Roleo Beverage Corp et al v. Pepsi-Cola Bottling Company of New York, Inc.
| Roleo Beverage Corp and Leonard Costa |
| Pepsi-Cola Bottling Company of New York, Inc. |
| 1:2022cv06921 |
| August 15, 2022 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Contract: Other |
| 28 U.S.C. § 1446 nr Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on September 13, 2022. A more recent docket listing may be available from PACER.
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Filing 30
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/18/2022 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....(McGuirk, Kelly)
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Filing 29
TRANSCRIPT of Proceedings re: CONFERENCE held on 8/18/2022 before Judge Mary Kay Vyskocil. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. 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 10/4/2022. Redacted Transcript Deadline set for 10/14/2022. Release of Transcript Restriction set for 12/12/2022..(McGuirk, Kelly)
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Filing 28
ORDER GRANTING PRELIMINARY INJUNCTION granting #22 Motion to Compel Arbitration; granting #27 Motion for Preliminary Injunction. Accordingly, it is hereby ORDERED that Plaintiffs' motion for a preliminary injunction and Pepsi's motion to compel arbitration are both GRANTED. The Court hereby enjoins Pepsi from terminating the Distributor Agreement, otherwise disrupting Plaintiffs' operation, or disparaging Plaintiffs to any of their vendors or customers. The preliminary injunction will remain in effect until the assigned arbitrator issues a decision, at which point the preliminary injunction will lapse. The Clerk of Court is respectfully requested to terminate the pending motions at docket numbers 22 and 27, and to stay this matter pending arbitration. The parties are hereby ORDERED to file a letter updating the Court on the status of arbitration on November 1, 2022, and every ninety (90) days thereafter, until arbitration has been completed. SO ORDERED.. (Signed by Judge Mary Kay Vyskocil on 9/1/2022) (ks)
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Case Stayed (ks)
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Filing 27
MOTION for Preliminary Injunction Plaintiffs' Motion for a Preliminary Injunction. Document filed by Leonard Costa, Roleo Beverage Corp. (Attachments: #1 Supplement Memorandum of Law in Support of Motion for Preliminary Injunction, #2 Affidavit Affidavit of Leonard Costa, #3 Exhibit Ex. A - Notice of termination, #4 Exhibit Ex. B - Plaintiff letter to Defense disputing termination, #5 Exhibit Ex. C - Letter from Defense response to dispute of termination, #6 Exhibit Ex. D - notifications to Defense of TRO, #7 Exhibit Ex. E - Sample Distributorship Agreement, #8 Affidavit Affirmation under 202.7 that Plaintiffs notified Defense of TRO).(Tucker, Clifford)
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Status Conference held on 8/31/2022. (Court Reporter Kelly Surina) (rz)
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Filing 26
MEMORANDUM OF LAW in Opposition re: #22 MOTION to Compel Arbitration and Stay or Dismiss this Action. PLAINTIFFS MEMORANDUM OF LAW IN PARTIAL OPPOSITION TO DEFENDANTS MOTION TO COMPEL ARBITRATION. Document filed by Leonard Costa, Roleo Beverage Corp..(Tucker, Clifford)
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Filing 25
REPLY MEMORANDUM OF LAW in Support re: #8 FIRST LETTER MOTION for Conference re: #1 Notice of Removal, to confirm Defendant consent to issueance of a Temporary Restraining Order before August 20, 2022 and to request a conference to set a briefing schedule for a preliminary injunction< . Document filed by Leonard Costa, Roleo Beverage Corp..(Tucker, Clifford)
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Filing 24
MEMORANDUM OF LAW in Support re: #22 MOTION to Compel Arbitration and Stay or Dismiss this Action. . Document filed by Pepsi-Cola Bottling Company of New York, Inc...(Brady, Patrick)
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Filing 23
DECLARATION of Patrick G. Brady in Support re: #22 MOTION to Compel Arbitration and Stay or Dismiss this Action.. Document filed by Pepsi-Cola Bottling Company of New York, Inc.. (Attachments: #1 Exhibit 1 - relevant portions of the transcript from the August 18, 2022 conference).(Brady, Patrick)
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Filing 22
MOTION to Compel Arbitration and Stay or Dismiss this Action. Document filed by Pepsi-Cola Bottling Company of New York, Inc...(Brady, Patrick)
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Filing 21
