Miller v. Schwans Company et al
| Joanne Miller |
| Schwan's Consumer Brands, Inc., SFC Global Supply Chain, Inc., Schwan's Company and Schwan's Food Service, Inc. |
| 3:2019cv00501 |
| May 2, 2019 |
| US District Court for the Middle District of Florida |
| Timothy J Corrigan |
| Joel B Toomey |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 72
ORDER striking #71 Plaintiff's Letter. Plaintiff's motion due by 7/8/19. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 7/1/2019. (TAM)
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| Filing 71 MOTION to Amend/Correct #48 Amended Complaint as of right pursuant to FRCP 15(a)(1)(B) by July 8, 2019 (21 days) by Joanne Miller. (Sheehan, Spencer) Modified on 7/2/2019 - STRICKEN per #72 Court Order. (TMC) |
| Filing 70 CASE MANAGEMENT AND SCHEDULING ORDER: Select mediator by 7/10/2019; Discovery deadline is 5/1/2020; Conduct mediation hearing by 5/15/2020; Dispositive, Class Certification and Daubert motions due by 6/1/2020; Pretrial statement due by 10/15/2020; Final Pretrial Conference set for 10/21/2020 at 10:00 AM in Courtroom 10 D before Judge Timothy J. Corrigan; and, Jury Trial set for trial term commencing 11/2/2020 at 9:00 AM in Courtroom 10 D before Judge Timothy J. Corrigan. Signed by Deputy Clerk on 6/25/2019. (MD) |
| Mail returned as Undeliverable (enveloped marked as 'Return to sender, attempted not known, unable to forward' re: #59 Notice to counsel of Local Rule, #58 Order. Mail resent to 1301 Avenue of the Americas New York, NY US 10019 (TMC) |
| Filing 69 MOTION to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law by Schwan's Consumer Brands, Inc.. (Hintson, Michele) |
| Filing 68 JOINT CASE MANAGEMENT REPORT. (Attachments: #1 Exhibit 1)(Hintson, Michele) Modified on 6/10/2019 to edit text. (TMC) |
| Filing 67 CERTIFICATE of interested persons and corporate disclosure statement by Joanne Miller. (Sheehan, Spencer) |
| Filing 66 CERTIFICATE of interested persons and corporate disclosure statement re #58 Order by SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc.. (Hintson, Michele) |
| Filing 65 Written designation and consent to act by August Theodore Horvath on behalf of SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc.. Local Counsel: Michele Leo Hintson. Non-Resident Counsel: August T. Horvath. (Horvath, August) |
| ***PRO HAC VICE FEES paid by attorney Spencer Sheehan, appearing on behalf of Joanne Miller (Filing fee $150 receipt number JAX030860.) Related document: #53 MOTION for Special Admission and Written designation and Consent to Act. (AFC) |
| Filing 64 NOTICE of Appearance by Spencer I. Sheehan on behalf of Joanne Miller (Sheehan, Spencer) |
| ***PRO HAC VICE FEES paid by attorney August Horvath, appearing on behalf of SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc. (Filing fee $150 receipt number JAX030836.) Related document: #56 MOTION for August Horvath to appear pro hac vice. (AFC) |
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Filing 63
ENDORSED ORDER granting #57 Defendants' Agreed Motion for Enlargement of Time to File Response to Amended Complaint. Defendants shall respond to the Amended Complaint on or before June 14, 2019. Signed by Magistrate Judge Joel B. Toomey on 5/15/2019. (TAM)
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Filing 62
ENDORSED ORDER granting #53 Motion for Special Admission and Written Designation and Consent to Act; granting #56 Defendants' Motion for Admission of Counsel Pro Hac Vice. If Spencer Sheehan, Esq. and August Horvath, Esq. have not already done so, they shall each immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 5/15/2019. (TAM)
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| Filing 61 NOTICE to counsel Spencer Sheehan of Local Rule 2.02 (signed by deputy clerk). (TMC) |
