Provenzano et al v. The Thomson Corporation et al

Plaintiffs charged that defendants The Thomson Corporation and West Publishing Corporation d/b/a BAR/BRI engaged in deceptive trade practices and fraudulent conduct which cause the plaintiffs to purchase BAR/BRI New York bar review products and to pay inflated, unjustifiable prices for them.
Plaintiffs:Jeffrey Provenzano, Thomas Benjamin and Monica Agosto
Defendants:The Thomson Corporation and West Publishing Corporation
 
Case Number:1:2007cv00746
Filed:July 18, 2007
 
Court:New York Northern District Court
Office:Albany Office [ Court Info ]
County:Albany
Presiding Judge:Judge Lawrence E. Kahn
Referring Judge:Magistrate Judge Randolph F. Treece
 
Nature of Suit:Torts - Property - Other Fraud
Cause:28:1332 Diversity-Petition for Removal
Jurisdiction:Diversity
Jury Demanded By:None
Date Filed # Docket Text
July 18, 2007 1 NOTICE OF REMOVAL from NYS Supreme Court Albany County, case number 4250-07 (Filing fee $350 receipt number 811323) filed by The Thomson Corporation and West Publishing Corporation. (Attachments: # 1 Exhibit(s) A - Summons & Complaint# 2 Exhibit(s) B - Summons & Amended Complaint# 3 Civil Cover Sheet)(lmp) (Entered: July 19, 2007)
July 18, 2007 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/20/2007 10:30 AM in Albany before Magistrate Judge Randolph F. Treece. Civil Case Management Plan due by 11/13/2007. (lmp) (Entered: July 19, 2007)
August 10, 2007 3 AFFIDAVIT of Service for Filing Order served by electronic means and regular mail served on Robert L. Arleo Esq. on 8/10/7, filed by The Thomson Corporation, West Publishing Corporation. (Rittinger, James) (Entered: August 10, 2007)
August 17, 2007 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by The Thomson Corporation, West Publishing Corporation identifying Thomson Legal and Regulatory, Inc.and The Thomson Corporation as Corporate Parent.. (Rittinger, James) (Entered: August 17, 2007)
August 17, 2007 5 MOTION to Dismiss Complaint Motion Hearing set for 9/21/2007 09:30 AM in Albany before Senior Judge Lawrence E. Kahn.,Response to Motion due by 9/4/2007,Reply to Response to Motion due by 9/10/2007. by The Thomson Corporation, West Publishing Corporation. (Attachments: # 1 Declaration Of Thomas J. Cahill Esq.# 2 Exhibit(s) A# 3 Exhibit(s) B# 4 Exhibit(s) C# 5 Exhibit(s) D# 6 Memorandum of Law In support of motion to dismiss# 7 Compendium of Cases in support of motion to dismiss) (Rittinger, James) (Entered: August 17, 2007)
September 6, 2007 6 ORDER resetting Hearing on Motion re: 5 MOTION to Dismiss Complaint : Response to Motion due by 9/24/2007 Reply to Response to Motion due by 10/15/2007. Motion Hearing set for 10/19/2007 09:30 AM in Albany before Senior Judge Lawrence E. Kahn.. Signed by Judge Lawrence E. Kahn on 9/6/07 [counsel Arleo not activated on ECF as of 9/7/07; Arleo served with Order and reminded of ECF registration/activation requirements]. (wjg, ) (Entered: 09/07/2007)
September 25, 2007 7 RESPONSE in Opposition re 5 MOTION to Dismiss Complaint filed by Jeffrey Provenzano, Thomas Benjamin, Monica Agosto. (Attachments: # 1 Exhibit(s) "A"# 2 Certificate of Service)(Arleo, Robert) (Entered: September 25, 2007)
September 25, 2007 TEXT ORDER re: 7 Response in Opposition to Motion filed by Monica Agosto, Jeffrey Provenzano, Thomas Benjamin. This response is being considered timely by the Court re oral request of Robert Arleo, per US District Judge Lawrence E. Kahn. (Entered: September 25, 2007) (sas) (Entered: September 25, 2007)
October 2, 2007 8 NOTICE by Jeffrey Provenzano, Thomas Benjamin, Monica Agosto of Voluntary Withdrawal of Claim for Treble Damages Pursuant to New York General Business Law ยง 349(h) (Arleo, Robert) (Entered: October 2, 2007)
October 15, 2007 9 REPLY to Response to Motion re 5 MOTION to Dismiss Complaint filed by The Thomson Corporation, West Publishing Corporation. (Attachments: # 1 Exhibit(s) Authority cited in reply memorandum)(Rittinger, James) (Entered: October 15, 2007)
October 24, 2007 10 Advisory Letter Motion from Robert L. Arleo, Esq. for Jeffrey Provenzano, Thomas Benjamin, Monica Agosto requesting Clarification and Response to Case Cited in Defendants' Reply Memorandum [Doc. 9] submitted to Judge Lawrence E. Kahn. (Arleo, Robert) (Entered: October 24, 2007)
November 13, 2007 **CLERK'S CORRECTION OF DOCKET ENTRY - CLERK DELETED DOCUMENT #11 (LETTER REQUEST/MOTION). DOCUMENT WAS ADDRESSED TO THE INCORRECT JUDGE. CLERK WILL REFILE THE DOCUMENT.** (tm) (Entered: 11/14/2007)
November 13, 2007 11 LETTER REQUEST/MOTION from Attorney James F. Rittinger for The Thomson Corporation & West Publishing Corporation requesting ADJOURNMENT of Rule 16 conference scheduled for 11/20/2007 before Judge Treece. Submitted to Judge Treece. (tm) (Entered: November 14, 2007)
November 14, 2007 TEXT NOTICE TO THE PARTIES. On November 13, 2007, this Court received Defendants' Letter Request, dated November 9, 2007, via Federal Express. This communication was not filed electronically. Under ECF, all written communications with the Court are required to be filed electronically and not by mail, unless specifically directed by the Court or are considered in camera disclosures. Accordingly, please be advised that all prospective filings with the Court shall be done electronically. (Treece, Randolph) (Entered: November 14, 2007)
November 14, 2007 NOTICE: The Rule 16 Conference scheduled before Judge Treece on 11/20/2007 is adjourned due to the motion to dismiss pending before Judge Kahn; Counsel for Pltf are directed to contact Treece Chambers upon decision of Judge Kahn if the Rule 16 Conference needs to be rescheduled; All Counsel are directed to file any/all letter requests via ECF and not send letter requests directly to Chambers. (rzh, ) (Entered: November 14, 2007)
December 3, 2007 12 DECISION AND ORDER GRANTING 5 Motion to Dismiss filed by defendant; and DISMISSING IN IT'S ENTIRETY the Complaint (Dkt. No. 1). Signed by Judge Lawrence E. Kahn on 12/3/2007. (tm) (Entered: December 4, 2007)
December 3, 2007 13 JUDGMENT IN A CIVIL CASE in favor of The Thomson Corporation, West Publishing Corporation against Jeffrey Provenzano, Monica Agosto, Thomas Benjamin. Signed by Judge Lawrence E. Kahn on 12/3/2007. (tm) (Entered: December 4, 2007)
Docket Report Last Checked: July 17, 2008 12:34:32 PDT
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Plaintiff: Jeffrey Provenzano
Represented By: Robert L. Arleo
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Plaintiff: Thomas Benjamin
Represented By: Robert L. Arleo
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Plaintiff: Monica Agosto
Represented By: Robert L. Arleo
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Defendant: The Thomson Corporation
Represented By: James F. Rittinger
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Defendant: West Publishing Corporation
Represented By: James F. Rittinger
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