Rose et al v. Beech-Nut Nutrition Company
Plaintiff: Alyssa Rose, Myjorie Philippe, Melissa Sisk and Vanessa Inoa
Defendant: Beech-Nut Nutrition Company
Case Number: 1:2021cv00789
Filed: July 10, 2021
Court: US District Court for the Northern District of New York
Presiding Judge: Christian F Hummel
Referring Judge: David N Hurd
2 Judge: Thomas J McAvoy
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1391 Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 26, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 26, 2021 Opinion or Order Filing 18 ORDER OF RECUSAL. Senior Judge Thomas J. McAvoy recused. Case reassigned to Judge David N. Hurd for all further proceedings. Authorized by Senior Judge Thomas J. McAvoy on 7/26/2021. (amt)
July 23, 2021 Filing 17 Letter from Christopher K. Leung advising of his, Max E. Rodriguez, and Alison Borochoff-Porte admission to court via Pro Hac Vice. (gmd)
July 20, 2021 Opinion or Order Filing 16 TEXT ORDER granting #9 Motion for Limited Admission Pro Hac Vice of Rosemary M. Rivas, 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 7/20/2021. (tab)
July 20, 2021 Opinion or Order Filing 15 TEXT ORDER granting #8 Motion for Limited Admission Pro Hac Vice of Rosanne L. Mah, 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 7/20/2021. (tab)
July 20, 2021 Opinion or Order Filing 14 TEXT ORDER granting #7 Motion for Limited Admission Pro Hac Vice of Mark H. Troutman, 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 7/20/2021. (tab)
July 19, 2021 Opinion or Order Filing 13 STIPULATION AND ORDER TO CONSOLIDATE: IT IS HEREBY STIPULATED BY THE UNDERSIGNED THAT: Beech-Nut agrees to waive service in the subject action; Plaintiffs and Beech-Nut agree that this action is properly consolidated with the Consolidated Action Case No. 1:21-cv-133 for pre-trial purposes pursuant to paragraph 4 of the Court's March 19, 2021 Order in the Consolidated Action; Beech-Nut's deadline to move, answer, or otherwise respond to the complaint in this Action is mooted and Beech-Nuts deadline to move, answer, or otherwise respond shall be at such time as may be applicable in the Consolidated Action to the operative complaint in that action. Signed by Senior Judge Thomas J. McAvoy on 7/19/2021. (mgh)
July 16, 2021 Filing 12 STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE by Vanessa Inoa, Myjorie Philippe, Alyssa Rose, Melissa Sisk submitted to Judge Hon. Thomas J. McAvoy. (Hacker, James)
July 16, 2021 Filing 11 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Beech-Nut Nutrition Company identifying Corporate Parent Hero USA, Inc., Other Affiliate Hero Beteiligungen AG, Other Affiliate Hero AG, Other Affiliate Schwartau International GmbH, Other Affiliate AOH Nahrungsmittel GmbH & Co. KG for Beech-Nut Nutrition Company.. (McCarthy, Kathleen)
July 16, 2021 Filing 10 NOTICE of Appearance by Kathleen E. McCarthy on behalf of Beech-Nut Nutrition Company (McCarthy, Kathleen)
July 14, 2021 Filing 9 MOTION for Limited Admission Pro Hac Vice of Rosemary M. Rivas 7-14-2021 Filing fee $100, receipt number ANYNDC-5584277. (Attachments: #1 Affidavit Affidavit of Sponsor, #2 Appendix Petition for PHV Admission, #3 Appendix Atty Registration Form, #4 Appendix Certificate of Good Standing (CA), #5 Proposed Order/Judgment Proposed Order for attorney admission) Motions referred to Christian F. Hummel. (Hacker, James)
July 14, 2021 Filing 8 MOTION for Limited Admission Pro Hac Vice of Rosanne L. Mah 7-14-2021 Filing fee $100, receipt number ANYNDC-5584252. (Attachments: #1 Affidavit Affidavit of Sponsor, #2 Appendix Petition for PHV Admission, #3 Appendix Atty Registration Form, #4 Appendix Certificate of Good Standing (CA), #5 Proposed Order/Judgment Proposed Order for attorney admission) Motions referred to Christian F. Hummel. (Hacker, James)
July 14, 2021 Filing 7 MOTION for Limited Admission Pro Hac Vice of Mark H. Troutman 7-14-2021 Filing fee $100, receipt number ANYNDC-5584219. (Attachments: #1 Affidavit Affidavit of Sponsor, #2 Appendix Petition for PHV Admission, #3 Appendix Atty Registration Form, #4 Appendix Certificate of Good Standing (Ohio), #5 Proposed Order/Judgment Proposed Order for attorney admission) Motions referred to Christian F. Hummel. (Hacker, James)
July 14, 2021 Opinion or Order Filing 6 ORDER approving the Direct Assignment. The cases are deemed related. Authorized by Senior Judge Thomas J. McAvoy on 7/14/2021. (amt)
July 13, 2021 CLERK'S CORRECTION OF DOCKET ENTRY re #1 Complaint. Modified docket to correct the filing date of the complaint to 7/10/2021. (mgh)
July 13, 2021 TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 1:21-cv-00133; 1:21-cv-00167;1:21-cv-00183;1:21-cv-00186;1:21-cv-00200;1:21-cv-00213;1:21-cv00229; 1:21-cv-00227;1:21-cv-00258;1:21-cv-00271;1:21-cv-00285;1:21-cv-00334;1:21-cv-00511; 1:21-cv-00483;1:21-cv-00283;1:21-cv-00756;1:21-cv-00722. (mgh)
July 12, 2021 Filing 5 NOTICE of Admission Requirement as to Party Alyssa Rose, et al.; Attorney Christopher K. Leung, Esq.;Max E. Rodriguez, Esq.;Alison Borochoff-Porte Esq., Email address is Chris@PollockCohen.com. Phone number is (917) 985-3995. Admissions due by 7/26/2021. {Notice of Admission Requirement emailed to Attorneys on 7/12/2021}. (mgh)
July 12, 2021 Filing 4 NOTICE of Admission Requirement as to Party Alyssa Rose, et al.; Attorney Rosemary M. Rivas, Esq.; Mark Troutman, Esq.;Rosanne L. Mah, Esq., Email address is rmr@classlawgroup.com. Phone number is (510) 350-9700. Admissions due by 7/26/2021. {Notice of Admission Requirement emailed to Attorneys on 7/12/2021}(mgh)
July 12, 2021 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/18/2021 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 10/12/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh)
July 12, 2021 Filing 2 Summons Issued as to Beech-Nut Nutrition Company. (mgh)

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Plaintiff: Alyssa Rose
Represented By: James E. Hacker
Represented By: Julie A. Nociolo
Represented By: Randolph F. Treece
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Plaintiff: Myjorie Philippe
Represented By: James E. Hacker
Represented By: Julie A. Nociolo
Represented By: Randolph F. Treece
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Plaintiff: Melissa Sisk
Represented By: James E. Hacker
Represented By: Julie A. Nociolo
Represented By: Randolph F. Treece
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Plaintiff: Vanessa Inoa
Represented By: James E. Hacker
Represented By: Julie A. Nociolo
Represented By: Randolph F. Treece
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Defendant: Beech-Nut Nutrition Company
Represented By: Kathleen E. McCarthy
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