Michael L. Braunstein AWS
Case 1:16-cv-08532-KBF Case 18-615, Document Doc #: 40 1-2, Filed 03/05/2018, 03/05/18 2250112, Page 1Page1 of 2 Page of 8 ID #: 190
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Case No.: 16-cv-8532 ALEXA BORENKOFF, On Behalf of Herself, and All Others Similarly Situated, Plaintiff,
NOTICE OF APPEAL
-againstBUFFALO WILD WINGS, INC., and BLAZIN WINGS, INC., Defendants.
Notice is hereby given that the following parties: Alexa Borenkoff, On Behalf of Herself, in the above-named case appeal to the United States Court of Appeals for the Second Circuit from the Opinion and Order entered on: January 19, 2018 that: granted defendants’ motion to dismiss Plaintiff’s first amended complaint and dismissed Plaintiff’s first amended complaint.
Dated: February 16, 2018
THE BRAUNSTEIN LAW FIRM, PLLC /s/ Michael L. Braunstein Michael L. Braunstein 3 Eberling Drive New City, New York 10956 (845) 499-2198 By:
Case 1:16-cv-08532-KBF Case 18-615, Document Doc #: 40 1-2, Filed 03/05/2018, 03/05/18 2250112, Page 2Page2 of 2 Page of 8 ID #: 191
CERTIFICATE OF SERVICE I certify that copies of the foregoing document were served by ECF on all counsel of record on February 16, 2018.
By:
/s/ Michael L. Braunstein Michael L. Braunstein
Case: Case 1:16-cv-08532-KBF 18-615, Document 1-2, As of: 03/05/2018, 03/05/20182250112, 01:05 PMPage3 EST of1 8of 6 CLOSED,APPEAL,ECF
U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:16−cv−08532−KBF Borenkoff v. Buffalo Wild Wings, Inc. Assigned to: Judge Katherine B. Forrest Cause: 28:1332dtp Diversity − Deceptive Trade Practices
Date Filed: 11/02/2016 Date Terminated: 01/19/2018 Jury Demand: Plaintiff Nature of Suit: 370 Other Fraud Jurisdiction: Diversity
Plaintiff Alexa Borenkoff On behalf of herself and all others similarly situated
represented by Michael Louis Braunstein Kantrowitz Goldhamer & Graifman, P.C. 747 Chestnut Ridge Road Chestnut Ridge, NY 10977 (845)−356−2570 Fax: (845)−356−4335 Email: [email protected] ATTORNEY TO BE NOTICED
V. Defendant Buffalo Wild Wings, Inc.
represented by Francis X. Riley , III Saul Ewing LLP (NJ) 650 College Road East Princeton, NJ 08540 (609) 452−3150 Fax: (609) 514−3744 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Ryan Lawrence Diclemente Saul Ewing LLP 650 College Road East Princeton, NJ 08540 (609)−452−5057 Fax: (609)−452−6117 Email: [email protected] ATTORNEY TO BE NOTICED
Defendant Blazin Wings, Inc.
represented by Francis X. Riley , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ryan Lawrence Diclemente (See above for address) ATTORNEY TO BE NOTICED
Date Filed 11/02/2016
#
Docket Text
1 FILING ERROR − WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY − COMPLAINT against Buffalo Wild Wings, Inc.. (Filing Fee $ 400.00, Receipt Number 0208−12942712)Document filed by Alexa Borenkoff.(Braunstein, Michael) Modified on 11/3/2016 (vf). (Entered: 11/02/2016)
Case: Case 1:16-cv-08532-KBF 18-615, Document 1-2, As of: 03/05/2018, 03/05/20182250112, 01:05 PMPage4 EST of2 8of 6 11/02/2016
2 COMPLAINT against Buffalo Wild Wings, Inc.. (Filing Fee $ 400.00, Receipt Number 0208−12942783)Document filed by Alexa Borenkoff.(Braunstein, Michael) (Entered: 11/02/2016)
11/02/2016
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Michael Louis Braunstein. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) (Entered: 11/03/2016)
11/02/2016
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Louis Braunstein. The party information for the following party/parties has been modified: Alexa Borenkoff, Buffalo Wild Wings, Inc. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf) (Entered: 11/03/2016)
11/02/2016
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Louis Braunstein. The following case opening statistical information was erroneously selected/entered: Cause of Action code Blank; Citizenship Defendant code 2 (Citizen of Another State); County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332dtp Diversity − Deceptive Trade Practices; the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business−Other State); the County code has been modified to Rockland. (vf) (Entered: 11/03/2016)
11/02/2016
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above−entitled action is assigned to Judge Vincent L. Briccetti. 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. (vf) (Entered: 11/03/2016)
11/02/2016
