Franklin v. Vertex Global Solutions, Inc. et al
| New York Southern District Court | |
| Judge: | Katherine Polk Failla |
| Case #: | 1:20-cv-10495 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1332 Diversity Action |
| Case Filed: | Dec 11, 2020 |
| Last checked: Wednesday Jun 09, 2021 4:20 AM EDT |
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Defendant
Fresh Direct, LLC
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Represented By
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Defendant
Vertex Global Solutions, Inc.
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Represented By
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Plaintiff
Henry Franklin
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Represented By
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| Docket last updated: 05/16/2025 11:59 PM EDT |
| Friday, July 08, 2022 | ||
| 44 | 44
misc
Stipulation of Voluntary Dismissal
Fri 07/08 11:41 AM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Fresh Direct, LLC, Vertex Global Solutions, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Henry Franklin. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Lee, C.K.) |
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| Tuesday, April 05, 2022 | ||
| 43 | 43
order
Case Management Plan
Tue 04/05 3:36 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Fact Discovery due by 12/15/2022. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than 4/30/2023. Depositions of fact witnesses shall be completed by 12/15/2022. This case is to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is 5 days. Pretrial Conference set for 12/20/2022 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 4/5/2022) (rro) |
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| 42 | 42
order
Memo Endorsement ~Util - Set Deadlines/Hearings
Tue 04/05 3:30 PM
MEMO ENDORSEMENT on re:41 Letter filed by Henry Franklin. ENDORSEMENT: For substantially the reasons outlined by Plaintiff, the Court does not believe bifurcated discovery is appropriate in this case. See, e.g., Flores v. Stanford, No. 18 Civ. 2468 (VB) (JCM), 2021 WL 4441614, at *5-6 (S.D.N.Y. Sept. 28, 2021) (denying bifurcation of class discovery from individual discovery where merits issues overlapped with class issues). Rather, Defendants shall be permitted to seek discovery into the issues they perceive to stand at the threshold of this case and present their arguments incident to any future motion practice. Accordingly, the Court will enter Plaintiff's proposed case management plan under separate cover. In addition, the parties are directed to appear for a post-fact discovery conference on December 20, 2022, at 10:00 a.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. (Discovery Hearing set for 12/20/2022 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 4/5/2022) (rro) |
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| Wednesday, March 30, 2022 | ||
| 41 | 41
misc
Letter
Wed 03/30 4:40 PM
JOINT LETTER addressed to Judge Katherine Polk Failla from C.K. Lee dated March 30, 2022 re: Case Management Plan. Document filed by Henry Franklin..(Lee, C.K.) |
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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, March 09, 2022 | ||
| 40 | 40
answer
Answer to Amended Complaint
Wed 03/09 9:52 PM
ANSWER to24 Amended Complaint,. Document filed by Fresh Direct, LLC..(Swirsky, Steven) |
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| 39 | 39
misc
Rule 7.1 Corporate Disclosure Statement
Wed 03/09 9:50 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Fresh Direct Holdings, Inc., Other Affiliate Koninklijke Ahold Delhaize N.V., Other Affiliate RFD II, Inc., Other Affiliate Sprinter Holding, LLC, Other Affiliate CP Fresh Truck, LLC, Other Affiliate Ahold Delhaize Investment Holding, Inc. for Fresh Direct, LLC. Document filed by Fresh Direct, LLC..(Horowitz, Jennifer) |
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| 38 | 38
misc
Rule 7.1 Corporate Disclosure Statement
Wed 03/09 12:14 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Vertex Global Solutions, Inc...(Hanan, Michael) |
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| 37 | 37
answer
Answer to Amended Complaint
Wed 03/09 12:12 PM
ANSWER to24 Amended Complaint,. Document filed by Vertex Global Solutions, Inc...(Hanan, Michael) |
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| Wednesday, February 09, 2022 | ||
| 36 | 36
32
pgs
order
Memorandum & Opinion
Wed 02/09 10:56 AM
OPINION AND ORDER: re:29 MOTION to Dismiss Amended Complaint . filed by Fresh Direct, LLC,28 MOTION to Dismiss . filed by Vertex Global Solutions, Inc. For the foregoing reasons, Vertex and Fresh Direct's motions to dismiss are DENIED. Defendants are hereby ordered to file Answers to the Amended Complaint by March 9, 2022. Moreover, the parties are directed to file a proposed case management plan and joint status letter by March 30, 2022. The Clerk of Court is directed to terminate the pending motions at docket entries 28 and 29. So Ordered. (Signed by Judge Katherine Polk Failla on 2/9/2022) (js) |
