Ben & Jerry's Homemade, Inc. v. Conopco, Inc.
Plaintiff: Ben & Jerry's Homemade, Inc.
Defendant: Conopco, Inc.
Case Number: 1:2022cv05681
Filed: July 5, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Andrew L Carter
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity Action
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2022 Opinion or Order Filing 52 ORDER granting #33 Letter Motion to Seal. For the foregoing reasons, the Court denies Plaintiff's motion for a preliminary injunction. The parties shall submit a joint status letter no later than two weeks from the date of this order. The Court grants Defendants motion to seal, and the Clerk of Court is respectfully directed to terminate the motion at ECF No. 33. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/22/2022) (mml)
August 12, 2022 Filing 51 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a REMOTE ORDER TO SHOW CAUSE HEARING proceeding held on 8/8/2022 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...(js)
August 12, 2022 Filing 50 TRANSCRIPT of Proceedings re: REMOTE ORDER TO SHOW CAUSE HEARING held on 8/8/2022 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 9/2/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/10/2022. (js)
August 9, 2022 Filing 49 LETTER addressed to Judge Andrew L. Carter, Jr. from David R. Marriott dated August 9, 2022. Document filed by Conopco, Inc...(Marriott, David)
August 8, 2022 Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Show Cause Hearing for Preliminary Injunction held on 8/8/2022. Joseph Ahmad and Shameer Halepota for Plaintiff. David Marriott and Yonatan Even for Defendant. (tdh)
August 2, 2022 Opinion or Order Filing 48 ORDER: Accordingly, Defendant is hereby ORDERED to show cause before this Court at a telephonic show cause hearing on August 8, 2022 at 2:00 p.m. why a preliminary injunction should not issue. The Parties should contact the court at 1-888-363-4749 (Access Code: 3768660). Show Cause Hearing set for 8/8/2022 at 02:00 PM before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 8/2/2022) (ate)
August 1, 2022 Filing 47 NOTICE of Mediation Results re: #45 Stipulation and Order,, Set Deadlines/Hearings,. Document filed by Conopco, Inc...(Marriott, David)
August 1, 2022 Filing 46 NOTICE of Mediation Results re: #45 Stipulation and Order,, Set Deadlines/Hearings,. Document filed by Ben & Jerry's Homemade, Inc...(Halepota, Shahmeer)
July 18, 2022 Opinion or Order Filing 45 STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the parties, through their undersigned counsel, that: 1. The parties agree to adjourn the July 14, 2022 hearing on Plaintiff's motion for a preliminary injunction in favor of mediation. (As further set forth herein.) SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/18/2022) (va)
July 14, 2022 Filing 44 PROPOSED STIPULATION AND ORDER. Document filed by Ben & Jerry's Homemade, Inc...(Cohen, Mark)
July 14, 2022 Opinion or Order Filing 43 ORDER granting #27 Motion for John Zavitsanos to Appear Pro Hac Vice. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/14/2022) (ate)
July 14, 2022 Opinion or Order Filing 42 ORDER granting #41 Letter Motion to Adjourn Conference. The order to show cause hearing scheduled for today is adjourned. The parties shall submit a joint status report by August 1, 2022. (Signed by Judge Andrew L. Carter, Jr on 7/14/2022) (ate)
July 14, 2022 Filing 41 LETTER MOTION to Adjourn Conference addressed to Judge Andrew L. Carter, Jr. from Mark S. Cohen dated July 14, 2022. Document filed by Ben & Jerry's Homemade, Inc...(Cohen, Mark)
July 13, 2022 Filing 40 REPLY MEMORANDUM OF LAW in Support re: #18 Order to Show Cause,,,,,, Set Deadlines/Hearings,,,,, (CORRECTED Plaintiff's Reply Brief in Support of Application for Preliminary Injunctive Relief). Document filed by Ben & Jerry's Homemade, Inc...(Cohen, Mark)
July 13, 2022 Filing 39 DECLARATION of Shahmeer Halepota in Support re: #18 Order to Show Cause,,,,,, Set Deadlines/Hearings,,,,,. Document filed by Ben & Jerry's Homemade, Inc.. (Attachments: #1 Exhibit 1 - Haaretz Article).(Cohen, Mark)
July 13, 2022 Filing 38 REPLY MEMORANDUM OF LAW in Support re: #18 Order to Show Cause,,,,,, Set Deadlines/Hearings,,,,, (Plaintiff's Reply Brief in Support of Application for Preliminary Injunctive Relief). Document filed by Ben & Jerry's Homemade, Inc...(Cohen, Mark)
