Vuxton v. Revive Organics, Inc., et al
| Emily Vuxton |
| Revive Organics, Inc. doing business as Revive Superfoods, Miski Organics Superfoods, Inc., Peruvian Nature S&S SAC and Molinos Asociados SAC |
| 1:2024cv01544 |
| February 29, 2024 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Pamela K Chen |
| Nina R Morrison |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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ORDER: The April 30, 2024 status conference will start at the updated time of 10:00 a.m., via video. (See 4/16/2024 Docket Order.) The Court will send the parties the Zoom link in advance of the conference. The public may listen in via telephone at 1 (646) 828-7666, Meeting ID 160 990 9027, Passcode 660780. Ordered by Judge Pamela K. Chen on 4/25/2024. Associated Cases: 1:22-cv-04362-PKC-SJB, 1:23-cv-05350-PKC-SJB, 1:24-cv-01544-PKC-SJB, 1:24-cv-01963-PKC-SJB, 1:24-cv-02260-PKC-SJB (AH)
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ORDER: The Court is in receipt of Plaintiff Stevenson's 84 letter motion, on consent, to extend the time to respond to Defendant Revive's request for a pre-motion conference on its anticipated motion to dismiss Plaintiff Stevenson's complaint. The Court grants Plaintiff Stevenson's request for good cause shown and directs Plaintiff Stevenson to file a response on the lead docket (Eletribi v. Revive Organics, Inc., 22-CV-4362), by April 24, 2024. The Court further notes Defendant Revive's requests for a pre-motion conference filed in Lut v. Revive Organics, Inc., 24-CV-2260, and Vuxton v. Revive Organics, Inc., 24-CV-1544. The Court directs Defendant Revive to re-file those letters on the lead docket (Eletribi, 22-CV-4362). (See 4/16/2024 Docket Order.) Plaintiffs Lut and Vuxton may file their responses, also on the lead docket (Eletribi, 22-CV-4362), by April 24, 2024. Ordered by Judge Pamela K. Chen on 4/18/2024. Associated Cases: 1:22-cv-04362-PKC-SJB, 1:24-cv-01544-PKC-SJB, 1:24-cv-02260-PKC-SJB (AH)
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| Filing 23 MOTION for pre motion conference by Revive Organics, Inc.. (Fama, Richard) |
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ORDER: The parties in the lead case (Eletribi v. Revive Organics, Inc., 22-CV-4362) and in all consolidated cases (Holup v. Revive Organics, Inc., 23-CV-5350; Vuxton v. Revive Organics, Inc., 24-CV-1544; Stevenson v. Miski Organics Superfoods, Inc., 24-CV-1963; and Lut v. Revive Organics, Inc., 24-CV-2260) shall appear for a status conference on April 30, 2024, at 11:30 a.m., via video. At the conference, the parties should be prepared to discuss potential consolidation of all claims and deadlines in these matters. Further, in light of the Court's consolidation order and the upcoming conference, all upcoming deadlines in the lead and consolidated cases are temporarily adjourned without date. The Court will send the parties the Zoom link in advance of the conference. The public may listen in via telephone at 1 (646) 828-7666, Meeting ID 160 990 9027, Passcode 660780. Ordered by Judge Pamela K. Chen on 4/16/2024. Associated Cases: 1:22-cv-04362-PKC-SJB, 1:23-cv-05350-PKC-SJB, 1:24-cv-01544-PKC-SJB, 1:24-cv-01963-PKC-SJB, 1:24-cv-02260-PKC-SJB (AH)
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ORDER: Having taken into consideration both equity and judicial economy, the Court consolidates the following cases pursuant to Rule 42(a) of the Federal Rules of Civil Procedure: Stevenson v. Miski Organics Superfoods, Inc., 24-CV-1963, Lut v. Revive Organics, Inc. et al, 24-CV-2260, Vuxton v. Revive Organics, Inc., et al, 24-CV-1544, and Eletribi v. Revive Organics, Inc., 22-CV-4362. See Devlin v. Transp. Commc'ns Int'l Union, 175 F.3d 121, 130 (2d Cir. 1999). All filings should be made in the lead case, 22-CV-4362. The Clerk of Court is respectfully directed to consolidate these cases and terminate dockets 24-CV-1963, 24-CV-2260, and 24-CV-1544. Ordered by Judge Pamela K. Chen on 4/15/2024. Associated Cases: 1:22-cv-04362-PKC-SJB, 1:24-cv-01544-PKC-SJB, 1:24-cv-01963-PKC-SJB, 1:24-cv-02260-PKC-SJB. (FG)
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| Filing 22 NOTICE of Appearance by Joel Michael Maxwell on behalf of Revive Organics, Inc. (aty to be noticed) (Maxwell, Joel) |
