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Court Dockets
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:19-cv-00972-LAP
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:19-cv-00972-LAP
Hesse v. Godiva Chocolatier, Inc. et al
DOCKET INFORMATION
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| Plaintiff |
Steve Hesse on behalf of himself and all others similarly situatedPlaintiff
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| Representation | |||
| Aubry Wand The Wand Law Firm, P.C. 400 Corporate Pointe Ste 300 Culver City, CA 90230 (310) 590-4503 Fax: (310) 590-4596 awand@wandlawfirm.com ATTORNEY TO BE NOTICED | Benjamin Heikali Faruqi and Faruqi LLP 10866 Wilshire Boulevard, Suite 1470 Los Angeles, CA 90024 (424) 256-2884 Fax: (424) 256-2885 bheikali@faruqilaw.com ATTORNEY TO BE NOTICED | Timothy J Peter Faruqi & Faruqi, LLP 1617 John F. Kennedy Boulevard Suite 1550 Philadelphia, PA 19103 (215) 277-5770 Fax: (215) 277-5771 tpeter@faruqilaw.com ATTORNEY TO BE NOTICED | |
| Innessa Melamed Huot Faruqi & Faruqi, LLP (NYC) 685 Third Avenue, 26th Floor New York, NY 10017 (212) 983-9330 Fax: (212) 983-9331 ihuot@faruqilaw.com ATTORNEY TO BE NOTICED | |||
| Defendant |
Godiva Chocolatier, Inc.
Defendant
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| Representation | |||
| Dennis Cecil Hopkins Perkins Coie LLP 1155 Avenue of the Americas 22nd Floor New York, NY 10036 (212) 261-6916 dhopkins@perkinscoie.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Seth A. Moskowitz Kasowitz, Benson, Torres LLP (NYC) 1633 Broadway New York, NY 10019 (212) 506-1757 Fax: (212) 506-1800 smoskowitz@kasowitz.com TERMINATED: 12/23/2020 LEAD ATTORNEY | Andrew Louis Schwartz Kasowitz Benson Torres LLP 1633 Broadway New York, NY 10019 (212) 506-1700 aschwartz@kasowitz.com TERMINATED: 12/23/2020 | |
| Brian Seonjoon Choi Kasowitz Benson Torres LLP 1633 Broadway New York, NY 10019 (212) 506-3308 Fax: (212) 656-1769 bchoi@kasowitz.com TERMINATED: 12/23/2020 | Carrie Akinaka Perkins Coie LLP 1888 Century Park East Suite 1700 Los, CA 90067 (310) 788-3394 cakinaka@perkinscoie.com ATTORNEY TO BE NOTICED | David Biderman David Biderman 1888 Century Park East Suite 1700 Los Angeles, CA 90067 (415) 344-7003 Fax: (415) 344-7050 dbiderman@perkinscoie.com ATTORNEY TO BE NOTICED | |
| Thomas J. Tobin Perkins Coie LLP 1201 Third Ave Ste. 4900 Seattle, WA 98101 (206) 359-8000 Fax: (206) 359-9000 ttobin@perkinscoie.com WA ATTORNEY TO BE NOTICED | |||
| Defendant |
Does 1 through 50Defendant
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| Objector |
Eli Lehrer
Objector
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| Representation | |||
| Anna St. John Hamilton Lincoln Law Institute 1629 K St. NW Suite 300 Washington, DC 20006 (917) 327-2392 anna.stjohn@hlli.org LEAD ATTORNEY ATTORNEY TO BE NOTICED | |||
| Interested Party |
Shiyang Huang
Interested Party
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Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Jan 31, 2019 | View | COMPLAINT against Does, Godiva Chocolatier, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16275442)Document filed by Steve Hesse.(Huot, Innessa) (Entered: 01/31/2019) |
| 2 | Jan 31, 2019 | Request | CIVIL COVER SHEET filed. (Huot, Innessa) (Entered: 01/31/2019) |
| 3 | Jan 31, 2019 | Request | REQUEST FOR ISSUANCE OF SUMMONS as to Godiva Chocolatier, Inc., re: 1 Complaint. Document filed by Steve Hesse. (Huot, Innessa) (Entered: 01/31/2019) |
| Feb 1, 2019 | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at 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 http://nysd.uscourts.gov/ecf_filing.php. (pne) (Entered: 02/01/2019) | ||
| Feb 1, 2019 | Magistrate Judge Robert W. Lehrburger 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: http://nysd.uscourts.gov/forms.php. (pne) (Entered: 02/01/2019) | ||
| Feb 1, 2019 | Case Designated ECF. (pne) (Entered: 02/01/2019) | ||
| 4 | Feb 1, 2019 | Request | ELECTRONIC SUMMONS ISSUED as to Godiva Chocolatier, Inc.. (pne) (Entered: 02/01/2019) |
| Feb 1, 2019 | ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Innessa Melamed Huot. The following case opening statistical information was erroneously selected/entered: Dollar Demand None; County code Suffolk. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $5,000,000; the County code has been modified to New York. (pne) (Entered: 02/01/2019) | ||
| 5 | Feb 5, 2019 | Request | NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, May 24, 2019 at 3:30pm in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) Initial Conference set for 5/24/2019 at 03:30 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 2/5/2019) (kv) (Entered: 02/05/2019) |
| 6 | Feb 8, 2019 | Request | FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Godiva Chocolatier, Inc., re: 1 Complaint. Document filed by Steve Hesse. (Huot, Innessa) Modified on 2/11/2019 (dnh). (Entered: 02/08/2019) |
| Feb 11, 2019 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Innessa Melamed Huot to RE-FILE Document No. 6 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): PDF must refelct the word Amended. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) (Entered: 02/11/2019) | ||
| 7 | Feb 11, 2019 | Request | REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Godiva Chocolatier, Inc., re: 1 Complaint. Document filed by Steve Hesse. (Huot, Innessa) (Entered: 02/11/2019) |
| 8 | Feb 12, 2019 | Request | ELECTRONIC AMENDED SUMMONS ISSUED as to Godiva Chocolatier, Inc.. (dnh) (Entered: 02/12/2019) |
| 9 | Feb 12, 2019 | Request | SUMMONS RETURNED EXECUTED. Godiva Chocolatier, Inc. served on 2/12/2019, answer due 3/5/2019. Service was accepted by Trish, assistant to Defendant's General Counsel. Document filed by Steve Hesse. (Huot, Innessa) (Entered: 02/12/2019) |
| 10 | Mar 4, 2019 | View | NOTICE OF APPEARANCE by Seth A. Moskowitz on behalf of Godiva Chocolatier, Inc.. (Moskowitz, Seth) (Entered: 03/04/2019) |
| 11 | Mar 4, 2019 | Request | NOTICE OF APPEARANCE by Brian Seonjoon Choi on behalf of Godiva Chocolatier, Inc.. (Choi, Brian) (Entered: 03/04/2019) |
| 12 | Mar 5, 2019 | View | FIRST AMENDED COMPLAINT amending 1 Complaint against Does, Godiva Chocolatier, Inc. with JURY DEMAND.Document filed by Steve Hesse, Adam Buxbaum. Related document: 1 Complaint.(Huot, Innessa) (Entered: 03/05/2019) |
| Mar 6, 2019 | ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Innessa Melamed Huot. The party information for the following party/parties has been modified: Adam Buxbaum. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) (Entered: 03/06/2019) | ||
| 13 | Mar 12, 2019 | Request | LETTER MOTION for Extension of Time to File Answer re: 12 Amended Complaint addressed to Judge Alison J. Nathan from Innessa M. Huot and Seth A. Moskowitz dated March 12, 2019. Document filed by Adam Buxbaum, Steve Hesse.(Huot, Innessa) (Entered: 03/12/2019) |