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utility
Set/Reset Deadlines
Wed 02/09 10:58 AM
Set/Reset Deadlines: Fresh Direct, LLC answer due 3/9/2022; Vertex Global Solutions, Inc. answer due 3/9/2022. (js) |
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| Thursday, January 27, 2022 | ||
| 35 | 35
notice
Notice (Other)
Thu 01/27 12:15 PM
NOTICE of Supplemental Authority re:29 MOTION to Dismiss Amended Complaint .,28 MOTION to Dismiss .. Document filed by Henry Franklin..(Lee, C.K.) |
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| Monday, August 23, 2021 | ||
| 34 | 34
respm
Reply Memorandum of Law in Support of Motion
Mon 08/23 5:23 PM
REPLY MEMORANDUM OF LAW in Support re:29 MOTION to Dismiss Amended Complaint . . Document filed by Fresh Direct, LLC..(Swirsky, Steven) |
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| 33 | 33
respm
Reply to Response to Motion
Mon 08/23 1:21 PM
REPLY to Response to Motion re:28 MOTION to Dismiss . . Document filed by Vertex Global Solutions, Inc...(Hanan, Michael) |
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| Friday, July 09, 2021 | ||
| 30 | 30
19
pgs
respm
Memorandum of Law in Support of Motion
Fri 07/09 8:27 PM
MEMORANDUM OF LAW in Support re:29 MOTION to Dismiss Amended Complaint . . Document filed by Fresh Direct, LLC..(Swirsky, Steven) |
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| 29 | 29
motion
Dismiss
Fri 07/09 8:24 PM
MOTION to Dismiss Amended Complaint . Document filed by Fresh Direct, LLC..(Swirsky, Steven) |
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| 28 | 28
motion
Dismiss
Fri 07/09 2:53 PM
MOTION to Dismiss . Document filed by Vertex Global Solutions, Inc...(Hanan, Michael) |
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Att: 1
Proposed Brief iso MTD,
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Att: 2
Certification of Counsel iso MTD,
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Att: 3
Exhibit Exhibit A iso MTD,
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Att: 4
Cert of Service
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| Tuesday, June 15, 2021 | ||
| 27 | 27
misc
Notice of Filing Transcript
Tue 06/15 3:25 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/13/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
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| 26 | 26
misc
Transcript
Tue 06/15 3:23 PM
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/13/2021 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/6/2021. Redacted Transcript Deadline set for 7/16/2021. Release of Transcript Restriction set for 9/13/2021..(McGuirk, Kelly) |
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| Monday, June 07, 2021 | ||
| 25 | 25
misc
Letter
Mon 06/07 2:30 PM
LETTER addressed to Judge Katherine Polk Failla from Michael S. Hanan, Esq. dated June 7, 2021 re: Telephone Conference Transcript. Document filed by Vertex Global Solutions, Inc...(Hanan, Michael) |
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Att: 1
Transcript
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| Tuesday, June 01, 2021 | ||
| 24 | 24
cmp
Amended Complaint
Tue 06/01 12:20 PM
FIRST AMENDED COMPLAINT amending1 Complaint against Fresh Direct, LLC, Vertex Global Solutions, Inc. with JURY DEMAND.Document filed by Henry Franklin. Related document:1 Complaint..(Lee, C.K.) |
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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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Att: 5
Exhibit E,
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Att: 6
Exhibit F
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| Thursday, May 13, 2021 | ||
| 23 | 23
1
pgs
order
Order ~Util - Set Deadlines
Thu 05/13 6:49 PM
ORDER: As ordered on the record on May 13, 2021, Plaintiff shall file his amended complaint on or by June 4, 2021. The Court adopts the following briefing schedule for Defendants' anticipated motions to dismiss: Defendants' moving papers shall be due on or July 9, 2021; Plaintiff's consolidated opposition shall be due on or by August 9, 2021; and Defendants' reply papers, if any, shall be due on or by August 23, 2021. Plaintiff's consolidated opposition may not exceed 35 pages in length. (Amended Pleadings due by 6/4/2021., Motions due by 7/9/2021., Responses due by 8/9/2021, Replies due by 8/23/2021.) (Signed by Judge Katherine Polk Failla on 5/13/2021) (rro) |
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minutes
Pre-Motion Conference
Thu 05/20 12:41 PM