Magistrate Judge Lisa M. Smith is so designated. (vf) (Entered: 11/03/2016)
11/02/2016
Case Designated ECF. (vf) (Entered: 11/03/2016)
11/08/2016
3 CIVIL COVER SHEET filed. (Braunstein, Michael) (Entered: 11/08/2016)
11/16/2016
4 FILING ERROR − DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to BUFFALO WILD WINGS, INC., re: 2 Complaint. Document filed by Alexa Borenkoff. (Braunstein, Michael) Modified on 11/17/2016 (sj). (Entered: 11/16/2016)
11/16/2016
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE−FILE Document No. 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form. Re−file the document using the event type Request for Issuance of Summons found under the event list Service of Process − select the correct filer/filers − and attach the correct summons form PDF. (sj) (Entered: 11/17/2016)
11/22/2016
5 REQUEST FOR ISSUANCE OF SUMMONS as to Buffalo Wild Wings, Inc., re: 2 Complaint. Document filed by Alexa Borenkoff. (Braunstein, Michael) (Entered: 11/22/2016)
01/11/2017
6 WAIVER OF SERVICE RETURNED EXECUTED. Buffalo Wild Wings, Inc. waiver sent on 1/9/2017, answer due 3/10/2017. Document filed by Alexa Borenkoff. (Braunstein, Michael) (Entered: 01/11/2017)
01/26/2017
7 NOTICE OF APPEARANCE by Francis X. Riley, III on behalf of Buffalo Wild Wings, Inc.. (Riley, Francis) (Entered: 01/26/2017)
01/26/2017
8 NOTICE OF APPEARANCE by Ryan Lawrence Diclemente on behalf of Buffalo Wild Wings, Inc.. (Diclemente, Ryan) (Entered: 01/26/2017)
Case: Case 1:16-cv-08532-KBF 18-615, Document 1-2, As of: 03/05/2018, 03/05/20182250112, 01:05 PMPage5 EST of3 8of 6 03/10/2017
9 MOTION to Dismiss Plaintiff's Complaint. Document filed by Buffalo Wild Wings, Inc.. (Attachments: # 1 Text of Proposed Order)(Diclemente, Ryan) (Entered: 03/10/2017)
03/10/2017
10 MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Buffalo Wild Wings, Inc.. (Diclemente, Ryan) (Entered: 03/10/2017)
03/10/2017
11 DECLARATION of Ryan L. DiClemente, Esq. in Support re: 9 MOTION to Dismiss Plaintiff's Complaint.. Document filed by Buffalo Wild Wings, Inc.. (Diclemente, Ryan) (Entered: 03/10/2017)
03/10/2017
12 CERTIFICATE OF SERVICE of Motion Dismiss Complaint served on All Attorneys in the Record on 03/10/2017. Service was accepted by ECF. Document filed by Buffalo Wild Wings, Inc.. (Diclemente, Ryan) (Entered: 03/10/2017)
03/13/2017
13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Buffalo Wild Wings, Inc..(Diclemente, Ryan) (Entered: 03/13/2017)
03/15/2017
14 ORDER re: 9 MOTION to Dismiss Plaintiff's Complaint, filed by Buffalo Wild Wings, Inc. The Court sua sponte grants plaintiff leave to file an amended complaint. Accordingly, it is hereby ORDERED that, by no later than March 20, 2017, plaintiff must notify the Court by letter, with copies simultaneously delivered to defendant's counsel, whether (i) she intends to file an amended complaint, or (ii) she will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion to dismiss will proceed in the regular course and, absent special circumstances, no further opportunities to amend will be granted. The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, she must file the amended complaint by no later than 14 days after notifying the Court of her intent to do so. Defendant may then either (i) file an answer to the amended complaint, (ii) file a motion to dismiss the amended complaint, or (iii) notify the Court by letter, with copies simultaneously delivered to plaintiff's counsel, that it is relying on the initially filed motion to dismiss. If defendant chooses to file an answer to or a motion to dismiss the amended complaint, the time to do so shall he governed by the Federal Rules of Civil Procedure, unless otherwise ordered by the Court. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/13/17) (yv) (Entered: 03/15/2017)
03/20/2017
15 LETTER addressed to Judge Vincent L. Briccetti from Michael Braunstein dated March 20, 2017 re: Amending Complaint. Document filed by Alexa Borenkoff.(Braunstein, Michael) (Entered: 03/20/2017)
03/21/2017
16 MEMO ENDORSEMENT on re: 15 Letter request to Amend Complaint filed by Alexa Borenkoff. ENDORSEMENT: The amended complaint shall be filed by 4/3/2017. ( Amended Pleadings due by 4/3/2017.) (Signed by Judge Vincent L. Briccetti on 3/20/2017) (rj) (Entered: 03/21/2017)
04/03/2017
17 FIRST AMENDED COMPLAINT amending 2 Complaint against Buffalo Wild Wings, Inc., Blazin Wings, Inc. with JURY DEMAND.Document filed by Alexa Borenkoff. Related document: 2 Complaint filed by Alexa Borenkoff.(Braunstein, Michael) (Entered: 04/03/2017)
