Chris John Beverage Corp. et al v. Pepsi-Cola Bottling Company of New York, Inc.
| Chris John Beverage Corp. and Christopher Chapman |
| Pepsi-Cola Bottling Company of New York, Inc. |
| 1:2021cv06233 |
| July 21, 2021 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Contract: Other |
| 28 U.S.C. § 1441 nr |
| None |
Docket Report
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| Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 8/5/2021 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....(Moya, Goretti) |
| Filing 24 TRANSCRIPT of Proceedings re: argument held on 8/5/2021 before Judge John G. Koeltl. Court Reporter/Transcriber: Alena Lynch, (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 10/8/2021. Redacted Transcript Deadline set for 10/18/2021. Release of Transcript Restriction set for 12/16/2021..(Moya, Goretti) |
| Filing 23 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/23/21 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....(Moya, Goretti) |
| Filing 22 TRANSCRIPT of Proceedings re: conference held on 7/23/2021 before Judge John G. Koeltl. Court Reporter/Transcriber: Khristine Sellin, (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 9/9/2021. Redacted Transcript Deadline set for 9/20/2021. Release of Transcript Restriction set for 11/17/2021..(Moya, Goretti) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 8/5/2021. (Fletcher, Donnie) |
Filing 21
ORDER: For the reasons stated on the record during the conference held on August 5, 2021, the plaintiffs' application for a preliminary injunction is granted. The defendant is enjoined and restrained from: provisions as further set forth in this order. This preliminary injunction will expire ten days after a decision by the arbitrator resolving the parties' dispute. Also for the reasons stated on the record during the conference held on August 5, 2021, the defendant's motion to compel arbitration is granted. This action is stayed pending a decision by the arbitrator. The parties should advise the Court of the status of the case within seven days after the decision of the arbitrator. So Ordered. Motions terminated: #10 MOTION to Compel Arbitration and Stay this Action. filed by Pepsi-Cola Bottling Company of New York, Inc. (Signed by Judge John G. Koeltl on 8/5/2021) (js)
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Filing 20
ORDER: As stated during the teleconference on July 23, 2021, the order to show cause for a preliminary injunction is returnable on August 5, 2021 at 2:30 p.m. The parties are directed to appear by teleconference at that time using the dial in 888-363-4749, code 8140049. SO ORDERED. (Telephone Conference set for 8/5/2021 at 02:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 8/3/2021) (ate)
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| Filing 19 REPLY MEMORANDUM OF LAW in Support re: #10 MOTION to Compel Arbitration and Stay this Action. . Document filed by Pepsi-Cola Bottling Company of New York, Inc...(Brady, Patrick) |
| Filing 18 RESPONSE to Motion re: #10 MOTION to Compel Arbitration and Stay this Action. . Document filed by Christopher Chapman, Chris John Beverage Corp...(Tucker, Clifford) |
| Filing 17 DECLARATION of Andrew GraBois in Support re: #10 MOTION to Compel Arbitration and Stay this Action.. Document filed by Pepsi-Cola Bottling Company of New York, Inc.. (Attachments: #1 Exhibit 1 - fully executed cover page and three agreements, #2 Exhibit 2 - March 2002 Agreement and Schedule, #3 Exhibit 3 - Schedule "A", #4 Exhibit 4 - February 2008 Agreement, #5 Exhibit 5 - June 21, 2021 Notice of Termination, #6 Exhibit 6 - Annual Distributor Certification for 2020).(Brady, Patrick) |
| Filing 16 AFFIDAVIT of Alfredo Arce in Support re: #10 MOTION to Compel Arbitration and Stay this Action.. Document filed by Pepsi-Cola Bottling Company of New York, Inc.. (Attachments: #1 Exhibit A - June 20, 2021 Text Message).(Brady, Patrick) |
| Filing 15 AFFIDAVIT of Priyadeep Roy in Support re: #10 MOTION to Compel Arbitration and Stay this Action.. Document filed by Pepsi-Cola Bottling Company of New York, Inc.. (Attachments: #1 Exhibit 1 - Damage Form).(Brady, Patrick) |
