Manemeit v. Gerber Products Co.
| Manemeit and Wendy Manemeit |
| Gerber Products Co. and Gerber Products Co. a corporation doing business as Nestle Nutrition doing business as Nestle Infant Nutrition doing business as Nestle Nutrition North America |
| 2:2017cv00093 |
| January 6, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F Bianco |
| Margo K Brodie |
| Eric R Komitee |
| Ramon E Reyes |
| Anne Y Shields |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 14, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Case Reassigned to Judge Eric R. Komitee. Judge Margo K. Brodie no longer assigned to the 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. (Mahoney, Brenna)
|
|
Filing 59
ORDER granting (152) Motion to AMEND CONSOLIDATED CASE SCHEDULING ORDER in case 1:15-cv-02995-MKB-RER; granting (64) Motion to Amend/Correct/Supplement in case 1:16-cv-01153-MKB-RER; granting (58) Motion to Amend/Correct/Supplement in case 2:17-cv-00093-MKB-RER in case 1:15-cv-02995-MKB-RER in case 1:16-cv-01153-MKB-RER in case 2:17-cv-00093-MKB-RER. (See attached for details). So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/1/2019. (Vertus, Miriam)
|
|
Filing 58
Joint MOTION to Amend/Correct/Supplement #50 Order and Joint Mediation Status Report by Gerber Products Co.. (Attachments: #1 Proposed Order) (Castello, Geoffrey)
|
|
Filing 57
REPLY in Support of Plaintiffs' motion for supplemental class notice (Hasemann ECF No. 145) filed by Wendy Manemeit. (Attachments: #1 Declaration of Shoshana Savett in further support of Plaintiffs' motion for supplemental class notice, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Greaves, Miles)
|
|
Filing 56
Letter addressed to Hon. Ramon E. Reyes, Jr. from Geoffrey W. Castello pursuant to Your Honor's direction of 7/22/2019 by Gerber Products Co. (Castello, Geoffrey)
|
|
Filing 55
MEMORANDUM in Opposition . DEFENDANT GERBER PRODUCTS COMPANYS MEMORANDUM OF LAW IN OPPOSITION TO CLASS REPRESENTATIVES MOTION FOR AN ORDER THAT PROVIDES SUPPLEMENTAL NOTICE filed by Gerber Products Co.. (Castello, Geoffrey)
|
|
Filing 54
NOTICE of Change of Address Once the filing has been made, you must login to www.pacer.gov and update your account. (Granade, George)
|
|
ORDER STAYING PARTY DISCOVERY: In light of anticipated private mediation, party discovery is stayed until 10/21/2019. Non-party discovery is not stayed. Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 7/22/2019. (Several, Emily)
|
|
Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Telephone Conference held on 7/22/2019. Appearances: Brett Cebulash, Esq., Miles Greaves, Esq., Carlos F. Ramirez, Esq., and Michael Reese, Esq., for Plaintiffs; Geoffrey Castello III, Esq., and Jaclyn Metzinger, Esq., for Defendant. Discussions held. Parties have agreed to private mediation and request 90 day stay of party discovery. Status Report due 14 days from date of mediation. (FTR Log #2:02:45-2:10:10.)