| Filing 60 NOTICE to counsel Joshua Levin-Epstein of Local Rule 2.02 (signed by deputy clerk). (TMC) |
| Filing 59 NOTICE to counsel August Horvath of Local Rule 2.01 (signed by deputy clerk). (TMC) |
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Filing 58
ORDER designating case for Track 2, directing parties to file a case management report or joint notice suggesting other expedited treatment by 6/7/2019; inviting parties to consider consenting to Magistrate Judge jurisdiction (if parties consent, they should file attached form by 6/7/2019). Signed by Judge Timothy J. Corrigan on 5/14/2019. (Attachments: #1 Case Management Report form, #2 AO 85 consent form)(SRW)
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| Filing 57 Agreed MOTION for Extension of Time to File Response to #48 Amended Complaint, by SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc. (Hintson, Michele) Motions referred to Magistrate Judge Joel B. Toomey. Modified on 5/15/2019 to edit text and create docket entry relationship. (TMC) |
| Filing 56 MOTION for August Horvath to appear pro hac vice by SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc.. (Hintson, Michele) Motions referred to Magistrate Judge Joel B. Toomey. |
| Filing 55 NOTICE of Appearance by Thomas McDonnell on behalf of SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc. (McDonnell, Thomas) |
| Filing 54 NOTICE of Appearance by Michele Leo Hintson on behalf of SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc. (Hintson, Michele) |
| Filing 53 MOTION for Special Admission and Written designation and Consent to Act, by Michael J. Duggar on behalf of Joanne Miller. Local Counsel: Michael J. Duggar. Non-Resident Counsel: Spencer Sheehan. (Attachments: #1 Exhibit)(Duggar, Michael) Modified on 5/14/2019 to correct docket entry event type and edit text. (TMC) |
| Filing 52 NOTICE of Appearance Appearance by Michael J. Duggar on behalf of Joanne Miller (Duggar, Michael) |
| Filing 51 TRANSFER IN from the Eastern District of New York. Case assigned to District Judge Corrigan and Magistrate Judge Toomey. New Case Number: 3:19-cv-501-J-32JBT. (TMC) |
| Filing 50 Case transferred in from District of New York Eastern; Case Number 1:19-cv-02551. File received electronically |
| Filing 49 Minute Entry for Settlement Conference held on 4/30/2019 before Magistrate Judge Steven Tiscione: Sheehan for Plaintiff; Horvath for Defendants. Settlement discussions were held but the parties were unable to reach a disposition at this time. (FTR Log #3:12 - 3:14, 3:47 - 3:49.) (Vasquez, Lea) [Transferred from nyed on 5/2/2019.] |
| Case transferred to District of Middle District of Florida. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Marziliano, August) [Transferred from nyed on 5/2/2019.] |
| ***Staff notes: Attorney Spencer I. Sheehan has been checked for disciplinary matters and date of admission. As of 5/1/19 counsel is in good standing and admission date is on file (Goddard, Elizabeth) [Transferred from nyed on 5/2/2019.] |
| Filing 48 AMENDED COMPLAINT Florida Only Claims against Schwan's Consumer Brands, Inc., filed by Joanne Miller. (Sheehan, Spencer) [Transferred from nyed on 5/2/2019.] Modified on 5/2/2019 to edit text. (TMC) |
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Filing 47
ORDER ON FLORIDA CLAIMS. Plaintiff is ordered to file by 5/3/2019 an amended complaint dealing with the proposed Florida claims only, complying with the court's 2/4/2019 order. Thereafter, the Clerk of Court shall assign that amended complaint with the Florida claims a new cause of action number and transfer that action to the United States District Court for the Middle District of Florida. Ordered by Judge Jack B. Weinstein on 4/29/2019. (Barrett, C) [Transferred from nyed on 5/2/2019.]
