Feldman v. UTZ Quality Foods, LLC et al
| David Feldman |
| Good Health Natural Products, LLC, UTZ Quality Foods, LLC, Good Health Natural Products, Inc., Pat Posts 1-10 and ABC Corps. 1-10 |
| 1:2018cv06004 |
| July 2, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Nassau |
| Ronnie Abrams |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 38
MEMO ENDORSEMENT on re: #37 Letter re: Response to Plaintiff's March 21, 2019 Letter filed by UTZ Quality Foods, LLC. ENDORSEMENT: The deadline for requesting exclusion from the nationwide settlement class is July 5, 2019. See Dkt. 34-1. If Plaintiff chooses to exclude himself from the nationwide settlement class by that date, he shall notify the Court that he has done so, submit proof of his opt-out, and inform the Court how he intends to proceed in this action. Until that time, this action shall remain stayed. If Plaintiff does not inform the Court accordingly, the Court shall assume that he has chosen to remain in the nationwide settlement class and this stay shall thus remain in effect until January 14, 2020, the date of the final approval hearing. See Dkt. 34-1. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/2/2019) (rj)
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| Filing 37 LETTER addressed to Judge Ronnie Abrams from Richard Fama dated March 22, 2019 re: Response to Plaintiff's March 21, 2019 Letter. Document filed by UTZ Quality Foods, LLC.(Fama, Richard) |
| Filing 36 LETTER addressed to Judge Ronnie Abrams from Joshua S. Bauchner, Esq. dated 03/21/2019 re: Plaintiff's Intent to Proceed. Document filed by David Feldman.(Bauchner, Joshua) |
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Filing 35
ORDER re: #34 Letter re: Notice of Preliminary Approval filed by UTZ Quality Foods, LLC. The Court is in receipt of Defendant's letter requesting that, in light of the approval of the California Action on March 7, 2019, the stay issued in this case by the Court's January 14, 2019 Order "remain in effect through the date of the Final Approval Hearing, after which, upon Final Approval, this action be dismissed." Dkt. 34. By March 21, 2019, Plaintiff shall inform the Court how he wishes to proceed in this matter. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/14/2019) (rj)
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| Filing 34 LETTER addressed to Judge Ronnie Abrams from Richard Fama dated March 13, 2019 re: Notice of Preliminary Approval. Document filed by UTZ Quality Foods, LLC. (Attachments: #1 Exhibit Order)(Fama, Richard) |
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Filing 33
MEMO ENDORSEMENT on re: #32 Letter filed by David Feldman, Motions Granted: #14 MOTION to Stay re: #3 Complaint . filed by Good Health Natural Products, Inc., Good Health Natural Products, LLC, UTZ Quality Foods, LLC. ENDORSEMENT: The Court has considered the five factors outlined in Kappel v. Comfort, 914 F. Supp. 1056 (S.D.N.Y. 1996) in deciding whether to grant a stay, and concludes that a stay is warranted in this action until the California court decides whether to preliminarily approve the nationwide settlement agreement. As an initial matter, the fact that Plaintiff brought his claim subsequent to the filing of the California class action does not weigh against granting a stay here; a plaintiff's claims may be released by a class action even if those claims were not brought, or could not have been brought, at the time that the class action was filed. See Wal-Mart Stores, Inc. v. Visa U.S.A., Inc., 396 F.3d 96, 108 (2d Cir. 2005) ("Class actions may release claims, even if not pied, when such claims arise out of the same factual predicate as settled class actions."). Moreover, although the Court does not make a final determination on this issue at this time, in light of the breadth of the class action agreement's release, Plaintiff's claims do not appear to be "separate and distinct from those encompassed in the [s]ettlement [a]greement." Albert v. Blue Diamond Growers, 232 F. Supp. 3d 509, 512 (S.D.N.Y. 2017). Thus, because a nationwide settlement may ultimately bar Plaintiff's claims, the Court concludes that a stay of this case is in the interest of judicial economy. See id. Accordingly, Defendant's motion to stay is granted. The Clerk of Court is respectfully directed to close the motion pending at Dkt. 14. Within one week of either the preliminary approval or rejection of the nationwide settlement agreement, the parties shall so inform the Court and advise it as to how they wish to proceed in this matter. So Ordered. (Signed by Judge Ronnie Abrams on 1/14/2019) (js)
