Sibrian v. Cento Fine Foods, Inc.
| New York Eastern District Court | |
| Judge: | Joanna Seybert |
| Referred: | Steven Tiscione |
| Case #: | 2:19-cv-00974 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Feb 19, 2019 |
| Terminated: | Aug 05, 2020 |
| Last checked: Sunday Aug 18, 2019 4:19 AM EDT |
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Defendant
Cento Fine Foods, Inc.
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Represented By
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Plaintiff
Ricardo Sibrian
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Represented By
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Plaintiff
Kristen Ruiz
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Represented By
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Plaintiff
Rachel Parks
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Represented By
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Plaintiff
Vincent Nardi
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Represented By
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Plaintiff
Jessica Mcclain
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Represented By
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Plaintiff
Michele Liguori
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Represented By
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Plaintiff
Frank Fuda
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Represented By
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Plaintiff
Dennis M. Friess
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Represented By
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Plaintiff
Kristy Frazier
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Represented By
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Plaintiff
Jane Doe
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Represented By
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Plaintiff
Danielle Dimieri
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Represented By
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Plaintiff
Anne Marie Barletta
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Represented By
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Plaintiff
Geri Acquaro
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Represented By
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GPO
Jul 02 2020
MEMORANDUM & ORDER granting 20 Motion to Dismiss for Failure to State a Claim; Defendant's motion to dismiss (D.E. 20) is GRANTED in its entirety. If Plaintiff chooses to file a Second Amended Complaint, it must do so within thirty (30) days of the date of this Memorandum and Order. If Plaintiff does not file a Second Amended Complaint within thirty days, the Clerk of the Court is directed to enter judgment accordingly and mark this case CLOSED. So Ordered by Judge Joanna Seybert on 7/2/2020. C/ECF (Valle, Christine) |
| Docket last updated: 04/25/2024 11:59 PM EDT |
| Wednesday, August 05, 2020 | ||
| 31 | 31
order
Judgment - Clerk
Wed 08/05 3:56 PM
CLERK'S JUDGMENT: ORDERED AND ADJUDGED that Plaintiff Ricardo Sibrian take nothing of Defendant Cento Fine Foods, Inc.; that Defendant's motion to dismiss is granted in its entirety; and that this case is closed. Ordered by Clerk of Court on 8/5/2020. (Toritto, Jim) |
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| Friday, January 24, 2020 | ||
| 29 | 29
respoth
Reply in Support
Fri 01/24 5:47 PM
REPLY in Support re25 Memorandum in Opposition to Defendants Motion for Judicial Notice and Motion to Strike filed by Cento Fine Foods, Inc.. (Tyler, Daniel) |
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| 28 | 28
respoth
Reply in Support
Fri 01/24 5:45 PM
REPLY in Support re26 Memorandum in Opposition,20 Notice of MOTION to Dismiss for Failure to State a Claim and Motion to Strike filed by Cento Fine Foods, Inc.. (Tyler, Daniel) |
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| Tuesday, January 21, 2020 | ||
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utility
Case Assigned/Reassigned
Tue 01/21 11:45 AM
Case Reassigned to Magistrate Judge Steven Tiscione. Magistrate Judge Gary R. Brown 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. (Corsini, Alexander) |
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| Friday, January 17, 2020 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Fri 01/17 9:38 AM
ELECTRONIC ORDER granting27 Motion for Extension of Time to File Response/Reply. Defendant's consent motion for an extension of time to file a reply (D.E. 27) is GRANTED. Defendant shall file its reply on or before January 24, 2020. Ordered by Judge Joanna Seybert on 1/17/2020. (Brown, Melissa) |
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| Thursday, January 16, 2020 | ||
| 27 | 27
motion
Extension of Time to File Response/Reply
Thu 01/16 2:41 PM
