Peni v. Daily Harvest, Inc.
Breeanne Buckley Peni |
Daily Harvest, Inc., Second Bite Foods, Inc doing business as Stone Gate Foods and John Doe Entities 1-5 |
1:2022cv05443 |
June 27, 2022 |
US District Court for the Southern District of New York |
Denise L Cote |
Personal Inj. Prod. Liability |
28 U.S.C. § 1333 in Personal Injury |
Plaintiff |
Docket Report
This docket was last retrieved on January 29, 2024. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 24 NOTICE OF PRETRIAL CONFERENCE: DATE OF CONFERENCE: NOVEMBER 4, 2022 AT 3:00 P.M. The conference shall be held in Courtroom 18B, 500 Pearl Street, New York, New York 10007. Initial Conference set for 11/4/2022 at 03:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 8/23/2022) (ate) |
Filing 23 ELECTRONIC SUMMONS ISSUED as to Second Bite Foods, Inc. (vf) |
Filing 22 REQUEST FOR ISSUANCE OF SUMMONS as to Second Bite Foods, Inc. d/b/a Stone Gate Foods, re: #21 Amended Complaint. Document filed by Breeanne Buckley Peni..(Peluso, James) |
Filing 21 AMENDED COMPLAINT amending #1 Complaint against Daily Harvest, Inc., Second Bite Foods, Inc, John Doe Entities 1-5 with JURY DEMAND.Document filed by Breeanne Buckley Peni. Related document: #1 Complaint..(Peluso, James) |
NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Vernon S. Broderick is no longer assigned to the case..(aea) |
Filing 20 NOTICE OF APPEARANCE by Joseph Edward O'Connor on behalf of Breeanne Buckley Peni..(O'Connor, Joseph) |
Filing 19 AFFIDAVIT OF SERVICE of Summons and Complaint. Daily Harvest, Inc. served on 7/27/2022, answer due 8/17/2022. Service was accepted by Jenn Collins, Agent for Service of Process. Document filed by Breeanne Buckley Peni..(Peluso, James) |
Filing 18 ORDER granting #17 Letter Motion for Extension of Time to File Response/Reply re #17 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Compel Arbitration . MOTION to Stay Proceedings. On Consent of All Parties addressed to Judge Vernon S. Broderick from James R. APPLICATION GRANTED SO ORDERED. Responses due by 9/5/2022 Replies due by 9/26/2022.. (Signed by Judge Vernon S. Broderick on 8/4/2022) (jca) |
Filing 17 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Compel Arbitration . MOTION to Stay Proceedings. On Consent of All Parties addressed to Judge Vernon S. Broderick from James R. Peluso dated August 3, 2022. Document filed by Breeanne Buckley Peni..(Peluso, James) |
Filing 16 LETTER addressed to Judge Vernon S. Broderick from James R. Peluso dated July 28, 2022 re: Response to the Court's Order dated July 25, 2022. Document filed by Breeanne Buckley Peni..(Peluso, James) |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #14 Proposed Order was reviewed and approved as to form. (nd) |
Filing 15 NOTICE OF APPEARANCE by Justin Micheal Ginter on behalf of Daily Harvest, Inc...(Ginter, Justin) |
Filing 14 PROPOSED ORDER. Document filed by Daily Harvest, Inc.. Related Document Number: #11 ..(Jacobson, Jeffrey) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 13 DECLARATION of Ricky Silver in Support re: #11 MOTION to Compel Arbitration . MOTION to Stay Proceedings.. Document filed by Daily Harvest, Inc.. (Attachments: #1 Exhibit A - Terms of Use).(Jacobson, Jeffrey) |
Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Compel Arbitration . MOTION to Stay Proceedings. . Document filed by Daily Harvest, Inc...(Jacobson, Jeffrey) |
Filing 11 MOTION to Compel Arbitration ., MOTION to Stay Proceedings. Document filed by Daily Harvest, Inc...(Jacobson, Jeffrey) |
Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Daily Harvest, Inc...(Jacobson, Jeffrey) |
Filing 9 NOTICE OF APPEARANCE by Jeffrey S. Jacobson on behalf of Daily Harvest, Inc...(Jacobson, Jeffrey) |
Filing 8 ORDER re: #7 Affidavit of Service Complaints, filed by Breeanne Buckley Peni. To date, Defendant has not appeared or responded to the complaint. Plaintiff, however, has taken no action to prosecute this case. Accordingly, if Plaintiff intends to seek a default judgment, they are directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than July 31, 2022. If Plaintiff fails to do so or otherwise demonstrate that they intend to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/25/2022) (kv) |
Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Daily Harvest, Inc. served on 6/30/2022, answer due 7/21/2022. Service was accepted by Colleen Banahan, an agent in the Office of the Secretary of State, State of New York. Document filed by Breeanne Buckley Peni..(Peluso, James) |
Filing 6 ELECTRONIC SUMMONS ISSUED as to Daily Harvest, Inc...(lal) |
CASE ACCEPTED AS RELATED. Create association to 1:22-cv-05385-VSB. Notice of Assignment to follow. (aea) |
NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Unassigned is no longer assigned to the case. (aea) |
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. (aea) |
Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Daily Harvest, Inc., re: #1 Complaint. Document filed by Breeanne Buckley Peni..(Peluso, James) |
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James Rocco Peluso, Jr. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 245 (Tort Product Liability); Citizenship Plaintiff code 2 (Citizen of Another State); Citizenship Defendant code 1 (Citizen of This State); Dollar Demand 9,999,000. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 365 (Personal Inj. Prod. Liability); the Citizenship Plaintiff code has been modified to 1 (Citizen of This State); the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Dollar Demand has been modified to 5,000,000. (vf) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James Rocco Peluso, Jr.. The party information for the following party/parties has been modified: Breeanne Buckley Peni. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (vf) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney James Rocco Peluso, Jr. to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
CASE REFERRED TO Judge Vernon S. Broderick as possibly related to 1:22-cv-05385. (vf) |
Case Designated ECF. (vf) |
Filing 4 FILING ERROR - DEFICIENT- SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Daily Harvest, Inc., re: #1 Complaint. Document filed by Breeanne Buckley Peni..(Peluso, James) Modified on 6/28/2022 (vf). |
Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:22-cv-05385. Document filed by Breeanne Buckley Peni..(Peluso, James) |
Filing 2 CIVIL COVER SHEET filed..(Peluso, James) |
Filing 1 COMPLAINT against Daily Harvest, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26337650)Document filed by Breeanne Buckley Peni..(Peluso, James) |
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.