Nabe v. Jericho Wholesale LLC et al
| Rajan Nabe |
| 117 Morningside Ave Corp, Jericho Wholesale LLC and Bill Wolf Petroleum Corp. |
| 1:2020cv10784 |
| December 21, 2020 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Other Statutory Actions |
| 15 U.S.C. § 2805 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 11, 2021. A more recent docket listing may be available from PACER.
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Filing 26
ORDER granting #25 Motion for Extension of Time to File. Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 2/16/2021) (nb)
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| Filing 25 CONSENT MOTION for Extension of Time to File Status Report. Document filed by Rajan Nabe..(Morgan, John) |
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Filing 24
ORDER: All current deadlines are stayed. All current conferences or hearings are canceled sine die. The temporary restraining order remains in effect by agreement. The parties will file a status report no later than February 12, 2021. SO ORDERED. (Signed by Judge John G. Koeltl on 1/19/2021) (ks)
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| Filing 23 JOINT LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from Neil Torczyner dated January 18, 2021. Document filed by 117 Morningside Ave Corp, Bill Wolf Petroleum Corp., Jericho Wholesale LLC..(Torczyner, Neil) |
| Filing 22 LETTER RESPONSE in Opposition to Motion addressed to Judge John G. Koeltl from Neil Torczyner dated January 14, 2021 re: #19 MOTION for Discovery on an expedited basis. . Document filed by 117 Morningside Ave Corp, Bill Wolf Petroleum Corp., Jericho Wholesale LLC..(Torczyner, Neil) |
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Filing 21
ORDER granting #20 Letter Motion to Continue. The conference is adjourned until Tuesday, January 19, 2021 at 4:00 p.m. SO ORDERED. (Signed by Judge John G. Koeltl on 1/14/2021) Status Conference set for 1/19/2021 at 04:00 PM before Judge John G. Koeltl. (ks)
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| Filing 20 LETTER MOTION to Continue conference call addressed to Judge John G. Koeltl from John J. Morgan dated 01/14/2021. Document filed by Rajan Nabe..(Morgan, John) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference adjourned to 1/19/2021 at 04:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference set for 1/15/2021 at 10:30 AM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 19 MOTION for Discovery on an expedited basis. Document filed by Rajan Nabe..(Morgan, John) |
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Filing 18
ORDER: The Court will treat the current papers from the plaintiff as an application for a preliminary injunction. Opposition papers are due January 19, 2021. Reply papers are due February 2, 2021. The Court will hold a telephone hearing on February 24, 2021 at 2:30 p.m. Dial-in: 888 363-4749, with access code 8140049. The current Temporary Restraining Order is continued on consent until further Order of the Court. SO ORDERED. (Signed by Judge John G. Koeltl on 1/7/2021) ( Responses due by 1/19/2021, Replies due by 2/2/2021., Telephone Conference set for 2/24/2021 at 02:30 PM before Judge John G. Koeltl.) (ks)
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| Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument set for 2/24/2021 at 02:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 17 PROPOSED SCHEDULING ORDER. Document filed by 117 Morningside Ave Corp, Bill Wolf Petroleum Corp., Jericho Wholesale LLC..(Torczyner, Neil) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to 117 Morningside Ave Corp, Bill Wolf Petroleum Corp., Jericho Wholesale LLC..(dnh) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Jericho Wholesale LLC, 117 Morningside Ave. Corp, Bill Wolf Petroleum Corp., re: #8 Complaint. Document filed by Rajan Nabe. (Attachments: #1 Rider to Summons).(Morgan, John) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John J. Morgan to RE-FILE Document No. #14 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summonses may only be linked to one pleading; link the summons to the pleading accepted by the court. 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. (dnh) |
| Filing 14 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to JERICHO WHOLESALE LLC, 117 MORNINGSIDE AVE. CORP. AND BILL WOLF PETROLEUM CORP., re: #3 Complaint, #8 Complaint. Document filed by Rajan Nabe. (Attachments: #1 Rider to Summons).(Morgan, John) Modified on 1/4/2021 (dnh). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John J. Morgan to RE-FILE Document No. #13 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name 'Bill Wolf Petroleum Corp.' contains a typographical error on the summons PDF. 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. (dnh) |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Jericho Wholesale LLC, 117 Morningside Ave. Corp and Bill Wolf Petroleum Corp., re: #8 Complaint. Document filed by Rajan Nabe. (Attachments: #1 Rider to Summons).(Morgan, John) Modified on 12/30/2020 (dnh). |
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Filing 12