CERTIFICATE OF SERVICE. Document filed by Pepsi-Cola Bottling Company of New York, Inc...(Brady, Patrick)
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Filing 20
MEMORANDUM OF LAW in Opposition re: #8 FIRST LETTER MOTION for Conference re: #1 Notice of Removal, to confirm Defendant consent to issueance of a Temporary Restraining Order before August 20, 2022 and to request a conference to set a briefing schedule for a preliminary injunction< . Document filed by Pepsi-Cola Bottling Company of New York, Inc...(Brady, Patrick)
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Filing 19
AFFIDAVIT of Gilberto Montalvo, Jr. in Opposition re: #8 FIRST LETTER MOTION for Conference re: #1 Notice of Removal, to confirm Defendant consent to issueance of a Temporary Restraining Order before August 20, 2022 and to request a conference to set a briefing schedule for a preliminary injunction<. Document filed by Pepsi-Cola Bottling Company of New York, Inc.. (Attachments: #1 Exhibit 1 - 7.11.2022 Email, #2 Exhibit 2 - Video Footage on USB Flash Drive mailed to Chambers, #3 Exhibit 3 - Video Footage on USB Flash Drive mailed to Chambers, #4 Exhibit 4 - Video Footage on USB Flash Drive mailed to Chambers, #5 Exhibit 5 - Video Footage on USB Flash Drive mailed to Chambers, #6 Exhibit 6 - Video Footage on USB Flash Drive mailed to Chambers, #7 Exhibit 7 - Video Footage on USB Flash Drive mailed to Chambers, #8 Exhibit 8 - Video Footage on USB Flash Drive mailed to Chambers, #9 Exhibit 9 - Video Footage on USB Flash Drive mailed to Chambers, #10 Exhibit 10 - Video Footage on USB Flash Drive mailed to Chambers, #11 Exhibit 11 - Video Footage on USB Flash Drive mailed to Chambers, #12 Exhibit 12 - Video Footage on USB Flash Drive mailed to Chambers, #13 Exhibit 13 - Video Footage on USB Flash Drive mailed to Chambers, #14 Exhibit 14 - Video Footage on USB Flash Drive mailed to Chambers, #15 Exhibit 15 - Video Footage on USB Flash Drive mailed to Chambers).(Brady, Patrick)
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Filing 18
DECLARATION of Andrew Grabois in Opposition re: #8 FIRST LETTER MOTION for Conference re: #1 Notice of Removal, to confirm Defendant consent to issueance of a Temporary Restraining Order before August 20, 2022 and to request a conference to set a briefing schedule for a preliminary injunction<. Document filed by Pepsi-Cola Bottling Company of New York, Inc.. (Attachments: #1 Exhibit 1 - Original Form Distributor Agreement, #2 Exhibit 2 - 1984 Agreement, #3 Exhibit 3 - 1989 Agreement, #4 Exhibit 4 - 2002 Agreement, #5 Exhibit 5 - 2008 Amendment, #6 Exhibit 6 - 2003 Truck Agreement, #7 Exhibit 7 - Notice of Termination, #8 Exhibit 8 - 8.3.22 letter from Plaintiffs' counsel, #9 Exhibit 9 - 8.9.22 letter from PGB to Plaintiffs' counsel).(Brady, Patrick)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to Pepsi-Cola Bottling Company of New York, Inc...(jgo)
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Filing 16
STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned that Defendant Pepsi-Cola Bottling Company of New York, Inc. is enjoined and restrained from: 1. Terminating Plaintiffs' Distributorship and/or the Parties' Distributor Agreement; 2. Impeding, discontinuing, failing to supply or otherwise disrupting Plaintiffs' operation of the Distributorship and/or allowing Plaintiffs to maintain the status quo in operation of the Distributorship; 3. Representing to any vendors or customers of Plaintiffs' Distributorship that it is being terminated, has been terminated or will be terminated or otherwise disrupted or in any way disparaging Plaintiffs. This stipulation will expire on September 2, 2022. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/19/2022) (tg)
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Filing 15
REQUEST FOR ISSUANCE OF SUMMONS as to PEPSI-COLA BOTTLING COMPANY OF NEW YORK, INC, re: #13 Complaint. Document filed by Leonard Costa, Roleo Beverage Corp..(Tucker, Clifford)
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Filing 14
PROPOSED STIPULATION AND ORDER. Document filed by Pepsi-Cola Bottling Company of New York, Inc...(Brady, Patrick)
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Filing 13
COMPLAINT against Pepsi-Cola Bottling Company of New York, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26570040)Document filed by Roleo Beverage Corp, Leonard Costa..(Tucker, Clifford)
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Filing 12
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#14) PROPOSED STIPULATION AND ORDER. Document filed by Leonard Costa, Roleo Beverage Corp..(Tucker, Clifford) Modified on 8/19/2022 (lb).