Consent MOTION for Extension of Time to File Response/Reply as to25 Memorandum in Opposition,19 Pre Motion Conference,20 Notice of MOTION to Dismiss for Failure to State a Claim and Motion to Strike by Cento Fine Foods, Inc.. (Tyler, Daniel) |
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| Monday, December 23, 2019 | ||
| 26 | 26
27
pgs
respoth
Memorandum in Opposition
Mon 12/23 1:46 PM
MEMORANDUM in Opposition re20 Notice of MOTION to Dismiss for Failure to State a Claim and Motion to Strike Amended filed by All Plaintiffs. (Nam, Sue) |
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Att: 1
Exhibit A
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| 25 | 25
8
pgs
respoth
Memorandum in Opposition
Mon 12/23 9:41 AM
MEMORANDUM in Opposition re20 Notice of MOTION to Dismiss for Failure to State a Claim and Motion to Strike and Motion for Judicial Notice filed by All Plaintiffs. (Nam, Sue) |
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| 24 | 24
27
pgs
respoth
Memorandum in Opposition
Mon 12/23 9:38 AM
MEMORANDUM in Opposition re20 Notice of MOTION to Dismiss for Failure to State a Claim and Motion to Strike filed by All Plaintiffs. (Nam, Sue) |
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| Wednesday, December 18, 2019 | ||
| 23 | 23
notice
Notice of Appearance
Wed 12/18 9:47 AM
NOTICE of Appearance by Sue Jung Nam on behalf of Ricardo Sibrian (aty to be noticed) (Nam, Sue) |
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| Thursday, December 12, 2019 | ||
| 22 | 22
motion
Extension of Time to File Response/Reply
Thu 12/12 4:33 PM
Consent MOTION for Extension of Time to File Response/Reply as to19 Pre Motion Conference,21 Letter MOTION for Extension of Time to File Response/Reply as to18 Order on Motion for Pre Motion Conference,20 Notice of MOTION to Dismiss for Failure to State a Claim and Motion to Strike ,20 Notice of MOTION to Dismiss for Failure to State a Claim and Motion to Strike by Ricardo Sibrian. |
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| 21 | 21
motion
Extension of Time to File Response/Reply
Thu 12/12 11:22 AM
Letter MOTION for Extension of Time to File Response/Reply as to18 Order on Motion for Pre Motion Conference,20 Notice of MOTION to Dismiss for Failure to State a Claim and Motion to Strike by Ricardo Sibrian. |
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order
Order on Motion for Extension of Time to File Response/Reply
Thu 12/12 4:52 PM
ELECTRONIC ORDER granting21 and22 Motion for Extension of Time to File Response/Reply. Plaintiffs' consent motion (D.E. 22) for an extension of time to file Plaintiffs' opposition to Defendant's motion to dismiss (D.E. 20) is GRANTED. The Court adopts the parties' proposed briefing schedule. Plaintiffs shall file their opposition on or before December 23, 2019. Defendant shall file its reply, if any, on or before January 17, 2020. Ordered by Judge Joanna Seybert on 12/12/2019. (Brown, Melissa) |
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| Friday, November 08, 2019 | ||
| 20 | 20
motion
Dismiss for Failure to State a Claim
Fri 11/08 6:37 PM
Notice of MOTION to Dismiss for Failure to State a Claim and Motion to Strike by Cento Fine Foods, Inc.. (Tyler, Daniel) |
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Att: 1
Memorandum in Support Memorandum of Law in Support,
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Att: 2
Declaration of Patrick Ciccotelli,
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Att: 3
Exhibit Ciccotelli Dec. Ex. A,
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Att: 4
Exhibit Ciccotelli Dec. Ex. B,
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Att: 5
Exhibit Ciccotelli Dec. Ex. C,
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Att: 6
Declaration of Daniel Tyler,
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Att: 7
Exhibit Tyler Dec. Ex. A,
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Att: 8
Exhibit Tyler Dec. Ex. B
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| Friday, October 18, 2019 | ||
| 19 | 19
minutes
Pre Motion Conference
Fri 10/18 4:20 PM
Minute Entry for proceedings held before Judge Joanna Seybert: Pre-Motion Conference held on 10/18/2019. Motion to be filed by 11/8/2019; Response by 12/13/2019; Reply by 1/3/2020. (Baran, Charles) |
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| Tuesday, August 13, 2019 | ||
| 18 | 18
1
pgs
order
Order on Motion for Pre Motion Conference
Tue 08/13 12:23 PM
ORDER granting16 Motion for Pre-Motion Conference. Pre-Motion Conference set for Fri. 10/18/2019 at 2:30pm in Courtroom 1030 before Judge Joanna Seybert. See attached Notice. Ordered by Judge Joanna Seybert on 8/13/2019. (Baran, Charles) |
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| Friday, July 26, 2019 | ||
| 17 | 17
respm
Response in Opposition to Motion
Fri 07/26 10:52 PM
