Klein v. Jelly Belly Candy Company

New York Southern District Court
Judge:John P Cronan
Referred: James L Cott
Case #: 1:22-cv-05629
Nature of Suit320 Torts - Personal Injury - Assault, Libel, & Slander
Cause28:1446nr Notice of Removal
Case Filed:Jul 01, 2022
Terminated:Aug 29, 2022
Case in other court:Supreme Court, New York County, 154444/2022
Last checked: Wednesday Dec 28, 2022 4:00 AM EST
Defendant
Jelly Belly Candy Company
Represented By
Eric David Wong
Greenberg Traurig, Llp (ny)
contact info
Plaintiff
David Klein
Represented By
Farva Jafri
Jafri Law Firm
contact info


1. Jellybean 'founder' sues company in federal court (nypost.com)
Submitted Mon 07/11/2022
Docket last updated: 11/22/2024 11:59 PM EST
Friday, August 26, 2022
28 28 notice Notice of Voluntary Dismissal Fri 08/26 11:38 AM
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Jelly Belly Candy Company. Document filed by David Klein. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Jafri, Farva)
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Monday, August 22, 2022
27 27 4 pgs order Order on Motion for Leave to File Document Mon 08/22 12:08 PM
ORDER granting18 Letter Motion for Leave to File Document. If Plaintiff wishes to terminate this action, and presumably re-file his Complaint in different District, he shall file a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) by August 29, 2022. In the event Plaintiff does not file a notice of voluntary dismissal, his opposition to Defendant's motion to dismiss is due by September 2, 2022, and Defendant's reply is due by September 12, 2022. The Court also will set a briefing schedule for any motion to transfer venue in the event Plaintiff does not file a notice of voluntary dismissal. SO ORDERED.. (Signed by Judge John P. Cronan on 8/22/2022) (ks)
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utility Set/Reset Deadlines Mon 08/22 12:10 PM
Set/Reset Deadlines: Responses due by 9/2/2022 Replies due by 9/12/2022. (ks)
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Thursday, August 18, 2022
26 26 misc Letter Thu 08/18 7:26 PM
LETTER addressed to Judge John P. Cronan from Eric D. Wong dated August 18, 2022 re: Response to Judge Cronan's 8/18/22 Order [Doc 24]. Document filed by Jelly Belly Candy Company..(Wong, Eric)
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25 25 2 pgs order Order on Motion for Leave to File Document Thu 08/18 11:49 AM
ORDER denying22 Letter Motion for Leave to File Document. The request is denied. The double-spacing requirement in Local Rule 11(b)(3) does not apply to pre-motion letters written to the Court. SO ORDERED.. (Signed by Judge John P. Cronan on 8/18/2022) (kv)
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24 24 order Memo Endorsement Thu 08/18 11:16 AM
MEMO ENDORSEMENT on re:20 Letter, filed by Jelly Belly Candy Company. ENDORSEMENT: Defendant's letter addresses why this Court should not grant Plaintiff a voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(2). It does not, however, address why Plaintiff cannot dismiss voluntarily by filing a notice of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), since Plaintiff has not been served with either an answer or a motion for summary judgment. Defendant is directed to file an additional response letter by August 22, 2022, addressing whether voluntary dismissal under Fed. R. Civ. P. 41(a)(1)(A)(i) is available to Plaintiff in this case. SO ORDERED. (Signed by Judge John P. Cronan on 8/18/2022) (kv)
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Wednesday, August 17, 2022
23 23 misc Letter Wed 08/17 10:27 AM
LETTER addressed to Judge John P. Cronan from Eric D. Wong dated August 17, 2022 re: Response to the August 15, 2022 pre-motion letter (Dkt. No. 22). Document filed by Jelly Belly Candy Company..(Wong, Eric)
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Monday, August 15, 2022
22 22 motion Leave to File Document Mon 08/15 11:47 PM
LETTER MOTION for Leave to File Motion to Strike addressed to Judge John P. Cronan from Farva Jafri dated 8/15/2022. Document filed by David Klein..(Jafri, Farva)
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21 21 order Memo Endorsement Mon 08/15 11:26 AM