| 14 | Mar 15, 2019 | Request | ORDER granting 13 Letter Motion for Extension of Time to Answer re 1 Complaint. The deadline for Defendant's responsive pleading is April 19, 2019. Plaintiffs' opposition, if any, is due May 20, 2019, and Defendant's reply, if any, is due June 3, 2019. As Defendant has given consent, Plaintiffs have leave to file an additional amended pleading within 21 days after service of a responsive pleading or 21 days after service of a motion under rule 12(b), (e), or (f), whichever is earlier. With respect to the effect of the prior dismissal under Rule 41, on or before March 29, 2019, the parties shall provide authority for their position that this Court can order that the dismissal of an action before another court shall not be considered a "first dismissal." SO ORDERED. (Godiva Chocolatier, Inc. answer due 4/19/2019.) (Signed by Judge Alison J. Nathan on 3/15/2019) (rro) (Entered: 03/15/2019) |
| Mar 15, 2019 | Set/Reset Deadlines: Responses due by 5/20/2019. Replies due by 6/3/2019. (rro) (Entered: 03/15/2019) | ||
| 15 | Mar 18, 2019 | Request | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Aubry Wand to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16514795. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adam Buxbaum, Steve Hesse. (Attachments: # 1 Affidavit of Aubry Wand, # 2 Exhibit California Bar Certificate of Standing, # 3 Exhibit Hawaii Bar Certificate of Standing, # 4 Proposed Order)(Wand, Aubry) Modified on 3/18/2019 (jc). (Entered: 03/18/2019) |
| Mar 18, 2019 | >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 15 MOTION for Aubry Wand to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16514795. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California (our court does not accept state bar certificates for California). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc) (Entered: 03/18/2019) | ||
| 16 | Mar 26, 2019 | View | MOTION for Aubry Wand to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adam Buxbaum, Steve Hesse. (Attachments: # 1 Affidavit of Aubry Wand, # 2 California Certificate of Good Standing, # 3 Hawaii Certificate of Good Standing, # 4 Proposed Order)(Wand, Aubry) (Entered: 03/26/2019) |
| Mar 27, 2019 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Aubry Wand to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 03/27/2019) | ||
| 17 | Mar 27, 2019 | Request | ORDER granting 16 Motion for Aubry Wand to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) Transmission to Attorney Services/Help Desk. (Entered: 03/27/2019) |
| 18 | Mar 29, 2019 | Request | LETTER MOTION for Leave to File Excess Pages regarding forthcoming motion briefing addressed to Judge Alison J. Nathan from Brian S. Choi dated March 29, 2019. Document filed by Godiva Chocolatier, Inc..(Choi, Brian) (Entered: 03/29/2019) |
| 19 | Mar 29, 2019 | Request | LETTER addressed to Judge Alison J. Nathan from Innessa M. Huot dated March 29, 2019 re: The Court's March 15, 2019 Order. Document filed by Adam Buxbaum, Steve Hesse.(Huot, Innessa) (Entered: 03/29/2019) |
| 20 | Apr 1, 2019 | Request | ORDER granting 18 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/1/2019) (kv) (Entered: 04/01/2019) |
| 21 | Apr 10, 2019 | Request | MEMO ENDORSEMENT on re: 19 Letter filed by Adam Buxbaum, Steve Hesse. ENDORSEMENT: The parties have indicated that Plaintiff Buxbaum's voluntary dismissal of his action in the Northern District of California was done by stipulation on agreement by all parties. In the Second Circuit, if a first dismissal is stipulated to under such circumstances, a subsequent voluntary dismissal does not trigger the 'two dismissal rule.' See Poloran Prods., Inc. v. Lybrand Ross Bros. & Montgomery, 534 F.2d 1012, 1018 (2d Cir. 1976) ("[W]e hold that the filing of a notice of dismissal preceded by a dismissal by stipulation knowingly consented to by all parties does not activate the 'two dismissal' bar against bringing an action based on or including the same claim."). Accordingly, the parties are free to raise this argument should it become relevant in subsequent proceedings. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/10/2019) (kv) (Entered: 04/10/2019) |
| 22 | Apr 19, 2019 | View | MOTION to Dismiss The First Amended Class Action Complaint. Document filed by Godiva Chocolatier, Inc..(Moskowitz, Seth) (Entered: 04/19/2019) |
| 23 | Apr 19, 2019 | View | MEMORANDUM OF LAW in Support re: 22 MOTION to Dismiss The First Amended Class Action Complaint. . Document filed by Godiva Chocolatier, Inc.. (Moskowitz, Seth) (Entered: 04/19/2019) |
| 24 | Apr 19, 2019 | View | NOTICE of Defendant Godiva Chocolatier, Inc.'s Request For Judicial Notice re: 22 MOTION to Dismiss The First Amended Class Action Complaint.. Document filed by Godiva Chocolatier, Inc.. (Moskowitz, Seth) (Entered: 04/19/2019) |
| 25 | Apr 19, 2019 | Request | FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 36 Declaration) - DECLARATION of Brian S. Choi in Support re: 22 MOTION to Dismiss The First Amended Class Action Complaint.. Document filed by Godiva Chocolatier, Inc.. (Attachments: # 1 Exhibit A: US PTO Registrations, # 2 Exhibit B: Unparalleled Belgium Heritage Since 1926, # 3 Exhibit C: History of Godiva, # 4 Exhibit D: CBS Article)(Moskowitz, Seth) Modified on 6/6/2019 (db). (Entered: 04/19/2019) |
| 26 | Apr 22, 2019 | View | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ulker Biskuvi Sanayi A.S., Corporate Parent G-New Inc., Corporate Parent Yildiz Holding, A.S., Corporate Parent Yeni Cikolatali Mamuller Gida Sanayi Ve Ticaret A.S. for Godiva Chocolatier, Inc.. Document filed by Godiva Chocolatier, Inc..(Moskowitz, Seth) (Entered: 04/22/2019) |
| 27 | May 10, 2019 | Request | LETTER addressed to Judge Alison J. Nathan from Innessa M. Huot dated May 10, 2019 re: Rule 3.F of the Court's Individual Practices in Civil Cases. Document filed by Adam Buxbaum, Steve Hesse.(Huot, Innessa) (Entered: 05/10/2019) |
| 28 | May 17, 2019 | View | JOINT LETTER addressed to Judge Alison J. Nathan from Seth A. Moskowitz dated May 17, 2019 re: Initial Pretrial Conference Scheduled for May 24, 2019. Document filed by Godiva Chocolatier, Inc..(Moskowitz, Seth) (Entered: 05/17/2019) |
| 29 | May 17, 2019 | View | PROPOSED CASE MANAGEMENT PLAN. Document filed by Godiva Chocolatier, Inc.. (Moskowitz, Seth) (Entered: 05/17/2019) |
| 30 | May 17, 2019 | Request | MOTION for Timothy J. Peter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16910004. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adam Buxbaum, Steve Hesse. (Attachments: # 1 Affidavit of Timothy J. Peter in support of Plaintiffs' Motion for Mr. Peter's Admission Pro Hac Vice, # 2 Certificate of Good Standing from the Supreme Court of Pennsylvania, # 3 Text of Proposed Order)(Peter, Timothy) (Entered: 05/17/2019) |
| May 20, 2019 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 30 MOTION for Timothy J. Peter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16910004. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 05/20/2019) | ||
| 31 | May 20, 2019 | Request | ORDER granting 30 Motion for Timothy J. Peter to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) Transmission to Attorney Services/Help Desk. (Entered: 05/20/2019) |
| 32 | May 20, 2019 | View | MEMORANDUM OF LAW in Opposition re: 22 MOTION to Dismiss The First Amended Class Action Complaint. . Document filed by Adam Buxbaum, Steve Hesse. (Peter, Timothy) (Entered: 05/20/2019) |
