Peek v. Beech-Nut Nutrition Company
| Laura Peek |
| Beech-Nut Nutrition Company |
| 1:2021cv00167 |
| February 11, 2021 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Miroslav Lovric |
| Thomas J McAvoy |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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Filing 32
TEXT ORDER granting #18 Motion for Limited Admission Pro Hac Vice of Susana Cruz Hodge, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 4/7/2021. (tab)
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Filing 31
TEXT ORDER granting #15 Motion for Limited Admission Pro Hac Vice of Joseph J. DePalma, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 4/7/2021. (tab)
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| Filing 30 Supplemental Admission documents re: #18 Motion for Limited Admission Pro Hac Vice,. (LaDuca, Charles) |
| Filing 29 Supplemental Admission documents re: #15 Motion for Limited Admission Pro Hac Vice,. (LaDuca, Charles) |
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Filing 28
TEXT ORDER granting #14 Motion for Limited Admission Pro Hac Vice of Katherine Van Dyck, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 4/1/2021. (tab)
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| Filing 27 Supplemental Admission documents re: #14 Motion for Limited Admission Pro Hac Vice,. (Attachments: #1 Declaration of Sponsor Charles LaDuca, #2 Exhibit(s) New Attorney Registration Form, #3 Exhibit(s) Petition for Admission, #4 Exhibit(s) Certificate of Good Standing, #5 Proposed Order/Judgment)(LaDuca, Charles) |
| Notice of Filing Deficiency re: #18 Motion for Limited Admission Pro Hac Vice Susana Cruz Hodge. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing issued within the last 6 months; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
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Filing 26
STIPULATION AND ORDER to Consolidate Actions. The action 1:21-cv-133 shall be deemed the LEAD CASE. All other actions will be deemed MEMBER CASES. All further filings shall be made in the LEAD CASE: 1:21-cv-133. Defendant shall file an answer w/in 60 days of the filing of a Consolidated Complaint, or by 5/15/2021, whichever is later. Signed by Senior Judge Thomas J. McAvoy on 3/19/2021. (amt)
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| Filing 25 STIPULATION To Consolidate Actions Under Fed. R. Civ. P. 42(a) by Laura Peek submitted to Judge Thomas James McAvoy. (Peterson, Rebecca) |
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Filing 24
TEXT ORDER re #23 Stipulation filed by by Beech-Nut Nutrition Company to reset the deadline in which to answer or otherwise respond. Beech-Nut Nutrition Company answer due 5/15/2021. The Initial Conference is reset for Friday, 6/11/2021 @ 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/4/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.). Authorized by Magistrate Judge Christian F. Hummel on 3/11/2021. (tab)
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| Filing 23 STIPULATION , to be so-ordered, extending defendant's time to answer or otherwise respond to the Complaint until May 15 by Beech-Nut Nutrition Company submitted to Judge Christian F. Hummel. (McCarthy, Kathleen) |
| Filing 22 NOTICE of Appearance by Livia M. Kiser on behalf of Beech-Nut Nutrition Company (Kiser, Livia) |
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Filing 21
TEXT ORDER granting #20 Motion for Limited Admission Pro Hac Vice for Livia M. Kiser, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 3/4/2021. (tab)
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| Filing 20 MOTION for Limited Admission Pro Hac Vice of Livia M. Kiser Filing fee $100, receipt number ANYNDC-5443078. (Attachments: #1 Declaration of Sponsor, #2 New Attorney E-Filing Registration Form with Oath, #3 Petition for Admission, #4 Certificate of Good Standing) Motions referred to Christian F. Hummel. (McCarthy, Kathleen) |
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Filing 19
TEXT ORDER granting #13 Motion for Limited Admission Pro Hac Vice for Charles William Frick, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 3/1/2021. (tab)
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| Notice of Filing Deficiency re: #15 Motion for Limited Admission Pro Hac Vice of Joseph J. DePalma, #18 Motion for Limited Admission Pro Hac Vice of Susana CruzHodge. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Certificate of Good Standing issued within the last 6 months; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Notice of Filing Deficiency re: #14 Motion for Limited Admission Pro Hac Vice of Katherine Van Dyck. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: all documents pertaining to Pro Hac Vice admission as the Motion contains an application of a different attorney. The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Filing 18 MOTION for Limited Admission Pro Hac Vice of Susana Cruz Hodge Filing fee $100, receipt number ANYNDC-5437997. filed by Laura Peek. (Attachments: #1 Declaration Declaration of Sponsor, #2 Exhibit(s) New Attorney Registration Form, #3 Exhibit(s) Petition for Admission, #4 Exhibit(s) Certificate of Good Standing, #5 Exhibit(s) Proposed Order) Motions referred to Christian F. Hummel. (LaDuca, Charles) |