| Filing 14 AFFIDAVIT of Ira Cotler in Support re: #10 MOTION to Compel Arbitration and Stay this Action.. Document filed by Pepsi-Cola Bottling Company of New York, Inc...(Brady, Patrick) |
| Filing 13 AFFIDAVIT of Cecilio Mendez in Support re: #10 MOTION to Compel Arbitration and Stay this Action.. Document filed by Pepsi-Cola Bottling Company of New York, Inc...(Brady, Patrick) |
| Filing 12 DECLARATION of Patrick G. Brady in Support re: #10 MOTION to Compel Arbitration and Stay this Action.. Document filed by Pepsi-Cola Bottling Company of New York, Inc.. (Attachments: #1 Exhibit A - Decision and Order, dated November 25, 2019, #2 Exhibit B - Amended Decision and Order dated February 21, 2020).(Brady, Patrick) |
| Filing 11 MEMORANDUM OF LAW in Support re: #10 MOTION to Compel Arbitration and Stay this Action. . Document filed by Pepsi-Cola Bottling Company of New York, Inc...(Brady, Patrick) |
| Filing 10 MOTION to Compel Arbitration and Stay this Action. Document filed by Pepsi-Cola Bottling Company of New York, Inc...(Brady, Patrick) |
| Filing 9 MEMORANDUM OF LAW in Opposition re: #6 MOTION for Conference re: Request an emergency phone conference at the Courts earliest convenience to address Plaintiffs Order to Show Cause seeking a Temporary Restraining Order and Preliminary Injunction. Dkt. No. 1 and Exhibit A.. . Document filed by Pepsi-Cola Bottling Company of New York, Inc...(Brady, Patrick) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 7/23/2021. (Fletcher, Donnie) |
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Filing 8
TEMPORARY RESTRAINING ORDER: For the reasons stated on the record during the conference held on July 23, 2021, the plaintiffs' application for a temporary restraining order is granted. The defendant is enjoined and restrained from: As set forth herein. This temporary restraining order will expire on August 6,2021. As to a preliminary injunction, the defendant should respond to the current papers by July 28, 2021, including any motion to compel arbitration. The plaintiffs' reply on the preliminary injunction and the response on the motion to compel is due July 30, 2021, and the defendant's reply on the motion to compel is due is due August 2, 2021. SO ORDERED., ( Motions due by 7/28/2021., Responses due by 7/30/2021, Replies due by 8/2/2021.) (Signed by Judge John G. Koeltl on 7/23/2021) (ama)
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| Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference on Document 6 set for 7/23/2021 at 03:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 7 NOTICE OF APPEARANCE by Zachary Scott Kaplan on behalf of Christopher Chapman, Chris John Beverage Corp...(Kaplan, Zachary) |
| Filing 6 MOTION for Conference re: Request an emergency phone conference at the Courts earliest convenience to address Plaintiffs Order to Show Cause seeking a Temporary Restraining Order and Preliminary Injunction. Dkt. No. 1 and Exhibit A.. Document filed by Christopher Chapman, Chris John Beverage Corp.. Return Date set for 7/22/2021 at 02:00 PM..(Tucker, Clifford) |
| Filing 5 NOTICE OF APPEARANCE by Clifford Ryan Tucker on behalf of Christopher Chapman, Chris John Beverage Corp...(Tucker, Clifford) |
| Filing 4 NOTICE OF APPEARANCE by Patricia Rose Lynch on behalf of Christopher Chapman, Chris John Beverage Corp...(Lynch, Patricia) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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..(vf) |
| Magistrate Judge Gabriel W. Gorenstein 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pepsi-Cola Bottling Company of New York, Inc...(Brady, Patrick) |
| Filing 2 CIVIL COVER SHEET filed..(Brady, Patrick) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 809899/2021E. (Filing Fee $ 402.00, Receipt Number ANYSDC-24825290).Document filed by Pepsi-Cola Bottling Company of New York, Inc.. (Attachments: #1 Exhibit A - Summons with Notice and Supporting Papers).(Brady, Patrick) |
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