Albright v. Daily Harvest Inc. et al
| Justin Albright |
| Daily Harvest, Inc., John Doe Corporations 1-5, Second Bite Foods, Inc doing business as Stone Gate Foods and Smirk's Ltd. |
| 1:2022cv05987 |
| July 13, 2022 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 pl Diversity-Product Liability |
| Plaintiff |
Docket Report
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Filing 27
STIPULATION TO EXTEND TIME TO ANSWER, IT IS HERBY STIPULATED AND AGREED, by and between the undersigned (including any counsel on behalf of its client), that the time for defendants, Daily Harvest, Inc,, Second Bite Foods, Inc, d/b/a "Stone Gate Foods", and Smirk's Ltd., to answer, move or otherwise respond to Plaintiff's Second Amended Complaint (ECF # 17) (the "Complaint"), is extended to and including September 30, 2022, Defendants further acknowledge they have accepted service of Plaintiff's Complaint, but expressly reserve all other rights, remedies, and defenses, IT IS HEREBY FURTHER STIPULATED AND AGREED that this stipulation may be executed in counterparts and facsimile signatures hereon shall have the same force and effect as originals. SO ORDERED. Daily Harvest, Inc. answer due 9/30/2022; Second Bite Foods, Inc answer due 9/30/2022; Smirk's Ltd. answer due 9/30/2022., Motions terminated: #24 JOINT LETTER MOTION for Extension of Time addressed to Judge Denise L. Cote from Bryan Vannini dated September 1, 2022. LETTER MOTION for Extension of Time to File Answer re: #4 Amended Complaint, addressed to Judge Denise L. Cote from Bryan Vannini dated September 1, 2022. filed by Second Bite Foods, Inc, #26 JOINT MOTION for Extension of Time to File Answer re: #24 JOINT LETTER MOTION for Extension of Time addressed to Judge Denise L. Cote from Bryan Vannini dated September 1, 2022. LETTER MOTION for Extension of Time to File Answer re: filed by Second Bite Foods, Inc. (Signed by Judge Denise L. Cote on 9/2/2022) (kv)
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Filing 26
JOINT MOTION for Extension of Time to File Answer re: #24 JOINT LETTER MOTION for Extension of Time addressed to Judge Denise L. Cote from Bryan Vannini dated September 1, 2022. LETTER MOTION for Extension of Time to File Answer re: #4 Amended Complaint, addressed to Judge Denise L. Cote from Bryan Vannini dated September 1, 2022. . Document filed by Second Bite Foods, Inc..(Vannini, Bryan)
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Filing 25
ORDER with respect to #24 Motion for Extension of Time; with respect to #24 Motion for Extension of Time to Answer re #24 JOINT LETTER MOTION for Extension of Time addressed to Judge Denise L. Cote from Bryan Vannini dated September 1, 2022. LETTER MOTION for Extension of Time to File Answer re: #4 Amended Complaint, addressed to Judge Denise L. Cote from Bryan Vannini dated September 1, 2022. Accordingly, it is hereby ORDERED that the defendant Second Bite Foods, Inc. shall refile a legible version of its September 1, 2022 letter and stipulation.. (Signed by Judge Denise L. Cote on 9/2/2022) (kv)
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Filing 24
JOINT LETTER MOTION for Extension of Time addressed to Judge Denise L. Cote from Bryan Vannini dated September 1, 2022., LETTER MOTION for Extension of Time to File Answer re: #4 Amended Complaint, addressed to Judge Denise L. Cote from Bryan Vannini dated September 1, 2022. Document filed by Second Bite Foods, Inc..(Baiocco, Joseph)
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Filing 23
NOTICE OF APPEARANCE by Joseph C. Baiocco on behalf of Second Bite Foods, Inc..(Baiocco, Joseph)
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Filing 22
NOTICE OF APPEARANCE by Eric W.F. Niederer on behalf of Second Bite Foods, Inc..(Niederer, Eric)
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Filing 21
NOTICE OF APPEARANCE by Bryan Thomas Vannini on behalf of Second Bite Foods, Inc..(Vannini, Bryan)
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Filing 20
NOTICE OF PRETRIAL CONFERENCE: 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) (tro)
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Filing 19
ELECTRONIC SUMMONS ISSUED as to Smirk's Ltd...(jgo)
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Filing 18
REQUEST FOR ISSUANCE OF SUMMONS as to Smirks Ltd., re: #17 Amended Complaint,. Document filed by Justin Albright..(Nunes, Paul)
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Filing 17
SECOND AMENDED COMPLAINT amending #4 Amended Complaint, #5 Complaint against Daily Harvest, Inc., John Doe Corporations 1-5, Second Bite Foods, Inc, Smirk's Ltd. with JURY DEMAND.Document filed by Justin Albright. Related document: #4 Amended Complaint, #5 Complaint..(Nunes, Paul)
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Filing 16
REQUEST FOR ISSUANCE OF SUMMONS as to Smirk's Ltd., re: #15 Amended Complaint. Document filed by Justin Albright..(Nunes, Paul)
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Filing 15
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -SECOND AMENDED COMPLAINT amending #4 Amended Complaint, #5 Complaint against Smirk's Ltd. with JURY DEMAND.Document filed by Justin Albright. Related document: #4 Amended Complaint, #5 Complaint..(Nunes, Paul) Modified on 8/18/2022 (vf).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Paul Vincent Nunes to RE-FILE Document No. #15 Second Amended Complaint. The filing is deficient for the following reason(s): not all of the party/parties whom the pleading is against were selected. Re-file the pleading using the event type Second Amended 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. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Paul Vincent Nunes to RE-FILE Document No. #16 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. 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)
