Lamb v. The Cookware Company (USA), LLC
Plaintiff: Elena Lamb
Defendant: The Cookware Company (USA), LLC
Case Number: 5:2020cv00331
Filed: July 21, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Philip R Lammens
Referring Judge: James S Moody
Nature of Suit: Other Fraud
Cause of Action: 15 U.S.C. § 2301
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2020 Opinion or Order Filing 42 60-DAY ORDER OF DISMISSAL re #41 Notice of Settlement. All pending motions, if any, are DENIED as moot. The Clerk is directed to close the file. Signed by Judge James S. Moody, Jr. on 8/28/2020. (SMB)
August 28, 2020 Filing 41 NOTICE of settlement by Elena Lamb (McGee, Ryan)
August 14, 2020 Opinion or Order Filing 40 ORDER granting #37 Motion to Appear Pro Hac Vice; granting #38 Motion to Appear Pro Hac Vice; granting #39 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Philip R. Lammens on 8/14/2020. (SA)
August 10, 2020 Filing 39 Verified MOTION for Benjamin M. Zuffranieri, Jr. to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17159607 for $150 by The Cookware Company (USA), LLC. (Baker, Colin) Motions referred to Magistrate Judge Philip R. Lammens.
August 10, 2020 Filing 38 Verified MOTION for Ryan J. Lucinski to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17159585 for $150 by The Cookware Company (USA), LLC. (Baker, Colin) Motions referred to Magistrate Judge Philip R. Lammens.
August 10, 2020 Filing 37 Verified MOTION for Ryan K. Cummings to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17159547 for $150 by The Cookware Company (USA), LLC. (Baker, Colin) Motions referred to Magistrate Judge Philip R. Lammens.
August 4, 2020 Filing 36 NOTICE of pendency of related cases re #35 Related case order and track 2 notice per Local Rule 1.04(d) by The Cookware Company (USA), LLC. Related case(s): yes (Baker, Colin)
July 21, 2020 Opinion or Order Filing 35 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge James S. Moody, Jr. on 7/21/2020. (SMB)
July 21, 2020 Filing 34 TRANSFER IN from the Southern District of New York. Case assigned to District Judge James S. Moody, Jr. and Magistrate Judge Philip R. Lammens. New Case Number: 5:20-cv-331-Oc-30PRL. (LAB)
July 21, 2020 Filing 33 Case transferred in from District of New York Southern; Case Number 1:20-cv-00704. File received electronically
July 16, 2020 Filing 32 ANSWER to #16 Amended Complaint. Document filed by The Cookware Company (USA), LLC..(Cummings, Ryan) [Transferred from nysd on 7/21/2020.]
July 9, 2020 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Middle District of Florida.(rro) [Transferred from nysd on 7/21/2020.]
July 9, 2020 Opinion or Order Filing 31 ORDER: Three weeks having passed since the Court's June 15, 2020 Opinion and Order (Dkt. No. 30) directing the parties to show cause why this case should not be transferred to the Middle District of Florida, and no response having been made by either party, the Clerk of Court is respectfully directed to transfer this action, in which there remains only the claims of the Florida plaintiff sub-class, brought by a Florida resident, under Florida law on a purchase made in Florida, against a New York resident which sold its product in Florida, to the United States District Court for the Middle District of Florida. (Signed by Judge Louis L. Stanton on 7/9/2020) (rro) Transmission to Office of the Clerk of Court for processing. [Transferred from nysd on 7/21/2020.]
June 15, 2020 Opinion or Order Filing 30 OPINION & ORDER granting in part and denying in part #18 Motion to Dismiss: that Defendant's motion to dismiss the amended complaint (Dkt. No. 18) is granted in part and denied in part. The motion to dismiss the Magnuson-Moss Warranty Act, breach of express warranty, breach of implied warranty of merchantability, and unjust enrichment claims (Counts I-IV) is granted. The motion to dismiss the Florida Deceptive and Unfair Trade Practices Act claim (Count V) is denied. The motion to dismiss plaintiff's request for injunctiverelief for lack of standing is granted. With the dismissal of the Magnuson-Moss and common-law claims, there remains only the claims of the Florida-plaintiff sub-class, brought by a Florida resident, under Florida law on a purchase made in Florida, against a New York resident which sold its product in Florida. Any party wishing to retain the action in this Court must show cause, within the next three weeks, why it should not be transferred to the United States District Court for the Middle District of Florida. (Signed by Judge Louis L. Stanton on 6/15/2020) (ml) [Transferred from nysd on 7/21/2020.]
June 5, 2020 Filing 29 REPLY MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss Amended Complaint. . Document filed by The Cookware Company (USA), LLC..(Cummings, Ryan) [Transferred from nysd on 7/21/2020.]
