Business Exposure Reduction Group (BERG) Associates, LLC v. Pershing Square Capital Management, L.P.
Plaintiff: Business Exposure Reduction Group (BERG) Associates, LLC
Defendant: Pershing Square Capital Management, L.P.
Case Number: 1:2020cv10053
Filed: December 1, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Paul A Engelmayer
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 bc
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 15, 2021 Opinion or Order Filing 55 MEMORANDUM OF LAW in Support re: #53 MOTION to Dismiss the Amended Complaint. . Document filed by Pershing Square Capital Management, L.P...(Coffey, John)
January 15, 2021 Opinion or Order Filing 54 DECLARATION of John P. Coffey in Support re: #53 MOTION to Dismiss the Amended Complaint.. Document filed by Pershing Square Capital Management, L.P.. (Attachments: #1 Exhibit A - Agreement Draft No. 1, #2 Exhibit B - Agreement Draft No. 2, #3 Exhibit C - Executed Agreement, #4 Exhibit D - HLF Stock Prices, #5 Exhibit E - Forbes Article, #6 Exhibit F - CNN Money Article, #7 Exhibit G - Amended Complaint).(Coffey, John)
January 15, 2021 Opinion or Order Filing 53 MOTION to Dismiss the Amended Complaint. Document filed by Pershing Square Capital Management, L.P...(Coffey, John)
December 31, 2020 Opinion or Order Filing 52 AMENDED COMPLAINT amending #3 Complaint against Pershing Square Capital Management, L.P..Document filed by Business Exposure Reduction Group (BERG) Associates, LLC. Related document: #3 Complaint..(Powhida, Alexander)
December 23, 2020 Opinion or Order Filing 51 MEMO ENDORSEMENT on re: #50 Declaration filed by Pershing Square Capital Management, L.P. ENDORSEMENT: The Court thanks counsel for both parties for their prompt resolution of this issue. (Signed by Judge Paul A. Engelmayer on 12/23/2020) (jwh)
December 22, 2020 Opinion or Order Filing 50 DECLARATION of John P. Coffey . Document filed by Pershing Square Capital Management, L.P...(Coffey, John)
December 22, 2020 Opinion or Order Filing 49 LETTER addressed to Judge Paul A. Engelmayer from Alexander Powhida dated December 22, 2020 re: Plaintiff and Member Domicile Information. Document filed by Business Exposure Reduction Group (BERG) Associates, LLC..(Powhida, Alexander)
December 18, 2020 Opinion or Order Filing 48 ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint, for which the Court hereby grants leave, by December 31, 2020. No further opportunities to amend will ordinarily be granted. By January 15, 2021, defendant shall: (1) file an answer; or (2) file a new motion to dismiss. If defendant moves to dismiss, plaintiff's opposition will be due by February 12, 2021. Defendant's reply, if any, will be due by February 26, 2021. The Court has confirmed with counsel that this schedule is convenient for all. At the time any reply is served, the moving party shall supply the Court with a courtesy copy of all motion papers by attaching them as PDF files to a single email addressed to EngelmayerNYSDChambers@nysd.uscourts.gov. The Court will determine later, after receipt of plaintiff's anticipated brief opposing a motion to dismiss the current or amended complaint, whether to schedule oral argument. (Amended Pleadings due by 12/31/2020. Motions due by 1/15/2021. Responses due by 2/12/2021. Replies due by 2/26/2021.) (Signed by Judge Paul A. Engelmayer on 12/18/2020) (jwh)
December 16, 2020 Opinion or Order Filing 47 PROPOSED CASE MANAGEMENT PLAN. Document filed by Business Exposure Reduction Group (BERG) Associates, LLC..(Powhida, Alexander)
December 16, 2020 Opinion or Order Filing 46 JOINT LETTER addressed to Judge Paul A. Engelmayer from Alexander Powhida dated December 16, 2020 re: Joint Pre-Trial Conference Letter. Document filed by Business Exposure Reduction Group (BERG) Associates, LLC..(Powhida, Alexander)
December 16, 2020 Opinion or Order Filing 45 MEMO ENDORSEMENT on NOTICE OF MOTION AND MOTION TO WITHDRAW AS COUNSEL: granting #43 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. SO ORDERED. Attorney Thomas Joseph Scannell terminated. (Signed by Judge Paul A. Engelmayer on 12/16/2020) (ama)
December 16, 2020 Opinion or Order Filing 44 ORDER FOR ADMISSION PRO HAC VICE: granting #42 Motion for Brian R. Della Rocca to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 12/16/2020) (ama)
