Alta Partners, LLC v. BRC Inc.
| Alta Partners, LLC |
| BRC Inc. |
| 1:2024cv03741 |
| May 15, 2024 |
| U.S. District Court for the Southern District of New York |
| Robert W Lehrburger |
| Analisa Torres |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 23 LETTER addressed to Judge Analisa Torres from Jason D. Sternberg dated 7/11/2024 re: Request for a briefing schedule. Document filed by BRC Inc...(Sternberg, Jason) |
Filing 22
ORDER granting #16 Motion for David Nabors to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ks)
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| Filing 21 LETTER addressed to Judge Analisa Torres from Max Tanner and Jason Sternberg dated June 12, 2024 re: May 29, 2024 Order. Document filed by Alta Partners, LLC..(Tanner, Robert) |
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Filing 20
ORDER FOR ADMISSION PRO HAC VICE granting #18 Motion for Nicholas Inns to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Magistrate Judge Robert W. Lehrburger on 6/7/2024) (mml)
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Filing 19
ORDER FOR ADMISSION PRO HAC VICE granting #15 Motion for Jason Sternberg to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Magistrate Judge Robert W. Lehrburger on 6/7/2024) (mml) Modified on 6/7/2024 (mml).
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Nicholas Inns to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29452713. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
| Filing 18 MOTION for Nicholas Inns to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29452713. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BRC Inc.. (Attachments: #1 Affidavit (Declaration) of Nicholas Inns in Support,, #2 Exhibit / Certificate of Good Standing with the Supreme Judicial Court of the Commonwealth of Massachusetts, #3 Exhibit / Certificate of Good Standing for the District of Columbia, #4 Proposed Order for Pro Hac Vice Admission).(Inns, Nicholas) |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nicholas Inns to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29452713. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BRC Inc.. (Attachments: #1 Affidavit (Declaration) of Nicholas Inns in Support, #2 Exhibit Certificate of Good Standing with the Supreme Judicial Court of the Commonwealth of Massachusetts, #3 Proposed Order for Pro Hac Vice Admission).(Inns, Nicholas) Modified on 6/6/2024 (rju). |
| Filing 16 MOTION for David Nabors to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29452575. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BRC Inc.. (Attachments: #1 Affidavit (Declaration) of David Nabors in Support, #2 Exhibit Certificate of Good Standing with the Supreme Court of the State of Florida, #3 Proposed Order for Pro Hac Vice Admission).(Nabors, David) |
| Filing 15 MOTION for Jason Sternberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29452408. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BRC Inc.. (Attachments: #1 Affidavit (Declaration) of Jason Sternberg in Support, #2 Exhibit Certificate of Good Standing with the Supreme Court of the State of Florida, #3 Proposed Order for Pro Hac Vice Admission).(Sternberg, Jason) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #17 MOTION for Nicholas Inns to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-29452713. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from District of Columbia; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (rju) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Jason Sternberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29452408. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
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Filing 14
STIPULATION: THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff and Defendant, that: (i) Defendant hereby accepts service of the Summons and Complaint filed in this action on May 15, 2024, subject to and without waiver of any defenses that Defendant may subsequently assert other than the absence of a summons or formal service; and (ii) Defendant shall file a pre-motion letter pursuant to Rule III.B.iii. of the Court's Individual Practices in Civil Cases, answer, or otherwise respond to the Complaint in this action by July 11, 2024. SO ORDERED. BRC Inc. answer due 7/11/2024. (Signed by Judge Analisa Torres on 6/5/2024) (vfr)
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| Filing 13 NOTICE of Hearing: Initial Pretrial Conference set for 7/22/2024 at 11:00 AM before Magistrate Judge Robert W. Lehrburger. The conference will be held telephonically. The parties are instructed to call (888) 398-2342 and enter access code 9543348. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at http://nysd.uscourts.gov/judge/Lehrburger. (rsh) |
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Filing 12
ORDER: The parties sought a determination of relatedness between this action and Tang Capital Partners, L.P. v. BRC Inc., No. 22 Civ. 3476. ECF No. 3. The Court determined that the cases were related. Dkt. Entry 5/29/24. The parties in the earlier-filed case, Tang Capital, consented to the jurisdiction of the Honorable Robert W. Lehrburger. Tang, No. 22 Civ. 3476, ECF No. 22. The Court has referred the parties to Judge Lehrburger's supervision for general pretrial purposes. ECF No. 11. 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 all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by June 12, 2024, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, as further set forth herein. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by June 12, 2024, 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 5/29/2024) (vfr)
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Filing 11
ORDER REFERRING CASE TO MAGISTRATE JUDGE. 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 Robert W. Lehrburger. SO ORDERED. (Signed by Judge Analisa Torres on 5/29/2024) (vfr)
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| Magistrate Judge Robert W. Lehrburger 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. (tro) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case..(tro) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-03476-RWL. Notice of Assignment to follow. (tro) |
| Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by Alta Partners, LLC..(Tanner, Robert) |
| Filing 9 NOTICE OF APPEARANCE by Zane Muller on behalf of BRC Inc...(Muller, Zane) |
| Filing 8 NOTICE OF APPEARANCE by Samuel Williamson on behalf of BRC Inc...(Williamson, Samuel) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to BRC Inc. (vf) |
| CASE REFERRED TO Judge Analisa Torres as possibly related to 1:22-cv-3476. (vf) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Justin M. Sher. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 2 (Citizen of Another State). The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State). (vf) |
| Filing 6 NOTICE OF APPEARANCE by Robert Maxwell Tanner on behalf of Alta Partners, LLC..(Tanner, Robert) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to BRC Inc., re: #1 Complaint. Document filed by Alta Partners, LLC..(Sher, Justin) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alta Partners, LLC..(Sher, Justin) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:22-cv-3476. Document filed by Alta Partners, LLC..(Sher, Justin) |
| Filing 2 CIVIL COVER SHEET filed..(Sher, Justin) |
| Filing 1 COMPLAINT against BRC Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-29359831)Document filed by Alta Partners, LLC. (Attachments: #1 Exhibit A - Warrant Agreement).(Sher, Justin) |
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