RESPONSE in Opposition re16 MOTION for pre motion conference Pre-Rule 12 Motion Letter and Request for Pre-Motion Conference filed by Geri Acquaro, Anne Marie Barletta, Danielle Dimieri, Jane Doe, Kristy Frazier, Dennis M. Friess, Frank Fuda, Michele Liguori, Jessica Mcclain, Vincent Nardi, Rachel Parks, Kristen Ruiz, Ricardo Sibrian. (Sheehan, Spencer) |
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Att: 1
Exhibit Affidavit of Giuseppe Napoletano Accompanying Defendant's Sanctions Motion
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| Friday, July 19, 2019 | ||
| 16 | 16
motion
Pre Motion Conference
Fri 07/19 5:18 PM
MOTION for pre motion conference Pre-Rule 12 Motion Letter and Request for Pre-Motion Conference by Cento Fine Foods, Inc.. (Tyler, Daniel) |
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| Saturday, July 06, 2019 | ||
| 15 | 15
service
Summons Returned Executed
Sat 07/06 1:19 PM
SUMMONS Returned Executed by Danielle Dimieri, Rachel Parks, Anne Marie Barletta, Vincent Nardi, Dennis M. Friess, Jessica Mcclain, Ricardo Sibrian, Michele Liguori, Kristen Ruiz, Frank Fuda, Jane Doe, Kristy Frazier, Geri Acquaro. Cento Fine Foods, Inc. served on 5/15/2019, answer due 6/5/2019. (Sheehan, Spencer) |
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| Friday, July 05, 2019 | ||
| 14 | 14
39
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cmp
Amended Complaint
Fri 07/05 11:50 PM
AMENDED COMPLAINT (first) against Cento Fine Foods, Inc., filed by Ricardo Sibrian, Michele Liguori, Kristy Frazier, Anne Marie Barletta, Frank Fuda, Vincent Nardi, Rachel Parks, Kristen Ruiz, Danielle Dimieri, Jane Doe, Jessica Mcclain, Dennis M. Friess, Geri Acquaro. (Sheehan, Spencer) |
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Att: 1
3 pgs
Exhibit Exhibit A Dna test 2014,
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Att: 2
4 pgs
Exhibit Exhibit B Dna test 2019,
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Att: 3
38 pgs
Exhibit Exhibit C, Subject: S. Marzano DOP tomato of Agro Sarnese Nocerino, 2018 campaign data update, TR0316808444,
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Att: 4
15 pgs
Exhibit Exhibit D, Production Journal for 2018 season of Cooperative Solania scrl Agricert,
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Att: 5
9 pgs
Exhibit Exhibit E, Analysis of canned tomatoes from two different manufacturers, Dr. Chaim Frenkel, Rutgers Professor of Plant Biology, June 6, 2019,
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Att: 6
3 pgs
Exhibit Exhibit F, Frenkel Report 2, Weight in grams (g) of drained tomato fruit and juice from two manufacturers, June 23, 2019, Chaim Frenkel, Rutgers University,
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Att: 7
4 pgs
Exhibit Exhibit G, Agri-Cert, Certificato Di Prodotto Rintracciabilita' Di Filiera, UNI EN ISO 22005:2008,
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Att: 8
2 pgs
Exhibit Exhibit H, Supply Chain Product Traceability Form, UNI EN ISO 22005:2008, Translated by Rev.com, Inc., TR0719123709,] 30 Nov. 2017,
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Att: 9
19 pgs
Exhibit Exhibit I, Report No. 85/1. Carabinieri Station, Agricultural and Food Policies, Anti-Fraud Unit of Carabinieri Salerno, 16. Nov. 2010, Translated by Rev.com, Inc., TR0071439063,
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Att: 10
17 pgs
Exhibit Exhibit J, Nr.85/1. Comando Carabinieri Politiche Agricole e Alimentari, Nucleo Antifrodi Carabinieri Salerno, 16 novembre 2010,
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Att: 11
14 pgs
Exhibit Exhibit K, Decree Ordering the Trial, Court of Nocera Inferiore, Office Of The Preliminary Investigations Judge, March 7, 2013, Translated by Rev.com, Inc., TR0205938741,
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Att: 12
11 pgs
Exhibit Exhibit L, Decreto Che Dispone Il Giudizio, Tribunale Di Nocera Inferiore, Ufficio Del Giudice Per Le Indagini Preliminari, [date illegible],
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Att: 13
18 pgs
Exhibit Exhibit M, Judgment, Court of Nocera Inferiore, June 6, 2019, Translated by Rev.com, Inc, TR0261811954,
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Att: 14
21 pgs
Exhibit Exhibit N, Sentenza, Tribunale di Nocera Inferiore, 21 05-2019 06-06-2019
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| Tuesday, June 11, 2019 | ||
| 13 | 13
motion
Appear Pro Hac Vice
Tue 06/11 3:16 PM
MOTION to Appear Pro Hac Vice of Daniel S. Tyler Filing fee $ 150, receipt number ANYEDC-11564497. by Cento Fine Foods, Inc.. (Tyler, Daniel) |
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Att: 1
Affidavit of Daniel S. Tyler
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| 12 | 12
respm
Response in Opposition to Motion
Tue 06/11 1:59 PM
RESPONSE in Opposition re11 MOTION for Extension of Time to Amend1 Complaint, filed by Cento Fine Foods, Inc.. (Woelker, Erin) |
