Republic National Distributing Company v. Breakthru Beverage Group, LLC
| New York Southern District Court | |
| Judge: | Lewis A Kaplan |
| Referred: | Barbara C Moses |
| Case #: | 1:24-mc-00027 |
| Cause | M 08-85 Motion to Compel |
| Case Filed: | Jan 22, 2024 |
| Terminated: | Mar 08, 2024 |
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| Docket last updated: 03/28/2025 11:59 PM EDT |
| Tuesday, March 26, 2024 | ||
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misc
Notice of Filing Transcript
Tue 03/26 2:13 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/8/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(js) |
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misc
Transcript
Tue 03/26 2:12 PM
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/8/2024 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Marissa Lewandowski, (631) 813-9335. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/16/2024. Redacted Transcript Deadline set for 4/26/2024. Release of Transcript Restriction set for 6/24/2024. (js) |
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| Friday, March 22, 2024 | ||
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misc
Letter
Fri 03/22 2:28 PM
LETTER addressed to Magistrate Judge Barbara C. Moses from Veronica Portillo Kendrick & Earl E. Farkas dated March 22, 2023 re: joint report of the parties. Document filed by Breakthru Beverage Group, LLC, Republic National Distributing Company..(Kendrick, Veronica) |
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| Friday, March 08, 2024 | ||
| 32 | 32
3
pgs
order
Order on Motion to Compel
Fri 03/08 6:42 PM
ORDER granting in part and denying in part1 Motion to Compel. For the reasons discussed on the record at today's oral argument: 1. Insofar as the Subpoena seeks documents which by definition are also in the possession of Sazerac Company, Inc. (Sazerac), including all documents responsive to Request No. 1 of the Subpoena and many of the documents responsive to Requests No. 2, 3, 6, 7, 8, and 9 of the Subpoena, RNDC's motion is DENIED. To the extent RNDC has not already obtained those documents from Sazerac, this Court understands that RNDC is seeking them by means of a motion to compel which is fully briefed and pending in the Underlying Action. If the Court in the Underlying Action determines that the documents are discoverable, RNDC will get them from Sazerac. If the Court in the Underlying Action determines that the documents are not discoverable, RNDC is not entitled to a different ruling, as to the same documents, from this Court. Insofar as the Subpoena seeks documents that can be obtained only from Breakthru, including internal Breakthru documents responsive to Requests No. 2, 3, 6, 7, 8, and 9 of the Subpoena, RNDC's motion is GRANTED to the extent that: As further set forth in this order. Breakthru's request for an award of its costs and attorneys' fees incurred in responding to RNDC's motion is DENIED. The Clerk of Court is respectfully directed to close the motion at Dkt. 1. SO ORDERED.. (Signed by Magistrate Judge Barbara C. Moses on 3/8/2024) (ks) |
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minutes
Oral Argument
Fri 03/08 12:03 PM
Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Oral Argument held on 3/8/2024. (tk) |
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| Tuesday, March 05, 2024 | ||
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1
pgs
order
Order ~Util - Set Deadlines/Hearings
Tue 03/05 6:10 PM
ORDER: The argument scheduled for March 8, 2024, at 10:00 a.m. will take place via Microsoft Teams. Should members of the public wish to listen, they may do so by dialing (646) 453-4442 and entering Phone Conference ID 463 068 472#. The Court will send a videoconference link to the parties via email. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 3/5/2024) ( Oral Argument set for 3/8/2024 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (ks) |
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| Wednesday, February 28, 2024 | ||
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2
pgs
order
Order on Motion to Appear Pro Hac Vice
Thu 02/29 8:36 AM
ORDER FOR PRO HAC VICE ADMISSION granting28 Motion for Veronica Portillo Kendrick to Appear Pro Hac Vice. The motion of Veronica Portillo Kendrick for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Magistrate Judge Barbara C. Moses on 2/28/24) (yv) |
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pgs
order
Order on Motion to Appear Pro Hac Vice
Thu 02/29 8:30 AM
ORDER FOR PRO HAC VICE ADMISSION granting27 Motion for Douglass Brown to Appear Pro Hac Vice. The motion of Douglass Brown for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Magistrate Judge Barbara C. Moses on 2/28/24) (yv) |
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| 28 | 28
motion
Appear Pro Hac Vice
Wed 02/28 10:00 AM
MOTION for Veronica Portillo Kendrick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29006364. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Republic National Distributing Company..(Kendrick, Veronica) |
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Att: 1
Affidavit Declaration of Veronica Portillo Kendrick in Support,
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Att: 2
Exhibit A - Certificate of Good Standing,
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Att: 3
