Trisvan v. Burger King Worldwide, Inc.
| New York Eastern District Court | |
| Judge: | Margo K Brodie |
| Referred: | Steven Tiscione |
| Case #: | 1:19-cv-06396 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Nov 06, 2019 |
| Terminated: | Mar 31, 2021 |
| Last checked: Monday May 04, 2020 6:13 AM EDT |
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Defendant
Burger King Worldwide, Inc.
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Defendant
Restaurants Brands International
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Defendant
Tim Hortons Incorporated
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Plaintiff
John Trisvan
378 Monroe Street
Brooklyn, NY 11221 |
GPO
Apr 24 2020
MEMORANDUM AND ORDER, Accordingly, the Court dismisses the Complaint for lack of subject matter jurisdiction. See 28 U.S.C. § 1915(e)(2)(b); Fed. R. Civ. P. 12(h)(3). The Court grants Plaintiff leave to file a second amended complaint within thirty (30) days from the entry of this Memorandum and Order. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45(1962). The Clerk of Court is directed to mail a copy of this Memorandum and Order to Plaintiff. Ordered by Judge Margo K. Brodie on 4/24/2020. (Piper, Francine) |
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GPO
Mar 30 2021
MEMORANDUM AND ORDER, The Court dismisses with prejudice Plaintiff's claims under the Sherman Act and the Clayton Act for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B) and dismisses without prejudice Plaintiff's claims under the Magnuson-Moss Warranty Act and the U.C.C. for lack of subject matter jurisdiction pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore denies in forma pauperis status for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to enter judgment, mail a copy of this Memorandum and Order to Plaintiff, and close this case. Ordered by Chief Judge Margo K. Brodie on 3/30/2021. (Piper, Francine) |
| Docket last updated: 04/30/2024 11:59 PM EDT |
| Friday, May 21, 2021 | ||
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order
Order on Motion for Leave to Proceed In Forma Pauperis
Fri 05/21 12:02 PM
ORDER denying13 Motion for Leave to Proceed in forma pauperis. The Court certified pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from its10 Memorandum and Order would not be taken in good faith and therefore denied in forma pauperis status for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). Plaintiff may seek leave to proceed in forma pauperis directly with the U.S. Court of Appeals for the Second Circuit. Ordered by Chief Judge Margo K. Brodie on 5/21/2021. (Bacchi, Joseph) |
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| Thursday, May 13, 2021 | ||
| 13 | 13
motion
Proceed In Forma Pauperis
Thu 05/13 11:39 AM
MOTION for Leave to Proceed in forma pauperis Notice of Appeal by John Trisvan. (Jones, Vasean) |
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appeal
Electronic Index to Record on Appeal
Thu 05/13 11:40 AM
Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals.12 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean) |
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| Monday, May 03, 2021 | ||
| 12 | 12
appeal
Notice of Appeal
Mon 05/03 10:42 AM
NOTICE OF APPEAL as to11 Clerk's Judgment, by John Trisvan. (Jones, Vasean) |
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appeal
Appeal Filing Fee Due
Mon 05/03 10:43 AM
APPEAL FILING FEE DUE re12 Notice of Appeal Payment in the amount of $505.00, can be made in person to the clerks office, or mailed in or paid online with the event Civil Case Appeal Filing Fee . (Jones, Vasean) |
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appeal
Electronic Index to Record on Appeal
Mon 05/03 10:43 AM
Electronic Index to Record on Appeal sent to US Court of Appeals.12 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean) |
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| Wednesday, March 31, 2021 | ||
| 11 | 11
order
Judgment - Clerk
Wed 03/31 11:16 AM
CLERK'S JUDGMENT, It is ORDERED and ADJUDGED that Plaintiff's claims under the Sherman Act and the Clayton Act for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B) are dismissed with prejudice; that Plaintiff's claims under the Magnuson-Moss Warranty Act and the U.C.C. for lack of subject matter jurisdiction pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure are dismissed without prejudice; that pursuant to 28 U.S.C. § 1915(a)(3), any appeal from this Order would not be taken in good faith; and that in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Signed by Douglas C. Palmer, Clerk of Court by Jalitza Poveda, Deputy Clerk on 3/31/2021. (Piper, Francine) |
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| Tuesday, March 30, 2021 | ||
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pgs
order
Memorandum & Opinion
Tue 03/30 1:04 PM
MEMORANDUM AND ORDER, The Court dismisses with prejudice Plaintiff's claims under the Sherman Act and the Clayton Act for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B) and dismisses without prejudice Plaintiff's claims under the Magnuson-Moss Warranty Act and the U.C.C. for lack of subject matter jurisdiction pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore denies in forma pauperis status for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to enter judgment, mail a copy of this Memorandum and Order to Plaintiff, and close this case. Ordered by Chief Judge Margo K. Brodie on 3/30/2021. (Piper, Francine) |
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| Friday, April 24, 2020 | ||
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8
pgs
order
Memorandum & Opinion
Fri 04/24 3:13 PM
MEMORANDUM AND ORDER, Accordingly, the Court dismisses the Complaint for lack of subject matter jurisdiction. See 28 U.S.C. § 1915(e)(2)(b); Fed. R. Civ. P. 12(h)(3). The Court grants Plaintiff leave to file a second amended complaint within thirty (30) days from the entry of this Memorandum and Order. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45(1962). The Clerk of Court is directed to mail a copy of this Memorandum and Order to Plaintiff. Ordered by Judge Margo K. Brodie on 4/24/2020. (Piper, Francine) |
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| Wednesday, April 01, 2020 | ||
| 7 | 7
cmp
Amended Complaint
Wed 04/01 3:09 PM
AMENDED COMPLAINT against Burger King Worldwide, Inc., Restaurants Brands International, Tim Hortons Incorporated, filed by John Trisvan. (Marziliano, August) |
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| Monday, March 09, 2020 | ||
| 6 | 6
misc
Letter
Mon 03/09 3:27 PM
Letter dated March 9, 2020 from John Trisvan to Magistrate Tiscione, advising that plaintiff did not receive a copy of the Memorandum and Order dated March 2, 2020. (Piper, Francine) |
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| Monday, March 02, 2020 | ||
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pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Mon 03/02 5:18 PM
MEMORANDUM AND ORDER. The Court dismisses the Complaint for failure to state a claim. See 28 U.S.C. § 1915(e)(2)(b); Fed. R. Civ. P. 12(h)(3). The Court grants Plaintiff leave to file an amended complaint within thirty (30) days from the entry of this Memorandum and Order. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). Ordered by Judge Margo K. Brodie on 3/2/2020. (Valentin, Winnethka) |
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| Monday, January 13, 2020 | ||
| 4 | 4
misc
Letter
Mon 01/13 3:05 PM
Letter dated January 13, 2020 from John Trisvan to Magistrate Tiscione, requesting the status of the motion to proceed. (Piper, Francine) |
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| Thursday, November 14, 2019 | ||
| 3 | 3
misc
Clerks Notice of Rule 73
Thu 11/14 3:34 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. (Davis, Kimberly) |
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| Wednesday, November 06, 2019 | ||
| 2 | 2
MOTION for Leave to Proceed in forma pauperis by John Trisvan. (Davis, Kimberly)
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| 1 | 1
COMPLAINT against Burger King Worldwide, Inc., filed by John Trisvan. (Davis, Kimberly)
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Att: 1
Civil Cover Sheet
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