Tyrnauer v. Ben & Jerry's Homemade, Inc.
| Dovid Tyrnauer, Sarah Tickle, Amanda Berger, David Callaway, Tiffany Taylor and Chris Halverson |
| Ben & Jerry's Homemade Inc. |
| 2:2023cv00299 |
| August 11, 2023 |
| US District Court for the District of Vermont |
| Burlington Office |
| Christina Reiss |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 27, 2024. A more recent docket listing may be available from PACER.
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Filing 39
ORDER granting #38 Stipulated Motion to Set Briefing Schedule on Anticipated Motion to Dismiss. Defendant has until 10/30/2023 to file Motion to Dismiss; plaintiffs have up until 11/30/2023 to file opposition; defendant has until 12/21/2023 to file reply. Signed by Judge Christina Reiss on 10/6/2023. (law)
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Filing 38
STIPULATED MOTION to Set Briefing Schedule on Anticipated Motion to Dismiss filed by Ben & Jerry's Homemade Inc. (Giali, Dale)
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Filing 37
ORDER GRANTING #32 Motion for Admission Pro Hac Vice of Isreal David, Esq. Signed by Judge Christina Reiss on 9/12/2023. (This is a text-only Order.) (ejh)
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Filing 36
ORDER GRANTING #31 Motion for Admission Pro Hac Vice of Blake H. Yagman, Esq. Signed by Judge Christina Reiss on 9/12/2023. (This is a text-only Order.) (ejh)
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Filing 35
ORDER GRANTING #28 Motion for Admission Pro Hac Vice of Dale J. Giali, Esq. Signed by Judge Christina Reiss on 9/11/2023. (This is a text-only Order.) (ejh)
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Filing 34
ORDER GRANTING #29 Motion for Admission Pro Hac Vice of Keri E. Borders, Esq. Signed by Judge Christina Reiss on 9/11/2023. (This is a text-only Order.) (ejh)
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Filing 33
ORDER GRANTING #30 Motion to Withdraw as Attorney. Signed by Judge Christina Reiss on 9/11/2023. (This is a text-only Order.) (ejh)
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Filing 32
MOTION for Admission Pro Hac Vice of Isreal David, Esq. filed by Amanda Berger, David Callaway, Chris Halverson, Tiffany Taylor, Sarah Tickle, Dovid Tyrnauer (Attachments: #1 Affidavit of Isreal David, Esq., #2 Certificate of Good Standing)(jh)
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Filing 31
MOTION for Admission Pro Hac Vice of Blake H. Yagman, Esq. filed by Amanda Berger, David Callaway, Chris Halverson, Tiffany Taylor, Sarah Tickle, Dovid Tyrnauer (Attachments: #1 Affidavit of Blake H. Yagman, Esq., #2 Certificate of Good Standing)(jh)
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Filing 30
MOTION to Withdraw as Attorney (Shaila Diwan) filed by Ben & Jerry's Homemade Inc.(Judge, Jr., Walter)
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Filing 29
MOTION for Admission Pro Hac Vice of Keri E. Borders, Esq. filed by Ben & Jerry's Homemade Inc. (Attachments: #1 Exhibit A)(jh)
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Filing 28
MOTION for Admission Pro Hac Vice of Dale J. Giali, Esq. filed by Ben & Jerry's Homemade Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(jh)
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Filing 27
NOTICE OF APPEARANCE by Walter E. Judge, Jr., Esq on behalf of Ben & Jerry's Homemade Inc..(Judge, Jr., Walter)
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Filing 26
NOTICE OF APPEARANCE by Russell D. Barr, Esq on behalf of Amanda Berger, David Callaway, Chris Halverson, Tiffany Taylor, Sarah Tickle, Dovid Tyrnauer.(Barr, Russell)
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Filing 25
CASE TRANSFERRED IN from District of New York Southern; Case Number 7:23-cv-01877.
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Filing 24
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Vermont. (ate) [Transferred from New York Southern on 8/11/2023.]