04/11/2017
18 LETTER addressed to Judge Vincent L. Briccetti from Ryan L. DiClemente, Esq. dated 04/11/2017 re: BWW intends to file a new Motion to Dismiss Plaintiff's Amended Complaint. Document filed by Buffalo Wild Wings, Inc..(Diclemente, Ryan) (Entered: 04/11/2017)
04/11/2017
19 ORDER terminating 9 Motion to Dismiss: Defendant's 3/10/2017 motion to dismiss the complaint (Doc. #9) is terminated as moot. (See Doc. #18). (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) (Entered: 04/11/2017)
04/12/2017
20 NOTICE OF APPEARANCE by Francis X. Riley, III on behalf of Blazin Wings, Inc.. (Riley, Francis) (Entered: 04/12/2017)
Case: Case 1:16-cv-08532-KBF 18-615, Document 1-2, As of: 03/05/2018, 03/05/20182250112, 01:05 PMPage6 EST of4 8of 6 04/12/2017
21 NOTICE OF APPEARANCE by Ryan Lawrence Diclemente on behalf of Blazin Wings, Inc.. (Diclemente, Ryan) (Entered: 04/12/2017)
04/12/2017
22 LETTER MOTION for Extension of Time to File Answer re: 17 Amended Complaint addressed to Judge Vincent L. Briccetti from Ryan L. DiClemente, Esq. dated 04/12/2017. Document filed by Blazin Wings, Inc., Buffalo Wild Wings, Inc..(Diclemente, Ryan) (Entered: 04/12/2017)
04/12/2017
23 ORDER granting 22 Letter Motion for Extension of Time to Answer: All Defendants' time to answer, move, or otherwise respond to amended complaint extended to 4/24/2017. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) (Entered: 04/12/2017)
04/24/2017
24 MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by Blazin Wings, Inc., Buffalo Wild Wings, Inc.. (Attachments: # 1 Text of Proposed Order)(Diclemente, Ryan) (Entered: 04/24/2017)
04/24/2017
25 MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Blazin Wings, Inc., Buffalo Wild Wings, Inc.. (Diclemente, Ryan) (Entered: 04/24/2017)
04/24/2017
26 DECLARATION of Ryan L. DiClemente, Esq. in Support re: 24 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Blazin Wings, Inc., Buffalo Wild Wings, Inc.. (Diclemente, Ryan) (Entered: 04/24/2017)
04/24/2017
27 CERTIFICATE OF SERVICE of Motion Dismiss Amended Complaint served on All Attorneys in the Record on 04/24/2017. Service was accepted by ECF. Document filed by Blazin Wings, Inc., Buffalo Wild Wings, Inc.. (Diclemente, Ryan) (Entered: 04/24/2017)
05/04/2017
28 FIRST LETTER MOTION for Extension of Time to File Response/Reply Motion to Dismiss addressed to Judge Vincent L. Briccetti from Michael Braunstein dated May 4, 2017. Document filed by Alexa Borenkoff.(Braunstein, Michael) (Entered: 05/04/2017)
05/04/2017
29 ORDER granting 28 Letter Motion for Extension of Time to File Response/Reply: Plaintiff's opposition to defendants' motion to dismiss is due 5/22/2017. Defendants' reply is due 6/5/2017. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) (Entered: 05/04/2017)
05/22/2017
30 FIRST MEMORANDUM OF LAW in Opposition re: 24 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Alexa Borenkoff. (Attachments: # 1 Exhibit declaration)(Braunstein, Michael) (Entered: 05/22/2017)
06/05/2017
31 REPLY MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Blazin Wings, Inc., Buffalo Wild Wings, Inc.. (Riley, Francis) (Entered: 06/05/2017)
06/05/2017
32 CERTIFICATE OF SERVICE of Reply Memorandum of Law in Furhter Support of Motion to Dismiss Amended Complaint served on All Attorneys in the record on 06/05/2017. Service was accepted by ECF. Document filed by Blazin Wings, Inc., Buffalo Wild Wings, Inc.. (Riley, Francis) (Entered: 06/05/2017)
09/26/2017
NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Vincent L. Briccetti is no longer assigned to the case. (ma) (Entered: 09/26/2017)
09/26/2017
Magistrate Judge Kevin Nathaniel Fox is so redesignated. (ma) (Entered: 09/26/2017)
01/19/2018
33 OPINION AND ORDER: re: 24 MOTION to Dismiss Plaintiff's Amended Complaint filed by Blazin Wings, Inc., Buffalo Wild Wings, Inc. For the reasons stated above, the Court hereby GRANTS defendants' motion to dismiss at ECF No. 24. Plaintiff's first amended complaint at ECF No. 17 is DISMISSED. The Clerk of Court is directed to terminate this action. SO ORDERED. (Signed by Judge Katherine B. Forrest on 1/19/2018) (ama) (Entered: 01/19/2018)
01/19/2018
Transmission to Judgments and Orders Clerk. Transmitted re: 33 Memorandum & Opinion,, to the Judgments and Orders Clerk. (ama) (Entered: 01/19/2018)
