Collazo v. Nutribullet, LLC et al
| Nellie Collazo |
| Nutribullet, LLC, Homeland Houseswares, LLC, Capital Brands Distribution, LLC and Capital Brands, LLC |
| 3:2020cv00575 |
| April 28, 2020 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 22 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Discovery status teleconference set for 1/20/2021 at 4:00 PM before Judge Vanessa L. Bryant. To participate in the teleconference, the parties are to dial 888-251-2909 and enter 2429024# as the access code. (Shafer, J.) |
Filing 21
SCHEDULING ORDER: The Court has evaluated the parties' Joint Rule 26(f) Report #19 and sets the following case management deadlines. A discovery status teleconference will take place on 1/20/2021 at 4:00 pm. All discovery, including but not limited to depositions of expert witnesses, shall be completed by 6/15/2021. Dispositive motions are due by 7/19/2021. If no dispositive motions are filed, the joint trial memorandum ("JTM") is due by 8/16/2021, and a bench trial will take place in the month of October 2021 in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. If dispositive motions are filed, the JTM is due by 6/13/2022, and a bench trial will take place in the month of August 2022 in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. Counsel shall be prepared to present evidence on any day during the month that the bench trial is scheduled to take place. The parties are directed to closely follow Chambers' Practices #12 --including the deadlines and format of filings--when completing and filing the JTM, which shall be accompanied by the motions in limine. All evidentiary objections raised in the JTM must be the subject of a motion in limine and supported by applicable Second Circuit precedent. The parties' exhibit binders and electronic exhibits, as well as any courtroom technology requests, must be submitted no later than two weeks before the month of trial. The Court also requests that any courtesy copies sent to Chambers be printed from the docket and contain the header of the Court's electronic filing system. If the parties feel that a settlement conference before a Magistrate Judge would be productive, the parties may jointly request such on the docket. Signed by Judge Vanessa L. Bryant on 6/19/2020. (Dannenmaier, Katherine)
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Filing 20
ORDER TO SHOW CAUSE re: Motion to Dismiss. The Court construes Plaintiff's failure to respond to Defendants' #15 motion to dismiss within the deadline as a conceding the motion. Plaintiff must show cause why the Court should not grant the #15 motion to dismiss on or before 6/24/2020. Signed by Judge Vanessa L. Bryant on 6/10/2020.(Dannenmaier, Katherine)
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| Filing 19 Joint REPORT of Rule 26(f) Planning Meeting. (Lantry, Jacob) |
| Filing 18 NOTICE of Appearance by James F Kane on behalf of Nellie Collazo (Kane, James) |
| Filing 17 NOTICE RE: MOTION TO DISMISS. The parties are reminded that the pendency of a motion to dismiss does not automatically stay discovery, except in cases covered by the Private Securities Litigation Reform Act. See Brooks v. Macy's, Inc., No. 10-CIV-5304, 2010 WL 5297756, at *1 (S.D.N.Y. Dec. 21, 2010) (collecting cases), reh'g denied, No. 10-CIV-5304, 2011 WL 1362191 (S.D.N.Y. Apr. 8, 2011); see also Moran v. Flaherty, No. 92-CV-3200, 1992 WL 276913, at *1 (S.D.N.Y. Sept. 25, 1992). The court may enter a stay of discovery in its discretion upon a showing [as distinguished from an assertion] of good cause. Fed. R. Civ. P. 26(c); see also Integrated Sys. & Power, Inc. v. Honeywell Int'l, Inc. , No. 09-CIV-5874, 2009 WL 2777076, at *1 (S.D.N.Y. Sept. 1, 2009); accord Ellington Credit Fund, Ltd. v. Select Portfolio Servs., Inc. , No. 08-CV-2437, 2009 WL 274483, at *1 (S.D.N.Y. Feb. 3, 2009). In determining whether good cause exists, the court considers several factors including: (1) whether a defendant has made a strong showing that the plaintiff's claim is unmeritorious, (2) the breadth of discovery and the burden of responding to it, and (3) the risk of unfair prejudice to the party opposing the stay. Negrete v. Citibank, N.A., No. 15-CV-7250, 2015 WL 8207466, at *1 (S.D.N.Y. Dec. 7, 2015). Other factors include the nature of the case, whether dismissal will resolve the case, effect of dismissal on the scope of discovery, age of the case, complexity of discovery needed, remedy sought, extensions previously granted, parties' diligence, judicial efficiency, and other appropriate factors. Discovery in this case is NOT stayed. Accordingly, any party moving to stay discovery must demonstrate, as oppose to assert, the Court should exercise its discretion to stay the case. Signed by Judge Vanessa L. Bryant on 5/5/2020. (Shafer, J.) |