MEMO ENDORSEMENT on re:19 Letter filed by David Klein. ENDORSEMENT: The deadline for Plaintiff's opposition to Defendant's motion to dismiss, Dkt. 10, is extended sine die pending further order of the Court. Defendant shall respond to Plaintiff's pre-motion letter for its anticipated motion to transfer venue, Dkt. 18, no later than August 16, 2022. In that letter, Defendant shall indicate whether it intends to oppose any motion to transfer venue and, if so, its view on whether Plaintiff could dismiss without prejudice pursuant to Federal Rule of Civil Procedure 41 a)(1)(A)(i), and then re-file this action in another federal court. SO ORDERED. (Signed by Judge John P. Cronan on 8/15/2022) (tg)
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20 20 misc Letter Mon 08/15 9:44 AM
LETTER addressed to Judge John P. Cronan from Eric D. Wong dated August 15, 2022 re: Response to the August 10, 2022 pre-motion letter (Dkt. No. 18) and in Response to the August 12, 2022 letter (Dkt. No. 19). Document filed by Jelly Belly Candy Company..(Wong, Eric)
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Friday, August 12, 2022
19 19 misc Letter Fri 08/12 11:12 PM
LETTER addressed to Judge John P. Cronan from Farva Jafri Esq. dated 8/12/22 re: Response in opposition to motion to dismiss while pre motion letter is pending. Document filed by David Klein..(Jafri, Farva)
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Wednesday, August 10, 2022
18 18 motion Leave to File Document Wed 08/10 12:39 PM
LETTER MOTION for Leave to File motion to transfer venue, or in the alternative, motion to voluntarily dismiss addressed to Judge John P. Cronan from Farva Jafri, Esq. dated 8/10/22. Document filed by David Klein..(Jafri, Farva)
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Tuesday, August 09, 2022
17 17 1 pgs order Order on Motion for Extension of Time Tue 08/09 5:50 PM
ORDER granting16 Letter Motion for Extension of Time. This request is granted. Plaintiff's opposition shall be filed by August 12, 2022, and Defendant's reply shall be filed by August 19, 2022. SO ORDERED. (Signed by Judge John P. Cronan on 8/9/2022) (jca)
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utility Set/Reset Deadlines Tue 08/09 5:50 PM
Set/Reset Deadlines: Responses due by 8/12/2022 Replies due by 8/19/2022. (jca)
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Friday, August 05, 2022
16 16 motion Extension of Time Fri 08/05 9:51 PM
LETTER MOTION for Extension of Time to respond to Defendants' motion to dismiss addressed to Judge John P. Cronan from Farva Jafri dated 8/5/22. Document filed by David Klein..(Jafri, Farva)
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15 15 misc Letter Fri 08/05 9:45 PM
LETTER addressed to Judge John P. Cronan from Farva Jafri dated 8/5/22 re: Request for extension of time. Document filed by David Klein..(Jafri, Farva)
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14 14 notice Notice of Appearance Fri 08/05 9:27 PM
NOTICE OF APPEARANCE by Farva Jafri on behalf of David Klein..(Jafri, Farva)
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Friday, July 22, 2022
13 13 misc Proposed Order Fri 07/22 2:35 PM
PROPOSED ORDER. Document filed by Jelly Belly Candy Company. Related Document Number:10 ..(Wong, Eric)
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12 12 27 pgs respm Memorandum of Law in Support of Motion Fri 07/22 2:33 PM
MEMORANDUM OF LAW in Support re:10 MOTION to Dismiss . . Document filed by Jelly Belly Candy Company..(Wong, Eric)
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11 11 respm Affirmation in Support of Motion Fri 07/22 2:28 PM
AFFIRMATION of Eric D. Wong in Support re:10 MOTION to Dismiss .. Document filed by Jelly Belly Candy Company..(Wong, Eric)
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Att: 1 Exhibit A- Complaint,
Att: 2 Exhibit B- Article by Refinery29,
Att: 3 Exhibit C- Article by The Washing Post,
Att: 4 Exhibit D- Articles of Incorporation for the Goelitz Confectionary Co.,
Att: 5 Exhibit E- Articles of Incorporation for the Herman Goelitz Candy Company,
Att: 6 Exhibit F- Agreement of Merger,
Att: 7 Exhibit G- Certificate of Amendment of Articles of Incorporation of the Herman Goelitz Candy Company, Inc.
