Troncoso v. TGI Fridays Inc.
| New York Southern District Court | |
| Judge: | Katherine Polk Failla |
| Case #: | 1:19-cv-02735 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity Action |
| Case Filed: | Mar 27, 2019 |
| Terminated: | Aug 07, 2020 |
| Last checked: Monday Sep 23, 2019 5:19 AM EDT |
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Defendant
TGI Fridays Inc.
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Represented By
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Defendant
Inventure Foods, Inc.
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Represented By
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Defendant
UTZ Quality Foods, LLC
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Represented By
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Plaintiff
Solange Troncoso
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Represented By
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| Docket last updated: 8 hours ago |
| Monday, September 21, 2020 | ||
| 45 | 45
order
Stipulation and Order of Voluntary Dismissal
Mon 09/21 3:43 PM
STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the undersigned counsel for Plaintiff and Defendants hereby stipulate to the voluntary dismissal of this matter with prejudice. Each side shall bear their own costs and fees, including attorneys' fees. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/21/2020) (rro) |
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| 44 | 44
misc
Stipulation of Voluntary Dismissal
Mon 09/21 1:39 PM
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, against the defendant(s) Inventure Foods, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Solange Troncoso. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Lee, C.K.) |
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misc
Notice to Court Regarding Voluntary Dismissal
Mon 09/21 2:00 PM
***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 44 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Katherine Polk Failla for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a closed case. (km) |
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| Thursday, September 17, 2020 | ||
| 43 | 43
misc
Stipulation of Voluntary Dismissal
Thu 09/17 6:01 PM
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - 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) Inventure Foods, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Solange Troncoso. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). .(Lee, C.K.) Modified on 9/17/2020 (dt) |
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misc
Notice to Attorney Regarding Deficient Voluntary Dismissal
Thu 09/17 6:33 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney C.K. Lee. RE-FILE Document No. 43 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed (Ink Signatures) by the attorneys. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (dt) |
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| Friday, August 07, 2020 | ||
| 42 | 42
2
pgs
order
Order of Discontinuance
Fri 08/07 11:09 AM
ORDER: On August 6, 2020, it was reported to the Court that this case has been settled. Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/7/2020) (rro) |
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| Thursday, August 06, 2020 | ||
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adr
Mediation Conference Scheduled
Thu 08/06 8:50 AM
MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 8/6/2020 at 10:00 AM through video conference.(ah) |
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| Tuesday, August 04, 2020 | ||
| 40 | 40
misc
Letter
Tue 08/04 10:45 PM
LETTER addressed to Judge Katherine Polk Failla from Richard Fama dated August 4, 2020 re: Scheduling of Mediation. Document filed by Inventure Foods, Inc...(Porter, E. Dean) |
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| Tuesday, July 21, 2020 | ||
| 39 | 39
order
Protective Order
Tue 07/21 5:41 PM
CONFIDENTIALITY PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... This confidentiality agreement does not bind the Court or any of its personnel. The Court will retain jurisdiction over the terms and conditions of this agreement only for the pendency of this litigation.N Any party wishing to make redacted or sealed submissions shall comply with Rule 6(A) of this Court's Individual Rules of Civil Procedure. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/21/2020) (kv) |
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| 38 | 38
misc
Letter
Tue 07/21 3:33 PM
LETTER addressed to Judge Katherine Polk Failla from Richard Fama dated July 21, 2020 re: Confidentiality Protective Order. Document filed by Inventure Foods, Inc...(Fama, Richard) |
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Att: 1
Exhibit Confidentiality Proctective Order
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| Sunday, July 05, 2020 | ||
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adr
Notice of Mediator Assignment
Sun 07/05 9:59 AM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 8/4/2020..(rpr) |
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| Monday, June 29, 2020 | ||
| 37 | 37
answer
Answer to Amended Complaint
