New York Southern District Court
Judge:Paul G Gardephe
Case #: 1:22-cv-02210
Nature of Suit190 Contract - Other Contract
Cause28:1332jd Diversity-Declaratory Judgement
Case Filed:Mar 17, 2022
Terminated:Jul 25, 2023
Last checked: Tuesday Sep 13, 2022 4:34 AM EDT
Defendant
Goodness Growth Holdings, Inc.
207 South 9th Street
Minneapolis, MN 55401
Represented By
Garrett David Kennedy
Dla Piper Us Llp (ny)
contact info
Defendant
Vireo Health, Inc.
207 South 9th Street
Minneapolis, MN 55401
Represented By
Garrett David Kennedy
Dla Piper Us Llp (ny)
contact info
Plaintiff
Aaron Hoffnung
646 West 227th Street
Bronx, NY 10463
Represented By
Chaim B. Book
Moskowitz & Book, LLP
contact info
Christopher Roesch Neff
Moskowitz & Book, LLP
contact info


Docket last updated: 06/30/2024 11:59 PM EDT
Monday, January 08, 2024
45 45 misc Stipulation of Voluntary Dismissal Mon 01/08 2:24 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, with prejudice against the defendant(s) Vireo Health, Inc., Goodness Growth Holdings, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Vireo Health, Inc., Goodness Growth Holdings, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Kennedy, Garrett)
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Monday, December 18, 2023
44 44 1 pgs order Order on Motion for Extension of Time Tue 12/19 9:54 AM
ORDER granting43 Letter Motion for Extension of Time. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 12/18/2023) (rro)
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Friday, December 15, 2023
43 43 motion Extension of Time Fri 12/15 4:33 PM
LETTER MOTION for Extension of Time -Of The Restoration Deadline - addressed to Judge Paul G. Gardephe from Garrett D. Kennedy dated December 15th, 2023. Document filed by Goodness Growth Holdings, Inc., Vireo Health, Inc...(Kennedy, Garrett)
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Wednesday, November 15, 2023
41 41 motion Extension of Time Wed 11/15 3:25 PM
JOINT LETTER MOTION for Extension of Time - Request Date for Reinstatement be Extended Until December 15, 2023 - addressed to Judge Paul G. Gardephe from Garrett D. Kennedy dated November 15, 2023. Document filed by Goodness Growth Holdings, Inc., Vireo Health, Inc...(Kennedy, Garrett)
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Wednesday, September 27, 2023
40 40 order Order on Motion for Extension of Time Wed 09/27 3:43 PM
ORDER granting39 Letter Motion for Extension of Time. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/27/2023) (rro)
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Friday, September 22, 2023
39 39 motion Extension of Time Fri 09/22 9:01 AM
CONSENT LETTER MOTION for Extension of Time to Extend Date for Reinstatement addressed to Judge Paul G. Gardephe from Garrett D. Kennedy dated 9/22/2023. Document filed by Goodness Growth Holdings, Inc...(Kennedy, Garrett)
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Friday, September 08, 2023
38 38 1 pgs order Order on Motion for Extension of Time Mon 09/11 10:07 AM
ORDER granting37 Letter Motion for Extension of Time. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/8/2023) (tg)
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Thursday, September 07, 2023
37 37 motion Extension of Time Thu 09/07 3:08 PM
CONSENT LETTER MOTION for Extension of Time to 9/22/2023 to finalize settlement addressed to Judge Paul G. Gardephe from Garrett D. Kennedy dated 9/7/2023. Document filed by Goodness Growth Holdings, Inc., Vireo Health, Inc...(Kennedy, Garrett)
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Tuesday, July 25, 2023
36 36 1 pgs order Order of Dismissal Wed 07/26 10:21 AM
ORDER: The Court having been advised that all claims asserted herein have been settled, it is ordered that the above-entitled action be, and hereby is, dismissed with prejudice but without costs; provided, however, that if the settlement is not consummated within forty-five days of this order, any party may apply by letter within the forty-five-day period for restoration of the action to the calendar of the undersigned, in which event the action will be restored. The Clerk of Court is directed to close the case. Any pending dates and deadlines are adjourned sine die, and any pending motions are moot. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/25/2023) (ama)
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Monday, July 24, 2023
35 35 notice Notice (Other) Mon 07/24 11:23 AM
NOTICE of Notice of Settlement on Material Terms. Document filed by Aaron Hoffnung..(Zamir, Nadav)
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34 34 notice Notice of Substitution of Attorney Mon 07/24 10:07 AM
NOTICE of Substitution of Attorney. Old Attorney: Christopher Neff, New Attorney: Nadav Zamir, Address: Book Law LLP, 7 Times Square, 19th Floor, New York, New York, USA 10036, 6315145983. Document filed by Aaron Hoffnung..(Zamir, Nadav)
