Smart Shoppers BH LLC v. Tylers Coffee LLC et al
| SMART SHOPPERS BH LLC |
| TYLERS COFFEE LLC D/B/A TYLERS ACID-FREE COFFEE A/K/A TYLERS COFFEES, LIFTTED COFFEE LLC, RESINEATER420 LLC, TYLER ORNSTEIN, Doug Harding, Tylers Coffee LLC doing business as Tylers Acid-Free Coffee also known as Tylers Coffees and Tylers Coffees |
| 7:2022cv04969 |
| June 14, 2022 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Contract Product Liability |
| 28 U.S.C. § 1332 ds Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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Filing 32
ORDER granting #29 Letter Motion for Extension of Time. The Court is in receipt of the attached letter from pro se Defendants Tyler Orenstein and Doug Harding, dated July 28, 2022, seeking to extend Defendants' deadline to file a responsive pleading to Plaintiff's Amended Complaint to August 26, 2022. The Court is also in receipt of the attached letter from Plaintiff, dated July 29, 2022, consenting to pro se Defendants' request and providing some background facts regarding communications between the parties. Accordingly, the Court GRANTS pro se Defendants' application and extends Defendants' deadline to file a responsive pleading to August 26, 2022. The Clerk of the Court is directed to terminate the motion at ECF No. 29, and to mail a copy of this memorandum endorsement to pro se Defendants' address at 2601 N. Campbell Ave, Suite 200-A, Tucson, AZ 85719 and show service on the docket. (Signed by Judge Nelson Stephen Roman on 7/29/2022) (ate) Transmission to Docket Assistant Clerk for processing.
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Filing 31
SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Doug Harding served on 7/18/2022, answer due 8/8/2022. Service was accepted by Doug Harding. Document filed by Smart Shoppers BH LLC..(Bruck, Yair)
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Filing 30
SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Tyler Ornstein served on 6/27/2022, answer due 7/18/2022. Service was accepted by Tyler Robert Luis Ornstein. Document filed by Smart Shoppers BH LLC..(Bruck, Yair)
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Filing 29
LETTER MOTION for Extension of Time addressed to Judge Nelson Stephen Roman from Yair Bruck dated 07/29/2022. Document filed by Smart Shoppers BH LLC..(Bruck, Yair)
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Set/Reset Deadlines: Doug Harding answer due 8/26/2022; Tyler Ornstein answer due 8/26/2022. (ate)
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Mailed a copy of #32 Order on Motion for Extension of Time to Tyler Orenstein at 2601 N. Campbell Ave, Suite 200-A, Tucson, AZ 85719; and to Doug Harding at 2601 N. Campbell Ave, Suite 200-A, Tucson, AZ 85719. (kh)
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Filing 28
LETTER from Tyler Ornstein, Douglas Harding, dated 7/28/22 re: Defendants write to request an extension of time, until 8/26/22, to answer the Complaint, because we have connected with NYLAG etc. Document filed by Doug Harding, Tyler Ornstein.(sc)
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Filing 27
SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Resineater420 LLC served on 7/5/2022, answer due 7/26/2022. Document filed by Smart Shoppers BH LLC..(Bruck, Yair)
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Filing 26
SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Liftted Coffee LLC served on 7/5/2022, answer due 7/26/2022. Document filed by Smart Shoppers BH LLC..(Bruck, Yair)
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NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Valerie E. Caproni is no longer assigned to the case. (vba)
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Magistrate Judge Judith C. McCarthy is so redesignated. (vba)
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Filing 25
ELECTRONIC SUMMONS ISSUED as to Tylers Coffee LLC..(gp)
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Filing 24
ELECTRONIC SUMMONS ISSUED as to Tyler Ornstein..(gp)
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Filing 23
ELECTRONIC SUMMONS ISSUED as to Resineater420 LLC..(gp)
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Filing 22
ELECTRONIC SUMMONS ISSUED as to Liftted Coffee LLC..(gp)
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Filing 21
ELECTRONIC SUMMONS ISSUED as to Doug Harding..(gp)
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Filing 20
REQUEST FOR ISSUANCE OF SUMMONS as to Tylers Coffee Llc D/B/A Tylers Acid-Free Coffee A/K/A Tylers Coffees, re: #15 Amended Complaint,. Document filed by Smart Shoppers BH LLC..(Bruck, Yair)
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Filing 19
REQUEST FOR ISSUANCE OF SUMMONS as to Tyler Ornstein, re: #15 Amended Complaint,. Document filed by Smart Shoppers BH LLC..(Bruck, Yair)
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Filing 18
REQUEST FOR ISSUANCE OF SUMMONS as to Resineater420 LLC, re: #15 Amended Complaint,. Document filed by Smart Shoppers BH LLC..(Bruck, Yair)
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Filing 17
REQUEST FOR ISSUANCE OF SUMMONS as to Liftted Coffee LLC, re: #15 Amended Complaint,. Document filed by Smart Shoppers BH LLC..(Bruck, Yair)
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Filing 16
REQUEST FOR ISSUANCE OF SUMMONS as to Doug Harding, re: #15 Amended Complaint,. Document filed by Smart Shoppers BH LLC..(Bruck, Yair)
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Filing 15
AMENDED COMPLAINT amending #1 Complaint,, against Doug Harding, Liftted Coffee LLC, Tyler Ornstein, Resineater420 LLC, Tylers Coffee LLC with JURY DEMAND.Document filed by Smart Shoppers BH LLC. Related document: #1 Complaint,,..(Bruck, Yair)
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Filing 14
REQUEST FOR ISSUANCE OF SUMMONS as to Tylers Coffee LLC D/B/A Tylers Acid-Free Coffee A/K/A Tylers Coffees, re: #1 Complaint,, #9 Amended Complaint. Document filed by Smart Shoppers BH LLC..(Bruck, Yair)
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Filing 13
REQUEST FOR ISSUANCE OF SUMMONS as to Tyler Ornstein, re: #1 Complaint,, #9 Amended Complaint. Document filed by Smart Shoppers BH LLC..(Bruck, Yair)
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Filing 12
