Willman v. Whole Foods Market Group, Inc.
Plaintiff: Barry Willman
Defendant: Whole Foods Market Group, Inc.
Case Number: 1:2023cv04980
Filed: June 13, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity Action
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 28, 2023 Filing 17 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 against the defendant(s) Whole Foods Market Group, Inc.. Document filed by Barry Willman. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Roberts, Max)
July 10, 2023 Opinion or Order Filing 16 MEMO ENDORSEMENT on re: #15 Letter Response to Defendants' Request for Pre-Motion Conference filed by Barry Willman. ENDORSEMENT : The Court is in receipt of Defendant's pre-motion letter regarding its anticipated motion to dismiss filed on July 6, 2023, and Plaintiff's above response indicating its desire to file an amended complaint. The Court agrees with Plaintiff that a pre-motion conference would be premature in light of its intention to file an amended complaint. Following the filing of the amended complaint, Defendant may file either its answer or an amended pre-motion letter regarding an anticipated motion to dismiss on or before August 11, 2023. SO ORDERED., (Whole Foods Market Group, Inc. answer due 8/11/2023.) (Signed by Judge Katherine Polk Failla on 7/10/23) (yv)
July 7, 2023 Filing 15 LETTER addressed to Judge Katherine Polk Failla from Max S. Roberts, Esq. dated July 7, 2023 re: Response to Defendants' Request for Pre-Motion Conference. Document filed by Barry Willman..(Roberts, Max)
July 6, 2023 Filing 14 LETTER addressed to Judge Katherine Polk Failla from David P. Adams dated July 7, 2023 re: Pre-Motion Conference. Document filed by Whole Foods Market Group, Inc...(Adams, David)
June 30, 2023 Opinion or Order Filing 13 ORDER FOR ADMISSION PRO HAC VICE granting #12 MOTION for David P. Adams to Appear Pro Hac Vice. The motion of David P. Adams, for admission to practice Pro Hac Vice in the above captioned action is granted. The Clerk of Court is directed to terminate the pending motion at docket number 12. (Signed by Judge Katherine Polk Failla on 6/30/2023) (jca)
June 30, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for David P. Adams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27943702. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (dsh)
June 29, 2023 Filing 12 MOTION for David P. Adams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27943702. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Whole Foods Market Group, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Adams Pro Hac Admission, #2 Affidavit of David Adams, #3 Exhibit Certificate of Good Standing).(Adams, David)
June 29, 2023 Opinion or Order Filing 11 ORDER FOR ADMISSION PRO HAC VICE granting #9 Motion for J.T. Wells Blaxter to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion at docket number 9. (Signed by Judge Katherine Polk Failla on 6/29/2023) (rro)
June 29, 2023 Opinion or Order Filing 10 ORDER FOR ADMISSION PRO HAC VICE granting #7 Motion for Brian R. Blackman to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion at docket number 7. (Signed by Judge Katherine Polk Failla on 6/29/2023) (rro)
June 29, 2023 Filing 9 MOTION for James Turner Wells Blaxter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27940058. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Whole Foods Market Group, Inc.. (Attachments: #1 Affidavit Affidavit of J.T. Wells Blaxter, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order - Proposed Order).(Blaxter, Wells)
June 29, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for James Turner Wells Blaxter to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-27940058. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va)
June 29, 2023 Pro Hac Vice Fee Due: for #8 MOTION for James Turner Wells Blaxter to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. (va)
June 29, 2023 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. #8 MOTION for James Turner Wells Blaxter 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): the filing fee was not paid. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (va)
June 28, 2023 Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for James Turner Wells Blaxter to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Whole Foods Market Group, Inc.. (Attachments: #1 Affidavit Affidavit of J.T. Wells Blaxter, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order - Proposed Order).(Blaxter, Wells) Modified on 6/29/2023 (va).
June 28, 2023 Filing 7 MOTION for Brian R. Blackman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27936268. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Whole Foods Market Group, Inc.. (Attachments: #1 Affidavit of Brian Blackman, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Blackman, Brian)
June 28, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Brian R. Blackman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27936268. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
June 23, 2023 Filing 6 SUMMONS RETURNED EXECUTED. Whole Foods Market Group, Inc. served on 6/16/2023, answer due 7/7/2023. Document filed by Barry Willman..(Roberts, Max)
June 22, 2023 Opinion or Order Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on August 25, 2023, at 2:30 p.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Initial Conference set for 8/25/2023 at 02:30 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 6/22/2023) (rro)
June 14, 2023 Filing 4 ELECTRONIC SUMMONS ISSUED as to Whole Foods Market Group, Inc...(pc)
June 14, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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)
June 14, 2023 Magistrate Judge Stewart D. Aaron 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)
June 14, 2023 Case Designated ECF. (pc)
June 13, 2023 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Whole Foods Market Group, Inc., re: #1 Complaint. Document filed by Barry Willman..(Roberts, Max)
June 13, 2023 Filing 2 CIVIL COVER SHEET filed..(Roberts, Max)
June 13, 2023 Filing 1 COMPLAINT against Whole Foods Market Group, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27869187)Document filed by Barry Willman..(Roberts, Max)

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Plaintiff: Barry Willman
Represented By: Max Stuart Roberts
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Defendant: Whole Foods Market Group, Inc.
Represented By: Brian Richard Blackman
Represented By: David Philip Adams
Represented By: Wells Blaxter
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