Nelson v. Miller Brewing Co.
| New York Eastern District Court | |
| Judge: | William F Kuntz, II |
| Referred: | Robert M Levy |
| Case #: | 1:15-cv-07082 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 31:3731 Fraud |
| Case Filed: | Dec 11, 2015 |
| Terminated: | Mar 31, 2017 |
| Last checked: Wednesday Jun 08, 2016 5:38 AM EDT |
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Defendant
MillerCoors' Oil Can Breweries
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Represented By
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Defendant
MillerCoors, LLC
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Represented By
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Plaintiff
Leif Nelson
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Miller Brewing Co.
Terminated: 02/09/2016
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| Docket last updated: 4 hours ago |
| Wednesday, July 12, 2017 | ||
| 40 | 40
order
Order Dismissing Case
Wed 07/12 4:49 PM
NOTICE Of Voluntary Dismissal granted with prejudice pursuant to Federal Civil Procedure 41 (a)(1)(A)(i). So Ordered by Judge William F. Kuntz, II on 7/10/2017. (Tavarez, Jennifer) |
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| Thursday, June 22, 2017 | ||
| 39 | 39
notice
Notice of Voluntary Dismissal
Thu 06/22 9:24 AM
NOTICE of Voluntary Dismissal by Leif Nelson Notice of Voluntary Dismissal With Prejudice |
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| Friday, June 09, 2017 | ||
| 38 | 38
misc
Letter
Fri 06/09 11:01 AM
Letter Requesting Extension of Deadline to File Motion for Leave to Amend by MillerCoors, LLC (Garrity, Paul) |
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| Wednesday, May 31, 2017 | ||
| 37 | 37
order
Order(Other)
Wed 05/31 11:12 AM
ORDER granting36 Letter Requesting Extension of Deadline to File Motion for Leave to Amend . So Ordered by Judge William F. Kuntz, II on 5/30/2017. (Tavarez, Jennifer) |
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| Friday, May 26, 2017 | ||
| 36 | 36
misc
Letter
Fri 05/26 11:48 AM
Letter Requesting Extension of Deadline to File Motion for Leave to Amend by Leif Nelson |
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| Friday, April 28, 2017 | ||
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order
Order on Motion to Amend/Correct/Supplement
Fri 04/28 4:52 PM
ORDER granting35 Motion to Amend/Correct/Supplement. Plaintiff must move for leave to amend its complaint on or before May 26, 2017. So Ordered by Judge William F. Kuntz, II on 4/28/2017. (Harris, Emily) |
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| Friday, April 21, 2017 | ||
| 35 | 35
motion
Amend/Correct/Supplement
Fri 04/21 5:23 PM
Joint MOTION to Amend/Correct/Supplement33 Order on Motion to Dismiss for Failure to State a Claim, by MillerCoors' Oil Can Breweries, MillerCoors, LLC. (Garrity, Paul) |
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| Friday, March 31, 2017 | ||
| 34 | 34
order
Judgment - Clerk
Wed 04/05 4:51 PM
CLERK'S JUDGMENT: ORDERED and ADJUDGED that Defendant's motion to dismiss is hereby granted; that Plaintiff's Amended Complaint is dismissed in its entirety, but Plaintiff may move to amend its Complaint consistent with Rule 15(a)(2) of the Federal Rules of Civil Procedure; and that the case is closed. Ordered by Janet Hamilton, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 3/31/2017. (Tavarez, Jennifer) |
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| 33 | 33
order
Order on Motion to Dismiss for Failure to State a Claim
Wed 04/05 1:38 PM
DECISION and ORDER: Defendant's Motion to Dismiss is hereby GRANTED. Plaintiff's Amended Complaint is dismissed in its entirety, but Plaintiff may move to amend its Complaint consistent with Rule l5(a). The Clerk of Court is directed to enter judgment and to close the action. So Ordered by Judge William F. Kuntz, II on 3/31/2017. (Tavarez, Jennifer) |
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| 32 | 32
misc
Letter
Fri 03/31 2:54 PM
Letter Regarding Status Update by Leif Nelson |
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| 31 | 31
motion
Extension of Time to Complete Discovery
Fri 03/31 10:17 AM
Joint MOTION for Extension of Time to Complete Discovery Pursuant to Stipulation and Proposed Order by Leif Nelson. |
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order
Order on Motion for Extension of Time to Complete Discovery
Fri 03/31 6:31 PM
ORDER granting31 Motion for Extension of Time to Complete Discovery. Ordered by Magistrate Judge Robert M. Levy on 3/31/2017. (Levy, Robert) |
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| Tuesday, March 21, 2017 | ||
| 30 | 30
misc
Letter
Tue 03/21 3:17 PM
