Moore v. Madison Reed, Inc.
Plaintiff: Melissa Moore
Defendant: Madison Reed, Inc.
Case Number: 1:2022cv00115
Filed: February 7, 2022
Court: US District Court for the Northern District of New York
Presiding Judge: Gary L Sharpe
Referring Judge: Daniel J Stewart
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 9, 2023 Opinion or Order Filing 23 MEMORANDUM-DECISION and ORDER - That Madison Reed's motion to dismiss, (Dkt. No. 7), is GRANTED IN PART and DENIED IN PART as follows: GRANTED as to the first cause of action for a violation of the Magnuson-Moss Warranty Act, 15 U.S.C. 2301; the second cause of action for negligence; the fourth cause of action for design defect; the fifth cause of action for negligent misrepresentation; and the eighth cause of action for fraud; and DENIED in all other respects. That the following claims remain: (1) third cause of action for failure to warn; (2) sixth cause of action under N.Y. Gen. Bus. Law 349; and (3) seventh cause of action under N.Y. Gen. Bus. Law 350. Signed by Senior Judge Gary L. Sharpe on 8/9/2023. (jel, )
March 6, 2023 Filing 22 RESPONSE to Motion re #20 Letter Motion from Carlos F. Ramirez for Melissa Moore requesting to file supplemental authority in support of Plaintiff Moore's Opposition to Defendant's motion to dismiss submitted to Judge The Honorable Gary L. Sharpe filed by Madison Reed, Inc.. (Nassihi, Amir)
March 3, 2023 Opinion or Order Filing 21 Text Only Order - Plaintiff's request to file newly attached authority regarding the pending motion to dismiss (Dkt. No. 20) is GRANTED. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 3/3/2023. (jel, )
March 2, 2023 Filing 20 Letter Motion from Carlos F. Ramirez for Melissa Moore requesting to file supplemental authority in support of Plaintiff Moore's Opposition to Defendant's motion to dismiss submitted to Judge The Honorable Gary L. Sharpe . (Attachments: #1 Exhibit(s) A)(Ramirez, Carlos)
September 16, 2022 Filing 19 RESPONSE to Motion re #17 Letter Motion from Madison Reed, Inc. for Madison Reed, Inc. requesting Permission to File the Attached Newly Available Authority submitted to Judge The Honorable Gary L. Sharpe filed by Melissa Moore. (Ramirez, Carlos)
August 29, 2022 Opinion or Order Filing 18 Text Only Order - Defendant's request to file newly attached authority in support of its pending motion to dismiss (Dkt. No. 17) is GRANTED. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 8/29/2022. (jel, )
August 24, 2022 Filing 17 Letter Motion from Madison Reed, Inc. for Madison Reed, Inc. requesting Permission to File the Attached Newly Available Authority submitted to Judge The Honorable Gary L. Sharpe . (Attachments: #1 Exhibit(s) A)(Nassihi, Amir)
July 28, 2022 Opinion or Order Filing 16 TEXT ORDER granting #15 Motion for Limited Admission Pro Hac Vice. Attorney Jason M. Richardson is hereby admitted to practice in this matter on behalf of Defendant. 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 Daniel J. Stewart on 7/28/2022. (mab)
July 18, 2022 Filing 15 MOTION for Limited Admission Pro Hac Vice of Jason M. Richardson Filing fee $100, receipt number ANYNDC-5970318. (Attachments: #1 Declaration of Sponsor Amir Nassihi, #2 Affidavit Petition for Admission, #3 Affidavit Attorney Registration Form, #4 Affidavit Certificate of Good Standing, #5 Proposed Order/Judgment Order) Motions referred to Daniel J. Stewart. (Nassihi, Amir)
July 11, 2022 Filing 14 NOTICE OF ADMISSION REQUIREMENT as to Party Defendant; Attorney Jason M. Richardson, address is Shook, Hardy & Bacon, L.L.P., 555 Mission Street, Suite 2300, San Francisco, CA 94105. Phone number is 415-544-1900. Admissions due by 7/25/2022. (khr)(Mailed copy on 7/11/2022)
