Champion Foods, Inc. v. Eaton & Van Winkle, LLP et al
| Champion Foods, Inc. |
| Eaton & Van Winkle, LLP and Robert D. Katz |
| 1:2020cv02991 |
| April 13, 2020 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Barbara C Moses |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 20, 2021. A more recent docket listing may be available from PACER.
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Filing 36
STIPULATION OF DISCONTINUANCE WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned, attorneys for the respective parties hereto, that all claims presented in the above entitled action are hereby dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and each side shall bear its own costs associated with the case. So Ordered. (Signed by Judge Victor Marrero on 1/20/2021) (js)
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| Filing 35 LETTER addressed to Magistrate Judge Barbara C. Moses from Richard Granofsky dated January 15, 2021 re: Stipulation of dismissal. Document filed by Eaton & Van Winkle, LLP, Robert D. Katz. (Attachments: #1 Text of Proposed Order Stipulation of Dismissal).(Sandercock, John) |
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Filing 34
ORDER SCHEDULING CONTINUED CASE MANAGEMENT CONFERENCE: The Court having left open certain discovery and pre-trial deadlines in contemplation of a potential early settlement, see Initial Case Management Order (Dkt. No. 23), which has not occurred, it is hereby ORDERED that a continued case management conference in accordance with Fed. R. Civ. P. 16 will be held on February 2, 2021, at 10:00 a.m., via teleconference. At that time parties should dial (888) 557-8511 and enter the access code: 7746387. Please treat the teleconference as you would treat a public court appearance. If a conference or hearing in another matter is ongoing, please be silent (mute your line) until your case is called. At the conference, the parties must be prepared to discuss the subjects set forth in Fed. R. Civ. P. 16(b) and (c). (As further set forth in this Order.) ( Telephone Conference set for 2/2/2021 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 12/18/2020) (cf)
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| Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Settlement Conference held on 12/16/2020. (Snell, Kevin) |
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Filing 33
ORDER granting #32 Letter Motion for Conference. Application GRANTED. The settlement conference scheduled for December 16, 2020 at 2:00 p.m. shall be conducted via video-conference over Zoom. The vendor engaged by the parties shall be responsible for managing the conference and the break-out rooms. The parties shall circulate a link to the conference to all attending parties, including the Court at Moses_NYSDChambers@nysd.uscourts.gov no later than December 14, 2020. (Signed by Magistrate Judge Barbara C. Moses on 12/10/2020) (cf)
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| Filing 32 LETTER MOTION for Conference the December 16, 2020, settlement conference be converted from an in-person conference to a video conference via Zoom addressed to Magistrate Judge Barbara C. Moses from Barry M. Bordetsky dated 12/09/2020. Document filed by Champion Foods, Inc...(Bordetsky, Barry) |
| Filing 31 LETTER addressed to Magistrate Judge Barbara C. Moses from Barry M. Bordetsky dated 12/03/2020 re: the December 16, 2020, mediation. Document filed by Champion Foods, Inc...(Bordetsky, Barry) |
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Filing 30
ORDER granting in part and denying in part #27 Letter Motion for Conference. Defendants, a lawyer and a law firm, request that this Court review an unspecified number of documents in camera before defendants produce those documents to plaintiff pursuant to Fed. R. Civ. P. 34. Defendants do not contend that the documents in question are privileged and have not prepared a privilege log. Rather, defendants report that non-party A&J Global Corporation (A&J), which is a former client of defendants, declined to waive "any claim of privilege" and "does not agree to disclose any emails or communications," and on that basis ask this Court to review, prophylactically, all of "the private communications between A&J and Mr. Katz" that they would otherwise produce. Defendants have provided A&J with copies of the communications at issue, and further request that the Court "afford A&J an opportunity to present its objections." Defendants application is DENIED to the extent it seeks in camera review of documents that neither party (and no non-party now before the Court) claims to be privileged, but GRANTED to the extent it seeks an opportunity for A&J to make a claim of privilege. Should A&J wish to assert such a claim with respect to any of the documents responsive to plaintiffs Rule 34 requests, it may and must request that relief itself. See, e.g., Wultz