New York Eastern District Court
Judge:Ann M Donnelly
Referred: Steven Tiscione
Case #: 1:16-cv-03396
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-Other Contract
Case Filed:Jun 22, 2016
Terminated:Feb 21, 2018
Last checked: Monday Dec 19, 2016 3:24 AM EST
Defendant
Post Foods, LLC
Represented By
Sarah L. Brew
Faegre Baker Daniels LLP
contact info
Joshua Kent Leader
Leader & Berkon LLP
contact info
Defendant
Post Holdings, Inc.
Represented By
Sarah L. Brew
Faegre Baker Daniels LLP
contact info
Joshua Kent Leader
Leader & Berkon LLP
contact info
Plaintiff
Robert Stephenson
Represented By
Beth E Terrell
Terrell Marshall Daudt & Willie PLLC
contact info
Adrienne McEntee
Terrell Marshall Law Group PLLC
contact info
Kim Richman
The Richman Law Group
contact info


Docket last updated: 5 hours ago
Wednesday, February 21, 2018
order Order Dismissing Case Wed 02/21 10:45 AM
ORDER DISMISSING CASE. Ordered by Judge Ann M. Donnelly on 2/21/2018. (Greene, Donna)
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Tuesday, February 20, 2018
41 41 misc Stipulation of Dismissal Tue 02/20 2:43 PM
STIPULATION of Dismissal by Robert Stephenson (Richman, Kim)
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Att: 1 Proposed Order
order Order(Other) Tue 02/20 4:44 PM
ORDER: In light of the stipulation of dismissal filed earlier today, the conference scheduled for February 21, 2018 is cancelled. So Ordered by Magistrate Judge Steven Tiscione on 2/20/2018. (Swartz, Rochelle)
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Wednesday, January 31, 2018
40 40 motion Substitute Attorney Wed 01/31 12:54 PM
MOTION to Substitute Attorney by Robert Stephenson. (Binkley, Clark)
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order Order on Motion to Substitute Attorney Wed 01/31 1:10 PM
ORDER granting40 Motion to Substitute Attorney. Attorney Adrienne McEntee and Beth E Terrell terminated. So Ordered by Magistrate Judge Steven Tiscione on 1/31/2018. (Vasquez, Lea)
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Friday, January 19, 2018
order Order on Motion for Extension of Time to Answer 1 - Terminate Hearings ~Util - Set Hearings Fri 01/19 9:32 AM
ORDER granting39 Motion for Extension of Time to 2/20/28 to answer Answer for All Defendants. The initial conference scheduled for January 26th will instead be held at 3:00 p.m. on February 21, 2018. There will be no further adjournments of this conference or extensions of time to answer. Counsel may appear at the February 21st conference to explain any further delays to the Court. So Ordered by Magistrate Judge Steven Tiscione on 1/19/2018. (Vasquez, Lea)
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Wednesday, January 17, 2018
39 39 motion Extension of Time to File Answer Wed 01/17 5:45 PM
Letter MOTION for Extension of Time to File Answer re1 Complaint, by Post Foods, LLC, Post Holdings, Inc.. (Leader, Joshua)
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Wednesday, January 10, 2018
order 1 - Terminate Hearings ~Util - Set Hearings Wed 01/10 11:28 AM
Due to a conflict in the Court's calendar, the initial scheduled for 10:00 a.m. on January 26th will instead be held at 4:00 p.m. on the same date. So Ordered by Magistrate Judge Steven Tiscione on 1/10/2018. (Vasquez, Lea)
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Thursday, December 14, 2017
order Order on Motion for Extension of Time to Answer 1 - Terminate Hearings ~Util - Set Hearings Thu 12/14 10:52 AM
ORDER granting38 Motion for Extension of Time to Answer for Post Foods, LLC and Post Holdings, Inc. to answer to 1/19/2018. The initial conference scheduled for January 4th will instead be held at 10:00 a.m. on January 26, 2018. So Ordered by Magistrate Judge Steven Tiscione on 12/14/2017. (Vasquez, Lea)
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Wednesday, December 13, 2017
38 38 motion Extension of Time to File Answer Wed 12/13 5:26 PM