December 16, 2020 Opinion or Order Filing 43 MOTION for Thomas J. Scannell to Withdraw as Attorney for Plaintiff. Document filed by Business Exposure Reduction Group (BERG) Associates, LLC..(Scannell, Thomas)
December 15, 2020 Opinion or Order Filing 42 MOTION for Brian R. Della Rocca to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-23042926. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Business Exposure Reduction Group (BERG) Associates, LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit Affidavit in Support, #3 Text of Proposed Order Proposed Order - Pro Hac Vice).(Della Rocca, Brian)
December 15, 2020 Opinion or Order Filing 41 NOTICE OF APPEARANCE by Alexander Powhida on behalf of Business Exposure Reduction Group (BERG) Associates, LLC..(Powhida, Alexander)
December 15, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #42 MOTION for Brian R. Della Rocca to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-23042926. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
December 14, 2020 Opinion or Order Filing 40 NOTICE OF APPEARANCE by John Patrick Coffey on behalf of Pershing Square Capital Management, L.P...(Coffey, John)
December 14, 2020 Opinion or Order Filing 39 NOTICE OF APPEARANCE by John Patrick Coffey on behalf of Pershing Square Capital Management, L.P...(Coffey, John)
December 10, 2020 Opinion or Order Filing 38 MEMO ENDORSEMENT on re: #36 Letter. ENDORSEMENT: The Court will take up the schedule for defendant's contemplated motion to dismiss at the initial pretrial conference on December 18, 2020. Counsel who no longer wish to be designated pro hac vice should file new notices of appearance on the docket. At that point, the Clerk of Court is respectfully directed to remove the pro hac vice designation for attorneys admitted to practice in this District. (Signed by Judge Paul A. Engelmayer on 12/10/2020) (jwh)
December 9, 2020 Opinion or Order Filing 37 PROPOSED STIPULATION AND ORDER. Document filed by Pershing Square Capital Management, L.P...(Coffey, John)
December 9, 2020 Opinion or Order Filing 36 JOINT LETTER addressed to Judge Paul A. Engelmayer from John P. Coffey dated December 9, 2020 Document filed by Pershing Square Capital Management, L.P...(Coffey, John)
December 9, 2020 Opinion or Order Filing 35 MEMO ENDORSEMENT granting #32 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. (Attorney Christopher Thomas Brown and Christopher Thomas Brown terminated.) (Signed by Judge Paul A. Engelmayer on 12/9/2020) (jwh)
December 9, 2020 Opinion or Order Filing 34 MEMO ENDORSED ORDER granting #33 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. So Ordered. (Attorney Peter L. Welsh terminated.) (Signed by Judge Paul A. Engelmayer on 12/9/20) (yv)
December 8, 2020 Opinion or Order Filing 33 MOTION for Peter L. Welsh to Withdraw as Attorney . Document filed by Pershing Square Capital Management, L.P...(Welsh, Peter)
December 8, 2020 Opinion or Order Filing 32 MOTION for C. Thomas Brown to Withdraw as Attorney . Document filed by Pershing Square Capital Management, L.P...(Brown, Christopher)
December 2, 2020 Opinion or Order Filing 31 NOTICE OF INITIAL PRETRIAL CONFERENCE: An initial pretrial conference is hereby scheduled for December 18, 2020 at 1:30 p.m. This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. (As further set forth in this Order.) Initial Conference set for 12/18/2020 at 01:30 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 12/2/2020) (cf)
December 1, 2020 Opinion or Order Filing 30 CASE TRANSFERRED IN from the United States District Court - District of Massachusetts; Case Number: 4:19-cv-40156. Original file certified copy of transfer order and docket entries received. (sjo)
December 1, 2020 Opinion or Order 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. (sjo)
December 1, 2020 Opinion or Order Case Designated ECF. (sjo)
December 1, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul A. Engelmayer. 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. (sjo)
December 1, 2020 Opinion or Order NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
November 30, 2020 Opinion or Order Filing 29 Magistrate Judge David H. Hennessy: ENDORSED ORDER entered re #16 Motion to Dismiss, resolving the 12(b)(2) motion by ordering the case be transferred to the Southern District of New York, and dismissing the 12(b)(6) motion as moot. (Lovett, Jarrett) [Transferred from Massachusetts on 12/1/2020.]