Minute Entry for proceedings held before Judge Katherine Polk Failla: Pre-Motion Conference held on 5/13/2021. Attorneys Rony Guldmann and C.K. Lee representing Plaintiff present. Attorney Michael Scott Hanan representing Defendant Vertex Global Solutions, Inc. present. Attorney Jennifer Michelle Horowitz representing Defendant Fresh Direct, LLC present. (See Order dated 5/13/2021.) (Court Reporter Rose Prater) (tn) |
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| Wednesday, May 05, 2021 | ||
| 22 | 22
notice
Notice of Appearance
Wed 05/05 4:57 PM
NOTICE OF APPEARANCE by Maxine Jordan Nicholas (Nee Kutner) on behalf of Vertex Global Solutions, Inc...(Nicholas (Nee Kutner), Maxine) |
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| Tuesday, May 04, 2021 | ||
| 21 | 21
notice
Notice of Appearance
Tue 05/04 10:06 AM
NOTICE OF APPEARANCE by Rony Guldmann on behalf of Henry Franklin..(Guldmann, Rony) |
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| Monday, May 03, 2021 | ||
| 20 | 20
4
pgs
order
Order on Motion for Conference
Mon 05/03 3:47 PM
MEMO ENDORSEMENT on20 granting16 Letter Motion for Conference re:16 LETTER MOTION for Conference re:1 Complaint addressed to Judge Katherine Polk Failla from Michael S. Hanan dated 04/30/2021.,17 LETTER MOTION for Conference re:1 Complaint addressed to Judge Katherine Polk Failla from Steven M. Swirsky dated April 30, 2021. ; granting17 Letter Motion for Conference re:16 LETTER MOTION for Conference re:1 Complaint addressed to Judge Katherine Polk Failla from Michael S. Hanan dated 04/30/2021.,17 LETTER MOTION for Conference re:1 Complaint addressed to Judge Katherine Polk Failla from Steven M. Swirsky dated April 30, 2021. ENDORSEMENT: The Court is in receipt of Defendants' letters seeking a pre-motionconference to request leave to file anticipated motions to dismiss(Dkt. #16, 17), and Plaintiff's letter in opposition (Dkt. #19).The parties are hereby ORDERED to appear for a conference on May 13,2021, at 2:00 p.m., to discuss the issues raised in the parties'letters. The conference shall take place by telephone. At theappointed time, the parties shall call (888) 363-4749 and enteraccess code 5123533. Please note, the conference will not beavailable before 2:00 p.m. Telephone Conference set for 5/13/2021 at 02:00 PM before Judge Katherine Polk Failla.. (Signed by Judge Katherine Polk Failla on 5/3/2021) (rro) |
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| 19 | 19
respm
Response to Motion
Mon 05/03 2:20 PM
LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from C.K. Lee dated May 3, 2021 re:16 LETTER MOTION for Conference re:1 Complaint addressed to Judge Katherine Polk Failla from Michael S. Hanan dated 04/30/2021.,17 LETTER MOTION for Conference re:1 Complaint addressed to Judge Katherine Polk Failla from Steven M. Swirsky dated April 30, 2021. . Document filed by Henry Franklin..(Lee, C.K.) |
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Att: 1
Exhibit A
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| Friday, April 30, 2021 | ||
| 18 | 18
notice
Notice of Appearance
Fri 04/30 3:26 PM
NOTICE OF APPEARANCE by Patrick G. Brady on behalf of Fresh Direct, LLC..(Brady, Patrick) |
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| 17 | 17
motion
Conference
Fri 04/30 3:06 PM
LETTER MOTION for Conference re:1 Complaint addressed to Judge Katherine Polk Failla from Steven M. Swirsky dated April 30, 2021. Document filed by Fresh Direct, LLC..(Swirsky, Steven) |
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| 16 | 16
motion
Conference
Fri 04/30 10:35 AM
LETTER MOTION for Conference re:1 Complaint addressed to Judge Katherine Polk Failla from Michael S. Hanan dated 04/30/2021. Document filed by Vertex Global Solutions, Inc...(Hanan, Michael) |
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| Wednesday, April 07, 2021 | ||
| 15 | 15
2
pgs
order
Order on Motion for Extension of Time to Answer
Wed 04/07 12:17 PM
ORDER granting14 Motion for Extension of Time to Answer re14 LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Judge Katherine Polk Failla from Michael S. Hanan dated 04/07/2021.,1 Complaint. Application GRATNED, with the understanding that no further extensions of the deadline to respond to the Complaint will be granted. Vertex Global Solutions, Inc. answer due 4/30/2021. (Signed by Judge Katherine Polk Failla on 4/7/2021) (nb) |
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| 14 | 14
motion
Extension of Time to File Answer
Wed 04/07 10:24 AM
LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Judge Katherine Polk Failla from Michael S. Hanan dated 04/07/2021. Document filed by Vertex Global Solutions, Inc.. Return Date set for 4/30/2021 at 10:00 AM..(Hanan, Michael) |
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| Wednesday, March 31, 2021 | ||
| 13 | 13
2
pgs
order
Order on Motion for Extension of Time to Answer
Wed 03/31 4:48 PM