MOTION for Extension of Time to File Answer re1 Complaint, by Post Foods, LLC, Post Holdings, Inc.. (Leader, Joshua)
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Tuesday, September 19, 2017
order Order on Motion for Extension of Time to Answer Scheduling Order Tue 09/19 12:37 PM
ORDER granting37 Motion for Extension of Time to 12/15/17 to Answer for All Defendants. The initial conference originally scheduled for October 12, 2016 will now be held at 11:00 a.m. on January 4, 2018 before the undersigned in Hearing Room N504 in the North Wing. All counsel must attend. Counsel shall refer to the Scheduling Order dated 7/7/16, docket entry5 , complete the Discovery Plan Worksheet and electronically file same with the Court by January 2nd. So Ordered by Magistrate Judge Steven Tiscione on 9/19/2017. (Vasquez, Lea)
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Friday, September 15, 2017
37 37 motion Extension of Time to File Answer Fri 09/15 5:34 PM
Letter MOTION for Extension of Time to File Answer re1 Complaint, or Otherwise Respond by Post Foods, LLC, Post Holdings, Inc.. (Leader, Joshua)
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Tuesday, August 22, 2017
order Order on Motion for Leave to File Tue 08/22 10:09 AM
ORDER finding as moot21 Motion for Leave to File. So Ordered by Magistrate Judge Steven Tiscione on 8/22/2017. (Vasquez, Lea)
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Monday, August 21, 2017
order Order on Motion to Amend/Correct/Supplement Mon 08/21 11:54 AM
ORDER finding as moot35 Motion to Amend/Correct/Supplement. In light of Plaintiff's intention to withdraw the motion, see docket entry 36, Plaintiff's Motion for Leave to File Amended Complaint21 and Defendants' Letter Motion to Amend/Correct/Supplement the Memorandum in Opposition35 are denied as moot. So Ordered by Magistrate Judge Steven Tiscione on 8/21/2017. (Vasquez, Lea)
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Friday, August 18, 2017
36 36 respm Response to Motion Fri 08/18 8:39 PM
RESPONSE to Motion re35 Letter MOTION to Amend/Correct/Supplement27 Memorandum in Opposition,28 Affidavit in Opposition to Motion by Plaintiff for Leave to File Amended Complaint filed by Robert Stephenson. (Richman, Kim)
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Friday, August 11, 2017
35 35 motion Amend/Correct/Supplement Fri 08/11 12:53 PM
Letter MOTION to Amend/Correct/Supplement27 Memorandum in Opposition,28 Affidavit in Opposition to Motion by Plaintiff for Leave to File Amended Complaint by Post Foods, LLC, Post Holdings, Inc.. (Leader, Joshua)
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order Order(Other) Fri 08/11 4:59 PM
ORDER: Plaintiff is directed to file a response to defendants'35 Letter Motion to Amend/Correct/Supplement by August 18, 2017. So Ordered by Magistrate Judge Steven Tiscione on 8/11/2017. (Friedman, Matthew)
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Wednesday, December 14, 2016
34 34 minutes Motion Hearing Order on Motion for Leave to File Wed 12/14 4:02 PM
Minute Order for Motion Hearing held on 12/14/2016 re21 MOTION for Leave to File Amended Complaint filed by Robert Stephenson before Magistrate Judge Steven L. Tiscione deferring ruling on21 Motion for Leave to File. Richman for plaintiff, Leader & Brew for defendant. Hearing held on21 Plaintiff's Motion for Leave to Amend. Court reserves decision on the motion and will schedule an initial conference once the motion is decided. (Tape #2:36-3:09.) (Vasquez, Lea)
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Tuesday, December 06, 2016
33 33 motion Adjourn Conference Tue 12/06 11:41 AM
Letter MOTION to Adjourn Conference for Oral Argument on Plaintiff's Motion for Leave to File Amended Complaint by Post Foods, LLC, Post Holdings, Inc.. (Leader, Joshua)
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order Order on Motion to Adjourn Conference Tue 12/06 12:30 PM
