Fresco Products Inc. v. Taco Dumbo Holdings LLCLC et al
| Fresco Products Inc. |
| OMAKASA 31 W52 LLC, TACODUMBO ROSE MANSION LLC, TACO DUMBO HOLDINGS LLC, TACODUMBO 666 5th LLC, TACODUMBO LLC, OMAKASA 56 SPRING LLC, TACODUMBO 1385 BROADWAY LLC, TACODUMBO 2 PENN PLAZA LLC, Jed Pines, Jonathan Krieger, TACODUMBO 114W47 LLC, TACODUMBO 666 5th LLC doing business as TACO DUMBO, OMAKASA 56 SPRING LLC doing business as TACO DUMBO, TACODUMBO ROSE MANSION LLC doing business as TACO DUMBO, TACODUMBO 1385 BROADWAY LLC doing business as TACO DUMBO, OMAKASA 31 W52 LLC doing business as TACO DUMBO, TACODUMBO 114W47 LLC doing business as TACO DUMBO, TACODUMBO 2 PENN PLAZA LLC doing business as TACO DUMBO and TACODUMBO LLC doing business as TACO DUMBO |
| 1:2020cv04715 |
| June 19, 2020 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| None |
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Filing 10
STIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for all parties hereto, that the time for defendants to move or answer is extended to and including August 15, 2020. Defendants admit proper service of the Summons and Complaint and waive any affirmative defense as to lack of personal jurisdiction; provided, however defendants do not waive other jurisdictional defenses. SO ORDERED. Jonathan Krieger answer due 8/15/2020; Omakasa 31 W52 LLC answer due 8/15/2020; Omakasa 56 Spring LLC answer due 8/15/2020; Jed Pines(and in any corporate capacity) answer due 8/15/2020; Jed Pines(individually ) answer due 8/15/2020; Taco Dumbo Holdings LLC answer due 8/15/2020; TacoDumbo 114W47 LLC answer due 8/15/2020; TacoDumbo 1385 Broadway LLC answer due 8/15/2020; TacoDumbo 2 Penn Plaza LLC answer due 8/15/2020; TacoDumbo 666 5th LLC answer due 8/15/2020; TacoDumbo LLC answer due 8/15/2020; TacoDumbo Rose Mansion LLC answer due 8/15/2020. (Signed by Judge Analisa Torres on 7/15/2020) (kv)
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| Filing 9 PROPOSED STIPULATION AND ORDER. Document filed by Jonathan Krieger, Omakasa 31 W52 LLC, Omakasa 56 Spring LLC, Jed Pines(and in any corporate capacity), Jed Pines(individually ), Taco Dumbo Holdings LLC, TacoDumbo 114W47 LLC, TacoDumbo 1385 Broadway LLC, TacoDumbo 2 Penn Plaza LLC, TacoDumbo 666 5th LLC, TacoDumbo LLC, TacoDumbo Rose Mansion LLC..(Smith, Michael) |
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Filing 8
ORDER. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by August 19, 2020, email a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, and as further specified and set forth in this Order. So ordered. (Signed by Judge Analisa Torres on 6/29/2020) (rjm)
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Filing 7
INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 11:40 a.m., on August 26, 2020, in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York. Principal trial counsel must appear at this and all subsequent conferences, and as further set forth in this Order. So ordered. (Initial Conference set for 8/26/2020 at 11:40 AM in Courtroom 15D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres). (Signed by Judge Analisa Torres on 6/29/2020) (rjm)
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Filing 6
