Dickens v. Thinx, Inc.
| Nicole Dickens, Haleh Allahverdi, Haley Burgess, Lili Mitchell and Jillian Blenis |
| Thinx, Inc. |
| 1:2022cv04286 |
| May 25, 2022 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 41 MEMO ENDORSEMENT granting #40 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Andrei Rado as counsel and to terminate ECF No. 40. Attorney Andrei V. Rado terminated. (Signed by Judge Jesse M. Furman on 2/28/2023) (tg) |
| Filing 40 MOTION for Andrei Rado to Withdraw as Attorney . Document filed by Haleh Allahverdi, Jillian Blenis, Haley Burgess, Nicole Dickens, Lili Mitchell..(Segui, Harper) |
| Filing 39 MOTION for Attorney Fees Reimbursement of Expenses, and Service Awards. Document filed by Haleh Allahverdi, Jillian Blenis, Haley Burgess, Nicole Dickens, Lili Mitchell. (Attachments: #1 Supplement Memorandum of Law in Support of Plaintiffs Unopposed Motion for Award of Attorneys Fees, Reimbursement of Expenses, and Service Awards, #2 Affidavit Joint Declaration of Class Counsel in Support of Plaintiffs Unopposed Motion for Award of Attorneys Fees, Reimbursement of Expenses, and Service Awards, #3 Text of Proposed Order [PROPOSED] ORDER ON PLAINTIFFS UNOPPOSED MOTION FOR ATTORNEYS FEES, REIMBURSEMENT OF EXPENSES, AND SERVICE AWARDS).(Ruben, Erin) |
Filing 38
ORDER granting #37 Letter Motion for Leave to File Excess Pages. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 37. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/22/2023) (jca)
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| Filing 37 LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Erin J. Ruben dated February 22, 2023. Document filed by Haleh Allahverdi, Jillian Blenis, Haley Burgess, Nicole Dickens, Lili Mitchell..(Ruben, Erin) |
| Filing 36 LETTER from Karen Chaw dated 2/8/23 re: "CLASS SETTLEMENT IN DICKENS ET AL. V. THINX INC." - I would like to object to the Dickens et al. v. Thinx Inc. Settlement as a past customer of Thinx etc. (sc) |
| Filing 35 LETTER from Elaine Chaw, re: "OBJECTION TO CLASS SETTLEMENT IN DICKENS ET AL. V. THINX INC." - I would like to object to the Dickens et al. v. Thinx Inc. Settlement as a past customer of Thinx etc. (sc) |
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Filing 34
ORDER granting #33 Motion for Harper T. Segui to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Harper T. Segui to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27140498. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 33 MOTION for Harper T. Segui to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27140498. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haleh Allahverdi, Jillian Blenis, Haley Burgess, Nicole Dickens, Lili Mitchell. (Attachments: #1 Affidavit of Harper T. Segui, #2 Supplement Certificate of Good Standing- GA, #3 Supplement Certificate of Good Standing- SC, #4 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Segui, Harper) |
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Filing 32
ORDER granting #31 Motion for Rachel L. Soffin to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Rachel L. Soffin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27080392. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 31 MOTION for Rachel L. Soffin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27080392. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haleh Allahverdi, Jillian Blenis, Haley Burgess, Nicole Dickens, Lili Mitchell. (Attachments: #1 Affidavit Affidavit of Rachel Soffin, #2 Supplement Certificates of Good Standing, #3 Text of Proposed Order Proposed Order Granting Pro Hac Vice).(Soffin, Rachel) |
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Filing 30
FURTHER ORDER REGARDING PRELIMINARY APPROVAL granting #29 Letter Motion for Extension of Time. NOW, THEREFORE, IT IS HEREBY ORDERED 1. Any Settlement Class Member who wishes to receive the Class Benefit must accurately and timely submit the Claim Form and any required documentation by ninety (90) days after the Notice Date. 2. The Court will hold a Final Approval Hearing by telephone on May 24, 2023, at 3:30 pm. 3. This Order does not alter any other deadline set forth in the Preliminary Approval Order (ECF No. 26). The Clerk of Court is directed to terminate ECF No. 29. (Signed by Judge Jesse M. Furman on 12/8/2022) (ate)
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| Filing 29 JOINT LETTER MOTION for Extension of Time and Request for Entry of Further Order Regarding Preliminary Approval addressed to Judge Jesse M. Furman from Erin J. Ruben dated December 8, 2022. Document filed by Haleh Allahverdi, Jillian Blenis, Haley Burgess, Nicole Dickens, Lili Mitchell. (Attachments: #1 Text of Proposed Order PROPOSED FURTHER ORDER REGARDING PRELIMINARY APPROVAL).(Ruben, Erin) |
| Set/Reset Hearings: Telephone Conference set for 5/24/2023 at 03:30 PM before Judge Jesse M. Furman. (ate) |
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Filing 28
ORDER granting #27 Motion for John Hunter Bryson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for John Hunter Bryson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27041662. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 27 MOTION for John Hunter Bryson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27041662. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haleh Allahverdi, Jillian Blenis, Haley Burgess, Nicole Dickens, Lili Mitchell. (Attachments: #1 Affidavit of J. Hunter Bryson, #2 Supplement COGS, #3 Text of Proposed Order Proposed Order Granting Pro Hac Vice).(Bryson, John) |
