Klein v. Jelly Belly Candy Company
Plaintiff: David Klein
Defendant: Jelly Belly Candy Company
Case Number: 1:2022cv05629
Filed: July 1, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: James L Cott
Referring Judge: John P Cronan
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. ยง 1446 nr Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 26, 2022 Filing 28 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) Jelly Belly Candy Company. Document filed by David Klein. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Jafri, Farva)
August 22, 2022 Opinion or Order Filing 27 ORDER granting #18 Letter Motion for Leave to File Document. If Plaintiff wishes to terminate this action, and presumably re-file his Complaint in different District, he shall file a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) by August 29, 2022. In the event Plaintiff does not file a notice of voluntary dismissal, his opposition to Defendant's motion to dismiss is due by September 2, 2022, and Defendant's reply is due by September 12, 2022. The Court also will set a briefing schedule for any motion to transfer venue in the event Plaintiff does not file a notice of voluntary dismissal. SO ORDERED.. (Signed by Judge John P. Cronan on 8/22/2022) (ks)
August 22, 2022 Set/Reset Deadlines: Responses due by 9/2/2022 Replies due by 9/12/2022. (ks)
August 18, 2022 Filing 26 LETTER addressed to Judge John P. Cronan from Eric D. Wong dated August 18, 2022 re: Response to Judge Cronan's 8/18/22 Order [Doc 24]. Document filed by Jelly Belly Candy Company..(Wong, Eric)
August 18, 2022 Opinion or Order Filing 25 ORDER denying #22 Letter Motion for Leave to File Document. The request is denied. The double-spacing requirement in Local Rule 11(b)(3) does not apply to pre-motion letters written to the Court. SO ORDERED.. (Signed by Judge John P. Cronan on 8/18/2022) (kv)
August 18, 2022 Opinion or Order Filing 24 MEMO ENDORSEMENT on re: #20 Letter, filed by Jelly Belly Candy Company. ENDORSEMENT: Defendant's letter addresses why this Court should not grant Plaintiff a voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(2). It does not, however, address why Plaintiff cannot dismiss voluntarily by filing a notice of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), since Plaintiff has not been served with either an answer or a motion for summary judgment. Defendant is directed to file an additional response letter by August 22, 2022, addressing whether voluntary dismissal under Fed. R. Civ. P. 41(a)(1)(A)(i) is available to Plaintiff in this case. SO ORDERED. (Signed by Judge John P. Cronan on 8/18/2022) (kv)
August 17, 2022 Filing 23 LETTER addressed to Judge John P. Cronan from Eric D. Wong dated August 17, 2022 re: Response to the August 15, 2022 pre-motion letter (Dkt. No. 22). Document filed by Jelly Belly Candy Company..(Wong, Eric)
August 15, 2022 Filing 22 LETTER MOTION for Leave to File Motion to Strike addressed to Judge John P. Cronan from Farva Jafri dated 8/15/2022. Document filed by David Klein..(Jafri, Farva)
August 15, 2022 Opinion or Order Filing 21 MEMO ENDORSEMENT on re: #19 Letter filed by David Klein. ENDORSEMENT: The deadline for Plaintiff's opposition to Defendant's motion to dismiss, Dkt. 10, is extended sine die pending further order of the Court. Defendant shall respond to Plaintiff's pre-motion letter for its anticipated motion to transfer venue, Dkt. 18, no later than August 16, 2022. In that letter, Defendant shall indicate whether it intends to oppose any motion to transfer venue and, if so, its view on whether Plaintiff could dismiss without prejudice pursuant to Federal Rule of Civil Procedure 41 a)(1)(A)(i), and then re-file this action in another federal court. SO ORDERED. (Signed by Judge John P. Cronan on 8/15/2022) (tg)
August 15, 2022 Filing 20 LETTER addressed to Judge John P. Cronan from Eric D. Wong dated August 15, 2022 re: Response to the August 10, 2022 pre-motion letter (Dkt. No. 18) and in Response to the August 12, 2022 letter (Dkt. No. 19). Document filed by Jelly Belly Candy Company..(Wong, Eric)
August 12, 2022 Filing 19 LETTER addressed to Judge John P. Cronan from Farva Jafri Esq. dated 8/12/22 re: Response in opposition to motion to dismiss while pre motion letter is pending. Document filed by David Klein..(Jafri, Farva)
August 10, 2022 Filing 18 LETTER MOTION for Leave to File motion to transfer venue, or in the alternative, motion to voluntarily dismiss addressed to Judge John P. Cronan from Farva Jafri, Esq. dated 8/10/22. Document filed by David Klein..(Jafri, Farva)
August 9, 2022 Opinion or Order Filing 17 ORDER granting #16 Letter Motion for Extension of Time. This request is granted. Plaintiff's opposition shall be filed by August 12, 2022, and Defendant's reply shall be filed by August 19, 2022. SO ORDERED. (Signed by Judge John P. Cronan on 8/9/2022) (jca)
August 9, 2022 Set/Reset Deadlines: Responses due by 8/12/2022 Replies due by 8/19/2022. (jca)
August 5, 2022 Filing 16 LETTER MOTION for Extension of Time to respond to Defendants' motion to dismiss addressed to Judge John P. Cronan from Farva Jafri dated 8/5/22. Document filed by David Klein..(Jafri, Farva)
August 5, 2022 Filing 15 LETTER addressed to Judge John P. Cronan from Farva Jafri dated 8/5/22 re: Request for extension of time. Document filed by David Klein..(Jafri, Farva)
August 5, 2022 Filing 14 NOTICE OF APPEARANCE by Farva Jafri on behalf of David Klein..(Jafri, Farva)
July 22, 2022 Filing 13 PROPOSED ORDER. Document filed by Jelly Belly Candy Company. Related Document Number: #10 ..(Wong, Eric) Proposed Order to be reviewed by Clerk's Office staff.
