Pure Brazilian USA LLC v. Medrick
| Pure Brazilian USA LLC |
| Christine Medrick and Yvette Felix-Tsaboukos |
| 1:2023cv10946 |
| December 18, 2023 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Robyn F Tarnofsky |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 38
ORDER Counsel for the parties are directed to call my Microsoft Teams conference line at the scheduled time. Please dial (646) 453-4442, Access Code: 111 399 381#. By copy of this Order, I am respectfully directing the Clerk of the Court to send a pro se information package to Defendant Felix-Tsaboukos. (And as further set forth herein.) SO ORDERED. Initial Conference set for 3/25/2024 at 11:00 AM before Magistrate Judge Robyn F. Tarnofsky. (Signed by Magistrate Judge Robyn F. Tarnofsky on 2/15/2024) (jca) Transmission to Docket Assistant Clerk for processing.
|
| Filing 37 LETTER MOTION for Extension of Time pursuant to Rule 1(G) of Your Honor's Individual Rules & Practices in Civil Actions addressed to Judge Vernon S. Broderick from Nafiz Cekirge dated February 15, 2024. Document filed by Christine Medrick..(Cekirge, Nafiz) |
|
Filing 35
ORDER denying #19 Letter Motion for Conference re: #19 LETTER MOTION for Conference re interpleader and/or escrow of the funds at issue pending resolution of this case addressed to Magistrate Judge Valerie Figueredo from Andrew D. Bochner dated January 29, 2024. After reviewing the parties' letter briefing (ECF Nos. 19, 24, 31) and for the reasons stated at the conference held on February 13, 2024, Plaintiff's application is DENIED. The Clerk of the Court is respectfully directed to terminate ECF Nos. 19, 24. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 2/13/2024) (jca) Modified on 2/14/2024 (jca).
|
| Filing 34 Minute Entry for proceedings held before Magistrate Judge Robyn F. Tarnofsky: Telephone Conference held on 2/13/2024. (ah) |
| Filing 36 ANSWER to #25 Amended Complaint,. Document filed by Yvette Felix-Tsaboukos.(sc) |
| Filing 33 NOTICE of re Proof of Service re: #32 Order to Show Cause,,,,,,,, Set Deadlines/Hearings,,,,,,,. Document filed by Pure Brazilian USA LLC..(Bochner, Andrew) |
|
Filing 32
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: ORDERED, that the above-named Defendant Christine Medrick show cause before this Court via telephone, using the dial-in 888-363-4749 and the access code 2682448, on March 7, 2024 at 2:00 p.m., as to why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining and restraining her or her agents during the pendency of this action from: (1) purchasing, selling, or otherwise exchanging Plaintiff's products; (2) contacting or otherwise communicating with any of Plaintiff's distributors, servicers, and partners; (3) holding Defendant Medrick out as an owner, distributor, or any other affiliate of Plaintiff, its brand, or its products, and (4) making any statements regarding the quality, availability, or legality of Plaintiffs products. IT IS FURTHER ORDERED that answering papers, if any, shall be filed with the Clerk of this Court and served upon the attorneys for the Plaintiff on or before February 22, 2024. Any reply shall be filed and served by the Plaintiff on or before February 29, 2024. IT IS FURTHER ORDERED that a copy of this Order, together with the papers upon which it is granted, be served upon Defendant Medrick via email to her counsel who have contacted Plaintiff's counsel, to William Igbokwe at will@iwlaws.com and to Thomas Abrams at tabrams@tabramslaw.com, on or before February 14, 2024, and that proof of service shall be filed on the docket by February 15, 2024. SO ORDERED. ( Replies due by 2/29/2024., Telephone Conference set for 3/7/2024 at 02:00 PM before Judge Vernon S. Broderick.) Show Cause Response due by 2/22/2024. (Signed by Judge Vernon S. Broderick on 2/12/2024) (tg)
|
| Filing 31 LETTER RESPONSE to Motion addressed to Magistrate Judge Robyn F. Tarnofsky from Nafiz Cekirge dated February 9, 2024 re: #24 LETTER MOTION for Conference re interpleader and/or escrow of the funds at issue pending resolution of this case addressed to Magistrate Judge Valerie Figueredo from Andrew D. Bochner dated January 31, 2024. . Document filed by Christine Medrick..(Cekirge, Nafiz) |
| Filing 30 NOTICE OF APPEARANCE by Nafiz Cekirge on behalf of Christine Medrick..(Cekirge, Nafiz) |
|
Filing 29
