Gordon v. BlueTriton Brands, Inc.
| Phil Gordon |
| BlueTriton Brands, Inc. and Nestle Waters North America, Inc. |
| 1:2022cv02138 |
| March 15, 2022 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on November 28, 2022. A more recent docket listing may be available from PACER.
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Filing 21
ORDER: Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by May 27, 2022. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. If Defendant files an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendant files a new motion to dismiss, any opposition shall be filed within fourteen days, and any reply shall be filed within seven days of any opposition. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by May 27, 2022. Defendant's reply, if any, shall be filed by June 3, 2022. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for June 30, 2022, is adjourned sine die. SO ORDERED. ( Amended Pleadings due by 5/27/2022., Responses due by 5/27/2022, Replies due by 6/3/2022.) (Signed by Judge Jesse M. Furman on 5/9/2022) (vfr)
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| Filing 20 MEMORANDUM OF LAW in Support re: #19 AMENDED MOTION to Dismiss the Complaint with prejudice #17 . . Document filed by BlueTriton Brands, Inc...(Cardin, Kelly) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only..(rdz) |
| Filing 19 AMENDED MOTION to Dismiss the Complaint with prejudice #17 . Document filed by BlueTriton Brands, Inc...(Cardin, Kelly) |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #20) MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss the Complaint with Prejudice. . Document filed by BlueTriton Brands, Inc...(Cardin, Kelly) Modified on 5/9/2022 (kj). |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE #19) MOTION to Dismiss the Complaint with Prejudice. Document filed by BlueTriton Brands, Inc...(Cardin, Kelly) Modified on 5/9/2022 (kj). |
| Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -( SEE #17) MOTION to Dismiss the Complaint. Document filed by BlueTriton Brands, Inc...(Cardin, Kelly) Modified on 5/9/2022 (kj). |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only. (sac) |
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Filing 15
ORDER granting #14 Letter Motion for Extension of Time to Answer re #14 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Jesse M. Furman from Kelly M. Cardin dated April 6, 2022., #1 Complaint. Application GRANTED in part. Defendant's deadline to respond is extended to May 6, 2022. The Clerk of Court is directed to terminate ECF No. 14. SO ORDERED. BlueTriton Brands, Inc. answer due 5/6/2022 (Signed by Judge Jesse M. Furman on 4/6/2022) (rro)
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| Filing 14 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Jesse M. Furman from Kelly M. Cardin dated April 6, 2022. Document filed by BlueTriton Brands, Inc...(Cardin, Kelly) |
| Filing 13 NOTICE OF APPEARANCE by Jessica Rose Schild on behalf of BlueTriton Brands, Inc...(Schild, Jessica) |
| Filing 12 NOTICE OF APPEARANCE by Kelly Marie Cardin on behalf of BlueTriton Brands, Inc...(Cardin, Kelly) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. BlueTriton Brands, Inc. served on 3/28/2022, answer due 4/18/2022. Service was accepted by Kartik Pandya, authorized to accept service personally. Document filed by Phil Gordon..(Kirschenbaum, Daniel) |
| Filing 10 COMPLAINT against BlueTriton Brands, Inc.. Document filed by Phil Gordon..(Nussbaum, Yosef) |
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Filing 9
ORDER granting #8 Letter Motion for Leave to File Document. Application GRANTED. Plaintiff shall promptly file the corrected Complaint. The Clerk of Court is directed to place ECF No. 1 under seal and to terminate ECF No. 8. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/23/22) (yv)
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| Filing 8 LETTER MOTION for Leave to File Corrected Complaint addressed to Judge Jesse M. Furman from Josef Nussbaum dated March 23, 2022. Document filed by Phil Gordon..(Nussbaum, Yosef) |
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on June 30, 2022 at 4:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://www.nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Additionally, in accordance with Paragraph 2.D of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 6/30/2022 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/16/22) (yv)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to BlueTriton Brands, Inc...(lal) |
| Filing 5 CIVIL COVER SHEET filed..(Kirschenbaum, Daniel) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to BlueTriton Brands, Inc., re: #1 Complaint. Document filed by Phil Gordon..(Kirschenbaum, Daniel) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Maimon Kirschenbaum to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the date field on the offical A.O. Summons form was completed by the attorney; Plaintiff's attorney information omitted on 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. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Daniel Maimon Kirschenbaum to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Civil Cover Sheet is blank. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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) |
| Case Designated ECF. (sj) |
| Magistrate Judge Debra C. Freeman 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) |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to BlueTriton Brands, Inc., re: #1 Complaint. Document filed by Phil Gordon..(Kirschenbaum, Daniel) Modified on 3/16/2022 (sj). |
| Filing 2 FILING ERROR - DEFICIENT CIVIL COVER SHEET - CIVIL COVER SHEET filed..(Kirschenbaum, Daniel) Modified on 3/16/2022 (sj). |
| Filing 1 COMPLAINT against BlueTriton Brands, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25864474)Document filed by Phil Gordon..(Kirschenbaum, Daniel) |
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