Burke et al v. Bimbo Bakeries USA, Inc. et al
| Arthur Salisbury, Jason Alban, Brian Tanner, Rick Calton, Craig Barker, William Cory Tanner, Randy Sherman, Frank Roberts, Tony Weaver, Eric Burke and Chris Faust |
| Bimbo Bakeries USA, Inc. |
| Carlton Distribution LLC, TCTanner, LLC and Snow Belt Distributing, LLC |
| Bimbo Foods Bakeries Distribution, LLC |
| 1:2020cv03742 |
| May 14, 2020 |
| US District Court for the Southern District of New York |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| None |
Docket Report
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| Filing 64 CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 5:19-cv-00902. Original file certified copy of transfer order and docket entries received. (sjo) |
| Filing 63 MEMORANDUM-DECISION AND ORDER TRANSFERRING CASE to Southern District of New York: The Court hereby ORDERS that Plaintiffs' motion to transfer venue to the Southern District of New York (Dkt. No. 53) is GRANTED; and the Court furtherORDERS Plaintiffs' remaining motions are DENIED without prejudice; and the Courtfurther ORDERS that the Clerk of Court shall electronically transfer this action to the United States District Court for the Southern District of New York; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules.IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 5/14/2020. (ban) [Transferred from New York Northern on 5/14/2020.] |
| Case Designated ECF. (sjo) |
| CASE REFERRED TO Judge Philip M. Halpern as possibly related to 1:17-cv-04481. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| Filing 62 REPORT OF MANDATORY MEDIATION - The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (nmk) [Transferred from New York Northern on 5/14/2020.] |
| Filing 61 TEXT ORDER: The discovery cutoff is extended to 9/16/2020 (plaintiffs' expert disclosures due by 6/18/2020; defendants' expert disclosures due by 8/3/2020; and any rebuttal disclosures are due by 8/17/2020). Substantive motions are to be filed by 10/19/2020. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/6/2020. (nmk) [Transferred from New York Northern on 5/14/2020.] |
| TEXT Minute Entry for stenographically-recorded Telephone Conference held on 5/6/2020 before U.S. Magistrate Judge Andrew T. Baxter: Court discusses the discovery disputes with counsel, including whether or not discovery should continue while the #53 motion to transfer is pending. The court provides guidance with respect to the discovery disputes, and extends pretrial deadlines 30 days. Depositions shall not begin until 6/1/2020 but counsel are directed to start scheduling depositions and should attempt remote depositions, if necessary. Counsel advise that mediation was completed and the case did not settle. Appearances: Matthew Thomson, Esq. for plaintiffs; Michael Puma, Esq. for defendants. (Court Reporter: Eileen McDonough. Time: 11:02 AM - 11:25 AM) (nmk) [Transferred from New York Northern on 5/14/2020.] |
| ADR COMPLETED - Case did not settle. Mediator Ruth D. Raisfeld terminated.(nmk) [Transferred from New York Northern on 5/14/2020.] |
| Filing 60 RESPONSE TO LETTER BRIEF filed by Jason Alban, Craig Barker, Eric Burke, Rick Calton, Chris Faust, Frank Roberts, Arthur Salisbury, Randy Sherman, Brian Tanner, William Cory Tanner, Tony Weaver as to #59 Letter Request/Motion filed by Bimbo Foods Bakeries Distribution, LLC, Bimbo Bakeries USA, Inc. . (Thomson, Matthew) [Transferred from New York Northern on 5/14/2020.] |
| Filing 59 Letter Motion from Michael J. Puma for Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC requesting Discovery Conference submitted to Judge Baxter . (Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
Filing 58
Stipulation and ORDER OF DISMISSAL as to Plaintiffs Steve Hazelton and John Fisher. Signed by U.S. District Judge Mae A. D'Agostino on 4/28/20. (ban) [Transferred from New York Northern on 5/14/2020.]
