Saccani Distributing Co. v. Clean Cause, Inc.
| Saccani Distributing Company |
| Clean Cause, Inc. |
| 1:2021cv07942 |
| September 23, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E Caproni |
| Contract: Other |
| 28 U.S.C. § 1441 oc |
| Defendant |
Docket Report
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This docket was last retrieved on June 29, 2022. A more recent docket listing may be available from PACER.
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Filing 33
STIPULATION DISMISSING THE SECOND CAUSE OF ACTION; CONSENT TO AMEND COMPLAINT; AND EXTENDING TIME TO FOR DEFENDANT TO RESPOND: IT IS HEREBY STIPULATED AND AGREED, by the undersigned counsel of record for plaintiff Saccani Distributing Company ("Saccani") and defendant Clean Cause, Inc. ("Clean Cause"), and ordered by this Court, as follows: 1. Saccanni has agreed to dismiss its Second Cause of Action against Clean Cause for Breach of Duty of Duty of Good Faith and Fair Dealing related to the Contract at issue in this action (the "Second Cause of Action"). 2. Pursuant to Fed. R. Civ. P. 15(a)(2), Clean Cause consents to Saccani filing an amended complaint within 14 days from the date the Court So Orders this Stipulation (the "Amended Complaint"). 3. Clean Cause's time to answer or move in response to the Amended Complaint in this action, is and shall be extended to and including 21 days from the date the Amended Complaint is filed. 4. This stipulation may be executed in counterparts. A facsimile or photocopy of this stipulation and the signatures hereto shall have the same effect and may be accepted with the same authority as the original. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/12/2021) (tg)
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| Filing 32 SECOND LETTER addressed to Judge Valerie E. Caproni from Sean R. Flanagan dated November 12, 2021 re: Stipulation to Dismiss Second Cause of Action, Consent to Amend Complaint, and Extend Defendant's Time to Respond. Document filed by Saccani Distributing Company. (Attachments: #1 Stipulation).(Flanagan, Sean) |
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Filing 31
ORDER FOR ADMISSION PRO HAC VICE granting #30 Motion for Marc J. Kesten to Appear Pro Hac Vice. The motion of Marc J. Kesten, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Valerie E. Caproni on 11/9/21) (yv)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Marc J. Kesten to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 30 MOTION for Marc J. Kesten to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Clean Cause, Inc.. (Attachments: #1 Text of Proposed Order, #2 Affidavit Affidavit of Marc J. Kesten, #3 Exhibit Ex. 1 - California Certificate of Good Standing, #4 Exhibit Ex. 2 - Florida Certificate of Good Standing).(Guzov, Debra) |
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Filing 29
ORDER FOR ADMISSION PRO HAC VICE granting #28 Motion for Kristin N. Ivanco to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 10/29/2021) (vfr)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Kristin N. Ivanco to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25253649. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 28 MOTION for Kristin N. Ivanco to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25253649. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Saccani Distributing Company. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order for Admission Pro Hac Vice).(Ivanco, Kristin) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #27 MOTION for Marc J. Kesten to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Florida Supreme Court (850-488-0125). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea) |
| Filing 27 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Marc J. Kesten to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Clean Cause, Inc.. (Attachments: #1 Affidavit Affidavit of Kesten in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Ex. 1 - California Certificate of Good Standing, #3 Exhibit Ex. 2 - Florida Certificate of Good Standing, #4 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Guzov, Debra) Modified on 10/18/2021 (aea). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #22 MOTION for Marc J. Kesten to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25196733. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida; missing Proposed Order;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
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Filing 26
ORDER granting #23 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference, currently scheduled for Friday, October 22, 2021 at 2:30 P.M., is adjourned to Friday, December 10, 2021 at 11:30 A.M. Pre-conference submissions are due no later than Thursday, December 2, 2021. For a description of the pre-conference submissions requirements and the conference dial in information, the parties should consult the Court's order at docket entry 15. SO ORDERED. Initial Conference set for 12/10/2021 at 11:30 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 10/14/2021) (tg)
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Filing 25
STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by the undersigned counsel of record for plaintiff Saccani Distributing Company and defendant Clean Cause, Inc. (Clean Cause), and ordered by this Court, as follows: 1. Clean Causes time to answer or move in response to the Complaint in this action, dated May 8, 2020, is and shall be extended to and including November 12, 2021. 2. This stipulation may be executed in counterparts. A facsimile or photocopy of this stipulation and the signatures hereto shall have the same effect and may be accepted with the same authority as the original. SO ORDERED. Clean Cause, Inc. answer due 11/12/2021. (Signed by Judge Valerie E. Caproni on 10/14/2021) (tg)
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| Filing 24 PROPOSED STIPULATION AND ORDER. Document filed by Clean Cause, Inc...(Guzov, Debra) |
| Filing 23 LETTER MOTION to Adjourn Conference (Initial Pretrial Conference) addressed to Judge Valerie E. Caproni from Debra J. Guzov dated 10/14/2021. Document filed by Clean Cause, Inc...(Guzov, Debra) |
| Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Marc J. Kesten to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25196733. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Clean Cause, Inc.. (Attachments: #1 Affidavit Affidavit of Kesten in Support of Motion for Admission Pro Hac Vice).(Guzov, Debra) Modified on 10/15/2021 (wb). |
| Filing 21 NOTICE OF APPEARANCE by Marc Adam Rogovin on behalf of Clean Cause, Inc...(Rogovin, Marc) |
| Filing 20 NOTICE OF APPEARANCE by Debra Joy Guzov on behalf of Clean Cause, Inc...(Guzov, Debra) |
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Filing 19
ORDER FOR ADMISSION PRO HAC VICE granting #18 Motion for Monica Hans Folsom to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 10/8/2021) (tg)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Monica Hans Folsom to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25167820. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 18 MOTION for Monica Hans Folsom to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25167820. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Saccani Distributing Company. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order for Admission Pro Hac Vice).(Folsom, Monica) |
| Filing 17 NOTICE OF APPEARANCE by Joshua Garet Oberman on behalf of Saccani Distributing Company..(Oberman, Joshua) |
| Filing 16 NOTICE OF APPEARANCE by Sean Richard Flanagan on behalf of Saccani Distributing Company..(Flanagan, Sean) |
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Filing 15
NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on October 22, 2021 at 2:30 p.m. by teleconference. At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 7942. SO ORDERED. Initial Conference set for 10/22/2021 at 02:30 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 9/24/2021) (tg)
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| Filing 14 CASE TRANSFERRED IN from the United States District Court - District of California Eastern; Case Number: 2:20-cv-01498. Original file certified copy of transfer order and docket entries received. (sjo) |
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Filing 13
ORDER signed by District Judge Troy L. Nunley on 9/23/21 ORDERING that this action is hereby transferred from the United States District Court for the Eastern District of California to the United States District Court for the Southern District of New York, Manhattan Division. (Kaminski, H) [Transferred from California Eastern on 9/23/2021.]
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| Case Designated ECF. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Valerie E. Caproni. 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) |
| 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) |
| Magistrate Judge Ona T. Wang 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) |
| Filing 12 STIPULATION and PROPOSED ORDER to Transfer Venue by Saccani Distributing Company. (Attachments: #1 Proposed Order)(Folsom, Monica) Modified on 9/23/2021 (Kaminski, H). [Transferred from California Eastern on 9/23/2021.] |
| Filing 11 NOTICE of CHANGE of ADDRESS by Uyen N. Nguyen. (Nguyen, Uyen) [Transferred from California Eastern on 9/23/2021.] |
| Filing 10 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on September 1, 2021: Pursuant to this Court's August 31, 2021 Order granting Defendant's Motion to Change Venue (ECF No. #9 ), the parties are directed to file the stipulation and proposed order to the Court indicating to which court within the State of New York this action will be transferred within twenty-one (21) days of this Minute Order. (Text Only Entry) (Krueger, M) [Transferred from California Eastern on 9/23/2021.] |
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Filing 9
ORDER signed by District Judge Troy L. Nunley on 8/31/21 GRANTING #4 Defendant's Motion to Change Venue. The parties are instructed to file a stipulation and proposed order to the Court indicating to which court within the State of New York this action will be transferred. (Kastilahn, A) [Transferred from California Eastern on 9/23/2021.]
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| Filing 8 REPLY by Clean Cause, Inc. to RESPONSE to #4 Motion to Change Venue,. (Kesten, Marc) [Transferred from California Eastern on 9/23/2021.] |
| Filing 7 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 8/26/2020: On the Court's own motion, Defendant's Motion to Change Venue (ECF No. #4 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 9/3/2020 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. Defendant may still file a reply brief in accordance with Local Rule 230(d) and the 9/3/2020 date. (TEXT ONLY ENTRY) (Krueger, M) [Transferred from California Eastern on 9/23/2021.] |
| Filing 6 NOTICE of APPEARANCE by Marc Jay Kesten on behalf of Clean Cause, Inc. Attorney Kesten, Marc Jay added. (Kesten, Marc) [Transferred from California Eastern on 9/23/2021.] |
| Filing 5 OPPOSITION by Saccani Distributing Company to #4 Motion to Change Venue. (Attachments: #1 Declaration of Steve Fishman, #2 Declaration of Monica Hans Folsom)(Folsom, Monica) Modified on 8/21/2020 (York, M). [Transferred from California Eastern on 9/23/2021.] |
| Filing 4 MOTION to CHANGE VENUE by Clean Cause, Inc. Motion Hearing set for 9/3/2020 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Notice of Motion, #2 Declaration of Marc Kesten, #3 Declaration of Steven Owen, #4 Proposed Order, #5 Proof of Service)(Nguyen, Uyen) Modified on 8/7/2020 (Zignago, K.). [Transferred from California Eastern on 9/23/2021.] |
| Filing 3 STIPULATION to Extend Defendant's Time to Respond to Complaint by Clean Cause, Inc. (Nguyen, Uyen) [Transferred from California Eastern on 9/23/2021.] |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Benson, A.) [Transferred from California Eastern on 9/23/2021.] |
| Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 34-2020-00278339 by Clean Cause, Inc. (Filing fee $ 400, receipt number 0972-9015755) (Attachments: #1 Civil Cover Sheet, #2 Certification of Interested Entities or Persons)(Nguyen, Uyen) [Transferred from California Eastern on 9/23/2021.] |
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