Letter re Plaintiff's March 17, 2017 "Reply in Opposition" (Docket No. 29) by MillerCoors' Oil Can Breweries, MillerCoors, LLC (Garrity, Paul) |
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| Friday, March 17, 2017 | ||
| 29 | 29
respoth
Reply in Opposition
Fri 03/17 2:24 PM
REPLY in Opposition to February 27, 2017 Letter of Defendant filed by Leif Nelson. |
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| Thursday, March 16, 2017 | ||
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minutes
Settlement Conference
Thu 03/16 8:56 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Michael Reese, Amy Boyle; Paul Garrity, Shelly Watson. Settlement discussions held. Settlement is not possible at this time. Counsel will submit a proposed schedule for the completion of discovery shortly. Settlement Conference held on 3/16/2017 (Levy, Robert) |
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| Monday, February 27, 2017 | ||
| 28 | 28
misc
Letter
Mon 02/27 9:49 AM
Letter re Supplemental Authority Relevant to Pending Motion to Dismiss by MillerCoors' Oil Can Breweries, MillerCoors, LLC (Garrity, Paul) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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| Wednesday, February 22, 2017 | ||
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order
Order on Motion to Stay
Wed 02/22 11:55 PM
ORDER granting27 Motion for Brief Stay of Deadlines in Preparation for Scheduled Settlement Conference. Ordered by Magistrate Judge Robert M. Levy on 2/22/2017. (Levy, Robert) |
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| Tuesday, February 14, 2017 | ||
| 27 | 27
motion
Stay
Tue 02/14 4:03 PM
Joint MOTION to Stay Discovery Deadlines Pursuant to Stipulation and Proposed Order by MillerCoors' Oil Can Breweries, MillerCoors, LLC. (Baker, Tyler) |
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| Tuesday, January 17, 2017 | ||
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order
Order on Motion to Adjourn Conference
Tue 01/17 12:17 PM
ORDER granting26 Motion to Adjourn 2/1/17 Conference. Pre-settlement conference submissions due as follows: shared 3/1/17; ex parte 3/8/17. Settlement conference adjourned to 3/16/17 at 2:00, as the dates suggested by the parties are not available. Ordered by Magistrate Judge Robert M. Levy on 1/17/2017. (Levy, Robert) |
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| Monday, January 09, 2017 | ||
| 26 | 26
motion
Adjourn Conference
Mon 01/09 5:36 PM
Letter MOTION to Adjourn Conference Scheduled for February 1, 2017 before Magistrate Judge Levy by MillerCoors' Oil Can Breweries, MillerCoors, LLC. (Garrity, Paul) |
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| Friday, December 23, 2016 | ||
| 25 | 25
notice
Notice(Other)
Fri 12/23 12:47 PM
NOTICE by Leif Nelson re24 Letter in Response to Defendant's Supplemental Authority Relevant to Pending Motion to Dismiss (Boyle, Amy) |
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| Tuesday, December 20, 2016 | ||
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minutes
Settlement Conference
Tue 12/20 3:38 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Michael Reese, Amy Boyle; Paul Garrity, Tyler Baker. Pre-settlement conference submissions: 1/11/17 (shared); 1/25/17 (ex parte). Settlement conference 2/1/17 at 3:00 (client representatives to be present).Pre-Settlement Conference held on 12/20/2016 (Levy, Robert) |
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| Tuesday, December 13, 2016 | ||
| 24 | 24
2
pgs
misc
Letter
Tue 12/13 5:26 PM
Letter re Supplemental Authority Relevant to Pending Motion to Dismiss by MillerCoors' Oil Can Breweries, MillerCoors, LLC (Garrity, Paul) |
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Att: 1
8 pgs
Exhibit A
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| Tuesday, November 15, 2016 | ||
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minutes
Discovery Hearing
Tue 11/15 3:12 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Michael Reese, Amy Boyle; Tyler Baker, Paul Garrity. (1) The parties have resolved their issues re: the Nielsen documents. (2) Next conference 12/20/16 at 2:45 (tel)(status/sett). Discovery Hearing held on 11/15/2016 (Levy, Robert) |
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| Monday, November 14, 2016 | ||
| 23 | 23
motion
Adjourn Conference
Mon 11/14 5:46 AM
MOTION to Adjourn Conference Starting Time from 1:30 p.m. to 2:00 p.m. by Leif Nelson. |
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order
Order on Motion to Adjourn Conference
Mon 11/14 3:48 PM
ORDER granting23 Motion to Adjourn 11/15/16 Conference from 1:30 pm to 3:00 pm. (not 2:00 pm as requested). Ordered by Magistrate Judge Robert M. Levy on 11/14/2016. (Levy, Robert) |