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| Filing 57 STIPULATION of Dismissal by John Fisher, Steve Hazelton submitted to Judge D'Agostino. (Thomson, Matthew) [Transferred from New York Northern on 5/14/2020.] |
| Filing 56 REPLY to Response to Motion re #53 MOTION to Transfer Case to Southern District of New York filed by Jason Alban, Craig Barker, Eric Burke, Rick Calton, Chris Faust, John Fisher, Steve Hazelton, Frank Roberts, Arthur Salisbury, Brian Tanner, William Cory Tanner, Tony Weaver. (Lichten, Harold) [Transferred from New York Northern on 5/14/2020.] |
| Filing 55 RESPONSE in Opposition re #53 MOTION to Transfer Case to Southern District of New York filed by Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC. (Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| CLERK'S CORRECTION OF DOCKET ENTRY re #54 Reply to Response to Motion: Clerk added "Randy Sherman" to this docket entry as it was not added in the original filing. (hmr) [Transferred from New York Northern on 5/14/2020.] |
| Filing 54 REPLY to Response to Motion re #50 MOTION to Dismiss for Failure to State a Claim filed by Jason Alban, Craig Barker, Eric Burke, Rick Calton, Chris Faust, John Fisher, Steve Hazelton, Frank Roberts, Arthur Salisbury, Brian Tanner, William Cory Tanner, Tony Weaver, Randy Sherman. (Thomson, Matthew) Modified on 3/31/2020 (hmr, ). [Transferred from New York Northern on 5/14/2020.] |
| Filing 53 MOTION to Transfer Case to Southern District of New York Motion Hearing set for 5/5/2020 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/20/2020 Reply to Response to Motion due by 4/24/2020. filed by Jason Alban, Craig Barker, Eric Burke, Rick Calton, Chris Faust, John Fisher, Steve Hazelton, Frank Roberts, Arthur Salisbury, Randy Sherman, Brian Tanner, William Cory Tanner, Tony Weaver. (Attachments: #1 Memorandum of Law, #2 Exhibit(s)) Motions referred to Andrew T. Baxter. (Lichten, Harold) [Transferred from New York Northern on 5/14/2020.] |
| Filing 52 RESPONSE in Opposition re #50 MOTION to Dismiss for Failure to State a Claim filed by Bimbo Foods Bakeries Distribution, LLC. (Attachments: #1 Exhibit(s))(Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| Filing 51 TRANSCRIPT of Proceedings: Telephone Conference held on 2/11/2020 before Judge Mae A. D'Agostino, Court Reporter: Jacqueline Stroffolino, Telephone number: (518) 257-1894. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/12/2020. Redacted Transcript Deadline set for 3/23/2020. Release of Transcript Restriction set for 5/20/2020. Notice of Intent to Redact due by 2/25/2020 (jxs, ) [Transferred from New York Northern on 5/14/2020.] |
| Filing 50 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 4/7/2020 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 3/23/2020 Reply to Response to Motion due by 3/27/2020. filed by Jason Alban, Craig Barker, Eric Burke, Rick Calton, Chris Faust, John Fisher, Steve Hazelton, Frank Roberts, Arthur Salisbury, Randy Sherman, Brian Tanner, William Cory Tanner, Tony Weaver. (Attachments: #1 Memorandum of Law) (Lichten, Harold) (Main Document 50 replaced on 3/2/2020) (ban, ). (Attachment 1 replaced on 3/2/2020) (ban, ). [Transferred from New York Northern on 5/14/2020.] |
| Filing 49 TRANSCRIPT REQUEST by Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC for proceedings held on 2/11/2020 before Judge D'Agostino.. (Attachments: #1 Exhibit(s))(Puma, Michael) (Main Document 49 replaced on 2/14/2020) (hmr, ). (Attachment 1 replaced on 2/14/2020) (hmr, ). [Transferred from New York Northern on 5/14/2020.] |
| CLERK'S CORRECTION OF DOCKET ENTRY re #49 Transcript Request: Clerk replaced both the main document and attachment of this docket entry with flattened versions, so that no changes could be made to these documents. (hmr) [Transferred from New York Northern on 5/14/2020.] |