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Filing 11
SCHEDULING ORDER: Accordingly, IT IS HEREBY ORDERED that Plaintiffs' request for a temporary restraining order in this matter is denied as moot. IT IS FURTHER ORDERED that Plaintiff shall file a complaint in this matter on or before August 19, 2022 at 12:00pm. The Plaintiff is on notice that a complaint is a pre-requisite to maintaining a cause of action in federal court, and injunctive relief may not issue absent an underlying complaint and cause of action. See Fed. R. Civ. P. 3. ("A civil action is commenced by filing a complaint with the court."); see also Stewart v. United States I.N.S., 762 F.2d 193, 198-199 (2d Cir. 1985) (preliminary injunctive relief may be obtained "[o]nly after an action has been commenced"); Greene v. Phila. Hous. Auth., 789 F. Supp. 2d 582, 585-86 (E.D. Pa. 2011) ("In the absence of a complaint requesting particular relief, and setting out the basis for jurisdiction, the Court lacks the jurisdiction to grant either a temporary restraining order or a preliminary injunction") (collecting cases). IT IS FURTHER ORDERED that the Parties shall appear for a hearing on Plaintiffs' motion for a preliminary injunction on August 31, 2022 at 3:00pm. Defendant's opposition to the motion shall be filed on or before August 23, 2022. Plaintiffs' reply shall be filed on or before August 26, 2022 at 12:00pm. At the hearing, the Defendant sought leave to file a motion to compel arbitration. The Court granted Defendant leave to file a motion to compel. Plaintiffs advised that they do not oppose arbitration. IT IS HEREBY ORDERED, to the extent that the Parties are unable to stipulate to arbitrate the merits of Plaintiffs' claims, Defendant shall file any motion to compel arbitration by August 25, 2022. Plaintiffs shall file any reply to the motion to compel by August 26, 2022 at 12:00pm. SO ORDERED. Amended Pleadings due by 8/19/2022. Motions due by 8/25/2022. Responses due by 8/23/2022 Replies due by 8/26/2022. Status Conference set for 8/31/2022 at 03:00 PM before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 8/18/2022) (tg)
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Filing 10
PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Leonard Costa, Roleo Beverage Corp..(Tucker, Clifford) Proposed Order to be reviewed by Clerk's Office staff.
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Status Conference held on 8/18/2022. (Court Reporter Kristen Carannante) (rz)
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***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #10 Proposed Temporary Restraining Order was reviewed and approved as to form. (km)
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Filing 9
SCHEDULING ORDER granting #8 Letter Motion for Conference re: #8 FIRST LETTER MOTION for Conference re: #1 Notice of Removal, to confirm Defendant consent to issueance of a Temporary Restraining Order before August 20, 2022 and to request a conference to set a briefing schedule for a preliminary injunction<. The Court is in receipt of a letter motion filed by Plaintiffs Roleo Beverage Corp. and Leonard Costa seeking a conference in this matter [ECF No. 8]. The Parties are directed to appear for a conference at 12:00pm on August 18, 2022. The conference will take place in Courtroom 18C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007. In the submission filed with the Court, Plaintiffs represent that the Defendant Pepsi-Cola Bottling Company of New York, Inc. consents to a temporary restraining order ("TRO") in this case. Accordingly, it is HEREBY ORDERED that the Parties shall file any consent TRO by 10:00am on August 18, 2022. SO ORDERED. Status Conference set for 8/18/2022 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 8/17/2022) (tg)
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Filing 8
FIRST LETTER MOTION for Conference re: #1 Notice of Removal, to confirm Defendant consent to issueance of a Temporary Restraining Order before August 20, 2022 and to request a conference to set a briefing schedule for a preliminary injunction addressed to Judge Mary Kay Vyskocil from Clifford Tucker, counsel for Leonard Costa dated August 17, 2022. Document filed by Leonard Costa, Roleo Beverage Corp. (Attachments: #1 Exhibit Ex. A - Order to Show Cause for TRO and Preliminary Injunction).(Tucker, Clifford)
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Filing 7
NOTICE OF APPEARANCE by James Joseph Sawczyn on behalf of Pepsi-Cola Bottling Company of New York, Inc...(Sawczyn, James)
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Filing 6
NOTICE OF APPEARANCE by Patrick G. Brady on behalf of Pepsi-Cola Bottling Company of New York, Inc...(Brady, Patrick)
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Filing 5
CIVIL COVER SHEET filed..(Brady, Patrick)
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Filing 4
NOTICE OF APPEARANCE by Clifford Ryan Tucker on behalf of Leonard Costa, Roleo Beverage Corp..(Tucker, Clifford)
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Case Designated ECF. (pc)
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Magistrate Judge Jennifer Willis 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. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Patrick G. Brady to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple citizenships for the plaintiff were selected. Only choose one for the first listed plaintiff;. 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.. (pc)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pepsi-Cola Bottling Company of New York, Inc...(Brady, Patrick)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Brady, Patrick) Modified on 8/16/2022 (pc).
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 811845/2022E. (Filing Fee $ 402.00, Receipt Number ANYSDC-26546940).Document filed by Pepsi-Cola Bottling Company of New York, Inc.. (Attachments: #1 Exhibit A - Summons with Notice and a Proposed Order to Show Cause with Temporary Restraining Order).(Brady, Patrick)
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