FAHEY v. GODIVA CHOCOLATIER, INC. (1:19-cv-02128), District Of Columbia District Court

FAHEY v. GODIVA CHOCOLATIER, INC.

District Of Columbia District Court
Judge:	John D Bates
Case #:	1:19-cv-02128
Nature of Suit	385 Torts - Personal Property - Property Damage Product Liability
Cause	28:1332 Diversity-(Citizenship)

Case Filed:	Jul 17, 2019
Terminated:	Feb 12, 2020

Last checked: Monday Jan 13, 2020 4:13 AM EST

Defendant GODIVA CHOCOLATIER, INC.	Represented By Seth A. Moskowitz Kasowitz Benson Torres LLP contact info Henry B. Brownstein Kasowitz Benson Torres LLP contact info Brian S. Choi Kasowitz Benson Torres LLP contact info
Plaintiff A. KEVIN FAHEY	Represented By Thomas C. Willcox Thomas C. Willcox, Attorney At Law contact info

GPO Feb 18 2020
MEMORANDUM OPINION (REDACTED). Signed by Judge John D. Bates on 02/18/2020. (lcjdb2)

Docket last updated: 04/22/2024 11:59 PM EDT

Tuesday, February 25, 2020
		misc Case Remanded to Superior Court Tue 02/25 11:15 AM Case Remanded to Superior Court re24 Order on Motion to Remand to State Court. (ztd) Related: [-]
Tuesday, February 18, 2020
27		27 12 pgs order Memorandum & Opinion Tue 02/18 4:25 PM MEMORANDUM OPINION (REDACTED). Signed by Judge John D. Bates on 02/18/2020. (lcjdb2) Related: [-]
		order .Order Tue 02/18 4:29 PM MINUTE ORDER: Upon consideration of26 defendant's memorandum of law in support of sealing the Court's February 12, 2020 Memorandum Opinion, and the entire record herein, the Court concludes that some, but not all, of defendant's proposed redactions are appropriate under United States v. Hubbard , 650 F.2d 293, 317-20 (D.C. Cir. 1980). Godiva is a privately held company, and its past and projected sales figures are competitively sensitive business information that reveal its financial health and may prejudice the company if released. Other information, like the time and expense it would take to comply with an injunction and the value of its current inventory, offer Godiva's competitors little advantage if made public. The Court thus redacts such information as necessary to keep Godiva's sales figures private, while making public the other information that is both key to the Court's reasoning and less vital to the company's business interests. Signed by Judge John D. Bates on 02/18/2020. (lcjdb2) Related: [-]
Friday, February 14, 2020
26		26 13 pgs misc Memorandum Fri 02/14 4:08 PM MEMORANDUM re25 Sealed Memorandum Opinion by GODIVA CHOCOLATIER, INC.. (Brownstein, Henry) Related: [-]
Wednesday, February 12, 2020
25		25 misc Sealed Memorandum Opinion Wed 02/12 12:09 PM SEALED MEMORANDUM OPINION. (This document is SEALED and only available to authorized persons.)Signed by Judge John D. Bates on 02/12/2020.(tb) Related: [-]
24		24 1 pgs order Order on Motion to Remand to State Court Wed 02/12 11:12 AM ORDER granting9 plaintiff 's motion to remand to District of Columbia Superior Court. See text of order and accompanying Memorandum Opinion for details. Signed by Judge John D. Bates on 02/12/2020. (tb) (ztb) Related: [-]
		order .Order Wed 02/12 12:13 PM MINUTE ORDER: It is hereby ORDERED that, if either party objects to the public release of25 the unredacted Memorandum Opinion published under seal this day, it shall file a memorandum by not later than 5:00 p.m. on February 14, 2020, setting forth in detail the reasons for each proposed redaction and explaining how each is justified under the governing standard for sealing court records, United States v. Hubbard , 650 F.2d 293, 317-22 (D.C. Cir. 1980). Signed by Judge John D. Bates on 02/12/2020. (lcjdb2) Related: [-]