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| Thursday, September 22, 2016 | ||
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minutes
Status Conference
Thu 09/22 3:15 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Michael Reese; Paul Garrity, Tyler Baker. The parties are attempting to resolve an issue re: Nielsen documents [DKT 22] and will advise only if they need assistance. Next conference 11/15/16 at 1:30 (tel)(status). Status Conference held on 9/22/2016 (Levy, Robert) |
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| Monday, September 19, 2016 | ||
| 22 | 22
misc
Letter
Mon 09/19 6:55 PM
Letter to the Honorable Magistrate Judge Levy Regarding Potential Discovery Dispute by Leif Nelson |
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| Monday, July 11, 2016 | ||
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order
Order on Motion for Protective Order
Mon 07/11 6:11 PM
ORDER granting21 Motion for Protective Order. Ordered by Magistrate Judge Robert M. Levy on 7/11/2016. (Levy, Robert) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Mon 07/11 6:17 PM
ORDER granting20 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office... Ordered by Magistrate Judge Robert M. Levy on 7/11/2016. (Levy, Robert) |
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| Wednesday, June 29, 2016 | ||
| 21 | 21
motion
Protective Order
Wed 06/29 4:44 PM
Joint MOTION for Protective Order Governing Production of Confidential Information by MillerCoors' Oil Can Breweries, MillerCoors, LLC. (Baker, Tyler) |
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| Friday, June 24, 2016 | ||
| 20 | 20
motion
Appear Pro Hac Vice
Fri 06/24 3:41 PM
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8712946. by MillerCoors' Oil Can Breweries, MillerCoors, LLC. (Henry, Sascha) |
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Att: 1
Declaration of Sascha Henry in Support of Pro Hac Vice Motion,
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Att: 2
Exhibit Certificate of Good Standing,
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Att: 3
Proposed Order
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| Friday, June 03, 2016 | ||
| 19 | 19
16
pgs
respoth
Reply in Support
Fri 06/03 4:57 PM
REPLY in Support re16 Motion to Dismiss for Failure to State a Claim filed by MillerCoors' Oil Can Breweries, MillerCoors, LLC. (Garrity, Paul) |
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| 18 | 18
30+
pgs
respoth
Memorandum in Opposition
Fri 06/03 12:58 PM
MEMORANDUM in Opposition re16 Motion to Dismiss for Failure to State a Claim filed by Leif Nelson. |
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Att: 1
Declaration of George V. Granade,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3
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| 17 | 17
notice
Notice(Other)
Fri 06/03 11:13 AM
NOTICE by MillerCoors' Oil Can Breweries, MillerCoors, LLC re16 Motion to Dismiss for Failure to State a Claim / Request for Judicial Notice Pursuant to Rule 201 of the Federal Rules of Evidence (Garrity, Paul) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6
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| 16 | 16
3
pgs
motion
Dismiss for Failure to State a Claim
Fri 06/03 11:03 AM
Motion to Dismiss for Failure to State a Claim by MillerCoors' Oil Can Breweries, MillerCoors, LLC. (Garrity, Paul) |
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Att: 1
30 pgs
Memorandum in Support,
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Att: 2
Declaration of Michael Gonzalez in Support of Motion to Dismiss Amended Complaint,
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Att: 3
Declaration of Kimberly Major in Support of Motion to Dismiss Amended Complaint,
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Att: 4
Exhibit Major Decl., Exh. 1,
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Att: 5
Exhibit Major Decl., Exh. 2,
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Att: 6
Exhibit Major Decl., Exh. 3,
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Att: 7
Exhibit Major Decl., Exh. 4
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| Saturday, May 07, 2016 | ||
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order
Order on Motion for Leave to Appear Pro Hac Vice
Sat 05/07 1:52 PM
ORDER granting15 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Robert M. Levy on 5/7/2016. (Levy, Robert) |
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| Friday, May 06, 2016 | ||
| 15 | 15
motion
Appear Pro Hac Vice
Fri 05/06 1:37 PM
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8588415. by Leif Nelson. (Boyle, Amy) |
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Att: 1
Affidavit,
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Att: 2