Mon 06/29 2:56 PM
ANSWER to17 Amended Complaint, with JURY DEMAND. Document filed by Inventure Foods, Inc...(Fama, Richard) |
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| 36 | 36
order
Mediation Referral Order
Mon 06/29 12:34 PM
MEDIATION REFERRAL ORDER: The Court is in receipt of the parties' proposed case management plan dated June 26, 2020, (Dkt. 324-1), requesting that the Court refer this case to mediation. It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 7/9/2020. (Signed by Judge Katherine Polk Failla on 6/29/2020) (rro) |
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| 35 | 35
order
Case Management Plan
Mon 06/29 12:31 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). Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Fact Discovery due by 1/25/2021. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than 3/15/2021. Depositions of fact witnesses shall be completed by 1/25/2021. 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 2/9/2021 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 6/29/2020) (rro) |
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| Friday, June 26, 2020 | ||
| 34 | 34
misc
Letter
Fri 06/26 4:58 PM
JOINT LETTER addressed to Judge Katherine Polk Failla from C.K. Lee dated June 26, 2020 re: Status of Case and Proposed Case Management Plan. Document filed by Solange Troncoso..(Lee, C.K.) |
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Att: 1
Proposed Case Management Plan
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| Friday, June 12, 2020 | ||
| 33 | 33
misc
Rule 7.1 Corporate Disclosure Statement
Fri 06/12 3:40 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UTZ Quality Foods, LLC for Inventure Foods, Inc.. Document filed by Inventure Foods, Inc...(Fama, Richard) |
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| Monday, June 08, 2020 | ||
| 32 | 32
31
pgs
order
Memorandum & Opinion ~Util - Add and Terminate Parties
Mon 06/08 11:10 AM
OPINION AND ORDER re:26 MOTION to Dismiss . filed by Inventure Foods, Inc. Defendants' motion to dismiss is GRANTED IN PART and DENIED IN PART. Defendants Utz and TGIF are DISMISSED from this case. Defendant Inventure's motion to dismiss is GRANTED with respect to Plaintiff's claim for injunctive relief. Defendants' motion is otherwise DENIED. The Clerk of Court is directed to terminate the motion at docket entry 26. On or before June 29, 2020, Defendant shall file a responsive pleading. On or before July 8, 2020, the parties shall submit a proposed Case Management Plan, as well as the joint status letter contemplated by the Plan. SO ORDERED., (TGI Fridays Inc. and UTZ Quality Foods, LLC terminated.) (Signed by Judge Katherine Polk Failla on 6/8/20) (yv) |
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| Wednesday, January 22, 2020 | ||
| 31 | 31
1
pgs
order
Order on Motion to Withdraw as Attorney
Wed 01/22 12:19 PM
MEMO ENDORSEMENT granting29 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. (Attorney William Michael Brown terminated.) (Signed by Judge Katherine Polk Failla on 1/22/2020) (jwh) |
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| Tuesday, January 21, 2020 | ||
| 30 | 30
respm
Affirmation in Support of Motion
Tue 01/21 6:08 PM
AFFIRMATION of William Brown in Support re:29 MOTION for William Brown to Withdraw as Attorney for Plaintiff .. Document filed by Solange Troncoso. (Brown, William) |
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| 29 | 29
motion
Withdraw as Attorney
Tue 01/21 6:07 PM
MOTION for William Brown to Withdraw as Attorney for Plaintiff . Document filed by Solange Troncoso.(Brown, William) |
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| Tuesday, October 29, 2019 | ||
| 28 | 28
respm
Reply Memorandum of Law in Support of Motion
Tue 10/29 2:42 PM
REPLY MEMORANDUM OF LAW in Support re:26 MOTION to Dismiss . . Document filed by Inventure Foods, Inc., TGI Fridays Inc., UTZ Quality Foods, LLC.(Fama, Richard) |
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Att: 1
Exhibit Ex A
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| Wednesday, October 16, 2019 | ||
| 27 | 27
26
pgs
respm
Memorandum of Law in Opposition to Motion
Wed 10/16 12:03 AM
MEMORANDUM OF LAW in Opposition re:26 MOTION to Dismiss . . Document filed by Solange Troncoso. (Lee, C.K.) |
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| Tuesday, September 17, 2019 | ||
| 26 | 26
motion
Dismiss
Tue 09/17 6:43 PM
MOTION to Dismiss . Document filed by Inventure Foods, Inc., TGI Fridays Inc., UTZ Quality Foods, LLC.(Fama, Richard) |
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Att: 1
Exhibit Memorandum of Points and Authorities in Support of Defendants Motion to Dismiss
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| Monday, August 19, 2019 | ||
| 25 | 25
order
Memo Endorsement ~Util - Set Deadlines/Hearings
Mon 08/19 6:20 PM
MEMO ENDORSEMENT: on re:24 Letter, filed by Inventure Foods, Inc., UTZ Quality Foods, LLC, TGI Fridays Inc. ENDORSEMENT: Application GRANTED. SO ORDERED., ( Motions due by 9/17/2019., Responses due by 10/15/2019, Replies due by 10/29/2019.) (Signed by Judge Katherine Polk Failla on 8/19/2019) (ama) |
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| 24 | 24
misc
Letter