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Filing 23
ORDER TO TRANSFER VENUE: IT IS HEREBY ORDERED that the transfer of venue pursuant to 28 U.S.C. 1404(a) and vacatur of pending deadlines, as agreed by the parties subject to the Court's approval pursuant to the Stipulation, is approved; and IT IS FURTHER ORDERED that pursuant to 28 U.S.C. 1404(a), this action is hereby transferred to the United States District Court for the District of Vermont; and IT IS FURTHER ORDERED that all deadlines and scheduled appearances set by the Court in this action, including the deadlines set by the Court's Order dated May 12, 2023 (Dkt. No. 15), are VACATED. The Clerk of the Court need not adhere to Local Rule 83.1 and may transfer the case immediately. (Signed by Judge Nelson Stephen Roman on 8/11/2023) (ate) [Transferred from New York Southern on 8/11/2023.]
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Filing 22
STIPULATION TO TRANSFER VENUE AND VACATE PENDING DEADLINES: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and Defendant, each through their undersigned counsel, as follows: (i) this action could have been brought in the United States District Court for the District of Vermont (the "District of Vermont"); and (ii) transfer of this action to the District of Vermont promotes convenience and justice; and (iii) for purposes of this Action, the parties hereby submit and consent to personal jurisdiction and venue in the District of Vermont; (iv) the parties shall submit a Proposed Order to the Court which shall provide for: the Court's approval of this stipulation, transfer of venue to the District of Vermont pursuant to 28 U.S.C. 1404(a), and vacatur of all pending deadlines in this Action, including the deadlines set by the May 12 Scheduling Order; and (v) subject to the Court's approval and pursuant to 28 U.S.C. 1404(a), transfer of this Action to the District of Vermont is appropriate; and (vi) subject to the Court's approval, all deadlines and scheduled appearances set by the Court in this Action, including the deadlines set by the May 12 Scheduling Order shall be vacated; and (vii) in the event that the Action is transferred to the District of Vermont in accordance with this stipulation, promptly after the effective date of such transfer and assignment of the Action to a United States District Judge in the District of Vermont, subject to the rules, directives, and orders of the transferee Court, the parties shall promptly agree to a schedule for the filing and briefing of Defendant's contemplated motion to dismiss; and (viii) subject to the rules, directives, and orders of the transferee Court, upon transfer of this Action to the District of Vermont, Plaintiffs shall not seek further substantive amendments to the Complaint prior to the filing of Defendant's contemplated motion to dismiss. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 8/11/2023) (ate) [Transferred from New York Southern on 8/11/2023.]
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Filing 21
PROPOSED STIPULATION AND ORDER. Document filed by Amanda Berger, David Callaway, Chris Halverson, Tiffany Taylor, Sarah Tickle, Dovid Tyrnauer. (Attachments: #1 Proposed Order).(David, Israel) [Transferred from New York Southern on 8/11/2023.]
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Filing 20
LETTER addressed to Judge Nelson Stephen Roman from Attorney Israel David dated August 9, 2023 re: Stipulation to Transfer Venue and Vacate Pending Deadlines. Document filed by Amanda Berger, David Callaway, Chris Halverson, Tiffany Taylor, Sarah Tickle, Dovid Tyrnauer..(David, Israel) [Transferred from New York Southern on 8/11/2023.]
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Filing 19
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Unilever Plc, Corporate Parent Conopco, Inc. for Ben & Jerry's Homemade, Inc.. Document filed by Ben & Jerry's Homemade, Inc...(Giali, Dale) [Transferred from New York Southern on 8/11/2023.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Dale Giali to RE-FILE Document No. #18 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 on the NYSD form page. (kj) [Transferred from New York Southern on 8/11/2023.]
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Filing 18
FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Conopco, Inc., Corporate Parent Unilever PLC, a publicly traded company for Ben & Jerry's Homemade, Inc.. Document filed by Ben & Jerry's Homemade, Inc...(Giali, Dale) Modified on 7/14/2023 (kj). [Transferred from New York Southern on 8/11/2023.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Dale J. Giali to RE-FILE Document No. #17 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. (kj) [Transferred from New York Southern on 8/11/2023.]
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Filing 17
FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Unilever PLC., Corporate Parent Conopco, Inc. for Ben & Jerry's Homemade, Inc.. Document filed by Ben & Jerry's Homemade, Inc...(Giali, Dale) Modified on 7/13/2023 (kj). [Transferred from New York Southern on 8/11/2023.]
