergreens & Farms, Inc. and The Home Depot, Inc.. Document filed by Evergreen East Cooperative. Request for Waiver Mailed on 1/13/2020. Waiver of Service due by 2/12/2020. (Babbitt, Ross)
January 13, 2020 Opinion or Order Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ross Michael Babbitt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18483434. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Evergreen East Cooperative. (Attachments: #1 Affidavit Affidavit of Ross M. Babbitt in support of pplication to appear pro hac vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order on Ross M. Babbitt application to appear pro hac vice)(Babbitt, Ross) Modified on 1/13/2020 (vba).
January 13, 2020 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Unassigned is no longer assigned to the case. (wb)
January 13, 2020 Opinion or Order Magistrate Judge Gabriel W. Gorenstein 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. (wb)
January 13, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #5 MOTION for Ross Michael Babbitt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18483434. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): AFFIDAVIT NOT CAPTIONED FOR THIS COURT;. 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. (vba)
January 13, 2020 Opinion or Order CASE DECLINED AS NOT RELATED. Case referred as related to 19CV5360 and declined by Judge Analisa Torres and returned to wheel for assignment. (wb)
January 10, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ross M Babbitt. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)
January 10, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ross M Babbitt. The party information for the following party/parties has been modified: Evergreen East Cooperative; Bottomley Evergreens & Farms, Inc.; The Home Depot, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps;. (jgo)
January 10, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo)
January 10, 2020 Opinion or Order Case Designated ECF. (jgo)
January 10, 2020 Opinion or Order CASE REFERRED TO Judge Analisa Torres as possibly related to 19-cv-5360. (jgo)
January 9, 2020 Opinion or Order Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by EVERGREEN EAST COOPERATIVE.(Babbitt, Ross)
January 9, 2020 Opinion or Order Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:19-cv-05360. Document filed by EVERGREEN EAST COOPERATIVE.(Babbitt, Ross)
January 9, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Babbitt, Ross)
January 9, 2020 Opinion or Order Filing 1 COMPLAINT against BOTTOMLEY EVERGREENS & FARMS, INC., The Home Depot (USA) Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-18461214)Document filed by EVERGREEN EAST COOPERATIVE.(Babbitt, Ross)

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Defendant: The Home Depot (USA) Inc.
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Defendant: BOTTOMLEY EVERGREENS & FARMS, INC.
Represented By: Sarah Gilbert
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Defendant: The Home Depot, Inc.
Represented By: Sarah Gilbert
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Plaintiff: EVERGREEN EAST COOPERATIVE
Represented By: Ross M Babbitt
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