Philippe et al v. Nurture, Inc.
| Myjorie Philippe, Alyssa Rose, Vanessa Inoa, Cassie Isza, Dawn Johnson and Helen Howard |
| Nurture, Inc. |
| Nicole Stewart, Shannon Fitzgerald and Summer Apicella |
| 1:2021cv06632 |
| August 5, 2021 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Other Fraud |
| 28 U.S.C. § 1332 fr |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 17
ORDER granting (13) Motion to Consolidate Cases 1:21-cv-1217 (as Lead Case) with 1:21-cv-1271,1:21-cv-1473,1:21-cv-1534,1:21-cv-1882,1:21-cv-2101,1:21-cv-2129,1:21-cv-2553, 1:21-cv-3499,1:21-cv-4997,1:21-cv-5344,1:21-cv-5748,1:21-cv-6632,1:21-cv-6678,1:21-cv-6861, 1:21-cv-6918 in case 1:21-cv-01217-MKV; granting (6) Motion to Consolidate Cases 1:21-cv-1217 (as Lead Case) with 1:21-cv-1271,1:21-cv-1473,1:21-cv-1534,1:21-cv-1882,1:21-cv-2101,1:21-cv-2129,1:21-cv-2553, 1:21-cv-3499,1:21-cv-4997,1:21-cv-5344,1:21-cv-5748,1:21-cv-6632,1:21-cv-6678,1:21-cv-6861, 1:21-cv-6918 in case 1:21-cv-01271-MKV; granting (17) Motion to Consolidate Cases 1:21-cv-1217 (as Lead Case) with 1:21-cv-1271,1:21-cv-1473,1:21-cv-1534,1:21-cv-1882,1:21-cv-2101,1:21-cv-2129,1:21-cv-2553, 1:21-cv-3499,1:21-cv-4997,1:21-cv-5344,1:21-cv-5748,1:21-cv-6632,1:21-cv-6678,1:21-cv-6861, 1:21-cv-6918 in case 1:21-cv-01473-MKV; granting (19) Motion to Consolidate Cases 1:21-cv-1217 (as Lead Case) with 1:21-cv-1271,1:21-cv-1473,1:21-cv-1534,1:21-cv-1882,1:21-cv-2101,1:21-cv-2129,1:21-cv-2553, 1:21-cv-3499,1:21-cv-4997,1:21-cv-5344,1:21-cv-5748,1:21-cv-6632,1:21-cv-6678,1:21-cv-6861, 1:21-cv-6918 in case 1:21-cv-01534-MKV; granting (15) Motion to Consolidate Cases 1:21-cv-1217 (as Lead Case) with 1:21-cv-1271,1:21-cv-1473,1:21-cv-1534,1:21-cv-1882,1:21-cv-2101,1:21-cv-2129,1:21-cv-2553, 1:21-cv-3499,1:21-cv-4997,1:21-cv-5344,1:21-cv-5748,1:21-cv-6632,1:21-cv-6678,1:21-cv-6861, 1:21-cv-6918 in case 1:21-cv-01882-MKV. IT IS HEREBY ORDERED THAT: Other than as described in paragraph two (2) below, the sixteen (16) above referenced actions, only to the extent they name Nurture as the sole baby food manufacturer defendant, are hereby consolidated before the Honorable Mary Kay Vyskocil and shall hereafter be identified as: In re Nurture Baby Food Litigation, Master File No. 1:21-cv-01217-MKV (the "Consolidated Actions"). Every pleading in In re Nurture Baby Food Litigation, Master File No. 1:21-cv-01217-MKV, shall bear the following caption. The deadline for the filing of any motions in the Consolidated Actions seeking interim lead counsel appointment pursuant to Fed. R. Civ. P. 23(g) is September 28, 2021. Omnibus papers in response to the Fed. R. Civ. P. 23(g) motions shall be filed on or before October 19, 2021. The deadline for the filing of any reply briefs is October 26, 2021. Absent further Order of the Court, the deadline for the filing of a consolidated complaint in the Consolidated Actions is sixty (60) days following the entry of an order under Fed. R. Civ. P. 23(g). The deadline for the filing of Defendant's response to the consolidated complaint is forty-five (45) days after the filing of the consolidated complaint. The Court GRANTS Defendant leave to file a motion to dismiss the consolidated complaint and waives the requirement in the Court's Individual Practice Rules that Defendant file a letter requesting a pre-motion conference. Should Defendant move to dismiss the consolidated complaint, the deadline for the filing of Plaintiffs' papers in opposition is forty-five (45) days following the filing of the motion to dismiss. Defendant's reply papers shall be filed twenty-one (21) days after the filing of Plaintiffs' opposition papers. The parties shall consult the Court's Individual Practice Rules and ensure compliance therewith. Failure to comply with the deadlines or other terms of this Order may result in sanctions, including preclusion or dismissal of claims or defenses. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/30/2021) Filed In Associated Cases: 1:21-cv-01217-MKV et al. (rj)
|
| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-01217-MKV.. (rj) |
| Set/Reset Deadlines: Motions due by 9/28/2021. Responses due by 10/19/2021 Replies due by 10/26/2021. Associated Cases: 1:21-cv-01217-MKV et al.(rj) |
| Filing 16 NOTICE of Filing [Proposed] Consolidation Order in further support of their motion to consolidate related actions pending in this District against Nurture, Inc. (including this action), on the Stewart docket. Document filed by Nicole Stewart, Shannon Fitzgerald, Summer Apicella..(Feldman, Lori) |
| Filing 15 NOTICE OF APPEARANCE by Christopher Kin Leung on behalf of Helen Howard, Vanessa Inoa, Cassie Isza, Dawn Johnson, Myjorie Philippe, Alyssa Rose..(Leung, Christopher) |
|
Filing 14
SCHEDULING ORDER: A telephonic conference in the above-referenced actions is scheduled for August 27, 2021, at 11:00 AM. Given the number of parties, the conference will be held by videoconference on Microsoft Teams. Counsel for all parties shall appear by video. Counsel will receive a link via email before the conference. Members of the public and press may access the conference via telephone by dialing 1-917-933-2166 and using conference ID 231 409 366 #. SO ORDERED. Telephone Conference set for 8/27/2021 at 11:00 AM before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 8/23/2021) (va)