Mon 08/19 3:18 PM
LETTER addressed to Judge Katherine Polk Failla from Richard Fama dated August 19, 2019 re: The Parties' Proposed Briefing Schedule for Defendants' Motion to Dismiss. Document filed by Inventure Foods, Inc., TGI Fridays Inc., UTZ Quality Foods, LLC.(Porter, E. Dean) |
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| Monday, August 12, 2019 | ||
| 23 | 23
misc
Letter
Mon 08/12 5:50 PM
LETTER addressed to Judge Katherine Polk Failla from Richard Fama dated August 12, 2019 re: Defendants' Response to the Court's June 25, 2019 Directive. Document filed by Inventure Foods, Inc., TGI Fridays Inc., UTZ Quality Foods, LLC.(Porter, E. Dean) |
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| 22 | 22
notice
Notice of Appearance
Mon 08/12 5:38 PM
NOTICE OF APPEARANCE by E. Dean Harris Porter on behalf of Inventure Foods, Inc., TGI Fridays Inc., UTZ Quality Foods, LLC. (Porter, E. Dean) |
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| Friday, July 12, 2019 | ||
| 21 | 21
service
Summons Issued
Fri 07/12 11:45 AM
ELECTRONIC SUMMONS ISSUED as to UTZ Quality Foods, LLC. (pne) |
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| 20 | 20
service
Summons Issued
Fri 07/12 11:44 AM
ELECTRONIC SUMMONS ISSUED as to Inventure Foods, Inc.. (pne) |
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| Thursday, July 11, 2019 | ||
| 19 | 19
service
Request for Issuance of Summons
Thu 07/11 2:11 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Utz Quality Foods, LLC, re:17 Amended Complaint,. Document filed by Solange Troncoso. (Lee, C.K.) |
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| 18 | 18
service
Request for Issuance of Summons
Thu 07/11 2:10 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Inventure Foods, Inc., re:17 Amended Complaint,. Document filed by Solange Troncoso. (Lee, C.K.) |
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| 17 | 17
cmp
Amended Complaint
Thu 07/11 2:08 PM
FIRST AMENDED COMPLAINT amending1 Complaint against TGI Fridays Inc., Inventure Foods, Inc., UTZ Quality Foods, LLC with JURY DEMAND.Document filed by Solange Troncoso. Related document:1 Complaint.(Lee, C.K.) |
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Att: 1
Exhibit Exhibits A-E
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| Wednesday, July 10, 2019 | ||
| 16 | 16
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Wed 07/10 12:07 PM
ORDER FOR ADMISSION PRO HAC VICE granting15 Motion for F Brenden Coller to Appear Pro Hac Vice. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/9/2019) (jca) |
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| Monday, July 08, 2019 | ||
| 15 | 15
motion
Appear Pro Hac Vice
Mon 07/08 10:34 AM
MOTION for F Brenden Coller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17200863. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TGI Fridays Inc..(Coller, F.) |
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Att: 1
Affidavit Affidavit of F Brenden Coller
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misc
Notice Regarding Pro Hac Vice Motion
Mon 07/08 10:45 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 15 MOTION for F Brenden Coller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17200863. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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| Tuesday, June 25, 2019 | ||
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minutes
Pretrial Conference - Initial ~Util - Set Deadlines
Wed 06/26 5:06 PM
Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial/Pre-motion Conference held on 6/25/2019. Attorneys C.K. Lee and Eric Tezler representing Plaintiff present. Attorneys Richard Fama and Kristin Keehan representing Defendant present. Plaintiff's amended complaint due by 7/31/2019. On or before 8/14/2019, Defendant is to file a letter informing the Court whether it will Answer the Amended Complaint, or would like to set a briefing schedule for motion to dismiss. (Amended Pleadings due by 7/31/2019.). (Court Reporter Kelly Surina) (tn) |
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| Wednesday, May 29, 2019 | ||
| 14 | 14
4
pgs
order
Order on Motion for Conference
Wed 05/29 11:30 AM
ORDER granting10 Letter Motion for Conference. Application GRANTED. The Initial Pretrial Conference scheduled for June 25, 2019, will also serve as a Pre-Motion Conference on Defendant's anticipated Motion to Dismiss. (Signed by Judge Katherine Polk Failla on 5/29/2019) (rro) |
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| Tuesday, May 28, 2019 | ||
| 13 | 13
notice
Notice of Change of Address
Tue 05/28 3:10 PM
NOTICE OF CHANGE OF ADDRESS by C.K. Lee on behalf of All Plaintiffs. New Address: Lee Litigation Group PLLC, 148 W. 24th Street, 8th Fl., New York, New York, USA 10011, 212-465-1180. (Lee, C.K.) |
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| Friday, May 24, 2019 | ||
| 12 | 12
notice
Notice of Change of Address
Fri 05/24 3:15 PM
NOTICE OF CHANGE OF ADDRESS by Anne Melissa Seelig on behalf of All Plaintiffs. New Address: Lee Litigation Group PLLC, 148 W. 24th Street, 8th Floor, New York, New York, United States 10011, 2124651180. (Seelig, Anne) |
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| 11 | 11