ORDER granting #24 Letter Motion for Conference re: #24 LETTER MOTION for Conference re interpleader and/or escrow of the funds at issue pending resolution of this case addressed to Magistrate Judge Valerie Figueredo from Andrew D. Bochner dated January 31, 2024. By Order of Reference dated February 5, 2024 (ECF 27), Judge Vernon S. Broderick referred this case to Magistrate Judge Valerie Figueredo for general pretrial supervision. On February 6, 2024, that referral was reassigned to me. Accordingly, this action is scheduled for a telephonic conference on February 13, 2024, at 2:00 PM. Counsel for the parties are directed to call my Microsoft Teams conference line at the scheduled time. Please dial (646) 453-4442, Access Code: 524 690 474#. The parties should be prepared to discuss the issues raised in Plaintiff's letter dated January 31, 2024 (ECF 24). SO ORDERED. Telephone Conference set for 2/13/2024 at 02:00 PM before Magistrate Judge Robyn F. Tarnofsky. (Signed by Magistrate Judge Robyn F. Tarnofsky on 2/7/2024) (jca)
|
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #28 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Filing 28 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Pure Brazilian USA LLC. (Attachments: #1 Supplement Declaration [ECF 23-002], #2 Supplement Memorandum of Law [ECF 23-001]) Related Document Number: [ECF 23]..(Bochner, Andrew) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Magistrate Judge Robyn F. Tarnofsky is so redesignated to handle matters that may be referred in this case. (vba) |
| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Robyn F. Tarnofsky, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Valerie Figueredo no longer referred to the case. Motions referred to Robyn F. Tarnofsky. (vba) |
|
Filing 27
ORDER OF REFERENCE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Valerie Figueredo. SO ORDERED. Motions referred to Valerie Figueredo. (Signed by Judge Vernon S. Broderick on 2/05/2024) (ama)
|
|
Filing 26
ORDER: I am in receipt of the motion for a temporary restraining order and preliminary injunction filed by Plaintiff Pure Brazilian USA LLC ("Pure Brazilian"). (Doc. 23.) Accordingly, it is hereby: ORDERED that Pure Brazilian shall file a proposed order to show cause by February 9, 2024, at which point the Court will schedule a hearing and briefing on the motion. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/04/2024) (ama)
|
| Filing 25 SECOND AMENDED COMPLAINT amending #7 Amended Complaint against Yvette Felix-Tsaboukos, Christine Medrick with JURY DEMAND.Document filed by Pure Brazilian USA LLC. Related document: #7 Amended Complaint. (Attachments: #1 Exhibit A).(Bochner, Andrew) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew David Bochner to RE-FILE Document No. #21 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; The attached PDF reflects pleading title "Complaint". Re-file the pleading using the event type Second Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| Filing 24 LETTER MOTION for Conference re interpleader and/or escrow of the funds at issue pending resolution of this case addressed to Magistrate Judge Valerie Figueredo from Andrew D. Bochner dated January 31, 2024. Document filed by Pure Brazilian USA LLC..(Bochner, Andrew) |
| Filing 23 MOTION for Preliminary Injunction against Defendant Christine Medrick. Document filed by Pure Brazilian USA LLC. (Attachments: #1 Supplement Memorandum in Support of Plaintiff's Motion for Preliminary Injunction, #2 Supplement Declaration, #3 Proposed Order Proposed Order).(Bochner, Andrew) |
| Filing 22 NOTICE OF APPEARANCE by Jeremy Michael Doberman on behalf of Pure Brazilian USA LLC..(Doberman, Jeremy) |
| Filing 21 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - SECOND AMENDED COMPLAINT amending #7 Amended Complaint against Yvette Felix-Tsaboukos, Christine Medrick with JURY DEMAND.Document filed by Pure Brazilian USA LLC. Related document: #7 Amended Complaint. (Attachments: #1 Exhibit Exhibit A).(Bochner, Andrew) Modified on 2/1/2024 (vf). |
|
Filing 20
ORDER denying as moot #14 Motion for Preliminary Injunction. Accordingly, Pure Brazilian's Amended Complaint is DISMISSED without prejudice and with leave to replead. Pure Brazilian's motion for a temporary restraining order and preliminary injunction is DENIED as moot. Pure Brazilian has thirty days to file an Amended Complaint that properly asserts subject-matter jurisdiction. If Pure Brazilian fails to submit an Amended Complaint within that time frame, the Clerk of the Court is directed to terminate this action. The Clerk of Court is respectfully directed terminate the motion pending at Doc. 14. (Signed by Judge Vernon S. Broderick on 1/30/2024) (rro)
