Watkins et al v. Plum, PBC et al
| James A Watkins and Margaret Watkins |
| Plum, PBC, Nurture, Inc., Hain Celestial Group, Inc., Amazon.com Sales, Inc., Whole Food Market, Inc., Sewerage & Water Board of New Orleans, Whole Foods Market, Inc. and Amazon.com Services LLC |
| 2:2022cv00551 |
| March 4, 2022 |
| US District Court for the Eastern District of Louisiana |
| Dana Douglas |
| Jay C Zainey |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Defendant |
Docket Report
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Filing 43
ORDER Granting #42 Motion to Appear Pro Hac Vice as to Samuel Felker. Signed by Judge Jay C. Zainey on 6/23/2022. (Attachments: #1 Notice to Visiting Attorneys) (ajn)
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Filing 42
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-9410497) by Whole Foods Market, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Ballay, Brian)
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Filing 41
ORDER Granting #40 Motion to Appear Pro Hac Vice as to Hope S. Freiwald. Signed by Judge Jay C. Zainey on 5/13/2022. (ajn) (Additional attachment(s) added on 5/17/2022: #1 Notice to Visiting Attorneys) (ajn).
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Filing 40
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Hope Freiwald (Fee previously paid) by Plum, PBC. (Attachments: #1 Proposed Order Order, #2 Electronic Registration for Hope S. Freiwald, #3 Exhibit 1 - PA Certificate of Good Standing, #4 Exhibit 2 - NJ Certificate of Good Standing, #5 Exhibit 3 - Hope Freiwald Affidavit)(Surprenant, Diana)
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Filing 39
REPLY/MEMORANDUM in Support filed by Whole Foods Market, Inc. re #15 MOTION to Dismiss. (Attachments: #1 Exhibit 1)(ajn)
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Filing 38
ORDER Granting #34 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 5/11/2022. (ajn)
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Filing 37
ORDER Granting #33 Motion to Adopt Nurture Inc.'s Motion For Leave to File Reply in Support of Motion to Dismiss. Signed by Judge Jay C. Zainey on 5/11/2022. (ajn)
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Filing 36
REPLY to Response to Motion filed by Nurture, Inc. re #23 MOTION to Dismiss for Failure to State a Claim . (blg)
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Filing 35
ORDER granting #32 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 5/10/2022. (blg)
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Filing 34
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Further Support of Motion to Dismiss Pursuant to Rule 12(b)(2) by Whole Foods Market, Inc.. (Attachments: #1 Proposed Pleading Reply in Further Support of Motion to Dismiss, #2 Proposed Pleading Exhibit 1, #3 Proposed Order)(Rychlak, Alexandra)
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Filing 33
EXPARTE/CONSENT MOTION for Joinder to Adopt Nurture Reply in Support of Motion to Dismiss by Plum, PBC. (Attachments: #1 Proposed Order)(Surprenant, Diana)
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Filing 32
EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion for Dismissal of Plaintiffs' Complaint Pursuant to FRCP 12(B)(6) by Nurture, Inc.. (Attachments: #1 Proposed Order Proposed Order, #2 Proposed Pleading Reply in Support of Motion for Dismissal)(Capodice, Camala E.)
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Filing 31
MEMORANDUM in Opposition filed by James A Watkins, Margaret Watkins re #23 MOTION to Dismiss for Failure to State a Claim . (ajn)
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Filing 30
ORDER Granting #28 Motion for Leave to File and Withdraw Documents. Rec. DOC. 26 shall be, and hereby is withdrawn, and the attached shall be, and hereby is, filed into the record as the Opposition to Nurture, Inc.'s Motion to Dismiss. Signed by Judge Jay C. Zainey on 5/6/2022. (ajn)
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Filing 29
**DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Admission of Hope Freiwald (Filing fee $ 100 receipt number ALAEDC-9348144) by Plum, PBC. (Attachments: #1 Proposed Order, #2 Exhibit 1 - PA Cert. of Good Standing, #3 Exhibit 2 - NJ Cert. of Good Standing, #4 Exhibit 3 - Affidavit of Hope Freiwald)(Surprenant, Diana) Modified on 5/9/2022 (ajn).
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Filing 28
EXPARTE/CONSENT MOTION for Leave to File and Withdraw Documents by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order, #2 Proposed Pleading Opposition Memorandum to Nurture, Inc.'s Motion to Dismiss)Attorney James A. Watkins added to party James A Watkins(pty:pla).(Watkins, James)
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Filing 27
**DEFICIENT** RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #23 MOTION to Dismiss for Failure to State a Claim Nurture Inc. as adopted by Plum PBC. (Watkins, James) Modified on 5/5/2022 (ajn).
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Filing 26
**WITHDRAWN PER ORDER AT R.DOC. 30** RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #23 MOTION to Dismiss for Failure to State a Claim by Nurture, Inc, and adopted by Plum PBC. (Watkins, James) Modified on 5/9/2022 (ajn).