July 11, 2022 Filing 13 REPLY to Response to Motion re #7 MOTION to Dismiss for Failure to State a Claim filed by Madison Reed, Inc.. Motion returnable before Judge Gary L. Sharpe Defendant Madison Reed, Inc.'s Reply In Support of Motion to Dismiss Amended Complaint filed by Madison Reed, Inc.. (Nassihi, Amir)
June 24, 2022 Filing 12 RESPONSE in Opposition re #7 MOTION to Dismiss for Failure to State a Claim filed by Madison Reed, Inc.. Motion returnable before Judge Gary L. Sharpe filed by Melissa Moore. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A to Request for Judicial Notice)(Ramirez, Carlos)
June 22, 2022 TEXT NOTICE: The Rule 16 Initial Conference set for July 11, 2022 before Magistrate Judge Daniel J. Stewart and the deadline or the parties to file a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (mab)
June 16, 2022 Opinion or Order Filing 11 JOINT STIPULATION/ORDER Setting Hearing on Motion #7 MOTION to Dismiss for Failure to State a Claim filed by Madison Reed, Inc. Response to Motion due by 6/24/2022. Reply to Response to Motion due by 7/11/2022. Motion will be on SUBMIT only. Signed by Senior Judge Gary L. Sharpe on 6/16/2022. (jel, )
June 15, 2022 Filing 10 STIPULATION re #7 MOTION to Dismiss for Failure to State a Claim filed by Madison Reed, Inc.. Motion returnable before Judge Gary L. Sharpe by Melissa Moore submitted to Judge The Honorable Gary L. Sharpe. (Ramirez, Carlos)
June 3, 2022 Filing 9 NOTICE by Madison Reed, Inc. to Withdraw Stipulation (ECF No. 8) as Moot (Hubner, Nicholas)
May 31, 2022 Filing 8 STIPULATION TO EXTEND TIME TO ANSWER OR RESPOND TO COMPLAINT by Madison Reed, Inc.. (Hubner, Nicholas)
May 27, 2022 Filing 7 MOTION to Dismiss for Failure to State a Claim filed by Madison Reed, Inc.. Motion returnable before Judge Gary L. Sharpe Response to Motion due by 6/17/2022. Reply to Response to Motion due by 6/24/2022 (Attachments: #1 Memorandum of Law Memorandum of Points and Authorities in Support of Defendant Madison Reed, Inc.'s Motion to Dismiss Plaintiff's Amended Complaint, #2 Declaration Request for Judicial Notice In Support of Motion to Dismiss Amended Complaint, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D) (Nassihi, Amir)
April 27, 2022 Opinion or Order Filing 6 TEXT ORDER: Based upon the Stipulation filed on April 27, 2022, Dkt. No. #5 , the Rule 16 Initial Conference in this matter is RESCHEDULED for July 11, 2022 at 9:00 AM before the undersigned. Counsel are directed to file a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before July 5, 2022. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/27/2022. (mab)
April 27, 2022 Filing 5 STIPULATION Joint Stipulation and Proposed Order Continuing Initial Case Management Conference by Madison Reed, Inc. submitted to Judge The Honorable Gary L. Sharpe. (Nassihi, Amir)
March 28, 2022 Filing 4 WAIVER OF SERVICE Returned Executed by Melissa Moore. Madison Reed, Inc. waiver sent on 3/28/2022, answer due 5/27/2022. (Ramirez, Carlos)
February 22, 2022 Filing 3 AMENDED COMPLAINT against Madison Reed, Inc. filed by Melissa Moore.(Ramirez, Carlos)
February 8, 2022 Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/9/2022 09:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/2/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr)
February 7, 2022 Filing 1 COMPLAINT WITH JURY DEMAND against Madison Reed, Inc. (Filing fee $402 receipt number ANYNDC-5796779) filed by Melissa Moore. (Attachments: #1 Civil Cover Sheet)(khr)

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Plaintiff: Melissa Moore
Represented By: Carlos Ramirez
Represented By: George Granade
Represented By: Michael R. Reese
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Defendant: Madison Reed, Inc.
Represented By: Amir Nassihi
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