Goureau et al v. Lemonis et al
Plaintiff: Stephanie Menkin and Nicolas Goureau
Defendant: Marcus Lemonis, Marcus Lemonis, LLC and ML Retail, LLC
Nominal Defendant: Gooberry Corp.
Case Number: 1:2020cv04691
Filed: June 18, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Mary Kay Vyskocil
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 28 U.S.C. § 1331 ra
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2020 Opinion or Order Filing 23 ORDER granting #21 Motion for Lauren Greene to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
August 7, 2020 Opinion or Order Filing 22 ORDER granting #20 Motion for Gerard P Fox to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
August 6, 2020 Opinion or Order Filing 21 MOTION for Lauren Greene to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21037924. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nicolas Goureau(derivatively on behalf of GOOBERRY CORP., a New York corporation), Nicolas Goureau(individually), Stephanie Menkin(derivatively on behalf of GOOBERRY CORP., a New York corporation), Stephanie Menkin(individually). (Attachments: #1 Affidavit Notarized Affidavit of Lauren Greene, #2 Exhibit California Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Lukic, Maja)
August 6, 2020 Opinion or Order Filing 20 AMENDED MOTION for Gerard P. Fox to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nicolas Goureau(derivatively on behalf of GOOBERRY CORP., a New York corporation), Nicolas Goureau(individually), Stephanie Menkin(derivatively on behalf of GOOBERRY CORP., a New York corporation), Stephanie Menkin(individually). (Attachments: #1 Affidavit Notarized Affidavit of Gerard P. Fox, #2 Exhibit California Certificate of Good Standing, #3 Exhibit Maryland Certificate of Good Standing, #4 Exhibit DC Certificate of Good Standing, #5 Text of Proposed Order Proposed Order for Pro Hac Vice Admission).(Lukic, Maja)
August 6, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 AMENDED MOTION for Gerard P. Fox 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)
August 6, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Lauren Greene to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21037924. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 4, 2020 Opinion or Order Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Gerard P. Fox to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20993900. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nicolas Goureau(derivatively on behalf of GOOBERRY CORP., a New York corporation), Nicolas Goureau(individually), Stephanie Menkin(derivatively on behalf of GOOBERRY CORP., a New York corporation), Stephanie Menkin(individually). (Attachments: #1 Affidavit Affidavit of Gerard P. Fox, Esq., #2 Exhibit Maryland Certificate of Good Standing, #3 Exhibit DC Certificate of Good Standing, #4 Exhibit California Certificate of Good Standing, #5 Text of Proposed Order Proposed Order for Pro Hac Vice Admission).(Lukic, Maja) Modified on 8/4/2020 (bcu).
August 4, 2020 Opinion or Order Filing 18 ORDER granting #16 Motion for Jesse M Coleman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
August 4, 2020 Opinion or Order Filing 17 ORDER granting #15 Motion for Michael D Wexler to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
August 4, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 MOTION for Gerard P. Fox to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20993900. 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 California. We do not except certificates from a stste bar registration from this state.;. Re-file the motion as a Corrected 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.. (bcu)
August 3, 2020 Opinion or Order Filing 16 MOTION for Jesse M. Coleman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20975915. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marcus Lemonis, ML Retail, LLC, Marcus Lemonis, LLC. (Attachments: #1 Declaration of Jesse M. Coleman in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Supreme Court of Texas Certificate, #3 Exhibit B - Supreme Court of Virginia Certificate, #4 Proposed Order Admitting Jesse M. Coleman Pro Hac Vice).(Coleman, Jesse)
August 3, 2020 Opinion or Order Filing 15 MOTION for Michael D. Wexler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20974902. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marcus Lemonis, ML Retail, LLC, Marcus Lemonis, LLC. (Attachments: #1 Declaration of Michael D. Wexler in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Bar of Illinois Certificate of Admission, #3 Proposed Order Admitting Michael D. Wexler Pro Hac Vice).(Wexler, Michael)
August 3, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Michael D. Wexler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20974902. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 3, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Jesse M. Coleman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20975915. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