| 33 | May 21, 2019 | View | ORDER: In light of parties' agreement to hold discovery in abeyance pending the Court's resolution of Defendant's motion to dismiss, the initial pretrial conference previously scheduled for May 24, 2019 is hereby adjourned sine die. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/20/2019) (kv) (Entered: 05/21/2019) |
| 34 | Jun 3, 2019 | View | REPLY MEMORANDUM OF LAW in Support re: 22 MOTION to Dismiss The First Amended Class Action Complaint. . Document filed by Godiva Chocolatier, Inc.. (Moskowitz, Seth) (Entered: 06/03/2019) |
| 35 | Jun 3, 2019 | Request | LETTER addressed to Judge Alison J. Nathan from Seth A. Moskowitz dated June 3, 2019 re: Request For Oral Argument. Document filed by Godiva Chocolatier, Inc..(Moskowitz, Seth) (Entered: 06/03/2019) |
| 36 | Jun 4, 2019 | Request | DECLARATION of Brian S. Choi in Support re: 22 MOTION to Dismiss The First Amended Class Action Complaint.. Document filed by Godiva Chocolatier, Inc.. (Attachments: # 1 Exhibit A: US PTO Registrations, # 2 Exhibit B: Unparalleled Belgium Heritage Since 1926, # 3 Exhibit C: History of Godiva, # 4 Exhibit D: History of Godiva)(Choi, Brian) (Entered: 06/04/2019) |
| 37 | Aug 19, 2019 | View | NOTICE of Supplemental Authority. Document filed by Godiva Chocolatier, Inc.. (Attachments: # 1 Exhibit A-Florida Court Dismissal Order, # 2 Exhibit B-Florida Complaint)(Moskowitz, Seth) (Entered: 08/19/2019) |
| 38 | Sep 4, 2019 | View | LETTER addressed to Judge Alison J. Nathan from Seth A. Moskowitz dated September 4, 2019 re: Motion to Dismiss (ECF No. 34). Document filed by Godiva Chocolatier, Inc..(Moskowitz, Seth) (Entered: 09/04/2019) |
| 39 | May 29, 2020 | View | OPINION & ORDER re: 22 MOTION to Dismiss The First Amended Class Action Complaint. filed by Godiva Chocolatier, Inc. Godiva's motion to dismiss is GRANTED in part and DENIED in part. The following claims survive: (1) violation of New York GBL ?? 349, (2) violation of New York GBL ?? 350, (3) violation of California's Consumer Legal Remedies Act, (4) violation of California's Unfair Competition Law, (5) violation of California's False Advertising Law, (6) breach of express warranty under New York law; (7) breach of express warranty under California law, and (8) breach of implied warranty under New York law. Moreover, Plaintiffs lack standing to seek injunctive relief in this matter. This resolves Dkt. Nos. 22 and 24. As oral argument is not necessary for the resolution of this motion, that request is DENIED. The Court will schedule a status conference by separate order. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/29/20) (yv) (Entered: 05/29/2020) |
| 40 | Jun 5, 2020 | Request | ORDER: The parties are hereby ordered to appear by telephone on July 17, 2020 at 3:15 p.m. for an initial pretrial conference. They are directed to submit a joint letter and proposed case management plan to the Court 7 days prior to that conference. See Dkt. No. 5. In their joint letter, the parties should indicate whether they can do without an initial pretrial conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. (Initial Conference set for 7/17/2020 at 03:15 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 6/5/2020) (jwh) (Entered: 06/05/2020) |
| 41 | Jun 11, 2020 | Request | PROPOSED STIPULATION AND ORDER. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 06/11/2020) |
| 42 | Jun 12, 2020 | View | ANSWER to 12 Amended Complaint with JURY DEMAND. Document filed by Godiva Chocolatier, Inc...(Moskowitz, Seth) (Entered: 06/12/2020) |
| 43 | Jun 26, 2020 | View | STIPULATION ORDER ORDER GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIAL...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 6/26/2020) (cf) (Entered: 06/26/2020) |
| 44 | Jul 10, 2020 | View | JOINT LETTER addressed to Judge Alison J. Nathan from Timothy J. Peter and Seth A. Moskowitz dated July 10, 2020 re: Civil Case Management Plan and Scheduling Order. Document filed by Adam Buxbaum, Steve Hesse. (Attachments: # 1 Proposed Civil Case Management Plan and Scheduling Order).(Peter, Timothy) (Entered: 07/10/2020) |
| 45 | Jul 16, 2020 | View | ORDER. In light of the parties' agreement that an initial pretrial conference is not necessary, Dkt. No. 44, the conference presently scheduled for July 17, 2020 is hereby adjourned sine die. SO ORDERED. The following hearing(s) was terminated: Initial Conference. (Signed by Judge Alison J. Nathan on 7/16/2020) (rjm) (Entered: 07/16/2020) |
| 46 | Jul 27, 2020 | Request | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. ?? 636(c). All Fact Discovery due by 3/31/2021. All Expert Discovery due by 6/15/2021. Deposition due by 6/15/2021. Counsel for the parties will submit a letter by April 7, 2021 seeking a referral. This case is to be tried to a jury. The next Case Management Conference set for 5/7/2021 at 03:30 PM before Judge Alison J. Nathan. And as set forth herein. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/27/2020) (ama) (Entered: 07/27/2020) |
| 47 | Jul 27, 2020 | Request | MEMO ENDORSEMENT on re: 44 Letter, filed by Adam Buxbaum, Steve Hesse. ENDORSEMENT: The Court hereby grants the parties' requested deadlines and will enter the parties' proposed case management plan in a separate Order. Because the proposed deadlines go far beyond this Court's usual practice, no further extensions will be granted in this matter. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/27/2020) (kv) (Entered: 07/27/2020) |
| 48 | Aug 11, 2020 | Request | NOTICE OF APPEARANCE by Andrew Louis Schwartz on behalf of Godiva Chocolatier, Inc...(Schwartz, Andrew) (Entered: 08/11/2020) |
| 49 | Dec 22, 2020 | Request | PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Godiva Chocolatier, Inc.. (Attachments: # 1 Declaration of Dennis Hopkins Pursuant to Local Civil Rule 1.4).(Hopkins, Dennis) (Entered: 12/22/2020) |
| 50 | Dec 23, 2020 | Request | STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned and pursuant to Local Civil Rule 1.4, that the law firm Perkins Cole LLP hereby is substituted in place of the law firm Kasowitz, Benson, Torres LLP ("Kasowits") as counsel o record for defendant Godiva Chocolatier, Inc. ("Godiva") in the above-captioned action. And as set forth herein. SO ORDERED., Attorney Andrew Louis Schwartz; Brian Seonjoon Choi and Seth A. Moskowitz terminated. (Signed by Judge Alison J. Nathan on 12/23/2020) (ama) (Entered: 12/23/2020) |
| 51 | Dec 23, 2020 | Request | NOTICE OF APPEARANCE by Dennis Cecil Hopkins on behalf of Godiva Chocolatier, Inc...(Hopkins, Dennis) (Entered: 12/23/2020) |
| 52 | Dec 24, 2020 | Request | JOINT LETTER MOTION for Extension of Time on the deadlines and events currently set forth in the Court's Case Management Plan and Scheduling Order (ECF No. 46) and Court's Memo Endorsement of the Parties' joint letter (ECF No. 47) addressed to Judge Alison J. Nathan from Timothy J. Peter and Dennis C. Hopkins dated December 24, 2020. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 12/24/2020) |