Case: Case 1:16-cv-08532-KBF 18-615, Document 1-2, As of: 03/05/2018, 03/05/20182250112, 01:05 PMPage7 EST of5 8of 6 01/19/2018
34 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated January 19, 2018, Defendants' motion to dismiss is granted. Plaintiff's First Amended Complaint is dismissed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/19/2018) (Attachments: # 1 Right to Appeal)(km) (Entered: 01/19/2018)
01/25/2018
35 LETTER addressed to Judge Vincent L. Briccetti from Royce Corley, dated 1/25/18 re: Non−party Royce Corley requests that the Court issue an order to add him as a plaintiff to this class action, since neither class counsel or lead plaintiff has responded to his letters and emails. Document filed by Alexa Borenkoff.(sc) (Entered: 01/29/2018)
02/05/2018
36 ORDER: The Court is in receipt of a letter from a non−party seeking "an order to add [him] as a Plaintiff to this class−action, or any other appropriate order to preserve [his] rights in the above−entitled action." (ECF No. 35.) The Court notes that no class was ever certified in this action, and further that the complaint was dismissed by Opinion & Order dated January 19, 2018. (ECF No. 33.) Accordingly, no action is warranted on the letter at ECF No. 35. SO ORDERED. (Signed by Judge Katherine B. Forrest on 2/05/2018) Copies Mailed By Chambers. (ama) (Entered: 02/05/2018)
02/16/2018
37 FILING ERROR − NO ORDER/JUDGMENT SELECTED FOR APPEAL − FIRST NOTICE OF APPEAL. Document filed by Alexa Borenkoff. Filing fee $ 505.00, receipt number 0208−14712269. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Braunstein, Michael) Modified on 2/16/2018 (nd). (Entered: 02/16/2018)
02/16/2018
02/16/2018
02/16/2018
02/20/2018
***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Braunstein, Michael to RE−FILE Document No. 37 Notice of Appeal.. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected;. Re−file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents − attach the correct signed PDF − select the correct named filer/filers − select the correct order/judgment being appealed. (nd) (Entered: 02/16/2018) 38 FILING ERROR − NO ORDER/JUDGMENT SELECTED FOR APPEAL − FIRST CORRECTED NOTICE OF APPEAL re: 37 Notice of Appeal,. Document filed by Alexa Borenkoff. (Braunstein, Michael) Modified on 2/16/2018 (nd). (Entered: 02/16/2018) ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Braunstein, Michael to RE−FILE Document No. 38 Corrected Notice of Appeal.. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected;. Re−file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents − attach the correct signed PDF − select the correct named filer/filers − select the correct order/judgment being appealed. (nd) (Entered: 02/16/2018) 39 FILING ERROR − NO ORDER SELECTED FOR APPEAL − FIRST CORRECTED NOTICE OF APPEAL re: 37 Notice of Appeal,. Document filed by Alexa Borenkoff. (Braunstein, Michael) Modified on 2/20/2018 (tp). (Entered: 02/20/2018)
02/20/2018
***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Braunstein, Michael to RE−FILE Document No. 39 Corrected Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re−file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents − attach the correct signed PDF − select the correct named filer/filers − select the correct order/judgment being appealed. (tp) (Entered: 02/20/2018)
03/05/2018
40 FIRST CORRECTED NOTICE OF APPEAL re: 37 Notice of Appeal, 33 Memorandum & Opinion,. Document filed by Alexa Borenkoff. (Braunstein, Michael) (Entered: 03/05/2018)
03/05/2018
Appeal Fee Paid electronically via Pay.gov: for 40 Corrected Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number 0208−14712269, paid on 2/16/2018. (tp) (Entered: 03/05/2018)
Case: Case 1:16-cv-08532-KBF 18-615, Document 1-2, As of: 03/05/2018, 03/05/20182250112, 01:05 PMPage8 EST of6 8of 6 03/05/2018
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 40 Corrected Notice of Appeal. (tp) (Entered: 03/05/2018)
03/05/2018
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 40 Corrected Notice of Appeal filed by Alexa Borenkoff were transmitted to the U.S. Court of Appeals. (tp) (Entered: 03/05/2018)
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Case No.: 16-cv-8532 ALEXA BORENKOFF, On Behalf of Herself, and All Others Similarly Situated, Plaintiff,
NOTICE OF APPEAL
-againstBUFFALO WILD WINGS, INC., and BLAZIN WINGS, INC., Defendants.