|
|
Set/Reset Hearings: Due to a conflict in the Court's calendar the 7/23/2019 Telephone Conference is rescheduled for July 22, 2019 at 2:00 PM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the toll-free number 1-888-684-8852 and access code 5496961# to participate in the scheduled conference. (Vertus, Miriam)
|
|
ORDER granting #53 Motion to Appoint Expert. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/27/2019. (Vertus, Miriam)
|
|
Filing 53
MOTION to Appoint Expert Class Representatives' Unopposed Motion for an Order That: (1) Appoints Angeion Group, LLC, as the Notice Provider and (2) Approves of the Notice Program by Wendy Manemeit. (Attachments: #1 Memorandum in Support of Unopposed Motion for: (1) Appointment of Angeion Group, LLC, as the Notice Provider and (2) Approval of the Proposed Notice Program, #2 Exhibit 1 - Long-form notice, #3 Exhibit 2 - Short-form notice, #4 Exhibit 3 - Sample banner ad, #5 Declaration of Steven Weisbrot of Angeion Group, LLC) (Reese, Michael)
|
|
Filing 52
ORDER granting #51 Motion for Extension of Time to File PLAINTIFFS' CLASS NOTICE. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/17/2019. (Vertus, Miriam)
|
|
Filing 51
Joint MOTION for Extension of Time to File Class Notice by Gerber Products Co.. (Attachments: #1 Proposed Order) (Castello, Geoffrey)
|
|
Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Telephone Conference held on 5/2/2019. Appearances: Kevin S. Landau, Esq., Miles Greaves, Esq., and Shoshana Savett, Esq., for Plaintiffs; David I. Zalman, Esq., Geoffrey White Castello, III, Esq., and Jaclyn Marie Metzinger, Esq., for Defendant. Discussions held. Proposed class notice due June 14, 2019. If the parties are not able to agree upon the text of the notice, Plaintiffs shall submit their proposed notice and a letter in support thereof by the June 14 deadline, and Defendant shall simultaneously submit a letter lodging its objections. Telephone Conference set for 7/23/2019 02:30 PM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the toll-free number 1-888-684-8852 and access code 5496961# to participate in the scheduled conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 5/2/2019. (FTR Log #2:29:43-2:42:15 (208N).) (Galpert, Aviva)
|
|
ORDER re April 2, 2019 Report and Recommendation, and 133 Letter Motion to Dismiss for Lack of Prosecution re: all claims asserted by Jeremy Greene. On April 1, 2019, the Court referred Defendant Gerber Product Co.'s Letter Motion to Dismiss for Lack of Prosecution re: all claims asserted by Jeremy Greene to Magistrate Judge Ramon E. Reyes, Jr. for a report and recommendation. On April 2, 2019, Judge Reyes issued a Report and Recommendation, recommending that the Court dismiss Greene's claims with prejudice for failure to prosecute, and ordering any objections to be filed on or before April 16, 2019 (the "R&R"). A district court may adopt those portions of the recommended ruling to which no timely objections have been made, provided no clear error is apparent from the face of the record. See John Hancock Life Ins. Co. v. Neuman, No. 15-CV-1358, 2015 WL 7459920, at *1 (E.D.N.Y. Nov. 24, 2015). No party has filed objections to the R&R, and the motion to dismiss is unopposed. Having reviewed the R&R for clear error, the Court adopts the recommendation pursuant to 28 U.S.C. 636(b)(1), grants Defendant's 133 motion, and dismisses Greenes claims in Jeremy Greene and Cetaria Wilkerson v. Gerber Products Co., No. 16-CV-1153. The Clerk of Court is directed to remove Jeremy Greene from the docket. Ordered by Judge Margo K. Brodie on 4/26/2019. (Brucella, Michelle)
|
|
Filing 50
AMENDED CONSOLIDATED CASE SCHEDULING ORDER. (see attach order for details). So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/15/2019. (Vertus, Miriam)
|
|
Filing 49
CERTIFICATE OF SERVICE by Gerber Products Co. re REPORT AND RECOMMENDATIONS re (1 in 1:16-cv-01153-MKB-RER) Complaint, filed by Cetaria Wilkerson, Jeremy Greene, (133 in 1:15-cv-02995-MKB-RER) Letter MOTION to Dismiss for Lack of Prosecution re: all claims asserted by Jeremy Greene filed (Metzinger, Jaclyn)
|
|
