Nutriband, Inc. v. Kalmar et al
| Nutriband, Inc. |
| Paul Murphy, Raymond Kalmar, Michelle Polly-Murphy, Advanced Health Brands, Inc. and TD Therapeutic, Inc. |
| 1:2019cv02511 |
| April 29, 2019 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Nicholas G Garaufis |
| Taryn A Merkl |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 45
ORDER DISMISSING CASE: This action is hereby voluntarily dismissed against defendants pursuant to F.R.C.P.41(a)(1)(A)(ii). (See Order for details)SO Ordered by Judge Nicholas G. Garaufis on 8/22/2022. (Tavarez, Jennifer)
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| Filing 44 STIPULATION of Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(ii) by Nutriband, Inc. (Elkin, Matthew) |
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STATUS REPORT ORDER: The parties are directed to file a joint status report by 8/25/2022, or in the event of any further change to the schedule of the related Florida trial. Ordered by Magistrate Judge Taryn A. Merkl on 5/26/2022. (Devanathan, Deepa)
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| Filing 43 STATUS REPORT - Joint - to Magistrate Judge Taryn A. Merkl by Nutriband, Inc. (Elkin, Matthew) |
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STATUS REPORT ORDER: The parties are directed to file a joint status report by 5/25/2022, or in the event of any further change to the schedule of the related Florida trial. Ordered by Magistrate Judge Taryn A. Merkl on 2/25/2022. (Devanathan, Deepa)
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| Filing 42 STATUS REPORT - Letter to Mag. Judge Taryn A. Merkl - Joint Status Report by Nutriband, Inc. (Elkin, Matthew) |
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ORDER: Motion to Withdraw as Attorney #41 is granted. So Ordered by Magistrate Judge Taryn A. Merkl on 1/3/2022. (Devanathan, Deepa)
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| Filing 41 MOTION to Withdraw as Attorney by Raymond Kalmar, Paul Murphy, Michelle Polly-Murphy. (Attachments: #1 Declaration in Support of Motion for Withdrawal of Appearance, #2 Proposed Order) (Miao, Tiffany) |
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STATUS REPORT ORDER: The parties are directed to file a joint status report by 2/25/2022. Ordered by Magistrate Judge Taryn A. Merkl on 12/17/2021. (Devanathan, Deepa)
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| Filing 40 STATUS REPORT - Letter to Magistrate Judge Taryn A. Merkl with case status update jointly by parties by Nutriband, Inc. (Elkin, Matthew) |
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Minute Entry and Order: A telephonic status conference was held on 8/18/2021 before Magistrate Judge Taryn A. Merkl. Appearances by Matthew Elkin and Joseph Dever for the plaintiff and Maureen Soles for the defendants. The parties represented that they are conducting discovery in good faith and that discovery is nearly complete, but some additional discovery remains outstanding. The deadline for fact discovery is extended. Fact discovery shall be completed by 9/24/2021. The parties advised that a related case is scheduled for trial in Florida state court in November, which could impact this case. The parties are directed to file a joint status report by 12/17/2021. The status report should include an update on the related Florida state court trial. Ordered by Magistrate Judge Taryn A. Merkl on 8/18/2021. (AT&T Log #10:59-11:22.) (Devanathan, Deepa)
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ORDER: The Request for a Discovery Extension #39 is granted, on consent. The parties represent that discovery is nearly complete, and jointly request additional time for limited additional discovery. Fact discovery shall be completed by 8/31/2021. Ordered by Magistrate Judge Taryn A. Merkl on 8/9/2021. (Devanathan, Deepa)
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| Filing 39 Letter to the Hon. Taryn A. Merkl on behalf of Plaintiff Nutriband, Inc. and write jointly with counsel for the Individual Defendants in response that the parties certify the completion of discovery by Nutriband, Inc. (Elkin, Matthew) |
| Filing 38 NOTICE of Appearance by Maureen Berard Soles on behalf of Raymond Kalmar, Paul Murphy, Michelle Polly-Murphy (notification declined or already on case) (Soles, Maureen) |
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ORDER: The Motion of Maureen Berard Soles for Leave to Appear Pro Hac Vice #37 is granted. The attorney shall register for ECF; registration is available online at the EDNYs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Taryn A. Merkl on 6/29/2021. (Devanathan, Deepa)