| TEXT Minute Entry for Telephone Pre-Motion Conference held on 2/11/2020 before U.S. District Judge Mae A. D'Agostino: Appearances by Matthew Thomson, Esq. for the Plaintiffs; Michael Puma, Esq. for the defendants; Judge D'Agostino addresses counsel regarding the defendant's pre-motion letter requests and plaintiff's response. Counsel for the Plaintiffs and counsel for the defendants address the Court. The Court will permit defendant's to file a motion to dimiss on or before 2/18/20. The Court will consider one motion to dismiss that addresses both the counter claim and the third party complaints; The Motion return date shall be set for April 7, 2020 (ON SUBMIT) before Judge D'Agostino; Response papers will be due 3/23/20; Reply papers will be due by 3/27/20. The motion will be decided on the submission of the papers. No personal appearances are necessary.(Court Reporter Jacqueline Stroffolino, CRD Britney Norton [Time 9:30 a.m. - 9:40 a.m.]) (ban) [Transferred from New York Northern on 5/14/2020.] |
| Filing 48 Pre-Motion Letter by Jason Alban, Rick Calton, Carlton Distribution LLC, Snow Belt Distributing, LLC, TCTanner, LLC, William Cory Tanner requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 2/10/2020 (Thomson, Matthew) [Transferred from New York Northern on 5/14/2020.] |
| Filing 47 Pre-Motion Response to #44 Pre-Motion Letter by Jason Alban, Craig Barker, Eric Burke, Rick Calton, Chris Faust, John Fisher, Steve Hazelton, Frank Roberts, Arthur Salisbury, Randy Sherman, Brian Tanner, William Cory Tanner, Tony Weaver requesting a pre-motion conference submitt . (Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| Filing 46 TEXT ORDER: approving the #45 Stipulation. The time for the Third Party Defendants to answer or otherwise respond to the Third Party Complaints is extended to 2/7/2020. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/24/2020. (nmk) [Transferred from New York Northern on 5/14/2020.] |
| Filing 45 STIPULATION re #36 Third Party Complaint, #38 Third Party Complaint, #37 Third Party Complaint Regarding Service of And Deadline For Responding to Third Party Complaints by Bimbo Foods Bakeries Distribution, LLC submitted to Judge D'Agostino. (Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| Filing 44 Pre-Motion Letter by Jason Alban, Craig Barker, Eric Burke, Rick Calton, Chris Faust, John Fisher, Steve Hazelton, Frank Roberts, Arthur Salisbury, Randy Sherman, Brian Tanner, William Cory Tanner, Tony Weaver requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 1/24/2020 (Thomson, Matthew) [Transferred from New York Northern on 5/14/2020.] |
| Filing 43 TEXT ORDER: The deadline for completion of Mandatory Mediation is 3/31/2020. The discovery cutoff is 8/17/2020 (plaintiffs' expert disclosures due by 5/19/220; defendants' expert disclosures due by 7/3/2020; and any rebuttal disclosures are due by 7/20/2020). Substantive motions are to be filed by 9/17/2020. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/21/2020. (nmk) [Transferred from New York Northern on 5/14/2020.] |
| TEXT Minute Entry for telephonic Status Conference held on 1/21/2020 before U.S. Magistrate Judge Andrew T. Baxter: Counsel advise of the filing of the Third Party Complaints. Plaintiffs' counsel will accept service and will be representing the third-party defendants. Counsel provide an update on phase 1 of discovery. Pretrial deadlines were established, outside of phase 1 of discovery. Appearances: Matthew Thomson, Esq. for plaintiffs; Matthew Puma, Esq. for defendants. Time: 2:05 PM - 2:13 PM. (nmk) [Transferred from New York Northern on 5/14/2020.] |
| Filing 42 Third-Party Summonses Issued as to Carlton Distribution LLC, Snow Belt Distributing, LLC, TCTanner, LLC. (Attachments: #1 Third-Party Summons Issued for Snow Belt Distributing, LLC, #2 Third-Party Summons Issued for TC Tanner, LLC)(hmr) [Transferred from New York Northern on 5/14/2020.] |
| Filing 41 STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER: Setting forth the terms and conditions on the exchange and disclosure of confidential materials in this matter. A party seeking to have documents designated as confidential filed under seal with the court must file a sealing application meeting the requirements of NDNY LR 83.13 and Logosch v. Pyramid Co. of Onon. Cty., 435 F.3d 110, 119-27 (2d Cir. 2006). Signed by U.S. Magistrate Judge Andrew T. Baxter on 1/15/2020. (nmk) [Transferred from New York Northern on 5/14/2020.] |
