Ace Endico Corp. v. Metropolitan Foods, Inc. et al
| Ace Endico Corp. |
| Metropolitan Foods, Inc. d/b/a Driscoll Foods and Matthew Wasserman |
| 7:2023cv07812 |
| September 1, 2023 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 39 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Metropolitan Foods, Inc., Matthew Wasserman and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Ace Endico Corp.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Kolakowski, Pierre) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Pierre Kolakowski. RE-FILE Document No. #38 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (tp) |
| Filing 38 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Metropolitan Foods, Inc., Matthew Wasserman and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Ace Endico Corp.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Kolakowski, Pierre) |
Filing 37
ORDER... It is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Courts calendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are DISMISSED as moot, and all conferences are CANCELED. (Signed by Judge Philip M. Halpern on 10/26/23) (yv)
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Filing 36
ORDER granting #35 Letter Motion for Extension of Time. Application granted. Deadlines extended as set forth herein. SO ORDERED. Amended Pleadings due by 11/10/2023. Motions due by 11/17/2023. (Signed by Judge Philip M. Halpern on 10/24/2023) (tg)
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| Filing 35 CONSENT LETTER MOTION for Extension of Time of Plaintiff's time to file its Amended Complaint from October 27, 2023 to November 10, 2023 and other related deadlines addressed to Judge Philip M. Halpern from Pierre-Yves Kolakowski dated October 24, 2023. Document filed by Ace Endico Corp...(Kolakowski, Pierre) |
| Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Settlement Conference held on 10/18/2023. Pierre Kolakowski appeared by video on behalf of the plaintiff. Scott Unger appeared by video on behalf of defendant Metropolitan Foods Inc. and David Kleinmann appeared by video on behalf of defendant Matthew Wasserman. Settlement reached. The parties will report back to the Court by October 25, 2023 to confirm that the settlement agreement has been finalized. (sbr). |
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Filing 34
RESCHEDULING ORDER: The settlement conference in this matter is hereby RESCHEDULED to Wednesday, October 18, 2023 at 11:00 a.m. via Microsoft Teams. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause) (Text Only Order) (md)
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Filing 33
ORDER granting #32 Letter Motion for Extension of Time. Application granted. Deadlines extended as set forth herein. SO ORDERED.. (Signed by Judge Philip M. Halpern on 10/4/2023) (jca)
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| Set/Reset Deadlines: Metropolitan Foods, Inc. answer due 11/3/2023; Matthew Wasserman answer due 11/3/2023. Amended Pleadings due by 10/27/2023. Motions due by 11/3/2023. (jca) |
| Filing 32 CONSENT LETTER MOTION for Extension of Time to extend time for Plaintiff to file an amended complaint and related deadlines addressed to Judge Philip M. Halpern from Pierre-Yves Kolakowski dated October 3, 2023. Document filed by Ace Endico Corp...(Kolakowski, Pierre) |
| Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Settlement Conference held on 10/2/2023. Michael Sims, Pierre-Yves Kolakowski, and Michael Endico appeared on behalf of the plaintiff. Scott Unger and Gregg Ilordi appeared on behalf of Defendant Metropolitan Foods. David Kleinmann and Matthew Wasserman appeared on behalf of Defendant Matthew Wasserman. Settlement in principle reached. By 10/5/2023 at noon, Defendants are to provide Plaintiff with a draft settlement agreement. By 10/10/2023 at 5:00 p.m., Plaintiff is to respond to Defendants draft. By 10/13/2023, the parties are to submit either a joint letter or individual letters to Magistrate Judge Krause with a status update. The letter(s) must be submitted to the Court via e-mail at KrauseNYSDChambers@nysd.uscourts.gov. If necessary, a second settlement conference will take place on 10/18/2023 at 2:00 p.m. via Microsoft Teams. (sbr) |
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Filing 31
ORDER granting #30 Letter Motion for Extension of Time. Application granted. Deadlines extended as set forth herein. SO ORDERED. Amended Pleadings due by 10/13/2023.. (Signed by Judge Philip M. Halpern on 10/2/2023) (jca)
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| Set/Reset Deadlines: Metropolitan Foods, Inc. answer due 10/20/2023; Matthew Wasserman answer due 10/20/2023. (jca) |
| Filing 30 JOINT LETTER MOTION for Extension of Time to extend time for Plaintiff to file an amended complaint and related deadlines addressed to Judge Philip M. Halpern from Michael E. Sims dated September 29, 2023. Document filed by Ace Endico Corp...(Sims, Michael) |
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Filing 29
ORDER FOR ADMISSION PRO HAC VICE: granting #28 Motion for Pierre-Yves Kolakowski to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 9/18/2023) (ama)
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| Filing 28 MOTION for Pierre-Yves Kolakowski to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ace Endico Corp.. (Attachments: #1 Exhibit Declaration of Michael Sims, #2 Exhibit Declaration of Pierre-Yves Kolakowski, #3 Exhibit A Certificate of Good Standing for Pierre-Yves Kolakowski, #4 Proposed Order Proposed order).(Sims, Michael) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Pierre-Yves Kolakowski to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