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Thursday, November 17, 2022
33 33 respm Affidavit in Opposition to Motion Thu 11/17 5:56 PM
AFFIDAVIT of Ari Hoffnung in Opposition re:28 MOTION to Dismiss Plaintiff's Amended Complaint .. Document filed by Aaron Hoffnung..(Neff, Christopher)
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Att: 1 Exhibit Written notices to exercise ISOs,
Att: 2 Exhibit Transition Services Agreement,
Att: 3 Exhibit Incentive Stock Option Agreement dated January 1, 2018,
Att: 4 Exhibit Second Incentive Stock Option Agreement dated January 1, 2018,
Att: 5 Exhibit Incentive Stock Option Agreement dated May 1, 2019,
Att: 6 Exhibit Equity Incentive Plan
32 32 27 pgs respm Memorandum of Law in Opposition to Motion Thu 11/17 5:49 PM
MEMORANDUM OF LAW in Opposition re:28 MOTION to Dismiss Plaintiff's Amended Complaint . . Document filed by Aaron Hoffnung..(Neff, Christopher)
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31 31 respm Reply Memorandum of Law in Support of Motion Thu 11/17 5:35 PM
REPLY MEMORANDUM OF LAW in Support re:28 MOTION to Dismiss Plaintiff's Amended Complaint . . Document filed by Goodness Growth Holdings, Inc., Vireo Health, Inc...(Kennedy, Garrett)
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30 30 respm Declaration in Support of Motion Thu 11/17 5:34 PM
DECLARATION of Garrett D. Kennedy in Support re:28 MOTION to Dismiss Plaintiff's Amended Complaint .. Document filed by Goodness Growth Holdings, Inc., Vireo Health, Inc...(Kennedy, Garrett)
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Att: 1 Exhibit A - To Declaration of Garrett D. Kennedy,
Att: 2 Exhibit B - To Declaration of Garrett D. Kennedy,
Att: 3 Exhibit C - To Declaration of Garrett D. Kennedy,
Att: 4 Exhibit D - To Declaration of Garrett D. Kennedy
29 29 30+ pgs respm Memorandum of Law in Support of Motion Thu 11/17 5:19 PM
MEMORANDUM OF LAW in Support re:28 MOTION to Dismiss Plaintiff's Amended Complaint . . Document filed by Goodness Growth Holdings, Inc., Vireo Health, Inc...(Kennedy, Garrett)
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28 28 motion Dismiss Thu 11/17 5:18 PM
MOTION to Dismiss Plaintiff's Amended Complaint . Document filed by Goodness Growth Holdings, Inc., Vireo Health, Inc...(Kennedy, Garrett)
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Monday, October 17, 2022
27 27 1 pgs order Order on Motion for Extension of Time to File Response/Reply Mon 10/17 5:22 PM
ORDER granting26 Letter Motion for Extension of Time to File Response/Reply re26 LETTER MOTION for Extension of Time to File Response/Reply to pending Motion to Dismiss addressed to Judge Paul G. Gardephe from Christopher R. Neff dated October 11, 2022. The Application is granted. SO ORDERED. Responses due by 11/3/2022 Replies due by 11/17/2022. (Signed by Judge Paul G. Gardephe on 10/17/2022) (tg)
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Tuesday, October 11, 2022
26 26 motion Extension of Time to File Response/Reply Tue 10/11 12:49 PM
LETTER MOTION for Extension of Time to File Response/Reply to pending Motion to Dismiss addressed to Judge Paul G. Gardephe from Christopher R. Neff dated October 11, 2022. Document filed by Aaron Hoffnung..(Neff, Christopher)
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Thursday, September 08, 2022
25 25 1 pgs order Order on Motion for Conference Thu 09/08 10:53 AM
ORDER terminating23 Letter Motion for Conference re:23 LETTER MOTION for Conference - Request for pre-motion conference concerning Defendants' anticipated motion to dismiss - addressed to Judge Paul G. Gardephe from Garrett D. Kennedy dated August 29, 2022. It is hereby ORDERED that the following schedule will apply to Defendants' motion to dismiss the Amended Complaint: 1. Defendants' motion papers are due on September 29, 2022; 2. Plaintiff's opposition is due on October 20, 2022; and 3. Defendants' reply, if any, is due on October 27, 2022. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/8/22) (yv)
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utility Set/Reset Deadlines Thu 09/08 10:54 AM
Set/Reset Deadlines: Motions due by 9/29/2022. Responses due by 10/20/2022. Replies due by 10/27/2022. (yv)
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Thursday, September 01, 2022
24 24 respm Response in Opposition to Motion Thu 09/01 1:15 PM
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from Christopher R. Neff dated September 1, 2022 re:23 LETTER MOTION for Conference - Request for pre-motion conference concerning Defendants' anticipated motion to dismiss - addressed to Judge Paul G. Gardephe from Garrett D. Kennedy dated August 29, 2022. . Document filed by Aaron Hoffnung..(Neff, Christopher)
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Monday, August 29, 2022
23 23 motion Conference Mon 08/29 2:44 PM