REPORT AND RECOMMENDATIONS re (1 in 1:16-cv-01153-MKB-RER) Complaint, filed by Cetaria Wilkerson, Jeremy Greene; (133 in 1:15-cv-02995-MKB-RER) Letter MOTION to Dismiss for Lack of Prosecution re: all claims asserted by Jeremy Greene filed by Gerber Products Co.; (57 in 1:16-cv-01153-MKB-RER) Letter MOTION to Dismiss for Lack of Prosecution re: all claims asserted by Jeremy Greene filed by Gerber Products Co.; (48 in 2:17-cv-00093-MKB-RER) Letter MOTION to Dismiss for Lack of Prosecution re: all claims asserted by Jeremy Greene filed by Gerber Products Co. On 11/8/2018, I granted the motion to withdraw as counsel for Jeremy Greene, which was filed as Docket Number 46 in 16-CV-1153. (Order dated 11/8/2018 in 16-CV-1153). (All citations to the docket are to the docket in 16-CV-1153 unless otherwise indicated.) That motion detailed counsel's ongoing efforts to contact Mr. Greene by telephone, email, and post. These efforts, which began "in early 2018," yielded no response, although the United States Postal Service confirmed that Mr. Greene had received at least some of counsel's communications. (Dkt. No. 46). Before granting the motion, I gave Mr. Greene a final opportunity to cooperate, putting him on notice that failure to appear at a scheduled telephone conference might result in my recommending that Your Honor dismiss his claims for failure to prosecute. (Order dated 9/17/2018). Mr. Greene failed to appear. (Minute Entry dated 11/8/2018). His lawyers having been terminated, Mr. Greene was left to proceed in this case pro se. His failure to make any appearance in the case or to retain substitute counsel prompted Defendant Gerber Products Company ("Gerber") to file a motion to dismiss his claims with prejudice for failure to prosecute. (Dkt. No. 57). Your Honor referred this motion to me for a report and recommendation. (Order dated 4/1/2019 in 15-CV-2995). The motion, which is unopposed, reports that Mr. Greene has not cooperated in discovery since late 2017. The motion further notes that Mr. Greene is not a representative of the recently certified class, meaning that dismissal of his claims would not prejudice any other plaintiff. I agree with Gerber that on these facts, each of the factors enumerated in Lewis v. Rawson militates in favor of dismissal of Plaintiff Greene's claims. 564 F.3d 248, 254 (2d Cir. 2004); (Dkt. No. 57 at 3-4). Accordingly, I respectfully recommend that the Court dismiss Mr. Greene's claims, with prejudice, for failure to prosecute. Defendant is directed to serve a copy of this R & R on Plaintiff Greene by regular and certified mail and to file proof of service on CM/ECF by 4/3/2019. Objections to R & R due by 4/16/2019. Failure to file timely objections may result in waiver. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 6(a), 6(e), 72; Small v. Secy of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989). Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 4/2/2019. (Galpert, Aviva)
|
|
SCHEDULING ORDER: Telephone Conference set for 5/2/2019 02:30 PM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the toll-free number 1-888-684-8852 and access code 5496961# to participate in the scheduled conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 4/2/2019. (Galpert, Aviva)
|
|
Filing 48
Letter MOTION to Dismiss for Lack of Prosecution re: all claims asserted by Jeremy Greene by Gerber Products Co.. (Attachments: #1 Certificate of Service) (Castello, Geoffrey)
|
|
Filing 47
CERTIFICATE OF SERVICE by Wendy Manemeit re #46 REPORT AND RECOMMENDATIONS re (67 in 1:15-cv-02995-MKB-RER) MOTION to Certify Class filed by Jennifer Hasemann (Ramirez, Carlos)
|
|
Filing 46
REPORT AND RECOMMENDATIONS re (67 in 1:15-cv-02995-MKB-RER) MOTION to Certify Class filed by Jennifer Hasemann. For the reasons set forth in the attached Report & Recommendation, I respectfully recommend that Your Honor certify the Florida and New York Sub-Classes and deny class certification for the other proposed Sub-Classes. Plaintiffs are directed to serve copies of this R&R on Defendant by regular and certified mail and promptly file proof of service with the Clerk of the Court. Objections to R&R due by 3/6/2019.Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 2/20/2019. (Galpert, Aviva)
|
|
Filing 45
Consent MOTION to Amend/Correct/Supplement #40 Stipulation by Gerber Products Co.. (Attachments: #1 Proposed Amended Scheduling Order) (Castello, Geoffrey)
|
|
Filing 44
Letter dated 12/11/2018 addressed to Hon. Ramon Reyes from Geoffrey W. Castello correcting two expert discovery deadlines in Gerber's Unopposed Motion for an Amended Case Scheduling Order #43 by Gerber Products Co. (Castello, Geoffrey)
|
|
ORDER granting (125) Motion to Amended Scheduling Order in case 1:15-cv-02995-MKB-RER; granting (54) Motion to Amended Scheduling Order in case 1:16-cv-01153-MKB-RER; granting (45) Motion to Amended Scheduling Order in case 2:17-cv-00093-MKB-RER: CORRECTED Unopposed Motion for an Amended Case Scheduling Order: The parties agreed that affirmative expert reports will be due June 28, 2019 (instead of May 17, 2019 as listed in the Motion) and that rebuttal expert reports will be due August 23, 2019 (instead of July 19, 2019 as listed in the Motion). All other dates listed in the Motion, including the April 30, 2019 deadline for fact discovery and the October 8, 2019 deadline for expert discovery, accurately reflect the parties agreement So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/11/2018. (Vertus, Miriam) Modified on 12/11/2018 (Vertus, Miriam).