REQUEST FOR ISSUANCE OF SUMMONS as to Resineater420 LLC, re: #1 Complaint,, #9 Amended Complaint. Document filed by Smart Shoppers BH LLC..(Bruck, Yair)
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to Liftted Coffee LLC, re: #1 Complaint,, #9 Amended Complaint. Document filed by Smart Shoppers BH LLC..(Bruck, Yair)
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to Doug Harding, re: #1 Complaint,, #9 Amended Complaint. Document filed by Smart Shoppers BH LLC..(Bruck, Yair)
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Filing 9
FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST ERROR FIRST AMENDED COMPLAINT amending #1 Complaint,, against All Defendants with JURY DEMAND.Document filed by Smart Shoppers BH LLC. Related document: #1 Complaint,,..(Bruck, Yair) Modified on 6/17/2022 (gp).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Yair Bruck to RE-FILE Document No. #13 Request for Issuance of Summons, #12 Request for Issuance of Summons, #10 Request for Issuance of Summons, #11 Request for Issuance of Summons, #14 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading.;. 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. (gp)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Yair Bruck to RE-FILE Document No. #9 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected. 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. (gp)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Yair Bruck to RE-FILE Document No. #4 Request for Issuance of Summons, #3 Request for Issuance of Summons, #5 Request for Issuance of Summons, #6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the date field on the offical A.O. Summons form was completed by the attorney;. 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. (lal)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Yair Bruck to RE-FILE Document No. #7 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the date field on the official A.O. Summons form was completed by the attorney;true name of the party was not listed on the docket entry;ECF Docket Entry Error, enter the party name as to whom summons is to be issued for when prompted in ECF;. 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. (lal)
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Filing 8
ORDER: IT IS HEREBY ORDERED that by no later than Tuesday, June 28, 2022, Plaintiff must file an amended complaint that cures the deficiencies described herein or the complaint will be dismissed without prejudice for lack of subject matter jurisdiction. SO ORDERED. ( Amended Pleadings due by 6/28/2022.) (Signed by Judge Valerie E. Caproni on 6/15/2022) (tg)
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Filing 7
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR- AS TO - REQUEST FOR ISSUANCE OF SUMMONS as to Tylers Coffee, re: #1 Complaint,,. Document filed by Smart Shoppers BH LLC..(Bruck, Yair) Modified on 6/16/2022 (lal).
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Filing 6
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Tyler Ornstein, re: #1 Complaint,,. Document filed by Smart Shoppers BH LLC..(Bruck, Yair) Modified on 6/16/2022 (lal).
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Filing 5
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Resineater420 LLC, re: #1 Complaint,,. Document filed by Smart Shoppers BH LLC..(Bruck, Yair) Modified on 6/16/2022 (lal).
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Filing 4
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Liftted Coffee LLC, re: #1 Complaint,,. Document filed by Smart Shoppers BH LLC..(Bruck, Yair) Modified on 6/16/2022 (lal).
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Filing 3
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Doug Harding, re: #1 Complaint,,. Document filed by Smart Shoppers BH LLC..(Bruck, Yair) Modified on 6/16/2022 (lal).
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Filing 2
CIVIL COVER SHEET filed..(Bruck, Yair)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Yair Bruck to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet; incorrect citizenships for the plaintiff and defendant were selected. Select the correct citizenship of principal parties for the first listed plaintiff and 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)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Yair Bruck. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 190 (Contract: Other); Citizenship Defendant code 2 (Citizen of Another State); Dollar Demand $400,000,000; County code New York;. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 195 (Contract Product Liability); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Dollar Demand has been modified to $400,000; the County code has been modified to Rockland;. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Yair Bruck. The party information for the following party/parties has been modified: SMART SHOPPERS BH LLC, TYLERS COFFEE LLC D/B/A TYLERS ACID-FREE COFFEE A/K/A TYLERS COFFEES, LIFTTED COFFEE LLC, RESINEATER420 LLC, TYLER ORNSTEIN. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted; DO NOT TYPE ALL PARTY NAMES IN ALL CAPS. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Yair Bruck to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type 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)
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Magistrate Judge Sarah Netburn 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)
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Case Designated ECF. (pc)
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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..(pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Yair Bruck to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. 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. (pc)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number BNYSDC-26280299)Document filed by SMART SHOPPERS BH LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Civil Cover Sheet Summons DOUG HARDING, #3 Civil Cover Sheet Summons LIFTTED COFFEE LLC, #4 Civil Cover Sheet Summons RESINEATER420 LLC, #5 Civil Cover Sheet Summons TYLER ORNSTEIN, #6 Civil Cover Sheet Summons Tylers Coffee).(Bruck, Yair) Modified on 6/15/2022 (pc).
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