| 53 | Jan 5, 2021 | View | ORDER granting 52 JOINT LETTER MOTION for Extension of Time on the deadlines and events currently set forth in the Court's Case Management Plan and Scheduling Order (ECF No. 46) and Court's Memo Endorsement of the Parties' joint letter (ECF No. 47) addressed to Judge Alison J. Nathan from Timothy J. Peter and Dennis C. Hopkins dated December 24, 2020. Document filed by Adam Buxbaum, Steve Hesse. The Court hereby GRANTS the parties' request for an extension. This schedule shall control. The post-discovery conference is hereby RESCHEDULED to August 13, 2021 at 3:00 p.m. SO ORDERED. (Deposition due by 9/15/2021. Motions due by 10/15/2021). (Signed by Judge Alison J. Nathan on 1/4/2021) (rjm) (Entered: 01/05/2021) |
| Jan 5, 2021 | Set/Reset Deadlines: ( Expert Discovery due by 9/15/2021. Fact Discovery due by 6/30/2021. Responses due by 11/22/2021. Replies due by 12/10/2021.) Set/Reset Hearings: (Case Management Conference set for 8/13/2021 at 03:00 PM before Judge Alison J. Nathan. Status Conference set for 8/13/2021 at 03:00 PM before Judge Alison J. Nathan.) (rjm) (Entered: 01/05/2021) | ||
| 54 | Jan 21, 2021 | View | JOINT LETTER addressed to Judge Alison J. Nathan from The Parties dated January 21, 2021 re: Postponement in the Scheduled Mediation. Document filed by Godiva Chocolatier, Inc...(Hopkins, Dennis) (Entered: 01/21/2021) |
| 55 | Jan 22, 2021 | View | NOTICE OF APPEARANCE by Thomas J. Tobin on behalf of Godiva Chocolatier, Inc...(Tobin, Thomas) (Entered: 01/22/2021) |
| 56 | Feb 5, 2021 | Request | INTERNET CITATION NOTE: Material from decision with Internet citation re: 39 Memorandum & Opinion. (sjo) (Entered: 02/05/2021) |
| 57 | Apr 16, 2021 | View | JOINT LETTER MOTION for Extension of Time of the deadlines and events currently set forth in the Court's Case Management Plan and Scheduling Order (ECF No. 46) and Court's Memo Endorsement of the Parties' Joint Letter (ECF No. 53) and to provide the Court with an update regarding the Parties' settlement discussions addressed to Judge Alison J. Nathan from The Parties dated April 16, 2021. Document filed by Godiva Chocolatier, Inc...(Hopkins, Dennis) (Entered: 04/16/2021) |
| 58 | Apr 20, 2021 | View | ORDER granting 57 Letter Motion for Extension of Time. In adopting the parties' original proposed schedule, the court noted that the proposed deadlines went far beyond the Court's usual practices and that the Court likely would not permit any further extensions. Nevertheless, because the Court concludes that there is good cause for the extension request is Granted, and the parties revised schedule, as set forth in pages 3 and 4 of this letter motion, shall control. No further extensions will be granted. The post-discovery conference is adjourned to October 15, 2021 at 3:00 p.m. So Ordered. (Signed by Judge Alison J. Nathan on 4/20/2021) (js) (Entered: 04/20/2021) |
| Apr 20, 2021 | Set/Reset Deadlines: ( Deposition due by 11/15/2021., Expert Discovery due by 11/15/2021., Fact Discovery due by 8/30/2021., Responses due by 1/21/2022, Replies due by 2/8/2022.), Set/Reset Hearings:( Case Management Conference set for 10/15/2021 at 03:00 PM before Judge Alison J. Nathan.) (js) (Entered: 04/20/2021) | ||
| 59 | Jul 7, 2021 | Request | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David T. Biderman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24765401. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Godiva Chocolatier, Inc...(Biderman, David) Modified on 7/8/2021 (wb). (Entered: 07/07/2021) |
| Jul 8, 2021 | >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 59 MOTION for David T. Biderman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24765401. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) (Entered: 07/08/2021) | ||
| 60 | Jul 22, 2021 | Request | MOTION for David T. Biderman to Appear Pro Hac Vice Receipt ANYSDC-24765401. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Godiva Chocolatier, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Affidavit of David T. Biderman, # 3 Text of Proposed Order).(Biderman, David) (Entered: 07/22/2021) |
| Jul 23, 2021 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 60 MOTION for David T. Biderman to Appear Pro Hac Vice Receipt ANYSDC-24765401. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 07/23/2021) | ||
| 61 | Jul 23, 2021 | Request | ORDER granting 60 Motion for David T. Biderman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi) (Entered: 07/23/2021) |
| 62 | Oct 1, 2021 | Request | ORDER: A post-discovery status conference is scheduled in this case for October 15, 2021 at 3:00 p.m. The proceeding will be held in-person in Courtroom 906 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. If either counsel believe that the proceeding should be held remotely, counsel should confer with the other side and, no later than five days from this Order, submit a letter request to that effect. It is hereby ORDERED that within seven days prior to the post-discovery status conference, the parties shall meet and confer and submit a joint letter to the Court. The joint letter shall, as further set forth in this Order. SO ORDERED. ( Status Conference set for 10/15/2021 at 03:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 10/1/2021) (vfr) (Entered: 10/01/2021) |
| 63 | Oct 5, 2021 | View | JOINT LETTER MOTION for Oral Argument Regarding Plaintiffs' Motion for Preliminary Approval addressed to Judge Alison J. Nathan from Timothy J. Peter dated October 5, 2021. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 10/05/2021) |
| 64 | Oct 7, 2021 | View | ORDER terminating 63 Letter Motion for Oral Argument. Plaintiffs' are hereby ORDERED to submit their motion for preliminary approval on or before October 13, 2021. All other pending deadlines and hearings are ADJOURNED sine die. The Court will inform the parties it if requires oral argument or a hearing on the preliminary approval motion. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/7/2021) (vfr) (Entered: 10/07/2021) |
| Oct 7, 2021 | Set/Reset Deadlines: Motions due by 10/13/2021. (vfr) (Entered: 10/07/2021) | ||
| 65 | Oct 12, 2021 | View | MOTION for Settlement Notice of Motion for Preliminary Approval of Class Action Settlement. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 10/12/2021) |
| 66 | Oct 12, 2021 | View | MEMORANDUM OF LAW in Support re: 65 MOTION for Settlement Notice of Motion for Preliminary Approval of Class Action Settlement. . Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 10/12/2021) |
| 67 | Oct 12, 2021 | View | DECLARATION of Timothy J. Peter in Support re: 65 MOTION for Settlement Notice of Motion for Preliminary Approval of Class Action Settlement.. Document filed by Adam Buxbaum, Steve Hesse. (Attachments: # 1 Exhibit A - Settlement Agreement, # 2 Exhibit B - Faruqi & Faruqi, LLP Firm Resume).(Peter, Timothy) (Entered: 10/12/2021) |
| 68 | Oct 12, 2021 | Request | DECLARATION of Aubry Wand in Support re: 65 MOTION for Settlement Notice of Motion for Preliminary Approval of Class Action Settlement.. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 10/12/2021) |
| 69 | Oct 12, 2021 | View | DECLARATION of Jeanne C. Finegan, APR in Support re: 65 MOTION for Settlement Notice of Motion for Preliminary Approval of Class Action Settlement.. Document filed by Adam Buxbaum, Steve Hesse. (Attachments: # 1 Exhibit 1 - Jeanne C. Finegan Credentials, # 2 Exhibit 2 - Kroll Settlement Administration CV).(Peter, Timothy) (Entered: 10/12/2021) |