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| Filing 46 ANSWER to #17 Amended Complaint by SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc.. (Horvath, August) [Transferred from nyed on 5/2/2019.] |
| Filing 45 Letter Ex Parte Settlement Position Paper by SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc. (Horvath, August) [Transferred from nyed on 5/2/2019.] |
| Filing 44 Letter EX PARTE SETTLEMENT POSITION STATEMENT by Shatequa Leguette, Joanne Miller (Sheehan, Spencer) [Transferred from nyed on 5/2/2019.] |
| Filing 43 MEMORANDUM in Opposition re #42 First MOTION to Sever and Transfer Miller Claims to MDFL filed by All Defendants. (Attachments: #1 Exhibit 1, Excerpts of Transcript of Feb. 6, 2019, Hearing) (Horvath, August) [Transferred from nyed on 5/2/2019.] |
| Filing 42 First MOTION to Sever and Transfer Miller Claims to MDFL by Shatequa Leguette, Joanne Miller. (Attachments: #1 Exhibit Transcript Selections, January 30, 2019, #2 Exhibit Second Amended Complaint (Florida Plaintiff and Claims), #3 Proposed Order Transferring Florida Claims to United States District Court, Middle District of Florida) (Sheehan, Spencer) [Transferred from nyed on 5/2/2019.] |
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ORDER re Set Hearings. The discovery schedule is amended as follows: All discovery is to be completed by August 2, 2019. The class certification motion shall be fully briefed by September 6, 2019. The April 30th settlement conference will proceed as scheduled. So Ordered by Magistrate Judge Steven Tiscione on 4/10/2019. (Vasquez, Lea) [Transferred from nyed on 5/2/2019.]
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| Filing 41 Proposed Scheduling Order Stipulated by the Parties, filed by Schwan's Company (Horvath, August) [Transferred from nyed on 5/2/2019.] |
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The proposed discovery schedule calling for fact discovery to be completed by August 23, 2019 and expert discovery to be completed by November 27, 2019 is approved and hereby entered as an Order of the Court. An in-person settlement conference will be held at 3:00 p.m. on April 30, 2019 before the undersigned in Hearing Room N504 in the North Wing. All counsel must attend. Counsel shall electronically file their respective settlement position letters via ex parte electronic filing through the Court's ECF System no later than April 26th. So Ordered by Magistrate Judge Steven Tiscione on 2/28/2019. (Vasquez, Lea) [Transferred from nyed on 5/2/2019.]
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| Filing 40 Minute Entry for Status Conference held on 2/20/2019 before Magistrate Judge Steven Tiscione: Sheehan for Plaintiff; Horvath for Defendants. Parties will confer and propose a joint discovery schedule by February 27, 2019. (FTR Log #11:42 - 11:46.) (Vasquez, Lea) [Transferred from nyed on 5/2/2019.] |
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SCHEDULING ORDER: The District Court has ruled that discovery shall proceed in this case. Accordingly, an in-person conference will be held before the undersigned at 11:30 a.m. on February 20, 2019 in Hearing Room N504 in the North Wing. All counsel must attend. So Ordered by Magistrate Judge Steven Tiscione on 2/11/2019. (Vasquez, Lea) [Transferred from nyed on 5/2/2019.]
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Filing 38
ORDER granting in part and denying in part #30 Motion for Summary Judgment. Claims on behalf of a nationwide class are dismissed. The national class is dismissed. Miller's claims on behalf of a proposed class of Florida consumers are severed and transferred to the Middle District of Florida. Miller is ordered to file an appropriate amended complaint based on Florida law. The Clerk of Court is directed to transfer the severed Florida complaint to the United States District Court for the Middle District of Florida. Defendant's motion for summary judgment is otherwise denied for the reasons stated during the 1/30/2019 hearing. The New York based case is respectfully referred to the magistrate judge to supervise discovery. The parties may renew motions for summary judgment after its completion. The magistrate judge shall attempt to settle the dispute. Ordered by Judge Jack B. Weinstein on 2/4/2019. (Barrett, C) [Transferred from nyed on 5/2/2019.]
