Delcid et al v. Unilever United States, Inc.
| Otto Delcid and Luz Roman |
| Unilever United States, Inc., Helen of Troy Limited and Tengram Capital Partners, LLC |
| Mina Kallamni |
| 1:2021cv09569 |
| November 18, 2021 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Other Fraud |
| 28 U.S.C. § 1332 fr |
| Plaintiff |
Docket Report
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Filing 17
ORDER granting (16) Letter Motion to Consolidate Cases 21cv9569 (as Lead Case) with 21cv9616 in case 1:21-cv-09569-VSB. In light of the foregoing, Federal Rule of Civil Procedure 42(a), and the governing precedent on consolidation, (see Doc. 14), the unopposed motion for consolidation is GRANTED. The proposed schedule set forth in this letter is hereby adopted. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 1/10/2022) Filed In Associated Cases: 1:21-cv-09569-VSB, 1:21-cv-09616-VSB (kv)
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Filing 16
LETTER MOTION to Consolidate Cases 1:21-cv-09569, 1:21-cv-09616 (Unopposed) addressed to Judge Vernon S. Broderick from Andrew J. Obergfell, Esq. dated January 4, 2022. Document filed by Otto Delcid, Luz Roman..(Obergfell, Andrew)
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Filing 15
NOTICE OF APPEARANCE by Eamon Paul Joyce on behalf of Helen of Troy Limited, Tengram Capital Partners, LLC..(Joyce, Eamon)
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Filing 14
ORDER denying without prejudice #12 Letter Motion to Consolidate Cases ; denying without prejudice #12 Motion to Appoint Counsel. IT IS HEREBY ORDERED that the Motion is DENIED without prejudice. Given that no Defendant has appeared in either action that Plaintiffs seek to consolidate, I do not have the benefit of any Defendant's views on the Motion. Plaintiffs may renew the Motion if and when Defendants appear in this action. It is further ORDERED that, given that Defendants have failed to appear, Plaintiffs must seek a default judgment in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than February 4, 2022. In addition to the filings called for by my Individual Rules, Plaintiffs may file a motion for class certification. If Plaintiffs do move for class certification as part of seeking default judgment, their briefing on that motion should explain both the propriety of service in this action and why personal jurisdiction over Defendants is proper, and their briefing should refer to recent Second Circuit case law on specific jurisdiction. If Plaintiffs do not move for default judgment by February 4, 2022, or if they otherwise demonstrate that they do not intend to prosecute, I will dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is directed to close the open motion at docket number 12. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 1/3/2022) (kv)
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Set/Reset Deadlines: Motions due by 2/4/2022. (kv)
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Filing 13
MEMORANDUM OF LAW in Support re: #12 MOTION to Consolidate Cases 1:21-cv-09569, 1:21-cv-09616 Pursuant To Fed. R. Civ. P. 42(a). MOTION to Appoint Counsel Co-Interim Class Counsel Pursuant to Fed. R. Civ. P. 23(g). . Document filed by Otto Delcid, Luz Roman. (Attachments: #1 Declaration of Andrew J. Obergfell, #2 Exhibit A to Declaration of Andrew J. Obergfell, #3 Exhibit B to Declaration of Andrew J. Obergfell, #4 Exhibit C to Declaration of Andrew J. Obergfell, #5 Declaration of Jason P. Sultzer, #6 Exhibit A to Declaration of Jason P. Sultzer, #7 Declaration of Charles E. Schaffer, #8 Exhibit A to Declaration of Charles E. Schaffer).(Obergfell, Andrew)
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Filing 12
MOTION to Consolidate Cases 1:21-cv-09569, 1:21-cv-09616 Pursuant To Fed. R. Civ. P. 42(a)., MOTION to Appoint Counsel Co-Interim Class Counsel Pursuant to Fed. R. Civ. P. 23(g).( Return Date set for 1/21/2022 at 10:00 AM.) Document filed by Otto Delcid, Luz Roman..(Obergfell, Andrew)
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Filing 11
SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Helen of Troy Limited served on 11/29/2021, answer due 12/20/2021. Service was accepted by John Calderon, Front Desk, Authorized Employee. Document filed by Otto Delcid; Luz Roman..(Roberts, Max)
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Filing 10
SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Tengram Capital Partners, LLC served on 11/24/2021, answer due 12/15/2021. Service was accepted by Incorporating Services, LTD, Registered Agent. Document filed by Otto Delcid; Luz Roman..(Roberts, Max)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Tengram Capital Partners, LLC. (vf)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Helen of Troy Limited. (vf)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Tengram Capital Partners, LLC, re: #5 Amended Complaint,. Document filed by Otto Delcid, Luz Roman..(Obergfell, Andrew)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Helen of Troy Limited, re: #5 Amended Complaint,. Document filed by Otto Delcid, Luz Roman..(Obergfell, Andrew)
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Filing 5
FIRST AMENDED COMPLAINT amending #1 Complaint against Helen of Troy Limited, Tengram Capital Partners, LLC with JURY DEMAND.Document filed by Otto Delcid, Luz Roman. Related document: #1 Complaint. (Attachments: #1 Exhibit 1 - Demand Letter).(Obergfell, Andrew)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Unilever United States, Inc...(jgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew Obergfell. The party information for the following party/parties has been modified: Otto Delcid; Luz Roman. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
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Case Designated ECF. (jgo)
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Magistrate Judge Katharine H. Parker 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. (jgo)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Unilever United States, Inc., re: #1 Complaint. Document filed by Otto Delcid, Luz Roman..(Obergfell, Andrew)
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Filing 2
CIVIL COVER SHEET filed..(Obergfell, Andrew)
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Filing 1
COMPLAINT against Unilever United States, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25355520)Document filed by Otto Delcid, Luz Roman. (Attachments: #1 Exhibit 1 - Demand Letter).(Obergfell, Andrew)
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