| 70 | Oct 12, 2021 | View | DECLARATION of James R. Prutsman, MBA in Support re: 65 MOTION for Settlement Notice of Motion for Preliminary Approval of Class Action Settlement.. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 10/12/2021) |
| 71 | Oct 12, 2021 | View | PROPOSED ORDER. Document filed by Adam Buxbaum, Steve Hesse. Related Document Number: 65 ..(Peter, Timothy) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 10/12/2021) |
| Oct 13, 2021 | ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 71 Proposed Order was reviewed and approved as to form. (dt) (Entered: 10/13/2021) | ||
| 72 | Oct 26, 2021 | View | ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT:granting 65 MOTION for Settlement Notice of Motion for Preliminary Approval of Class Action Settlement. IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. Terms and phrases in this Order shall have the same meaning as ascribed to them in the Settlement Agreement, unless otherwise defined herein. 2. The Parties have moved the Court for an order preliminarily approving the Settlement of the Action in accordance with the Settlement Agreement, which, together with the documents incorporated therein, sets forth the terms and conditions for a proposed settlement and dismissal of the Action with prejudice, and the Court having read and considered the Settlement Agreement and having heard the Parties, hereby preliminarily approves the Settlement Agreement in its entirety, subject to the Final Approval Hearing referred to in Paragraph 33 of this Order. 3. This Court finds that it has jurisdiction over the subject matter of this Action and over all Parties to the Action. The Class Period is from January 31, 2015 through October 26, 2021. All Claim Forms must be postmarked or electronically submitted by February 23, 2022. 27. Any person falling within the definition of the Settlement Class may, upon valid and timely request, exclude himself or herself or "opt out" from the Settlement Class. Any such person may do so if, on or before March 7, 2022. 33. The Final Approval Hearing shall be held before this Court on March 28, 2022, 10:00 a.m. in Courtroom 906 at the Thurgood Marshal Courthouse, located at 40 Foley Square, New York, NY 10007. (And as further set forth herein.) IT IS SO ORDERED. (Signed by Judge Alison J. Nathan on 10/26/2021) (jca) (Entered: 10/26/2021) |
| Oct 26, 2021 | Set/Reset Hearings: Status Conference set for 3/28/2022 at 10:00 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (jca) (Entered: 10/26/2021) | ||
| 73 | Dec 28, 2021 | View | LETTER from Kristin Arntzen, non-party, Class Member ID 31213HGCXWGQQ dated 12/17/21 re: "ATTN: OBJECTIONS(PRO SE) HESSE, ET AL. V. GODIVA CHOCOLATIER, INC." - The reason for my Objection: I was currently beyond a mere consumer. I am a Godiva Rewards Account holder and contracted to be such per a set of Terms and Conditions I opted into under a guise that seems to pertain to the allegations of illegality revolving around what the Class Action seeks to resolve etc. (sc) (Entered: 12/29/2021) |
| 74 | Jan 26, 2022 | View | MOTION FOR AN EXTENSION OF THE OBJECTION DEADLINE & FAIRNESS HEARING BY CLASS MEMBER SHIYANG HUANG, re: Extension of Time to File Objection. Document filed by Shiyang Huang, a non-party. (sc) Modified on 1/26/2022 (sc). (Entered: 01/26/2022) |
| 75 | Jan 26, 2022 | Request | PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Shiyang Huang consents to receive electronic service via the ECF system. Document filed by Shiyang Huang.(sc) (Entered: 01/27/2022) |
| 76 | Jan 28, 2022 | Request | ORDER: The Court is in receipt of a motion to extend the objection deadline by a purported class member. Dkt. No. 74. The parties are hereby ORDERED to file a response to the motion on or before February 18, 2022. SO ORDERED. ( Responses due by 2/18/2022) (Signed by Judge Alison J. Nathan on 1/27/2022) (vfr) (Entered: 01/28/2022) |
| 77 | Jan 28, 2022 | Request | RESPONSE in Opposition to Motion re: 74 MOTION for Extension of Time to File. . Document filed by Adam Buxbaum, Steve Hesse..(Huot, Innessa) (Entered: 01/28/2022) |
| 78 | Jan 28, 2022 | Request | REPLY(Memorandum of Law)IN SUPPORT OF MOTION FOR AN EXTENSION OF OBJECTION DEADLINE & FAIRNESS HEARING BY CLASS MEMBER SHIYANG HUANG(Dkt #74) IN RESPONSE TO PLAINTIFFS' OPPOSITION ]Dkt. #77], re: 74 MOTION for Extension of Time to File. Document filed by Shiyang Huang, a non-party. (Attachments: # 1 Exhibit, # 2 Exhibit)(sc) (Entered: 01/31/2022) |
| 79 | Jan 31, 2022 | Request | ORDER denying 74 Motion for Extension of Time to File. The Court is in receipt of a motion to extend the objection deadline by a purported class member. Dkt. No. 74. Plaintiffs filed a response in opposition, and the purported class member filed a reply in support. Dkt. Nos. 77, 78. Assuming without deciding that Mr. Huang may properly file the motion, the Court DENIES the request to extend the objection deadline and adjourn the final approval hearing for the reasons stated in Plaintiffs' response. See Dkt. No. 77 at 3-4. This resolves Dkt. No. 74. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/31/2022) (vfr) (Entered: 01/31/2022) |
| 80 | Feb 21, 2022 | Request | MOTION for Settlement Motion for Final Approval of Class Action Settlement. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 02/21/2022) |
| 81 | Feb 21, 2022 | View | MEMORANDUM OF LAW in Support re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement. . Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 02/21/2022) |
| 82 | Feb 21, 2022 | Request | MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 02/21/2022) |
| 83 | Feb 21, 2022 | View | MEMORANDUM OF LAW in Support re: 82 MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards. . Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 02/21/2022) |
| 84 | Feb 21, 2022 | View | DECLARATION of Timothy J. Peter in Support re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement., 82 MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards.. Document filed by Adam Buxbaum, Steve Hesse. (Attachments: # 1 Exhibit A - Settlement Agreement, # 2 Exhibit B - 2020 Partner Compensation Survey, # 3 Exhibit C - 2018 Real Rate Report, # 4 Exhibit D - Faruqi Firm Resume, # 5 Exhibit E - Stipulation, # 6 Exhibit F - Dial Order, # 7 Exhibit G - Marty Final Order and Judgment, # 8 Exhibit H - Shalikar Order Granting Final Approval, # 9 Exhibit I - Broomfield Order).(Peter, Timothy) (Entered: 02/21/2022) |
| 85 | Feb 21, 2022 | Request | DECLARATION of Aubry Wand in Support re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement., 82 MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards.. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 02/21/2022) |
| 86 | Feb 21, 2022 | Request | DECLARATION of Jeanne C. Finegan, APR in Support re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement., 82 MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards.. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 02/21/2022) |
| 87 | Feb 21, 2022 | View | DECLARATION of Steve Hesse in Support re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement., 82 MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards.. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 02/21/2022) |