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| Motion terminated, docketed incorrectly: 29 Notice of MOTION for Summary Judgment filed by SFC Global Supply Chain, Inc., Schwan's Food Service, Inc., Schwan's Company, Schwan's Consumer Brands, Inc. See ECF No. #27 . (Barrett, C) [Transferred from nyed on 5/2/2019.] |
| ***Document terminated: #14 MOTION for Summary Judgment filed by Schwan's Consumer Brands, Inc. See ECF No. #38 . (Barrett, C) [Transferred from nyed on 5/2/2019.] |
| Filing 39 Minute Entry for proceedings held before Judge Jack B. Weinstein: Motion Hearing held on 1/30/2019 re #30 Notice of MOTION for Summary Judgment filed by SFC Global Supply Chain, Inc., Schwan's Food Service, Inc., Schwan's Company, Schwan's Consumer Brands, Inc. Counsel for all sides present. Parties sworn. Evidentiary Hearing held. Motion argued and is denied with leave to renew after completion of expedited discovery. (Court Reporter L. Schmid.) (Barrett, C) [Transferred from nyed on 5/2/2019.] |
| NOTICE of Hearing on Motion #14 MOTION for Summary Judgment, 29 Notice of MOTION for Summary Judgment , #30 Notice of MOTION for Summary Judgment (Redacted version) : The time of the Motion Hearing set for 1/30/2019 is changed to 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein. (Lowe, June) [Transferred from nyed on 5/2/2019.] |
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Filing 37
ORDER. An evidentiary hearing on the defendant's motion for summary judgment is scheduled for 1/30/2019 at 2:00 P.M. The evidentiary hearing will be as broad as previously contemplated. See ECF Nos. #16 , #19 . Plaintiff Shatequa Leguette shall be present in person. The court wishes to evaluate her as representative of the class. Ordered by Judge Jack B. Weinstein on 1/17/2019. (Barrett, C) [Transferred from nyed on 5/2/2019.]
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| NOTICE of Hearing on Motion #14 MOTION for Summary Judgment, 29 Notice of MOTION for Summary Judgment , #30 Notice of MOTION for Summary Judgment (Redacted version) : Motion Hearing set for 1/7/2019 is adjourned to 1/30/2019 at 02:00 PM in Courtroom 10B South before Judge Jack B. Weinstein. (Lowe, June) [Transferred from nyed on 5/2/2019.] |
| NOTICE of Hearing on Motion #14 MOTION for Summary Judgment, 29 Notice of MOTION for Summary Judgment , #30 Notice of MOTION for Summary Judgment (Redacted version) :Motion Hearing set for 12/4/2018 is adjourned to 1/7/2019 at 10:30 AM in Courtroom 10B South before Judge Jack B. Weinstein. (Lowe, June) [Transferred from nyed on 5/2/2019.] |
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Filing 36
ORDER re #33 Letter. Since Ms. Holmberg expects to be in Minnesota, she may appear by telephone or video. Ordered by Judge Jack B. Weinstein on 11/21/2018. (Barrett, C) [Transferred from nyed on 5/2/2019.]
