Mitchell v. NutriBullet, LLC et al
| Gail Mitchell |
| NutriBullet, LLC, Homeland Housewares, LLC and Capital Brands LLC |
| 1:2023cv03706 |
| May 18, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Allyne R Ross |
| Vera M Scanlon |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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Filing 16
ORDER: The Court adopts the parties' proposed case management plan, see ECF No. #15 , as the Court's scheduling order required by Rule 16(b). Ordered by Judge Hector Gonzalez on 7/6/2023. (BH)
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| Filing 15 Letter Joint Letter to Judge Gonzalez pursuant to the Court's May 30, 2023 Scheduling Order [ECF No. 7] by Gail Mitchell (Attachments: #1 (Proposed) Civil Case Management Plan) (Kaplan, Bruce) |
| Filing 14 ANSWER to #13 Amended Complaint by Capital Brands LLC, Homeland Housewares, LLC, NutriBullet, LLC. (Haworth, Scott) |
| Filing 13 AMENDED COMPLAINT against Capital Brands LLC, Homeland Housewares, LLC, NutriBullet, LLC, filed by Gail Mitchell. (Kaplan, Bruce) |
| Filing 12 Letter to Judge Gonzalez in response to May 19, 2023 Order by Gail Mitchell (Attachments: #1 Exhibit A - Affidavits of Service as to Defendants Capital Brands, LLC and Nutribullet, LLC, #2 Exhibit B - Affidavit of Service as to Defendant Homeland Housewares, LLC, #3 Exhibit C - Email from counsel for Defendants, dated May 31, 2023) (Kaplan, Bruce) |
| Filing 11 NOTICE of Appearance by Constantinos James Tsanatelis on behalf of Capital Brands LLC, Homeland Housewares, LLC, NutriBullet, LLC (aty to be noticed) (Tsanatelis, Constantinos) |
| Filing 10 NOTICE of Appearance by Scott L. Haworth on behalf of Capital Brands LLC, Homeland Housewares, LLC, NutriBullet, LLC (notification declined or already on case) (Haworth, Scott) |
| Filing 9 MOTION for Extension of Time to File Answer by Capital Brands LLC, Homeland Housewares, LLC, NutriBullet, LLC. (Haworth, Scott) |
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ORDER: The Court grants Defendants' motion for an extension of time. See ECF No. #9 . Defendants' deadline to file their answer(s) or to otherwise respond to Plaintiff's forthcoming amended complaint is June 30, 2023. The parties' deadline to file the joint letter and proposed case management plan required by the Court's scheduling order remains July 5, 2023. See ECF No. #7 . Ordered by Judge Hector Gonzalez on 6/2/2023. (BH)
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| Filing 8 Letter to Judge Gonzalez in response to May, 22, 2023 Order (resubmitted to include attachments) by Gail Mitchell (Attachments: #1 Attachment A - Corporate Disclosure Statement filed on September 7, 2022 in Blair v. NutriBullet, LLC et al, 8:22-cv-00921 in the Middle District of Florida, #2 Attachment B - Verified Amended Complaint filed on April 23, 2021 in Capital Brands Holdings, Inc., v. Klausner, 2021-0230-MTZ, in the Chancery Court of Delaware) (Kaplan, Bruce) |
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Filing 7
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by July 5, 2023, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiff's counsel shall notify Defendants' counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendants' deadline to answer or otherwise respond to Plaintiff's complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer(s) to set a discovery schedule. Ordered by Judge Hector Gonzalez on 5/30/2023. (BH)
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| Filing 6 Letter to Judge Gonzalez in response to May, 22, 2023 Order by Gail Mitchell (Kaplan, Bruce) |
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ORDER: Based on the factual assertions made in Plaintiff's letter, see ECF No. #6 , complete diversity of citizenship exists between the parties in this case. Plaintiff shall file an amended complaint on or before June 9, 2023, that properly alleges the states of citizenship of each of the limited liability company Defendants based on the citizenship of their members. Ordered by Judge Hector Gonzalez on 5/30/2023. (BH)
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ORDER: Plaintiff commenced this lawsuit against three limited liability company defendants based on the Court's diversity jurisdiction. Plaintiff's complaint alleges only that "Defendants are California Limited Liability Corporations with their principal place of business and principal offices in Los Angeles, CA" without identifying Defendants' members. See ECF No. #1 . However, the citizenship of a limited liability company is not defined by its principal place of business and the state's law under which it is organized. Instead, a limited liability company "takes the citizenship of all of its members." Platinum-Montaur Life Scis., LLC v. Navidea Biopharms., Inc., 943 F.3d 613, 615 (2d Cir. 2019).Plaintiff shall file a letter no longer than three pages on or before May 30, 2023, explaining whether she is capable of amending her complaint to allege the identity of the members of each Defendant and, to the extent any of their members is a limited liability company, partnership, or other pass-through entity for diversity jurisdiction purposes, whether Plaintiff can allege the identities of those entities' members or partners, continuing up the chain of ownership, until Plaintiff has alleged the states of citizenship of all the natural persons or corporations that dictate each Defendant's states of citizenship. If Plaintiff is not able to allege these facts, her letter must explain why the Court should not dismiss her complaint for failure adequately to allege diversity jurisdiction. Ordered by Judge Hector Gonzalez on 5/22/2023. (BH)
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| Case no longer referred to Magistrate Judge Vera M. Scanlon. (KD) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Hector Gonzalez for all further proceedings. Judge Allyne R. Ross 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 5/19/2023. (KD)
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ORDER: Plaintiff shall file a letter no longer than three pages on or before June 8, 2023, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause.The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 5/19/2023. (BH)
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| Filing 5 NOTICE of Appearance by David Joseph Ranzenhofer on behalf of Gail Mitchell (aty to be noticed) (Ranzenhofer, David) |
| Filing 4 Summons Issued as to Capital Brands LLC, Homeland Housewares, LLC, NutriBullet, LLC. (Attachments: #1 Summons, #2 Summons) (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 2 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. (KD) |
| Filing 1 COMPLAINT against Capital Brands LLC, Homeland Housewares, LLC, NutriBullet, LLC filing fee $ 402, receipt number ANYEDC-16712159 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Gail Mitchell. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons as to NutriBullet, LLC, #3 Proposed Summons as to Homeland Housewares, LLC, #4 Proposed Summons as to Capital Brands LLC) (Kaplan, Bruce) |
| Case Assigned to Judge Allyne R. Ross and Magistrate Judge Vera M. Scanlon. 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. (KD) |
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