Henry v. Nissin Foods (USA) Co., Inc.
| Stephanie Henry |
| Nissin Foods (USA) Co., Inc. |
| 1:2022cv00363 |
| January 21, 2022 |
| US District Court for the Eastern District of New York |
| Nicholas G Garaufis |
| Ramon E Reyes |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Filing 30 CLERK'S JUDGMENT that Defendant's motion to dismiss the Complaint is granted in its entirely; and that all of Plaintiff's claims are dismissed with prejudice. Signed Brenna B. Mahoney, Clerk of Court by Jalitza Poveda, Deputy Clerk on 3/21/2023. (TLH) |
Filing 29
MEMORANDUM & ORDER, the court GRANTS Defendant's motion to dismiss the Complaint in its entirely. The court dismisses all of Plaintiff's claims with prejudice. So Ordered by Judge Nicholas G. Garaufis on 3/17/2023. (TLH)
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ORDER re #27 Report of Rule 26(f) Planning Meeting. The Court adopts the parties pre-trial schedule. See DKT. NO. #27 for all deadlines. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/10/2022. (Vertus, Miriam)
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| Filing 28 Fully Briefed MOTION to Dismiss for Failure to State a Claim by Nissin Foods (USA) Co., Inc.. (Attachments: #1 Memorandum of Law in Support of Nissin's Motion to Dismiss, #2 Declaration of Linda Chung in Support of Nissin's Motion to Dismiss, #3 Chung Decl. Ex. A - Chicken Cup Noodles, #4 Chung Decl. Ex. B - Shrimp Cup Noodles, #5 Chung Decl. Ex. C - Chicken Top Ramen, #6 Chung Decl. Ex. D - Teriyaki Beef Chow Mein, #7 Plaintiff's Opposition to Nissin's Motion to Dismiss, #8 Plaintiff's Opposition Ex. 1 - Q&A on MSG, #9 Plaintiff's Opposition Ex. 2 - FDA Backgrounder, #10 Nissin's Reply Memo of Law in Further Support of its Motion to Dismiss) (Hansson, Kurt) |
| Filing 27 REPORT of Rule 26(f) Planning Meeting (Franzini, Simon) |
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ORDER granting #26 Motion to Withdraw as Attorney. Attorney Alexander Van Dyke terminated Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/13/2022. (Reyes, Ramon)
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| Filing 26 Letter MOTION to Withdraw as Attorney Alex Van Dyke by Stephanie Henry. (Jacobson, Jonas) |
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Filing 25
ORDER granting #24 Motion for Extension of Time to File Response/Reply. Opposition due by 5/24/2022. Reply due by 6/6/2022. So Ordered by Judge Nicholas G. Garaufis on 5/12/2022. (Lee, Tiffeny)
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| Filing 24 Joint MOTION for Extension of Time to File Response/Reply by Stephanie Henry. (Franzini, Simon) |
| Filing 23 Corporate Disclosure Statement by Nissin Foods (USA) Co., Inc. identifying Corporate Parent Nissin Foods Holdings Co., Ltd. for Nissin Foods (USA) Co., Inc.. (Hansson, Kurt) |
| Filing 22 Joint MOTION for Extension of Time to File Scheduling Order and Hold Rule 26(f) Conference by Nissin Foods (USA) Co., Inc.. (Hansson, Kurt) |
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ORDER granting #22 Motion for Extension of Time to File. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/12/2022. (Reyes, Ramon)
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| Minute Entry for proceedings held before Judge Nicholas G. Garaufis: On March 29, 2022, the court held a pre-motion conference via videoconference. Counsel for all parties present. The court GRANTED Defendant's application to file a motion to dismiss. The court ORDERED a briefing schedule as follows: Defendant will serve its motion by April 29, 2022; Plaintiff will serve its response by May 20, 2022; and Defendant shall file its reply and the fully briefed motion with courtesy copies to the court by June 1, 2022. (Court Reporter: Georgette Betts) (Katz, Jennifer) |
| Filing 21 Letter addressed to Judge Garaufis from Simon Franzini dated March 22, 2022 re: Response to Defendant's 3/8/22 Letter by Stephanie Henry (Franzini, Simon) |
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Filing 20
ORDER granting #19 Motion for Extension of the scheduling order deadline by 30 days until May 4, 2022. So Ordered by Judge Nicholas G. Garaufis on 3/10/2022. (Lee, Tiffeny)
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| Filing 19 Joint MOTION for Extension of Time to File Scheduling Order and Hold Rule 26(f) Conference by Nissin Foods (USA) Co., Inc.. (Hansson, Kurt) |
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ORDER: Defendant's #18 application for a pre-motion conference regarding a motion to dismiss is GRANTED. The parties are DIRECTED to contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the pre-motion conference. Ordered by Judge Nicholas G. Garaufis on 3/9/2022. (Katz, Jennifer)