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| Filing 35 REPLY in Support re #30 Notice of MOTION for Summary Judgment (Redacted version) filed by SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc.. (Attachments: #1 Declaration of August T. Horvath, #2 Exhibit 1 to Declaration of August T. Horvath, #3 Exhibit 2 to Declaration of August T. Horvath, #4 Exhibit 3 to Declaration of August T. Horvath) (Horvath, August) [Transferred from nyed on 5/2/2019.] |
| Filing 33 Letter Requesting Guidance on 12/4/2018 Evidentiary Hearing by SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc. (Horvath, August) [Transferred from nyed on 5/2/2019.] |
| Filing 32 MEMORANDUM in Opposition re #30 Notice of MOTION for Summary Judgment (Redacted version) (redacted version of plaintiffs' opposition) filed by All Plaintiffs. (Sheehan, Spencer) [Transferred from nyed on 5/2/2019.] |
| Filing 30 Notice of MOTION for Summary Judgment (Redacted version) by SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of August T. Horvath in Support of Motion, #3 Exhibit 1 to Declaration of August T. Horvath, #4 Exhibit 2 to Declaration of August T. Horvath, #5 Exhibit 3 to Declaration of August T. Horvath, #6 Exhibit 4 to Declaration of August T. Horvath, #7 Exhibit 5 to Declaration of August T. Horvath) (Horvath, August) [Transferred from nyed on 5/2/2019.] |
| Filing 28 Joint MOTION for Protective Order Governing Production of Confidential Information by SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc.. (Attachments: #1 Proposed Order Governing Production of Confidential Information) (Horvath, August) [Transferred from nyed on 5/2/2019.] |
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ORDER granting #28 Motion for Protective Order: The joint motion for protective Order Governing Production of Confidential Information is approved and hereby entered as an Order of the Court. So Ordered by Magistrate Judge Steven Tiscione on 10/3/2018. (Vasquez, Lea) [Transferred from nyed on 5/2/2019.]
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Filing 27
MEMORANDUM AND ORDER: Defendant's motion "for leave to file redacted versions of Defendant's Memorandum in Support of Motion for Summary Judgment and the supporting declaration of Jennifer Holmberg and exhibits, via the Court's ECF system, with unredacted versions of these documents to be filed under seal, for in camera review by the Court" is granted. Ordered by Judge Jack B. Weinstein on 9/26/2018. (Barrett, C) [Transferred from nyed on 5/2/2019.]
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Filing 26
ORDER. An evidentiary hearing on defendant's motion for summary judgment shall be held on 12/4/2018 at 10:30 AM in Courtroom lOB South. Defendant's motion for summary judgment shall be filed by 10/15/2018, plaintiff's opposition filed by 11/8/2018, and defendant's reply filed by 11/22/2018. Ordered by Judge Jack B. Weinstein on 9/25/2018. (Barrett, C) [Transferred from nyed on 5/2/2019.]
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ELECTRONIC ORDER granting 25 Motion for Leave to Electronically File Document under Seal, as stated in the court's 9/26/2018 M&O. See ECF No. #27 . Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Jack B. Weinstein on 9/26/2018. (Barrett, C) [Transferred from nyed on 5/2/2019.]
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| Filing 24 Minute Order for Motion Hearing held on 9/5/2018 re #21 MOTION for Discovery filed by Joanne Miller, Shatequa Leguette before Magistrate Judge Steven Tiscione: Sheehan for Plaintiff; Horvath for Defendants. For the reasons discussed on the record, Plaintiff's Motion for Discovery #21 is denied as moot, as the parties will be able to work out the issues on their own. The parties are also hopeful that they will be able to reach a stipulation that will obviate the need for an evidentiary hearing, and will alert the District Court if that occurs. (FTR Log #2:18 - 2:28.) (Vasquez, Lea) [Transferred from nyed on 5/2/2019.] |
| Filing 23 First MOTION for Extension of Time to Complete Discovery and adjust briefing schedule and hearing date by Shatequa Leguette, Joanne Miller. (Sheehan, Spencer) [Transferred from nyed on 5/2/2019.] |
| Filing 22 RESPONSE to Motion re #21 MOTION for Discovery filed by All Defendants. (Horvath, August) [Transferred from nyed on 5/2/2019.] |
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ORDER deferring ruling on #21 Motion for Discovery. The Court defers ruling on the motion for discovery and will hold an in-person hearing on the motion on September 5, 2018 at 2:00 PM in Courtroom 504N. So Ordered by Magistrate Judge Steven Tiscione on 8/21/2018. (Balocca, Louis) [Transferred from nyed on 5/2/2019.]
