Kavasutra 6th Street, Inc. et al v. Adams et al
| Kavasutra 6th Street, Inc. and Kavasutra 10th Street, Inc. |
| Eric Adams, as Mayor of the City of New York, CITY OF NEW YORK, Ashwin Vasan, as Commissioner of the New York City Department of Health and Mental Hygiene, NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, Eric Adams and Commissioner Ashwin Vasan |
| 1:2023cv06359 |
| July 21, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Civil Rights: Other |
| 28 U.S.C. § 1331 cv Fed. Question: Other Civil Rights |
| Plaintiff |
Docket Report
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Filing 28
ORDER denying as moot #17 Motion to Dismiss. IT IS HEREBY ORDERED that Defendants' motion to dismiss the complaint, Dkt. 17, is DENIED as moot. The Court reminds the parties that, as per the Court's August 23, 2023, order, the parties must appear for a status conference on Friday, November 3, 2023 at 10:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. The parties must submit a joint letter in advance of the conference by no later than October 26, 2023. For requirements of the joint letter, please see docket entry 25. The Clerk of Court is respectfully directed to terminate the open motion at docket entry 17. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/15/2023) (tg)
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| Filing 27 ANSWER to #26 Amended Complaint,. Document filed by Eric Adams, City of New York, New York City Department of Health and Mental Hygiene, Ashwin Vasan..(Schonfeld, Samantha) |
| Filing 26 AMENDED COMPLAINT amending #1 Complaint, against Eric Adams, City of New York, New York City Department of Health and Mental Hygiene, Ashwin Vasan with JURY DEMAND.Document filed by Kavasutra 6th Street, Inc., Kavasutra 10th Street, Inc.. Related document: #1 Complaint,..(Murray, Christopher) |
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Filing 25
ORDER IT IS HEREBY ORDERED that, as discussed at the conference, Plaintiffs' motion for a PI is taken under advisement. IT IS FURTHER ORDERED that Plaintiffs' deadline to amend the complaint or oppose the motion to dismiss is September 1, 2023. If Plaintiffs amend the Complaint and Defendants again move to dismiss, then the standard briefing schedule set forth in S.D.N.Y. Local Civil Rule 6. 1(b) shall apply (as stated in Rule 4(E) of the Undersigneds Individual Practices). IT IS FURTHER ORDERED that the deadline to complete fact discovery is October 31, 2023; the deadline to complete expert discovery is December 31, 2023. IT IS FURTHER ORDERED that the parties must appear for a status conference on Friday, November 3, 2023 at 10:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. The parties must submit a joint letter in advance of the conference by no later than October 26, 2023, which sets forth, in separate paragraphs: 1. a statement of all existing deadlines, due dates, and/or cut-off dates; 2. a brief description of any outstanding motions; 3. a brief description of the status of discovery and of any additional discovery that needs to be completed; 4. a statement describing the status of any settlement discussions and whether the parties would like a settlement conference; 5. a statement of the anticipated length of trial and whether the case is to be tried to a jury; 6. a statement of whether any party anticipates filing a motion for summary judgment or a motion to exclude expert testimony; 7. any other issue that the parties would like to address at the pretrial conference; and 8. any other information that the parties believe may assist the Court in advancing the case to settlement or trial. The parties may, at any time, submit a joint letter requesting a referral for a settlement conference with the assigned Magistrate Judge. SO ORDERED. (Amended Pleadings due by 9/1/2023., Expert Discovery due by 12/31/2023., Fact Discovery due by 10/31/2023., Responses due by 9/1/2023, Status Conference set for 11/3/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 8/23/2023) (jca)
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Oral Argument held on 8/23/2023. Attorneys Christopher Murray and Ira Shapiro present for the plaintiffs. Attorneys Samantha Schonfeld and Genan Zilkha present for the defendants. Court Reporter Pamela Utter present. (anc) |