July 12, 2022 Filing 37 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Unilever United States, Inc., Corporate Parent Unilever PLC. for Conopco, Inc.. Document filed by Conopco, Inc...(Kumagai, David)
July 11, 2022 Filing 36 DECLARATION of David Kumagai in Opposition re: #30 Opposition Brief,. Document filed by Conopco, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G - Part 1, #8 Exhibit G - Part 2, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V).(Kumagai, David)
July 11, 2022 Filing 35 DECLARATION of David Kumagai in Opposition re: #30 Opposition Brief,. Document filed by Conopco, Inc...(Kumagai, David)
July 11, 2022 Filing 34 ***SELECTED PARTIES***DECLARATION of David Kumagai in Opposition re: #30 Opposition Brief, #33 LETTER MOTION to Seal Exhibits S, W, X, Y, and Z to the Declaration of David Kumagai in support of Defendant's Opposition to Plaintiff's Application for Preliminary Injunctive Relief addressed to Judge Andrew L. Carter, Jr. from Dav. Document filed by Conopco, Inc., Ben & Jerry's Homemade, Inc.. (Attachments: #1 Exhibit S, #2 Exhibit W, #3 Exhibit X, #4 Exhibit Y, #5 Exhibit Z)Motion or Order to File Under Seal: #32 .(Kumagai, David)
July 11, 2022 Filing 33 LETTER MOTION to Seal Exhibits S, W, X, Y, and Z to the Declaration of David Kumagai in support of Defendant's Opposition to Plaintiff's Application for Preliminary Injunctive Relief addressed to Judge Andrew L. Carter, Jr. from David R. Marriott dated July 11, 2022. Document filed by Conopco, Inc...(Marriott, David)
July 11, 2022 Filing 32 DECLARATION of Mattan Meridor in Opposition re: #30 Opposition Brief,. Document filed by Conopco, Inc...(Marriott, David)
July 11, 2022 Filing 31 DECLARATION of Matt Close in Opposition re: #30 Opposition Brief,. Document filed by Conopco, Inc...(Marriott, David)
July 11, 2022 Filing 30 OPPOSITION BRIEF re: #18 Order to Show Cause,,,,,, Set Deadlines/Hearings,,,,, ("MEMORANDUM OF LAW ON BEHALF OF DEFENDANT CONOPCO, INC. IN OPPOSITION TO PLAINTIFFS APPLICATION FOR PRELIMINARY INJUNCTIVE RELIEF"). Document filed by Conopco, Inc...(Marriott, David)
July 11, 2022 Filing 29 NOTICE OF APPEARANCE by David Robert Shine Kumagai on behalf of Conopco, Inc...(Kumagai, David)
July 11, 2022 Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - NOTICE OF APPEARANCE by David Robert Shine Kumagai on behalf of Ben & Jerry's Homemade, Inc...(Kumagai, David) Modified on 7/11/2022 (lb).
July 11, 2022 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for John Zavitsanos 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. (sgz)
July 8, 2022 Filing 27 MOTION for John Zavitsanos to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ben & Jerry's Homemade, Inc.. (Attachments: #1 Affidavit Affidavit of John Zavitsanos, #2 Text of Proposed Order proposed Order).(Zavitsanos, John)
July 8, 2022 Filing 26 NOTICE OF APPEARANCE by Yonatan Even on behalf of Conopco, Inc...(Even, Yonatan)
July 8, 2022 Filing 25 NOTICE OF APPEARANCE by Gary A. Bornstein on behalf of Conopco, Inc...(Bornstein, Gary)
July 8, 2022 Filing 24 NOTICE OF APPEARANCE by David R Marriott on behalf of Conopco, Inc...(Marriott, David)
July 8, 2022 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #21 MOTION for John Zavitsanos 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 Supreme Court of Texas 512-463-1312; 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. (sgz)
July 7, 2022 Opinion or Order Filing 23 ORDER FOR ADMISSION PRO HAC VICE granting #20 Motion for Thomas Frashier to Appear Pro Hac Vice. 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 Andrew L. Carter, Jr on 7/7/2022) (kv)
July 7, 2022 Opinion or Order Filing 22 ORDER FOR ADMISSION PRO HAC VICE granting #15 Motion for Daryl Lane Moore to Appear Pro Hac Vice. 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 Andrew L. Carter, Jr on 7/7/2022) (kv)
July 7, 2022 Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for John Zavitsanos to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ben & Jerry's Homemade, Inc.. (Attachments: #1 Affidavit Affidavit of John Zavitsanos, #2 Text of Proposed Order proposed Order).(Zavitsanos, John) Modified on 7/8/2022 (sgz).
