Create-A-Pack Foods Inc v. Batterlicious Cookie Dough Company et al
Plaintiff: Create-A-Pack Foods Inc. and Create-A-Pack Foods Inc
Defendant: Stephen B. Levy, Claudia G. Levy, Batterlicious Cookie Dough Company, Stephen G Levy and Claudia G Levy
Case Number: 2:2020cv00499
Filed: March 27, 2020
Court: US District Court for the Eastern District of Wisconsin
Presiding Judge: Lynn Adelman
Referring Judge: William E Duffin
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 17, 2021 Opinion or Order Filing 32 AMENDED SCHEDULING ORDER signed by Magistrate Judge William E Duffin on 2/17/2021. The party with the burden of proof shall disclose expert witnesses in accordance with Civil L.R. 26(b) no later than May 12, 2021. The responding party shall disclose expert witnesses in accordance with Civil L.R. 26(b) no later than August 12, 2021. All discovery due by 9/13/2021. Dispositive/Daubert Motions due by 10/15/2021. (cc: all counsel)(mlm)
February 12, 2021 Opinion or Order Filing 31 Minute Entry for Telephonic Status Conference held on 2/12/2021 before Magistrate Judge William E Duffin. An amended scheduling order will be issued.(Tape #1:30-1:40) (mlm)
February 12, 2021 Opinion or Order Filing 30 NOTICE of Appearance by Kyle B Hanson on behalf of Batterlicious Cookie Dough Company, Claudia G Levy, Stephen G Levy. Attorney(s) appearing: Kyle B. Hanson (Hanson, Kyle)
December 11, 2020 Opinion or Order Filing 29 ORDER signed by Magistrate Judge William E Duffin on 12/11/2020, GRANTING Motion to Withdraw as Attorney (ECF No. [26)]. Attorney Daniel A Manna terminated. The deadlines are stayed for 60 days. A Telephonic Scheduling Conference is set for February 12, 2021, at 1:30 P.M. Participants shall call the court conference line at 888-278-0296 and enter access code 8322317# to join the call. (cc: all counsel)(mlm)
December 11, 2020 Opinion or Order Filing 28 Minute Entry for Telephonic Status Conference held on 12/11/2020 before Magistrate Judge William E Duffin. Counsel discusses the status of discovery. Defense Counsel filed a motion today to withdraw as counsel. Court will stay the deadlines. Telephonic Status Conference set for 2/12/2021 01:30 PM in By Telephone before Magistrate Judge William E Duffin. Participants shall call the court conference line at 888-278-0296 and enter access code 8322317# to join the call. (Tape #1:30 - 1:45) (mlm)
December 11, 2020 Opinion or Order Filing 27 DECLARATION of Daniel A. Manna in Support of Motion to Withdraw as Counsel (Attachments: #1 Exhibit 1 - Engagement Agreement, #2 Exhibit 2 - Letter to clients, #3 Exhibit 3 - Email Exchange re client consent, #4 Exhibit 4 - Email Exchange Plf No Obj)(Manna, Daniel)
December 11, 2020 Opinion or Order Filing 26 MOTION to Withdraw as Attorney by All Defendants. (Manna, Daniel)
December 8, 2020 Opinion or Order NOTICE of Hearing: Telephonic Status Conference set for 12/11/2020 01:30 PM in By Telephone before Magistrate Judge William E Duffin. Participants shall call the court conference line at 888-278-0296 and enter access code 8322317# to join the call. (cc: all counsel)(mlm)
October 30, 2020 Opinion or Order Filing 25 Minute Order. Proceedings held before Magistrate Judge Stephen C Dries: Mediation Hearing held on 10/30/2020. Parties did not settle; case returned to Judge Duffin. (Dries, Stephen)
September 23, 2020 Opinion or Order Filing 24 NOTICE of Hearing: Mediation set for 10/30/2020 at 09:00 AM by Zoom Video Conference before Magistrate Judge Stephen C Dries. Zoom information to be provided day before hearing. (cc: all counsel)(amb)
September 17, 2020 Opinion or Order Filing 23 ORDER REFERRING CASE to Magistrate Judge Stephen C Dries for Mediation. Signed by Magistrate Judge William E Duffin on 9/17/2020. (cc: all counsel)(mlm)
September 15, 2020 Opinion or Order Filing 22 LETTER from Zach Whitney requesting the appointment of a magistrate judge to act as mediator.. (Whitney, Zach)
September 4, 2020 Opinion or Order Filing 21 PROTECTIVE ORDER signed by Magistrate Judge William E Duffin on 9/3/2020. (cc: all counsel) (mlm)
September 2, 2020 Opinion or Order Filing 20 Joint MOTION for Protective Order by All Defendants. (Attachments: #1 Text of Proposed Order Protective Order)(Manna, Daniel)
June 10, 2020 Opinion or Order Filing 19 TEXT ONLY ORDER: Before the court is the parties' "Stipulation Amending Caption." (ECF No. #17 ). The court does not routinely rule on stipulations. Any request for court action should be filed as a motion. See Tips for Practicing Before Judge Duffin, II. A., available at https://www.wied.uscourts.gov/sites/wied/files/documents/judges /Information%20for%20Parties%20Practicing%20Before%20Judge% 20Duffin.pdf. Construing the stipulation as a joint motion, the motion is granted. The name "Stephen G. Levy" should be substituted for the name "Stephen B. Levy" wherever the name "Stephen B. Levy" appears in the pleadings. The Clerk is directed to substitute the name "Stephen G. Levy" for the name "Stephen B. Levy" in the case caption. All future pleadings and filings shall reflect this change. Signed by Magistrate Judge William E Duffin on 6/10/2020. (cc: all counsel) (mlm)
June 10, 2020 Opinion or Order Filing 18 ANSWER to #16 Answer to Complaint, Counterclaim by Create-A-Pack Foods Inc..(Whitney, Zach)
June 10, 2020 Opinion or Order Filing 17 STIPULATED MOTION to Amending Caption by Create-A-Pack Foods Inc.. (Whitney, Zach) Modified on 6/10/2020 (mlm).