Notice is hereby given that the following parties: Alexa Borenkoff, On Behalf of Herself, in the above-named case appeal to the United States Court of Appeals for the Second Circuit from the Opinion and Order entered on: January 19, 2018 that: granted defendants’ motion to dismiss Plaintiff’s first amended complaint and dismissed Plaintiff’s first amended complaint.
Dated: February 16, 2018
THE BRAUNSTEIN LAW FIRM, PLLC /s/ Michael L. Braunstein Michael L. Braunstein 3 Eberling Drive New City, New York 10956 (845) 499-2198 By:
Case 1:16-cv-08532-KBF Case 18-615, Document Doc #: 40 1-2, Filed 03/05/2018, 03/05/18 2250112, Page 2Page2 of 2 Page of 8 ID #: 191
CERTIFICATE OF SERVICE I certify that copies of the foregoing document were served by ECF on all counsel of record on February 16, 2018.
By:
/s/ Michael L. Braunstein Michael L. Braunstein
Case: Case 1:16-cv-08532-KBF 18-615, Document 1-2, As of: 03/05/2018, 03/05/20182250112, 01:05 PMPage3 EST of1 8of 6 CLOSED,APPEAL,ECF
U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:16−cv−08532−KBF Borenkoff v. Buffalo Wild Wings, Inc. Assigned to: Judge Katherine B. Forrest Cause: 28:1332dtp Diversity − Deceptive Trade Practices
Date Filed: 11/02/2016 Date Terminated: 01/19/2018 Jury Demand: Plaintiff Nature of Suit: 370 Other Fraud Jurisdiction: Diversity
Plaintiff Alexa Borenkoff On behalf of herself and all others similarly situated
represented by Michael Louis Braunstein Kantrowitz Goldhamer & Graifman, P.C. 747 Chestnut Ridge Road Chestnut Ridge, NY 10977 (845)−356−2570 Fax: (845)−356−4335 Email: [email protected] ATTORNEY TO BE NOTICED
V. Defendant Buffalo Wild Wings, Inc.
represented by Francis X. Riley , III Saul Ewing LLP (NJ) 650 College Road East Princeton, NJ 08540 (609) 452−3150 Fax: (609) 514−3744 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Ryan Lawrence Diclemente Saul Ewing LLP 650 College Road East Princeton, NJ 08540 (609)−452−5057 Fax: (609)−452−6117 Email: [email protected] ATTORNEY TO BE NOTICED
Defendant Blazin Wings, Inc.
represented by Francis X. Riley , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ryan Lawrence Diclemente (See above for address) ATTORNEY TO BE NOTICED
Date Filed 11/02/2016
#
Docket Text
1 FILING ERROR − WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY − COMPLAINT against Buffalo Wild Wings, Inc.. (Filing Fee $ 400.00, Receipt Number 0208−12942712)Document filed by Alexa Borenkoff.(Braunstein, Michael) Modified on 11/3/2016 (vf). (Entered: 11/02/2016)
Case: Case 1:16-cv-08532-KBF 18-615, Document 1-2, As of: 03/05/2018, 03/05/20182250112, 01:05 PMPage4 EST of2 8of 6 11/02/2016
2 COMPLAINT against Buffalo Wild Wings, Inc.. (Filing Fee $ 400.00, Receipt Number 0208−12942783)Document filed by Alexa Borenkoff.(Braunstein, Michael) (Entered: 11/02/2016)
11/02/2016
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Michael Louis Braunstein. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) (Entered: 11/03/2016)
11/02/2016
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Louis Braunstein. The party information for the following party/parties has been modified: Alexa Borenkoff, Buffalo Wild Wings, Inc. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf) (Entered: 11/03/2016)
11/02/2016
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Louis Braunstein. The following case opening statistical information was erroneously selected/entered: Cause of Action code Blank; Citizenship Defendant code 2 (Citizen of Another State); County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332dtp Diversity − Deceptive Trade Practices; the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business−Other State); the County code has been modified to Rockland. (vf) (Entered: 11/03/2016)
11/02/2016
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above−entitled action is assigned to Judge Vincent L. Briccetti. 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. (vf) (Entered: 11/03/2016)
11/02/2016
Magistrate Judge Lisa M. Smith is so designated. (vf) (Entered: 11/03/2016)
11/02/2016
Case Designated ECF. (vf) (Entered: 11/03/2016)
11/08/2016
3 CIVIL COVER SHEET filed. (Braunstein, Michael) (Entered: 11/08/2016)
11/16/2016