November 24, 2020 Opinion or Order Filing 28 Electronic Clerk's Notes for proceedings held before Magistrate Judge David H. Hennessy: Motion Hearing held on 11/24/2020 re #16 MOTION to Dismiss filed by Pershing Square Capital Management, L.P.. Case called. Parties argue the motion. Judge asks the parties to also consider mediation. Counsel Scannell will be emailing Courtroom Deputy a legal citation. (Court Reporter: Lee Marzilli at leemarz@aol.com.)(Attorneys present: Scannell; Welsh, Moff, Coffey) (King, Dawn) [Transferred from Massachusetts on 12/1/2020.]
November 18, 2020 Opinion or Order Filing 27 ELECTRONIC NOTICE Setting Hearing on Motion #16 MOTION to Dismiss : Motion Hearing set for 11/24/2020 at 10:00 AM in Remote Proceeding : Worcester before Magistrate Judge David H. Hennessy. *The parties should be prepared to address why the case should not be transferred to the Southern District of New York. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Modified on 11/22/2020 to correct date (King, Dawn). [Transferred from Massachusetts on 12/1/2020.]
July 13, 2020 Opinion or Order Filing 26 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered denying #25 Motion for Hearing Status/Scheduling Conference by Business Exposure Reduction Group. (King, Dawn) [Transferred from Massachusetts on 12/1/2020.]
July 10, 2020 Opinion or Order Filing 25 MOTION for Hearing Status/Scheduling Conference by Business Exposure Reduction Group (BERG) Associates, LLC.(Scannell, Thomas) [Transferred from Massachusetts on 12/1/2020.]
March 6, 2020 Opinion or Order Filing 24 REPLY to Response to #16 MOTION to Dismiss filed by Pershing Square Capital Management, L.P.. (Coffey, John) [Transferred from Massachusetts on 12/1/2020.]
February 27, 2020 Opinion or Order Filing 23 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #21 MOTION for Leave to File a Reply in Support of Defendant's Motion to Dismiss (unopposed) ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (King, Dawn) [Transferred from Massachusetts on 12/1/2020.]
February 26, 2020 Opinion or Order Filing 22 CONSENT by all parties to Jurisdiction by US Magistrate Judge by Business Exposure Reduction Group (BERG) Associates, LLC.. (Scannell, Thomas) [Transferred from Massachusetts on 12/1/2020.]
February 26, 2020 Opinion or Order Filing 21 MOTION for Leave to File a Reply in Support of Defendant's Motion to Dismiss (unopposed) by Pershing Square Capital Management, L.P..(Coffey, John) [Transferred from Massachusetts on 12/1/2020.]
February 25, 2020 Opinion or Order Filing 20 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (King, Dawn) [Transferred from Massachusetts on 12/1/2020.]
February 24, 2020 Opinion or Order Filing 19 MEMORANDUM in Opposition re #16 MOTION to Dismiss filed by Business Exposure Reduction Group (BERG) Associates, LLC. (Attachments: #1 Affidavit of John F. Moynihan in Opposition to Motion to Dismiss, #2 Exhibit A through C to Affidavit)(Scannell, Thomas) [Transferred from Massachusetts on 12/1/2020.]
February 10, 2020 Opinion or Order Filing 18 DECLARATION re #16 MOTION to Dismiss by Pershing Square Capital Management, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Coffey, John) [Transferred from Massachusetts on 12/1/2020.]
February 10, 2020 Opinion or Order Filing 17 MEMORANDUM in Support re #16 MOTION to Dismiss filed by Pershing Square Capital Management, L.P.. (Coffey, John) [Transferred from Massachusetts on 12/1/2020.]
February 10, 2020 Opinion or Order Filing 16 MOTION to Dismiss by Pershing Square Capital Management, L.P..(Coffey, John) [Transferred from Massachusetts on 12/1/2020.]