|
|
ORDER granting #43 Motion to Amend/Correct/Supplement Case Scheduling Order Fact discovery closes 4/30/2019. All Discovery due by 10/8/2019. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/10/2018. (Vertus, Miriam)
|
|
Filing 43
Consent MOTION to Amend/Correct/Supplement #40 Stipulation by Gerber Products Co.. (Attachments: #1 Proposed Amended Scheduling Order) (Castello, Geoffrey)
|
|
Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Telephone Conference held on 11/8/2018. Appearances: Brett Cebulash, Esq., Miles Greaves, Esq., Carlos Ramirez, Esq. for Plaintiffs; David Zalman, Esq., Geoffrey Castello, III, Esq., Jaclyn Metzinger, Esq. for the Defendants. No appearance by Jeremy Greene. Discussions held. By 12/14/2018, Defendants must produce the documents outlined in the Court's 8/28/2018 order on the Plaintiffs' motion to compel ( 64 in case no. 15-cv-2995). (FTR Log #12:10:35-12:27:67.) (Strong, Ardis)
|
|
Filing 42
RESPONSE to Discovery Request from Defendant by Wendy Manemeit. (Greaves, Miles)
|
|
Filing 41
ORDER denying #45 Motion for Reconsideration in case 1:16-cv-01153-MKB-RER; denying #38 Motion for Reconsideration in case 2:17-cv-00093-MKB-RER. Plaintiffs have until 11/08/2018 to produce the records as discussed in the attached order or to submit an affidavit stating that such records do not exist. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/9/2018. (Strong, Ardis)
|
|
ORDER re ( 114 in 1:15-cv-02995) ( #49 in 16-cv-1153) ( #40 in 2:17-cv-0093). Stipulation and proposed amended case scheduling order SO ORDERED. Fact discovery closes 1/11/2019. All Discovery due by 6/21/2019. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 10/9/2018. (Strong, Ardis)
|
|
Filing 40
STIPULATION and [proposed] amended case scheduling order by Wendy Manemeit (Greaves, Miles)
|
|
Filing 39
RESPONSE in Opposition re #38 MOTION for Reconsideration re #37 Order on Motion to Compel,,, filed by Gerber Products Co.. (Castello, Geoffrey)
|
|
Filing 38
MOTION for Reconsideration re #37 Order on Motion to Compel,,, by Wendy Manemeit. (Greaves, Miles)
|
|
Filing 37
ORDER granting in part and denying in part (63) Motion to Compel; granting in part and denying in part (64) Motion to Compel in case 1:15-cv-02995-MKB-RER. For the reasons set forth in the attached order, the Defendant's motion to compel 63 is granted in part and denied in part, and the Plaintiffs' motion to compel 64 is granted in part and denied in part. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/28/2018. (Strong, Ardis)
|
|
ORDER granting #36 Motion for Extension of Time to File Response/Reply Stipulation and Proposed Amended Scheduling Order. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/5/2018. (Vertus, Miriam)
|
|
Filing 36
Joint MOTION for Extension of Time to File Response/Reply Stipulation and Proposed Amended Scheduling Order by Wendy Manemeit. (Granade, George)
|
|
ORDER granting #35 Motion for Extension of Time to File MOTIONS TO COMPEL CONCERNING OUTSTANDING PRIVILEGE DISPUTE. Parties have agreed that Plaintiffs shall have until September 14, 2018 to serve any motion to compel concerning Defendants privilege log and related assertions of privilege, with Defendants response due on September 25, 2018. The parties joint submission would be filed with the Court on September 25, 2018. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/2/2018. (Vertus, Miriam) Modified on 7/2/2018 (Vertus, Miriam).