ORDER granting33 Motion to Adjourn Conference. The conference scheduled for December 8th will instead be held at 2:30 p.m. on December 14th. So Ordered by Magistrate Judge Steven L. Tiscione on 12/6/2016. (Vasquez, Lea)
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utility Set Motion and R&R Deadlines/Hearings Tue 12/06 12:34 PM
Re-set Hearing as to21 MOTION for Leave to File Amended Complaint .Motion Hearing set for 12/14/2016 at 2:30 PM before Magistrate Judge Steven L. Tiscione. A new date for the initial conference previously scheduled for 12/13/16 will also be set. (Vasquez, Lea)
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Monday, December 05, 2016
32 32 motion Adjourn Conference Mon 12/05 4:45 PM
Letter MOTION to Adjourn Conference on Plaintiff's Motion for Leave to File Amended Complaint and Adjournment of Initial Conference by Post Foods, LLC, Post Holdings, Inc.. (Leader, Joshua)
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order Order on Motion to Adjourn Conference Mon 12/05 6:15 PM
ORDER granting32 Motion to Adjourn Conference. The conference scheduled for December 9th will instead be held at 11:30 a.m. on December 8th. Counsel for defendants is directed to immediately confirm counsel for plaintiff of this new conference date and time. So Ordered by Magistrate Judge Steven L. Tiscione on 12/5/2016. (Vasquez, Lea)
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Tuesday, November 29, 2016
order Order on Motion for Hearing Order on Motion for Leave to File Tue 11/29 2:26 PM
ORDER granting29 Motion for Hearing; deferring ruling on21 Motion for Leave to File. An in-person hearing will be held at 12:30 p.m. on December 9th before the undersigned in Hearing Room N324. All counsel must attend. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendants' counsel. So Ordered by Magistrate Judge Steven L. Tiscione on 11/29/2016. (Vasquez, Lea)
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utility Set Motion and R&R Deadlines/Hearings Tue 11/29 2:27 PM
Set Motion Hearing for 12/9/2016 at 12:30 PM before Magistrate Judge Steven L. Tiscione. (Vasquez, Lea)
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Friday, November 18, 2016
31 31 misc Letter Fri 11/18 1:48 PM
Letter to the Honorable Ann Donnelly enclosing courtesy copies by Post Foods, LLC, Post Holdings, Inc. (Leader, Joshua)
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Tuesday, November 15, 2016
30 30 respoth Reply in Support Tue 11/15 10:21 PM
REPLY in Support re21 MOTION for Leave to File Amended Complaint filed by Robert Stephenson. (Richman, Kim)
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Tuesday, November 08, 2016
29 29 motion Hearing Tue 11/08 6:50 PM
Letter MOTION for Hearing re21 MOTION for Leave to File Amended Complaint by Post Foods, LLC, Post Holdings, Inc.. (Leader, Joshua)
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28 28 respm Affidavit/Declaration in Opposition to Motion Tue 11/08 6:38 PM
AFFIDAVIT/DECLARATION in Opposition re21 MOTION for Leave to File Amended Complaint filed by Post Foods, LLC, Post Holdings, Inc.. (Leader, Joshua)
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27 27 14 pgs respoth Memorandum in Opposition Tue 11/08 6:35 PM
MEMORANDUM in Opposition re21 MOTION for Leave to File Amended Complaint filed by Post Foods, LLC, Post Holdings, Inc.. (Leader, Joshua)
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Tuesday, November 01, 2016
order Order on Motion for Extension of Time to Answer Tue 11/01 12:19 PM
ORDER granting26 Motion for Extension of 28 DAYS to Answer the Complaint, once Plaintiff's motion for leave to amend the complaint is decided. So Ordered by Magistrate Judge Steven L. Tiscione on 11/1/2016. (Vasquez, Lea)
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Monday, October 31, 2016
26 26 motion Extension of Time to File Answer Mon 10/31 4:47 PM
Letter MOTION for Extension of Time to File Answer re1 Complaint, by Post Foods, LLC, Post Holdings, Inc.. (Leader, Joshua)
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Wednesday, October 26, 2016