ORDER: Based on the agreement of the parties, the Court enters this Temporary Restraining Order enjoining the defendants, until January 26, 2021, from terminating or failing to renew the current franchise agreement between the parties. No bond is required. The parties are directed to submit a Proposed Scheduling Order with respect to the plaintiff's motion for preliminary injunction. SO ORDERED. (Signed by Judge John G. Koeltl on 12/29/2020) (ks)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John J. Morgan to RE-FILE Document No. #11 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the 'as to' docket entry text, the PDF case caption and the attached rider does not match exactly as it appears on the pleading caption; all of the parties whom summons is for must be listed on the 'as to' docket entry text; put 'see attached rider' on the PDF 'To' section after the listed party;. 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) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing set for 12/29/2020 at 03:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. Plaintiff shall serve all papers, supporting the application for a Temporary restraining order, on all defendants, immediately upon receipt of this notice. (Fletcher, Donnie) |
| Filing 11 FILING ERROR - SUMMONS REQUEST PDF AND 'As To' ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Jericho Wholesale LLC, Bill Wolf Petroleum, Inc., and Jericho Wholesale, LLC, re: #8 Complaint. Document filed by Rajan Nabe. (Attachments: #1 Rider to Summons).(Morgan, John) Modified on 12/29/2020 (jgo). |
| Filing 10 NOTICE OF APPEARANCE by Jonathan D. Kraut on behalf of 117 Morningside Ave Corp, Bill Wolf Petroleum Corp., Jericho Wholesale LLC..(Kraut, Jonathan) |
| Filing 9 NOTICE OF APPEARANCE by Neil Stuart Torczyner on behalf of 117 Morningside Ave Corp, Bill Wolf Petroleum Corp., Jericho Wholesale LLC..(Torczyner, Neil) |
| Magistrate Judge Sarah Netburn is so redesignated. (ad) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John J. Morgan to RE-FILE Document No. #7 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Link the summons to the correctly filed complaint (document 8). 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. (pc) |
| NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Cathy Seibel is no longer assigned to the case. (ad) |
| Filing 8 COMPLAINT against 117 Morningside Ave Corp, Bill Wolf Petroleum Corp., Jericho Wholesale LLC. Document filed by Rajan Nabe. (Attachments: #1 Exhibit Notice of Termination).(Morgan, John) |
| Filing 7 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Rajan Nabe, re: #3 Complaint,. Document filed by Rajan Nabe. (Attachments: #1 Rider).(Morgan, John) Modified on 12/28/2020 (pc). |
| Filing 6 CIVIL COVER SHEET filed..(Morgan, John) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John J. Morgan to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Create one summons form and use a rider to list each party and their addresses; do not attach multiple summons forms as attachments. 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John J. Morgan to RE-FILE Document No. #3 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney John J. Morgan to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): Do not fill out the citizenship of principal parties if Federal Question Basis of Jurisdiction is selected. Civil cover sheet was not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John J. Morgan. The following case opening statistical information was erroneously selected/entered: Dollar Demand $750,000,000; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the Fee Status code has been modified to pd (paid);. (pc) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #3 Complaint. Filing fee $ 402.00. Pay.gov receipt number ANYSDC-23134819, paid on 12/21/2020..(pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Judith C. McCarthy 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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..(pc) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Rajan Nabe, re: #3 Complaint. Document filed by Rajan Nabe. (Attachments: #1 Proposed Summons, #2 Proposed Summons).(Morgan, John) Modified on 12/23/2020 (pc). |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Morgan, John) Modified on 12/23/2020 (pc). |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. Document filed by Rajan Nabe. (Attachments: #1 Exhibit A-Notices of Termination).(Morgan, John) Modified on 12/23/2020 (pc). |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney John J. Morgan to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 12/28/2020. (pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney John J. Morgan. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| Filing 2 AFFIDAVIT of Rajan Nabe in Support re: #1 MOTION for Preliminary Injunction Order To Show Cause and Request For Expedited Hearing.. Document filed by Rajan Nabe. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8).(Morgan, John) |
| Filing 1 MOTION for Preliminary Injunction Order To Show Cause and Request For Expedited Hearing. Document filed by Rajan Nabe. (Attachments: #1 Memorandum in support, #2 Text of Proposed Order proposed summons re: injunction, #3 Temporary Injunction, #4 Order to Show Cause, #5 Order of Service).(Morgan, John) |
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