		utility Set/Reset Deadlines Wed 02/12 3:51 PM Set/Reset Deadlines: Memorandum setting forth in detail the reasons for each proposed redaction and explaining how each is justified under the governing standard for sealing court records due by 2/14/2020. (tb) Related: [-]
Tuesday, October 15, 2019
23		23 misc Redacted Document Tue 10/15 2:51 PM REDACTED DOCUMENT- redacted version of reply to22 Sealed Reply, by A. KEVIN FAHEY. (Willcox, Thomas) Related: [-]
22		22 misc Sealed Reply Tue 10/15 2:43 PM SEALED REPLY TO OPPOSITION filed by A. KEVIN FAHEY re19 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by GODIVA CHOCOLATIER, INC. (This document is SEALED and only available to authorized persons.) (This document is SEALED and only available to authorized persons.)(Willcox, Thomas) Related: [-]
Wednesday, October 02, 2019
21		21 misc Sealed Document Sun 10/06 2:06 PM SEALED DOCUMENT (Sealed Unredacted Opposition) filed by GODIVA CHOCOLATIER, INC. to Plaintiff's.9 Motion to Remand to State Court. (This document is SEALED and only available to authorized persons). (zjth) Related: [-]
		Att: 1 Unredacted Supporting Declaration of Jennifer J. Smith
		order Order on Motion for Extension of Time to Set/Reset Deadlines Wed 10/02 10:32 AM MINUTE ORDER: Upon consideration of17 joint amended stipulation and request to extend time and 18 motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED nunc pro tunc that defendant's opposition to the motion to remand is due by not later than October 1, 2019; and it is further ORDERED that any reply by plaintiff is due by not later than October 14, 2019. SO ORDERED. Signed by Judge John D. Bates on 10/02/2019. (lcjdb2) Related: [-]
		order Order on Sealed Motion for Leave to File Document Under Seal Wed 10/02 12:09 PM MINUTE ORDER: Upon consideration of19 defendant's motion for leave to file partially under seal its opposition to9 plaintiff's motion to remand, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the Clerk of Court shall file under seal [19-1] defendant's unredacted opposition and [19-2] the supporting declaration of Jennifer J. Smith. SO ORDERED. Signed by Judge John D. Bates on 10/02/2019. (lcjdb2) Related: [-]
Tuesday, October 01, 2019
20		20 24 pgs respm Memorandum in opposition to motion Tue 10/01 6:44 PM Memorandum in opposition to re9 MOTION to Remand to State Court Related [+] filed by GODIVA CHOCOLATIER, INC..(Brownstein, Henry) Related: [-] dacted
		Att: 1 Declaration of Jennifer J. Smith,
		Att: 2 Text of Proposed Order
19		19 motion Sealed Motion for Leave to File Document Under Seal Tue 10/01 6:21 PM SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by GODIVA CHOCOLATIER, INC. (This document is SEALED and only available to authorized persons.)(Brownstein, Henry) Related: [-]
		Att: 1 Exhibit A: Unredacted Opposition to Remand Brief,
		Att: 2 Exhibit B: Unredacted Declaration of Jennifer J. Smith,
		Att: 3 Text of Proposed Order
Monday, September 16, 2019
18		18 motion Extension of Time to Mon 09/16 2:46 PM MOTION for Extension of Time by GODIVA CHOCOLATIER, INC. (ztd); (See docket entry no.17 to view.) Related: [-]