July 7, 2022 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Thomas Frashier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26376367. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
July 7, 2022 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 MOTION for John Zavitsanos to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26371346. 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 Texas;. 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. (sgz)
July 6, 2022 Filing 20 MOTION for Thomas Frashier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26376367. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ben & Jerry's Homemade, Inc.. (Attachments: #1 Affidavit Affidavit of Thomas Frashier, #2 Text of Proposed Order proposed Order).(Frashier, Thomas)
July 6, 2022 Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for John Zavitsanos to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26371346. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ben & Jerry's Homemade, Inc.. (Attachments: #1 Affidavit Affidavit of John Zavitsanos, #2 Text of Proposed Order proposed Order).(Zavitsanos, John) Modified on 7/7/2022 (sgz).
July 6, 2022 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Daryl Lane Moore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26368983. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
July 5, 2022 Opinion or Order Filing 18 ORDER TO SHOW CAUSE: The Court, having considered Plaintiff's application for a temporary restraining order and preliminary injunction, and having reviewed the Application and Declarations of Ben Cohen, Jerry Greenfield, Andrew Ross, Jennifer Henderson, and Drew Dean, along with exhibits attached thereto and other evidence submitted in support of the application, DENIES Plaintiff's application for a temporary restraining order. Defendant is hereby ORDERED to show cause before this Court at a telephonic show cause hearing on Thursday, July 14, 2022 at 3:45 p.m. why a preliminary injunction, pursuant to Fed. R. Civ. P. 65(a), should not issue. The Parties should contact the court at 1-888-363-4749 (Access Code: 3768660). Members of the public and the press can use the same dial-in information. Plaintiff shall serve the motion papers and this Order upon Defendant by 5:00 p.m. on July 6, 2022. Defendant shall respond in opposition by 5:00 p.m. on July 11, 2022. Plaintiff's reply, ifany, shall be filed by 5:00 p.m. on July 13, 2022. SO ORDERED. ( Replies due by 7/13/2022., Telephone Conference set for 7/14/2022 at 03:45 PM before Judge Andrew L. Carter Jr..) Show Cause Response due by 7/11/2022. (Signed by Judge Andrew L. Carter, Jr on 7/5/2022) (tg)
July 5, 2022 Filing 17 NOTICE OF APPEARANCE by Shahmeer Alam Halepota on behalf of Ben & Jerry's Homemade, Inc...(Halepota, Shahmeer)
July 5, 2022 Filing 16 NOTICE OF APPEARANCE by Joseph Y. Ahmad on behalf of Ben & Jerry's Homemade, Inc...(Ahmad, Joseph)
July 5, 2022 Filing 15 MOTION for Daryl Lane Moore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26368983. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ben & Jerry's Homemade, Inc.. (Attachments: #1 Affidavit Attorney Affidavit ISO PHV - DLM, #2 Supplement Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Moore, Daryl)
July 5, 2022 Filing 14 DECLARATION of Drew S. Dean in Support re: #7 Proposed Order to Show Cause With Emergency Relief,. Document filed by Ben & Jerry's Homemade, Inc.. (Attachments: #1 Exhibit 1 - Law review article, #2 Exhibit 2 - Jerusalem Post article, #3 Exhibit 3 - Tweet regarding Ben & Jerry's, #4 Exhibit 4 - Social Enterprise Law Tracker on B Corps).(Cohen, Mark)
