Shaughnessy v. Nespresso USA, Inc.
Plaintiff: Abigail Shaughnessy, Aditya Pathak and Katherine Alegre
Defendant: Nespresso USA, Inc.
Case Number: 1:2022cv06815
Filed: August 10, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Naomi Reice Buchwald
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 fr Diversity-Fraud
Jury Demanded By: Plaintiff
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This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 15, 2023 Opinion or Order Filing 45 CLERK'S JUDGMENT re: #44 Memorandum & Order. in favor of Nespresso USA, Inc. against Abigail Shaughnessy, Aditya Pathak, Katherine Alegre. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum and Order dated September 15, 2023, Defendant's motion to dismiss is GRANTED and its motion to strike is denied as moot; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/15/2023) (Attachments: #1 Notice of right to appeal) (nd)
September 15, 2023 Opinion or Order Filing 44 MEMORANDUM AND ORDER granting in part and denying as moot in part #32 Motion to Dismiss. Accordingly, for the reasons stated above, defendant's motion to dismiss is granted and its motion to strike is denied as moot. As such, the Clerk of the Court is respectfully directed to close the motion pending at ECF No. 32, enter judgment for defendant, and close the case. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 9/15/2023) (mml) Transmission to Orders and Judgments Clerk for processing.
August 9, 2023 Opinion or Order Filing 43 NOTICE of corrected Third Supplemental Authority re: #32 MOTION to Dismiss the Second Amended Class Action Complaint, or, in the Alternative, to Strike the Class Allegations.. Document filed by Nespresso USA, Inc.. (Attachments: #1 Exhibit A Opinion).(Lurie, Adam)
August 9, 2023 Opinion or Order Filing 42 NOTICE of Plaintiffs' Response to Defendant's Third Notice of Supplemental Authority re: #41 Notice (Other). Document filed by Katherine Alegre, Aditya Pathak, Abigail Shaughnessy..(Diamond, Julian)
August 9, 2023 Opinion or Order Filing 41 NOTICE of Third Supplemental Authority. Document filed by Nespresso USA, Inc.. (Attachments: #1 Exhibit A Opinion).(Lurie, Adam)
July 14, 2023 Opinion or Order Filing 40 NOTICE of Second Supplemental Authority re: #32 MOTION to Dismiss the Second Amended Class Action Complaint, or, in the Alternative, to Strike the Class Allegations.. Document filed by Nespresso USA, Inc.. (Attachments: #1 Exhibit A Opinion).(Lurie, Adam)
July 11, 2023 Opinion or Order Filing 39 NOTICE of Plaintiff's Response to Defendant's Notice of Supplemental Authority re: #38 Notice (Other),. Document filed by Katherine Alegre, Aditya Pathak, Abigail Shaughnessy..(Diamond, Julian)
July 11, 2023 Opinion or Order Filing 38 NOTICE of Supplemental Authority re: #32 MOTION to Dismiss the Second Amended Class Action Complaint, or, in the Alternative, to Strike the Class Allegations.. Document filed by Nespresso USA, Inc.. (Attachments: #1 Exhibit A Opinion).(Lurie, Adam)
March 10, 2023 Opinion or Order Filing 37 REPLY MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss the Second Amended Class Action Complaint, or, in the Alternative, to Strike the Class Allegations. . Document filed by Nespresso USA, Inc...(Lurie, Adam)
February 16, 2023 Opinion or Order Filing 36 DECLARATION of Julian C. Diamond in Opposition re: #32 MOTION to Dismiss the Second Amended Class Action Complaint, or, in the Alternative, to Strike the Class Allegations.. Document filed by Katherine Alegre, Aditya Pathak, Abigail Shaughnessy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Errata L, #13 Exhibit M).(Diamond, Julian)