4 FILING ERROR − DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to BUFFALO WILD WINGS, INC., re: 2 Complaint. Document filed by Alexa Borenkoff. (Braunstein, Michael) Modified on 11/17/2016 (sj). (Entered: 11/16/2016)
11/16/2016
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE−FILE Document No. 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form. Re−file the document using the event type Request for Issuance of Summons found under the event list Service of Process − select the correct filer/filers − and attach the correct summons form PDF. (sj) (Entered: 11/17/2016)
11/22/2016
5 REQUEST FOR ISSUANCE OF SUMMONS as to Buffalo Wild Wings, Inc., re: 2 Complaint. Document filed by Alexa Borenkoff. (Braunstein, Michael) (Entered: 11/22/2016)
01/11/2017
6 WAIVER OF SERVICE RETURNED EXECUTED. Buffalo Wild Wings, Inc. waiver sent on 1/9/2017, answer due 3/10/2017. Document filed by Alexa Borenkoff. (Braunstein, Michael) (Entered: 01/11/2017)
01/26/2017
7 NOTICE OF APPEARANCE by Francis X. Riley, III on behalf of Buffalo Wild Wings, Inc.. (Riley, Francis) (Entered: 01/26/2017)
01/26/2017
8 NOTICE OF APPEARANCE by Ryan Lawrence Diclemente on behalf of Buffalo Wild Wings, Inc.. (Diclemente, Ryan) (Entered: 01/26/2017)
Case: Case 1:16-cv-08532-KBF 18-615, Document 1-2, As of: 03/05/2018, 03/05/20182250112, 01:05 PMPage5 EST of3 8of 6 03/10/2017
9 MOTION to Dismiss Plaintiff's Complaint. Document filed by Buffalo Wild Wings, Inc.. (Attachments: # 1 Text of Proposed Order)(Diclemente, Ryan) (Entered: 03/10/2017)
03/10/2017
10 MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Buffalo Wild Wings, Inc.. (Diclemente, Ryan) (Entered: 03/10/2017)
03/10/2017
11 DECLARATION of Ryan L. DiClemente, Esq. in Support re: 9 MOTION to Dismiss Plaintiff's Complaint.. Document filed by Buffalo Wild Wings, Inc.. (Diclemente, Ryan) (Entered: 03/10/2017)
03/10/2017
12 CERTIFICATE OF SERVICE of Motion Dismiss Complaint served on All Attorneys in the Record on 03/10/2017. Service was accepted by ECF. Document filed by Buffalo Wild Wings, Inc.. (Diclemente, Ryan) (Entered: 03/10/2017)
03/13/2017
13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Buffalo Wild Wings, Inc..(Diclemente, Ryan) (Entered: 03/13/2017)
03/15/2017
14 ORDER re: 9 MOTION to Dismiss Plaintiff's Complaint, filed by Buffalo Wild Wings, Inc. The Court sua sponte grants plaintiff leave to file an amended complaint. Accordingly, it is hereby ORDERED that, by no later than March 20, 2017, plaintiff must notify the Court by letter, with copies simultaneously delivered to defendant's counsel, whether (i) she intends to file an amended complaint, or (ii) she will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion to dismiss will proceed in the regular course and, absent special circumstances, no further opportunities to amend will be granted. The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, she must file the amended complaint by no later than 14 days after notifying the Court of her intent to do so. Defendant may then either (i) file an answer to the amended complaint, (ii) file a motion to dismiss the amended complaint, or (iii) notify the Court by letter, with copies simultaneously delivered to plaintiff's counsel, that it is relying on the initially filed motion to dismiss. If defendant chooses to file an answer to or a motion to dismiss the amended complaint, the time to do so shall he governed by the Federal Rules of Civil Procedure, unless otherwise ordered by the Court. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/13/17) (yv) (Entered: 03/15/2017)
03/20/2017
15 LETTER addressed to Judge Vincent L. Briccetti from Michael Braunstein dated March 20, 2017 re: Amending Complaint. Document filed by Alexa Borenkoff.(Braunstein, Michael) (Entered: 03/20/2017)
03/21/2017
16 MEMO ENDORSEMENT on re: 15 Letter request to Amend Complaint filed by Alexa Borenkoff. ENDORSEMENT: The amended complaint shall be filed by 4/3/2017. ( Amended Pleadings due by 4/3/2017.) (Signed by Judge Vincent L. Briccetti on 3/20/2017) (rj) (Entered: 03/21/2017)
04/03/2017
17 FIRST AMENDED COMPLAINT amending 2 Complaint against Buffalo Wild Wings, Inc., Blazin Wings, Inc. with JURY DEMAND.Document filed by Alexa Borenkoff. Related document: 2 Complaint filed by Alexa Borenkoff.(Braunstein, Michael) (Entered: 04/03/2017)