v. Bank of China Ltd., 32 F. Supp. 3d 486, 495 n.71 (S.D.N.Y. 2014); Mitsui O.S.K., Ltd. v. Seamaster Logistics, Inc., 2013 WL 238176, at *1 (S.D.N.Y. Jan. 18, 2013). In this district, claims of privilege must be asserted with specificity in accordance with Local Civil Rule 26.2. Further, the party or person asserting privilege has the "burden of demonstrating privilege." Mitsui O.S.K., 2013 WL 238176, at *2. The parties are to serve their written discovery responses and produce responsive and nonprivileged documents by November 13, 2020, as directed in this Courts Initial Case Management Order (Dkt. No. 23), except that defendants may withhold from their production the "private communications" at issue until November 27, 2020. If by that date A&J has not moved for a protective order or comparable relief, defendants shall promptly produce all remaining documents. Defendants are directed to serve a copy of this order upon A&J. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/11/2020) (tro)
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| Filing 29 LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Richard Granofsky dated November 10, 2020 re: #27 LETTER MOTION for Conference requesting in camera review addressed to Magistrate Judge Barbara C. Moses from Richard Granofsky dated November 9, 2020. . Document filed by Eaton & Van Winkle, LLP, Robert D. Katz. (Attachments: #1 Exhibit Email from plaintiff's counsel).(Sandercock, John) |
| Filing 28 LETTER addressed to Magistrate Judge Barbara C. Moses from Barry M. Bordetsky dated 11/09/20 re: response to Defendants' letter filed today [docket no. 27]. Document filed by Champion Foods, Inc...(Bordetsky, Barry) |
| Filing 27 LETTER MOTION for Conference requesting in camera review addressed to Magistrate Judge Barbara C. Moses from Richard Granofsky dated November 9, 2020. Document filed by Eaton & Van Winkle, LLP, Robert D. Katz. (Attachments: #1 Exhibit Plaintiff's first request for documents).(Sandercock, John) |
| Filing 26 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a remote scheduling conference proceeding held on 9/23/2020 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.(rro) |
| Filing 25 TRANSCRIPT of Proceedings re: remote scheduling conference held on 9/23/2020 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 10/19/2020. Redacted Transcript Deadline set for 10/29/2020. Release of Transcript Restriction set for 12/28/2020..(rro) |
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Filing 24
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on December 16, 2020, at 2:00 p.m. For the duration of the COVID-19 public health emergency, and unless otherwise ordered by the Court, all attendees may participate in the settlement conference telephonically, using the Court's teleconferencing facilities. The parties are directed to call (888) 557-8511 on their scheduled date, a few minutes before their scheduled time, and enter (a) the access code 7746387 and (b) the security code that the Court will provide to you, by email, on receipt of all parties' confidential settlement letters. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 9/23/2020) (cf)
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Filing 23
INITIAL CASE MANAGEMENT ORDER: Plaintiff may amend its complaint no later than January 15,2021. Thereafter, the parties shall not amend their pleadings, or join additional parties, absent leave of the Court. At the request of the parties, a settlement conference is scheduled before Judge Moses on December 16, 2020 at 2:00 p.m. All court conferences and hearings will be conducted by teleconference. The parties are directed to call (888) 557-8511 on their scheduled date, a few minutes before their scheduled time, and enter the access code 7746387. (As further set forth in this Order.) Amended Pleadings due by 1/15/2021. Joinder of Parties due by 1/15/2021. Telephone Conference set for 12/16/2020 at 02:00 PM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 9/23/2020) (cf)
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| Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Initial Case Management Conference held on 9/23/2020. (Snell, Kevin) |
| Filing 22 JOINT PRE-CONFERENCE STATEMENT . Document filed by Champion Foods, Inc...(Bordetsky, Barry) |
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Filing 21
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: It appearing to the Court that no case management schedule has been set in this action, it is hereby ORDERED that an initial conference in accordance with Fed. R. Civ. P. 16 will be held on September 23, 2020, at 11:00 a.m., via teleconference. At that time parties should dial (888) 557-8511 and enter the access code: 7746387. Please treat the teleconference as you would treat a public court appearance. If a conference or hearing in another matter is ongoing, please be silent (mute your line) until your case is called. At the conference, the parties must be prepared to discuss the subjects set forth in Fed. R. Civ. P. 16(b) and (c). Initial Conference set for 9/23/2020 at 11:00 AM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 8/20/2020) (va)