Exhibit Certificate of Good Standing,
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Att: 3
Proposed Order,
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Att: 4
Certificate of Service
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| Friday, April 22, 2016 | ||
| 14 | 14
order
Scheduling Order
Fri 04/22 9:23 AM
SCHEDULING ORDER: 1. Date for completion of automatic disclosures required by Rule 26(a)(l) of the Federal Rules of Civil Procedure, if not yet made: April 22, 2016 2. If additional interrogatories beyond the 25 permitted under Rule 33(a) of the Federal Rules of Civil Procedure are needed, the maximum number by: The Parties do not expect to have to exceed 25 interrogatories. If the need arises, the Parties, who have been working together efficiently and cooperatively in this litigation, will use their best efforts to come toagreement to an additional number of interrogatories without having to involve the Court. 3. Maximum number of requests for admission by: plaintiff(s) 35 and defendant(s): 35 4. Number of depositions by plaintiff(s) of: parties 1 non-parties 3 5. Number of depositions by defendant(s) of: parties 5 non-parties 5 6. Time limits for depositions: 7 hours of testimony 7. Date for completion of [class certification] discovery: April 20, 2017 The Parties request that factual discovery be completed three (3) months after the court issues its order of Plaintiff's Motion for Class Certification 8. Number of expert witnesses of plaintiff(s): medical 0 non-medical 5 Date for expert report(s): May 18, 2017 9. Number of expert witnesses of defendant(s): medical 0 non-medical 5 Date for expert report(s): June 9, 2017 10. Date for completion of expert discovery: June 30, 2017 11. Time for amendment of the pleadings by plaintiff(s): October 14, 2016 or by defendant(s): October 14, 2016 12. Number of proposed additional parties to be joined by plaintiff(s) and by defendant(s) and time for completion of joinder: 0 13. Types of contemplated dispositive motions: plaintiff(s): summary judgment defendant(s): motion to dismiss; summary judgment 14. Dates for filing contemplated dispositive motions: plaintiff(s): two months after completion of factual discovery for summary judgment motion defendant(s): June 3, 2016 for motion to dismiss; two months after completion of factual discovery for summary judgment motion 15. Have counsel reached any agreements regarding electronic discovery? If so, please describe at the initial conference. Not at this juncture. But the Parties believe that they will be able to reach agreement on such a protocol without intervention of the Court. 16. Will the parties *consent to trial before a magistrate judge pursuant to 28 U.S.C. §636? (Answer no if any party declines to consent without indicating which party has declined.) No 17. This case should be ordered to arbitration at the close of discovery No 18. This case should be ordered to mediation (now or at a later date) Both sides are amenable to discussion of mediation at an appropriate point of the litigation. (Rodriguez, Lori) |
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| Wednesday, April 20, 2016 | ||
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minutes
Initial Conference Hearing
Wed 04/20 5:12 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Michael Reese; Paul Garrity, Tyler Baker. Scheduling order entered. Discovery deadlines: 4/20/17 (class/fact); 6/30/17 (expert). Next conference 9/22/16 at 3:00 (status). Initial Conference Hearing held on 4/20/2016 (Levy, Robert) |
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| Monday, April 04, 2016 | ||
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order
Order on Motion for Pre Motion Conference
Mon 04/04 6:21 PM
ORDER granting10 Motion for Pre Motion Conference. The Pre Motion Conference will be held on Monday, April 18, 2016, at 12:30 P.M. in Courtroom 6H North. So Ordered by Judge William F. Kuntz, II on 4/4/2016. (Goodwin, John) |
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| Friday, April 01, 2016 | ||
| 13 | 13
respm
Response in Opposition to Motion
Fri 04/01 11:45 AM
RESPONSE in Opposition re10 Letter MOTION for pre motion conference filed by Leif Nelson. |
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| Monday, March 28, 2016 | ||
| 12 | 12
notice
Notice of Appearance
Mon 03/28 4:48 PM
NOTICE of Appearance by Tyler E. Baker on behalf of MillerCoors' Oil Can Breweries, MillerCoors, LLC (aty to be noticed) (Baker, Tyler) |
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| Friday, March 25, 2016 | ||
| 11 | 11
notice
Notice of Appearance
Fri 03/25 4:21 PM
NOTICE of Appearance by Shin Young Hahn on behalf of MillerCoors' Oil Can Breweries, MillerCoors, LLC (aty to be noticed) (Hahn, Shin) |