| Filing 27 SUMMONS RETURNED EXECUTED Summons and Complaint served. Matthew Wasserman served on 9/12/2023, answer due 10/3/2023. Service was made by Mail on defendant Matthew Wasserman by serving summons and complaint on his attorneys Tarter Krinsky & Drogin LLP. Document filed by Ace Endico Corp...(Sims, Michael) |
| Filing 26 SUMMONS RETURNED EXECUTED. Metropolitan Foods, Inc. served on 9/12/2023, answer due 10/3/2023. Service was made by Mail on defefendant Metropolitan Foods, Inc., d/b/a Driscoll Foods by serving summons and complaint on its attorneys Stark & Stark, P.C. Document filed by Ace Endico Corp...(Sims, Michael) |
| Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Pierre-Yves Kolakowski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28261268. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ace Endico Corp.. (Attachments: #1 Exhibit Declaration of Michael Sims, #2 Exhibit Declaration of Pierre-Yves Kolakowski, #3 Exhibit Certificate of Good Standing, #4 Proposed Order Proposed order to admit Pierre-Yves Kolakowski pro hac vice).(Sims, Michael) Modified on 9/8/2023 (sgz). |
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Filing 24
SCHEDULING ORDER: This matter is hereby scheduled for an in-person settlement conference before Magistrate Judge Andrew E. Krause on Monday, October 2, 2023 at 1:30 p.m. in Courtroom 250 in the White Plains federal courthouse. As further set forth by this Order. SO ORDERED. Settlement Conference set for 10/2/2023 at 01:30 PM in Courtroom 250, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. (Signed by Magistrate Judge Andrew E. Krause on 9/8/2023) (tg)
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #25 MOTION for Pierre-Yves Kolakowski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28261268. 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 Connecticut. 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 23
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Andrew E. Krause. SO ORDERED. (Signed by Judge Philip M. Halpern on 9/07/2023) (ama)
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Filing 22
ORDER TO SHOW CAUSE: it is ORDERED, that Defendants show cause before this Court on November 20, 2023, or as soon thereafter as counsel may be heard, why this Court should not issue an order pursuant to Federal Rule of Civil Procedure 65 granting a preliminary injunction directing that during the pendency of this action and pending a final decision on the merits: as set forth herein. It is further ORDERED that Ace Endico is granted immediate leave to commence discovery, including document and deposition discovery, in aid of preliminary injunction proceedings before this Court, limited to the two topics set forth on the record on September 7, 2023: the Consortium bid and the use of confidential information and solicitation of Plaintiff's customers. Such informal discovery shall be completed by November 6, 2023.In light of counsels' representations concerning their acceptance of service on behalf of Defendants, this Order to Show Cause and the papers upon which it is based are deemed served; answering papers, if any, shall be served and filed on or before November 20, 2023; with reply papers, if any, to be filed on or before December 1, 2023. SO ORDERED. Show Cause Response due by 11/20/2023. (Signed by Judge Philip M. Halpern on 9/07/2023) (ama)
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| Filing 21 LETTER addressed to Judge Philip M. Halpern from David N. Kleinmann dated September 7, 2023 re: Public Information. Document filed by Matthew Wasserman. (Attachments: #1 Exhibit Procurement Information, #2 Exhibit MAPC Agreement).(Kleinmann, David) |
| Minute Entry for proceedings held before Judge Philip M. Halpern: Telephone Conference held on 9/7/2023. Counsel for all parties appeared by telephone. The Court, having reviewed and considered Plaintiff's moving papers, the ex parte submissions from the parties, the submission filed by defendant Wasserman on 9/7/2023 (Doc. 21), and having heard argument from the parties on 9/6/2023 and 9/7/2023, DENIED Plaintiff's request for a Temporary Restraining Order for the reasons set forth on the record. The Court set the balance of the briefing schedule for the motion for a preliminary injunction: opposition shall be filed by 11/20/2023; reply shall be filed by 12/1/2023. The parties shall complete, by 11/6/2023, expedited informal discovery limited to the two topics discussed on the record: the Consortium bid and the use of confidential information and solicitation of Plaintiff's customers. The Court will separately docket an Order to Show Cause and an Order of Reference to the assigned Magistrate Judge for settlement. See Transcript. (Court Reporter AT&T Teleconference) (sbh) |
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Filing 20
