Peni v. Daily Harvest, Inc.

Plaintiff:	Breeanne Buckley Peni
Defendant:	Daily Harvest, Inc., Second Bite Foods, Inc doing business as Stone Gate Foods and John Doe Entities 1-5
Case Number:	1:2022cv05443
Filed:	June 27, 2022
Court:	US District Court for the Southern District of New York
Presiding Judge:	Denise L Cote
Nature of Suit:	Personal Inj. Prod. Liability
Cause of Action:	28 U.S.C. § 1333 in Personal Injury
Jury Demanded By:	Plaintiff

Docket Report

This docket was last retrieved on January 29, 2024. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 23, 2022	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)
August 18, 2022	Filing 23 ELECTRONIC SUMMONS ISSUED as to Second Bite Foods, Inc. (vf)
August 17, 2022	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)
August 17, 2022	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)
August 17, 2022	NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Vernon S. Broderick is no longer assigned to the case..(aea)
August 12, 2022	Filing 20 NOTICE OF APPEARANCE by Joseph Edward O'Connor on behalf of Breeanne Buckley Peni..(O'Connor, Joseph)
August 10, 2022	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)
August 4, 2022	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)
August 3, 2022	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)
July 28, 2022	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)
July 28, 2022	***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #14 Proposed Order was reviewed and approved as to form. (nd)
July 27, 2022	Filing 15 NOTICE OF APPEARANCE by Justin Micheal Ginter on behalf of Daily Harvest, Inc...(Ginter, Justin)
July 27, 2022	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.
July 27, 2022	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)
July 27, 2022	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)
July 27, 2022	Filing 11 MOTION to Compel Arbitration ., MOTION to Stay Proceedings. Document filed by Daily Harvest, Inc...(Jacobson, Jeffrey)
July 27, 2022	Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Daily Harvest, Inc...(Jacobson, Jeffrey)
July 27, 2022	Filing 9 NOTICE OF APPEARANCE by Jeffrey S. Jacobson on behalf of Daily Harvest, Inc...(Jacobson, Jeffrey)
July 25, 2022	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)
July 7, 2022	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)
June 29, 2022	Filing 6 ELECTRONIC SUMMONS ISSUED as to Daily Harvest, Inc...(lal)
June 29, 2022	CASE ACCEPTED AS RELATED. Create association to 1:22-cv-05385-VSB. Notice of Assignment to follow. (aea)
June 29, 2022	NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Unassigned is no longer assigned to the case. (aea)
June 29, 2022	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)
June 28, 2022	Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Daily Harvest, Inc., re: #1 Complaint. Document filed by Breeanne Buckley Peni..(Peluso, James)
June 28, 2022	***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)
June 28, 2022	***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)
June 28, 2022	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf)
June 28, 2022	***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)
June 28, 2022	CASE REFERRED TO Judge Vernon S. Broderick as possibly related to 1:22-cv-05385. (vf)
June 28, 2022	Case Designated ECF. (vf)
June 27, 2022	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).
June 27, 2022	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)
June 27, 2022	Filing 2 CIVIL COVER SHEET filed..(Peluso, James)
June 27, 2022	Filing 1 COMPLAINT against Daily Harvest, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26337650)Document filed by Breeanne Buckley Peni..(Peluso, James)

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Defendant: Daily Harvest, Inc.
Represented By:	Jeffrey S. Jacobson
Represented By:	Justin Micheal Ginter
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Defendant: Second Bite Foods, Inc doing business as Stone Gate Foods
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Defendant: John Doe Entities 1-5
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Plaintiff: Breeanne Buckley Peni
Represented By:	James Rocco Peluso, Jr.
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