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| Set/Reset Hearings: Discovery Hearing set for 9/5/2018 02:00 PM in Courtroom 504 North before Magistrate Judge Steven Tiscione. (Balocca, Louis) [Transferred from nyed on 5/2/2019.] |
| Filing 21 MOTION for Discovery by Shatequa Leguette, Joanne Miller. (Sheehan, Spencer) [Transferred from nyed on 5/2/2019.] |
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Filing 20
ORDER. An evidentiary hearing on the parties' motions for summary judgment shall be held on 10/2/2018, at 10:30 A.M, with the parties' summary judgment motions and laboratory reports due on 9/18/2018. Ordered by Judge Jack B. Weinstein on 7/24/2018. (Barrett, C) [Transferred from nyed on 5/2/2019.]
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Filing 19
ORDER postponing 7/12/2018 evidentiary hearing. The new dates for the briefing schedule and the evidentiary hearing shall be arranged with case coordinator. Ordered by Judge Jack B. Weinstein on 7/2/2018. (Barrett, C) [Transferred from nyed on 5/2/2019.]
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ORDER granting #18 Motion for Extension of Time to File Response to Amended complaint is extended to August 6, 2018. So Ordered by Magistrate Judge Steven Tiscione on 6/11/2018. (Vasquez, Lea) [Transferred from nyed on 5/2/2019.]
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| Filing 18 Letter MOTION for Extension of Time to File Response/Reply as to #17 Amended Complaint (with Consent) by Schwans Consumer Brands, Inc.. (Horvath, August) [Transferred from nyed on 5/2/2019.] |
| ***Staff notes: Attorneys Joshua Levin-Epstein & Spencer I. Sheehan have been checked for admission status and disciplinary proceedings. Attorneys admitted. There are no disciplinary proceedings as of 6/8/18. (Goddard, Elizabeth) [Transferred from nyed on 5/2/2019.] |
| Filing 17 AMENDED COMPLAINT as of right and with added party against All Defendants, filed by Shatequa Leguette. (Sheehan, Spencer) [Transferred from nyed on 5/2/2019.] |
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Filing 16
ORDER. Defendant's motion to dismiss is converted to a motion for summary judgment. Either party may submit summary judgment motions by 6/27/2018. An evidentiary hearing on the parties motions for summary judgment shall be held on 7/12/2018, at 10:30 A.M. Ordered by Judge Jack B. Weinstein on 5/23/2018. (Barrett, C) [Transferred from nyed on 5/2/2019.]
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| ***Document terminated as moot: #9 MOTION to Expedite Expedition and Settlement as Referenced in Dkt. 5 filed by Shatequa Leguette. This motion requests a conference date. See #11 Scheduling Order, #15 Initial Conference Hearing. (Barrett, C) [Transferred from nyed on 5/2/2019.] |
| Filing 15 Minute Entry for Initial Conference Hearing held on 5/21/2018proceedings held before Magistrate Judge Steven Tiscione: Sheehan for Plaintiff; Horvath for Defendants. For the reasons discussed on the record, the Court stays discovery pending a decision on Defendants' Motion to Dismiss. (FTR Log #10:17 - 10:22.) (Vasquez, Lea) [Transferred from nyed on 5/2/2019.] |
| Filing 14 Notice of Motion to Dismiss for Failure to State a Claim by Schwans Consumer Brands, Inc.. (Attachments: #1 Memorandum in Support) (Horvath, August) Converted to a motion for summary judgment pursuant to #16 Order Judge Weinstein. This entry has been modified on 5/24/2018 to indicate motion #14 has been converted. (Barrett, C). [Transferred from nyed on 5/2/2019.] |
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ORDER terminating #13 Motion to Amend/Correct/Supplement. Counsel are relieved of the requirement of providing the Court with a completed Discovery Plan Worksheet prior to the conference. All counsel shall appear for the May 21st conference. The Court will set a discovery schedule at that time if it is deemed necessary. So Ordered by Magistrate Judge Steven Tiscione on 5/4/2018. (Vasquez, Lea) [Transferred from nyed on 5/2/2019.]