17		17 misc Stipulation Mon 09/16 1:28 PM STIPULATION re10 Stipulation /Joint Amended Stipulation and Request to Extend Time on Jurisdictional Discovery and Response to Motion to Remand by GODIVA CHOCOLATIER, INC..(Brownstein, Henry) Related: [-]
		Att: 1 Text of Proposed Order
Thursday, August 22, 2019
16		16 16 pgs order Order on Motion for Protective Order Thu 08/22 10:41 AM ORDER granting15 the parties' joint motion for a protective order. See text of Order for details. Signed by Judge John D. Bates on 8/22/2019. (lcjdb2) Related: [-]
Tuesday, August 20, 2019
15		15 motion Protective Order Tue 08/20 2:36 PM Joint MOTION for Protective Order by GODIVA CHOCOLATIER, INC.(Brownstein, Henry) Related: [-]
		Att: 1 Text of Proposed Order
14		14 notice Notice of Supplemental Authority Tue 08/20 12:23 PM NOTICE OF SUPPLEMENTAL AUTHORITY by GODIVA CHOCOLATIER, INC.(Brownstein, Henry) Related: [-]
		Att: 1 Exhibit A - Florida Court Dismissal Order,
		Att: 2 Exhibit B - Florida Complaint
		notice Notice of QC Tue 08/20 11:43 AM NOTICE OF ERROR re13 NOTICE OF SUPPLEMENTAL AUTHORITY; emailed to smoskowitz@kasowitz.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Refer to LcvR 5.1(a) and (d) regarding Correspondence and Form of Documents. (ztd, ) Related: [-]
Monday, August 19, 2019
13		13 notice Notice of Supplemental Authority Mon 08/19 5:05 PM NOTICE OF SUPPLEMENTAL AUTHORITY by GODIVA CHOCOLATIER, INC.(Moskowitz, Seth) Related: [-]
		Att: 1 Exhibit A- Florida Court Dismissal Order,
		Att: 2 Exhibit B - Florida Complaint
Thursday, August 08, 2019
		utility Set/Reset Deadlines Thu 08/08 7:45 AM Set/Reset Deadlines: The parties shall exchange jurisdictional discovery requests by 8/9/2019; The parties shall respond to jurisdictional discovery requests by 9/16/2019; Defendant shall file any opposition to plaintiff's9 Motion to Remand by 9/26/2019; Plaintiff shall file any Reply in support of the Motion to Remand by 10/7/2019. (jth) Related: [-]
		order Order on Motion to Stay Thu 08/08 11:23 AM MINUTE ORDER: Upon consideration of12 plaintiff's motion for extension of time to oppose defendant's motion to dismiss, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that plaintiff shall file any opposition to8 defendant's motion to dismiss by not later than seven (7) days after the Court enters an order resolving plaintiff's motion to remand. SO ORDERED. Signed by Judge John D. Bates on 8/8/2019. (lcjdb2) Related: [-]
Wednesday, August 07, 2019
12		12 motion Stay Wed 08/07 9:38 PM MOTION to Stay re8 MOTION to Dismiss ,Transfer, Or Stay MOTION to Transfer Case MOTION to Stay filing of Plaintiff's Opposition by A. KEVIN FAHEY(Willcox, Thomas) Related: [-]
		Att: 1 Memorandum in Support Memorandum in Support,
		Att: 2 Text of Proposed Order Proposed Order
11		11 order Scheduling Order Wed 08/07 11:04 AM SCHEDULING ORDER. See text of Order for details. Signed by Judge John D. Bates on 8/7/2019. (lcjdb2) Related: [-]
Tuesday, August 06, 2019
10		10 misc Stipulation Tue 08/06 3:09 PM STIPULATION re9 MOTION to Remand to State Court and Proposed Order by GODIVA CHOCOLATIER, INC..(Brownstein, Henry) Related: [-]
		Att: 1 Text of Proposed Order
Wednesday, July 31, 2019
9		9 motion Remand to State Court Wed 07/31 7:29 PM MOTION to Remand to State Court by A. KEVIN FAHEY(Willcox, Thomas) Related: [-]
		Att: 1 Memorandum in Support
Wednesday, July 24, 2019
8		8 motion Dismiss Wed 07/24 7:42 PM MOTION to Dismiss ,Transfer, Or Stay by GODIVA CHOCOLATIER, INC.(Brownstein, Henry) Related: [-]
