Featherstone Foods Inc. et al v. Featherstone Distribution LLC
| Sesame Distribution, Inc., Joel Schonfeld and Featherstone Foods Inc. |
| Featherstone Distribution LLC |
| 1:2020cv05763 |
| July 24, 2020 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Contract: Other |
| 28 U.S.C. § 1330 |
| None |
Docket Report
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This docket was last retrieved on August 26, 2020. A more recent docket listing may be available from PACER.
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| Received e-mail from the United States District Court - Eastern District of New York acknowledging receipt of transferred case. Assigned Case Number: 1:20-cv-03951, filed on 08/26/2020. (sjo) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York (cf) |
Filing 18
ORDER granting #12 Motion to Change Venue. IT IS HEREBY ORDERED that this case is transferred to the United States District Court for the Eastern District of New York. (Signed by Judge Mary Kay Vyskocil on 8/19/2020) (mro) Transmission to Office of the Clerk of Court for processing.
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| Filing 17 LETTER addressed to Judge Mary Kay Vyskocil from Neil L. Postrygacz dated August 18, 2020 re: Transfer of Case to the United States Court for the Eastern District of New York. Document filed by Featherstone Distribution LLC..(Morrison, Lawrence) |
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Filing 16
ORDER The Court cannot so-order the Parties' stipulation because questions remain about whether the Court has subject matter jurisdiction over this dispute. As part of the briefing on the motion to transfer, the Court ordered that subject matter jurisdiction be addressed. See ECF #8. The Court will not considering transferring the case until briefing is complete and subject matter jurisdiction is assured. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (ab)
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| Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by Featherstone Foods Inc., Joel Schonfeld, Sesame Distribution, Inc.. (Attachments: #1 Copy of Stipulation with Ink Signatures, #2 Transmittal Letter Explaining Filing of Stipulation).(Glucksman, James) |
| Filing 14 MEMORANDUM OF LAW in Support re: #12 MOTION to Change Venue . . Document filed by Featherstone Foods Inc., Joel Schonfeld, Sesame Distribution, Inc...(Rattet, Robert) |
| Filing 13 DECLARATION of Robert L. Rattet in Support re: #12 MOTION to Change Venue .. Document filed by Featherstone Foods Inc., Joel Schonfeld, Sesame Distribution, Inc.. (Attachments: #1 Exhibit "A" - Notice of Removal, #2 Exhibit "B" - 7-24-2020 Letter Response of Morrison to Removal, #3 Exhibit "C" - Stipulation Transferring Venue of Removed Case).(Rattet, Robert) |
| Filing 12 MOTION to Change Venue . Document filed by Featherstone Foods Inc., Joel Schonfeld, Sesame Distribution, Inc...(Rattet, Robert) |
| Filing 11 MEMO ENDORSEMENT on re: #10 Letter, filed by Joel Schonfeld, Sesame Distribution, Inc., Featherstone Foods Inc. ENDORSEMENT: Granted. ( Motions due by 8/7/2020., Responses due by 8/14/2020, Replies due by 8/18/2020.) (Signed by Judge Mary Kay Vyskocil on 8/4/2020) (mro) |
| Filing 10 LETTER addressed to Judge Mary Kay Vyskocil from James B. Glucksman dated August 4, 2020 re: Extension of Briefing Deadlines in Light of Tropical Storm (corrected letter). Document filed by Featherstone Foods Inc., Joel Schonfeld, Sesame Distribution, Inc...(Glucksman, James) |
| Filing 9 LETTER addressed to Judge Mary Kay Vyskocil from James B. Glucksman dated August 4, 2020 re: Extension of Briefing Deadlines in Light of Tropical Storm. Document filed by Featherstone Foods Inc., Joel Schonfeld, Sesame Distribution, Inc...(Glucksman, James) |
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Filing 8
ORDER: Plaintiffs submitted a letter [ECF #7] seeking transfer of this case to the Eastern District of New York. The Court cannot transfer the action on the basis of the letter application. Additionally, before transfer, the Court must confirm that subject matter jurisdiction in this Court is appropriate. Accordingly, IT IS HEREBY ORDERED that on or before August 6, 2020, Plaintiffs must file a motion seeking to transfer this case to the Eastern District of New York. The motion must be accompanied by a memorandum of law and any supporting documents attached to one or more declarations. Defendant must file any opposition to the motion on or before August 13, 2020. Plaintiffs must file any reply by August 17, 2020. IT IS FURTHER ORDERED that the Parties should address in the briefing the basis for subject matter jurisdiction in this Court and whether remand is appropriate. ( Motions due by 8/6/2020., Responses due by 8/13/2020, Replies due by 8/17/2020.) (Signed by Judge Mary Kay Vyskocil on 7/29/2020) (mro)
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| Filing 7 LETTER addressed to Judge Mary Kay Vyskocil from Robert L. Rattet dated July 27, 2020 re: Transfer of Civil Action to Eastern District of New York. Document filed by Featherstone Foods Inc., Joel Schonfeld, Sesame Distribution, Inc...(Rattet, Robert) |
| Filing 6 NOTICE OF REMOVAL from SUPREME, County of New York. Case Number: 652689-2020..Document filed by Joel Schonfeld, Sesame Distribution, Inc., Featherstone Foods Inc.. (Attachments: #1 Exhibit "1" - State Court Summons & Complaint).(Rattet, Robert) |
| 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..(pne) |
| 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. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James B. Glucksman to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): the pleading was not signed by the filing attorney. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the properly signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James B. Glucksman. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 150 (Contract: Recovery/Enforcement); Dollar Demand $5,000,000; County code New York. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 190 (Contract: Other); the Dollar Demand has been modified to none; no dollar demand entered on civil cover sheet; the County code has been modified to Nassau. (pne) |
| Filing 5 ANSWER to Complaint. Document filed by Featherstone Distribution LLC. (Attachments: #1 Exhibit A).(Postrygacz, Neil) |
| Filing 4 NOTICE OF APPEARANCE by Robert L. Rattet on behalf of Featherstone Foods Inc., Joel Schonfeld, Sesame Distribution, Inc...(Rattet, Robert) |
| Filing 3 CIVIL COVER SHEET filed..(Glucksman, James) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Featherstone Foods Inc., Joel Schonfeld, Sesame Distribution, Inc...(Glucksman, James) |
| Filing 1 FILING ERROR - SIGNATURE ERROR - NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 652689/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-20837577).Document filed by Joel Schonfeld, Sesame Distribution, Inc., Featherstone Foods Inc.. (Attachments: #1 Exhibit "1" - State Court Summons & Complaint).(Glucksman, James) Modified on 7/27/2020 (pne). |
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