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RE-SCHEDULING ORDER: The telephonic-initial conference scheduled for 5/3/2024 is adjourned to 5/24/2024 at 11:30 A.M. before Magistrate Judge Sanket J. Bulsara. The parties are directed to join the conference by dialing 1-646-828-7666, Meeting ID:161-2168-2308, and passcode: 542698. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report #19 and electronically file same with the Court no later than 5/21/2024. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/2/2024. (EM)
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| Filing 21 NOTICE of Appearance by Paul V. Nunes on behalf of Emily Vuxton (aty to be noticed) (Nunes, Paul) |
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ORDER: The motion for extension of time to file #20 is granted. Defendant Miski Organics's answer is due on 5/1/24. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/27/2024. (MEG)
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| Filing 20 MOTION for Extension of Time to File Answer re #1 Complaint, by Miski Organics Superfoods, Inc.. (Ross, Mathew) |
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Filing 19
SCHEDULING ORDER: A telephonic initial conference will be held at 11:30 A.M. on 5/03/2024 before Magistrate Judge Sanket J. Bulsara. The parties are to join the conference by dialing 1-646-828-7666, Meeting ID:161-2168-2308, and Passcode: 542698. The parties shall dial in five (5) minutes before the conference. Plaintiff is directed to notify Defendants of this scheduling order at the time defendants make an appearance with in this matter. Counsel are also directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 4/28/2024 . Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/21/2024. (EM)
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ORDER REASSIGNING CASE. Case reassigned to Judge Pamela K. Chen for all further proceedings. Judge Nina R. Morrison 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 3/4/2024. (CV)
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| Filing 18 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CV) |
| Filing 17 Case transferred in from District of Louisiana Eastern; Case Number 2:23-cv-02308. Original file certified copy of transfer order and docket sheet received. |
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Filing 16
ORDER: Case transferred to District of New York Eastern. Signed by Judge Wendy B Vitter on 2/29/2024.(mmm) [Transferred from Louisiana Eastern on 2/29/2024.]
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| The case of Vuxton v. Revive Organics, Inc., et al, has been transferred from Eastern District of Louisiana to the Eastern District of New York. The new case number is 24-cv-1544. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (CV) |
| Filing 15 EXPARTE/CONSENT MOTION to Change Venue by Emily Vuxton. (Attachments: #1 Proposed Order)(Whaley, John) [Transferred from Louisiana Eastern on 2/29/2024.] |
| Filing 14 NOTICE of Voluntary Dismissal Without Prejudice as to Peruvian Nature S & S SAC and Molinos Asociados SAC by Emily Vuxton. (Whaley, John) [Transferred from Louisiana Eastern on 2/29/2024.] |
| Filing 13 WAIVER OF SERVICE Returned Executed; waiver sent to Revive Organics, Inc. on 1/18/2024, answer due 4/17/2024. (Whaley, John) [Transferred from Louisiana Eastern on 2/29/2024.] |
| Filing 12 WAIVER OF SERVICE Returned Executed; waiver sent to Miski Organics Superfoods, Inc. on 1/26/2024, answer due 4/25/2024. (Whaley, John) [Transferred from Louisiana Eastern on 2/29/2024.] |
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Filing 11
SECOND ORDER TO SHOW CAUSE: ON OR BEFORE FEBRUARY 28, 2024 plaintiff shall file proof of service or show good cause, in writing, why the defendants, Revive Organics, Inc., Miski Organics Superfoods, Inc., Peruvian Nature S & S SAC and Molinos Asociados SAC should not be dismissed for failure to prosecute pursuant to FRCP. Plaintiff shall further advise, in writing, the steps it has taken to serve the foreign defendants. Failure to comply with this Order of the Court, or show good cause in writing as to why these defendants should not be dismissed, may result in dismissal without prejudice of defendants, Revive Organics, Inc., Miski Organics Superfoods, Inc., Peruvian Nature S & S SAC and Molinos Asociados SAC and/or this case. Signed by Judge Wendy B Vitter on 1/31/2024.(mmv) [Transferred from Louisiana Eastern on 2/29/2024.]