| 88 | Feb 21, 2022 | View | DECLARATION of Adam Buxbaum in Support re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement., 82 MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards.. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 02/21/2022) |
| 89 | Feb 21, 2022 | Request | DECLARATION of F. Paul Bland Jr. in Support re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement.. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 02/21/2022) |
| 90 | Feb 21, 2022 | View | PROPOSED ORDER. Document filed by Adam Buxbaum, Steve Hesse. Related Document Number: [80, 82]..(Peter, Timothy) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 02/21/2022) |
| 91 | Feb 21, 2022 | View | PROPOSED JUDGMENT. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) Proposed Judgment to be reviewed by Clerk's Office staff. (Entered: 02/21/2022) |
| Feb 22, 2022 | ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 90 Proposed Order was reviewed and approved as to form. (km) (Entered: 02/22/2022) | ||
| Feb 22, 2022 | ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. 91 Proposed Judgment was reviewed and approved as to form. (km) (Entered: 02/22/2022) | ||
| 92 | Feb 25, 2022 | View | OPPOSITION(Memorandum of Law) TO [Dkts. 80, 82], RULE 23(e)OBJECTIONS TO [Dkt.80] FINAL APPROVAL & [Dkt.82] MOTION FOR ATTORNEY'S FEE, COSTS & SERVICE AWARDS BY CLASS MEMBER SHIYANG HUANG, re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement., 82 MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards. Document filed by Shiyang Huang. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit).(sc) Modified on 2/28/2022 (sc). (Entered: 02/28/2022) |
| 93 | Mar 7, 2022 | View | RESPONSE in Opposition to Motion re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement., 82 MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards. . Document filed by Eli Lehrer..(St. John, Anna) (Entered: 03/07/2022) |
| 94 | Mar 7, 2022 | Request | DECLARATION of Eli Lehrer in Opposition re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement., 82 MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards.. Document filed by Eli Lehrer..(St. John, Anna) (Entered: 03/07/2022) |
| 95 | Mar 7, 2022 | View | DECLARATION of Theodore H. Frank in Opposition re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement., 82 MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards.. Document filed by Eli Lehrer..(St. John, Anna) (Entered: 03/07/2022) |
| 96 | Mar 7, 2022 | View | DECLARATION of Anna St. John in Opposition re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement., 82 MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards.. Document filed by Eli Lehrer..(St. John, Anna) (Entered: 03/07/2022) |
| 97 | Mar 7, 2022 | View | NOTICE of Intent to Appear re: 95 Declaration in Opposition to Motion, 94 Declaration in Opposition to Motion, 93 Response in Opposition to Motion, 96 Declaration in Opposition to Motion,. Document filed by Eli Lehrer..(St. John, Anna) (Entered: 03/07/2022) |
| 98 | Mar 8, 2022 | View | LETTER addressed to Judge Alison J. Nathan from Florida Attorney General Ashley Moody, Ohio Attorney General Dave Yost, Maryland Attorney General Brian E. Frosh, Utah Attorney General Sean D. Reyes, Idaho Attorney General Lawrence Wasden, New Jersey Attorney General Matthew J. Platkin dated 3/7/2022 re: Pursuant to Rule 23(e)(5)(A) of the Federal Rules of Civil Procedures and 28 U.S.C. ?? 1715, the Attorneys General of Florida, Idaho, Maryland, New Jersey, Ohio, and Utah ("Attorneys General"), on behalf of the purchasers of Godiva chocolate products in our States, write to address several issues that have come to our attention regarding the proposed settlement. The Attorneys General provide this letter as the "appropriate state official" entitled to notice of the proposed settlement. 28 U.S.C. ?? 1715(a)(2); see also S. REP. 109-14 5, 2005 U.S.C.C.A.N. 3, 6 (notice of class action settlements provided to state officials "so that they may voice concerns if they believe settlement is not in best interests of their citizens."). (vfr) (Entered: 03/08/2022) |
| 99 | Mar 10, 2022 | Request | NOTICE OF APPEARANCE by Anna St. John on behalf of Eli Lehrer..(St. John, Anna) (Entered: 03/10/2022) |
| 100 | Mar 21, 2022 | Request | MOTION for Benjamin Heikali to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adam Buxbaum, Steve Hesse. (Attachments: # 1 Affidavit of Benjamin Heikali in Support of Plaintiffs' Motion for Mr. Heikali's Admission Pro Hac Vice, # 2 Certificate of Good Standing from the Supreme Court of California, # 3 Text of Proposed Order for Admission Pro Hac Vice).(Heikali, Benjamin) (Entered: 03/21/2022) |
| 101 | Mar 21, 2022 | View | REPLY to Response to Motion re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement., 82 MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards. Plaintiffs Response to Lehrer Objection. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 03/21/2022) |
| 102 | Mar 21, 2022 | Request | REPLY to Response to Motion re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement., 82 MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards. Plaintiffs Response to Huang Objection. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 03/21/2022) |
| 103 | Mar 21, 2022 | View | REPLY to Response to Motion re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement., 82 MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards. Plaintiffs' Response to Concerns of State Attorneys General Regarding the Proposed Settlement (ECF No. 98). Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 03/21/2022) |
| 104 | Mar 21, 2022 | Request | DECLARATION of Timothy J. Peter in Support re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement., 82 MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards.. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 03/21/2022) |
| 105 | Mar 21, 2022 | Request | DECLARATION of James R. Prutsman in Support re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement., 82 MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards.. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 03/21/2022) |
| 106 | Mar 21, 2022 | Request | REPLY to Response to Motion re: 80 MOTION for Settlement Motion for Final Approval of Class Action Settlement., 82 MOTION for Attorney Fees Motion for Attorneys' Fees and Costs and Class Representative Service Awards. Plaintiffs' Response to Arntzen Objection. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 03/21/2022) |
| 107 | Mar 21, 2022 | Request | RESPONSE re: 98 Letter,,,, 92 Memorandum of Law in Opposition,, . Document filed by Godiva Chocolatier, Inc.. (Attachments: # 1 Exhibit A).(Hopkins, Dennis) (Entered: 03/21/2022) |
| 108 | Mar 22, 2022 | View | ADMINISTRATIVE MOTION FOR LEAVE TO SUBMIT 'SUR-REPLY' TO PLAINTIFFS' OMNIBUS 50-PAGE REPLY BRIEF REGARDING OBJECTORS' STANDING TO CHALLENGE THE SETTLEMENT. Document filed by Shiyang Huang.(sc) (Entered: 03/22/2022) |
| Mar 22, 2022 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 100 MOTION for Benjamin Heikali to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) (Entered: 03/22/2022) | ||
