Eldridge v. Beech-Nut Nutrition Company et al
| Ana Lynette Gregory Eldridge |
| Beech-Nut Nutrition Company, John Doe Manufacturers and Gerber Products Co. |
| 1:2021cv00283 |
| March 11, 2021 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Thomas J McAvoy |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 6, 2021. A more recent docket listing may be available from PACER.
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Filing 24
ORDER approving #23 Stipulation to Stay All Proceedings Pending Transfer Decision filed by Gerber Products Co. [Case stayed]. Signed by Magistrate Judge Christian F. Hummel on 5/6/2021. (tab)
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| Filing 23 STIPULATION and [Proposed] Order to Stay All Proceedings Pending Transfer Decision by Gerber Products Co. submitted to Judge Christian F. Hummel. (Merryman, Bryan) |
| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Status Conference held on 4/28/2021 via TEAMS video. Appearances by Melyssa Ryan Clark, Esq. for plaintiff; Kathleen McCarthy, Esq. for Beechnut; Bryan Merryman, Esq. for Gerber. The Court and parties discuss the posture of the case, where it stands within the NDNY and also potentially in multi-district litigation. The parties agree to wait out the JPMDL decision on this case and will circulate a stipulation regarding a time-line for responding to the complaint. (tab) |
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Filing 22
TEXT ORDER granting #20 Letter Request from Bryan A. Merryman for Gerber Products Co. requesting a telephonic conference regarding defendants' proposed motion to sever Gerber from this action and transfer the claims against Gerber to the District of New Jersey. A Pre-Motion Filing Conference has been set for Wednesday, 4/28/2021 @ 11:00 AM. This hearing will be conducted remotely by video and a Microsoft TEAMS connection link will be provided to all participants by the Court . Authorized by Magistrate Judge Christian F. Hummel on 4/20/2021. (tab)
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| Filing 21 RESPONSE TO LETTER BRIEF filed by Ana Lynette Gregory Eldridge as to #20 Letter Request/Motion, filed by Gerber Products Co. proposing that telephonic conference await JPML ruling which may moot defendants' proposed motion. (Clark, Melissa) |
| Filing 20 Letter Motion from Bryan A. Merryman for Gerber Products Co. requesting a telephonic conference regarding defendants' proposed motion to sever Gerber from this action and transfer the claims against Gerber to the District of New Jersey submitted to Judge Christian F. Hummel . (Merryman, Bryan) |
| Filing 19 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Gerber Products Co. identifying Corporate Parent Nestle S.A., Corporate Parent Nestle Holdings, Inc. for Gerber Products Co... (Merryman, Bryan) |
| Filing 18 NOTICE of Appearance by Catherine S. Simonsen on behalf of Gerber Products Co. (Simonsen, Catherine) |
| Filing 17 NOTICE of Appearance by Bryan A. Merryman on behalf of Gerber Products Co. (Merryman, Bryan) |
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Filing 16
TEXT ORDER granting #13 Motion for Limited Admission Pro Hac Vice of Catherine Simonsen, 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 4/16/2021. (tab)
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| Filing 15 Supplemental Admission documents re: #13 Motion for Limited Admission Pro Hac Vice. (Starner, Gregory) |
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Filing 14
TEXT ORDER granting #12 Motion for Limited Admission Pro Hac Vice of Bryan A. Merryman, 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 4/15/2021. (tab)
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| Notice of Filing Deficiency re: #13 Motion for Limited Admission Pro Hac Vice of Catherine Simonsen. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing that has been issued by a Court; 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 13 MOTION for Limited Admission Pro Hac Vice of Catherine S. Simonsen Filing fee $100, receipt number ANYNDC-5492424. (Attachments: #1 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Starner, Gregory) |
| Filing 12 MOTION for Limited Admission Pro Hac Vice of Bryan A. Merryman Filing fee $100, receipt number ANYNDC-5492420. (Attachments: #1 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Starner, Gregory) |
| Filing 11 NOTICE of Appearance by Elizabeth Fegan on behalf of Ana Lynette Gregory Eldridge (Fegan, Elizabeth) |
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Filing 10
TEXT ORDER granting #9 Motion for Limited Admission Pro Hac Vice for Elizabeth A. Fegan, 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 3/30/2021. (tab)
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| Filing 9 MOTION for Limited Admission Pro Hac Vice of Elizabeth A. Fegan Filing fee $100, receipt number ANYNDC-5468496. (Attachments: #1 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Clark, Melissa) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Ana Lynette Gregory Eldridge. Beech-Nut Nutrition Company waiver sent on 3/17/2021, answer due 5/17/2021. (Clark, Melissa) |
| Filing 7 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Beech-Nut Nutrition Company identifying Corporate Parent Hero Beteiligungen AG, Corporate Parent Hero USA, Inc., Corporate Parent Schwartau International GmbH, Corporate Parent AOH Nahrungsmittel GmbH & Co. KG for Beech-Nut Nutrition Company.. (McCarthy, Kathleen) |
| Filing 6 NOTICE of Appearance by Kathleen E. McCarthy on behalf of Beech-Nut Nutrition Company (McCarthy, Kathleen) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Ana Lynette Gregory Eldridge. Gerber Products Co. waiver sent on 3/17/2021, answer due 5/17/2021. (Clark, Melissa) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 6/14/2021 at 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/7/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (map) |
| Filing 3 NOTICE of Admission Requirement as to Plaintiffs Counsel, Attorney Elizabeth A. Fagan. Served by email at email address: beth@feganscott.com. Phone number of Counsel is: 312-741-1019. Admissions due by 3/26/2021. (map) |
| Filing 2 Summons Issued as to Beech-Nut Nutrition Company, and Gerber Products Co.. (Attachments: #1 Summons Issued as to Gerber Products Co.)(map) |
| JOHN DOE TEXT NOTICE: Although the plaintiff herein has named John Doe defendant, in the Complaint, the Clerk's Office will not issue a summons for service of process on "John Doe" defendants at this time. In the event plaintiff wishes to pursue the claims against these defendants, plaintiff shall take reasonable steps to ascertain the defendants identity. When plaintiff determines the identity of "John Doe" defendants, plaintiff may seek to amend the pleading to add the properly named defendant pursuant to FED. R. CIV. P. 15 and summons will be issued at that time.(map) |
| Filing 1 CLASS ACTION COMPLAINT WITH JURY DEMAND against Beech-Nut Nutrition Company, Gerber Products Co., John Doe Manufacturers (Filing fee $402 receipt number ANYNDC-5454743) filed by Ana Lynette Gregory Eldridge. (Attachments: #1 Civil Cover Sheet)(map) |
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