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Filing 20
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. So Ordered. (Signed by Judge Victor Marrero on 8/14/2020) (js)
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| Minute Entry for proceedings held before Judge Victor Marrero: Initial Pretrial Conference held telephonically on 8/14/2020. Barry Bordetsky and Dahlia Burns present on behalf of plaintiff Champion Foods Inc. Richard Granofsky present on behalf of defendants Eaton & Van Winkle, LLP and Robert Katz. The Court will refer this matter to Magistrate Judge Moses for general pretrial purposes including settlement. (ab) |
| Filing 19 LETTER addressed to Judge Victor Marrero from Barry M. Bordetsky dated 08/12/20 re: participants for August 14, 2020, case management conference call. Document filed by Champion Foods, Inc...(Bordetsky, Barry) |
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Filing 18
ORDER: It is hereby ordered that the initial conference in the above- captioned action, currently scheduled to be held on Friday, August 14, 2020 at 10:15 a.m., shall be held telephonically. the teleconference shall take place using the dial-in number 1-888-363-4749 and success code 8392198. So Ordered. (Signed by Judge Victor Marrero on 8/11/2020) (js)
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| Filing 17 STATUS REPORT. Joint Status Letter Document filed by Champion Foods, Inc.. (Attachments: #1 Proposed Case Management Plan).(Bordetsky, Barry) |
| Filing 16 NOTICE OF APPEARANCE by Richard Granofsky on behalf of Eaton & Van Winkle, LLP, Robert D. Katz..(Granofsky, Richard) |
| Filing 15 NOTICE OF INITIAL CONFERENCE: COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS NOTICE TO ALL PARTIES. Initial Conference set for 8/14/2020 at 10:15 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero. (Signed by Judge Victor Marrero on 7/10/2020) (kv) |
| Filing 14 ANSWER to #1 Complaint,. Document filed by Eaton & Van Winkle, LLP, Robert D. Katz..(Sandercock, John) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Eaton & Van Winkle, LLP, Robert D. Katz..(Sandercock, John) |
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to Answer. SO ORDERED. Eaton & Van Winkle, LLP answer due 7/9/2020; Robert D. Katz answer due 7/9/2020. (Signed by Judge Victor Marrero on 6/04/2020) (ama)
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| Filing 11 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Victor Marrero from Richard Granofsky dated June 3, 2020. Document filed by Eaton & Van Winkle, LLP, Robert D. Katz..(Sandercock, John) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Eaton & Van Winkle, LLP, Robert D. Katz..(Sandercock, John) |
| Filing 9 NOTICE of Appearance of Richard Granofsky as lead counsel. Document filed by Eaton & Van Winkle, LLP, Robert D. Katz..(Sandercock, John) |
| Filing 8 NOTICE OF APPEARANCE by John Sandercock on behalf of Eaton & Van Winkle, LLP, Robert D. Katz..(Sandercock, John) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint,. Robert D. Katz served on 5/19/2020, answer due 6/9/2020. Service was accepted by Edgar "Doe". Service was made by Mail. Document filed by Champion Foods, Inc...(Bordetsky, Barry) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Eaton & Van Winkle, LLP, Robert D. Katz..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Barry Martin Bordetsky to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Citizenship Defendant code - multiple selections;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Barry Martin Bordetsky. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Dollar Demand none; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Dollar Demand has been modified to $200,000; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo) |
| Magistrate Judge Barbara C. Moses 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Eaton & Van Winkle, LLP; Robert D. Katz, re: #1 Complaint,. Document filed by Champion Foods, Inc...(Bordetsky, Barry) |
| Filing 4 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Champion Foods, Inc...(Bordetsky, Barry) |
| Filing 3 NOTICE OF APPEARANCE by Barry Martin Bordetsky on behalf of Champion Foods, Inc...(Bordetsky, Barry) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Bordetsky, Barry) Modified on 4/14/2020 (jgo). |
| Filing 1 COMPLAINT against Eaton & Van Winkle, LLP, Robert D. Katz. (Filing Fee $ 400.00, Receipt Number ANYSDC-19424216)Document filed by Champion Foods, Inc.. (Attachments: #1 Exhibit 1 - A&J Escrow Agt, #2 Exhibit 2 - Cooperation Agreement).(Bordetsky, Barry) |
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