| 109 | Mar 22, 2022 | Request | MEMO ENDORSEMENT on ADMINISTRATIVE MOTION FOR LEAVE TO SUBMIT SUR-REPLY TO PLAINTIFFS' OMNIBUS 50-PAGE REPLY BRIEFS REGARDING OBJECTORS' STANDING TO CHALLENGE THE SETTLEMENT granting 108 Motion for Leave to File Document. ENDORSEMENT: The motion for leave to submit a sur-reply is GRANTED. SO ORDERED.. (Signed by Judge Alison J. Nathan on 3/22/2022) (ks) (Entered: 03/22/2022) |
| 110 | Mar 23, 2022 | Request | ORDER granting 100 Motion for Benjamin Heikali to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi) (Entered: 03/23/2022) |
| 111 | Mar 24, 2022 | Request | JOINT LETTER addressed to Judge Alison J. Nathan from Timothy J. Peter & David Biderman dated March 24, 2022 re: Final Approval Hearing. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 03/24/2022) |
| 112 | Mar 24, 2022 | Request | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Carrie Akinaka to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25912571. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Godiva Chocolatier, Inc.. (Attachments: # 1 Declaration of Carrie Akinaka, # 2 Certificate of Good Standing, # 3 Proposed Order).(Akinaka, Carrie) Modified on 3/25/2022 (aea). (Entered: 03/24/2022) |
| 113 | Mar 25, 2022 | View | MEMO ENDORSEMENT on re: 111 Letter filed by Adam Buxbaum, Steve Hesse. ENDORSEMENT: The final approval hearing will take place as scheduled on March 28, 2022, at 10:00 a.m. However, it will now take place in Courtroom 12A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY. It will no longer be held in Courtroom 906 of the Thurgood Marshall Courthouse as previously scheduled. SO ORDERED. ( Status Conference set for 3/28/2022 at 10:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 3/25/2022) (vfr) (Entered: 03/25/2022) |
| Mar 25, 2022 | >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 113 Memo Endorsement, Set Hearings. The filing is deficient for the following reason(s): The Certificate of Service is not signed;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea) (Entered: 03/25/2022) | ||
| 114 | Mar 25, 2022 | Request | LETTER addressed to Judge Alison J. Nathan from S. Huang, dated 3/25/22 re: In light of Plaintiffs' and Defendants' 3/24/22 letter, however, this Court has ordered an in-person hearing(Dkt. 113). Thus, Objector Shiyang Huang writes under Chamber Rules 1.A to request an opportunity to speak telephonically during the 3/28/22 fairness hearing. He can be reached at the number 314/669-1858 for the duration of the hearing, if a conference line is not required. Document filed by Eli Lehrer.(sc) (Entered: 03/25/2022) |
| 115 | Mar 25, 2022 | Request | MOTION for Carrie Akinaka to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Godiva Chocolatier, Inc.. (Attachments: # 1 Declaration of Carrie Akinaka in Support, # 2 Certificate of Good Standing, # 3 Proposed Order).(Akinaka, Carrie) (Entered: 03/25/2022) |
| Mar 25, 2022 | NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Alison J. Nathan is no longer assigned to the case. (aea) (Entered: 03/25/2022) | ||
| 116 | Mar 25, 2022 | Request | ORDER: The Court is in receipt of Mr. Huang's request to attend the fairness hearing by telephone. (Dkt. No. 114.) Although the Court made clear in its October 26, 2021 order granting preliminary approval of the class action settlement that the fairness hearing would be held "in Courtroom 906 at the Thurgood Marshall Courthouse, located at 40 Foley Square, New York, NY 10007 (dkt. no. 72 at 15), and although the Court today relocated the hearing across the street to Courtroom 12A at 500 Pearl Street, New York, NY (dkt. no. 113), given the circumstances the Court will permit Mr. Huang to attend the fairness hearing by telephone. The Court's deputy will contact Mr. Huang at the telephone number provided shortly before the hearing begins. The Court notes that the hearing is open to the public but public access by telephone will not be available. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/25/2022) (tg) (Entered: 03/25/2022) |
| 117 | Mar 28, 2022 | Request | ORDER GRANTING PRO HAC VICE ADMISSION OF CARRIE AKINAKA granting 115 Motion for Carrie Akinaka to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 3/28/2022) (va) (Entered: 03/28/2022) |
| Mar 28, 2022 | Minute Order Proceedings held before Judge Loretta A. Preska: Fairness Hearing held on 3/28/2022. (Court Reporter Eve Giniger.) (mph) (Entered: 03/28/2022) | ||
| Mar 28, 2022 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 115 MOTION for Carrie Akinaka to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) (Entered: 03/28/2022) | ||
| 118 | Apr 4, 2022 | Request | JOINT LETTER addressed to Judge Loretta A. Preska from Timothy J. Peter & Dennis C. Hopkins dated April 4, 2022 re: Proposed Cy Pres Recipients. Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 04/04/2022) |
| 119 | Apr 4, 2022 | Request | DECLARATION of Laura Brett re: 118 Letter . Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 04/04/2022) |
| 120 | Apr 4, 2022 | Request | DECLARATION of Peter Lurie re: 118 Letter . Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 04/04/2022) |
| 121 | Apr 4, 2022 | Request | DECLARATION of Richard Dubois re: 118 Letter . Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 04/04/2022) |
| 122 | Apr 5, 2022 | View | LETTER addressed to Judge Loretta A. Preska from Benjamin Heikali dated April 5, 2022 re: Clarification on Fee Award and Final Approval Order. Document filed by Adam Buxbaum, Steve Hesse..(Heikali, Benjamin) (Entered: 04/05/2022) |
| 123 | Apr 6, 2022 | View | MEMO ENDORSEMENT on re: 122 Letter filed by Adam Buxbaum, Steve Hesse. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 4/6/2022) (mml) (Entered: 04/06/2022) |
| 124 | Apr 11, 2022 | Request | FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#129) LETTER addressed to Judge Loretta A. Preska from Objector Eli Lehrer dated 4/11/2022 re: Proposed Cy Pre Recipients. Document filed by Eli Lehrer..(St. John, Anna) Modified on 4/12/2022 (lb). (Entered: 04/11/2022) |
| 125 | Apr 11, 2022 | Request | DECLARATION of Eli Lehrer in Support re: 124 Letter. Document filed by Eli Lehrer..(St. John, Anna) (Entered: 04/11/2022) |
| 126 | Apr 11, 2022 | Request | LETTER addressed to Judge Loretta A. Preska from Benjamin Heikali dated April 11, 2022 re: Revised Final Approval Order. Document filed by Adam Buxbaum, Steve Hesse..(Heikali, Benjamin) (Entered: 04/11/2022) |
| 127 | Apr 11, 2022 | Request | PROPOSED ORDER. Document filed by Adam Buxbaum, Steve Hesse..(Heikali, Benjamin) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 04/11/2022) |
| 128 | Apr 11, 2022 | Request | LETTER addressed to Judge Loretta A. Preska from S. Huang, dated 4/11/22 re: Objector Shiyang Huang responds to Class Counsel's proposed cy pres recipients. Huang opposes CSPI as a recipient, because CSPI's litigation department is practically a plaintiff's lawfirm, frequently representing plaintiffs in class action lawsuits etc. Huang opposes National Consurmers Law Center as a recipient because it policy position supports full cy pres settlements against Huang's position etc. Document filed by Shiyang Huang. (Attachments: # 1 Exhibit)(sc) (Entered: 04/12/2022) |