July 22, 2022 Filing 12 MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss . . Document filed by Jelly Belly Candy Company..(Wong, Eric)
July 22, 2022 Filing 11 AFFIRMATION of Eric D. Wong in Support re: #10 MOTION to Dismiss .. Document filed by Jelly Belly Candy Company. (Attachments: #1 Exhibit A- Complaint, #2 Exhibit B- Article by Refinery29, #3 Exhibit C- Article by The Washing Post, #4 Exhibit D- Articles of Incorporation for the Goelitz Confectionary Co., #5 Exhibit E- Articles of Incorporation for the Herman Goelitz Candy Company, #6 Exhibit F- Agreement of Merger, #7 Exhibit G- Certificate of Amendment of Articles of Incorporation of the Herman Goelitz Candy Company, Inc.).(Wong, Eric)
July 22, 2022 Filing 10 MOTION to Dismiss . Document filed by Jelly Belly Candy Company..(Wong, Eric)
July 22, 2022 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #13 Proposed Order was reviewed and approved as to form. (nd)
July 20, 2022 Opinion or Order Filing 9 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. (Signed by Judge John P. Cronan on 7/20/2022) (kv)
July 20, 2022 Opinion or Order Filing 8 MEMO ENDORSEMENT on re: #7 Letter filed by Jelly Belly Candy Company. ENDORSEMENT: The request is granted. Defendant shall move to dismiss by July 22, 2022, Plaintiff shall oppose by August 12, 2022, and Defendant shall reply by August 19, 2022. SO ORDERED. (Motions due by 7/22/2022., Responses due by 8/12/2022, Replies due by 8/19/2022.) (Signed by Judge John P. Cronan on 7/19/2022) (jca)
July 14, 2022 Filing 7 FIRST LETTER addressed to Judge John P. Cronan from Eric D. Wong dated July 7, 2022 re: Letter re pre-motion letter re anticipated filing of motion to dismiss. Document filed by Jelly Belly Candy Company..(Wong, Eric)
July 14, 2022 Filing 6 LETTER addressed to Judge John P. Cronan from Eric D. Wong dated July 14, 2022 re: permission to file Motion to Dismiss on 7/22/2022 pursuant to First Letter Motion dated 7/7/22 [Doc # 4]. Document filed by Jelly Belly Candy Company..(Wong, Eric)
July 14, 2022 Filing 5 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Motion To Dismiss on July 22, 2022 as Plaintiff has not timely responded to Defendant's First Letter Motion filed 7/7/22 [doc# 4] addressed to Judge John P. Cronan from Eric D. Wong dated July 14, 2022. Document filed by Jelly Belly Candy Company..(Wong, Eric) Modified on 7/14/2022 (db).
July 14, 2022 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Eric David Wong to RE-FILE Document #4 FIRST LETTER MOTION for Conference re defendant's Motion To Dismiss the Complaint addressed to Judge John P. Cronan from Eric D. Wong dated July 7, 2022., #5 LETTER MOTION for Leave to File Motion To Dismiss on July 22, 2022 as Plaintiff has not timely responded to Defendant's First Letter Motion filed 7/7/22 [doc# 4] addressed to Judge John P. Cronan from Eric D. Wong dated July 14, 20. Use the event type Letter found under the event list Other Documents. (db)
July 7, 2022 Filing 4 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST LETTER MOTION for Conference re defendant's Motion To Dismiss the Complaint addressed to Judge John P. Cronan from Eric D. Wong dated July 7, 2022. Document filed by Jelly Belly Candy Company..(Wong, Eric) Modified on 7/14/2022 (db).
July 5, 2022 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Eric David Wong. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)
July 5, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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..(jgo)
July 5, 2022 Case Designated ECF. (jgo)
July 5, 2022 Magistrate Judge James L. Cott 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. (jgo)
July 1, 2022 Filing 3 CIVIL COVER SHEET filed..(Wong, Eric)
July 1, 2022 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jelly Belly Candy Company..(Wong, Eric)
July 1, 2022 Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 154444/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26361521).Document filed by Jelly Belly Candy Company. (Attachments: #1 Exhibit A - State Court Notice, #2 Exhibit B - State Court Pleadings, #3 Exhibit C - Swaigen Certification).(Wong, Eric)

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 this case: Klein v. Jelly Belly Candy Company
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: David Klein
Represented By: Farva Jafri
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jelly Belly Candy Company
Represented By: Eric David Wong
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?