ORDER, The Court directed as follows: 1)Plaintiff's counsel Pierre-Yves Kolakowski shall file his application for pro hac vice admission within 30 days.2)The parties shall send to Chambers, in camera and ex parte, by e-mail to HalpernNYSDchambers@nysd.uscourts.gov, the following documents:a.Plaintiff shall provide the June 2023 re-pricing information discussed at the conference, supported by affidavit of a person with personal knowledge; Defendant Driscoll shall provide the bid submitted (or the draft bid to be submitted) to the Consortium, supported by affidavit of a person with personal knowledge; and c.Defendant Wasserman shall provide an affidavit explaining what "for the schools" meant in the email annexed to the motion as Exhibit C (i.e., what schools?). 3)Counsel shall not have any discussion with the parties about the reasons for the Court's request for the foregoing documents. The foregoing e-mails shall be sent by tomorrow morning, sufficiently in advance of the 2:00 p.m. conference. A telephone conference has been scheduled for September 7, 2023 at 2:00 p.m. using the same dial-in instructions as today's conference. SO ORDERED. ( Telephone Conference set for 9/7/2023 at 02:00 PM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 9/6/23) (yv)
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| Filing 19 LETTER addressed to Judge Philip M. Halpern from David N. Kleinmann dated September 6, 2023 re: Conference today. Document filed by Matthew Wasserman. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Kleinmann, David) |
| Filing 18 NOTICE OF APPEARANCE by William Francis Schmedlin on behalf of Matthew Wasserman..(Schmedlin, William) |
| Filing 17 NOTICE OF APPEARANCE by David Noah Kleinmann on behalf of Matthew Wasserman..(Kleinmann, David) |
| Filing 16 NOTICE OF APPEARANCE by Scott Ian Unger on behalf of Metropolitan Foods, Inc...(Unger, Scott) |
| Minute Entry for proceedings held before Judge Philip M. Halpern: Pre-Motion Conference held on 9/6/2023. Counsel for all parties appeared by telephone. Order to follow. (Court Reporter AT&T Teleconference) (sbh) |
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Filing 15
ORDER granting #14 Letter Motion for Conference addressed to Judge Philip M. Halpern from Michael E. Sims dated September 5, 2023. A pre-motion conference has been scheduled for September 6, 2023 at 3:30 p.m. to be held via telephone. At the time of the scheduled conference, all parties shall call (888) 398-2342; access code: 3456831. Counsel for Plaintiff shall notify all parties of the conference date and time and provide dial-in instructions. Pre-Motion Conference set for 9/6/2023 at 03:30 PM before Judge Philip M. Halpern. (HEREBY ORDERED by Judge Philip M. Halpern)(Text Only Order) (sbh)
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| Filing 14 LETTER MOTION for Conference /emergency telephone conference regarding plaintiff's motion for a Temporary restraining order and injunction addressed to Judge Philip M. Halpern from Michael E. Sims dated September 5, 2023. Document filed by Ace Endico Corp...(Sims, Michael) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ace Endico Corp...(Sims, Michael) |
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Filing 12
ORDER With respect to Plaintiff's proposed Order to Show Cause (Doc. 6), Plaintiff is directed to review and comply with this Courts Individual Practices, in particular Rule 4(F), which concerns applications for injunctive relief, including emergency and/or temporary injunctive relief. Specifically, the Court will not sign the proposed temporary restraining order prior to a conference with the parties, which conference shall be requested in strict accordance with the provisions of Rules 2(C) and 4(F) of the Court's Individual Practices, as well as Rule 65 of the Federal Rules of Civil Procedure. SO ORDERED. (Signed by Judge Philip M. Halpern on 9/5/2023) (jca)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Michael Erik Sims to RE-FILE Document No. #5 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb) |
| Filing 11 MEMORANDUM OF LAW in Support re: #6 Proposed Order to Show Cause With Emergency Relief for an injunction and Temporary Restraining Order. Document filed by Ace Endico Corp...(Sims, Michael) |
| Filing 10 DECLARATION of Michael E. Sims in Support re: #6 Proposed Order to Show Cause With Emergency Relief. Document filed by Ace Endico Corp.. (Attachments: #1 Appendix Complaint).(Sims, Michael) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Metropolitan Foods, Inc...(gp) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Matthew Wasserman..(gp) |
| Filing 7 DECLARATION of Michael Endico in Support re: #6 Proposed Order to Show Cause With Emergency Relief. Document filed by Ace Endico Corp.. (Attachments: #1 Exhibit A Agreement, #2 Exhibit B August 18, 2023 email, #3 Exhibit C August 23, 2023 emails, #4 Exhibit D August 23-29 Chain, #5 Exhibit E August 23, 2023 email, #6 Exhibit F August 24, 2023 email, #7 Exhibit G August 23, 2023 email, #8 Exhibit H Cease and desist letter).(Sims, Michael) |
| Filing 6 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Ace Endico Corp...(Sims, Michael) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ace Endico Corp...(Sims, Michael) Modified on 9/5/2023 (lb). |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Matthew Wasserman, re: #1 Complaint. Document filed by Ace Endico Corp...(Sims, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Metropolitan Foods, Inc. d/b/a Driscoll Foods, re: #1 Complaint. Document filed by Ace Endico Corp...(Sims, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Sims, Michael) |
| Filing 1 COMPLAINT against Metropolitan Foods, Inc., Matthew Wasserman. (Filing Fee $ 402.00, Receipt Number ANYSDC-28233088)Document filed by Ace Endico Corp...(Sims, Michael) |
| Case Designated ECF. (gp) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #6 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (tp) |
| 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. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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..(gp) |
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