|
|
Filing 35
Joint MOTION for Extension of Time to File MOTIONS TO COMPEL CONCERNING OUTSTANDING PRIVILEGE DISPUTE by Gerber Products Co.. (Castello, Geoffrey)
|
|
SO ORDERED re Case Management Statement ( #59 in 1:15-cv-02995-MKB-RER; #41 in 1:16-cv-01153-MKB-RER; #34 in 2:17-cv-00093-MKB-RER). Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 6/18/2018. (Strong, Ardis)
|
|
Filing 34
CASE MANAGEMENT STATEMENT (Greaves, Miles)
|
|
Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr. Telephone Conference held on 6/11/2018. Appearances by Brett Cebulash and Miles Greaves for the Plaintiffs and David Zalman and Geoffrey White Castello, III for the Defendant. Discussions held. Consolidated Case Management Statement due by 6/15/2018. Parties' motions to compel to be served by 6/22/2018. Responses due 7/3/2018. Parties are directed to file their motions as a joint letter addressing all unresolved discovery issues by 7/3/2018. Telephone Conference set for 11/8/2018 12:00 PM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the Toll Free number 1-888-684-8852 and Access Code 5496961# to participate in the scheduled conference. (FTR Log #12:00:39-12:20:38 (208N)) (Strong, Ardis)
|
|
SCHEDULING ORDER: Telephone Conference set for 6/11/2018 at 12:00 PM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the Toll Free number 1-888-684-8852 and Access Code 5496961# to participate in the scheduled conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 6/8/2018. (Strong, Ardis)
|
|
Filing 33
STIPULATION and (Proposed) Order re: amending Plaintiffs' class-certification motion by Wendy Manemeit (Greaves, Miles)
|
|
ORDER re (58 in 1:15-cv-02995-MKB-RER) re (40 in 1:16-cv-01153-MKB-RER) and re(33 in 2:17-cv-00093-MKB-RER) Stipulation Order re: amending Plaintiffs' class-certification motion. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/31/2018. (Vertus, Miriam)
|
|
Filing 32
ORDER granting #31 Motion for Extension of Time to Complete Discovery. Amended Scheduling Order. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/17/2018. (Vertus, Miriam)
|
|
Filing 31
STIPULATION and [Propsosed] Amended Scheduling Order by Gerber Products Co. (Castello, Geoffrey) ADDED MOTION for Extension of Time to Complete Discovery Modified on 5/17/2018 (Vertus, Miriam).
|
|
ORDER granting Amended Scheduling Order (55) Motion for Extension of Time to Complete Discovery in case 1:15-cv-02995-MKB-RER; granting (37) Motion for Extension of Time to Complete Discovery in case 1:16-cv-01153-MKB-RER; granting (30) Motion for Extension of Time to Complete Discovery in case 2:17-cv-00093-MKB-RER. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/26/2018. (Vertus, Miriam)
|
|
Filing 30
STIPULATION and [proposed] amended case scheduling order by Wendy Manemeit (Greaves, Miles) Modified on 3/26/2018 (Vertus, Miriam).