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Filing 26
PRELIMINARY APPROVAL ORDER granting #23 Motion to Approve PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT. The Court adopts all defined terms as set forth in the Settlement Agreement. Plaintiffs Nicole Dickens, Haleh Allahverdi, Haley Burgess, Jillian Blenis, and Lili Mitchell are hereby appointed as Class Representatives. Erin Ruben, Rachel Soffin, Harper Segui, and Hunter Bryson are hereby appointed as Class Counsel.The Court hereby preliminarily approves the Settlement, as memorialized in the Settlement Agreement, as fair, reasonable, and adequate, and in the best interest of the Plaintiffs and the other Settlement Class Members, subject to further consideration at the Final Approval Hearing to be conducted as described below.The Court hereby stays this Action pending final approval of the Settlement, and enjoins, pending final approval of the Settlement, any actions brought by the named Plaintiffs concerning a Released Claim. The Court appoints Epiq to serve as the Settlement Administrator to supervise and administer the Notice Plan, establish and operate a Settlement Website, administer the Claims process, including the determination of valid claims, distribute the Class Benefit to Valid Claimants according to the criteria set forth in the Settlement Agreement, and perform and other duties of the Settlement Administrator provided for in the Settlement Agreement. The Court will hold a Final Approval Hearing by telephone on May 3, 2023 at 3:30 p.m. for the following purposes: (i) to determine whether the Settlement should be approved as fair, reasonable, and adequate and in the best interests of Settlement Class Members; (ii) to rule upon Class Counsel's application for an award of attorneys' fees and expenses; (iii) to rule upon Class Counsel's application for service awards for the Class Representatives; and (iv) to consider any other matters that may properly be brought before the Court in connection with the Settlement. Class Counsel's application for an award of attorneys' fees and expenses, and Class Counsel's application for service awards, will be decided in an order separate from the order that addresses the fairness, reasonableness, and adequacy of the Settlement. The Court retains exclusive jurisdiction over this Action to consider all further matters arising out of or connected with the Settlement and as further set forth in this Order. The Clerk of Court is directed to terminate ECF No. 23.At least twenty-four hours before the Fairness Hearing, counsel shall email to the Court thenames and telephone numbers of those who will have speaking roles at the conference, andthe Court will provide call-in information to those counsel. All others counsel who willnot have speaking roles and members of the public may listen to the hearing by callingthe Courts dedicated conference call line at (888) 363-4749 and using access code542-1540 followed by the pound (#) key. The parties are reminded to follow theprocedures for teleconferences described in the Courts Individual Rules and Practices forCivil Cases, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 11/28/22) (yv)
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| Set/Reset Hearings: Telephone Conference set for 5/3/2023 at 03:30 PM before Judge Jesse M. Furman. (yv) |
| Filing 25 NOTICE of of Non-Opposition to Plaintiffs' Motion for Preliminary Approval of Class Action Settlement re: #23 MOTION to Approve PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT .. Document filed by Thinx, Inc...(Patel, Purvi) |
| Filing 24 MEMORANDUM OF LAW in Support re: #23 MOTION to Approve PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT . . Document filed by Haleh Allahverdi, Jillian Blenis, Haley Burgess, Nicole Dickens, Lili Mitchell. (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Exhibit A-F to Exhibit 1, #3 Exhibit 2 - Joint Declaration of Proposed Class Counsel).(Ruben, Erin) |
| Filing 23 MOTION to Approve PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT . Document filed by Haleh Allahverdi, Jillian Blenis, Haley Burgess, Nicole Dickens, Lili Mitchell. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion for Preliminary Approval of Settlement Agreement).(Ruben, Erin) |
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 21. SO ORDERED. ( Motions due by 11/22/2022.) (Signed by Judge Jesse M. Furman on 11/16/22) (yv)
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| Filing 21 LETTER MOTION for Extension of Time to File Motion for Preliminary Approval addressed to Judge Jesse M. Furman from Erin Ruben dated November 16, 2022. Document filed by Haleh Allahverdi, Jillian Blenis, Haley Burgess, Nicole Dickens, Lili Mitchell..(Ruben, Erin) |
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 19. SO ORDERED. Motions due by 11/17/2022. (Signed by Judge Jesse M. Furman on 10/25/2022) (vfr)
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| Filing 19 JOINT LETTER MOTION for Extension of Time to File Motion for Preliminary Approval addressed to Judge Jesse M. Furman from Erin J. Ruben dated October 25, 2022. Document filed by Haleh Allahverdi, Jillian Blenis, Haley Burgess, Nicole Dickens, Lili Mitchell..(Ruben, Erin) |
