Henry v. Nissin Foods (USA) Co., Inc.
Plaintiff: Stephanie Henry
Defendant: Nissin Foods (USA) Co., Inc.
Case Number: 1:2022cv00363
Filed: January 21, 2022
Court: US District Court for the Eastern District of New York
Presiding Judge: Nicholas G Garaufis
Referring Judge: Ramon E Reyes
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-(Citizenship)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 21, 2023 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)
March 17, 2023 Opinion or Order 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)
June 14, 2022 Opinion or Order 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)
June 6, 2022 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)
June 1, 2022 Filing 27 REPORT of Rule 26(f) Planning Meeting (Franzini, Simon)
May 13, 2022 Opinion or Order 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)
May 12, 2022 Filing 26 Letter MOTION to Withdraw as Attorney Alex Van Dyke by Stephanie Henry. (Jacobson, Jonas)
May 12, 2022 Opinion or Order 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)
May 11, 2022 Filing 24 Joint MOTION for Extension of Time to File Response/Reply by Stephanie Henry. (Franzini, Simon)
April 29, 2022 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)
April 12, 2022 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)
April 12, 2022 Opinion or Order ORDER granting #22 Motion for Extension of Time to File. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/12/2022. (Reyes, Ramon)
March 29, 2022 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)
March 22, 2022 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)
March 10, 2022 Opinion or Order 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)
March 9, 2022 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)
March 9, 2022 Opinion or Order 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)
March 8, 2022 Filing 18 MOTION for pre motion conference on Nissin's Motion to Dismiss the Complaint by Nissin Foods (USA) Co., Inc.. (Hansson, Kurt)
February 25, 2022 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)
February 25, 2022 Opinion or Order 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)
February 24, 2022 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)
February 22, 2022 Opinion or Order 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)
February 18, 2022 Filing 15 NOTICE of Appearance by Alexander Van Dyke on behalf of Stephanie Henry (notification declined or already on case) (Van Dyke, Alexander)
February 18, 2022 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)
February 18, 2022 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)
February 18, 2022 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)
February 18, 2022 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)
February 18, 2022 Opinion or Order 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)
February 18, 2022 Opinion or Order 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)
February 18, 2022 Opinion or Order 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)
February 16, 2022 Filing 10 NOTICE of Appearance by Zack Broslavsky on behalf of Stephanie Henry (aty to be noticed) (Broslavsky, Zack)
February 3, 2022 Opinion or Order 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)
February 2, 2022 Filing 9 NOTICE of Appearance by James Lysander Ferguson on behalf of Nissin Foods (USA) Co., Inc. (aty to be noticed) (Ferguson, James)
February 2, 2022 Filing 8 MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint by Nissin Foods (USA) Co., Inc.. (Hansson, Kurt)
February 2, 2022 Filing 7 NOTICE of Appearance by Kurt W. Hansson on behalf of Nissin Foods (USA) Co., Inc. (aty to be noticed) (Hansson, Kurt)
January 26, 2022 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)
January 21, 2022 Filing 5 NOTICE of Appearance by Jonas Bram Jacobson on behalf of Stephanie Henry (aty to be noticed) (Jacobson, Jonas)
January 21, 2022 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)
January 21, 2022 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)
January 21, 2022 Filing 2 Summons Issued as to Nissin Foods (USA) Co., Inc.. (Bowens, Priscilla)
January 21, 2022 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)
January 21, 2022 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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Plaintiff: Stephanie Henry
Represented By: Jonas Bram Jacobson
Represented By: Simon Carlo Franzini
Represented By: Alexander Van Dyke
Represented By: Zack Broslavsky
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Defendant: Nissin Foods (USA) Co., Inc.
Represented By: Charles Andre Patrizia
Represented By: James Lysander Ferguson
Represented By: Kurt W. Hansson
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