|
|
Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr. Telephone Conference held on 3/16/2018. Appearances by Brett Cebulash, Esq., Miles Greaves, Esq., Carlos Ramirez, Esq. for the Plaintiffs and David Zalman, Esq., Geoffrey White Castello, III, Esq., and Jaclyn Metzinger, Esq. for the Defendant. Discussions held. Updated Case Management Plan including proposed dates for future conferences due by 3/23/2018. (FTR Log #10:07:56-10:15:40 (208N)) (Strong, Ardis)
|
|
Filing 29
Letter regarding service of Plaintiffs' consolidated motion for class certification and supporting papers by Wendy Manemeit (Greaves, Miles)
|
|
ORDER granting #28 Motion for Extension of Time to File Plaintiff's class-certification motion, and motion for page-limit extensions. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/22/2018. (Vertus, Miriam)
|
|
Filing 28
MOTION for Extension of Time to File Plaintiff's class-certification motion, and motion for page-limit extensions by Wendy Manemeit. (Greaves, Miles)
|
|
SCHEDULING ORDER: Telephone Conference set for 3/16/2018 at 10:00 AM before Magistrate Judge Ramon E. Reyes, Jr. Defendant's counsel to initiate the call and dial in chambers once all parties are on the line. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/4/2017. (Vertus, Miriam)
|
|
Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Status Conference held on 12/4/2017. Case called. Appearances: Plaintiffs represented by Kevin S. Landau and Miles Greaves. Defendants represented by David I. Zalman and Geoffrey W.Castello,III. Discussions held. The parties are advised to follow the bundling rule and file the motion for class certification fully briefed on May 25, 2018. The parties amended case scheduling order regarding the class certification 52 filed in case no. 1:15-cv-02995 and 34 in case no. 16-cv-01153 are GRANTED. (FTR Log: 11:45:45-12:00:18) (Vertus, Miriam)
|
|
ORDER re (27 in 2:17-cv-00093-MKB-RER),(34 in 1:16-cv-01153-MKB-RER) and (52 in 1:15-cv-02995-MKB-RER): STIPULATION and [proposed] amended case scheduling order filed by Gerber Products Co. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/3/2017. (Vertus, Miriam)
|
|
Filing 27
STIPULATION and [proposed] amended case scheduling order by Gerber Products Co. (Castello, Geoffrey)
|
|
Filing 26
ANSWER to #1 Complaint, by Gerber Products Co.. (Castello, Geoffrey)
|
|
Filing 25
Joint MOTION for Extension of Time to File Answer re #1 Complaint, to August 23, 2017 by Gerber Products Co.. (Castello, Geoffrey)
|
|
ORDER granting #25 Motion for Extension of Time to Answer. Defendant's time to file an answer is extended until 8/23/2017. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 8/10/2017. (Naidich, Zachary). Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/10/2017. (Naidich, Zachary)
|
|
Filing 24
MEMORANDUM AND ORDER granting in part and denying in part #18 Motion to Dismiss; denying #18 Motion to Strike. The Court consolidates the Greene and Manemeit actions for purposes of deciding this motion. For the reasons discussed in the attached Memorandum and Order, the Court declines to dismiss or stay the Greene Complaint pursuant to the primary jurisdiction doctrine, grants Defendant's motion to dismiss Plaintiffs' claims under the OCSPA and ODTPA, and denies Defendant's motion to dismiss Plaintiffs' claims under the NCDTPA. As to the Manemeit Complaint, the Court denies Defendant's motion to dismiss the claims brought pursuant to sections 349 and 350 of the GBL. As to the Greene and Manemeit Complaints, the Court finds that Plaintiffs lack standing to seek injunctive relief; grants Defendant's motion to dismiss the unjust enrichment claims; denies Defendant's motion to strike the nationwide class allegations; and denies Defendant's motion to dismiss the fraudulent concealment, intentional misrepresentation and negligent misrepresentation claims. Ordered by Judge Margo K. Brodie on 8/2/2017. (Haji, Sara)
|
|
Filing 23
Letter dated May 30, 2017 from Geoffrey W. Castello to Judge Brodie re: Gerber Products Co.'s Motion to Dismiss, Stay and Strike Allegations From Plaintiff's Class Action Complaint by Gerber Products Co. (Castello, Geoffrey)
|
|
Filing 22
REPLY in Support re #18 MOTION to Dismiss and MOTION to Strike #1 Complaint, filed by Gerber Products Co.. (Castello, Geoffrey)
|
|
Filing 21
RESPONSE in Opposition re #18 MOTION to Dismiss and MOTION to Strike #1 Complaint, filed by Wendy Manemeit. (Greaves, Miles)