| Filing 24 LETTER addressed to Judge Valerie E. Caproni from E. Christopher Murray dated Aug. 22, 2023 re: Copy of Decision on legality of selling Kava in NYC. Document filed by Kavasutra 10th Street, Inc., Kavasutra 6th Street, Inc.. (Attachments: #1 Exhibit Decision of NYC's Office of Adminitrative Trials and Hearings).(Murray, Christopher) |
| Filing 23 NOTICE OF APPEARANCE by Ira Steven Shapiro on behalf of Kavasutra 10th Street, Inc., Kavasutra 6th Street, Inc...(Shapiro, Ira) |
| Filing 22 REPLY MEMORANDUM OF LAW in Opposition re: #17 CROSS MOTION to Dismiss the Complaint. and in Further Support of Plaintiffs' motion for Preliminary Injunction. Document filed by Kavasutra 10th Street, Inc., Kavasutra 6th Street, Inc...(Murray, Christopher) |
| Filing 21 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/26/2023 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) |
| Filing 20 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/26/2023 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Amy Walker, (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 9/1/2023. Redacted Transcript Deadline set for 9/11/2023. Release of Transcript Restriction set for 11/9/2023..(McGuirk, Kelly) |
| Filing 19 MEMORANDUM OF LAW in Support re: #17 CROSS MOTION to Dismiss the Complaint. . Document filed by Eric Adams, City of New York, New York City Department of Health and Mental Hygiene, Ashwin Vasan..(Schonfeld, Samantha) |
| Filing 18 DECLARATION of Samantha Schonfeld in Support re: #17 CROSS MOTION to Dismiss the Complaint.. Document filed by Eric Adams, City of New York, New York City Department of Health and Mental Hygiene, Ashwin Vasan. (Attachments: #1 Exhibit Ex A --Plaintiffs' Complaint, #2 Exhibit Ex B--2020 FDA Memorandum, #3 Exhibit Ex C--November 16, 2022 Embargo Order, #4 Exhibit Ex D--Summons No. 1437222F1, #5 Exhibit Ex E--July 13, 2023 Closing Order, #6 Exhibit Ex F--Summons No. 09180-23F0, #7 Exhibit Ex G--July 26, 2023 Order to Cease and Desist, #8 Exhibit Ex H--DOHMH Inspection Report dated September 17, 2018, #9 Exhibit Ex I--Summons No. 0009023F0, #10 Exhibit Ex J--Commissioner Order dated January 11, 2023, #11 Exhibit Ex K--Summons No. 0876623F0, #12 Exhibit Ex L--July 12, 2023 Closing Order, #13 Exhibit Ex M--Summons No. 09177-23F0, #14 Exhibit Ex N--Oath Petition).(Schonfeld, Samantha) |
| Filing 17 CROSS MOTION to Dismiss the Complaint. Document filed by Eric Adams, City of New York, New York City Department of Health and Mental Hygiene, Ashwin Vasan..(Schonfeld, Samantha) |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 7/26/2023. Attorney Christopher Murray present for the plaintiff. Attorneys Samantha Schonfeld and Genan Zikha present for the defendants. Court Reporter Amy Walker present. (anc) |
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Filing 16
ORDER: IT IS HEREBY ORDERED that, for the reasons discussed at the hearing, Plaintiffs' request for a TRO is DENIED. IT IS FURTHER ORDERED that Defendants' deadline to oppose the Motion is August 9, 2023; Plaintiffs' reply is due no later than August 16, 2023. Oral argument will be held on August 23, 2023, at 2:30 in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. ( Responses due by 8/9/2023, Replies due by 8/16/2023., Oral Argument set for 8/23/2023 at 02:30 PM in Courtroom 443, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 7/24/2023) (vfr)
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| Filing 15 NOTICE OF APPEARANCE by Genan Faye Zilkha on behalf of Eric Adams, City of New York, New York City Department of Health and Mental Hygiene, Ashwin Vasan..(Zilkha, Genan) |
| Filing 14 NOTICE OF APPEARANCE by Christopher E Murray on behalf of Kavasutra 10th Street, Inc., Kavasutra 6th Street, Inc...(Murray, Christopher) |
| Filing 13 NOTICE OF APPEARANCE by Samantha Michelle Schonfeld on behalf of Eric Adams, City of New York, New York City Department of Health and Mental Hygiene, Ashwin Vasan..(Schonfeld, Samantha) |
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Filing 12
