New York Independent Venue Association et al v. Bradley
| Turks Group, LLC, Jukimoo, LLC, Jayarvee, Inc., 49 Illinois Restaurant, LLC, New York Independent Venue Association, Upstate Shows, Inc., Rapids Theater Niagara Falls USA, Inc., Infinity on Main, Inc., Columbus Ale House, Inc. and Capitol Enterprises, Inc. |
| Vincent G. Bradley |
| 1:2020cv06870 |
| August 25, 2020 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Civil Rights: Other |
| 28 U.S.C. § 1331 vc |
| None |
Docket Report
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Filing 23
ORDER granting #21 Letter Motion for Extension of Time. Defendant's request for an extension of time to answer or otherwise respond to the complaint, Dkt No. 21, is granted. The deadline for Defendant to answer or otherwise respond to the complaint is extended to November 12, 2020. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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| Filing 22 LETTER RESPONSE in Opposition to Motion addressed to Judge Gregory H. Woods from Jonathan Corbett dated 10/21/2020 re: #21 LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Matthew L. Conrad dated October 20, 2020. . Document filed by 49 Illinois Restaurant, LLC, Capitol Enterprises, Inc., Columbus Ale House, Inc., Infinity on Main, Inc., Jayarvee, Inc., Jukimoo, LLC, New York Independent Venue Association, Rapids Theater Niagara Falls USA, Inc., Turks Group, LLC, Upstate Shows, Inc.. (Attachments: #1 Exhibit A - Excerpt of Hearing Transcript).(Corbett, Jonathan) |
| Filing 21 LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Matthew L. Conrad dated October 20, 2020. Document filed by Vincent G. Bradley..(Conrad, Matthew) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 9/23/2020. (Daniels, Anthony) |
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Filing 20
ORDER denying #9 Motion for TRO; denying #9 Motion for Preliminary Injunction. On August 31, 2020, Plaintiffs filed an ex parte motion for an emergency temporary restraining order and preliminary injunction. Dkt No. 9. In accordance with the order dated September 1, 2020, Dkt No. 11, Defendant filed an opposition on September 11, 2020, Dkt No. 13, and on September 23, 2020, appeared to show cause why a temporary restraining order and a preliminary injunction should not issue. For the reasons stated on the record during the hearing held on September 23, 2020, Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction is DENIED. The deadline for Defendant to answer or otherwise respond to Plaintiffs' Complaint, Dkt No. 1, is extended to October 29, 2020. The Clerk of Court is directed to terminate the motion pending at Dkt No. 9. (Signed by Judge Gregory H. Woods on 9/23/2020) (mro)
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| Filing 19 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/23/2020 at 12:00 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (Signed by Judge Gregory H. Woods on 9/23/2020) (mro) |
| Set/Reset Deadlines: Vincent G. Bradley answer due 10/29/2020. (mro) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 9/23/2020. (Court Reporter Karen Gorlaski) (W. Joseph) |
| Filing 18 REPLY to Response to Motion re: #9 EMERGENCY MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . pursuant to 17 ORDER granting leave to file excess pages. Document filed by 49 Illinois Restaurant, LLC, Capitol Enterprises, Inc., Columbus Ale House, Inc., Infinity on Main, Inc., Jayarvee, Inc., Jukimoo, LLC, New York Independent Venue Association, Rapids Theater Niagara Falls USA, Inc., Turks Group, LLC, Upstate Shows, Inc.. (Attachments: #1 Exhibit A - Menu of The Graham, #2 Exhibit B - Photo of Dinner Service At The Graham, #3 Exhibit C - Menu of The Turk's Inn).(Corbett, Jonathan) |
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Filing 17