| Filing 16 Memorandum in Support re #15 MOTION to Dismiss filed by Capital Brands Distribution, LLC, Capital Brands, LLC, Homeland Houseswares, LLC, Nutribullet, LLC. (Lantry, Jacob) |
| Filing 15 MOTION to Dismiss by Capital Brands Distribution, LLC, Capital Brands, LLC, Homeland Houseswares, LLC, Nutribullet, LLC.Responses due by 5/26/2020 (Lantry, Jacob) |
| Filing 14 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #11 Electronic Filing Order, #10 Order on Pretrial Deadlines, #5 Corporate Disclosure Statement filed by Capital Brands, LLC, #9 Notice of Appearance filed by Capital Brands Distribution, LLC, Homeland Houseswares, LLC, Capital Brands, LLC, Nutribullet, LLC, #7 Corporate Disclosure Statement filed by Capital Brands Distribution, LLC, #1 Notice of Removal, filed by Capital Brands Distribution, LLC,, Homeland Houseswares, LLC, Capital Brands, LLC, Nutribullet, LLC, #4 Notice (Other) filed by Capital Brands Distribution, LLC, Homeland Houseswares, LLC, Capital Brands, LLC, Nutribullet, LLC, #6 Corporate Disclosure Statement filed by Nutribullet, LLC, #12 Standing Protective Order, #8 Corporate Disclosure Statement filed by Homeland Houseswares, LLC, #3 Notice (Other) filed by Capital Brands Distribution, LLC, Homeland Houseswares, LLC, Capital Brands, LLC, Nutribullet, LLC, #2 Notice of Appearance filed by Capital Brands Distribution, LLC, Homeland Houseswares, LLC, Capital Brands, LLC, Nutribullet, LLC, #13 Order Re: Chambers Practices. Signed by Clerk on 4/28/2020. (Attachments: #1 Standing Order on Removed Cases) (Velez, F.) |
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Filing 13
ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 4/28/2020. (Velez, F.)
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Filing 12
STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 4/28/2020. (Velez, F.)
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Filing 11
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 4/28/2020. (Velez, F.)
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Filing 10
Order on Pretrial Deadlines: Amended Pleadings due by 6/27/2020; Discovery due by 10/28/2020; Dispositive Motions due by 12/2/2020. Signed by Clerk on 4/28/2020. (Velez, F.)
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| Filing 9 NOTICE of Appearance by James M. Campbell on behalf of Capital Brands Distribution, LLC, Capital Brands, LLC, Homeland Houseswares, LLC, Nutribullet, LLC (Campbell, James) |
| Filing 8 Corporate Disclosure Statement by Homeland Houseswares, LLC. (Lantry, Jacob) |
| Filing 7 Corporate Disclosure Statement by Capital Brands Distribution, LLC. (Lantry, Jacob) |
| Filing 6 Corporate Disclosure Statement by Nutribullet, LLC. (Lantry, Jacob) |
| Filing 5 Corporate Disclosure Statement by Capital Brands, LLC. (Lantry, Jacob) |
| Filing 4 NOTICE by Capital Brands Distribution, LLC, Capital Brands, LLC, Homeland Houseswares, LLC, Nutribullet, LLC Statement Pursuant to Standing Order in Removed Cases (Lantry, Jacob) |
| Filing 3 NOTICE by Capital Brands Distribution, LLC, Capital Brands, LLC, Homeland Houseswares, LLC, Nutribullet, LLC (Lantry, Jacob) |
| Filing 2 NOTICE of Appearance by Jacob Lantry on behalf of Capital Brands Distribution, LLC, Capital Brands, LLC, Homeland Houseswares, LLC, Nutribullet, LLC (Lantry, Jacob) |
| Filing 1 NOTICE OF REMOVAL by Capital Brands Distribution, LLC, Capital Brands, LLC, Nutribullet, LLC, Homeland Houseswares, LLC from J.D. of New Britan, case number HHB-CV20-6059390-X. Filing fee $ 400 receipt number ACTDC-5826507, filed by Capital Brands Distribution, LLC, Capital Brands, LLC, Nutribullet, LLC, Homeland Houseswares, LLC. (Attachments: #1 Exhibit Plaintiff's Summons, #2 Exhibit Complaint, #3 Exhibit State Notice of Removal, #4 Exhibit Civil Action Cover Sheet)(Lantry, Jacob) |
| Judge Vanessa L. Bryant added. (Nuzzi, Tiffany) |
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