25 25 notice Notice of Appearance Wed 10/26 2:53 PM
NOTICE of Appearance by Adrienne McEntee on behalf of Robert Stephenson (notification declined or already on case) (McEntee, Adrienne)
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24 24 notice Notice of Appearance Wed 10/26 2:51 PM
NOTICE of Appearance by Beth E Terrell on behalf of Robert Stephenson (notification declined or already on case) (Terrell, Beth)
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order Order on Motion for Leave to Appear Pro Hac Vice Wed 10/26 1:57 PM
ORDER granting22 and23 Motions for Leave for Beth E. Terrell and Adrienne D. McEntee to Appear Pro Hac Vice for the plaintiff. If not already done, the attorneys shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorneys shall file a notice of appearance and ensure that they receivee electronic notifications of activity in this case. Also, the attorneys shall ensure that the $150 admission fee per application be submitted to the Clerks Office. So Ordered by Magistrate Judge Steven L. Tiscione on 10/26/2016. (Vasquez, Lea)
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Tuesday, October 25, 2016
23 23 motion Appear Pro Hac Vice Tue 10/25 4:15 PM
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9017969. by Robert Stephenson. (McEntee, Adrienne)
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Att: 1 Affidavit of Adrienne D. McEntee
22 22 motion Appear Pro Hac Vice Tue 10/25 4:13 PM
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9017930. by Robert Stephenson. (Terrell, Beth)
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Att: 1 Affidavit of Beth E. Terrell
Monday, October 17, 2016
21 21 motion Leave to File Document Mon 10/17 7:03 PM
MOTION for Leave to File Amended Complaint by Robert Stephenson. (Richman, Kim)
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Att: 1 Declaration
Tuesday, October 11, 2016
20 20 misc Letter Tue 10/11 2:00 PM
Letter to Magistrate Judge Tiscione in Connection with Post's Request for Adjournment of Initial Conference by Robert Stephenson (Richman, Kim)
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Att: 1 Exhibit Post's Request for Pre-Motion Conference for Motion to Transfer and Plaintiff's Response,
Att: 2 Exhibit Plaintiff's Draft Discovery Plan
order Order on Motion to Adjourn Conference Order on Motion for Extension of Time to File Tue 10/11 2:49 PM
ORDER granting19 Motion to Adjourn Conference; granting19 Motion for Extension of Time to File. The conference scheduled for October 12th will instead be held at 10:00 a.m. on December 13th. Counsel shall electronically file the complete Discovery Plan Worksheet no later than December 9th. So Ordered by Magistrate Judge Steven L. Tiscione on 10/11/2016. (Vasquez, Lea)
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utility Set/Reset Hearings Tue 10/11 2:50 PM
Re-set Initial Conference for 12/13/2016 at 11:00 AM before Magistrate Judge Steven L. Tiscione. (Vasquez, Lea)
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minutes Pre Motion Conference Tue 10/11 4:18 PM
Minute Entry for proceedings held before Judge Ann M. Donnelly: Pre Motion Conference held on 10/11/2016. Appearances by Kim Richman for the plaintiff and Joshua Leader and Sarah Brew, appearing by telephone, for the defendants. Case called, discussions held. Given that the case in the Northern District of California was voluntarily dismissed, the anticipated motion to transfer venue is moot. The plaintiff's motion to amend is due October 17, 2016. The defendants' opposition is due November 8, 2016. The plaintiff's reply, if any, is due November 15, 2016 (Court Reporter Lisa Schwam.) (Sise, Ellen)
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order Order on Motion for Pre Motion Conference Tue 10/11 4:23 PM
ORDER denying18 Motion for Pre Motion Conference. A briefing schedule for the motion to amend was set at the pre motion conference regarding the defendants' anticipated motion to transfer venue. See minute entry from October 11, 2016. Ordered by Judge Ann M Donnelly on 10/11/2016. (Sise, Ellen)