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| Filing 37 MOTION to Appear Pro Hac Vice Maureen Berard Soles Filing fee $ 150, receipt number ANYEDC-14604614. by Raymond Kalmar, Paul Murphy, Michelle Polly-Murphy. (Attachments: #1 Affidavit Affidavit in Support of Motion to Admit Counsel PHV, #2 Exhibit Exhibit A) (Soles, Maureen) |
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RESCHEDULING ORDER: The telephonic Status Conference set for 8/16/2021 at 2:00 p.m. has been adjourned to 8/18/2021 at 11:00 a.m. The parties are directed to call the toll free number (877)336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Ordered by Magistrate Judge Taryn A. Merkl on 6/23/2021. (Chan, Kaity)
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SCHEDULING ORDER: A telephonic status conference will be held on 8/16/2021 at 2:00 p.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll free number (877)336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the 2:00 p.m. conference. Ordered by Magistrate Judge Taryn A. Merkl on 6/9/2021. (Chan, Kaity)
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| Case Reassigned to Magistrate Judge Taryn A. Merkl. Magistrate Judge Sanket J. Bulsara no longer assigned to the case. 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. (Mahoney, Brenna) |
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ORDER: The motion for extension of time to complete discovery #36 is granted. The close of discovery is extended to 8/6/2021, and the final date for the parties to take the first step in dispositive motion practice is extended to 9/7/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/15/2021. (Altreuter, Sylvia)
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| Filing 36 Letter MOTION for Extension of Time to Complete Discovery Accordingly, counsel for Plaintiff and the Individual Defendants respectfully request that the Court extend the current May 7, 2021 discovery deadline to August 6, 2021. by Nutriband, Inc.. (Dever, Joseph) |
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ORDER: The motion for extension of time to complete discovery #35 is granted. The deadline to complete fact discovery is extended to 5/7/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/24/2021. (Altreuter, Sylvia)
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| Filing 35 Letter MOTION for Extension of Time to Complete Discovery jointly with Counsel for Individual Defendants Raymond Kalmar, Paul Murphy and Michelle Polly-Murphy by Nutriband, Inc.. (Dever, Joseph) |
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Minute Entry: A settlement conference was held by video before Magistrate Judge Sanket J. Bulsara on 12/14/2020. Representatives for all parties were present. A settlement was not reached. At any time following the scheduled mediation, the parties may submit a joint request for a second settlement conference by filing a joint letter on the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/14/2020. (Log #10:33 AM - 1:09 PM.) (Altreuter, Sylvia)
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ORDER: The settlement conference set for 12/14/2020 at 10:30 AM before Magistrate Judge Sanket J. Bulsara will be conducted by videoconference. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Court's website. Parties are to submit their respective ex parte settlement positions via Chambers email no later than three days before 12/14/2020. With their submissions, counsel shall provide email addresses and phone numbers for counsel and clients so the Court may connect them to the videoconference. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/4/2020. (Altreuter, Sylvia)
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Minute Entry And Order for proceedings held before Magistrate Judge Sanket J. Bulsara: An initial conference was held on 8/7/2020. All parties were present. The parties shall submit a joint certification that discovery has been completed by 5/7/2021. Deadlines set based on parties' submitted joint discovery worksheet and are as follow: All fact discovery shall be completed by 2/26/21 ; completion of all discovery by 5/7/2021; the last date to take the first step in dispositive motion practice shall be 6/4/2021. An in-person settlement conference will be held on 12/14/2020 at 10:30 AM before Magistrate Judge Bulsara in Courtroom 324N. All parties must be present. Parties are to submit their respective ex parte settlement positions via Chamber's email no later than three days before 12/14/2020. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Court's website. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/7/2020 (AT&T Log #4:00:4:16.) (Manson, Eddie)