| Filing 40 STIPULATION of Confidentiality and Proposed Protective Order by Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC submitted to Judge Baxter. (Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| Filing 39 CIVIL CASE MANAGEMENT PLAN With Proposed Pretrial Deadlines by Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC. (Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| Filing 38 THIRD PARTY COMPLAINT against TCTanner, LLC filed by Bimbo Foods Bakeries Distribution, LLC. (Attachments: #1 Summons)(Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| Filing 37 THIRD PARTY COMPLAINT against Snow Belt Distributing, LLC filed by Bimbo Foods Bakeries Distribution, LLC. (Attachments: #1 Summons)(Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| Filing 36 THIRD PARTY COMPLAINT against Carlton Distribution LLC filed by Bimbo Foods Bakeries Distribution, LLC. (Attachments: #1 Summons)(Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| CLERK'S CORRECTION OF DOCKET ENTRY re #33 Answer to Amended Complaint, Counterclaim: Clerk replaced Attachment 20 - Exhibit T with a corrected version. The one document that was originally filed was cut off. (hmr) [Transferred from New York Northern on 5/14/2020.] |
| Filing 35 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Bimbo Bakeries USA, Inc. identifying Corporate Parent Grupo Bimbo, S.A.B. de C.V., Corporate Parent Bimbo Bakeries Inc. for Bimbo Bakeries USA, Inc... (Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| Filing 34 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Bimbo Foods Bakeries Distribution, LLC identifying Other Affiliate Bimbo Bakeries USA, Inc. for Bimbo Foods Bakeries Distribution, LLC.. (Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| Filing 33 ANSWER to #16 Amended Complaint , COUNTERCLAIM against Jason Alban, Craig Barker, Eric Burke, Rick Calton, Chris Faust, John Fisher, Steve Hazelton, Frank Roberts, Arthur Salisbury, Randy Sherman, Brian Tanner, William Cory Tanner, Tony Weaver by Bimbo Foods Bakeries Distribution, LLC, Bimbo Bakeries USA, Inc.. (Attachments: #1 Exhibit(s) A - Burke Distribution Agreement, #2 Exhibit(s) B - Barker Distribution Agreement, #3 Exhibit(s) C - Calton Distribution Agreement, #4 Exhibit(s) D - Salisbury Distribution Agreement, #5 Exhibit(s) E - W. Tanner Distribution Agreement, #6 Exhibit(s) F - B. Tanner Distribution Agreement, #7 Exhibit(s) G - Weaver Distribution Agreement, #8 Exhibit(s) H - Ablan Distribution Agreement, #9 Exhibit(s) I - Roberts Distribution Agreement, #10 Exhibit(s) J - Hazelton Distribution Agreement, #11 Exhibit(s) K - Faust Distribution Agreement, #12 Exhibit(s) L - Fisher Distribution Agreement, #13 Exhibit(s) M - Sherman Distribution Agreement, #14 Exhibit(s) N - Burke Advertising Agreement, #15 Exhibit(s) O - Barker Advertising Agreement, #16 Exhibit(s) P - Calton Advertising Agreement, #17 Exhibit(s) Q - W. Tanner Advertising Agreement, #18 Exhibit(s) R - B. Tanner Advertising Agreement, #19 Exhibit(s) S - Weaver Advertising Agreement, #20 Exhibit(s) T - Ablan Advertising Agreement, #21 Exhibit(s) U - Roberts Advertising Agreement, #22 Exhibit(s) V - Hazelton Advertising Agreement, #23 Exhibit(s) W - Faust Advertising Agreement, #24 Exhibit(s) X - Fisher Advertising Agreement, #25 Exhibit(s) Y - Sherman Advertising Agreement)(Puma, Michael) (Attachment 20 replaced on 1/13/2020) (hmr, ). [Transferred from New York Northern on 5/14/2020.] |
| Filing 32 TEXT ORDER denying #28 [Plaintiffs' Motion for Clarification. Clarification as to the propriety as to any claims newly filed in the Southern District of New York is now under the purview of the assigned Judge in the Southern District of New York. So Ordered by U.S. District Judge Mae A. DAgostino on 12/16/2019. (ban) [Transferred from New York Northern on 5/14/2020.] |
| Filing 31 Joint Stipulation and ORDER of the Parties granting #29 Stipulation filed by Bimbo Foods Bakeries Distribution, LLC, Bimbo Bakeries USA, Inc., Bimbo Bakeries Distribution, LLC. Signed by U.S. District Judge Mae A. D'Agostino on 12/13/2019. (ban) [Transferred from New York Northern on 5/14/2020.] |