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| Case Stayed (js) |
| Filing 32 LETTER addressed to Judge Ronnie Abrams from Joshua S. Bauchner dated 1/11/2019 re: Motion to Stay. Document filed by David Feldman.(Bauchner, Joshua) |
| Filing 31 LETTER addressed to Judge Ronnie Abrams from Richard Fama dated January 9, 2019 re: Supplemental Response. Document filed by Good Health Natural Products, LLC, UTZ Quality Foods, LLC.(Fama, Richard) |
| Filing 30 LETTER addressed to Judge Ronnie Abrams from Richard Fama dated January 7, 2019 re: Response to Plaintiff's 1/4/19 Letter. Document filed by Good Health Natural Products, LLC, UTZ Quality Foods, LLC.(Fama, Richard) |
| Filing 29 LETTER addressed to Judge Ronnie Abrams from Joshua S. Bauchner, Esq. dated January 4, 2019 re: response to Defendants' December 19, 2018 letter and in opposition to continued stay. Document filed by David Feldman.(Bauchner, Joshua) |
| Filing 28 LETTER addressed to Judge Ronnie Abrams from Richard Fama dated December 19, 2018 re: Response to an Order. Document filed by Good Health Natural Products, Inc., Good Health Natural Products, LLC, UTZ Quality Foods, LLC.(Fama, Richard) |
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Filing 27
ORDER: By Friday, December 21, 2018, Defendants are ordered to inform the Court of the status of the nationwide settlement agreement. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 12/17/2018) (cf)
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Filing 26
ORDER granting #25 Motion for F Brenden Coller to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie)
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| Filing 25 MOTION for F Brenden Coller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15657305. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UTZ Quality Foods, LLC. (Attachments: #1 Affidavit Affidavit of F Brenden Coller, #2 Exhibit NJ Certificate of Good Standing, #3 Exhibit PA Certificate of Good Standing, #4 Text of Proposed Order Order)(Coller, F.) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for F Brenden Coller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15657305. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 24
MEMO ENDORSEMENT on re: #23 Letter, filed by Good Health Natural Products, Inc., Good Health Natural Products, LLC, UTZ Quality Foods, LLC. ENDORSEMENT: Application granted. The Court will adjourn the initial pretrial conference until the Court rules on the pending motion to stay. Upon disposing of that motion the Court will, if necessary, reschedule the conference. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/3/2018) (anc)
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| Filing 23 LETTER addressed to Judge Ronnie Abrams from Richard Fama dated 10/02/2018 re: Letter Application Requesting Adjournment of Initial Case Management Conference. Document filed by Good Health Natural Products, Inc., Good Health Natural Products, LLC, UTZ Quality Foods, LLC.(Porter, E. Dean) |
| Filing 22 NOTICE OF APPEARANCE by E. Dean Harris Porter on behalf of Good Health Natural Products, Inc., Good Health Natural Products, LLC, UTZ Quality Foods, LLC. (Porter, E. Dean) |
| Filing 21 DECLARATION of Richard Fama in Support re: #14 MOTION to Stay re: #3 Complaint .. Document filed by Good Health Natural Products, Inc., UTZ Quality Foods, LLC. (Attachments: #1 Exhibit)(Fama, Richard) |
| Filing 20 REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Stay re: #3 Complaint . . Document filed by Good Health Natural Products, Inc., UTZ Quality Foods, LLC. (Fama, Richard) |
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Filing 19
MEMO ENDORSEMENT on granting #18 Motion for Extension of Time to File Response/Reply re #18 MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Stay re: #3 Complaint. #15 Memorandum of Law in Support of Motion, #16 Order, Set Deadlines/Hearings. ENDORSEMENT: Application Granted. SO ORDERED. Replies due by 9/21/2018. (Signed by Judge Ronnie Abrams on 9/17/2018) (ama)
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| Filing 18 MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Stay re: #3 Complaint ., #15 Memorandum of Law in Support of Motion, #16 Order,,,, Set Deadlines/Hearings,,, . Document filed by Good Health Natural Products, LLC, UTZ Quality Foods, LLC.(Fama, Richard) |
| Filing 17 MEMORANDUM OF LAW in Opposition re: #14 MOTION to Stay re: #3 Complaint . . Document filed by David Feldman. (Attachments: #1 Affidavit of Michael H. Ansell, Esq., #2 Exhibit A to Declaration of Michael H. Ansell, Esq.)(Ansell, Michael) |
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Filing 16