| Apr 12, 2022 | ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 127 Proposed Order was reviewed and approved as to form. (km) (Entered: 04/12/2022) | ||
| 129 | Apr 12, 2022 | Request | LETTER addressed to Judge Loretta A. Preska from Objector Eli Lehrer dated 4/11/2022 re: Proposed Cy Pre Recipients. Document filed by Eli Lehrer..(St. John, Anna) (Entered: 04/12/2022) |
| 130 | Apr 12, 2022 | Request | RESPONSE re: 129 Letter, 128 Letter,, 124 Letter . Document filed by Adam Buxbaum, Steve Hesse..(Heikali, Benjamin) (Entered: 04/12/2022) |
| 131 | Apr 12, 2022 | Request | DECLARATION of Aubry Wand in Support re: 130 Response. Document filed by Adam Buxbaum, Steve Hesse..(Heikali, Benjamin) (Entered: 04/12/2022) |
| 132 | Apr 12, 2022 | Request | TRANSCRIPT of Proceedings re: CONFERENCE held on 3/28/2022 before Judge Loretta A. Preska. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. 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 5/3/2022. Redacted Transcript Deadline set for 5/13/2022. Release of Transcript Restriction set for 7/11/2022..(Moya, Goretti) (Entered: 04/12/2022) |
| 133 | Apr 12, 2022 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/28/22 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....(Moya, Goretti) (Entered: 04/12/2022) |
| 134 | Apr 19, 2022 | Request | LETTER addressed to Judge Loretta A. Preska from Laura Brett, Vice President of the National Advertising Division, BBB National Programs dated 4/19/22 re: Even prior to the 2019 separation of the Council of Better Business Bureaus(CBBB) into two legal entities, the National Advertising Division(NAD) was subject to oversight by a separate board, the Advertising Self-Regulatory Review Council, a structure designed to maintain the independence of the advertising self-regulatory programs from the business interests of local BBBs. Regardless of their accuracy or inaccuracy, the articles the objector cites are unrelated to BBB National Programs National Advertising Division etc. (sc) (Entered: 04/19/2022) |
| 135 | Apr 20, 2022 | View | ORDER granting 80 Motion for Settlement; granting 82 Motion for Attorney Fees. Accordingly, the Court finds that the Settlement is fair, reasonable, and adequate. The Settlement is hereby finally approved in all respects, and the Court certifies the following Settlement Class: All Persons who purchased any Godiva Chocolate Product in the United States during the Class Period. Excluded from the Settlement Class are: (a) Godiva and any of its parents', affiliates', or subsidiaries' employees, officers and directors, (b) distributors, retailers or re-sellers of Godiva Chocolate Products, (c) governmental entities, (d) the Court, the Court's immediate family, Court staff; (e) the mediator and her staff and immediate family; (f) counsel of record for the Parties, and their respective law firms; and (g) all Persons who timely and properly exclude themselves from the Settlement Class. The Class Period is from January 31, 2015 through October 26, 2021. Godiva Chocolate Product means any product manufactured and sold by Godiva, or sold under the Godiva brand, which contains chocolate. The Court appoints Plaintiffs as representatives of the Class and Faruqi & Faruqi LLP and the Wand Law Firm, P.C. as counsel for the Class. The Parties are hereby directed to further implement the Settlement Agreement according to its terms and provisions consistent with this Order. The Settlement Agreement is hereby incorporated into this Final Approval Order in full and shall have the full force of an Order of this Court. Kroll is authorized and directed to issue Settlement Benefits to Settlement Class Members who submitted timely and valid Claim Forms in accordance with the terms of the Settlement Agreement. Any funds that are validly claimed but not negotiated by Settlement Class Members within the timeframe set forth in the Settlement Agreement shall be paid to NCLC. The Court approves and awards: (1) attorneys' fees and expenses in the amount of $2,850,000, and (2) a Class Representative Service Award of $2,500 to each of the two named Plaintiffs. These payments shall be paid by Godiva to Plaintiffs and Class Counsel in accordance with the terms of the Settlement Agreement. As further set forth in this order. Upon the Effective Date of this Final Approval Order, and the Final Judgment to be entered hereon, this Action shall be dismissed on the merits and with prejudice. Without affecting the finality of this Final Approval Order, and the Final Judgment to be entered hereon, for purposes of appeal, Court shall retain jurisdiction over all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement. IT IS SO ORDERED.. (Signed by Judge Loretta A. Preska on 4/20/2022) (ks) (Entered: 04/20/2022) |
| 136 | Apr 20, 2022 | Request | CLASS MEMBER SHIYANG HUANG'S MOTION FOR AN OBJECTOR AWARD. Document filed by Shiyang Huang. (Attachments: # 1 Exhibit)(sc) (Entered: 04/21/2022) |
| 137 | Apr 29, 2022 | Request | MEMORANDUM OF LAW in Opposition re: 136 MOTION FOR AN OBJECTOR AWARD. . Document filed by Adam Buxbaum, Steve Hesse..(Peter, Timothy) (Entered: 04/29/2022) |
| 138 | Apr 29, 2022 | Request | DECLARATION of Aubry Wand in Opposition re: 136 MOTION FOR AN OBJECTOR AWARD.. Document filed by Adam Buxbaum, Steve Hesse. (Attachments: # 1 Exhibit A - Email Thread between Class Counsel and Mr. Huang, # 2 Exhibit B - Order from In Re Lithium Ion Batteries Antitrust Litigation, # 3 Exhibit C - Email from Mr. Huang to Laura Brett, # 4 Exhibit D - Emails from Mr. Huang Demanding Copies of Unpublished Electronic Opinions, # 5 Exhibit E - Plaintiffs' Opposition to Mr. Huang's Motion for Objector Award from In re Optical Disk Drive Products Antitrust Litigation).(Peter, Timothy) (Entered: 04/29/2022) |
| 139 | May 2, 2022 | Request | ORDER with respect to 136 Motion re: 136 MOTION FOR AN OBJECTOR AWARD. The Court is in receipt of the enclosed undocketed letter from Objector Shiyang Huang seeking guidance with respect to his failure to seek a pre-motion conference in advance of his motion for an objector award. (See Dkt. No. 136.) Mr. Huang may continue briefing and file a reply if he wishes. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/2/2022) (va) (Entered: 05/02/2022) |
| 140 | May 2, 2022 | Request | LETTER addressed to Judge Loretta A. Preska from S. Huang, dated 5/2/22 re: I write to address my inadvertent failure to comply with this Court's requirement that "for motions other than discovery motions, a pre-motion conference with the Court is required before making any motion etc." I read Judge Nathan's chamber rules but failed to re-do after the case was re-assigned to this Court etc. Though I repeatedly attempted to confer with opposing counsel via E-mail as a standard courtesy, that was not this Court's specific requirement; and I sincerely apologize for such lack of oversight which fell short of the rules etc. Document filed by Shiyang Huang.(sc) (Entered: 05/02/2022) |
| 141 | May 2, 2022 | Request | OBJECTOR SHIYANG HUANG'S REPLY(Memorandum of Law)FOR AN OBJECTOR AWARD, re: 136 MOTION FOR AN OBJECTOR AWARD.. Document filed by Shiyang Huang. (sc) (Entered: 05/02/2022) |