Lavecchia et al v. Wise Foods, Inc.
| Joseph Lavecchia, Anthony Lavecchia, Louis Lavecchia and Dough Boy Distributers, LLC |
| Wise Foods, Inc. and Arca Continental Food & Snacks Division, Wise Food, Inc. doing business as Wise of New Jersey |
| 1:2021cv09984 |
| November 24, 2021 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 19, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 20 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Arca Continental Food & Snacks Division, Wise Food, Inc. and without costs. Document filed by Joseph Lavecchia, Dough Boy Distributers, LLC, Louis Lavecchia, Anthony Lavecchia. Proposed Order to be reviewed by Clerk's Office staff...(Epstein, Darren) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Epstein, Darren to RE-FILE Document #18 Notice of Voluntary Dismissal. Use the event type Settlement Agreement found under the event list Other Documents. (dt) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Epstein, Darren to RE-FILE Document #19 Notice of Voluntary Dismissal. Use the event type Stipulation of Voluntary Dismissal found under the event list Other Documents. Have Attorneys sign (ink signatures) before re-filing. (dt) |
| Filing 19 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Arca Continental Food & Snacks Division, Wise Food, Inc.. Document filed by Joseph Lavecchia, Dough Boy Distributers, LLC, Louis Lavecchia, Anthony Lavecchia. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Epstein, Darren) Modified on 1/19/2022 (dt). |
| Filing 18 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Arca Continental Food & Snacks Division, Wise Food, Inc.. Document filed by Joseph Lavecchia, Dough Boy Distributers, LLC, Louis Lavecchia, Anthony Lavecchia. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Epstein, Darren) Modified on 1/19/2022 (dt). |
Filing 17
MEMO ENDORSEMENT on re: #16 Letter filed by Arca Continental Food & Snacks Division, Wise Food, Inc. ENDORSEMENT: The parties' request for an extension of time is granted. If this action has not been dismissed by January 18, 2022, the parties are ordered to submit a joint status letter setting forth the best means by which to proceed in this case. (Signed by Judge Gregory H. Woods on 1/12/2022) (rro)
|
| Filing 16 JOINT LETTER addressed to Judge Gregory H. Woods from Meghana D. Shah dated 1/12/2022 re: Status of Dismissal. Document filed by Arca Continental Food & Snacks Division, Wise Food, Inc...(Shah, Meghana) |
|
Filing 15
ORDER. On January 4, 2022, the Court held a conference to discuss Defendant's proposed motion to dismiss. For the reasons stated on the record during that conference, if this case has not been dismissed by January 12, 2021, the parties are directed to submit a joint status letter on that date regarding their proposals for the best means by which to proceed in this case. In addition, the deadline for Defendant to answer or otherwise respond to the complaint is extended to February 21, 2022. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
|
| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 1/4/2022. (Court Reporter present) (wv) |
|
Filing 14
ORDER. Plaintiff's request to adjourn the pre-motion conference currently scheduled for December 20, 2021, Dkt. No. 13, is granted. The pre-motion conference is adjourned to January 4, 2021 at 4:00 p.m. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
|
| Filing 13 FIRST LETTER addressed to Judge Gregory H. Woods from Darren Epstein dated 12/15/2021 re: Adjournment of Phone Conf. Document filed by Dough Boy Distributers, LLC, Anthony Lavecchia, Joseph Lavecchia, Louis Lavecchia..(Epstein, Darren) |
| Filing 12 NOTICE OF APPEARANCE by Darren Jay Epstein on behalf of Dough Boy Distributers, LLC, Anthony Lavecchia, Joseph Lavecchia, Louis Lavecchia..(Epstein, Darren) |
|
Filing 11
ORDER granting #10 . Defendant Wise Food's ("Defendant") December 13, 2021 request for a pre-motion conference, Dkt. No. 10, is granted. The Court will hold a teleconference regarding Defendant's proposed motion to dismiss Plaintiffs' complaint on December 20, 2021 at 3:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
|
| Set/Reset Hearings: Telephone Conference set for 12/20/2021 at 03:00 PM before Judge Gregory H. Woods. (wv) |