Proposed Order - Proposed Order
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misc
Notice Regarding Pro Hac Vice Motion
Wed 02/28 9:38 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 27 MOTION for Douglass Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29005247. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
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misc
Notice Regarding Pro Hac Vice Motion
Wed 02/28 10:37 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 28 MOTION for Veronica Portillo Kendrick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29006364. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
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| Tuesday, February 27, 2024 | ||
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motion
Appear Pro Hac Vice
Tue 02/27 6:59 PM
MOTION for Douglass Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29005247. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Republic National Distributing Company..(Brown, Douglass) |
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Att: 1
Affidavit Declaration of Douglass Brown,
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Att: 2
Exhibit A - Certificate of Good Standing,
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Att: 3
Proposed Order - Proposed Order
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| Thursday, February 22, 2024 | ||
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1
pgs
order
Order on Motion for Oral Argument
Thu 02/22 4:56 PM
ORDER granting19 Letter Motion for Oral Argument. Application GRANTED. Judge Moses will hear argument on the motion on March 8, 2024, at 10:00 a.m., in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 2/22/2024) (va) |
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utility
Set/Reset Hearings
Thu 02/22 4:57 PM
Set/Reset Hearings: Oral Argument set for 3/8/2024 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (va) |
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| Monday, February 19, 2024 | ||
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respm
Reply Affidavit in Support of Motion
Mon 02/19 10:44 PM
REPLY AFFIDAVIT of Veronica Kendrick in Support re:1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel Breakthru Beverage Group, LLC to produce . Other Court Name: United States District Court - Western District of Kentucky. Other Court Case Number: 3:23-cv-25. (Filing Fee $ 52. Document filed by Republic National Distributing Company. (Attachments: #1 Exhibit A - RNDC Motion to Compel WDKY 52Sazerac, #2 Exhibit B - Sazerac Complaint WDKY 1, #3 Exhibit C - RNDC Counterclaims WDKY 24, #4 Exhibit D - Sazerac Answer WDKY 28, #5 Exhibit E - Sazerac to RNDC Letter 2024-02-12, #6 Exhibit F - RNDC to Sazerac Letter 2024-02-05).(Krumholz, Richard) |
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| 24 | 24
respm
Reply Affidavit in Support of Motion
Mon 02/19 10:37 PM
REPLY AFFIDAVIT of Veronica Kendrick in Support re:1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel Breakthru Beverage Group, LLC to produce . Other Court Name: United States District Court - Western District of Kentucky. Other Court Case Number: 3:23-cv-25. (Filing Fee $ 52. Document filed by Republic National Distributing Company..(Krumholz, Richard) |
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respm
Reply Memorandum of Law in Support of Motion
Mon 02/19 10:35 PM
REPLY MEMORANDUM OF LAW in Support re:1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel Breakthru Beverage Group, LLC to produce . Other Court Name: United States District Court - Western District of Kentucky. Other Court Case Number: 3:23-cv-25. (Filing Fee $ 52 . Document filed by Republic National Distributing Company..(Krumholz, Richard) |
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| Thursday, February 15, 2024 | ||
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2
pgs
order
Order on Motion to Appear Pro Hac Vice
Thu 02/15 1:28 PM
ORDER FOR PRO HAC VICE ADMISSION granting20 MOTION for Earl Edward Farkas, Esq. to Appear Pro Hac Vice. The motion of EARL EDWARD FARKAS for admission to practice Pro Hac Vice in the above-captioned action is hereby GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 2/15/2024) (jca) |
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| Monday, February 12, 2024 | ||
| 21 | 21
misc
Rule 7.1 Corporate Disclosure Statement
Mon 02/12 5:22 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Sunbelt Holding, Inc., Other Affiliate Wirtz Beverage Holdings, LLC, Other Affiliate Breakthru Sunbelt, LLC, Other Affiliate Kindred Partners Inc., Other Affiliate Breakthru Beverage Missouri, LLC, Other Affiliate Breakthru Beverage California, LLC, Other Affiliate Breakthru Wirtz, LLC for Breakthru Beverage Group, LLC. Document filed by Breakthru Beverage Group, LLC..(Skakel, Deborah) |
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| Friday, February 09, 2024 | ||
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motion
Appear Pro Hac Vice
Fri 02/09 4:41 PM
MOTION for Earl Edward Farkas, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28930995. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Breakthru Beverage Group, LLC..(Skakel, Deborah) |
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| 19 | 19
1
pgs
motion
Oral Argument
Fri 02/09 4:33 PM