04/11/2017
18 LETTER addressed to Judge Vincent L. Briccetti from Ryan L. DiClemente, Esq. dated 04/11/2017 re: BWW intends to file a new Motion to Dismiss Plaintiff's Amended Complaint. Document filed by Buffalo Wild Wings, Inc..(Diclemente, Ryan) (Entered: 04/11/2017)
04/11/2017
19 ORDER terminating 9 Motion to Dismiss: Defendant's 3/10/2017 motion to dismiss the complaint (Doc. #9) is terminated as moot. (See Doc. #18). (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) (Entered: 04/11/2017)
04/12/2017
20 NOTICE OF APPEARANCE by Francis X. Riley, III on behalf of Blazin Wings, Inc.. (Riley, Francis) (Entered: 04/12/2017)
Case: Case 1:16-cv-08532-KBF 18-615, Document 1-2, As of: 03/05/2018, 03/05/20182250112, 01:05 PMPage6 EST of4 8of 6 04/12/2017
21 NOTICE OF APPEARANCE by Ryan Lawrence Diclemente on behalf of Blazin Wings, Inc.. (Diclemente, Ryan) (Entered: 04/12/2017)
04/12/2017
22 LETTER MOTION for Extension of Time to File Answer re: 17 Amended Complaint addressed to Judge Vincent L. Briccetti from Ryan L. DiClemente, Esq. dated 04/12/2017. Document filed by Blazin Wings, Inc., Buffalo Wild Wings, Inc..(Diclemente, Ryan) (Entered: 04/12/2017)
04/12/2017
23 ORDER granting 22 Letter Motion for Extension of Time to Answer: All Defendants' time to answer, move, or otherwise respond to amended complaint extended to 4/24/2017. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) (Entered: 04/12/2017)
04/24/2017
24 MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by Blazin Wings, Inc., Buffalo Wild Wings, Inc.. (Attachments: # 1 Text of Proposed Order)(Diclemente, Ryan) (Entered: 04/24/2017)
04/24/2017
25 MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Blazin Wings, Inc., Buffalo Wild Wings, Inc.. (Diclemente, Ryan) (Entered: 04/24/2017)
04/24/2017
26 DECLARATION of Ryan L. DiClemente, Esq. in Support re: 24 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Blazin Wings, Inc., Buffalo Wild Wings, Inc.. (Diclemente, Ryan) (Entered: 04/24/2017)
04/24/2017
27 CERTIFICATE OF SERVICE of Motion Dismiss Amended Complaint served on All Attorneys in the Record on 04/24/2017. Service was accepted by ECF. Document filed by Blazin Wings, Inc., Buffalo Wild Wings, Inc.. (Diclemente, Ryan) (Entered: 04/24/2017)
05/04/2017
28 FIRST LETTER MOTION for Extension of Time to File Response/Reply Motion to Dismiss addressed to Judge Vincent L. Briccetti from Michael Braunstein dated May 4, 2017. Document filed by Alexa Borenkoff.(Braunstein, Michael) (Entered: 05/04/2017)
05/04/2017
29 ORDER granting 28 Letter Motion for Extension of Time to File Response/Reply: Plaintiff's opposition to defendants' motion to dismiss is due 5/22/2017. Defendants' reply is due 6/5/2017. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) (Entered: 05/04/2017)
05/22/2017
30 FIRST MEMORANDUM OF LAW in Opposition re: 24 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Alexa Borenkoff. (Attachments: # 1 Exhibit declaration)(Braunstein, Michael) (Entered: 05/22/2017)
06/05/2017
31 REPLY MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Blazin Wings, Inc., Buffalo Wild Wings, Inc.. (Riley, Francis) (Entered: 06/05/2017)
06/05/2017
32 CERTIFICATE OF SERVICE of Reply Memorandum of Law in Furhter Support of Motion to Dismiss Amended Complaint served on All Attorneys in the record on 06/05/2017. Service was accepted by ECF. Document filed by Blazin Wings, Inc., Buffalo Wild Wings, Inc.. (Riley, Francis) (Entered: 06/05/2017)
09/26/2017
NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Vincent L. Briccetti is no longer assigned to the case. (ma) (Entered: 09/26/2017)
09/26/2017
Magistrate Judge Kevin Nathaniel Fox is so redesignated. (ma) (Entered: 09/26/2017)
01/19/2018
33 OPINION AND ORDER: re: 24 MOTION to Dismiss Plaintiff's Amended Complaint filed by Blazin Wings, Inc., Buffalo Wild Wings, Inc. For the reasons stated above, the Court hereby GRANTS defendants' motion to dismiss at ECF No. 24. Plaintiff's first amended complaint at ECF No. 17 is DISMISSED. The Clerk of Court is directed to terminate this action. SO ORDERED. (Signed by Judge Katherine B. Forrest on 1/19/2018) (ama) (Entered: 01/19/2018)
01/19/2018