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order
Order on Motion for Extension of Time to Amend
Tue 06/11 2:22 PM
ELECTRONIC ORDER granting11 Motion for Extension of Time to Amend. Plaintiff's amended complaint shall be filed on or before July 5, 2019. No further extensions will be granted absent extraordinary circumstances. If appropriate, Defendant may renew its request for a pre-motion conference after Plaintiff's amendment. Ordered by Judge Joanna Seybert on 6/11/2019. (Torreblanca, David) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Tue 06/11 3:57 PM
ELECTRONIC ORDER granting13 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. 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 via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 6/11/2019. C/ECF (Johnston, Linda) |
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| Monday, June 10, 2019 | ||
| 11 | 11
motion
Extension of Time to Amend
Mon 06/10 4:35 PM
MOTION for Extension of Time to Amend1 Complaint, by Ricardo Sibrian. (Sheehan, Spencer) |
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| Tuesday, June 04, 2019 | ||
| 10 | 10
misc
Corporate Disclosure Statement
Tue 06/04 1:27 PM
Corporate Disclosure Statement by Cento Fine Foods, Inc. identifying Corporate Parent Atlantic Food Distributors, Inc. for Cento Fine Foods, Inc.. (Woelker, Erin) |
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| Friday, May 31, 2019 | ||
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order
Order on Motion for Pre Motion Conference Order on Motion to Amend/Correct/Supplement
Fri 05/31 9:22 AM
ELECTRONIC ORDER denying8 Motion for Pre-Motion Conference; granting9 Motion to Amend/Correct/Supplement. Plaintiff shall file his amended complaint on or before June 14, 2019. If appropriate, Defendant may renew its request for a pre-motion conference after Plaintiff's amendment. Ordered by Judge Joanna Seybert on 5/31/2019. (Torreblanca, David) |
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| Thursday, May 30, 2019 | ||
| 9 | 9
motion
Amend/Correct/Supplement
Thu 05/30 7:04 PM
First MOTION to Amend/Correct/Supplement1 Complaint, as of right pursuant to FRCP 15(a)(1)(B) by Ricardo Sibrian. (Sheehan, Spencer) |
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| Thursday, May 23, 2019 | ||
| 8 | 8
motion
Pre Motion Conference
Thu 05/23 4:30 PM
MOTION for pre motion conference Pre-Rule 12 Motion Letter and Request for Pre-Motion Conference by Cento Fine Foods, Inc.. (Woelker, Erin) |
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| 7 | 7
notice
Notice of Appearance
Thu 05/23 4:21 PM
NOTICE of Appearance by Erin R. Woelker on behalf of Cento Fine Foods, Inc. (aty to be noticed) (Woelker, Erin) |
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| Friday, May 17, 2019 | ||
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order
Order on Motion for Extension of Time to File
Fri 05/17 9:37 AM
ELECTRONIC ORDER granting6 Motion for Extension of Time to File. Plaintiff shall file proof of service with the Court on or before June 17, 2019. Ordered by Judge Joanna Seybert on 5/17/2019. (Torreblanca, David) |
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| Thursday, May 16, 2019 | ||
| 6 | 6
motion
Extension of Time to File Document
Thu 05/16 9:22 AM
First MOTION for Extension of Time to File proof of service by Ricardo Sibrian. (Sheehan, Spencer) |
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| 5 | 5
notice
Notice of Appearance
Thu 05/16 8:30 AM
NOTICE of Appearance by Michael Robert Reese on behalf of Ricardo Sibrian (aty to be noticed) |
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| Wednesday, February 20, 2019 | ||
| 4 | 4
service
Summons Issued
Wed 02/20 1:15 PM
Summons Issued as to Cento Fine Foods, Inc.. (Flanagan, Doreen) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Wed 02/20 1:05 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:[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. (Flanagan, Doreen) |
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| 2 | 2
misc
Quality Control Check - Attorney Case Opening
Wed 02/20 12:58 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
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utility
Case Assigned/Reassigned
Wed 02/20 1:05 PM
Case Assigned to Judge Joanna Seybert and Magistrate Judge Gary R. Brown. 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. (Flanagan, Doreen) |
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| Tuesday, February 19, 2019 | ||
| 1 | 1
cmp
Complaint
Tue 02/19 2:38 AM
COMPLAINT against All Defendants filing fee $ 400, receipt number BNYEDC-11208683 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Ricardo Sibrian. (Sheehan, Spencer) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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