Bischoff v. Albertsons Companies, Inc. et al
| Christine Bischoff |
| Albertsons Companies, Inc., ACME Markets, Inc., Safeway, Inc., Better Living Brands, LLC and LNK International, Inc. |
| 7:2022cv04961 |
| June 13, 2022 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Other Fraud |
| 28 U.S.C. § 1332 fr Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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Filing 52
CLERK'S JUDGMENT re: #51 Memorandum & Opinion in favor of ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc. against Christine Bischoff. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated June 26, 2023, Defendants' motion to dismiss is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 6/26/2023) (Attachments: #1 Appeal Package) (km)
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Filing 51
OPINION & ORDER re: #39 MOTION to Dismiss Plaintiff's First Amended Complaint filed by ACME Markets, Inc., Safeway, Inc., LNK International, Inc., Albertsons Companies, Inc., Better Living Brands, LLC. For the foregoing reasons, Defendants' motion to dismiss is granted. The Clerk of the Court is respectfully directed to terminate the pending motion, (ECF No. 39), and close the case. SO ORDERED. (Signed by Judge Cathy Seibel on 6/26/2023) (mml) Transmission to Orders and Judgments Clerk for processing.
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Filing 50
LETTER addressed to Judge Cathy Seibel from Christopher A. DeGennaro dated 3/13/2023 re: Supplemental Authority. Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc.. (Attachments: #1 Exhibit Order Granting Motion to Dismiss in Morgan v. Albertsons).(Degennaro, Christopher)
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Filing 49
LETTER addressed to Judge Cathy Seibel from Christopher A. DeGennaro dated December 28, 2022 re: Supplemental Authority of Defendants' Motion to Dismiss [ECF No. 39]. Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc...(Degennaro, Christopher)
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Filing 48
ORDER re: #47 Letter filed by Christine Bischoff: Plaintiff's letter was not "a very brief (i.e., 1-2 paragraph) response," (ECF No. 45), so Defendants, if they choose, may reply, by letter of no more than 2 pages, no later than 12/28/22. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy)
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Filing 47
LETTER addressed to Judge Cathy Seibel from Christine Bischoff dated 12/14/2022 re: Plaintiffs Response to Defendants 12/7/2022 Letter requesting to submit Supplemental Authority. Document filed by Christine Bischoff..(Deckant, Neal)
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Filing 46
ORDER re: #45 Letter, filed by ACME Markets, Inc., Safeway, Inc., LNK International, Inc., Albertsons Companies, Inc., Better Living Brands, LLC. Plaintiff may submit her requested response by 12/14/2022. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (JR)
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Filing 45
LETTER addressed to Judge Cathy Seibel from Christopher A. DeGennaro dated December 7, 2022 re: Supplemental Authority of Defendants' Motion to Dismiss [ECF No. 39]. Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc.. (Attachments: #1 Exhibit A).(Degennaro, Christopher)
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Filing 44
LETTER MOTION for Oral Argument addressed to Judge Cathy Seibel from Christopher A. DeGennaro dated November 30, 2022. Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc...(Degennaro, Christopher)
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Filing 43
REPLY MEMORANDUM OF LAW in Support re: #39 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc...(Degennaro, Christopher)
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Filing 42
MEMORANDUM OF LAW in Opposition re: #39 MOTION to Dismiss Plaintiff's First Amended Complaint. Filed on behalf of Plaintiff. Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc...(Degennaro, Christopher)
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Filing 41
DECLARATION of Christopher A. DeGennaro in Support re: #39 MOTION to Dismiss Plaintiff's First Amended Complaint.. Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Degennaro, Christopher)
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Filing 40
MEMORANDUM OF LAW in Support re: #39 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc...(Degennaro, Christopher)
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Filing 39
MOTION to Dismiss Plaintiff's First Amended Complaint. Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc...(Degennaro, Christopher)
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Filing 38
LETTER addressed to Judge Cathy Seibel from Christopher A. DeGennaro, Esq. dated October 21, 2022 re: Letter to Neal Deckant enclosing Defendants' Motion to Dismiss First Amended Complaint. Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc...(Degennaro, Christopher)