ORDER granting #16 Letter Motion for Leave to File Excess Pages. Plaintiffs' Motion for Leave to File Excess Pages, Dkt No. 16, is granted. The deadline for Plaintiffs to file their reply brief is extended to September 17, 2020. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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| Filing 16 MOTION for Leave to File Excess Pages Memorandum in Reply to #13 MEMORANDUM OF LAW in Opposition re: #9 EMERGENCY MOTION for Temporary Restraining Order. Document filed by 49 Illinois Restaurant, LLC, Capitol Enterprises, Inc., Columbus Ale House, Inc., Infinity on Main, Inc., Jayarvee, Inc., Jukimoo, LLC, New York Independent Venue Association, Rapids Theater Niagara Falls USA, Inc., Turks Group, LLC, Upstate Shows, Inc.. (Attachments: #1 Proposed Reply, #2 Exhibit A - Menu of The Graham, #3 Exhibit B - Photo of Dinner Service At The Graham, #4 Exhibit C - Menu of The Turk's Inn).(Corbett, Jonathan) |
| Filing 15 SUMMONS RETURNED EXECUTED. Vincent G. Bradley served on 9/8/2020, answer due 9/29/2020. Service was accepted by NY AG Managing Atty's Off.. Service was made by Mail. See Fed. R. Civ. P. 4(j)(2)(B), allowing service pursuant to N.Y. CPLR 307(2). Document filed by Jukimoo, LLC; Upstate Shows, Inc.; Infinity on Main, Inc.; Turks Group, LLC; Columbus Ale House, Inc.; Rapids Theater Niagara Falls USA, Inc.; Jayarvee, Inc.; New York Independent Venue Association; 49 Illinois Restaurant, LLC; Capitol Enterprises, Inc.. (Attachments: #1 USPS Proof of Delivery).(Corbett, Jonathan) |
| Filing 14 NOTICE OF APPEARANCE by Matthew Lawrence Conrad on behalf of Vincent G. Bradley..(Conrad, Matthew) |
| Filing 13 MEMORANDUM OF LAW in Opposition re: #9 EMERGENCY MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . . Document filed by Vincent G. Bradley. (Attachments: #1 Declaration of Dr. Elizabeth M. Dufort, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V-1, #24 Exhibit V-2, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Exhibit AA, #30 Exhibit BB, #31 Exhibit CC, #32 Exhibit DD).(Conrad, Matthew) |
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Filing 12
ORDER: On August 31, 2020, Plaintiffs filed an emergency motion for a temporary restraining order. Dkt No. 9. That motion is denied. Under Federal Rule of Civil Procedure 65, "[t]he court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Fed. R. Civ. P. 65(b)(1). Plaintiffs have not "certifie[d] in writing...why [notice] should not be required." Id. Thus, the Court cannot issue an ex parte temporary restraining order under Rule 65(b)(1); see also Rule 4(B) of this Court's Individual Rules of Practice in Civil Cases. But, by separate order to be entered today, the Court has ordered Defendant to show cause why a temporary restraining order and preliminary injunction should not issue. (Signed by Judge Gregory H. Woods on 9/1/2020) (mro)
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Filing 11
ORDER TO SHOW CAUSE: Defendant is ORDERED to show cause on September 23, 2020 at 2 p.m. why a temporary restraining order and preliminary injunction should not issue in this case. The hearing will take place by telephone. The parties are directed to consult the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for dial-in information and other instructions. Defendant is directed to respond to Plaintiffs' application for a temporary restraining order, Dkt No. 9, no later than September 11, 2020. Plaintiffs' reply to Defendants' opposition is due by September 16, 2020. Plaintiffs are directed to serve a copy of this order on Defendant by September 4, 2020 and to retain proof of service. ( Telephone Conference set for 9/23/2020 at 02:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 9/1/2020) (mro)
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| Set/Reset Deadlines: Responses due by 9/11/2020 Replies due by 9/16/2020. (mro) |