July 5, 2022 Filing 13 DECLARATION of Andrew Ross in Support re: #7 Proposed Order to Show Cause With Emergency Relief,. Document filed by Ben & Jerry's Homemade, Inc.. (Attachments: #1 Exhibit A - Andrew Ross CV, #2 Exhibit B - Spring 2022 Syllabus, #3 Exhibit C - PowerPoint Deck, #4 Exhibit D - Materials Relied Upon).(Cohen, Mark)
July 5, 2022 Filing 12 DECLARATION of Jennifer Henderson in Support re: #7 Proposed Order to Show Cause With Emergency Relief,. Document filed by Ben & Jerry's Homemade, Inc...(Cohen, Mark)
July 5, 2022 Filing 11 DECLARATION of Jerry Greenfield in Support re: #7 Proposed Order to Show Cause With Emergency Relief,. Document filed by Ben & Jerry's Homemade, Inc...(Cohen, Mark)
July 5, 2022 Filing 10 DECLARATION of Ben Cohen in Support re: #7 Proposed Order to Show Cause With Emergency Relief,. Document filed by Ben & Jerry's Homemade, Inc.. (Attachments: #1 Exhibit 1 - Merger Agreement, #2 Exhibit 2 - Shareholders Agreement).(Cohen, Mark)
July 5, 2022 Filing 9 MEMORANDUM OF LAW in Support re: #7 Proposed Order to Show Cause With Emergency Relief, . Document filed by Ben & Jerry's Homemade, Inc...(Cohen, Mark)
July 5, 2022 Filing 8 ELECTRONIC SUMMONS ISSUED as to Conopco, Inc...(jgo)
July 5, 2022 Filing 7 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Ben & Jerry's Homemade, Inc.. Related Document Number: #1 ..(Cohen, Mark) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
July 5, 2022 Filing 6 NOTICE OF APPEARANCE by Drew Dean on behalf of Ben & Jerry's Homemade, Inc...(Dean, Drew)
July 5, 2022 Filing 5 NOTICE OF APPEARANCE by Jeffrey I. Lang on behalf of Ben & Jerry's Homemade, Inc...(Lang, Jeffrey)
July 5, 2022 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Conopco, Inc., re: #1 Complaint,,. Document filed by Ben & Jerry's Homemade, Inc...(Cohen, Mark)
July 5, 2022 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Conopco, Inc., Corporate Parent Unilever PLC. for Ben & Jerry's Homemade, Inc.. Document filed by Ben & Jerry's Homemade, Inc...(Cohen, Mark)
July 5, 2022 Filing 2 CIVIL COVER SHEET filed..(Cohen, Mark)
July 5, 2022 Filing 1 COMPLAINT against Conopco, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26366574)Document filed by Ben & Jerry's Homemade, Inc.. (Attachments: #1 Exhibit A - Merger Agreement, #2 Exhibit B - Shareholders Agreement, #3 Exhibit C - Unilever 2021 Statement, #4 Exhibit D - Zinger v. Ben & Jerry's, #5 Exhibit E - Unilever 2022 Statement, #6 Exhibit F - Why Ben & Jerry's Speaks Out, #7 Exhibit G - Same-Flavor Scoops, #8 Exhibit H - HuffPost Article, #9 Exhibit I - NYT Guest Essay, #10 Exhibit J - Board Resolutions, #11 Exhibit K - Ice Cream Social Excerpts).(Cohen, Mark)
July 5, 2022 Magistrate Judge Sarah L. Cave 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 5, 2022 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #7 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
July 5, 2022 Case Designated ECF. (jgo)
July 5, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mark Stewart Cohen. 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)

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Plaintiff: Ben & Jerry's Homemade, Inc.
Represented By: Daryl Moore
Represented By: Drew Dean
Represented By: Jeffrey I. Lang
Represented By: Joseph Y. Ahmad
Represented By: Shahmeer Alam Halepota
Represented By: Mark Stewart Cohen
Represented By: John Zavitsanos
Represented By: Thomas Frashier
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Defendant: Conopco, Inc.
Represented By: David Robert Shine Kumagai
Represented By: David R Marriott
Represented By: Gary A. Bornstein
Represented By: Yonatan Even
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