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Filing 37
ORDER granting #36 Motion for Julia K. Venditti to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 MOTION for Julia K. Venditti to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26767984. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 36
MOTION for Julia K. Venditti to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26767984. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christine Bischoff. (Attachments: #1 Affidavit of Julia K. Venditti, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice).(Venditti, Julia)
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Filing 35
AMENDED COMPLAINT amending #1 Complaint, against ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc. with JURY DEMAND.Document filed by Christine Bischoff. Related document: #1 Complaint,..(Deckant, Neal)
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Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 9/15/2022. Plaintiff's counsel Max Roberts, Esq. appears telephonically. Defendants' counsel(s) Christopher Degennaro, Esq. and David Hickerson, Esq. appear telephonically. Law Clerk Saniya Suri appears telephonically. The Court grants Plaintiff leave to amend Complaint. Plaintiff's Amended Complaint to be submitted by September 30, 2022. Defendants' Motion to Dismiss (or Answer) to be submitted by October 21, 2022; Plaintiff's opposition (if Motion filed) due November 14, 2022; Defendants' reply due November 30, 2022. This proceeding was recorded via the AT&T Teleconference platform. (wc)
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Filing 34
NOTICE OF APPEARANCE by Max Stuart Roberts on behalf of Christine Bischoff..(Roberts, Max)
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Filing 33
LETTER addressed to Judge Cathy Seibel from Neal J. Deckant dated September 8, 2022 re: Response to Defendants' Pre-Motion Letter. Document filed by Christine Bischoff..(Deckant, Neal)
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Filing 32
ORDER granting #31 Motion for David Hickerson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for David Hickerson to Appear Pro Hac Vice Amended to Include Supreme Court of Virginia Certificate of Good Standing. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 31
MOTION for David Hickerson to Appear Pro Hac Vice Amended to Include Supreme Court of Virginia Certificate of Good Standing. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc.. (Attachments: #1 Affidavit of David Hickerson (with Certificates of Good Standing Annexed), #2 Text of Proposed Order for Motion to Appear Pro Hac Vice).(Hickerson, David)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #30 MOTION for David Hickerson to Appear Pro Hac Vice . 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 Supreme Court of Virginia 804-786-2251 (Certificate of Good Standing from the State Bar not acceptable) 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. (sgz)
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Filing 30
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David Hickerson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc.. (Attachments: #1 Affidavit of David Hickerson (with Certificates of Good Standing Annexed), #2 Text of Proposed Order for Motion to Appear Pro Hac Vice).(Hickerson, David) Modified on 8/29/2022 (sgz).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #29 MOTION for David Hickerson to Appear Pro Hac Vice . 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 Supreme Court of Virginia 804-786-2251; 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. (sgz)
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Filing 29
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David Hickerson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc.. (Attachments: #1 Affidavit of David Hickerson (with Certificates of Good Standing Annexed), #2 Text of Proposed Order for Motion to Appear Pro Hac Vice).(Hickerson, David) Modified on 8/19/2022 (sgz).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #28 MOTION for David Hickerson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26557586. 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 Supreme Court of Virginia; Ink Signature Needed When Not Using Own Pacer Account; 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. (sgz)
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Filing 28
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David Hickerson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26557586. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc.. (Attachments: #1 Affidavit Affidavit of David Hickerson (with Certificates of Good Standing Annexed), #2 Text of Proposed Order Text of Proposed Order for Motion to Appear Pro Hac Vice).(Degennaro, Christopher) Modified on 8/18/2022 (sgz).