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Filing 14
ORDER granting #12 Letter Motion for Leave to File Document. Granted.. (Signed by Judge Denise L. Cote on 8/17/2022) (ks)
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Filing 13
AFFIDAVIT OF SERVICE. Second Bite Foods, Inc served on 8/15/2022, answer due 9/6/2022. Service was accepted by Stuart Bell, Owner. Document filed by Justin Albright..(Nunes, Paul)
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NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Vernon S. Broderick is no longer assigned to the case. (aea)
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Filing 12
FIRST LETTER MOTION for Leave to File Second Amended Complaint addressed to Magistrate Judge Sarah L. Cave from Paul V. Nunes, Esq. dated 08/15/2022. Document filed by Justin Albright..(Nunes, Paul)
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NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Unassigned is no longer assigned to the case. (vba)
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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. (vba)
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CASE ACCEPTED AS RELATED. Create association to 1:22-cv-05385-VSB. Notice of Assignment to follow. (vba)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Second Bite Foods, Inc. (sj)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Daily Harvest, Inc.. (sj)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Second Bite Foods, Inc., d/b/a "Stone Gate Foods", re: #4 Amended Complaint,. Document filed by Justin Albright..(Nunes, Paul)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Daily Harvest, Inc., re: #5 Complaint. Document filed by Justin Albright..(Nunes, Paul)
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Filing 7
RELATED CASE AFFIRMATION of Paul V. Nunes, Esq. re: that this action be filed as related to 22-cv-05385. Document filed by Justin Albright..(Nunes, Paul)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Paul Vincent Nunes to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): Docket Entry Error. Enter the defendant party name as to whom the summons is to be issued for when prompted in ECF. 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)
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Filing 6
FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Daily Harvest, Inc. and John Doe Corporations 1-5, re: #5 Complaint. Document filed by Justin Albright..(Nunes, Paul) Modified on 7/22/2022 (vf).
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Filing 5
COMPLAINT against Daily Harvest, Inc., John Doe Corporations 1-5. Document filed by Justin Albright..(Nunes, Paul)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul Vincent Nunes. The party information for the following party/parties has been modified: Second Bite Foods, Inc. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (gp)
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Filing 4
FIRST AMENDED COMPLAINT amending #1 Complaint, against Daily Harvest, Inc., John Doe Corporations 1-5, Second Bite Foods, Inc., d/b/a "Stone Gate Foods" with JURY DEMAND.Document filed by Justin Albright. Related document: #1 Complaint,..(Nunes, Paul)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Paul Vincent Nunes, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Paul Vincent Nunes to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading. 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. (vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul Vincent Nunes. The party information for the following party/parties has been modified: Justin Albright, Daily Harvest, Inc., John Doe Corporations 1-5. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf)
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***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Paul Vincent Nunes. The following party/parties has been removed from this case: A.T.. The party was added to the case in error. (vf)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paul Vincent Nunes. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 245 (Tort Product Liability); Citizenship Defendant code 2 (Citizen of Another State); Dollar Demand 75,000,000; County code New York. 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 Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Dollar Demand has been modified to 75,000; the County code has been modified to XX Out of State. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Paul Vincent Nunes to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Docket Entry Error. Enter the party name as to whom the summons is issued for when prompted in ECF. 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)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf)
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CASE REFERRED TO Judge Vernon S. Broderick as possibly related to 1:22-cv-05385. (vf)
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Case Designated ECF. (vf)
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Filing 3
FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Daily Harvest, Inc. and John Doe Corporations 1-5, re: #1 Complaint. Document filed by Justin Albright, A. T...(Nunes, Paul) Modified on 7/14/2022 (vf).
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Filing 2
CIVIL COVER SHEET filed..(Nunes, Paul)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Daily Harvest, Inc., John Doe Corporations 1-5. (Filing Fee $ 402.00, Receipt Number ANYSDC-26409466)Document filed by A. T...(Nunes, Paul) Modified on 7/14/2022 (vf).
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