| Filing 17 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Beech-Nut Nutrition Company identifying Corporate Parent Hero Beteiligungen AG, Corporate Parent Hero USA, Inc., Corporate Parent Hero AG, Corporate Parent Schwartau International GmbH, Corporate Parent AOH Nahrungsmittel GmbH & Co. KG for Beech-Nut Nutrition Company.. (McCarthy, Kathleen) |
| Filing 16 NOTICE of Appearance by Kathleen E. McCarthy on behalf of Beech-Nut Nutrition Company (McCarthy, Kathleen) |
| Filing 15 MOTION for Limited Admission Pro Hac Vice of Joseph J. DePalma Filing fee $100, receipt number ANYNDC-5437862. filed by Laura Peek. (Attachments: #1 Declaration Declaration of Sponsor, #2 Exhibit(s) New Attorney Registration Form, #3 Exhibit(s) Petition for Admission, #4 Exhibit(s) Certificate of Good Standing, #5 Exhibit(s) Proposed Order) Motions referred to Christian F. Hummel. (LaDuca, Charles) |
| Filing 14 MOTION for Limited Admission Pro Hac Vice of Katherine Van Dyck Filing fee $100, receipt number ANYNDC-5436116. filed by Laura Peek. (Attachments: #1 Declaration of Sponsor, #2 Exhibit(s) New Attorney Registration Form, #3 Exhibit(s) Petition for Admission, #4 Exhibit(s) Certificate of Good Standing, #5 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (LaDuca, Charles) |
| Filing 13 MOTION for Limited Admission Pro Hac Vice of C. William Frick Filing fee $100, receipt number ANYNDC-5436095. filed by Laura Peek. (Attachments: #1 Declaration Declaration of Sponsor, #2 Exhibit(s) New Attorney Registration Form, #3 Exhibit(s) Petition for Admission, #4 Exhibit(s) Certificate of Good Standing, #5 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (LaDuca, Charles) |
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Filing 12
TEXT ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Christian F. Hummel for all further proceedings. Authorized by Senior Judge Thomas J. McAvoy on 2/23/2021. (amt)
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| ***Answer due date updated for Beech-Nut Nutrition Company answer due 3/12/2021. (dpk) |
| Filing 11 AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Notice and Case Management Order served on Beech-Nut Nutrition Company on February 18, 2021, filed by Laura Peek. (LaDuca, Charles) |
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Filing 10
ORDER granting #7 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 2/22/2021. (jdp )
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Filing 9
ORDER granting #6 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 2/22/2021. (jdp )
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| Filing 8 Supplemental Admission documents re: #6 Motion for Limited Admission Pro Hac Vice,. (LaDuca, Charles) |
| Filing 7 MOTION for Limited Admission Pro Hac Vice of Robert K. Shelquist Filing fee $100, receipt number ANYNDC-5427571. filed by Laura Peek. (Attachments: #1 Exhibit(s) Declaration of Sponsor, #2 Exhibit(s) New Attorney Registration Form, #3 Exhibit(s) Petition for Admission, #4 Exhibit(s) Certificate of Good Standing, #5 Proposed Order/Judgment Proposed Order) Motions referred to Miroslav Lovric. (LaDuca, Charles) |
| Filing 6 MOTION for Limited Admission Pro Hac Vice of Rebecca A. Peterson Filing fee $100, receipt number ANYNDC-5427460. filed by Laura Peek. (Attachments: #1 Exhibit(s) Declaration of Sponsor, #2 Exhibit(s) New Attorney Registration Form, #3 Exhibit(s) Certificate of Good Standing, #4 Proposed Order/Judgment) Motions referred to Miroslav Lovric. (LaDuca, Charles) Modified on 2/19/2021 to reflect that attachment #3 is a Certificate of Good Standing rather than a Petition for Admission (pjh, ). |
| Filing 5 NOTICE of Admission Requirement; Attorney Joseph DePalma. Email address is jdepalma@litedepalma.com. Attorney Susana Cruz Hodge. Email address is scruzhodge@litedepalma.com. Phone number is 973-623-3000. Admissions due by 2/26/2021. {Notice was served upon both attorneys via e-mail}(pjh, ) |
| Filing 4 NOTICE of Admission Requirement ; Attorney C. William Frick, Email address is bill@cuneolaw.com. Phone number is 202-789-3960. Admissions due by 2/26/2021. {Notice was served upon Attorney Frick via e-mail}(pjh, ) |
| Filing 3 Summons Issued as to Beech-Nut Nutrition Company. (pjh, ) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/12/2021 at 1:30 PM in Binghamton before Magistrate Judge Miroslav Lovric. All conferences will be conducted by way of telephone conference. The parties are directed to call (877) 402-9753 and enter access code 9983518. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/5/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (dpk) |
| Filing 1 COMPLAINT against Beech-Nut Nutrition Company (Filing fee $402 receipt number ANYNDC-5417592) filed by Laura Peek. (Attachments: #1 Exhibit 1 (U.S. House Sub-Committee Report titled "Baby Foods Are Tainted with Dangerous Levels of Arsenic, Lead, Cadmium, and Mercury", #2 Receipt for Filing Fee (ANYNDC-5417592), #3 Civil Cover Sheet) (dpk) |
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