| Filing 10 LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Gregory H. Woods from Meghana D. Shah dated December 13, 2021. Document filed by Arca Continental Food & Snacks Division, Wise Food, Inc...(Shah, Meghana) |
| Filing 9 CERTIFICATE OF SERVICE of Order Granting Letter Motion (ECF 6), Notice of Initial Pretrial Conference (ECF 7), Order Regarding Removal (ECF 8), Judge's Individual Civil Practice Rules served on Plaintiffs Joseph Lavecchia, Anthony Lavecchia, Louis Lavecchia, Dough Boy Distributors, LLC on 11/30/2021, 12/1/2021, 12/3/2021, 12/6/2021. Service was made by E-Mail and FedEx. Document filed by Arca Continental Food & Snacks Division, Wise Food, Inc.. (Attachments: #1 Exhibit A - Cover Letter and FedEx Confirmation, #2 Exhibit B - 11/30/2021 Email, #3 Exhibit C - 12/3/2021 Email, #4 Exhibit D - FedEx Confirmation).(Shah, Meghana) |
|
Filing 8
ORDER: This action was removed from the Supreme Court of the State of New York, County of New York, on November 24, 2021. Dkt. No. 1. Pursuant to Fed. R. Civ. P. 81(c)(3), if any party wishes to demand a jury trial in this matter, the demand must be served and filed no later than 14 December 13, 2021. Additionally, counsel for Plaintiff is directed to promptly file a notice of appearance in this case. Counsel for Defendant is directed to serve a copy of this order on Plaintiff, and to retain proof of service. (Signed by Judge Gregory H. Woods on 11/30/2021) (rro)
|
| Filing 7 NOTICE OF INITIAL PRETIAL CONFERENCE: Initial Conference set for 1/26/2022 at 03:00 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (Signed by Judge Gregory H. Woods on 11/30/2021) (rro) |
|
Filing 6
ORDER granting #4 Letter Motion for Extension of Time to Answer re #4 LETTER MOTION for Extension of Time to File Answer (Unopposed) addressed to Judge Gregory H. Woods from Meghana D. Shah dated 11/29/2021., #1 Notice of Removal. Defendants' November 29, 2021 request for an extension of time to respond to Plaintiff's complaint, Dkt. No. 4, is granted. The time for Defendants to answer or otherwise respond to Plaintiff's complaint is extended to January 7, 2022. The Clerk of Court is instructed to terminate the motion at Dkt. No. 4. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/30/2021) (rro)
|
| Filing 5 NOTICE OF APPEARANCE by Jocelyn Meredith Weinstein on behalf of Arca Continental Food & Snacks Division, Wise Food, Inc...(Weinstein, Jocelyn) |
| Filing 4 LETTER MOTION for Extension of Time to File Answer (Unopposed) addressed to Judge Gregory H. Woods from Meghana D. Shah dated 11/29/2021. Document filed by Arca Continental Food & Snacks Division, Wise Food, Inc...(Shah, Meghana) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Meghana Shah. The party information for the following party/parties has been modified: Wise Foods, Inc. The information for the party/parties has been modified for the following reason/reasons: party full name on the caption of the pleading was omitted. (gp) |
| Magistrate Judge Katharine H. Parker 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. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(gp) |
| Case Designated ECF. (gp) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AC Snack Foods, Inc., Corporate Parent Arca Continental USA, LLC, Corporate Parent Arca Continental S.A.B., de C.V., Corporate Parent AC Alimentos y Botanas S.A. de C.V. for Wise Foods, Inc.. Document filed by Wise Foods, Inc...(Shah, Meghana) |
| Filing 2 CIVIL COVER SHEET filed..(Shah, Meghana) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Bronx. Case Number: 814330/2021E. (Filing Fee $ 402.00, Receipt Number ANYSDC-25382980).Document filed by Wise Foods, Inc.. (Attachments: #1 Exhibit A - State Court Docket, #2 Exhibit A-1 - Summons and Complaint, #3 Exhibit A-2 - Request for Judicial Intervention, #4 Exhibit A-3 - Proposed Order to Show Cause, #5 Exhibit A-4 - Joseph Lavecchia Affidavit, #6 Exhibit A-5 - Louis Lavecchia Jr. Affidavit, #7 Exhibit A-6 - Anthony Lavecchia Affidavit, #8 Exhibit A-7 - Darren J. Epstein Affirmation, #9 Exhibit A-8 - Affidavit Exhibits, #10 Exhibit A-9 - Signed Order to Show Cause, #11 Exhibit A-10 - Affidavit of Service (Wise), #12 Exhibit A-11 - Affidavit of Service (Arca), #13 Exhibit A-12 - Wise Opposition and Supporting Documents, #14 Exhibit B - Rosser Affidavit).(Shah, Meghana) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
