Brook Beverage, Inc. v. Pepsi-Cola Bottling Company Of New York, Inc.
| Brook Beverage, Inc. |
| Pepsi-Cola Bottling Company Of New York, Inc. |
| 1:2020cv09275 |
| November 5, 2020 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Contract: Other |
| 28 U.S.C. § 1441 nr |
| None |
Docket Report
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This docket was last retrieved on October 6, 2021. A more recent docket listing may be available from PACER.
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Filing 44
DECLARATION of Jeffrey H. Weinberger in Support re: #7 FIRST MOTION to Remand to State Court Notice of Motion.. Document filed by Brook Beverage, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Weinberger, Jeffrey)
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Filing 43
REPLY MEMORANDUM OF LAW in Support re: #7 FIRST MOTION to Remand to State Court Notice of Motion. . Document filed by Brook Beverage, Inc...(Weinberger, Jeffrey)
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Filing 42
ORDER: In light of representations made at the December 15, 2020 status conference in the above captioned case, (Doc. 25), it is hereby: ORDERED that the parties are directed to appear for a telephonic conference on January 6, 2021 at 12 PM. The conference line is 888-363-4749 and the access code is 2682448. (Telephone Conference set for 1/6/2021 at 12:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 12/15/2020) (nb)
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Filing 41
LETTER addressed to Judge Vernon S. Broderick from Jeffrey H Weinberger dated December 15, 2020 re: joint status update. Document filed by Brook Beverage, Inc...(Weinberger, Jeffrey)
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Filing 40
CERTIFICATE OF SERVICE of MOL and Declaration served on Jeffrey Weinberger on 12/15/20. Document filed by Pepsi-Cola Bottling Company Of New York, Inc...(Brady, Patrick)
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Filing 39
DECLARATION of Patrick G. Brady in Support re: #15 MOTION to Compel Arbitration .. Document filed by Pepsi-Cola Bottling Company Of New York, Inc.. (Attachments: #1 Exhibit A).(Brady, Patrick)
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Filing 38
REPLY MEMORANDUM OF LAW in Support re: #15 MOTION to Compel Arbitration . . Document filed by Pepsi-Cola Bottling Company Of New York, Inc...(Brady, Patrick)
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Minute Entry for proceedings held before Judge Vernon S. Broderick: Telephone Conference held on 12/15/2020. (Court Reporter Rose Prater) (msa) Modified on 12/16/2020 (msa).
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Filing 37
ORDER granting #34 Letter Motion for Extension of Time to File Response/Reply. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/10/2020) (rro)
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Filing 36
DECLARATION of Jeffrey H. Weinberger in Opposition re: #15 MOTION to Compel Arbitration .. Document filed by Brook Beverage, Inc.. (Attachments: #1 Exhibit Distributor Agreement, #2 Exhibit Modification Agreement).(Weinberger, Jeffrey)
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Filing 35
MEMORANDUM OF LAW in Opposition re: #15 MOTION to Compel Arbitration . . Document filed by Brook Beverage, Inc...(Weinberger, Jeffrey)
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Filing 34
LETTER MOTION for Extension of Time to File Response/Reply to file papers in opposition to Defendant's cross-motion to compel arbitration addressed to Judge Vernon S. Broderick from Jeffrey H Weinberger dated December 8, 2020. Document filed by Brook Beverage, Inc.. Return Date set for 12/15/2020 at 10:00 AM..(Weinberger, Jeffrey)
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Filing 33
ORDER granting #32 Letter Motion for Extension of Time. Application Granted. So Ordered. (Signed by Judge Vernon S. Broderick on 12/2/2020) (js)
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Set/Reset Deadlines: Responses due by 12/15/2020 (js)
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Filing 32
FIRST LETTER MOTION for Extension of Time to file papers in opposition to Defendant's cross-motion to compel arbitration addressed to Judge Vernon S. Broderick from Jeffrey H Weinberger dated November 30, 2020. Document filed by Brook Beverage, Inc.. Return Date set for 12/15/2020 at 10:00 AM..(Weinberger, Jeffrey)
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Filing 31
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/18/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 30
TRANSCRIPT of Proceedings re: CONFERENCE held on 11/18/2020 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/21/2020. Redacted Transcript Deadline set for 12/31/2020. Release of Transcript Restriction set for 3/1/2021..(McGuirk, Kelly)
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Filing 29
CERTIFICATE OF SERVICE of Memorandum of Law and Declaration with Exhibits served on Jeffrey Weinberger on 11/30/20. Document filed by Pepsi-Cola Bottling Company Of New York, Inc...(Brady, Patrick)
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Filing 28
DECLARATION of Patrick Brady in Opposition re: #7 FIRST MOTION to Remand to State Court Notice of Motion.. Document filed by Pepsi-Cola Bottling Company Of New York, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Brady, Patrick)
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Filing 27
MEMORANDUM OF LAW in Opposition re: #7 FIRST MOTION to Remand to State Court Notice of Motion. . Document filed by Pepsi-Cola Bottling Company Of New York, Inc...(Brady, Patrick)
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Filing 26
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT NOS 27-29) - MEMORANDUM OF LAW in Opposition re: #7 FIRST MOTION to Remand to State Court Notice of Motion. . Document filed by Pepsi-Cola Bottling Company Of New York, Inc.. (Attachments: #1 Brady Declaraion, #2 Exhibit A to Brady Declaration, #3 Exhibit B to Brady Declaration, #4 Exhibit C to Brady Declaration, #5 Certificate of Service).(Brady, Patrick) Modified on 11/30/2020 (ldi).