LETTER MOTION for Oral Argument regarding pending motion to compel (Doc. 4), respectfully requested, addressed to Magistrate Judge Barbara C. Moses from Deborah A. Skakel, Esq. dated February 9, 2024. Document filed by Breakthru Beverage Group, LLC..(Skakel, Deborah) |
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10
pgs
respoth
Affidavit in Opposition (non-motion)
Fri 02/09 4:25 PM
AFFIDAVIT of Earl Farkas in Opposition re:4 Memorandum of Law in Support of Motion,,. Document filed by Breakthru Beverage Group, LLC..(Skakel, Deborah) |
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Att: 1
Exhibit 1-Sazerac Complaint,
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Att: 2
Exhibit 2-RNDC's Answer Aff Defenses and Counterclaims,
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Att: 3
Exhibit 3-Wenz to Roberts Email,
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Att: 4
Exhibit 4-PO History AZ,
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Att: 5
Exhibit 5-PO History FL Miramar,
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Att: 6
Exhibit 6-PO History FL Tampa,
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Att: 7
Exhibit 7-PO History MD,
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Att: 8
Exhibit 8-PO History SC,
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Att: 9
Exhibit 9-PO History DC,
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Att: 10
Exhibit 10-RNDC Production Acknowledgement,
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Att: 11
Exhibit 11-RNDC WDKY 52-5
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respoth
Affidavit in Opposition (non-motion)
Fri 02/09 4:19 PM
AFFIDAVIT of Peter Lijewski in Opposition re:4 Memorandum of Law in Support of Motion,,. Document filed by Breakthru Beverage Group, LLC..(Skakel, Deborah) |
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Att: 1
Exhibit 1-RNDC Invoices,
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Att: 2
Exhibit 2-PO History AZ,
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Att: 3
Exhibit 3-PO History FL Miramar,
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Att: 4
Exhibit 4-PO History FL Tampa,
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Att: 5
Exhibit 5-PO History MD,
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Att: 6
Exhibit 6-PO History SC,
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Att: 7
Exhibit 7-PO History DC
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respoth
Affidavit in Opposition (non-motion)
Fri 02/09 4:13 PM
AFFIDAVIT of Chris Nicolas in Opposition re:4 Memorandum of Law in Support of Motion,,. Document filed by Breakthru Beverage Group, LLC..(Skakel, Deborah) |
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Att: 1
Exhibit 1 - emails
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respoth
Affidavit in Opposition (non-motion)
Fri 02/09 4:11 PM
AFFIDAVIT of Jonathan Lippe in Opposition re:4 Memorandum of Law in Support of Motion,,. Document filed by Breakthru Beverage Group, LLC..(Skakel, Deborah) |
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respoth
Affidavit in Opposition (non-motion)
Fri 02/09 4:08 PM
AFFIDAVIT of Justin Voigts in Opposition re:4 Memorandum of Law in Support of Motion,,. Document filed by Breakthru Beverage Group, LLC..(Skakel, Deborah) |
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6
pgs
respoth
Affidavit in Opposition (non-motion)
Fri 02/09 4:07 PM
AFFIDAVIT of Kevin Roberts in Opposition re:4 Memorandum of Law in Support of Motion,,. Document filed by Breakthru Beverage Group, LLC..(Skakel, Deborah) |
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respoth
Affidavit in Opposition (non-motion)
Fri 02/09 4:04 PM
AFFIDAVIT of Bradley Fisher in Opposition re:4 Memorandum of Law in Support of Motion,,. Document filed by Breakthru Beverage Group, LLC..(Skakel, Deborah) |
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| 11 | 11
30+
pgs
respoth
Memorandum of Law in Opposition (non-motion)
Fri 02/09 4:02 PM
MEMORANDUM OF LAW in Opposition re:4 Memorandum of Law in Support of Motion,, . Document filed by Breakthru Beverage Group, LLC..(Skakel, Deborah) |
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misc
Notice Regarding Pro Hac Vice Motion
Fri 02/09 4:57 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 20 MOTION for Earl Edward Farkas, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28930995. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
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| Wednesday, February 07, 2024 | ||
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1
pgs
order
Order ~Util - Set Deadlines
Thu 02/08 8:46 AM
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, pursuant to 28 U.S.C. § 636(b)(1)(A). All pretrial motions and applications must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. In accordance with the District Judge's Order dated January 31, 2024 (Dkt. 8), respondent shall file its response brief no later than February 9, 2024, and petitioner shall file its reply brief no later than February 19, 2024. Parties and counsel are cautioned that requests to adjourn a court conference or other court proceeding (including a telephonic court conference) or to extend a deadline must be made in writing and in compliance with § 2(a) of Judge Moses's Individual Practices. Telephone requests for adjournments or extensions will not be entertained. In accordance with § 2(g) of Judge Moses's Individual Practices, courtesy copies of all formal motion papers, marked as such, must be delivered by hand, mail, or courier promptly after filing. Courtesy copies should bear the ECF header generated at the time of electronic filing and include protruding tabs for any exhibits. Bulky materials should be neatly bound or placed in 3-ring binders with appropriate dividers. ( Brief due by 2/9/2024. Replies due by 2/19/2024.) (Signed by Magistrate Judge Barbara C. Moses on 2/7/2024) (va) |