May 26, 2020 Opinion or Order Filing 28 STIPULATION EXTENDING DEFENDANT'S TIME TO FILE ITS REPLY ON THE PENDING MOTION TO DISMISS: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys, that the time for The Cookware Company (USA), LLC to file its Reply on its pending motion to dismiss the Amended Complaint is hereby extended to and including June 5, 2020. So Ordered. (Replies due by 6/5/2020.) (Signed by Judge Louis L. Stanton on 5/26/2020) (rro) [Transferred from nysd on 7/21/2020.]
May 26, 2020 Filing 27 NOTICE of Stipulation Extending Defendant's Time To File Reply on Motion To Dismiss Amended Complaint up to and including June 5, 2020. Document filed by The Cookware Company (USA), LLC..(Cummings, Ryan) [Transferred from nysd on 7/21/2020.]
May 26, 2020 Opinion or Order Filing 26 ORDER FOR ADMISSION PRO HAC VICE granting #21 Motion for Jean S. Martin to Appear Pro Hac Vice. (Signed by Judge Louis L. Stanton on 5/26/2020) (rro) [Transferred from nysd on 7/21/2020.]
May 22, 2020 Filing 25 RESPONSE in Opposition to Motion re: #18 MOTION to Dismiss Amended Complaint. . Document filed by Elena Lamb..(Kennedy, Thomas) [Transferred from nysd on 7/21/2020.]
May 14, 2020 Opinion or Order Filing 24 STIPULATION EXTENDING TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS:IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys, that the time for Plaintiff to respond to Defendant's Motion to Dismiss Plaintiffs Amended Complaint (Doc. 18) is hereby extended to and including May 22, 2020. So Ordered. (Responses due by 5/22/2020) (Signed by Judge Louis L. Stanton on 5/14/2020) (rro) [Transferred from nysd on 7/21/2020.]
May 14, 2020 Filing 23 NOTICE of Stipulation extending time to respond to Defendant's MTD re: #18 MOTION to Dismiss Amended Complaint.. Document filed by Elena Lamb..(Martin, Jean) [Transferred from nysd on 7/21/2020.]
May 11, 2020 Opinion or Order Filing 22 ORDER FOR ADMISSION PRO HAC VICE granting #17 Motion for Ryan J. Lucinski to Appear Pro Hac Vice. (Signed by Judge Louis L. Stanton on 5/11/2020) (rro) [Transferred from nysd on 7/21/2020.]
May 11, 2020 Filing 21 MOTION for Jean Sutton Martin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19785617. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elena Lamb. (Attachments: #1 Affidavit Affidavit of JSM, #2 Appendix COGS, #3 Text of Proposed Order Proposed order).(Martin, Jean) [Transferred from nysd on 7/21/2020.]
May 11, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Jean Sutton Martin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19785617. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) [Transferred from nysd on 7/21/2020.]
May 1, 2020 Filing 20 DECLARATION of Donald Hildebrand in Support re: #18 MOTION to Dismiss Amended Complaint.. Document filed by The Cookware Company (USA), LLC. (Attachments: #1 Exhibit Product Packaging, #2 Exhibit Care and Use Manual, #3 Exhibit Website).(Cummings, Ryan) [Transferred from nysd on 7/21/2020.]
May 1, 2020 Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss Amended Complaint. . Document filed by The Cookware Company (USA), LLC. (Attachments: #1 Exhibit Comparison of Photographs in Amended Complaint with actual Package).(Cummings, Ryan) [Transferred from nysd on 7/21/2020.]
May 1, 2020 Filing 18 MOTION to Dismiss Amended Complaint. Document filed by The Cookware Company (USA), LLC. Responses due by 5/15/2020 (Attachments: #1 Text of Proposed Order).(Cummings, Ryan) [Transferred from nysd on 7/21/2020.]
April 24, 2020 Filing 17 MOTION for Ryan J. Lucinski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19575480. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Cookware Company (USA), LLC. (Attachments: #1 Affidavit of Ryan Luncinski for Pro Hac Vice, #2 Exhibit A, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Lucinski, Ryan) [Transferred from nysd on 7/21/2020.]
April 24, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Ryan J. Lucinski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19575480. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq) [Transferred from nysd on 7/21/2020.]
April 20, 2020 Filing 16 AMENDED COMPLAINT amending #15 Amended Complaint, #1 Complaint against The Cookware Company (USA), LLC with JURY DEMAND.Document filed by Elena Lamb. Related document: #15 Amended Complaint, #1 Complaint..(McGee, Ryan) [Transferred from nysd on 7/21/2020.]
April 20, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ryan McGee to RE-FILE Document No. #15 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) [Transferred from nysd on 7/21/2020.]
April 17, 2020 Filing 15 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #1 Complaint against Elena Lamb with JURY DEMAND.Document filed by Elena Lamb. Related document: #1 Complaint..(McGee, Ryan) Modified on 4/20/2020 (pc). [Transferred from nysd on 7/21/2020.]
April 3, 2020 Filing 14 MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss . . Document filed by The Cookware Company (USA), LLC. (Attachments: #1 Exhibit photographs comparing packaging, #2 Text of Proposed Order).(Cummings, Ryan) [Transferred from nysd on 7/21/2020.]