ORDER: On September 5, 2018, the appearing Defendants filed a motion to stay pending the approval of a class action settlement that may affect this case. Plaintiff must respond to Defendants' motion, if at all, no later than September 14, 2018. If Plaintiff does not file a response by that date, the Court will consider the motion to be unopposed. Defendants' deadline to respond to the Complaint is extended until seven days after the Court rules on the motion to stay or until another date set by the Court in that ruling. The initial pretrial conference currently scheduled for September 21, 2018, is also adjourned until October 12, 2018, at 10: 15 a.m. The relevant pre-conference materials, identified in the order at Dkt. 10, shall be due by October 5, 2018. SO ORDERED., ( Responses due by 9/14/2018, Initial Conference set for 10/12/2018 at 10:15 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 9/07/2018) (ama)
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| Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION to Stay re: #3 Complaint . . Document filed by Good Health Natural Products, Inc., Good Health Natural Products, LLC, UTZ Quality Foods, LLC. (Fama, Richard) |
| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Stay re: #3 Complaint . Document filed by Good Health Natural Products, Inc., Good Health Natural Products, LLC, UTZ Quality Foods, LLC. (Attachments: #1 Affidavit Declaration, #2 Exhibit)(Fama, Richard) Modified on 9/17/2018 (db). |
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/7/2018) (rj)
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| Set/Reset Deadlines: Good Health Natural Products, Inc. answer due 9/10/2018; Good Health Natural Products, LLC answer due 9/10/2018; UTZ Quality Foods, LLC answer due 9/10/2018. (rj) |
| Filing 12 LETTER MOTION for Extension of Time to Answer, Move, or Otherwise Respond addressed to Judge Ronnie Abrams from Richard Fama dated August 6, 2018. Document filed by Good Health Natural Products, Inc., Good Health Natural Products, LLC, UTZ Quality Foods, LLC.(Fama, Richard) |
| Filing 11 AFFIDAVIT OF SERVICE. Good Health Natural Products, Inc. served on 7/17/2018, answer due 8/7/2018; Good Health Natural Products, LLC served on 7/17/2018, answer due 8/7/2018; UTZ Quality Foods, LLC served on 7/17/2018, answer due 8/7/2018. Service was accepted by Steve Kerr, Human Resources Manager. Document filed by David Feldman. (Bauchner, Joshua) |
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Filing 10
ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 9/21/2018 at 11:30 AM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 7/16/2018) (tro)
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| Filing 9 ELECTRONIC SUMMONS ISSUED as to Good Health Natural Products, Inc.. (dnh) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Good Health Natural Products, LLC. (dnh) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to UTZ Quality Foods, LLC. (dnh) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Good Health Natural Products, Inc., re: #3 Complaint. Document filed by David Feldman. (Bauchner, Joshua) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Good Health Natural Products, LLC, re: #3 Complaint. Document filed by David Feldman. (Bauchner, Joshua) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Utz Quality Foods, Inc., re: #3 Complaint. Document filed by David Feldman. (Bauchner, Joshua) |
| Filing 3 COMPLAINT against Good Health Natural Products, Inc., Good Health Natural Products, LLC, UTZ Quality Foods, LLC, Pat Posts 1-10, ABC Corps. 1-10. Document filed by David Feldman.(Bauchner, Joshua) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joshua Scott Bauchner. The party information for the following party/parties has been modified: David Feldman. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joshua Scott Bauchner to RE-FILE re: Document No. #2 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #2 Complaint. Filing fee $ 400.00. Pay.gov receipt number 0208-15276599, paid on 7/2/2018. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joshua Scott Bauchner. The following case opening statistical information was erroneously selected/entered: Cause of Action code 21:348; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the County code has been modified to Nassau. (pc) |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Good Health Natural Products, Inc., Good Health Natural Products, LLC, UTZ Quality Foods, LLC. Document filed by David Feldman.(Bauchner, Joshua) Modified on 7/3/2018 (pc). |
| Filing 1 CIVIL COVER SHEET filed. (Bauchner, Joshua) |
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