|
|
Filing 13
ORDER granting #9 Motion for Rosanne L Mah to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
|
|
Filing 12
ORDER granting #8 Motion for Mark H Troutman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
|
|
Filing 11
ORDER granting #7 Motion for Rosemary M Rivas to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
|
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Mark H. Troutman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24913276. Motion and supporting papers to be reviewed by Clerk's Office staff., #9 MOTION for Rosanne L. Mah to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24913358. Motion and supporting papers to be reviewed by Clerk's Office staff., #7 MOTION for Rosemary M. Rivas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
|
Filing 10
SCHEDULING ORDER: Plaintiffs commenced this action on August 5, 2021, by filing the Complaint. [ECF Nos. 1, 4.] Plaintiffs designated this case as related to Stewart v. Nurture, Inc., 21-cv-1217-MKV, to which ten other open cases in this District have been designated as related. [ECF No. 3.] The Court directs counsel for all parties to appear at the upcoming conference in those cases scheduled for August 27, 2021, at 11:00 AM. The conference will be held telephonically. To join the conference, dial 888-278-0296 and enter access code 5195844. The parties should be prepared to discuss the pending motion to consolidate, the proposed order on consolidation, including the deadlines proposed therein, and all other scheduling and pretrial matters. SO ORDERED., Telephone Conference set for 8/27/2021 at 11:00 AM before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 8/10/2021) (rj)
|
| Filing 9 MOTION for Rosanne L. Mah to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24913358. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Helen Howard, Vanessa Inoa, Cassie Isza, Dawn Johnson, Myjorie Philippe, Alyssa Rose. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Affidavit of Rosanne L. Mah, #3 Exhibit C - Proposed Order).(Mah, Rosanne) |
| Filing 8 MOTION for Mark H. Troutman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24913276. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Helen Howard, Vanessa Inoa, Cassie Isza, Dawn Johnson, Myjorie Philippe, Alyssa Rose. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Affidavit of Mark H. Troutman, #3 Exhibit C - Proposed Order).(Troutman, Mark) |
| Filing 7 MOTION for Rosemary M. Rivas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Helen Howard, Vanessa Inoa, Cassie Isza, Dawn Johnson, Myjorie Philippe, Alyssa Rose. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Affidavit of Rosemary M. Rivas, #3 Exhibit C - Proposed Order).(Rivas, Rosemary) |
| Pro Hac Vice Fee Payment: for #7 MOTION for Rosemary M. Rivas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-24913513..(Rivas, Rosemary) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Nurture, Inc...(jgo) |
| NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Unassigned is no longer assigned to the case. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-01271-MKV. Notice of Assignment to follow. (vba) |
| Magistrate Judge Debra C. Freeman 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Nurture, Inc., re: #4 Complaint. Document filed by Helen Howard, Vanessa Inoa, Cassie Isza, Dawn Johnson, Myjorie Philippe, Alyssa Rose..(Rodriguez, Max) |
| Filing 4 COMPLAINT against Nurture, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24896927)Document filed by Dawn Johnson, Vanessa Inoa, Alyssa Rose, Helen Howard, Myjorie Philippe, Cassie Isza..(Rodriguez, Max) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Max Ephraim Rodriguez. The party information for the following party/parties has been modified: Alyssa Rose. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Max Ephraim Rodriguez to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed by the filing attorney. 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) |
| Case Designated ECF. (pc) |
| CASE REFERRED TO Judge Mary Kay Vyskocil as possibly related to 21cv1271. (pc) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-01217. Document filed by Helen Howard, Vanessa Inoa, Cassie Isza, Dawn Johnson, Myjorie Philippe, Alyssa Rose..(Rodriguez, Max) |
| Filing 2 CIVIL COVER SHEET filed. (Attachments: #1 Plaintiffs' Attorneys of Record).(Rodriguez, Max) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Nurture, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24894510)Document filed by Dawn Johnson, Vanessa Inoa, Alyssa Rose, Helen Howard, Myjorie Philippe, Cassie Isza..(Rodriguez, Max) Modified on 8/6/2021 (pc). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