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Filing 18
ORDER granting #17 Letter Motion to Stay re: #17 JOINT LETTER MOTION to Stay Proceedings and Request to Vacate Upcoming Case Deadlines addressed to Judge Jesse M. Furman from Purvi G. Patel dated September 1, 2022. Application GRANTED. Plaintiffs shall file a motion for preliminary approval by October 31, 2022. The Clerk of Court is directed to terminate ECF No. 17. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/2/22) (yv)
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| Set/Reset Deadlines: Motions due by 10/31/2022. (yv) |
| Filing 17 JOINT LETTER MOTION to Stay Proceedings and Request to Vacate Upcoming Case Deadlines addressed to Judge Jesse M. Furman from Purvi G. Patel dated September 1, 2022. Document filed by Thinx, Inc...(Patel, Purvi) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Erin Johnson Ruben. The party information for the following party/parties has been modified: Haleh Allahverdi; Haley Burgess; Lili Mitchell; Jillian Blenis. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| Filing 16 AMENDED COMPLAINT amending #1 Complaint, against Thinx, Inc. with JURY DEMAND.Document filed by Nicole Dickens, Haleh Allahverdi, Haley Burgess, Lili Mitchell, Jillian Blenis. Related document: #1 Complaint,..(Ruben, Erin) |
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Filing 15
ORDER granting #13 Motion for Prabhjyot K. Singh to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 14
ORDER granting #12 Motion for Erin J. Ruben to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Prabhjyot K. Singh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-26512250. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Erin J. Ruben to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26511452. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 13 MOTION for Prabhjyot K. Singh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-26512250. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Thinx, Inc.. (Attachments: #1 Affidavit In Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing-California Supreme Court, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Singh, Prabhjyot) |
| Filing 12 MOTION for Erin J. Ruben to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26511452. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nicole Dickens. (Attachments: #1 Affidavit of Erin J. Ruben, #2 Supplement Certificate of Good Standing- NC, #3 Supplement Certificate of Good Standing- VA, #4 Text of Proposed Order Order).(Ruben, Erin) |
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Filing 11
ORDER granting #10 Motion for Purvi G. Patel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Purvi G. Patel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26508442. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 10 MOTION for Purvi G. Patel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26508442. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Thinx, Inc.. (Attachments: #1 Affidavit In Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing-California Supreme Court, #3 Exhibit Certificate of Good Standing-Illinois Supreme Court, #4 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Patel, Purvi) |
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Filing 9
ORDER granting #7 Letter Motion for Extension of Time. Application GRANTED. The initial pretrial conference currently scheduled for September 6, 2022, is hereby ADJOURNED to September 13, 2022, at 4:30 p.m. The Clerk of Court is directed to terminate ECF No. 7. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/21/22) (yv)
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| Set/Reset Hearings: Initial Conference set for 9/13/2022 at 04:30 PM before Judge Jesse M. Furman. (yv) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Thinx, Inc...(Hunt, Adam) |
| Filing 7 JOINT LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Andrei Rado and Adam Hunt dated 7/21/2022. Document filed by Nicole Dickens..(Rado, Andrei) |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Thinx, Inc. waiver sent on 5/26/2022, answer due 7/25/2022. Document filed by Nicole Dickens..(Rado, Andrei) |
| Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/6/2022 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 5/26/2022) (kv) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Thinx, Inc...(gp) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrei V. Rado. The party information for the following party/parties has been modified: Nicole Dickens. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(gp) |
| Magistrate Judge Sarah L. Cave 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Thinx, Inc., re: #1 Complaint,. Document filed by Nicole Dickens..(Rado, Andrei) |
| Filing 2 CIVIL COVER SHEET filed..(Rado, Andrei) |
| Filing 1 COMPLAINT against Thinx, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26195905)Document filed by Nicole Dickens. (Attachments: #1 Exhibit A- Nanosilver, #2 Exhibit B- GOTS Certificate, #3 Exhibit C- GOTS Standards, #4 Exhibit D- Thinx Testing).(Rado, Andrei) |
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