LETTER MOTION for Conference - Request for pre-motion conference concerning Defendants' anticipated motion to dismiss - addressed to Judge Paul G. Gardephe from Garrett D. Kennedy dated August 29, 2022. Document filed by Goodness Growth Holdings, Inc., Vireo Health, Inc...(Kennedy, Garrett)
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Monday, August 15, 2022
22 22 cmp Amended Complaint Mon 08/15 11:42 AM
AMENDED COMPLAINT amending1 Complaint against Goodness Growth Holdings, Inc., Vireo Health, Inc. with JURY DEMAND.Document filed by Aaron Hoffnung. Related document:1 Complaint..(Neff, Christopher)
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Thursday, June 30, 2022
21 21 1 pgs order Order on Motion for Conference Fri 07/01 11:14 AM
ORDER: granting13 Letter Motion for Conference re:13 LETTER MOTION for Conference for a Pre-motion conference concerning Defendants anticipated motion to dismiss Plaintiff Aaron Hoffnung's Complaint, with prejudice addressed to Judge Paul G. Gardephe from Garrett D. Kennedy dated May 20.2022. It is hereby ORDERED that the following schedule will apply to Defendants' motion to dismiss (see Dkt. No. 13): Defendants' motion papers are due on July 26, 2022; Plaintiff's opposition is due on August 16, 2022; Defendants' reply, if any, is due on August 23, 2022. The conference scheduled for July 21, 2022 is adjourned sine die. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 6/30/2022) (ama)
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20 20 4 pgs order Order on Motion for Conference Fri 07/01 11:07 AM
ORDER: denying18 Letter Motion for Conference re:18 MOTION for Conference. The application for a conference is denied. To the extent that Defendants believe that Plaintiff has engaged in improper conduct vis a vis regulators - whether in New York State or Canada - Defendants are free to bring this conduct to the attention of the regulators. Whether or not Plaintiff is acting in good faith in making objections, or threatening to make objections, to regulators regarding the proposed acquisition is a matter unrelated to the dispute pending before this Court. The Clerk will terminate Dkt. No. 18. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/30/2022) (ama)
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utility Set/Reset Deadlines Fri 07/01 11:16 AM
Set/Reset Deadlines: Motions due by 7/26/2022. Responses due by 8/16/2022 Replies due by 8/23/2022. (ama)
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Friday, June 24, 2022
19 19 respm Response in Opposition to Motion Fri 06/24 12:37 PM
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from Christopher R. Neff dated June 24, 2022 re:18 MOTION for Conference . . Document filed by Aaron Hoffnung..(Neff, Christopher)
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Wednesday, June 22, 2022
18 18 motion Conference Wed 06/22 9:41 PM
MOTION for Conference . Document filed by Goodness Growth Holdings, Inc., Vireo Health, Inc...(Kennedy, Garrett)
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Att: 1 Exhibit A,
Att: 2 Exhibit B
Friday, June 03, 2022
17 17 1 pgs order Order for Initial Pretrial Conference Fri 06/03 6:20 PM
ORDER: The conference in this matter, currently scheduled for June 9, 2022, is adjourned to Thursday, July 21, 2022 at 12:00 p.m. SO ORDERED. Initial Conference set for 7/21/2022 at 12:00 PM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 6/3/2022) (kv)
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Friday, May 27, 2022
16 16 misc Letter Fri 05/27 4:04 PM
LETTER addressed to Judge Paul G. Gardephe from Christopher R. Neff dated May 27, 2022 re: Plaintiff's response to pre-motion letter filed by Defendants. Document filed by Aaron Hoffnung..(Neff, Christopher)
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Wednesday, May 25, 2022
15 15 1 pgs order Order on Motion for Extension of Time to File Response/Reply Wed 05/25 12:42 PM
ORDER granting14 Letter Motion for Extension of Time to File Response/Reply re14 LETTER MOTION for Extension of Time to File Response/Reply as to13 LETTER MOTION for Conference for a Pre-motion conference concerning Defendants anticipated motion to dismiss Plaintiff Aaron Hoffnung's Complaint, with prejudice The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/25/2022) (ks)
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Monday, May 23, 2022
14 14 motion Extension of Time to File Response/Reply Mon 05/23 2:05 PM
LETTER MOTION for Extension of Time to File Response/Reply as to13 LETTER MOTION for Conference for a Pre-motion conference concerning Defendants anticipated motion to dismiss Plaintiff Aaron Hoffnung's Complaint, with prejudice addressed to Judge Paul G. Gardephe from Garrett D. Kennedy dated May 20.2 addressed to Judge Paul G. Gardephe from Christopher R. Neff dated May 23, 2022. Document filed by Aaron Hoffnung..(Neff, Christopher)
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Friday, May 20, 2022