|
| Filing 19 LETTER MOTION for Conference re interpleader and/or escrow of the funds at issue pending resolution of this case addressed to Magistrate Judge Valerie Figueredo from Andrew D. Bochner dated January 29, 2024. Document filed by Pure Brazilian USA LLC..(Bochner, Andrew) |
| Filing 18 CLERK'S CERTIFICATE OF DEFAULT as to Yvette Felix-Tsaboukos. (tp) |
| Filing 17 AFFIRMATION of Andrew D. Bochner re: #16 Proposed Clerk's Certificate of Default re First Amended Complaint filed on January 2, 2024; Defendant Yvette Felix-Tsaboukos served on 1/3/2024, answer due 1/24/2024. Document filed by Pure Brazilian USA LLC. (Attachments: #1 Supplement Request for Entry of Default).(Bochner, Andrew) |
| Filing 16 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Pure Brazilian USA LLC..(Bochner, Andrew) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Pure Brazilian USA LLC. (Attachments: #1 Supplement Attorney Affirmation, #2 Proposed Order Proposed Order).(Bochner, Andrew) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/26/2024 (tp). |
| Filing 14 MOTION for Preliminary Injunction against Defendant Christine Medrick. Document filed by Pure Brazilian USA LLC. (Attachments: #1 Supplement Memorandum in Support of Plaintiff's Motion for Preliminary Injunction, #2 Supplement Declaration, #3 Proposed Order Proposed Order).(Bochner, Andrew) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Andrew Bochner. RE-FILE Document No. #15 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the documents were not filed separately. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - file the Request for Certificate of Default as an attachment to the Affirmation - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (tp) |
| Filing 13 WAIVER OF SERVICE RETURNED EXECUTED. Christine Medrick waiver sent on 1/4/2024, answer due 3/4/2024. Document filed by Pure Brazilian USA LLC..(Bochner, Andrew) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Yvette Felix-Tsaboukos served on 1/3/2024, answer due 1/24/2024. Service was accepted by Yvette Felix-Tsaboukos. Document filed by Pure Brazilian USA LLC..(Bochner, Andrew) |
| Filing 11 ELECTRONIC AMENDED SUMMONS ISSUED as to Christine Medrick. (vf) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Yvette Felix-Tsaboukos. (vf) |
| Filing 9 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Christine Medrick, re: #7 Amended Complaint. Document filed by Pure Brazilian USA LLC..(Bochner, Andrew) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Yvette Felix-Tsaboukos, re: #7 Amended Complaint. Document filed by Pure Brazilian USA LLC..(Bochner, Andrew) |
| Filing 7 FIRST AMENDED COMPLAINT amending #1 Complaint against Yvette Felix-Tsaboukos, Christine Medrick with JURY DEMAND.Document filed by Pure Brazilian USA LLC. Related document: #1 Complaint..(Bochner, Andrew) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew David Bochner to RE-FILE Document No. #5 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Caption title reads "Complaint". Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Andrew David Bochner to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the wrong event type was used to file the request for issuance of summons; Christine Medrick has been previously been issued a summons and will need a separate Amended Summons. The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. (pc) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Christine Medrick, Yvette Felix-Tsaboukos, re: #5 Amended Complaint. Document filed by Pure Brazilian USA LLC..(Bochner, Andrew) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint against Christine Medrick, Yvette Felix-Tsaboukos with JURY DEMAND.Document filed by Pure Brazilian USA LLC. Related document: #1 Complaint..(Bochner, Andrew) Modified on 1/2/2024 (pc). |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Christine Medrick..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew David Bochner. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Rockland;. (jgo) |
| Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Christine Medrick, re: #1 Complaint. Document filed by Pure Brazilian USA LLC..(Bochner, Andrew) |
| Filing 2 CIVIL COVER SHEET filed..(Bochner, Andrew) |
| Filing 1 COMPLAINT against Christine Medrick. (Filing Fee $ 405.00, Receipt Number ANYSDC-28709260)Document filed by Pure Brazilian USA LLC. (Attachments: #1 Exhibit A).(Bochner, Andrew) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