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| Filing 13 Letter MOTION to Amend/Correct/Supplement #11 Scheduling Order, by Schwans Consumer Brands, Inc.. (Horvath, August) [Transferred from nyed on 5/2/2019.] |
| Filing 12 NOTICE of Appearance by August Theodore Horvath on behalf of All Defendants (aty to be noticed) (Horvath, August) [Transferred from nyed on 5/2/2019.] |
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Filing 11
SCHEDULING ORDER: An in-person initial conference will be held at 10:00 a.m. on May 21, 2018 before the undersigned in Hearing Room N504 in the North Wing. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than May 18th. So Ordered by Magistrate Judge Steven Tiscione on 4/20/2018. (Vasquez, Lea) [Transferred from nyed on 5/2/2019.]
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| Filing 10 NOTICE of Appearance by Spencer I. Sheehan on behalf of All Plaintiffs (aty to be noticed) (Sheehan, Spencer) [Transferred from nyed on 5/2/2019.] |
| Filing 9 MOTION to Expedite Expedition and Settlement as Referenced in Dkt. 5 by Shatequa Leguette. (Levin-Epstein, Joshua) [Transferred from nyed on 5/2/2019.] |
| ***Staff notes: Attorneys August Theodore Horvath & Spencer I. Sheehan have been checked for admission status and disciplinary proceedings. Attorneys admitted. There are no disciplinary proceedings as of 4/20/18. (Herrera, Isaiah) [Transferred from nyed on 5/2/2019.] |
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STATUS REPORT ORDER. Counsel for Plaintiff shall electronically file a status report with respect to how it intends to proceed against remaining defendant Schwans Consumer Brands, Inc. by 4/13/2018. So Ordered by Magistrate Judge Steven Tiscione on 4/10/2018. (Vasquez, Lea) [Transferred from nyed on 5/2/2019.]
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Filing 8
Order Dismissing Defendants Schwan's Food Service, Inc., SFC Global Supply Chain, Inc. and Schwan's Company re #7 Notice of Voluntary Dismissal. Ordered by Judge Jack B. Weinstein on 3/24/2018. (Barrett, C) [Transferred from nyed on 5/2/2019.]
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| Filing 7 NOTICE of Voluntary Dismissal by Shatequa Leguette against defendants Schwans Company, Schwans Food Service, Inc. and SFC Global Supply Chain, Inc. (Levin-Epstein, Joshua) [Transferred from nyed on 5/2/2019.] |
| Filing 6 WAIVER OF SERVICE Returned Executed by Shatequa Leguette. Schwans Consumer Brands, Inc. waiver sent on 3/20/2018, answer due 5/21/2018. (Levin-Epstein, Joshua) [Transferred from nyed on 5/2/2019.] |
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Filing 5
COURT ORDER ON CASE FILING directing Magistrate Judge Tiscione to treat case under Local Rule 72.2 and referring case to the Magistrate Judge for expedition and settlement. Ordered by Judge Jack B. Weinstein on 1/25/2018. (Barrett, C) [Transferred from nyed on 5/2/2019.]
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from nyed on 5/2/2019.] |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from nyed on 5/2/2019.] |
| ***Staff notes: Attorney Joshua Levin-Epstein is admitted to this District and has no disciplinary actions in NY, NJ & CT as of 1/2/18. (Love, Alexis) [Transferred from nyed on 5/2/2019.] |
| Filing 2 Summons Issued as to All Defendants. (Bowens, Priscilla) [Transferred from nyed on 5/2/2019.] |
| Case assigned to Judge Jack B. Weinstein and Magistrate Judge Steven Tiscione. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from nyed on 5/2/2019.] |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-10083477 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Shatequa Leguette. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons SFC Global Supply Chain, Inc., #3 Proposed Summons Schwans Food Service, Inc., #4 Proposed Summons Schwans Consumer Brands, Inc., #5 Proposed Summons Schwans Company) (Levin-Epstein, Joshua) [Transferred from nyed on 5/2/2019.] |
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