13 13 motion Conference Fri 05/20 5:30 PM
LETTER MOTION for Conference for a Pre-motion conference concerning Defendants anticipated motion to dismiss Plaintiff Aaron Hoffnung's Complaint, with prejudice addressed to Judge Paul G. Gardephe from Garrett D. Kennedy dated May 20.2022. Document filed by Goodness Growth Holdings, Inc., Vireo Health, Inc...(Kennedy, Garrett)
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12 12 misc Rule 7.1 Corporate Disclosure Statement Fri 05/20 5:20 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Goodness Growth Holdings, Inc...(Kennedy, Garrett)
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11 11 notice Notice of Appearance Fri 05/20 5:18 PM
NOTICE OF APPEARANCE by Garrett David Kennedy on behalf of Goodness Growth Holdings, Inc., Vireo Health, Inc...(Kennedy, Garrett)
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10 10 misc Rule 7.1 Corporate Disclosure Statement Fri 05/20 5:12 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Goodness Growth Holdings, Inc. for Vireo Health, Inc.. Document filed by Goodness Growth Holdings, Inc., Vireo Health, Inc...(Kennedy, Garrett)
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Wednesday, March 23, 2022
9 9 3 pgs order Order for Initial Pretrial Conference Wed 03/23 10:48 AM
NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 6/9/2022 at 11:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/23/2022) (ks)
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Monday, March 21, 2022
8 8 service Summons Issued Mon 03/21 12:38 PM
ELECTRONIC SUMMONS ISSUED as to Goodness Growth Holdings, Inc...(lal)
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7 7 service Summons Issued Mon 03/21 12:37 PM
ELECTRONIC SUMMONS ISSUED as to Vireo Health, Inc...(lal)
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Friday, March 18, 2022
6 6 service Request for Issuance of Summons Fri 03/18 12:26 PM
REQUEST FOR ISSUANCE OF SUMMONS as to GOODNESS GROWTH HOLDINGS, INC., re:1 Complaint. Document filed by Aaron Hoffnung..(Book, Chaim)
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5 5 service Request for Issuance of Summons Fri 03/18 12:24 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Vireo Health, Inc., re:1 Complaint. Document filed by Aaron Hoffnung..(Book, Chaim)
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misc Notice to Attorney Regarding Party Modification Fri 03/18 11:01 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Chaim B. Book. The party information for the following party/parties has been modified: Goodness Growth Holdings, Inc.. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (sj)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Fri 03/18 11:06 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Chaim B. Book. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,000,000,000; Fee Status code due (due). The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $1,000,000; the Fee Status code has been modified to pd (paid). (sj)
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notice Case Opening Initial Assignment Notice Fri 03/18 11:13 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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] ..(sj)
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utility Case Designation Fri 03/18 11:14 AM
Magistrate Judge Sarah Netburn 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] . (sj)
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utility Case Designated ECF Fri 03/18 11:14 AM
Case Designated ECF. (sj)
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misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Fri 03/18 11:20 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Chaim B. Book to RE-FILE Document No. 3 Request for Issuance of Summons, 2 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official Standard A.O. Summons form dated 6/12. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
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Thursday, March 17, 2022
4 4 misc Civil Cover Sheet Thu 03/17 3:58 PM
CIVIL COVER SHEET filed..(Book, Chaim)
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3 3 service Request for Issuance of Summons Thu 03/17 3:57 PM
REQUEST FOR ISSUANCE OF SUMMONS as to GOODNESS GROWTH HOLDINGS, INC., re:1 Complaint. Document filed by Aaron Hoffnung..(Book, Chaim)
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2 2 service Request for Issuance of Summons Thu 03/17 3:55 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Vireo Health, Inc., re:1 Complaint. Document filed by Aaron Hoffnung..(Book, Chaim)
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1 1 cmp Complaint Thu 03/17 3:28 PM
COMPLAINT against Goodness Growth Holdings, Inc., Vireo Health, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25877599)Document filed by Aaron Hoffnung..(Book, Chaim)
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