| Filing 30 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Ruth Raisfeld has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Michael J. Puma and Harold Lichten. Dated: 12/13/2019(Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| Filing 29 STIPULATION to Add Named Parties by Bimbo Bakeries Distribution, LLC, Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC submitted to Judge D'Agostino. (Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| Filing 28 MOTION for Clarification re #25 Order on Motion to Dismiss,, Motion Hearing set for 1/21/2020 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 1/6/2020 filed by Craig Barker, Eric Burke, Rick Calton, Arthur Salisbury, Brian Tanner, William Cory Tanner, Tony Weaver. (Attachments: #1 Memorandum of Law) Motions referred to Andrew T. Baxter. (Lichten, Harold) [Transferred from New York Northern on 5/14/2020.] |
| Filing 27 TEXT ORDER: approving the #26 Stipulation. The deadline for Mediator Selection is extended to 12/13/2019. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/4/2019. (nmk) [Transferred from New York Northern on 5/14/2020.] |
| Filing 26 STIPULATION for Extension of Time to Provide Mediator Selection by Bimbo Bakeries Distribution, LLC, Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC submitted to Judge Andrew T. Baxter. (Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| ***Answer due date updated for Bimbo Bakeries USA, Inc. answer due 12/30/2019. (ban) [Transferred from New York Northern on 5/14/2020.] |
| ***Answer due date updated for Bimbo Foods Bakeries Distribution, LLC answer due 12/30/2019. (ban) [Transferred from New York Northern on 5/14/2020.] |
| Filing 25 MEMORANDUM-DECISION AND ORDER granting #19 Partial Motion to Dismiss: The Court hereby ORDERS that Defendants' partial motion to dismiss is GRANTED; and the Court further ORDERS that Counts II, III, and IV of Plaintiffs' amended complaint are DISMISSED; and the Court further ORDERS that Defendants shall file an answer as to Count I of the amended complaint no later than forty-five (45) days after the entry of this Memorandum-Decision and Order; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 11/15/2019. (ban) [Transferred from New York Northern on 5/14/2020.] |
| TEXT Minute Entry for stenographically-recorded telephonic Rule 16 conference held on 10/31/2019 before U.S. Magistrate Judge Andrew T. Baxter: After a discussion with counsel regarding how this case will proceed while the #19 motion to dismiss is pending, the court provided guidance on a first phase of discovery, based on defendant's description of the scope of discovery in the civil case management plan. Counsel are directed to begin phase 1 of discovery for the next 4 months. A telephonic status conference is set for 3/16/2020 at 1:30 PM, at which time the court will revisit the scope and next phase of discovery. Appearances: Matthew Thomson, Esq. and Samuel Alba, Esq. for plaintiffs; Matthew Puma, Esq. for defendant. (Court Reporter: Jodi Hibbard. Time: 9:31 AM - 9:44 AM.) (nmk) [Transferred from New York Northern on 5/14/2020.] |
| Filing 24 REPLY to Response to Motion re #19 MOTION to Dismiss Plaintiff's Amended Class Action Complaint filed by Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC. (Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| Filing 23 CIVIL CASE MANAGEMENT PLAN (Joint) by Eric Burke. (Thomson, Matthew) [Transferred from New York Northern on 5/14/2020.] |
| Filing 22 RESPONSE in Opposition re #19 MOTION to Dismiss Plaintiff's Amended Class Action Complaint filed by Craig Barker, Eric Burke, Rick Calton, Arthur Salisbury, Brian Tanner, William Cory Tanner, Tony Weaver. (Thomson, Matthew)[Transferred from New York Northern on 5/14/2020.] |
| Filing 21 TEXT ORDER: Due to a change in the court's calendar, the telephonic Rule 16 Conference set for 10/23/2019 is RESCHEDULED to 10/31/2019 at 09:30 AM before U.S. Magistrate Judge Andrew T. Baxter. The joint Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/24/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/11/2019. (nmk) [Transferred from New York Northern on 5/14/2020.] |
