Eve Sales Corp. et al v. Marie Sharp's, USA, LLC

New York Southern District Court
Judge:P Kevin Castel
Case #: 1:24-cv-02757
Nature of Suit190 Contract - Other Contract
Cause28:1332jd Diversity-Declaratory Judgement
Case Filed:Apr 11, 2024
Last checked: Thursday Apr 11, 2024 4:08 PM EDT
Defendant
Marie Sharp's, USA, LLC
1976 Runny Mede Road
Winston-Salem, NC 27104
Plaintiff
Eve Sales Corp.
945 Close Ave.
Bronx, NY 10473
Represented By
Damian Leonard Albergo
Albergo, Shmaruk & Kofman, LLC
contact info
Plaintiff
Marie Sharp's Fine Foods, Ltd.


Docket last updated: 04/28/2024 11:59 PM EDT
Friday, April 26, 2024
16 16 cmp Amended Complaint Fri 04/26 2:35 PM
FIRST AMENDED COMPLAINT amending15 Amended Complaint, against Marie Sharp's, USA, LLC.Document filed by Eve Sales Corp., Marie Sharp's Fine Foods, Ltd.. Related document:15 Amended Complaint,..(Albergo, Damian)
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Att: 1 Exhibit A -2017 Agreement,
Att: 2 Exhibit B -2022 Agreement
misc Notice to Attorney Regarding Deficient Pleading Fri 04/26 2:15 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Damian Leonard Albergo to RE-FILE Document No. 15 Amended Complaint. The filing is deficient for the following reason(s): all of the filers were not selected for the pleading. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
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Thursday, April 25, 2024
15 15 cmp Amended Complaint Thu 04/25 11:44 AM
FIRST AMENDED COMPLAINT amending1 Complaint, against Marie Sharp's, USA, LLC.Document filed by Eve Sales Corp.. Related document:1 Complaint,..(Albergo, Damian)
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Att: 1 Exhibit Exhibit A - 2017 Agreement,
Att: 2 Exhibit Exhibit B - 2022 Agreement
Wednesday, April 24, 2024
14 14 service Waiver of Service Executed Wed 04/24 11:37 AM
WAIVER OF SERVICE RETURNED EXECUTED. Marie Sharp's, USA, LLC waiver sent on 4/15/2024, answer due 6/14/2024. Document filed by Marie Sharp's, USA, LLC..(Parks, Nicholas)
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13 13 motion Appear Pro Hac Vice Wed 04/24 11:30 AM
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nicholas Hugh Parks to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29264283. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marie Sharp's, USA, LLC..(Parks, Nicholas) Modified on 4/24/2024 (rju)
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Att: 1 Exhibit AL Cert of Good Standing,
Att: 2 Exhibit TX Cert of Good Standing
misc Notice Regarding Deficient Motion to Appear Pro Hac Vice Wed 04/24 12:03 PM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 13 MOTION for Nicholas Hugh Parks to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29264283. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas; Supreme Court of Alabama; missing Proposed Order; Must provide a Declaration or a signed and notarized affidavit; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (rju)
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Monday, April 15, 2024
12 12 2 pgs order Order for Initial Pretrial Conference Mon 04/15 3:46 PM
INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/22/2024 at 12:30 PM before Judge P. Kevin Castel. The call-in information for all teleconferences is: Dial-in: 1-888-363-4749 Access Code: 3667981. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/15/2024) (vfr)
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11 11 notice Notice of Appearance Mon 04/15 3:07 PM
NOTICE OF APPEARANCE by Howard Gurock on behalf of Eve Sales Corp...(Gurock, Howard)
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10 10 2 pgs order Order Mon 04/15 1:02 PM
ORDER: The Complaint alleges that the defendant, Marie Sharp's, USA, LLC, is a "North Carolina limited liability company with its principal address located at 1976 Runnymede Road, Winston Salem, North Carolina." (Complaint Paragraph 6). The Complaint does not allege the citizenship of any member of the defendant limited liability company. Within fourteen (14) days of this Order, plaintiffs may serve a single interrogatory upon defendant Marie Sharp's, USA, LLC as to the citizenship of all natural persons who are its members, and if any corporation is a member, the jurisdiction under whose laws it is incorporated and the principal place of business. The defendant shall serve its response to the interrogatory within fourteen (14) days. Within forty-five (45) days of this Order, the plaintiffs shall amend their complaint to correct the jurisdictional deficiency by truthfully and accurately alleging the citizenship of the defendant limited liability company. If, by this date, the plaintiffs fail to allege complete diversity of citizenship, the action will be dismissed for lack of subject matter jurisdiction without further notice to any party. (AS FURTHER SET FORTH IN THIS ORDER.) SO ORDERED. (Signed by Judge P. Kevin Castel on 4/15/2024) (vfr)
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Friday, April 12, 2024
9 9 misc Civil Cover Sheet Fri 04/12 5:44 PM
CIVIL COVER SHEET filed..(Albergo, Damian)
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8 8 service Summons Issued Fri 04/12 3:26 PM
ELECTRONIC SUMMONS ISSUED as to Marie Sharp's, USA, LLC..(pc)
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7 7 service Request for Issuance of Summons Fri 04/12 8:52 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Marie Sharp's, USA, LLC, re:1 Complaint,. Document filed by Eve Sales Corp...(Albergo, Damian)
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notice Case Opening Initial Assignment Notice Fri 04/12 2:34 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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] ..(pc)
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utility Case Designation Fri 04/12 2:35 PM
Magistrate Judge Gabriel W. Gorenstein is designated to handle matters that may be referred in this case. 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] . (pc)
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utility Case Designated ECF Fri 04/12 2:35 PM
Case Designated ECF. (pc)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Fri 04/12 2:35 PM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Damian Leonard Albergo. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 1 (Citizen of This State); Citizenship Defendant code 2 (Citizen of Another State); County code Albany;. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to Bronx;. (pc)
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misc Notice to Attorney Regarding Deficient Civil Cover Sheet Fri 04/12 2:35 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Damian Leonard Albergo to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple citizenships for the plaintiff were selected. Choose one for the first listed plaintiff. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc)
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Thursday, April 11, 2024
6 6 notice Notice of Appearance Thu 04/11 6:14 PM
NOTICE OF APPEARANCE by David Stanley Gold on behalf of Marie Sharp's Fine Foods, Ltd...(Gold, David)
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5 5 misc Rule 7.1 Corporate Disclosure Statement Thu 04/11 6:07 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Marie Sharp's Fine Foods, Ltd...(Gold, David)
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4 4 notice Notice of Appearance Thu 04/11 5:58 PM
NOTICE OF APPEARANCE by David Stanley Gold on behalf of Marie Sharp's Fine Foods, Ltd...(Gold, David)
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3 3 misc Rule 7.1 Corporate Disclosure Statement Thu 04/11 4:45 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Eve Sales Corp...(Albergo, Damian)
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2 2 misc Civil Cover Sheet Thu 04/11 4:01 PM
CIVIL COVER SHEET filed..(Albergo, Damian)
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1 1 cmp Complaint Thu 04/11 3:51 PM
COMPLAINT against Marie Sharp's, USA, LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-29207404)Document filed by Eve Sales Corp...(Albergo, Damian)
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Att: 1 Exhibit Exhibit A - 2017 Agreement,
Att: 2 Exhibit Exhibit B - 2022 Agreement