ORDER granting12 Letter Motion for Extension of Time to Answer re12 LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Judge Katherine Polk Failla from Jennifer M. Horowitz dated March 31, 2021.,1 Complaint. Application GRATNED, with the understanding that no further extensions of the deadline to respond to the Complaint will be granted. Fresh Direct, LLC answer due 4/30/2021. (Signed by Judge Katherine Polk Failla on 3/31/2021) (nb) |
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| 12 | 12
motion
Extension of Time to File Answer
Wed 03/31 2:10 PM
LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Judge Katherine Polk Failla from Jennifer M. Horowitz dated March 31, 2021. Document filed by Fresh Direct, LLC..(Horowitz, Jennifer) |
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| Friday, March 12, 2021 | ||
| 11 | 11
2
pgs
order
Order on Motion for Extension of Time to Answer
Fri 03/12 3:12 PM
ORDER granting10 Letter Motion for Extension of Time to Answer re10 LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Magistrate Judge Gabriel W. Gorenstein from Michael S. Hanan, Esq. dated 03/12/2021.,1 Complaint. Application GRANTED. To the Court's knowledge, this case has not been referred to Judge Gorenstein for any purpose. However, the Court will entertain a request for a referral to Judge Gorenstein for all purposes or for a settlement conference if the parties consent. Vertex Global Solutions, Inc. answer due 4/9/2021.. (Signed by Judge Katherine Polk Failla on 3/12/2021) (nb) |
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| 10 | 10
motion
Extension of Time to File Answer
Fri 03/12 10:41 AM
LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Magistrate Judge Gabriel W. Gorenstein from Michael S. Hanan, Esq. dated 03/12/2021. Document filed by Vertex Global Solutions, Inc.. Return Date set for 4/9/2021 at 09:00 AM..(Hanan, Michael) |
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| Friday, February 19, 2021 | ||
| 9 | 9
service
Summons Returned Executed
Fri 02/19 12:44 PM
SUMMONS RETURNED EXECUTED. Fresh Direct, LLC served on 2/1/2021, answer due 2/22/2021. Document filed by Henry Franklin..(Lee, C.K.) |
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| 8 | 8
service
Summons Returned Executed
Fri 02/19 12:43 PM
SUMMONS RETURNED EXECUTED. Vertex Global Solutions, Inc. served on 2/1/2021, answer due 2/22/2021. Document filed by Henry Franklin..(Lee, C.K.) |
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| Thursday, December 31, 2020 | ||
| 7 | 7
notice
Notice of Appearance
Thu 12/31 4:43 PM
NOTICE OF APPEARANCE by Anne Melissa Seelig on behalf of Henry Franklin..(Seelig, Anne) |
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| Monday, December 14, 2020 | ||
| 6 | 6
service
Summons Issued
Mon 12/14 12:26 PM
ELECTRONIC SUMMONS ISSUED as to Fresh Direct, LLC..(dnh) |
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| 5 | 5
service
Summons Issued
Mon 12/14 12:22 PM
ELECTRONIC SUMMONS ISSUED as to Vertex Global Solutions, Inc...(dnh) |
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misc
Notice to Attorney Regarding Party Modification
Mon 12/14 12:09 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney C.K. Lee. The party information for the following party/parties has been modified: The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh) |
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notice
Case Opening Initial Assignment Notice
Mon 12/14 12:13 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(dnh) |
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utility
Case Designation
Mon 12/14 12:13 PM
Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (dnh) |
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utility
Case Designated ECF
Mon 12/14 12:14 PM
Case Designated ECF. (dnh) |
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| Friday, December 11, 2020 | ||
| 4 | 4
service
Request for Issuance of Summons
Fri 12/11 2:10 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Fresh Direct, LLC, re:1 Complaint. Document filed by Henry Franklin..(Lee, C.K.) |
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| 3 | 3
service
Request for Issuance of Summons
Fri 12/11 2:09 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Vertex Global Solutions, Inc., re:1 Complaint. Document filed by Henry Franklin..(Lee, C.K.) |
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| 2 | 2
misc
Civil Cover Sheet
Fri 12/11 2:08 PM
CIVIL COVER SHEET filed..(Lee, C.K.) |
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| 1 | 1
cmp
Complaint
Fri 12/11 2:08 PM
COMPLAINT against Fresh Direct, LLC, Vertex Global Solutions, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-22996570)Document filed by Henry Franklin..(Lee, C.K.) |
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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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