| Filing 20 NOTICE of Appearance by Harold Lichten on behalf of All Plaintiffs (Lichten, Harold) [Transferred from New York Northern on 5/14/2020.] |
| Filing 19 MOTION to Dismiss Plaintiff's Amended Class Action Complaint Motion Hearing set for 11/5/2019 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 10/21/2019 Reply to Response to Motion due by 10/25/2019. filed by Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC. (Attachments: #1 Memorandum of Law, #2 Proposed Order/Judgment, #3 Exhibit(s) A - Burke Distribution Agreement, #4 Exhibit(s) B - Barker Distribution Agreement, #5 Exhibit(s) C - Calton Distribution Agreement, #6 Exhibit(s) D - Salisbury Distribution Agreement, #7 Exhibit(s) E - W. Tanner Distribution Agreement, #8 Exhibit(s) F - B. Tanner Distribution Agreement, #9 Exhibit(s) G - Weaver Distribution Agreement, #10 Exhibit(s) H - Puello Complaint) (Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| ***Answer due date updated, pursuant to Judge D'Agostino's 9/9/19 conference call for Bimbo Bakeries Distribution, LLC answer due 10/4/2019; Bimbo Bakeries USA, Inc. answer due 10/4/2019. (ban) [Transferred from New York Northern on 5/14/2020.] |
| ***Answer due date updated for Bimbo Bakeries USA, Inc. answer due 9/27/2019; Bimbo Foods Bakeries Distribution, LLC answer due 9/27/2019. (hmr) [Transferred from New York Northern on 5/14/2020.] |
| Filing 18 NOTICE of Appearance by Michael J. Puma on behalf of Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC (Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| Filing 17 NOTICE by Craig Barker, Eric Burke, Rick Calton, Arthur Salisbury, Brian Tanner, William Cory Tanner, Tony Weaver of Filing Opt-In Consent Forms (Attachments: #1 Exhibit(s) A - Opt-In Consent Forms)(Thomson, Matthew) [Transferred from New York Northern on 5/14/2020.] |
| Filing 16 AMENDED COMPLAINT against All Defendants filed by Brian Tanner, Craig Barker, Arthur Salisbury, William Cory Tanner, Eric Burke, Tony Weaver, Rick Calton.(Thomson, Matthew) [Transferred from New York Northern on 5/14/2020.] |
| Filing 15 TEXT ORDER: granting #12 Motion for Limited Admission Pro Hac Vice. Attorney Harold Lichten is hereby admitted to practice in this action on behalf of by Craig Barker, Eric Burke, Rick Calton, Arthur Salisbury, Brian Tanner, William Cory Tanner, and Tony Weaver. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/11/2019. (nmk) [Transferred from New York Northern on 5/14/2020.] |
| CLERK'S CORRECTION OF DOCKET ENTRY re #14 Notice of Appearance: Clerk removed "Samuel A. Alba" and added "Matthew W. Thomson" to this entry since this notice of appearance is on behalf of Matthew W. Thomson. (hmr) [Transferred from New York Northern on 5/14/2020.] |
| TEXT Minute Entry for Telephone Conference held on 9/9/2019 before U.S. District Judge Mae A. D'Agostino: Appearances by Samuel Alba, Esq. and Harold Lichten, Esq. for the Plaintiffs; Michael Puma, Esq. for the defendants; Judge D'Agostino addresses counsel regarding the pre-motion letter and response; Counsel for the Plaintiffs and Counsel for the defendants address the Court; Judge D'Agostino will permit the plaintiffs to file an amended complaint, on or before 9/13/19; Counsel are directed to confer, prior to the filing of the amended complaint; Defendants are to file an answer to the amended complaint or a motion to dismiss on or before 10/4/19; IF defendants file a motion to dismiss, the motion return date shall be set for November 5, 2019 (ON SUBMIT) before Judge D'Agostino; Response papers will be due 10/21/19; Reply papers will be due 10/25/19. The motion will be decided on the submission of the papers only.(Court Reporter Lisa Tennyson, CRD Britney Norton [Time 9:30 a.m. - 9:40 a.m.]) (ban) [Transferred from New York Northern on 5/14/2020.] |
| Filing 14 NOTICE of Appearance by Matthew W. Thomson on behalf of All Plaintiffs. (Alba, Samuel) Modified on 9/10/2019 (hmr). [Transferred from New York Northern on 5/14/2020.] |
| Filing 13 Pre-Motion Response to #9 Pre-Motion Letter by Bimbo Bakeries Distribution, LLC, Bimbo Bakeries USA, Inc. requesting a pre-motion conference submitted to Judge D'Agostino by Plaintiffs' Counsel. (Alba, Samuel) [Transferred from New York Northern on 5/14/2020.] |