July 13, 2020 Opinion or Order Filing 14 AFFIDAVIT OF SERVICE. Marcus Lemonis served on 7/9/2020, answer due 8/19/2020; ML Retail, LLC served on 6/23/2020, answer due 8/19/2020; Marcus Lemonis, LLC served on 6/23/2020, answer due 8/19/2020. Service was accepted by Douglas Wexler (for Marcus Lemonis); Robert Jones II (for ML Retail, LLC and Marcus Lemonis, LLC). Document filed by Nicolas Goureau(derivatively on behalf of GOOBERRY CORP., a New York corporation); Nicolas Goureau(individually); Stephanie Menkin(derivatively on behalf of GOOBERRY CORP., a New York corporation); Stephanie Menkin(individually). (Attachments: #1 Exhibit Exhibit A - Affidavit of Service (ML Retail, LLC), #2 Exhibit Exhibit B - Affidavit of Service (Marcus Lemonis LLC), #3 Exhibit Exhibit C - Affidavit of Service (Marcus Lemonis)).(Lukic, Maja)
July 13, 2020 Opinion or Order Filing 13 ORDER granting #12 Letter Motion for Extension of Time to Answer. Granted. Gooberry Corp. answer due 8/19/2020; Marcus Lemonis answer due 8/19/2020; ML Retail, LLC answer due 8/19/2020; Marcus Lemonis, LLC answer due 8/19/2020. (Signed by Judge Mary Kay Vyskocil on 7/13/2020) (mro)
July 10, 2020 Opinion or Order Filing 12 LETTER MOTION for Extension of Time to File Answer addressed to Judge Mary Kay Vyskocil from Owen R. Wolfe dated July 10, 2020. Document filed by Marcus Lemonis, ML Retail, LLC, Marcus Lemonis, LLC. (Attachments: #1 Exhibit A -- Correspondence with Plaintiffs' Counsel).(Wolfe, Owen)
June 23, 2020 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Maja Lukic on behalf of Nicolas Goureau(derivatively on behalf of GOOBERRY CORP., a New York corporation), Nicolas Goureau(individually), Stephanie Menkin(derivatively on behalf of GOOBERRY CORP., a New York corporation), Stephanie Menkin(individually)..(Lukic, Maja)
June 19, 2020 Opinion or Order Filing 10 ELECTRONIC SUMMONS ISSUED as to Gooberry Corp...(pc)
June 19, 2020 Opinion or Order Filing 9 ELECTRONIC SUMMONS ISSUED as to ML Retail, LLC..(pc)
June 19, 2020 Opinion or Order Filing 8 ELECTRONIC SUMMONS ISSUED as to Marcus Lemonis, LLC..(pc)
June 19, 2020 Opinion or Order Filing 7 ELECTRONIC SUMMONS ISSUED as to Marcus Lemonis..(pc)
June 19, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Maja Lukic re: Document No. #1 Complaint,. The filing is deficient for the following reason(s): Add Nicolas Goureau, Stephanie Menkin to CM ECF with the party text "derivatively on behalf of GOOBERRY CORP., a New York corporation" for each. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc)
June 19, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Maja Lukic. The party information for the following party/parties has been modified: Nicolas Goureau, Stephanie Menkin, Gooberry Corp., Marcus Lemonis, ML Retail, LLC, Marcus Lemonis, LLC. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
June 19, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(pc)
June 19, 2020 Opinion or Order Magistrate Judge Sarah L. Cave 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. (pc)
June 19, 2020 Opinion or Order Case Designated ECF. (pc)
June 19, 2020 Opinion or Order ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Nicolas Goureau, Stephanie Menkin, Nicolas Goureau, Stephanie Menkin added. Party added pursuant to #1 Complaint,.Document filed by Nicolas Goureau, Stephanie Menkin, Nicolas Goureau, Stephanie Menkin. Related document: #1 Complaint,..(Lukic, Maja)
June 18, 2020 Opinion or Order Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Gooberry Corp., re: #1 Complaint,. Document filed by Nicolas Goureau, Stephanie Menkin..(Lukic, Maja)
June 18, 2020 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Marcus Lemonis, LLC, re: #1 Complaint,. Document filed by Nicolas Goureau, Stephanie Menkin..(Lukic, Maja)
June 18, 2020 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to ML Retail, LLC, re: #1 Complaint,. Document filed by Nicolas Goureau, Stephanie Menkin..(Lukic, Maja)
June 18, 2020 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Marcus Lemonis, re: #1 Complaint,. Document filed by Nicolas Goureau, Stephanie Menkin..(Lukic, Maja)
June 18, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Lukic, Maja)
June 18, 2020 Opinion or Order Filing 1 COMPLAINT against Gooberry Corp., Marcus Lemonis, ML Retail, LLC, Marcus Lemonis, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-20320848)Document filed by Nicolas Goureau, Stephanie Menkin. (Attachments: #1 Exhibit Exhibit A - Original Gooberry Stock Purchase Agreement, #2 Exhibit Exhibit B - Original Gooberry Operating Agreement, #3 Exhibit Exhibit C - Credit Agreement, #4 Exhibit Exhibit D - Security Agreement).(Lukic, Maja)

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Plaintiff: Stephanie Menkin
Represented By: Maja Lukic
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Plaintiff: Nicolas Goureau
Represented By: Maja Lukic
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Defendant: Marcus Lemonis
Represented By: Owen Richard Wolfe
Represented By: Michael D. Wexler
Represented By: Jesse M. Coleman
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Defendant: Marcus Lemonis, LLC
Represented By: Owen Richard Wolfe
Represented By: Michael D. Wexler
Represented By: Jesse M. Coleman
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Defendant: ML Retail, LLC
Represented By: Owen Richard Wolfe
Represented By: Michael D. Wexler
Represented By: Jesse M. Coleman
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Nominal defendant: Gooberry Corp.
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