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| Friday, February 02, 2024 | ||
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1
pgs
order
Order Referring Case to Magistrate Judge
Fri 02/02 2:37 PM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). All such motions. Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/2/24) (yv) |
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| Thursday, February 01, 2024 | ||
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utility
Case Designation
Thu 02/01 2:07 PM
Magistrate Judge Barbara C. Moses 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] . (tro) |
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| Wednesday, January 31, 2024 | ||
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order
Stipulation and Order ~Util - Set Deadlines
Wed 01/31 2:39 PM
STIPULATION AND ORDER FOR BRIEFING SCHEDULE, The parties to this action, by and through their undersigned counsel, hereby stipulate and request the Court to enter the following briefing schedule in the above-captioned matter: 1. Respondent shall file its Response brief to Petitioner's Motion to Compel Breakthru Beverage Group, LLC to Comply with Petitioner's Subpoena [ECF No. 4) on or before February 9, 2024. 2. Petitioner shall file its Reply brief to Respondent's Response brief on or before February 19, 2024. SO ORDERED. ( Replies due by 2/19/2024., Responses due by 2/9/2024) (Signed by Judge Lewis A. Kaplan on 1/31/24) (yv) |
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| Tuesday, January 30, 2024 | ||
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misc
Proposed Stipulation and Order
Tue 01/30 4:43 PM
PROPOSED STIPULATION AND ORDER. Document filed by Republic National Distributing Company..(Krumholz, Richard) |
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| 6 | 6
notice
Notice of Appearance
Tue 01/30 11:01 AM
NOTICE OF APPEARANCE by Deborah A. Skakel on behalf of Breakthru Beverage Group, LLC..(Skakel, Deborah) |
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| Wednesday, January 24, 2024 | ||
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utility
Case Designated ECF
Wed 01/24 4:49 PM
Case Designated ECF. (vba) |
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notice
Miscellaneous Case Opening Initial Assignment Notice
Wed 01/24 4:53 PM
MISCELLANEOUS CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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:http://https://nysd.uscourts.gov/rules/ecf-related-instructions] . .(vba) |
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| Monday, January 22, 2024 | ||
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notice
Notice of Appearance
Mon 01/22 12:14 PM
NOTICE OF APPEARANCE by Richard Samson Krumholz on behalf of Republic National Distributing Company..(Krumholz, Richard) |
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| 4 | 4
16
pgs
respm
Memorandum of Law in Support of Motion
Mon 01/22 12:10 PM
MEMORANDUM OF LAW in Support re:1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel Breakthru Beverage Group, LLC to produce . Other Court Name: United States District Court - Western District of Kentucky. Other Court Case Number: 3:23-cv-25. (Filing Fee $ 52 . Document filed by Republic National Distributing Company. (Attachments: #1 Exhibit Subpoena, #2 Exhibit Letter - 11 3-2023 #3 Exhibit Letter - 10 5-2023 #4 Exhibit Letter - 10 24-2023 #5 Exhibit Letter - 10 29-2023 #6 Exhibit Letter - 10 27-2023 #7 Exhibit Letter - 7 19-2023 #8 Exhibit Letter - 10 23-2023 #9 Exhibit Letter - 8 24-2023 #10 Exhibit Email - 8 22-2023 .(Krumholz, Richard) |
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| 3 | 3
misc
Rule 7.1 Corporate Disclosure Statement
Mon 01/22 11:59 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent NDC Partners LLC, Other Affiliate New BG Distribution Partners, LLC, Other Affiliate Margery L. Block Grantor Retained Annuity Trust, Other Affiliate Dreeben Family I, LP, Other Affiliate NDC Leasing Company, LLC, Other Affiliate National Distributing Company, Inc. for Republic National Distributing Company. Document filed by Republic National Distributing Company..(Krumholz, Richard) |
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| 2 | 2
misc
Miscellaneous Cover Sheet
Mon 01/22 11:48 AM
MISCELLANEOUS COVER SHEET filed..(Krumholz, Richard) |
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| 1 | 1
2
pgs
motion
Compel
Mon 01/22 11:40 AM
MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel Breakthru Beverage Group, LLC to produce . Other Court Name: United States District Court - Western District of Kentucky. Other Court Case Number: 3:23-cv-25. (Filing Fee $ 52.00, Receipt Number ANYSDC-28839124)Document filed by Republic National Distributing Company.(Krumholz, Richard) |
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