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| Filing 18 MOTION for pre motion conference on Nissin's Motion to Dismiss the Complaint by Nissin Foods (USA) Co., Inc.. (Hansson, Kurt) |
| Filing 17 NOTICE of Appearance by Charles Andre Patrizia on behalf of Nissin Foods (USA) Co., Inc. (notification declined or already on case) (Patrizia, Charles) |
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ORDER granting #16 Motion for Charles A. Patrizia Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online 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 the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/25/2022. (Vertus, Miriam)
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| Filing 16 MOTION to Appear Pro Hac Vice of Charles A. Patrizia Filing fee $ 150, receipt number ANYEDC-15320754. by Nissin Foods (USA) Co., Inc.. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing, #3 Proposed Order) (Patrizia, Charles) |
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ORDER granting #14 Motion for Alexander Van Dyke Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online 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 the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/22/2022. (Vertus, Miriam)
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| Filing 15 NOTICE of Appearance by Alexander Van Dyke on behalf of Stephanie Henry (notification declined or already on case) (Van Dyke, Alexander) |
| Filing 14 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15306813. by Stephanie Henry. (Attachments: #1 Declaration, #2 Certificate of Good Standing) (Van Dyke, Alexander) |
| Filing 13 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15306359. by Stephanie Henry. (Attachments: #1 Declaration, #2 Certificate of Good Standing) (Broslavsky, Zack) |
| Filing 12 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15305073. by Stephanie Henry. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Franzini, Simon) |
| Filing 11 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15304896. by Stephanie Henry. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Jacobson, Jonas) |
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ORDER granting #11 Motion for Jonas B. Jacobson Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online 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 the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/18/2022. (Vertus, Miriam)
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ORDER granting #13 Motion for Zack Broslavsky Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online 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 the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/18/2022. (Vertus, Miriam)
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ORDER granting #12 Motion for Simon C. Franzini Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online 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 the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/18/2022. (Vertus, Miriam)
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| Filing 10 NOTICE of Appearance by Zack Broslavsky on behalf of Stephanie Henry (aty to be noticed) (Broslavsky, Zack) |
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ORDER granting #8 MOTION for Nissin Foods (USA) Co., Inc., Extension of Time to File Answer or Otherwise Respond to the Complaint by 3/14/2022. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/3/2022. (Vertus, Miriam)
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| Filing 9 NOTICE of Appearance by James Lysander Ferguson on behalf of Nissin Foods (USA) Co., Inc. (aty to be noticed) (Ferguson, James) |
| Filing 8 MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint by Nissin Foods (USA) Co., Inc.. (Hansson, Kurt) |
| Filing 7 NOTICE of Appearance by Kurt W. Hansson on behalf of Nissin Foods (USA) Co., Inc. (aty to be noticed) (Hansson, Kurt) |
| Filing 6 SUMMONS Returned Executed by Stephanie Henry. Nissin Foods (USA) Co., Inc. served on 1/21/2022, answer due 2/11/2022. (Franzini, Simon) |
| Filing 5 NOTICE of Appearance by Jonas Bram Jacobson on behalf of Stephanie Henry (aty to be noticed) (Jacobson, Jonas) |
| 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) |
| 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) |
| Filing 2 Summons Issued as to Nissin Foods (USA) Co., Inc.. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Nissin Foods (USA) Co., Inc. filing fee $ 402, receipt number ANYEDC-15215927 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Stephanie Henry. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Franzini, Simon) |
| Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Ramon E. Reyes, Jr. 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) |
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