ORDER. To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and beheard by all other participants. The parties are strongly encouraged to engage in discovery through remote means at eve1y available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 6/29/2020) (rjm)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Jonathan Krieger, Omakasa 31 W52 LLC, Omakasa 56 Spring LLC, Jed Pines(and in any corporate capacity), Jed Pines(individually ), Taco Dumbo Holdings LLC, TacoDumbo 114W47 LLC, TacoDumbo 1385 Broadway LLC, TacoDumbo 2 Penn Plaza LLC, TacoDumbo 666 5th LLC, TacoDumbo LLC, TacoDumbo Rose Mansion LLC..(dnh) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Taco Dumbo Holdings LLC, Omakasa 31 W52 LLC d/b/a Taco Dumbo, Tacodumbo 114W47 LLC d/b/a Taco Dumbo, Tacodumbo 666 5th LLC d/b/a Taco Dumbo, Tacodumbo 1385 Broadway LLC d/b/a Taco Dumbo, Omakasa 56 Spring LLC d/b/a Taco Dumbo, Tacodumbo 2 Penn Plaza LLC d/b/a Taco Dumbo, Tacodumbo LLC d/b/a Taco Dumbo, Tacodumbo Rose Mansion LLC d/b/a Taco Dumbo, Jonathan Krieger and Jed Pines Individually and in any corporate capacity., re: #1 Complaint,,,,. Document filed by Fresco Products Inc...(Fierst, Timothy) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Timothy John Fierst to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): party names must be listed on the PDF 'To' section. If all of the party names do not fit, enter 'see attached rider' and attach a 'rider/addendem' listing party information; the attorney information was omitted;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Timothy John Fierst. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,608,433,000; County code Albany;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $46,000; the County code has been modified to Bronx;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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 PARTY MODIFICATION. Notice to attorney Timothy John Fierst. The party information for the following party/parties has been modified: TACO DUMBO HOLDINGS LLC; OMAKASA 31 W52 LLC; TACODUMBO 114W47 LLC; TACODUMBO 666 5th LLC; TACODUMBO 1385 BROADWAY LLC; OMAKASA 56 SPRING LLC; TACODUMBO 2 PENN PLAZA LLC; TACODUMBO LLC; TACODUMBO ROSE MANSION LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) |
| Magistrate Judge Kevin Nathaniel Fox 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) |
| Filing 3 CIVIL COVER SHEET filed..(Fierst, Timothy) |
| Filing 2 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to TACO DUMBO HOLDINGS LLC, OMAKASA 31 W52 LLC d/b/a TACO DUMBO, TACODUMBO 114W47 LLC d/b/a TACO DUMBO, TACODUMBO 666 5th LLC d/b/a TACO DUMBO, TACODUMBO 1385 BROADWAY LLC d/b/a TACO DUMBO, OMAKASA 56 SPRING LLC d/b/a TACO DUMBO, TACODUMBO 2 PENN PLAZA LLC d/b/a TACO DUMBO, TACODUMBO LLC d/b/a TACO DUMBO, TACODUMBO ROSE MANSION LLC d/b/a TACO DUMBO, JONATHAN KRIEGER and JED PINES Individually and in any corporate capacity., re: #1 Complaint,,,,. Document filed by Fresco Products Inc...(Fierst, Timothy) Modified on 6/22/2020 (jgo). |
| Filing 1 COMPLAINT against Jonathan Krieger, OMAKASA 31 W52 LLC, OMAKASA 56 SPRING LLC, Jed Pines(and in any corporate capacity), Jed Pines(individually ), TACO DUMBO HOLDINGS LLC, TACODUMBO 114W47 LLC, TACODUMBO 1385 BROADWAY LLC, TACODUMBO 2 PENN PLAZA LLC, TACODUMBO 666 5th LLC, TACODUMBO LLC, TACODUMBO ROSE MANSION LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-20336546)Document filed by Fresco Products Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B 114 West 1-10, #3 Exhibit B 114 West 2-10, #4 Exhibit B 114 West 3-10, #5 Exhibit B 114 West 4-10, #6 Exhibit B 114 West 5-10, #7 Exhibit B 114 West 6-10, #8 Exhibit B 114 West 7-10, #9 Exhibit B 114 West 8-10, #10 Exhibit B 114 West 9-10, #11 Exhibit B 114 West 10-10, #12 Exhibit B 1385 Broadway, #13 Exhibit B Penn, #14 Exhibit B Omakasa 31, #15 Exhibit B Omakasa 56 1-2, #16 Exhibit B Omakasa 56 1-2, #17 Exhibit B Rose Mansion, #18 Exhibit B Tacodumbo LLC, #19 Exhibit B 666 5th LLC).(Fierst, Timothy) |
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