Gerber Finance, Inc. v. Volume Snacks Inc. et al
Plaintiff: Gerber Finance, Inc.
Defendant: Tracy Freeman, Denise O'Brien, Volume Snacks Inc. and Tracey Freeman
Case Number: 1:2021cv00507
Filed: January 20, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Jed S Rakoff
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 16, 2021 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/16/2021, ( Final Pretrial Conference set for 8/11/2021 at 11:00 AM before Judge Jed S. Rakoff.). (Kotowski, Linda)
March 15, 2021 Filing 21 ANSWER to #1 Complaint,., COUNTERCLAIM against Gerber Finance, Inc.. Document filed by Denise O'Brien, Tracey Freeman, Volume Snacks Inc...(Bonuchi, Anthony)
March 15, 2021 NOTICE of Hearing: Initial Telephonic Conference set for 3/16/2021 at 11:15 AM before Judge Jed S. Rakoff. The public may listen by dialing 888-363-4735 USA toll free, 215-446-3657 international caller paid, access code 1086415..(Kotowski, Linda)
March 12, 2021 Filing 20 MOTION for Anthony W. Bonuchi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24243206. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tracey Freeman, Denise O'Brien, Volume Snacks Inc.. (Attachments: #1 Affidavit Bonuchi, #2 Exhibit Cert of Good Standing, #3 Text of Proposed Order Proposed Order).(Bonuchi, Anthony)
March 12, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Anthony W. Bonuchi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24243206. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 5, 2021 Filing 19 NOTICE OF APPEARANCE by Martin David Edel on behalf of Tracey Freeman, Denise O'Brien, Volume Snacks Inc...(Edel, Martin)
March 5, 2021 Filing 18 NOTICE OF APPEARANCE by Martin David Edel on behalf of Tracey Freeman, Denise O'Brien, Volume Snacks Inc...(Edel, Martin)
March 5, 2021 Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Volume Snacks Inc...(Sukholitsky, Isabel)
March 5, 2021 Filing 16 NOTICE OF APPEARANCE by Isabel Polly Sukholitsky on behalf of Tracey Freeman, Denise O'Brien, Volume Snacks Inc...(Sukholitsky, Isabel)
February 26, 2021 Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by Gerber Finance, Inc...(Weingarten, Noah)
February 25, 2021 Filing 14 DECLARATION of Noah Weingarten re: #1 Complaint, #11 Summons Issued, #9 Summons Issued, #8 Summons Issued - Service of Summons and Complaint. Document filed by Gerber Finance, Inc...(Weingarten, Noah)
February 5, 2021 Filing 13 NOTICE OF COURT CONFERENCE: DATE AND PLACE OF CONFERENCE: 2-22-2021, ON A TELECONFERENCE LINE AT 11:00am. The dial-in information for the call will be as follows: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415. Initial Conference set for 2/22/2021 at 11:00 AM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 2/5/2021) (va)
February 3, 2021 Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent GFH Corp., Corporate Parent eCapital Corp., Corporate Parent eCapital Finance Corp. for Gerber Finance, Inc.. Document filed by Gerber Finance, Inc...(Rubinstein, Vadim)
February 3, 2021 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Vadim J Rubinstein to RE-FILE Document #6 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Not All Corporate Parents/Other affiliates were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi)
January 22, 2021 Filing 11 ELECTRONIC SUMMONS ISSUED as to Tracey Freeman..(dnh)
January 21, 2021 Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Tracey Freeman, re: #1 Complaint,. Document filed by Gerber Finance, Inc...(Rubinstein, Vadim)
January 21, 2021 Filing 9 ELECTRONIC SUMMONS ISSUED as to Denise O'Brien. (sj)
January 21, 2021 Filing 8 ELECTRONIC SUMMONS ISSUED as to Volume Snacks Inc.. (sj)
January 21, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Vadim J Rubinstein. The party information for the following party/parties has been modified: Tracey Freeman. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj)
January 21, 2021 Magistrate Judge Robert W. Lehrburger 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. (sj)
January 21, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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..(sj)
January 21, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Vadim J Rubinstein to RE-FILE Document No. #4 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 error in "TO" field. 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. (sj)
January 21, 2021 Case Designated ECF. (sj)
January 20, 2021 Filing 7 NOTICE OF APPEARANCE by Noah Weingarten on behalf of Gerber Finance, Inc...(Weingarten, Noah)
January 20, 2021 Filing 6 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent eCapital Corp. for Gerber Finance, Inc.. Document filed by Gerber Finance, Inc...(Rubinstein, Vadim) Modified on 2/3/2021 (ldi).
January 20, 2021 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Denise O'Brien, re: #1 Complaint,. Document filed by Gerber Finance, Inc...(Rubinstein, Vadim)
January 20, 2021 Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Tracy Freeman, re: #1 Complaint. Document filed by Gerber Finance, Inc..(Rubinstein, Vadim) Modified on 1/21/2021 (sj).
January 20, 2021 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Volume Snacks Inc., re: #1 Complaint,. Document filed by Gerber Finance, Inc...(Rubinstein, Vadim)
January 20, 2021 Filing 2 CIVIL COVER SHEET filed..(Rubinstein, Vadim)
January 20, 2021 Filing 1 COMPLAINT against Tracy Freeman, Denise O'Brien, Volume Snacks Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-23605162)Document filed by Gerber Finance, Inc.. (Attachments: #1 Exhibit A - Loan Agreement, #2 Exhibit B - Note, #3 Exhibit C - Freeman Guaranty, #4 Exhibit D - O'Brien Guaranty, #5 Exhibit E - First Forbearance Agreement, #6 Exhibit F - Second Forbearance Agreement, #7 Exhibit G - Third Forbearance Agreement).(Rubinstein, Vadim)

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Defendant: Tracy Freeman
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Defendant: Denise O'Brien
Represented By: Anthony Bonuchi
Represented By: Isabel Polly Sukholitsky
Represented By: Martin David Edel
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Defendant: Volume Snacks Inc.
Represented By: Anthony Bonuchi
Represented By: Isabel Polly Sukholitsky
Represented By: Martin David Edel
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Defendant: Tracey Freeman
Represented By: Anthony Bonuchi
Represented By: Isabel Polly Sukholitsky
Represented By: Martin David Edel
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Plaintiff: Gerber Finance, Inc.
Represented By: Vadim J Rubinstein
Represented By: Noah Weingarten
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