notice
Notice of Change of Address
Fri 05/24 12:55 PM
NOTICE OF CHANGE OF ADDRESS by William Michael Brown on behalf of All Plaintiffs. New Address: Lee Litigation Group PLLC, 148 W. 24th Street, 8th Floor, New York, New York, United States 10011, 2124651180. (Brown, William) |
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| Thursday, May 23, 2019 | ||
| 10 | 10
motion
Conference
Thu 05/23 4:25 PM
LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Richard Fama dated May 23, 2019. Document filed by TGI Fridays Inc..(Fama, Richard) |
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Att: 1
Exhibit copies of packaging
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| Thursday, May 16, 2019 | ||
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notice
Notice (Other)
Thu 05/16 12:44 PM
NOTICE REGARDING INITIAL PRETRIAL CONFERENCE: An Initial Pretrial Conference is currently scheduled for June 25, 2019. Please note that since the conference was scheduled, the Court has changed its individual rules, and would like to bring the following paragraph to the parties' attention: The Court schedules initial pretrial conferences with the expectation that one or more of the parties would like an in-person opportunity to bring matters to the Court's attention, and it welcomes that opportunity. However, the Court recognizes that in certain circumstances as, for example, where the parties are in agreement about the proposed discovery schedule and have no issues to raise with the Court such conferences may represent less-efficient uses of the parties' time and resources. If the parties agree on a schedule that calls for the close of all discovery within six months, and have no other issues to raise with the Court, the parties can, if they wish, submit a Proposed Civil Case Management Plan and Scheduling Order and request in their joint letter that the initial pretrial conference be cancelled. The Court will ordinarily grant such requests. ***No PDF is attached to this entry. (tn) |
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| Wednesday, April 24, 2019 | ||
| 9 | 9
notice
Notice of Appearance
Wed 04/24 12:00 PM
NOTICE OF APPEARANCE by Anne Melissa Seelig on behalf of Solange Troncoso. (Seelig, Anne) |
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| Wednesday, April 17, 2019 | ||
| 8 | 8
3
pgs
order
Order for Initial Pretrial Conference
Wed 04/17 3:37 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/25/2019 at 04:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 4/17/2019) (rro) |
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| Tuesday, April 16, 2019 | ||
| 7 | 7
notice
Notice of Appearance
Tue 04/16 2:04 PM
NOTICE OF APPEARANCE by William Michael Brown on behalf of Solange Troncoso. (Brown, William) |
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| Tuesday, April 02, 2019 | ||
| 6 | 6
service
Waiver of Service Executed
Tue 04/02 7:03 PM
WAIVER OF SERVICE RETURNED EXECUTED. TGI Fridays Inc. waiver sent on 3/28/2019, answer due 5/28/2019. Document filed by Solange Troncoso. (Lee, C.K.) |
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| Thursday, March 28, 2019 | ||
| 5 | 5
service
Summons Issued
Thu 03/28 10:59 AM
ELECTRONIC SUMMONS ISSUED as to TGI Fridays Inc.. (jgo) |
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| 4 | 4
misc
Civil Cover Sheet
Thu 03/28 10:53 AM
CIVIL COVER SHEET filed. (Lee, C.K.) |
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misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Thu 03/28 10:10 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney C.K. Lee to RE-FILE Document No. 3 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF was not signed or dated by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
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notice
Case Opening Initial Assignment Notice
Thu 03/28 10:16 AM
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:http://nysd.uscourts.gov/judges/District] . 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:http://nysd.uscourts.gov/ecf_filing.php] . (jgo) |
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utility
Case Designation
Thu 03/28 10:17 AM
Magistrate Judge Katharine H. Parker 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:http://nysd.uscourts.gov/forms.php] . (jgo) |
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utility
Case Designated ECF
Thu 03/28 10:17 AM
Case Designated ECF. (jgo) |
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| Wednesday, March 27, 2019 | ||
| 3 | 3
misc
Civil Cover Sheet
Wed 03/27 12:01 PM
CIVIL COVER SHEET filed. (Lee, C.K.) |
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| 2 | 2
service
Request for Issuance of Summons
Wed 03/27 12:00 PM
REQUEST FOR ISSUANCE OF SUMMONS as to TGI Fridays Inc., re:1 Complaint. Document filed by Solange Troncoso. (Lee, C.K.) |
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| 1 | 1
23
pgs
cmp
Complaint
Wed 03/27 11:59 AM
COMPLAINT against TGI Fridays Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16569791)Document filed by Solange Troncoso.(Lee, C.K.) |
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Att: 1
Exhibit
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