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Filing 27
ORDER granting #26 LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Cathy Seibel from Christopher A. DeGennaro, Esq. dated August 5, 2022. Pre-motion conference to be held on 9/15/22 at 4:30pm. Call-in number is 1-877-336-1839 and access code is 1047966#. Plaintiff shall respond to Defendants' letter, by letter of no more than 3 pages, by 9/8/22. SO ORDERED. Pre-Motion Conference set for 9/15/2022 at 04:30 PM before Judge Cathy Seibel. (Signed by Judge Cathy Seibel on 8/8/2022) (mml)
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Set/Reset Deadlines: Responses due by 9/8/2022. (mml)
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Filing 26
LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Cathy Seibel from Christopher A. DeGennaro, Esq. dated August 5, 2022. Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc...(Degennaro, Christopher)
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Filing 25
ORDER granting #23 Motion for Jenlain Scott to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (JR)
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Filing 24
ORDER granting #22 Motion for Jay Varon to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (JR)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Jenlain Scott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26495730. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Jay Varon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26495664. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 23
MOTION for Jenlain Scott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26495730. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc.. (Attachments: #1 Affidavit of Jenlain Scott (with Certificates of Good Standing Annexed), #2 Text of Proposed Order for Motion to Appear Pro Hac Vice).(Scott, Jenlain)
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Filing 22
MOTION for Jay Varon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26495664. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc.. (Attachments: #1 Affidavit of Jay Varon (with Certificates of Good Standing Annexed), #2 Text of Proposed Order for Motion to Appear Pro Hac Vice).(Varon, Jay)
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Filing 21
NOTICE OF APPEARANCE by Christopher Albert Degennaro on behalf of ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc...(Degennaro, Christopher)
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Filing 20
SUMMONS RETURNED EXECUTED Summons and Complaint, served. LNK International, Inc. served on 6/28/2022, answer due 8/5/2022. Service was accepted by Thomas Gangone, Manager. Document filed by Christine Bischoff..(Deckant, Neal)
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Filing 19
MEMO ENDORSEMENT on re: #18 Letter, filed by ACME Markets, Inc., Safeway, Inc., LNK International, Inc., Albertsons Companies, Inc., Better Living Brands, LLC. ENDORSEMENT: Defendants may have until 8/5/22 to respond to the Complaint. Counsel for Defendants shall promptly file their notices of appearance. SO ORDERED. ACME Markets, Inc. answer due 8/5/2022; Albertsons Companies, Inc. answer due 8/5/2022; Better Living Brands, LLC answer due 8/5/2022; LNK International, Inc. answer due 8/5/2022; Safeway, Inc. answer due 8/5/2022. (Signed by Judge Cathy Seibel on 6/30/2022) (vfr)
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Filing 18
LETTER addressed to Judge Cathy Seibel from Amanda Groves dated June 30, 2022 re: Extension to Respond to Complaint. Document filed by ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc...(Groves, Amanda)
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Filing 17
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Albertsons Companies, Inc. served on 6/15/2022, answer due 7/6/2022. Service was accepted by Cameron Smith, Registered Agent. Document filed by Christine Bischoff..(Deckant, Neal)
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Filing 16
SUMMONS RETURNED EXECUTED Summons and Complaint, served. ACME Markets, Inc. served on 6/15/2022, answer due 7/6/2022. Service was accepted by Lindsey Faulkner, Registered Agent. Document filed by Christine Bischoff..(Deckant, Neal)
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Filing 15
SUMMONS RETURNED EXECUTED Summons and Complaint, served. LNK International, Inc. served on 6/15/2022, answer due 7/6/2022. Service was accepted by Lynanne Gares, Registered Agent. Document filed by Christine Bischoff..(Deckant, Neal)
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Filing 14
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Better Living Brands, LLC served on 6/15/2022, answer due 7/6/2022. Service was accepted by Amy McLaren, Registered Agent. Document filed by Christine Bischoff..(Deckant, Neal)
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Filing 13
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Safeway, Inc. served on 6/15/2022, answer due 7/6/2022. Service was accepted by Sarai Marin, Registered Agent. Document filed by Christine Bischoff..(Deckant, Neal)
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Filing 12
ELECTRONIC SUMMONS ISSUED as to LNK International, Inc.. (sj)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Better Living Brands, LLC. (sj)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Safeway, Inc...(sj)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to ACME Markets, Inc...(sj)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Albertsons Companies, Inc...(sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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..(sj)
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Magistrate Judge Andrew E. Krause 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. (sj)
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Case Designated ECF. (sj)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to LNK International, Inc., re: #1 Complaint,. Document filed by Christine Bischoff..(Deckant, Neal)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Better Living Brands, LLC, re: #1 Complaint,. Document filed by Christine Bischoff..(Deckant, Neal)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Safeway, Inc., re: #1 Complaint,. Document filed by Christine Bischoff..(Deckant, Neal)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to ACME Markets, Inc., re: #1 Complaint,. Document filed by Christine Bischoff..(Deckant, Neal)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Albertsons Companies, Inc., re: #1 Complaint,. Document filed by Christine Bischoff..(Deckant, Neal)
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Filing 2
CIVIL COVER SHEET filed..(Deckant, Neal)
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Filing 1
COMPLAINT against ACME Markets, Inc., Albertsons Companies, Inc., Better Living Brands, LLC, LNK International, Inc., Safeway, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26276274)Document filed by Christine Bischoff. (Attachments: #1 Exhibit A - Test Results, #2 Exhibit B - 2018 Valisure Acetaminophen Study, #3 Exhibit C - Plaintiff's Demand Letter).(Deckant, Neal)
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