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| Filing 34 ANSWER to #1 Complaint, by Raymond Kalmar, Paul Murphy, Michelle Polly-Murphy. (Crossland, Brandon) |
| Filing 33 Letter to Magistrate Judge Sanket J. Bulsara - Jointly submitted by Nutriband, Inc. (Attachments: #1 Discovery Plan Worksheet) (Dever, Joseph) |
| Filing 32 NOTICE of Appearance by Matthew Lawrence Elkin on behalf of Nutriband, Inc. (aty to be noticed) (Elkin, Matthew) |
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Filing 31
SCHEDULING ORDER: An initial/telephone conference will be held at 4:00 PM on 8/07/2020 before Magistrate Judge Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the 4:00 PM conference. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 8/07/2020. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/23/2020. (Manson, Eddie)
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Filing 30
MEMORANDUM & ORDER, The Individual Defendants' (Dkt. #28 ) motion to dismiss is DENIED. The parties are DIRECTED to contact the chambers of Magistrate Judge Sanket J. Bulsara to discuss next steps in this case. So Ordered by Judge Nicholas G. Garaufis on 7/20/2020. (Lee, Tiffeny)
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| Filing 29 Letter to Judge Nicholas G. Garaufis Notifying the Court of Activity in the Florida Litigation by Raymond Kalmar, Paul Murphy, Michelle Polly-Murphy (Attachments: #1 Exhibit A-Florida Appellate Court's Opinion and Mandate, #2 Exhibit B-Stipulation for Amendment of Pleadings, #3 Exhibit C-Third Amended Complaint) (Crossland, Brandon) |
| Filing 28 Fully Briefed MOTION to Dismiss by Raymond Kalmar, Paul Murphy, Michelle Polly-Murphy. (Attachments: #1 Memorandum in Support, #2 Request for Judicial Notice, #3 Declaration of Maureen B. Soles, #4 Exhibit 1- Nutriband's Form 8-K Filed on 5/22/2017, #5 Exhibit 2- Nutriband's Form 10-Q for the Period Ending 4/30/2017, #6 Exhibit 3- Nutriband's Form 10-Q for the Period Ending 7/31/2017, #7 Exhibit 4- Nutriband's Form 8-K Filed on 8/18/2017, #8 Exhibit 5- Nutriband's Form 10-Q for the Period Ending 10/31/2017, #9 Exhibit 6- Nutriband's Form 10-K for the Period Ending 1/31/2018, #10 Exhibit 7- Nutriband's Florida Complaint, #11 Exhibit 8- Nutriband's Florida Amended Complaint, #12 Exhibit 9- Florida Docket, #13 Exhibit 10- Order Entered 1/4/2019, #14 Exhibit 11- Plaintiff's Ex. 3, #15 Memorandum in Opposition, #16 Reply Memorandum of Law) (Crossland, Brandon) |
| Filing 27 NOTICE by Raymond Kalmar, Paul Murphy, Michelle Polly-Murphy (Request for Judicial Notice) (Crossland, Brandon) |
| Filing 26 AFFIDAVIT/DECLARATION in Support re #24 MOTION to Dismiss filed by Raymond Kalmar, Paul Murphy, Michelle Polly-Murphy. (Attachments: #1 Exhibit 1 - Nutirband's Form 8-K, #2 Exhibit 2 - Nutriband's Form 10-Q, #3 Exhibit 3 - Nutriband's Form 10-Q, #4 Exhibit 4 - Nutriband's Form 8-K, #5 Exhibit 5 - Nutriband's Form 10-Q, #6 Exhibit 6 - Nutriband's Form 10-Q, #7 Exhibit 7 - Nutriband's Complaint, #8 Exhibit 8 - Nutriband's Amended Complaint, #9 Exhibit 9 - Docket Sheet, #10 Exhibit 10 - Trial Court Order, #11 Exhibit 11 - Plaintiff's Exhibit 3) (Crossland, Brandon) |
| Filing 25 MEMORANDUM in Support re #24 MOTION to Dismiss filed by Raymond Kalmar, Paul Murphy, Michelle Polly-Murphy. (Crossland, Brandon) |
| Filing 24 MOTION to Dismiss by Raymond Kalmar, Paul Murphy, Michelle Polly-Murphy. (Crossland, Brandon) |
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ORDER: The motion to adjourn #23 is granted. The initial conference scheduled for 8/2/2019 is hereby adjourned sine die. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/1/2019. (Murphy, Colleen)
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| Filing 23 MOTION to Continue Initial Conference set for August 2, 2019 by Raymond Kalmar, Paul Murphy, Michelle Polly-Murphy. (Crossland, Brandon) |
| Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-Motion Conference held on 7/29/2019. Counsel for Plaintiff and Defendants Raymond Kalmar, Paul Murphy, and Michelle Polly-Murphy (collectively, the "Individual Defendants") present. The court GRANTED the Individual Defendants leave to move to dismiss and set the following briefing schedule: the Individual Defendants shall serve their motion by no later than August 23, 2019; Plaintiff shall serve its response by no later than September 13, 2019; and the Individual Defendants shall serve their reply, if any, and file the fully briefed motion by no later than September 25, 2019. The court also DIRECTED the parties to inform Magistrate Judge Sanket J. Bulsara that there will be motion practice and that the undersigned recommends postponing any initial conference. (Court Reporter Holly Driscoll) (Davis, Eleanor) |