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| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE by Emily Vuxton (Whaley, John) [Transferred from Louisiana Eastern on 2/29/2024.] |
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Filing 9
ORDER TO SHOW CAUSE: ON OR BEFORE OCTOBER 24, 2023, plaintiff shall file proof of service or show good cause, in writing, why the defendants, Revive Organics, Inc., Miski Organics Superfoods, Inc., Peruvian Natura S & S SAC and/or Molinos Asociados SAC should not be dismissed for failure to prosecute pursuant to FRCP 4(m). Failure to comply with this Order of the Court or, show good cause in writing as to why this matter should not be dismissed, may result in dismissal without prejudice of the named defendant(s) and/or of the case. Signed by Judge Wendy B Vitter on 10/10/2023.(mmv) [Transferred from Louisiana Eastern on 2/29/2024.]
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| Filing 8 Rule 7.1 Disclosure Statement by Emily Vuxton . (Whaley, John) Modified text on 7/12/2023 (mmv). [Transferred from Louisiana Eastern on 2/29/2024.] |
| Filing 7 AMENDED COMPLAINT with Jury Demand filed pursuant to Order, rec. doc. 6 against All Defendants filed by Emily Vuxton.(Whaley, John) Modified text on 7/10/2023 (mmv). [Transferred from Louisiana Eastern on 2/29/2024.] |
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Filing 6
ORDER: On July 3, 2023, Emily Vuxton filed a Complaint in this Court against Revive Organics, Inc. d/b/a Revive Superfoods (hereafter, "Revive Superfoods"), Miski Organics Superfoods, Inc., and Peruvian Nature S&S SAC, asserting that the Court has diversity jurisdiction over her personal injury claims. The Complaint, however, fails to properly allege the citizenship of the parties. Specifically, Plaintiff failed to allege her domicile2 and failed to allege what form of entity the three defendants are. IT IS HEREBY ORDERED that plaintiff, Emily Vuxton, shall have seven (7) days from the date of this Order to file a disclosure statement pursuant to Fed. R. Civ. P. 7.1(a)(2) and to file a comprehensive amended complaint, without further leave of Court, properly setting forth the citizenship particulars of all of the parties, as required to establish that the Court has diversity jurisdiction over this case under 28 U.S.C. 1332(a).. Signed by Judge Wendy B Vitter on 7/6/23.(cg) [Transferred from Louisiana Eastern on 2/29/2024.]
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| Filing 5 Summons Issued as to Miski Organics Superfoods, Inc., Molinos Asociados SAC, Peruvian Nature S&S SAC, Revive Organics, Inc. (Attachments: #1 Summons, #2 Summons, #3 Summons)(mmv) [Transferred from Louisiana Eastern on 2/29/2024.] |
| Filing 4 Correction of Docket Entry by Clerk re #3 Civil Cover Sheet Submitted. ** The summons should have been filed as their own docket entry using the event Summons Submitted for Issuance. No further action necessary.** (mmv) [Transferred from Louisiana Eastern on 2/29/2024.] |
| Filing 3 Civil Cover Sheet Submitted (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(Whaley, John) [Transferred from Louisiana Eastern on 2/29/2024.] |
| Filing 2 Initial Case Assignment to Judge Wendy B Vitter and Magistrate Judge Michael North. (kls) [Transferred from Louisiana Eastern on 2/29/2024.] |
| Filing 1 COMPLAINT with jury demand against All Defendants (Filing fee $ 402 receipt number BLAEDC-10010740) filed by Emily Vuxton. Attorney John Randall Whaley added to party Emily Vuxton(pty:pla).(Whaley, John) Modified text on 7/5/2023 (mmv). [Transferred from Louisiana Eastern on 2/29/2024.] |
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