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Friday, October 07, 2016
19 19 motion Adjourn Conference Extension of Time to File Document Fri 10/07 9:33 PM
MOTION to Adjourn Conference Initial Conference , MOTION for Extension of Time to File Discovery Plan by Post Foods, LLC, Post Holdings, Inc.. (Leader, Joshua)
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18 18 motion Pre Motion Conference Fri 10/07 7:35 PM
Letter MOTION for pre motion conference by Robert Stephenson. (Richman, Kim)
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Att: 1 Exhibit [Proposed] Amended Complaint
Thursday, October 06, 2016
17 17 notice Notice of Appearance Thu 10/06 10:54 AM
NOTICE of Appearance by Sarah L. Brew on behalf of Post Foods, LLC, Post Holdings, Inc. (aty to be noticed) (Brew, Sarah)
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Wednesday, October 05, 2016
16 16 motion Appear by Telephone Wed 10/05 11:15 AM
Letter Motion to Appear by Telephone for National Counsel, Sarah L. Brew, Esq. by Post Foods, LLC, Post Holdings, Inc.. (Leader, Joshua)
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order Order on Motion to Appear by Telephone Wed 10/05 11:31 AM
ORDER granting16 Motion to Appear by Telephone. Counsel should call chambers in advance of the pre motion conference scheduled at 10:30 a.m. on October 11, 2016. Ordered by Judge Ann M Donnelly on 10/5/2016. (Sise, Ellen)
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Friday, September 16, 2016
15 15 motion Appear Pro Hac Vice Fri 09/16 4:57 PM
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8918768. by Post Foods, LLC, Post Holdings, Inc.. (Leader, Joshua)
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Att: 1 Affirmation of Joshua K. Leader Esq. in Support of Motion for Admission Pro Hac Vice,
Att: 2 Affidavit of Sarah L. Brew Esq. in Support of Motion for Admission Pro Hac Vice,
Att: 3 Proposed Order for Admission Pro Hac Vice
order Order on Motion for Leave to Appear Pro Hac Vice Fri 09/16 6:25 PM
ORDER granting15 Motion for Leave Sara L. Brew to Appear Pro Hac Vice for defendants. If not already done, the attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. So Ordered by Magistrate Judge Steven L. Tiscione on 9/16/2016. (Vasquez, Lea)
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Thursday, September 08, 2016
14 14 motion Adjourn Conference Thu 09/08 10:43 AM
Letter MOTION to Adjourn Conference by Post Foods, LLC, Post Holdings, Inc.. (Leader, Joshua)
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order Order on Motion to Adjourn Conference Thu 09/08 2:57 PM
ORDER granting14 Motion to Adjourn Conference. The pre motion conference will take place at 10:30 am on October 11, 2016. Ordered by Judge Ann M Donnelly on 9/8/2016. (Sise, Ellen)
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Tuesday, September 06, 2016
13 13 respm Response to Motion Tue 09/06 4:05 PM
RESPONSE to Motion re11 Letter MOTION for pre motion conference filed by Robert Stephenson. (Richman, Kim)
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Wednesday, August 31, 2016
order Order on Motion for Extension of Time to Answer Wed 08/31 3:14 PM
ORDER granting10 Motion for Extension of Time to Answer for All Defendants. Should the case survive the pending motion to transfer, an answer will be due no later than 14 days after the motion is decided. So Ordered by Magistrate Judge Steven L. Tiscione on 8/31/2016. (Vasquez, Lea)
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Tuesday, August 30, 2016
12 12 misc Corporate Disclosure Statement Tue 08/30 5:47 PM
Corporate Disclosure Statement by Post Foods, LLC, Post Holdings, Inc. identifying Corporate Parent Post Holdings, Inc., Corporate Parent Post Consumer Brands, LLC for Post Foods, LLC. (Leader, Joshua)
