Null et al v. Bank Of America Corporation
| Gary Null, Ph.D, Gary Null's Uptown Whole Foods, Inc, Gary's Health Choices, Inc, and Health and Nutrition in Texas, Inc, Gary's Health Choices, Inc. and Health and Nutrition in Texas, Inc. |
| Bank Of America Corporation |
| 1:2023cv08343 |
| September 20, 2023 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 AMENDED MEMORANDUM OF LAW in Opposition re: #20 MOTION to Dismiss / DEFENDANT'S NOTICE OF MOTION TO DISMISS PLAINTIFF'S COMPLAINT. . Document filed by Gary Null's Uptown Whole Foods, Inc, Gary's Health Choices, Inc., Health and Nutrition in Texas, Inc., Gary Null, Ph.D..(Ayers, Lila) |
| Filing 28 MEMORANDUM OF LAW in Opposition re: #20 MOTION to Dismiss / DEFENDANT'S NOTICE OF MOTION TO DISMISS PLAINTIFF'S COMPLAINT. . Document filed by Gary Null's Uptown Whole Foods, Inc, Gary's Health Choices, Inc., Health and Nutrition in Texas, Inc., Gary Null, Ph.D..(Ayers, Lila) |
| Filing 27 DECLARATION of Lila Ayers, Esq. in Opposition re: #20 MOTION to Dismiss / DEFENDANT'S NOTICE OF MOTION TO DISMISS PLAINTIFF'S COMPLAINT.. Document filed by Gary Null's Uptown Whole Foods, Inc, Gary's Health Choices, Inc., Health and Nutrition in Texas, Inc., Gary Null, Ph.D. (Attachments: #1 Exhibit 1 Amended Verified Complaint, #2 Exhibit 2 Sample checks, #3 Exhibit 3 Wiig Article).(Ayers, Lila) |
Filing 26
ORDER: The parties are directed to promptly submit their proposed case management plan, which was due three business days before the Initial Pretrial Conference scheduled for Monday, November 20, 2023. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (sc)
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| Filing 25 FIRST AMENDED COMPLAINT against All Plaintiffs with JURY DEMAND.Document filed by Gary Null, Ph.D, Gary's Health Choices, Inc., Health and Nutrition in Texas, Inc., Gary Null's Uptown Whole Foods, Inc..(Ayers, Lila) |
| Filing 24 LETTER addressed to Judge J. Paul Oetken from Lila Ayers, Esq. dated 11/14/2023 re: Amendment of Complaint in Response to Defendant's Motion to Dismiss. Document filed by Gary Null's Uptown Whole Foods, Inc, Gary's Health Choices, Inc., Health and Nutrition in Texas, Inc., Gary Null, Ph.D..(Ayers, Lila) |
| Filing 23 CERTIFICATE OF SERVICE. Document filed by Bank Of America Corporation..(Massand, Shan) |
| Filing 22 DECLARATION of Shan P. Massand in Support re: #20 MOTION to Dismiss / DEFENDANT'S NOTICE OF MOTION TO DISMISS PLAINTIFF'S COMPLAINT.. Document filed by Bank Of America Corporation. (Attachments: #1 Exhibit A Summons and Complaint).(Massand, Shan) |
| Filing 21 MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss / DEFENDANT'S NOTICE OF MOTION TO DISMISS PLAINTIFF'S COMPLAINT. . Document filed by Bank Of America Corporation..(Massand, Shan) |
| Filing 20 MOTION to Dismiss / DEFENDANT'S NOTICE OF MOTION TO DISMISS PLAINTIFF'S COMPLAINT. Document filed by Bank Of America Corporation..(Massand, Shan) |
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time to Answer: Granted. Defendant shall move, answer, or otherwise respond to the Complaint on or before November 13, 2023. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (sc)
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| Filing 18 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, addressed to Judge J. Paul Oetken from Shan P. Massand dated 10/30/2023. Document filed by Bank Of America Corporation..(Massand, Shan) |
| Filing 17 CERTIFICATE OF SERVICE. Document filed by Bank Of America Corporation..(Massand, Shan) |
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time to Answer: Granted. Defendant shall move, answer, or otherwise respond to the Complaint on or before October 27, 2023. The Initial Conference by telephone, previously scheduled for October 19, 2023, is adjourned to Monday, November 20, 2023 at 2:30 P.M. Counsel should call (888) 557-8511 at the scheduled time. The access code is 9300838. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. Members of the public may join but are instructed to place their phones on mute. The parties shall submit a copy of the completed Civil Case Management Plan and Scheduling Order form on ECF on or before November 15, 2023. A copy of the proposed case management plan should also be emailed to chambers at OetkenNYSDchambers@nysd.uscourts.gov. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (sc)
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| Filing 15 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, addressed to Judge J. Paul Oetken from Shan P. Massand dated September 27, 2023. Document filed by Bank Of America Corporation..(Massand, Shan) |
| Filing 14 DEMAND for Trial by Jury. Document filed by Gary Null, Ph.D.(Ayers, Lila) |
| Filing 13 DEMAND for Trial by Jury. Document filed by Health and Nutrition in Texas, Inc..(Ayers, Lila) |
| Filing 12 DEMAND for Trial by Jury. Document filed by Gary's Health Choices, Inc..(Ayers, Lila) |
| Filing 11 DEMAND for Trial by Jury. Document filed by Gary Null's Uptown Whole Foods, Inc.(Ayers, Lila) |
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Filing 10
ORDER: This case was removed from New York Supreme Court, New York County, on September 20, 2023. Counsel for the plaintiffs is directed to file an appearance with this Court no later than October 12, 2023. Counsel for the defendant shall serve a copy of this order on counsel for the plaintiffs by October 5, 2023. Counsel for all parties are directed to appear telephonically for an initial pretrial conference with the Court on October 19, 2023 at 12:00 p.m. Counsel should call (888) 557-8511 at the scheduled time. The access code is 9300838. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. Members of the public may join but are instructed to place their phones on mute. Initial Conference set for 10/19/2023 at 12:00 PM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 9/22/2023) (ate)
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| Filing 9 NOTICE OF APPEARANCE by Lila Ayers on behalf of Gary Null, Ph.D..(Ayers, Lila) |
| Filing 8 NOTICE OF APPEARANCE by Lila Ayers on behalf of Health and Nutrition in Texas, Inc...(Ayers, Lila) |
| Filing 7 NOTICE OF APPEARANCE by Lila Ayers on behalf of Gary's Health Choices, Inc...(Ayers, Lila) |
| Filing 6 NOTICE OF APPEARANCE by Lila Ayers on behalf of Gary Null's Uptown Whole Foods, Inc..(Ayers, Lila) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Shan P. Massand. The party information for the following party/parties has been modified: Gary's Health Choices, Inc. and Health and Nutrition in Texas, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (gp) |
| Filing 5 CIVIL COVER SHEET filed..(Massand, Shan) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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) |
| Case Designated ECF. (pc) |
| 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Shan P. Massand. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Shan P. Massand to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple citizenships for the defendant were selected. Choose one for the first listed defendant. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) |
| Filing 4 CERTIFICATE OF SERVICE. Document filed by Bank Of America Corporation..(Massand, Shan) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Massand, Shan) Modified on 9/21/2023 (pc). |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Berkshire Hathaway Inc., for Bank Of America Corporation. Document filed by Bank Of America Corporation..(Massand, Shan) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court New York, County of New York County. Case Number: 654000/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-28318155).Document filed by Bank Of America Corporation. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Notice of Filing).(Massand, Shan) |
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