Transmission to Judgments and Orders Clerk. Transmitted re: 33 Memorandum & Opinion,, to the Judgments and Orders Clerk. (ama) (Entered: 01/19/2018)
Case: Case 1:16-cv-08532-KBF 18-615, Document 1-2, As of: 03/05/2018, 03/05/20182250112, 01:05 PMPage7 EST of5 8of 6 01/19/2018
34 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated January 19, 2018, Defendants' motion to dismiss is granted. Plaintiff's First Amended Complaint is dismissed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/19/2018) (Attachments: # 1 Right to Appeal)(km) (Entered: 01/19/2018)
01/25/2018
35 LETTER addressed to Judge Vincent L. Briccetti from Royce Corley, dated 1/25/18 re: Non−party Royce Corley requests that the Court issue an order to add him as a plaintiff to this class action, since neither class counsel or lead plaintiff has responded to his letters and emails. Document filed by Alexa Borenkoff.(sc) (Entered: 01/29/2018)
02/05/2018
36 ORDER: The Court is in receipt of a letter from a non−party seeking "an order to add [him] as a Plaintiff to this class−action, or any other appropriate order to preserve [his] rights in the above−entitled action." (ECF No. 35.) The Court notes that no class was ever certified in this action, and further that the complaint was dismissed by Opinion & Order dated January 19, 2018. (ECF No. 33.) Accordingly, no action is warranted on the letter at ECF No. 35. SO ORDERED. (Signed by Judge Katherine B. Forrest on 2/05/2018) Copies Mailed By Chambers. (ama) (Entered: 02/05/2018)
02/16/2018
37 FILING ERROR − NO ORDER/JUDGMENT SELECTED FOR APPEAL − FIRST NOTICE OF APPEAL. Document filed by Alexa Borenkoff. Filing fee $ 505.00, receipt number 0208−14712269. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Braunstein, Michael) Modified on 2/16/2018 (nd). (Entered: 02/16/2018)
02/16/2018
02/16/2018
02/16/2018
02/20/2018
***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Braunstein, Michael to RE−FILE Document No. 37 Notice of Appeal.. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected;. Re−file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents − attach the correct signed PDF − select the correct named filer/filers − select the correct order/judgment being appealed. (nd) (Entered: 02/16/2018) 38 FILING ERROR − NO ORDER/JUDGMENT SELECTED FOR APPEAL − FIRST CORRECTED NOTICE OF APPEAL re: 37 Notice of Appeal,. Document filed by Alexa Borenkoff. (Braunstein, Michael) Modified on 2/16/2018 (nd). (Entered: 02/16/2018) ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Braunstein, Michael to RE−FILE Document No. 38 Corrected Notice of Appeal.. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected;. Re−file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents − attach the correct signed PDF − select the correct named filer/filers − select the correct order/judgment being appealed. (nd) (Entered: 02/16/2018) 39 FILING ERROR − NO ORDER SELECTED FOR APPEAL − FIRST CORRECTED NOTICE OF APPEAL re: 37 Notice of Appeal,. Document filed by Alexa Borenkoff. (Braunstein, Michael) Modified on 2/20/2018 (tp). (Entered: 02/20/2018)
02/20/2018
***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Braunstein, Michael to RE−FILE Document No. 39 Corrected Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re−file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents − attach the correct signed PDF − select the correct named filer/filers − select the correct order/judgment being appealed. (tp) (Entered: 02/20/2018)
03/05/2018
40 FIRST CORRECTED NOTICE OF APPEAL re: 37 Notice of Appeal, 33 Memorandum & Opinion,. Document filed by Alexa Borenkoff. (Braunstein, Michael) (Entered: 03/05/2018)
03/05/2018
Appeal Fee Paid electronically via Pay.gov: for 40 Corrected Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number 0208−14712269, paid on 2/16/2018. (tp) (Entered: 03/05/2018)
Case: Case 1:16-cv-08532-KBF 18-615, Document 1-2, As of: 03/05/2018, 03/05/20182250112, 01:05 PMPage8 EST of6 8of 6 03/05/2018
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 40 Corrected Notice of Appeal. (tp) (Entered: 03/05/2018)
03/05/2018
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 40 Corrected Notice of Appeal filed by Alexa Borenkoff were transmitted to the U.S. Court of Appeals. (tp) (Entered: 03/05/2018)