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Filing 25
ORDER: Accordingly, it is hereby: ORDERED that the parties are directed to appear for a telephonic conference on December 15, 2020 at 12 PM. The conference line is 888-363-4749 and the access code is 2682448. SO ORDERED. (Telephone Conference set for 12/15/2020 at 12:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 11/29/2020) (rro)
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Filing 24
ANSWER to Complaint. Document filed by Pepsi-Cola Bottling Company Of New York, Inc...(Brady, Patrick)
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Filing 23
LETTER addressed to Judge Vernon S. Broderick from Jeffrey H. Weinberger, Esq. dated November 25, 2020 re: joint status update. Document filed by Brook Beverage, Inc...(Weinberger, Jeffrey)
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Filing 22
ORDER: ORDERED that the parties shall submit a joint status update to the Court on or before November 25, 2020. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/18/2020) (rro)
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Filing 21
DECLARATION of Andrew GraBois in Support re: #15 MOTION to Compel Arbitration .. Document filed by Pepsi-Cola Bottling Company Of New York, Inc.. (Attachments: #1 Exhibit 1 - February 2, 1999 Distributor Agreement, #2 Exhibit 2 - March 19, 2002 Agreement, #3 Exhibit 3 - February 4, 2008 Agreement, #4 Exhibit 4 - May 31, 2019 Termination Notice, #5 Exhibit 5 - August 14, 2020 Letter to Brook Beverage, #6 Exhibit 6 - September 8, 2020 Letter to Brook Beverage, #7 Exhibit 7 - October 6, 2020 Letter to Brook Beverage).(Brady, Patrick)
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Minute Entry for proceedings held before Judge Vernon S. Broderick: Telephone Conference held on 11/18/2020. (Court Reporter Rose Prater) (msa)
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Filing 20
CERTIFICATE OF SERVICE of Notice of Motion to Compel Arbitration and Stay This Action, Defendants Memorandum of Law in Opposition to Plaintiffs Application for a Temporary Restraining Order and in Support of Defendants Motion to Compel Arbitration and for a Stay of Proceedings, and supporting exhibits, Declaration of Patrick G. Brady with supporting exhibits, Declaration of Andrew GraBois with supporting exhibits and Declaration of Katie Weitzman with supporting exhibits served on Jeffrey Weinberger on November 17, 2020. Service was made by via email. Document filed by Pepsi-Cola Bottling Company Of New York, Inc...(Brady, Patrick)
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Filing 19
MEMORANDUM OF LAW in Support re: #15 MOTION to Compel Arbitration . . Document filed by Pepsi-Cola Bottling Company Of New York, Inc...(Brady, Patrick)
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Filing 18
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR (SEE #21) DECLARATION of Andrew Brabois in Support re: #15 MOTION to Compel Arbitration .. Document filed by Pepsi-Cola Bottling Company Of New York, Inc.. (Attachments: #1 Exhibit 1 - February 2, 1999 Distributor Agreement, #2 Exhibit 2 - March 19, 2002 Agreement, #3 Exhibit 3 - February 4, 2008 Agreement, #4 Exhibit 4 - May 31, 2019 Termination Notice, #5 Exhibit 5 - August 14, 2020 Letter to Brook Beverage, #6 Exhibit 6 - September 8, 2020 Letter to Brook Beverage, #7 Exhibit 7 - October 6, 2020 Letter to Brook Beverage).(Brady, Patrick) Modified on 11/18/2020 (kj).