10 10 motion Dismiss Fri 07/22 2:22 PM
MOTION to Dismiss . Document filed by Jelly Belly Candy Company..(Wong, Eric)
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misc Notice to Court Regarding Proposed Order Fri 07/22 4:16 PM
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 13 Proposed Order was reviewed and approved as to form. (nd)
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Wednesday, July 20, 2022
9 9 1 pgs order Order Referring Case to Magistrate Judge Wed 07/20 11:01 AM
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. (Signed by Judge John P. Cronan on 7/20/2022) (kv)
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8 8 order Memo Endorsement ~Util - Set Deadlines Wed 07/20 10:53 AM
MEMO ENDORSEMENT on re:7 Letter filed by Jelly Belly Candy Company. ENDORSEMENT: The request is granted. Defendant shall move to dismiss by July 22, 2022, Plaintiff shall oppose by August 12, 2022, and Defendant shall reply by August 19, 2022. SO ORDERED. (Motions due by 7/22/2022., Responses due by 8/12/2022, Replies due by 8/19/2022.) (Signed by Judge John P. Cronan on 7/19/2022) (jca)
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Thursday, July 14, 2022
7 7 misc Letter Thu 07/14 4:28 PM
FIRST LETTER addressed to Judge John P. Cronan from Eric D. Wong dated July 7, 2022 re: Letter re pre-motion letter re anticipated filing of motion to dismiss. Document filed by Jelly Belly Candy Company..(Wong, Eric)
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6 6 misc Letter Thu 07/14 4:05 PM
LETTER addressed to Judge John P. Cronan from Eric D. Wong dated July 14, 2022 re: permission to file Motion to Dismiss on 7/22/2022 pursuant to First Letter Motion dated 7/7/22 [Doc # 4]. Document filed by Jelly Belly Candy Company..(Wong, Eric)
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5 5 motion Leave to File Document Thu 07/14 1:39 PM
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Motion To Dismiss on July 22, 2022 as Plaintiff has not timely responded to Defendant's First Letter Motion filed 7/7/22 [doc# 4] addressed to Judge John P. Cronan from Eric D. Wong dated July 14, 2022. Document filed by Jelly Belly Candy Company..(Wong, Eric) Modified on 7/14/2022 (db)
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misc Notice to Attorney to Re-File Document - Event Type Error Thu 07/14 3:54 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Eric David Wong to RE-FILE Document 4 FIRST LETTER MOTION for Conference re defendant's Motion To Dismiss the Complaint addressed to Judge John P. Cronan from Eric D. Wong dated July 7, 2022., 5 LETTER MOTION for Leave to File Motion To Dismiss on July 22, 2022 as Plaintiff has not timely responded to Defendant's First Letter Motion filed 7/7/22 [doc# 4] addressed to Judge John P. Cronan from Eric D. Wong dated July 14, 20. Use the event type Letter found under the event list Other Documents. (db)
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Thursday, July 07, 2022
4 4 motion Conference Thu 07/07 6:27 PM
FIRST LETTER MOTION for Conference re defendant's Motion To Dismiss the Complaint addressed to Judge John P. Cronan from Eric D. Wong dated July 7, 2022. Document filed by Jelly Belly Candy Company..(Wong, Eric)
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Tuesday, July 05, 2022
misc Notice to Attorney Regarding Case Opening Statistical Error Correction Tue 07/05 8:45 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Eric David Wong. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)
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notice Case Opening Initial Assignment Notice Tue 07/05 8:46 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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] ..(jgo)
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utility Case Designation Tue 07/05 8:47 AM
Magistrate Judge James L. Cott 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] . (jgo)
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utility Case Designated ECF Tue 07/05 8:47 AM
Case Designated ECF. (jgo)
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Friday, July 01, 2022
3 3 misc Civil Cover Sheet Fri 07/01 12:58 PM
CIVIL COVER SHEET filed..(Wong, Eric)
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2 2 misc Rule 7.1 Corporate Disclosure Statement Fri 07/01 12:57 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jelly Belly Candy Company..(Wong, Eric)
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1 1 notice Notice of Removal Fri 07/01 12:55 PM
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 154444/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26361521).Document filed by Jelly Belly Candy Company..(Wong, Eric)
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Att: 1 Exhibit A - State Court Notice,
Att: 2 21 pgs Exhibit B - State Court Pleadings,
Att: 3 Exhibit C - Swaigen Certification