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ORDER re: Defendants' #20 and #21 Applications for Pre-Motion Conference: The Applications are GRANTED. The parties are directed to confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. Defendants' time to answer or otherwise reply to the complaint is extended until 14 days after the entry of the order deciding Defendants' anticipated motion. Ordered by Judge Nicholas G. Garaufis on 5/29/2019. (Davis, Eleanor)
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| Filing 22 NOTICE of Appearance by Tiffany Anna Miao on behalf of Raymond Kalmar, Paul Murphy, Michelle Polly-Murphy (aty to be noticed) (Miao, Tiffany) |
| Filing 21 MOTION for pre motion conference (letter re briefing schedule) by Raymond Kalmar, Paul Murphy, Michelle Polly-Murphy. (Crossland, Brandon) |
| Filing 20 MOTION for pre motion conference (Letter re pre-motion conference) by Raymond Kalmar, Paul Murphy, Michelle Polly-Murphy. (Crossland, Brandon) |
| Filing 19 NOTICE of Appearance by Brandon Crossland on behalf of Raymond Kalmar, Paul Murphy, Michelle Polly-Murphy (notification declined or already on case) (Crossland, Brandon) |
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ORDER: The Motion of Brandon T. Crossland for Leave to Appear Pro Hac Vice #18 is granted. The attorney shall register for ECF, which is available at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee is submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/28/2019. (Murphy, Colleen)
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| Filing 18 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number CNYEDC-11514459. by Raymond Kalmar, Paul Murphy, Michelle Polly-Murphy. (Attachments: #1 Affidavit in Support of Motion PHV) (Crossland, Brandon) |
| Filing 17 SUMMONS Returned Executed by Nutriband, Inc.. TD Therapeutic, Inc. served on 5/17/2019, answer due 6/7/2019. (Dever, Joseph) |
| Filing 16 SUMMONS Returned Executed by Nutriband, Inc.. Advanced Health Brands, Inc. served on 5/17/2019, answer due 6/7/2019. (Dever, Joseph) |
| Filing 15 SUMMONS Returned Executed by Nutriband, Inc.. Paul Murphy served on 5/17/2019, answer due 6/7/2019. (Dever, Joseph) |
| Filing 14 NOTICE of Appearance by Tamar Schwartz Wise on behalf of Nutriband, Inc. (aty to be noticed) (Wise, Tamar) |
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Filing 13
SCHEDULING ORDER: An in-person initial conference will be held at 10:30 A.M. on 8/2/2019 before Magistrate Judge Bulsara in Courtroom 324N. All counsel must attend. Plaintiff is directed to notify Defendant of this scheduling order at the time that Defendant makes an appearance in this matter. Counsel are also directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 8/2/2019. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/20/2019. (Manson, Eddie)
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| Filing 12 SUMMONS Returned Executed by Nutriband, Inc.. Michelle Polly-Murphy served on 5/6/2019, answer due 5/27/2019. (Dever, Joseph) |
| Filing 11 SUMMONS Returned Executed by Nutriband, Inc.. Raymond Kalmar served on 5/6/2019, answer due 5/27/2019. (Dever, Joseph) |
| Filing 10 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 9 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) |
| Filing 8 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Case assigned to Judge Nicholas G. Garaufis and Magistrate Judge Sanket J. Bulsara. 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) |
| Filing 7 Proposed Summons. Re #1 Complaint, by Nutriband, Inc. (Dever, Joseph) |
| Filing 6 Proposed Summons. Re #1 Complaint, by Nutriband, Inc. (Dever, Joseph) |
| Filing 5 Proposed Summons. Re #1 Complaint, by Nutriband, Inc. (Dever, Joseph) |
| Filing 4 Proposed Summons. Re #1 Complaint, by Nutriband, Inc. (Dever, Joseph) |
| Filing 3 Proposed Summons. Re #1 Complaint, by Nutriband, Inc. (Dever, Joseph) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Nutriband, Inc. (Dever, Joseph) |
| Filing 1 COMPLAINT against Advanced Health Brands, Inc., Raymond Kalmar, Paul Murphy, Michelle Polly-Murphy, TD Therapeutic, Inc. filing fee $ 400, receipt number NYEDC-11429917 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Nutriband, Inc.. (Dever, Joseph) |
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