| Filing 12 MOTION for Limited Admission Pro Hac Vice of HAROLD LICHTEN Filing fee $100, receipt number ANYNDC-4859767. filed by Craig Barker, Eric Burke, Rick Calton, Arthur Salisbury, Brian Tanner, William Cory Tanner, Tony Weaver. (Attachments: #1 Affirmation PETITION FOR PHV ADMISSION, #2 Affirmation DECLARATION OF ALBA IN SUPPORT OF PHV ADMISSION, #3 Exhibit(s) CERTIFICATE OF GOOD STANDING, #4 Exhibit(s) EFILE REGISTRATION FORM LICHTEN) Motions referred to Andrew T. Baxter. (Alba, Samuel) [Transferred from New York Northern on 5/14/2020.] |
| Filing 11 TEXT ORDER: granting #10 Motion for Limited Admission Pro Hac Vice. Attorney Matthew W. Thomson is hereby admitted to practice in this action on behalf of Craig Barker, Eric Burke, Rick Calton, Arthur Salisbury, Brian Tanner, William Cory Tanner and Tony Weaver. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/3/2019. (nmk) [Transferred from New York Northern on 5/14/2020.] |
| Filing 10 MOTION for Limited Admission Pro Hac Vice of MATTHEW W. THOMSON Filing fee $100, receipt number ANYNDC-4852854. filed by Craig Barker, Eric Burke, Rick Calton, Arthur Salisbury, Brian Tanner, William Cory Tanner, Tony Weaver. (Attachments: #1 Declaration DECLARATION OF SAMUEL A ALBA, #2 Declaration PETITION FOR ADMISSION THOMSON, #3 Exhibit(s) CERTIFICATE OF GOOD STANDING THOMSON, #4 Exhibit(s) EFILE REGISTRATION FORM THOMSON) Motions referred to Andrew T. Baxter. (Alba, Samuel) [Transferred from New York Northern on 5/14/2020.] |
| Filing 9 Pre-Motion Letter by Bimbo Bakeries Distribution, LLC, Bimbo Bakeries USA, Inc. requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 9/3/2019 (Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| Filing 8 NOTICE of Appearance by Michael J. Puma on behalf of Bimbo Bakeries Distribution, LLC, Bimbo Bakeries USA, Inc. (Puma, Michael) [Transferred from New York Northern on 5/14/2020.] |
| ***Answer due date updated for Bimbo Bakeries Distribution, LLC answer due 8/28/2019; Bimbo Bakeries USA, Inc. answer due 8/28/2019. (hmr) [Transferred from New York Northern on 5/14/2020.] |
| Filing 7 AFFIDAVIT of Service for Summons and Complaint BIMBO BAKERIES USA, INC. served on Felix Correa, First Legal on 08/07/2019, filed by Craig Barker, Eric Burke, Rick Calton, Arthur Salisbury, Brian Tanner, William Cory Tanner, Tony Weaver. (Alba, Samuel) [Transferred from New York Northern on 5/14/2020.] |
| Filing 6 AFFIDAVIT of Service for Summons and Complaint on BIMBO BAKERIES DISTRIBUTION LLC served on Felix Correa, First Legal on 08/07/2019, filed by Craig Barker, Eric Burke, Rick Calton, Arthur Salisbury, Brian Tanner, William Cory Tanner, Tony Weaver. (Alba, Samuel) [Transferred from New York Northern on 5/14/2020.] |
| Filing 5 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf. (hmr) [Transferred from New York Northern on 5/14/2020.] |
| Filing 4 NOTICE of Admission Requirement as to Party Plaintiffs; Attorney Harold L. Lichten, Email address is hlichten@llrlaw.com. Phone number is (617) 994-5800 and Attorney Matthew W. Thomson, Email address is mthomson@llrlaw.com. Phone number is (617) 994-5800 Admissions due by 8/8/2019. (hmr) [Transferred from New York Northern on 5/14/2020.] |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/23/2019 at 10:00 AM by telephone before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/16/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) [Transferred from New York Northern on 5/14/2020.] |
| Filing 2 Summonses Issued as to Bimbo Bakeries Distribution, LLC, Bimbo Bakeries USA, Inc.. (Attachments: #1 Summons Issued for Bimbo Bakeries USA, Inc., #2 Summons Issued for Bimbo Bakeries Distribution, LLC)(hmr) [Transferred from New York Northern on 5/14/2020.] |
| Filing 1 CLASS ACTION COMPLAINT against Bimbo Bakeries Distribution, LLC, Bimbo Bakeries USA, Inc. (Filing fee $400 receipt number ANYNDC-4808497)filed by Brian Tanner, Craig Barker, Arthur Salisbury, William Cory Tanner, Eric Burke, Tony Weaver, Rick Calton. (Attachments: #1 Civil Cover Sheet)(hmr) [Transferred from New York Northern on 5/14/2020.] |
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