Clark et al v. BRC Inc. et al
| John Brian Clark, JBC Structured Products LLC and Marathon Capital LLC |
| BRC Inc. and Black Rifle Coffee Company LLC |
| 1:2023cv05340 |
| June 22, 2023 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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Filing 15
ORDER granting #14 Letter Motion for Extension of Time to Answer re #14 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Byron Pacheco dated 07/05/2023., #1 Complaint. GRANTED. SO ORDERED. BRC Inc. answer due 9/25/2023; Black Rifle Coffee Company LLC answer due 9/25/2023. (Signed by Judge Analisa Torres on 7/6/2023) (rro)
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| Filing 14 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Byron Pacheco dated 07/05/2023. Document filed by BRC Inc., Black Rifle Coffee Company LLC..(Pacheco, Byron) |
| Filing 13 NOTICE OF APPEARANCE by Byron De Angelo Mille Pacheco on behalf of BRC Inc., Black Rifle Coffee Company LLC..(Pacheco, Byron) |
| Filing 12 NOTICE OF APPEARANCE by Stefan H. Atkinson on behalf of BRC Inc., Black Rifle Coffee Company LLC..(Atkinson, Stefan) |
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Filing 11
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 6/27/2023) (jca)
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Filing 10
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by August 21, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. If this case has been settled or otherwise terminated, counsel are required to file a stipulation of discontinuance, voluntary dismissal, or other proof of termination electronically on ECF, with a courtesy copy emailed to chambers in accordance with the Court's Individual Practices. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 6/27/2023) (jca)
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Filing 9
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by August 21, 2023, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 6/27/2023) (jca)
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| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-03476-RWL. Notice of Assignment to follow. (sgz) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (sgz) |
| Magistrate Judge Robert W. Lehrburger 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. (sgz) |
| Filing 8 CIVIL COVER SHEET filed..(Federman, William) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Black Rifle Coffee Company LLC..(gp) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to BRC Inc...(gp) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William Bernard Federman. The party information for the following party/parties has been modified: BRC Inc. and Black Rifle Coffee Company LLC. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney William Bernard Federman to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Courthouse Assignment was not selected and missing signature.Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (gp) |
| Case Designated ECF. (gp) |
| CASE REFERRED TO Judge Analisa Torres as possibly related to 1:22-cv-3476. (gp) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Black Rifle Coffee Company LLC, re: #1 Complaint,. Document filed by John Brian Clark, JBC Structured Products LLC, Marathon Capital LLC..(Federman, William) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to BRC Inc., re: #1 Complaint,. Document filed by John Brian Clark, JBC Structured Products LLC, Marathon Capital LLC..(Federman, William) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:22-cv-03476-AT. Document filed by John Brian Clark, JBC Structured Products LLC, Marathon Capital LLC..(Federman, William) |
| Filing 2 FILING ERROR - PDF ERROR CIVIL COVER SHEET filed..(Federman, William) Modified on 6/23/2023 (gp). |
| Filing 1 COMPLAINT against BRC Inc., Black Rifle Coffee Company LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27910024)Document filed by John Brian Clark, Marathon Capital LLC, JBC Structured Products LLC. (Attachments: #1 Exhibit Warrant Agreement, #2 Exhibit Opinion Letter, #3 Exhibit Email re: Warrants Exercisable 3/11/22, #4 Exhibit Email re: Form S-1, #5 Errata Redemption Notice, #6 Errata Expert Report to Related Case).(Federman, William) |
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