		Att: 1 Memorandum in Support,
		Att: 2 Declaration Of Henry Brownstein,
		Att: 3 Exhibit A: Unparalleled Belgian Heritage,
		Att: 4 Exhibit B: History of Godiva,
		Att: 5 Text of Proposed Order
		order Order on Motion for Leave to Appear Pro Hac Vice Wed 07/24 4:14 PM MINUTE ORDER: Upon consideration of6 the motion for leave for Seth A. Moskowitz to appear pro hac vice, and pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the Clerk of Court shall enter the appearance of Seth A. Moskowitz on behalf of defendant. SO ORDERED. Signed by Judge John D. Bates on 7/24/2019. (lcjdb2) Modified on 7/24/2019 (lcjdb2) Related: [-]
		order Order on Motion for Leave to Appear Pro Hac Vice Wed 07/24 4:19 PM MINUTE ORDER: Upon consideration of7 the motion for leave for Brian S. Choi to appear pro hac vice, and pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the Clerk of Court shall enter the appearance of Brian S. Choi on behalf of defendant. SO ORDERED. Signed by Judge John D. Bates on 7/24/2019. (lcjdb2) Related: [-]
Monday, July 22, 2019
7		7 motion Appear Pro Hac Vice Mon 07/22 4:54 PM MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brian S. Choi, :Firm- Kasowitz Benson Torres LLP, :Address- 1633 Broadway New York, NY 10019. Phone No. - (212) 506-3308. Fax No. - (212) 500-3595 Filing fee $ 100, receipt number 0090-6269748. Fee Status: Fee Paid. by GODIVA CHOCOLATIER, INC.(Brownstein, Henry) Related: [-]
		Att: 1 Declaration,
		Att: 2 Text of Proposed Order,
		Att: 3 Certificate of Service
6		6 motion Appear Pro Hac Vice Mon 07/22 4:49 PM MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Seth A. Moskowitz, :Firm- Kasowitz Benson Torres LLP, :Address- 1633 Broadway New York, NY 10019. Phone No. - (212) 506-1757. Fax No. - (212) 835-5057 Filing fee $ 100, receipt number 0090-6269732. Fee Status: Fee Paid. by GODIVA CHOCOLATIER, INC.(Brownstein, Henry) Related: [-]
		Att: 1 Declaration,
		Att: 2 Text of Proposed Order,
		Att: 3 Certificate of Service
5		5 notice Notice to Counsel/Party Mon 07/22 9:20 AM NOTICE to Counsel/Party re1 Notice of Removal, (zeg) Related: [-]
		utility Case Assigned/Reassigned Mon 07/22 9:20 AM Case Assigned to Judge John D. Bates. (zeg) Related: [-]
Friday, July 19, 2019
4		4 misc Errata Fri 07/19 10:58 AM ERRATA re: Notice of Removal by GODIVA CHOCOLATIER, INC.1 Notice of Removal, filed by GODIVA CHOCOLATIER, INC..(Brownstein, Henry) Related: [-]
		Att: 1 Exhibit A - Amended Civil Cover Sheet
Wednesday, July 17, 2019
3		3 notice Notice of Appearance Wed 07/17 10:44 PM NOTICE of Appearance by Henry B. Brownstein on behalf of GODIVA CHOCOLATIER, INC. (Brownstein, Henry) Related: [-]
2		2 notice LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests Wed 07/17 10:43 PM LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by GODIVA CHOCOLATIER, INC. (Brownstein, Henry) Related: [-]
1		1 cmp Notice of Removal Wed 07/17 10:35 PM NOTICE OF REMOVAL from Superior Court of the District of Columbia, case number 2019CA003515B Filing fee $ 400, receipt number 0090-6261210 filed by GODIVA CHOCOLATIER, INC..(Brownstein, Henry) Related: [-]
		Att: 1 Exhibit A - Superior Court Filings,
		Att: 2 Exhibit B - Service of Process,
		Att: 3 Exhibit C - Notice of Filing Notice of Removal,
		Att: 4 Civil Cover Sheet

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