|
|
Filing 20
AFFIDAVIT/DECLARATION in Support re #18 MOTION to Dismiss and MOTION to Strike #1 Complaint, filed by Gerber Products Co.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Castello, Geoffrey)
|
|
Filing 19
MEMORANDUM in Support re #18 MOTION to Dismiss and MOTION to Strike #1 Complaint, filed by Gerber Products Co.. (Castello, Geoffrey)
|
|
Filing 18
MOTION to Dismiss and, MOTION to Strike #1 Complaint, by Gerber Products Co.. (Castello, Geoffrey)
|
|
Filing 17
Letter dated May 5, 2017, from Miles Greaves to counsel enclosing Plaintiff's opposition to Defendant's Motion to Dismiss, by Wendy Manemeit (Greaves, Miles)
|
|
Filing 16
Letter dated April 7th, 2017 from Geoffrey Castello to counsel enclosing Gerber's Notice of Motion to Dismiss and supporting documents by Gerber Products Co. (Castello, Geoffrey)
|
|
SCHEDULING ORDER: Defendant shall serve its motion on or before April 7, 2017; Plaintiff shall file an opposition by May 5, 2017; and Defendant shall reply and file all motion papers on or before May 26, 2017. Ordered by Judge Margo K. Brodie on 3/20/2017. (Haji, Sara)
|
|
Filing 15
STIPULATION (proposed order) regarding briefing schedule by Wendy Manemeit (Greaves, Miles)
|
|
ORDER denying #14 Motion for Pre Motion Conference. The parties are directed to confer and propose a briefing schedule for Defendant's anticipated motion to dismiss. Ordered by Judge Margo K. Brodie on 3/13/2017. (Haji, Sara)
|
|
ORDER REASSIGNING CASE. Case reassigned to Judge Margo K. Brodie and Magistrate Judge Ramon E. Reyes, Jr for all further proceedings. Judge Joseph F. Bianco, Magistrate Judge Anne Y. Shields 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 Dora Lizette Irizarry on 3/1/2017. (Bowens, Priscilla)
|
|
Filing 14
Letter MOTION for pre motion conference regarding Gerber's proposed motion to dismiss plaintiff Wendy Manemeit's Complaint by Gerber Products Co.. (Attachments: #1 Exhibit 1) (Zalman, David)
|
|
Filing 13
Letter re: related-case statement by Wendy Manemeit (Greaves, Miles)
|
|
Filing 12
Order: The parties' SCHEDULING ORDER ON CONSENT is adopted by the Court. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/8/2017. (Vertus, Miriam)
|
|
SCHEDULING ORDER: Status Conference set for 12/4/2017 at 11:30 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/8/2017. (Vertus, Miriam)
|
|
ORDER granting Motion(s) (46),(28), and (10) to Consolidate Cases 15-cv-02995-MKB-RER 16-cv-01153-MKB-RER, and 2:17-cv-00093-JFB-AYS for discovery and pretrial purposes. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/8/2017. (Vertus, Miriam)
|
|
Filing 11
MEMORANDUM in Support re #10 Consent MOTION to Consolidate Cases for Discovery and Pretrial Purposes filed by Gerber Products Co.. (Castello, Geoffrey)
|
|
Filing 10
Consent MOTION to Consolidate Cases for Discovery and Pretrial Purposes by Gerber Products Co.. (Attachments: #1 Proposed Order) (Castello, Geoffrey)
|
|
Filing 9
NOTICE of Appearance by Jaclyn Marie Metzinger on behalf of Gerber Products Co. (aty to be noticed) (Metzinger, Jaclyn)
|
|
Filing 8
NOTICE of Appearance by David I. Zalman on behalf of Gerber Products Co. (aty to be noticed) (Zalman, David)
|
|
Filing 7
Corporate Disclosure Statement by Gerber Products Co. identifying Corporate Parent Nestle S.A., Corporate Parent Nestle Holdings, Inc. for Gerber Products Co.. (Castello, Geoffrey)
|
|
Filing 6
NOTICE of Appearance by Geoffrey White Castello, III on behalf of Gerber Products Co. (aty to be noticed) (Castello, Geoffrey)
|
|
Filing 5
Summons Issued as to Gerber Products Co.. (Flanagan, Doreen)
|
|
Filing 4
Notice of Related Case indicated on the Civil Cover Sheet in Case No. 17-cv-00093. (Flanagan, Doreen)
|
|
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. (Flanagan, Doreen)
|
|
Filing 2
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen)
|
|
Case Assigned to Judge Joseph F. Bianco and Magistrate Judge Anne Y. Shields. 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. (Flanagan, Doreen)
|
|
Filing 1
COMPLAINT against Gerber Products Co. filing fee $ 400, receipt number 0207-9186905 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Wendy Manemeit. (Attachments: #1 Civil Cover Sheet, #2 Notice of Related Case Designation, #3 Proposed Summons, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I) (Reese, Michael)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