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Israel David. The party information for the following party/parties has been modified: Dovid Tyrnauer, Sarah Tickle, Amanda Berger, David Callaway, Tiffany Taylor, Chris Halverson. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) [Transferred from New York Southern on 8/11/2023.]
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Filing 16
FIRST AMENDED COMPLAINT amending #2 Complaint against Ben & Jerry's Homemade, Inc. with JURY DEMAND.Document filed by Dovid Tyrnauer, Sarah Tickle, Amanda Berger, David Callaway, Tiffany Taylor, Chris Halverson. Related document: #2 Complaint..(David, Israel) [Transferred from New York Southern on 8/11/2023.]
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Filing 15
Vacated as per Judge's Order dated 8/11/2023, Doc. #23 ORDER denying #13 LETTER MOTION for Conference: Pre-Motion Conference Request addressed to Judge Nelson Stephen Roman from Dale J. Giali dated May 8, 2023; granting #14 LETTER MOTION for Conference - response letter addressed to Judge Nelson Stephen Roman dated 5/11/23. Memorandum Endorsement: The Court has reviewed Defendant's attached letter motion request for a conference in anticipation of filing a motion to dismiss (ECF No. 13) as well as Plaintiff's response, in which Plaintiff requests thirty (30) days to amend his Complaint (ECF No. 14). In light of Plaintiff's response, the Court denies without prejudice and with leave to renew Defendant's motion as well as grants Plaintiff's request to file an Amended Complaint. Plaintiff is hereby granted leave to file an Amended Complaint on or before June 12, 2023. Defendant is directed to file a responsive pleading within twenty-one (21) days following Plaintiff's filing an Amended Complaint. Should Defendant decide to move to dismiss Plaintiff's forthcoming Amended Complaint, however, the parties are directed to avail themselves of the following briefing schedule: (1) Defendant's moving papers are to be served (not filed) on July 12, 2023; (2) Plaintiff's opposition papers are to be served (not filed) on August 11, 2023; and (3) Defendant's reply papers are to be served on August 28, 2023. All motion papers are to be filed by the parties on the reply date, August 28, 2023. The parties are directed to provide Chambers with two physical courtesy copies of their motion papers on the same date they are served on opposing counsel. The parties are further directed to provide the Court with an electronic courtesy copy of the motion papers as they are served per this Court's local emergency civil rules. The Clerk of the Court is kindly directed to terminate the motions at ECF Nos. 13 and 14. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/12/2023) (mml) Modified on 8/11/2023 (ate). [Transferred from New York Southern on 8/11/2023.]
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Set/Reset Deadlines: Motions due by 8/28/2023. Responses due by 8/28/2023. Replies due by 8/28/2023. (mml) [Transferred from New York Southern on 8/11/2023.]
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Filing 14
LETTER MOTION for Conference - response letter addressed to Judge Nelson Stephen Roman dated 5/11/23. Document filed by Dovid Tyrnauer..(David, Israel) [Transferred from New York Southern on 8/11/2023.]
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Filing 13
LETTER MOTION for Conference : Pre-Motion Conference Request addressed to Judge Nelson Stephen Roman from Dale J. Giali dated May 8, 2023. Document filed by Ben & Jerry's Homemade, Inc...(Giali, Dale) [Transferred from New York Southern on 8/11/2023.]
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Filing 12
ORDER granting #11 Motion for Dale J. Giali to Appear Pro Hac Vice. The Clerk of the Court is directed to terminate the motion at ECF No. 11. (Signed by Judge Nelson Stephen Roman on 4/6/2023) (ate) [Transferred from New York Southern on 8/11/2023.]
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Dale Joseph Giali to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27569578. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (dsh) [Transferred from New York Southern on 8/11/2023.]
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Filing 11
MOTION for Dale Joseph Giali to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27569578. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ben & Jerry's Homemade, Inc.. (Attachments: #1 Affidavit of Dale J. Giali Pursuant to Local Rule 1.3, #2 Exhibit - Certificate of Good Standing - Supreme Court of California, #3 Text of Proposed Order for Admission Pro Hac Vice of Dale J. Giali).(Giali, Dale) [Transferred from New York Southern on 8/11/2023.]