April 3, 2020 Filing 13 DECLARATION of Donald Hildebrand in Support re: #12 MOTION to Dismiss .. Document filed by The Cookware Company (USA), LLC. (Attachments: #1 Exhibit product packaging, #2 Exhibit Care and Use manual, #3 Exhibit website warranty).(Cummings, Ryan) [Transferred from nysd on 7/21/2020.]
April 3, 2020 Filing 12 MOTION to Dismiss . Document filed by The Cookware Company (USA), LLC. Responses due by 4/17/2020.(Cummings, Ryan) [Transferred from nysd on 7/21/2020.]
April 3, 2020 Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cookware Company Holding America BVBA (BELGIUM) for The Cookware Company (USA), LLC. Document filed by The Cookware Company (USA), LLC..(Cummings, Ryan) [Transferred from nysd on 7/21/2020.]
March 31, 2020 Opinion or Order Filing 10 ORDER FOR ADMISSION PRO HAC VICE granting #7 Motion for Ryan J. McGee to Appear Pro Hac Vice. (Signed by Judge Louis L. Stanton on 3/31/2020) (rro) [Transferred from nysd on 7/21/2020.]
March 17, 2020 Opinion or Order Filing 9 STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys, that the time for The Cookware Company (USA), LLC to answer, move, or otherwise respond to the Plaintiffs Complaint is hereby extended to and including April 3, 2020. SO ORDERED. (The Cookware Company (USA), LLC answer due 4/3/2020.) Motions terminated: #8 LETTER MOTION for Extension of Time to File Answer addressed to Judge Louis L. Stanton from Ryan K. Cummings dated March 16, 2020 filed by The Cookware Company (USA), LLC. (Signed by Judge Louis L. Stanton on 3/17/2020) (rro) [Transferred from nysd on 7/21/2020.]
March 16, 2020 Filing 8 LETTER MOTION for Extension of Time to File Answer addressed to Judge Louis L. Stanton from Ryan K. Cummings dated March 16, 2020. Document filed by The Cookware Company (USA), LLC..(Cummings, Ryan) [Transferred from nysd on 7/21/2020.]
March 16, 2020 Filing 7 MOTION for Ryan J. McGee to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elena Lamb. (Attachments: #1 Affidavit Affidavit in support of motion, #2 Text of Proposed Order Proposed order, #3 Exhibit COGS).(McGee, Ryan) [Transferred from nysd on 7/21/2020.]
March 16, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Ryan J. McGee 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) [Transferred from nysd on 7/21/2020.]
March 6, 2020 Filing 6 NOTICE OF APPEARANCE by Ryan King Cummings on behalf of The Cookware Company (USA), LLC..(Cummings, Ryan) [Transferred from nysd on 7/21/2020.]
March 6, 2020 Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ryan J. McGee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19034993. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elena Lamb. (Attachments: #1 Affidavit Affidavit in support of motion, #2 Text of Proposed Order Proposed order, #3 Exhibit COGS).(McGee, Ryan) Modified on 3/6/2020 (aea). [Transferred from nysd on 7/21/2020.]
March 6, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #5 MOTION for Ryan J. McGee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19034993. 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 Florida Supreme Court. 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) [Transferred from nysd on 7/21/2020.]
January 28, 2020 Filing 4 ELECTRONIC SUMMONS ISSUED as to The Cookware Company (USA), LLC. (jgo) [Transferred from nysd on 7/21/2020.]
January 28, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brian Philip Murray. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None); County code Westchester; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff); the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo) [Transferred from nysd on 7/21/2020.]
January 28, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brian Philip Murray. The party information for the following party/parties has been modified: Elena Lamb. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) [Transferred from nysd on 7/21/2020.]
January 28, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Louis L. Stanton. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (jgo) [Transferred from nysd on 7/21/2020.]
January 28, 2020 Magistrate Judge Ona T. Wang 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) [Transferred from nysd on 7/21/2020.]
January 28, 2020 Case Designated ECF. (jgo) [Transferred from nysd on 7/21/2020.]
January 27, 2020 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to The Cookware Company (USA), LLC, re: #1 Complaint. Document filed by Elena Lamb. (Murray, Brian) [Transferred from nysd on 7/21/2020.]
January 27, 2020 Filing 2 CIVIL COVER SHEET filed. (Murray, Brian) [Transferred from nysd on 7/21/2020.]
January 27, 2020 Filing 1 COMPLAINT against The Cookware Company (USA), LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-18604796)Document filed by Elena Lamb.(Murray, Brian) [Transferred from nysd on 7/21/2020.]

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Defendant: The Cookware Company (USA), LLC
Represented By: Ryan J. Lucinski
Represented By: Ryan King Cummings
Represented By: Colin Baker
Represented By: Benjamin M. Zuffranieri
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Plaintiff: Elena Lamb
Represented By: Jean Sutton Martin
Represented By: Ryan McGee
Represented By: Brian Philip Murray
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