January 29, 2020 Opinion or Order Filing 15 WAIVER OF SERVICE Returned Executed by Business Exposure Reduction Group (BERG) Associates, LLC. Pershing Square Capital Management, L.P. waiver sent on 12/12/2019, answer due 2/10/2020. (Jones, Sherry) [Transferred from Massachusetts on 12/1/2020.]
January 29, 2020 Opinion or Order Filing 14 STIPULATION to UNSEAL CASE by Business Exposure Reduction Group (BERG) Associates, LLC, Pershing Square Capital Management, L.P.. (Jones, Sherry) [Transferred from Massachusetts on 12/1/2020.]
January 28, 2020 Opinion or Order Filing 13 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #10 Motion for Leave to Appear Pro Hac Vice; Added Jason M. Moff. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (King, Dawn) [Transferred from Massachusetts on 12/1/2020.]
January 28, 2020 Opinion or Order Filing 12 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #9 Motion for Leave to Appear Pro Hac Vice; Added John P. Coffey. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (King, Dawn) [Transferred from Massachusetts on 12/1/2020.]
January 28, 2020 Opinion or Order Filing 11 Filing fee/payment: $ 200, receipt number WOR001907 for #9 MOTION for Leave to Appear Pro Hac Vice for admission of John P. Coffey, #10 MOTION for Leave to Appear Pro Hac Vice for admission of Jason M. Moff. (Burgos, Sandra) [Transferred from Massachusetts on 12/1/2020.]
January 28, 2020 Opinion or Order Filing 10 MOTION for Leave to Appear Pro Hac Vice for admission of Jason M. Moff by Pershing Square Capital Management, L.P.. (Attachments: #1 Certification of Jason M. Moff)(Burgos, Sandra) [Transferred from Massachusetts on 12/1/2020.]
January 28, 2020 Opinion or Order Filing 9 MOTION for Leave to Appear Pro Hac Vice for admission of John P. Coffey by Pershing Square Capital Management, L.P.. (Attachments: #1 Certification of John P. Coffey)(Burgos, Sandra) [Transferred from Massachusetts on 12/1/2020.]
January 28, 2020 Opinion or Order Filing 8 NOTICE of Appearance by Peter L. Welsh on behalf of Pershing Square Capital Management, L.P. (Burgos, Sandra) [Transferred from Massachusetts on 12/1/2020.]
January 28, 2020 Opinion or Order Filing 7 NOTICE of Appearance by Christopher Thomas Brown on behalf of Pershing Square Capital Management, L.P. (Burgos, Sandra) [Transferred from Massachusetts on 12/1/2020.]
December 11, 2019 Opinion or Order Filing 6 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #2 Motion to Seal Case. (Jones, Sherry) [Transferred from Massachusetts on 12/1/2020.]
December 10, 2019 Opinion or Order Filing 5 Summons Issued as to Pershing Square Capital Management, L.P.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) [Transferred from Massachusetts on 12/1/2020.]
December 10, 2019 Opinion or Order Filing 4 Filing fee/payment: $ 400.00, receipt number WOR001878 for #3 Complaint. (Jones, Sherry) [Transferred from Massachusetts on 12/1/2020.]
December 10, 2019 Opinion or Order Filing 3 COMPLAINT against Pershing Square Capital Management, L.P., filed by Business Exposure Reduction Group (BERG) Associates, LLC. (Attachments: #1 civil cover and category sheet)(Jones, Sherry) [Transferred from Massachusetts on 12/1/2020.]
December 10, 2019 Opinion or Order Filing 2 MOTION to Seal Case by Business Exposure Reduction Group (BERG) Associates, LLC.(Jones, Sherry) [Transferred from Massachusetts on 12/1/2020.]
December 10, 2019 Opinion or Order Filing 1 NOTICE of Case Assignment. Magistrate Judge David H. Hennessy assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) [Transferred from Massachusetts on 12/1/2020.]

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Plaintiff: Business Exposure Reduction Group (BERG) Associates, LLC
Represented By: Thomas J. Scannell
Represented By: Alexander Powhida
Represented By: Brian R. Della Rocca
Represented By: Thomas Joseph Scannell
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Defendant: Pershing Square Capital Management, L.P.
Represented By: Jason M. Moff
Represented By: John P. Coffey
Represented By: Peter L. Welsh
Represented By: Christopher Thomas Brown
Represented By: John Patrick Coffey
Represented By: Jason Michael Moff
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