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11 11 motion Pre Motion Conference Tue 08/30 4:12 PM
Letter MOTION for pre motion conference by Post Foods, LLC, Post Holdings, Inc.. (Leader, Joshua)
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Att: 1 Exhibit Motion to Dismiss,
Att: 2 Exhibit Motion to Dismiss Exhibits 1-11,
Att: 3 Exhibit Motion to Dismiss Exhibit 12,
Att: 4 Exhibit Motion to Dismiss Exhibit 13
order Order on Motion for Pre Motion Conference Tue 08/30 6:01 PM
ORDER granting11 Motion for Pre Motion Conference. The parties shall appear for a pre motion conference at 10:30 a.m. on September 13, 2016. Ordered by Judge Ann M Donnelly on 8/30/2016. (Sise, Ellen)
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Monday, August 29, 2016
10 10 motion Extension of Time to File Answer Mon 08/29 5:28 PM
MOTION for Extension of Time to File Answer by Post Foods, LLC, Post Holdings, Inc.. (Leader, Joshua)
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Att: 1 Exhibit Joint Stipulation to Extend Defendants' Time to Respond to Complaint
9 9 notice Notice of Appearance Mon 08/29 5:10 PM
NOTICE of Appearance by Joshua Kent Leader on behalf of Post Foods, LLC, Post Holdings, Inc. (aty to be noticed) (Leader, Joshua)
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Tuesday, August 02, 2016
order Order to Answer ~Util - Set Deadlines Tue 08/02 8:59 AM
ORDER TO ANSWER re8 Stipulation filed by Robert Stephenson: Defendants' time to answer is extended to 8/31/16. So Ordered by Magistrate Judge Steven L. Tiscione on 8/2/2016. (Vasquez, Lea)
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Monday, August 01, 2016
8 8 misc Stipulation Mon 08/01 5:01 PM
STIPULATION TO EXTEND DEFENDANT'S TIME TO ANSWER by Robert Stephenson (Richman, Kim)
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Tuesday, July 26, 2016
7 7 service Summons Returned Executed Tue 07/26 12:44 PM
SUMMONS Returned Executed by Robert Stephenson. Post Foods, LLC served on 7/19/2016, answer due 8/9/2016. (Richman, Kim)
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6 6 service Summons Returned Executed Tue 07/26 12:42 PM
SUMMONS Returned Executed by Robert Stephenson. Post Holdings, Inc. served on 7/10/2016, answer due 8/1/2016. (Richman, Kim)
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Thursday, July 07, 2016
5 5 order Scheduling Order Thu 07/07 10:56 AM
SCHEDULING ORDER: An in-person initial conference will be held at 10:00 a.m. on October 12, 2016 before the undersigned in Hearing Room N324 in the North Wing. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with Court no later than October 10th in preparation for the conference. So Ordered by Magistrate Judge Steven L. Tiscione on 7/7/2016. (Vasquez, Lea)
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Att: 1 Chambers Individual Rules
Thursday, June 23, 2016
4 4 service Summons Issued Thu 06/23 2:44 PM
Summons Issued as to Post Foods, LLC, Post Holdings, Inc.. (Davis, Kimberly)
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Att: 1 Summons
3 3 misc Quality Control Check - Attorney Case Opening Thu 06/23 2:42 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
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2 2 misc Clerks Notice of Rule 73 Thu 06/23 2:41 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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utility Case Assigned/Reassigned Thu 06/23 2:41 PM
Case Assigned to Judge Ann M Donnelly and Magistrate Judge Steven L Tiscione. 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. (Davis, Kimberly)
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Wednesday, June 22, 2016
1 1 cmp Complaint Wed 06/22 4:16 PM
COMPLAINT against Post Foods, LLC, Post Holdings, Inc. filing fee $ 400, receipt number 0207-8706178 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Robert Stephenson. (Richman, Kim)
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Att: 1 Civil Cover Sheet,
Att: 2 Proposed Summons,
Att: 3 Proposed Summons