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Filing 10
ORDER granting #9 Motion for Keri E. Borders to Appear Pro Hac Vice. Additionally, the Clerk of the Court is kindly directed to terminate the motion at ECF No. 9. (Signed by Judge Nelson Stephen Roman on 3/23/2023) (ate) [Transferred from New York Southern on 8/11/2023.]
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Keri Elizabeth Borders to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27504245. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) [Transferred from New York Southern on 8/11/2023.]
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Filing 9
MOTION for Keri Elizabeth Borders to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27504245. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ben & Jerry's Homemade, Inc.. (Attachments: #1 Affidavit of Keri E. Borders Pursuant to Local Rule 1.3, #2 Exhibit - Certificate of Good Standing - Supreme Court of California, #3 Text of Proposed Order for Admission Pro Hac Vice of Keri E. Borders).(Borders, Keri) [Transferred from New York Southern on 8/11/2023.]
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time to Answer re #7 LETTER MOTION for Extension of Time to File Answer re: #2 Complaint addressed to Judge Nelson Stephen Roman from Shaila Rahman Diwan dated March 20, 2023. Defendant Ben & Jerry's request for an extension of time to respond to Plaintiff's Complaint is GRANTED, in light of Plaintiff's consent. Defendant is granted leave respond to the Complaint on or before May 8, 2023. The Clerk of the Court is kindly directed to terminate the motion at ECF No. 7. Ben & Jerry's Homemade, Inc. answer due 5/8/2023. (Signed by Judge Nelson Stephen Roman on 3/20/2023) (ate) [Transferred from New York Southern on 8/11/2023.]
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Filing 7
LETTER MOTION for Extension of Time to File Answer re: #2 Complaint addressed to Judge Nelson Stephen Roman from Shaila Rahman Diwan dated March 20, 2023. Document filed by Ben & Jerry's Homemade, Inc...(Diwan, Shaila) [Transferred from New York Southern on 8/11/2023.]
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Filing 6
AFFIDAVIT OF SERVICE. Ben & Jerry's Homemade, Inc. served on 3/14/2023, answer due 4/4/2023. Service was accepted by S. Bredice (Registered Agent). Document filed by Dovid Tyrnauer..(Yagman, Blake) [Transferred from New York Southern on 8/11/2023.]
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Ben & Jerry's Homemade, Inc...(pc) [Transferred from New York Southern on 8/11/2023.]
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Ben & Jerry's Homemade, Inc., re: #2 Complaint. Document filed by Dovid Tyrnauer..(David, Israel) [Transferred from New York Southern on 8/11/2023.]
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Filing 3
CIVIL COVER SHEET filed..(David, Israel) [Transferred from New York Southern on 8/11/2023.]
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Filing 2
COMPLAINT against Ben & Jerry's Homemade, Inc.. Document filed by Dovid Tyrnauer..(David, Israel) [Transferred from New York Southern on 8/11/2023.]
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Blake Hunter Yagman. The party information for the following party/parties has been modified: Dovid Tyrnauer; Ben and Jerry's Homemade, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo) [Transferred from New York Southern on 8/11/2023.]
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Blake Hunter Yagman. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) [Transferred from New York Southern on 8/11/2023.]
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Blake Hunter Yagman. The following case opening statistical information was erroneously selected/entered: Office code Foley Square; Dollar Demand $500,000,000;. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains; the Dollar Demand has been modified to $5,000,000;. (jgo) [Transferred from New York Southern on 8/11/2023.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Blake Hunter Yagman to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the pleading was not signed by the filing attorney. 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. (jgo) [Transferred from New York Southern on 8/11/2023.]
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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) [Transferred from New York Southern on 8/11/2023.]
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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. (jgo) [Transferred from New York Southern on 8/11/2023.]
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Case Designated ECF. (jgo) [Transferred from New York Southern on 8/11/2023.]
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Filing 1
FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Ben and Jerry's Homemade, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27422547)Document filed by Dovid Tyrnauer. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Yagman, Blake) Modified on 3/6/2023 (jgo). [Transferred from New York Southern on 8/11/2023.]
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