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Filing 25
ORDER Granting #24 Motion Motion to Adopt re #23 Motion to Dismiss filed byNurture, Inc. Signed by Judge Jay C. Zainey on 4/26/2022. (ajn)
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Filing 24
EXPARTE/CONSENT MOTION for Joinder to Adopt the Motion to Dismiss filed by Nurture, Inc. by Plum, PBC. (Attachments: #1 Proposed Order, #2 Notice of Submission)(Surprenant, Diana)
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Filing 23
MOTION to Dismiss for Failure to State a Claim by Nurture, Inc.. Motion(s) will be submitted on 5/11/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Notice of Submission)(Winsberg, Gabriel)
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Filing 22
ORDER Granting #21 MOTION to Reset Submission Date. IT IS FURTHER ORDERED that the submission date is CONTINUED to 5/11/2022 re #15 MOTION to Dismiss for Lack of Jurisdiction. Whole Foods has until the new submission date of 5/11/2022, to file, with leave of Court, its Reply Brief in further support of its Motion to Dismiss. Signed by Judge Jay C. Zainey on 4/14/2022.(ajn)
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Filing 21
EXPARTE/CONSENT MOTION to Continue /Reset Reply Deadline by Whole Foods Market, Inc.. (Attachments: #1 Proposed Order)(Ballay, Brian)
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Filing 20
ORDER granting #18 Motion to Withdraw as Attorney. Attorney Andrew Caleb Rayford terminated. Signed by Judge Jay C. Zainey on 4/6/2022. (caa)
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Filing 19
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #15 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Watkins, James)
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Filing 18
EXPARTE/CONSENT MOTION to Withdraw Andrew C. Rayford as Attorney by Hain Celestial Group, Inc.. (Attachments: #1 Proposed Order)(Lowenthal, Joseph)
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Filing 17
NOTICE of Voluntary Dismissal Without Prejudice as to Sewerage and Water Board of New Orleans by All Plaintiffs. (Watkins, James)
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Filing 16
ANSWER to #1 Notice of Removal, with Jury Demand by Amazon.com Sales, Inc..(Cochran, Douglas)
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Filing 15
MOTION to Dismiss for Lack of Jurisdiction by Whole Foods Market, Inc.. Motion(s) will be submitted on 4/13/2022. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Notice of Submission)(Ballay, Brian)
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Filing 14
ORDER Granting #13 Motion for Extension of Time to Answer. Answer due 4/14/2022. Signed by Judge Jay C. Zainey on 3/25/2022. (ajn)
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Filing 13
EXPARTE/CONSENT MOTION for Extension of Time to Answer by Nurture, Inc.. (Attachments: #1 Proposed Order)(Winsberg, Gabriel)
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Filing 12
NOTICE Of Compliance by Nurture, Inc. re #3 Order Pursuant to 28 U.S.C. 1447(B). (Attachments: #1 Exhibit A)(Winsberg, Gabriel) Modified text on 3/22/2022 (ajn).
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Filing 11
ORDER Granting #10 Motion for Extension of Time to Answer as to Amazon.com Sales, Inc. Answer due Thursday, 3/31/2022. Signed by Judge Jay C. Zainey on 3/18/2022. (ajn)
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Filing 10
EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Notice of Removal, by Amazon.com Sales, Inc.. (Attachments: #1 Proposed Order)(Cochran, Douglas)
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Filing 9
ORDER granting #7 Motion to Substitute Attorney. Added attorneys Douglas Jay Cochran, Walter Frederick Metzinger, III, Nicholas J. Wehlen for Amazon.com Sales, Inc. Attorney Brian M. Ballay and Steven F. Griffith, Jr terminated. Signed by Judge Jay C. Zainey on 3/15/2022. (caa)
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Filing 7
EXPARTE/CONSENT MOTION to Withdraw Brian M. Ballay, Steven F. Griffith, Jr., Alex Rychlak and Baker Donelson Bearman Caldwell & Berkowitz as Attorney , MOTION to Substitute Attorney Douglas J. Cochran, Walter F. Metzinger III, Nicholas J. Whelen and Stone Pigman by Amazon.com Sales, Inc.. (Attachments: #1 Proposed Order)(Ballay, Brian)
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Filing 8
ANSWER to #1 Notice of Removal - Petition for Damages with Jury Demand by Hain Celestial Group, Inc.(ajn)
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Filing 6
**DEFICIENT** EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Notice of Removal, by Amazon.com Sales, Inc.. (Attachments: #1 Proposed Order)Attorney Douglas Jay Cochran added to party Amazon.com Sales, Inc.(pty:dft).(Cochran, Douglas) Modified on 3/11/2022 (cwa).
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Filing 5
ORDER GRANTING #4 Motion for Extension of Time to Answer #1 Notice of Removal. IT IS FURTHER ORDERED that Whole Foods Market, Inc.'s deadline to respond to be, and the same is hereby extended through and including Monday, 3/28/2022. Signed by Judge Jay C. Zainey on 3/9/2022. (pp)
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Filing 4
EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Notice of Removal, by Whole Foods Market, Inc.. (Attachments: #1 Proposed Order)(Ballay, Brian)
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Filing 3
DIRECTIVE Pursuant to 28:1447(b) re #1 Notice of Removal by Clerk.(ajn)
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Filing 2
Initial Case Assignment to Judge Jay C. Zainey and Magistrate Judge Dana Douglas. (aj)
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Filing 1
NOTICE OF REMOVAL from Civil District Court for the Parish of Orleans, case number 2022-00903 (Filing fee $ 402 receipt number ALAEDC-9259209) filed by Nurture, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)Attorney Gabriel Winsberg added to party Nurture, Inc.(pty:dft).(Winsberg, Gabriel)
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