May 22, 2020 Opinion or Order Filing 16 Amended ANSWER to #1 Complaint, with Jury Demand , Affirmative Defenses, COUNTERCLAIM against Create-A-Pack Foods Inc. filed by All Defendants. by All Defendants.(Manna, Daniel)
May 21, 2020 Opinion or Order Filing 15 SCHEDULING ORDER signed by Magistrate Judge William E Duffin on 5/21/2020. Rule 26(a) Disclosures to be exchanged by 6/4/2020. Join Parties/Amended Pleadings due by 6/18/2020. Mediation deadline 10/16/2020. Discovery due by 11/17/2020. Party with the Burden of Proof shall disclose Expert Witness List by 7/20/2020. Responding party shall disclose Expert Witness List by 9/18/2020. Dispositive/Daubert Motions due by 12/31/2020. (cc: all counsel)(mlm)
May 21, 2020 Opinion or Order Filing 14 Minute Entry for Telephonic Rule 16 Scheduling Conference held on 5/21/2020 before Magistrate Judge William E Duffin. The court sets dates pursuant to the parties' Rule 26(f) Report and will issue a Scheduling Order. (Tape #8:59:00-9:11:00) (mlm)
May 7, 2020 Opinion or Order Filing 13 Joint REPORT of Rule 26(f) Plan by All Defendants. (Manna, Daniel)
May 5, 2020 Opinion or Order Filing 12 NOTICE of Hearing: Telephonic Rule 16 Scheduling Conference set for 5/21/2020 09:00 AM before Magistrate Judge William E Duffin. The parties shall call the court's conference line at 888-278-0296 and use access code 8322317# to join the call. The parties are to file their Rule 26(f) Report no later than 5/15/2020. (cc: all counsel)(mlm)
May 4, 2020 Opinion or Order Filing 11 ORDER REASSIGNING CASE ON CONSENT signed by Judge Lynn Adelman on 5/4/20. Case reassigned to Magistrate Judge William E Duffin for all further proceedings. Judge Lynn Adelman no longer assigned to case. (cc: all counsel)(jad)
May 1, 2020 Opinion or Order Filing 10 Magistrate Judge Jurisdiction Form filed by Create-A-Pack Foods Inc.. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Whitney, Zach)
May 1, 2020 Opinion or Order Filing 9 Magistrate Judge Jurisdiction Form filed by All Defendants. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Manna, Daniel)
May 1, 2020 Opinion or Order Filing 8 DISCLOSURE Statement by All Defendants. (Manna, Daniel)
May 1, 2020 Opinion or Order Filing 7 ANSWER to #1 Complaint, and Affirmative Defenses by All Defendants.(Manna, Daniel)
May 1, 2020 Opinion or Order Filing 6 NOTICE of Appearance by Daniel A Manna on behalf of All Defendants. Attorney(s) appearing: Daniel A. Manna (Manna, Daniel)
April 3, 2020 Opinion or Order Filing 5 SUMMONS Returned Executed by Create-A-Pack Foods Inc.. Stephen B. Levy served on 4/3/2020. (Whitney, Zach)
April 3, 2020 Opinion or Order Filing 4 SUMMONS Returned Executed by Create-A-Pack Foods Inc.. Claudia G. Levy served on 4/3/2020. (Whitney, Zach)
April 3, 2020 Opinion or Order Filing 3 SUMMONS Returned Executed by Create-A-Pack Foods Inc.. Batterlicious Cookie Dough Company served on 4/3/2020. (Whitney, Zach)
March 30, 2020 Opinion or Order Filing 2 DISCLOSURE Statement by Create-A-Pack Foods Inc.. (Whitney, Zach)
March 30, 2020 Opinion or Order Filing 1 COMPLAINT against All Defendants by Create-A-Pack Foods Inc.. ( Filing Fee PAID $400 receipt number AWIEDC-3407406) (Attachments: #1 Exhibits 1 through 6, #2 Civil Cover Sheet , #3 Summons Batterlicious Cookie Dough Company, #4 Summons Claudia Levy, #5 Summons Stephen Levy)(Whitney, Zach) Modified on 3/31/2020 (jcl).
March 30, 2020 Opinion or Order Summons Issued as to All Defendants. (jcl)
March 30, 2020 Opinion or Order NOTICE Regarding assignment of this matter to Judge Lynn Adelman ;Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days;the consent/refusal form is available on our website (jcl)

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Defendant: Stephen B. Levy
Represented By: Daniel A Manna
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Defendant: Claudia G. Levy
Represented By: Daniel A Manna
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Defendant: Batterlicious Cookie Dough Company
Represented By: Daniel A Manna
Represented By: Kyle B Hanson
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Defendant: Stephen G Levy
Represented By: Daniel A Manna
Represented By: Kyle B Hanson
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Defendant: Claudia G Levy
Represented By: Daniel A Manna
Represented By: Kyle B Hanson
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Plaintiff: Create-A-Pack Foods Inc.
Represented By: Zach S Whitney
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Plaintiff: Create-A-Pack Foods Inc
Represented By: Zach S Whitney
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