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| 10 | 10
motion
Pre Motion Conference
Fri 03/25 3:43 PM
Letter MOTION for pre motion conference by MillerCoors' Oil Can Breweries, MillerCoors, LLC. (Garrity, Paul) |
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| Tuesday, March 22, 2016 | ||
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order
Order on Motion for Leave to Appear Pro Hac Vice
Tue 03/22 2:10 PM
ORDER granting9 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office... Ordered by Magistrate Judge Robert M. Levy on 3/22/2016. (Levy, Robert) |
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| Friday, March 11, 2016 | ||
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utility
Case Assigned/Reassigned
Fri 03/11 10:38 AM
Case Reassigned to Judge William F. Kuntz, II. Judge John Gleeson no longer assigned to the case.Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) |
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| Saturday, March 05, 2016 | ||
| 9 | 9
motion
Appear Pro Hac Vice
Sat 03/05 1:44 PM
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8431370. by Leif Nelson. (Wolchansky, Melissa) |
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Att: 1
Affidavit in Support,
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Att: 2
Certificate of Good Standing,
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Att: 3
Admission to Practice Pro Hac Vice,
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Att: 4
Certificate of Service
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| Tuesday, March 01, 2016 | ||
| 8 | 8
motion
Extension of Time to File Answer
Tue 03/01 9:49 AM
Consent MOTION for Extension of Time to File Answer re5 Amended Complaint or Otherwise Respond by MillerCoors' Oil Can Breweries, MillerCoors, LLC. (Garrity, Paul) |
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order
Order on Motion for Extension of Time to Answer
Tue 03/01 3:44 PM
ORDER granting8 Motion for Extension of Time to Answer. MillerCoors' Oil Can Breweries: answer due 3/25/2016; MillerCoors, LLC: answer due 3/25/2016. Ordered by Magistrate Judge Robert M. Levy on 3/1/2016. (Marino, Janine) |
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| Thursday, February 11, 2016 | ||
| 7 | 7
order
Scheduling Order
Thu 02/11 12:23 PM
SCHEDULING ORDER: An initial conference has been scheduled for April 20, 2016 at 4:30 p.m., before the Honorable Robert M. Levy, United States Magistrate Judge, at 225 Cadman Plaza East, Brooklyn, New York. Parties are directed to check-in with chambers, Room 1223-S, upon arrival. All counsel must be present. Plaintiffs counsel is directed to confirm with defendants counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 2/11/2016. (Marino, Janine) |
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| Wednesday, February 10, 2016 | ||
| 6 | 6
service
Summons Issued
Wed 02/10 10:47 AM
Summons Issued as to Amended Complaint as to MillerCoors' Oil Can Breweries, MillerCoors, LLC. (Piper, Francine) |
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Att: 1
MillerCoors' Oil Can Breweries Summons
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| Tuesday, February 09, 2016 | ||
| 5 | 5
30+
pgs
cmp
Amended Complaint
Tue 02/09 3:47 PM
AMENDED COMPLAINT against MillerCoors, LLC, MillerCoors' Oil Can Breweries, filed by Leif Nelson. |
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Att: 1
Proposed Summons,
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Att: 2
Proposed Summons
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| Monday, December 14, 2015 | ||
| 4 | 4
1
pgs
service
Summons Issued
Mon 12/14 12:49 PM
Summons Issued as to Miller Brewing Co.. (Davis, Kimberly) |
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| 3 | 3
1
pgs
misc
Quality Control Check - Attorney Case Opening
Mon 12/14 12:36 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
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| 2 | 2
2
pgs
misc
Clerks Notice of Rule 73
Mon 12/14 12:29 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
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utility
Case Assigned/Reassigned
Mon 12/14 12:29 PM
Case Assigned to Judge John Gleeson and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
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| Friday, December 11, 2015 | ||
| 1 | 1
22
pgs
cmp
Complaint
Fri 12/11 3:56 PM
COMPLAINT against Miller Brewing Co. filing fee $ 400, receipt number 0207-8234172 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Leif Nelson. |
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Att: 1
Civil Cover Sheet,
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Att: 2
1 pgs
Proposed Summons
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