Foster v. Whole Foods Market, Inc.
| Julian Foster |
| Whole Foods Market, Inc. and Whole Foods Market Group, Inc. |
| 1:2022cv01240 |
| March 7, 2022 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Edward R Korman |
| Robert M Levy |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 3, 2023. A more recent docket listing may be available from PACER.
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Filing 25
ORDER granting #21 Motion to Dismiss for Failure to State a Claim Ordered by Judge Edward R. Korman on 2/3/2023. (AM)
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ORDER REASSIGNING CASE. Case reassigned to Judge Edward R. Korman for all further proceedings. Chief Judge Margo K. Brodie no longer assigned to 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.Ordered by Chief Judge Margo K. Brodie on 11/28/2022. (KD)
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| Filing 24 Letter re Completion of Motion to Dismiss Briefing by Whole Foods Market Group, Inc. (Adams, David) |
| Filing 23 MEMORANDUM in Opposition re #21 MOTION to Dismiss for Failure to State a Claim filed by Julian Foster. (Abiri, Robert) |
| Filing 22 REPLY in Support re #21 MOTION to Dismiss for Failure to State a Claim filed by Whole Foods Market Group, Inc.. (Adams, David) |
| Filing 21 MOTION to Dismiss for Failure to State a Claim by Whole Foods Market Group, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit Request for Judicial Notice in Support of Motion to Dismiss, #3 Exhibit to Request for Judicial Notice, Product Label) (Adams, David) |
| Filing 20 Letter re Opposition to Motion to Dismiss by Julian Foster (Abiri, Robert) |
| Filing 19 Letter re Motion to Dismiss by Whole Foods Market Group, Inc. (Adams, David) |
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ORDER: The Court adopts the parties' stipulated briefing schedule for Defendant's motion to dismiss, and as a courtesy to the Court, requests that the parties file the fully-briefed motion on or before July 29, 2022. Ordered by Chief Judge Margo K. Brodie on 5/11/2022. (Acquie, Dianisbeth)
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| Filing 18 STIPULATION re Briefing Schedule for Motion to Dismiss FAC by Whole Foods Market Group, Inc. (Adams, David) |
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ORDER denying #16 Motion for Pre Motion Conference. The Court dismisses Plaintiff's claim for injunctive relief without prejudice, per #17 Plaintiff's letter, which withdraws the claim. The parties shall confer and submit a proposed briefing schedule for Defendant's motion to dismiss on or before May 11, 2022. Ordered by Chief Judge Margo K. Brodie on 5/4/2022. (Acquie, Dianisbeth)
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| Filing 17 Letter Response to Defendant's Letter Re Pre-Motion Conference by Julian Foster (Abiri, Robert) |
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ORDER re #16 Letter MOTION for pre motion conference. Plaintiff is directed to respond on or before 5/6/2022. Ordered by Chief Judge Margo K. Brodie on 4/29/2022. (Acquie, Dianisbeth)
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| Filing 16 Letter MOTION for pre motion conference re #14 Amended Complaint by Whole Foods Market Group, Inc.. (Adams, David) |
| Filing 15 Letter Response to Defendant's Letter Re Pre-Motion Conference by Julian Foster (Abiri, Robert) |
| Filing 14 AMENDED COMPLAINT against Whole Foods Market Group Inc., filed by Julian Foster. (Abiri, Robert) Modified on 4/18/2022 to correct the name of the defendant added with Amended Complaint (Piper, Francine). |
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Filing 13
STIPULATION AND ORDER REGARDING FIRST AMENDED COMPLAINT. It is hereby Ordered that Plaintiff is granted leave to amend to file his FAC, a copy of which is attached to the Parties' stipulation as Exhibit "A.". It is Further Ordered Plaintiff's amendment does not constitute his single amendment as a matter of course pursuant to Fed. R. Civ. P. 15(a)(1). So Ordered by Chief Judge Margo K. Brodie on 4/14/2022. (Piper, Francine)
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ORDER re #12 letter motion for pre motion conference. The Court orders Plaintiff to respond to Defendant's letter on or before April 21, 2022. Ordered by Chief Judge Margo K. Brodie on 4/14/2022. (Acquie, Dianisbeth)
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| Filing 12 Letter Re Pre-Motion Conference by Whole Foods Market, Inc. (Adams, David) |
| Filing 11 NOTICE of Appearance by Brian Richard Blackman on behalf of Whole Foods Market, Inc. (notification declined or already on case) (Blackman, Brian) |
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ORDER granting #9 Motion for 15-Day Extension of Time to Answer. Ordered by Magistrate Judge Robert M. Levy on 4/4/2022. (Marino, Janine)
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Filing 10
STIPULATION AND ORDER REGARDING FIRST AMENDED COMPLAINT by Julian Foster (Attachments: #1 Exhibit Ex. A - First Amended Complaint) (Abiri, Robert)
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| Filing 9 MOTION for Extension of Time to File Answer re #1 Complaint, by Whole Foods Market, Inc.. (Adams, David) |
| Filing 8 NOTICE of Appearance by David Philip Adams on behalf of Whole Foods Market, Inc. (notification declined or already on case) (Adams, David) |
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ORDER granting #6 Motion for 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 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 3/25/2022. (Marino, Janine)
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ORDER granting #7 Motion for 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 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 3/25/2022. (Marino, Janine)
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| Filing 7 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15407668. by Whole Foods Market, Inc.. (Attachments: #1 Affidavit in Support, #2 Exhibit, #3 Proposed Order) (Blackman, Brian) |
| Filing 6 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15407565. by Whole Foods Market, Inc.. (Attachments: #1 Proposed Order Granting D. Adams Admission to Practice Pro Hac Vice, #2 Affidavit in Support of D. Adams Motion to Appear Pro Hac Vice, #3 Exhibit D. Adams Certificate of Good Standing) (Adams, David) |
| Filing 5 SUMMONS Returned Executed by Julian Foster. Whole Foods Market, Inc. served on 3/8/2022, answer due 3/29/2022. (Abiri, Robert) |
| 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 Whole Foods Market, Inc.. (Bowens, Priscilla) |
| Case Assigned to Chief Judge Margo K. Brodie and Magistrate Judge Robert M. Levy. 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 1 COMPLAINT against Whole Foods Market, Inc. filing fee $ 402, receipt number ANYEDC-15352866 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Julian Foster. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Abiri, Robert) |
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