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Filing 17
DECLARATION of Katie P. Weitzman in Support re: #15 MOTION to Compel Arbitration .. Document filed by Pepsi-Cola Bottling Company Of New York, Inc.. (Attachments: #1 Exhibit 1 - Nov. 5, 2020 Email to applicant with pro forma template).(Brady, Patrick)
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Filing 16
DECLARATION of Patrick G. Brady in Support re: #15 MOTION to Compel Arbitration .. Document filed by Pepsi-Cola Bottling Company Of New York, Inc.. (Attachments: #1 Exhibit A - Nov. 25, 2019 Decision and Order in Prior State Court Action, #2 Exhibit B - Proposed OTSC in Prior State Court Action, #3 Exhibit C - Verified Complaint in Prior State Court Action, #4 Exhibit D - Affidavit of Danny Darretta, #5 Exhibit E - Excerpts from June 28, 2019 Oral Argument Transcript in Prior State Court Action, #6 Exhibit F - June 28, 2019 TRO in Prior State Court Action, #7 Exhibit G - Notice of Cross-Motion to Compel Arbitration in Prior State Court Action, #8 Exhibit H - November 6, 2020 Letter to Jeffrey Weinberger, Esq.).(Brady, Patrick)
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Filing 15
MOTION to Compel Arbitration . Document filed by Pepsi-Cola Bottling Company Of New York, Inc...(Brady, Patrick)
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Filing 14
ORDER TO SHOW CAUSE: Accordingly, it is hereby: ORDERED that Defendant is directed to file any brief in opposition to the temporary restraining order on or before November 17, 2020. IT IS FURTHER ORDERED that the parties are directed to appear for a telephonic conference relating to the application for a temporary restraining order on November 18, 2020 at 10:00 AM. The dial-in information for that conference is 888-363-4749, and the access code is 2682448. SO ORDERED. (Telephone Conference set for 11/18/2020 at 10:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 11/13/2020) (rro)
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Filing 13
DECLARATION of Vincent Eliseo in support of Application for Temporary Restraining Order. Document filed by Brook Beverage, Inc.. (Attachments: #1 Exhibit Exhibit A - [V. Eliseo Moving Affidavit from TRO application in action removed to federal court, with exhibits]).(Weinberger, Jeffrey)
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Filing 12
MEMORANDUM OF LAW in support of Application for Temporary Restraining Order. Document filed by Brook Beverage, Inc...(Weinberger, Jeffrey)
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Filing 11
DECLARATION of Jeffrey H. Weinberger in Support. Document filed by Brook Beverage, Inc.. (Attachments: #1 Exhibit Exhibit A).(Weinberger, Jeffrey)
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Filing 10
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Brook Beverage, Inc...(Weinberger, Jeffrey) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 9
DECLARATION of Jeffrey H. Weinberger in Support re: #7 FIRST MOTION to Remand to State Court Notice of Motion.. Document filed by Brook Beverage, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Errata Exhibit E, #6 Exhibit Exhibit F).(Weinberger, Jeffrey)
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Filing 8
MEMORANDUM OF LAW in Support re: #7 FIRST MOTION to Remand to State Court Notice of Motion. . Document filed by Brook Beverage, Inc...(Weinberger, Jeffrey)
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Filing 7
FIRST MOTION to Remand to State Court Notice of Motion. Document filed by Brook Beverage, Inc.. Return Date set for 12/14/2020 at 10:00 AM..(Weinberger, Jeffrey)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #10 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (dt)
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Filing 6
NOTICE OF APPEARANCE by Steven Cohn on behalf of Brook Beverage, Inc...(Cohn, Steven)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brook Beverage, Inc...(Weinberger, Jeffrey)
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Filing 4
NOTICE OF APPEARANCE by Jeffrey Howard Weinberger on behalf of Brook Beverage, Inc...(Weinberger, Jeffrey)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Patrick G. Brady. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding); County code New York;. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court); the County code has been modified to XX Out of State;. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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)
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Case Designated ECF. (jgo)
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Magistrate Judge James L. Cott 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)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pepsi-Cola Bottling Company Of New York, Inc...(Brady, Patrick)
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Filing 2
CIVIL COVER SHEET filed..(Brady, Patrick)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of Nassau. Case Number: 612398/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-22450140).Document filed by Pepsi-Cola Bottling Company Of New York, Inc.. (Attachments: #1 Exhibit A - Summons and Verified Complaint, with exhibits).(Brady, Patrick)
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| Search for this case: Brook Beverage, Inc. v. Pepsi-Cola Bottling Company Of New York, Inc. | |
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| Plaintiff: Brook Beverage, Inc. | |
| Represented By: | Jeffrey Howard Weinberger |
| Represented By: | Steven Cohn |
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| Defendant: Pepsi-Cola Bottling Company Of New York, Inc. | |
| Represented By: | Patrick G. Brady |
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