ORDER, IT IS HEREBY ORDERED that the parties must appear for a hearing on the request for a TRO on Wednesday, July 26, 2023 at 3:30 p.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. SO ORDERED. ( Status Conference set for 7/26/2023 at 03:30 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 7/24/23) (yv)
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| Filing 11 ELECTRONIC SUMMONS ISSUED as to Eric Adams, City of New York, New York City Department of Health and Mental Hygiene, Ashwin Vasan. (vf) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to ERIC ADAMS, as Mayor of the City of New York; CITY OF NEW YORK; ASHWIN VASAN, as Commissioner of the New York City Department of Health and Mental Hygiene; and NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, re: #1 Complaint,. Document filed by Kavasutra 10th Street, Inc., Kavasutra 6th Street, Inc...(Murray, Christopher) |
| Filing 9 MEMORANDUM OF LAW in Support re: #6 Proposed Order to Show Cause With Emergency Relief, Plaintiffs' Memorandum of Law in Support of Application for a Temporary Restraining Order and Preliminary Injunction. Document filed by Kavasutra 10th Street, Inc., Kavasutra 6th Street, Inc...(Murray, Christopher) |
| Filing 8 DECLARATION of Michael Klein in Support re: #6 Proposed Order to Show Cause With Emergency Relief,. Document filed by Kavasutra 10th Street, Inc., Kavasutra 6th Street, Inc.. (Attachments: #1 Exhibit 1 - Complaint filed by Plaintiff July 21, 2023, #2 Exhibit 2 - Kava featured on the American Samoa Quarter issued by U.S. Mint, #3 Exhibit 3 - World Health Organization Technical Report, #4 Exhibit 4 - Office of Administrative Trials and Hearings Decision Summons No. 14372-22F0, #5 Exhibit 5 - Notice and Order of Embargo, #6 Exhibit 6 - Renewal License as to Kavasutra 10th Street Inc, #7 Exhibit 7 - Summons and Closure Order issued July 13, 2023).(Murray, Christopher) |
| Filing 7 DECLARATION of E. Christopher Murray in Support re: #6 Proposed Order to Show Cause With Emergency Relief,. Document filed by Kavasutra 10th Street, Inc., Kavasutra 6th Street, Inc...(Murray, Christopher) |
| Filing 6 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Kavasutra 10th Street, Inc., Kavasutra 6th Street, Inc...(Murray, Christopher) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kavasutra 10th Street, Inc., Kavasutra 6th Street, Inc...(Murray, Christopher) |
| Filing 4 NOTICE OF APPEARANCE by Elizabeth S Sy on behalf of Kavasutra 10th Street, Inc., Kavasutra 6th Street, Inc...(Sy, Elizabeth) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher E Murray. The party information for the following party/parties has been modified: Eric Adams, as Mayor of the City of New York; CITY OF NEW YORK; Ashwin Vasan, as Commissioner of the New York City Department of Health and Mental Hygiene; NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party name was modified to add party text separately. (jgo) |
| 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. (jgo) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #6 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (nd) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher E Murray to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant Party Name Error. Defendant party name listed on Summons does not correspond exactly to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 3 FILING ERROR - DEFICIENT- SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to ERIC ADAMS, as Mayor of the City of New York; CITY OF NEW YORK; ASHWIN VASAN, as Commissioner of the New York City Department of Health and Mental Hygiene; and NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, re: #1 Complaint,. Document filed by Kavasutra 10th Street, Inc., Kavasutra 6th Street, Inc...(Murray, Christopher) Modified on 7/24/2023 (vf). |
| Filing 2 CIVIL COVER SHEET filed..(Murray, Christopher) |
| Filing 1 COMPLAINT against Ashwin Vasan, as Commissioner of the New York City Department of Health and Mental Hygiene, CITY OF NEW YORK, Eric Adams, as Mayor of the City of New York, NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE. (Filing Fee $ 402.00, Receipt Number ANYSDC-28037997)Document filed by Kavasutra 6th Street, Inc., Kavasutra 10th Street, Inc...(Murray, Christopher) |
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