| Filing 10 STATUS REPORT. regarding service of Mot. for Emergency TRO. Document filed by 49 Illinois Restaurant, LLC, Capitol Enterprises, Inc., Columbus Ale House, Inc., Infinity on Main, Inc., Jayarvee, Inc., Jukimoo, LLC, New York Independent Venue Association, Rapids Theater Niagara Falls USA, Inc., Turks Group, LLC, Upstate Shows, Inc...(Corbett, Jonathan) |
| Filing 9 EMERGENCY MOTION for Temporary Restraining Order ., MOTION for Preliminary Injunction . Document filed by 49 Illinois Restaurant, LLC, Capitol Enterprises, Inc., Columbus Ale House, Inc., Infinity on Main, Inc., Jayarvee, Inc., Jukimoo, LLC, New York Independent Venue Association, Rapids Theater Niagara Falls USA, Inc., Turks Group, LLC, Upstate Shows, Inc.. (Attachments: #1 Affidavit of NYIVA (Exhibit A), #2 Affidavit of Jukimoo, LLC (Exhibit B)).(Corbett, Jonathan) |
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Filing 8
ORDER ON MOTION TO ADMIT PRO HAC VICE granting #6 Motion for Jonathan Corbett to Appear Pro Hac Vice. (Signed by Judge Gregory H. Woods on 8/31/2020) (mro)
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/4/2020 at 04:30 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Courts Emergency Rules. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/26/2020) (ks)
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| Filing 6 AMENDED MOTION for Jonathan Corbett to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 49 Illinois Restaurant, LLC, Capitol Enterprises, Inc., Columbus Ale House, Inc., Infinity on Main, Inc., Jayarvee, Inc., Jukimoo, LLC, New York Independent Venue Association, Rapids Theater Niagara Falls USA, Inc., Turks Group, LLC, Upstate Shows, Inc.. (Attachments: #1 Affidavit of Jonathan Corbett, #2 Exhibit A - Certificate of Good Standing from Cal. S. Ct., #3 Proposed Order).(Corbett, Jonathan) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Vincent G. Bradley..(pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan Corbett. The party information for the following party/parties has been modified: Vincent G. Bradley. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pne) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 AMENDED MOTION for Jonathan Corbett 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. (vba) |
| Case Designated ECF. (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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #4 MOTION for Jonathan Corbett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21324378. 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 STATE OF CALIFORNIA; missing Proposed Order; NOTARIZED AFFIDAVIT;. 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.. (vba) |
| Filing 4 FILING ERROR - DEFICIENT DOCET ENTRY - MOTION for Jonathan Corbett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21324378. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 49 Illinois Restaurant, LLC, Capitol Enterprises, Inc., Columbus Ale House, Inc., Infinity on Main, Inc., Jayarvee, Inc., Jukimoo, LLC, New York Independent Venue Association, Rapids Theater Niagara Falls USA, Inc., Turks Group, LLC, Upstate Shows, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing).(Corbett, Jonathan) Modified on 8/26/2020 (vba). |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Vincent G. Bradley, re: #1 Complaint,. Document filed by 49 Illinois Restaurant, LLC, Capitol Enterprises, Inc., Columbus Ale House, Inc., Infinity on Main, Inc., Jayarvee, Inc., Jukimoo, LLC, New York Independent Venue Association, Rapids Theater Niagara Falls USA, Inc., Turks Group, LLC, Upstate Shows, Inc...(Corbett, Jonathan) |
| Filing 2 CIVIL COVER SHEET filed..(Corbett, Jonathan) |
| Filing 1 COMPLAINT against Vincent G. Bradley. (Filing Fee $ 400.00, Receipt Number ANYSDC-21323104)Document filed by Jukimoo, LLC, Upstate Shows, Inc., Infinity on Main, Inc., Turks Group, LLC, Columbus Ale House, Inc., Rapids Theater Niagara Falls USA, Inc., Jayarvee, Inc., New York Independent Venue Association, 49 Illinois Restaurant, LLC, Capitol Enterprises, Inc...(Corbett, Jonathan) |
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