February 16, 2023 Opinion or Order Filing 35 MEMORANDUM OF LAW in Opposition re: #32 MOTION to Dismiss the Second Amended Class Action Complaint, or, in the Alternative, to Strike the Class Allegations. . Document filed by Katherine Alegre, Aditya Pathak, Abigail Shaughnessy..(Diamond, Julian)
January 20, 2023 Opinion or Order Filing 34 DECLARATION of Adam S. Lurie in Support re: #32 MOTION to Dismiss the Second Amended Class Action Complaint, or, in the Alternative, to Strike the Class Allegations.. Document filed by Nespresso USA, Inc.. (Attachments: #1 Exhibit A Nespresso Vertuo Next User Manual).(Lurie, Adam)
January 20, 2023 Opinion or Order Filing 33 MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss the Second Amended Class Action Complaint, or, in the Alternative, to Strike the Class Allegations. . Document filed by Nespresso USA, Inc...(Lurie, Adam)
January 20, 2023 Opinion or Order Filing 32 MOTION to Dismiss the Second Amended Class Action Complaint, or, in the Alternative, to Strike the Class Allegations. Document filed by Nespresso USA, Inc...(Lurie, Adam)
December 15, 2022 Opinion or Order Filing 31 SECOND AMENDED COMPLAINT amending #21 Amended Complaint, against Nespresso USA, Inc. with JURY DEMAND.Document filed by Katherine Alegre, Abigail Shaughnessy, Aditya Pathak. Related document: #21 Amended Complaint,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9).(Diamond, Julian)
December 15, 2022 Opinion or Order Filing 30 MEMO ENDORSEMENT on re: #29 Letter filed by Nespresso USA, Inc. ENDORSEMENT SO ORDERED. (Amended Pleadings due by 12/16/2022., Motions due by 1/20/2023., Replies due by 3/10/2023., Responses due by 2/17/2023) (Signed by Judge Naomi Reice Buchwald on 12/15/2022) (jca)
December 14, 2022 Opinion or Order Filing 29 LETTER addressed to Judge Naomi Reice Buchwald from Adam S. Lurie dated December 14, 2022 re: in response to Order filed 12-9-22- Document #28, Requesting a Briefing Schedule. Document filed by Nespresso USA, Inc...(Lurie, Adam)
December 9, 2022 Opinion or Order Filing 28 ENDORSED LETTER addressed to Julian Cole Diamond and Adam Samuel Lurie from Naomi Reice Buchwald, United States District Judge dated 12/9/2022 re: Having reviewed the parties pre-motion letters, dated November 25, 2022 and November 28, 2022, the Court has determined that defendant may bring its motion to dismiss and motion to strike plaintiffs' class allegations without the necessity of a pre-motion conference. Defendant should file a single memorandum addressing both motions, not exceeding thirty (30) pages. The parties should confer on a briefing schedule agreeable to both sides, in which no more than sixty days elapse from the filing of defendants motions to the filing of its reply. If the parties cannot agree on a briefing schedule, the Court will set a schedule. (Signed by Judge Naomi Reice Buchwald on 12/9/2022) (mml)
December 9, 2022 Opinion or Order Filing 27 ORDER granting #26 Letter Motion for Leave to File Document. Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 12/9/2022) (mml)
December 2, 2022 Opinion or Order Filing 26 SECOND LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Naomi Reice Buchwald from Julian C. Diamond dated December 2, 2022. Document filed by Katherine Alegre, Aditya Pathak, Abigail Shaughnessy. (Attachments: #1 Exhibit A, #2 Exhibit B).(Diamond, Julian)
December 1, 2022 Opinion or Order Filing 25 LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Naomi Reice Buchwald from Julian C. Diamond dated December 1, 2022. Document filed by Katherine Alegre, Aditya Pathak, Abigail Shaughnessy. (Attachments: #1 Exhibit A).(Diamond, Julian)
November 28, 2022 Opinion or Order Filing 24 LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from Julian C. Diamond dated November 28, 2022 re: #22 LETTER MOTION for Conference re: Nespresso USA, Inc.'s Motion to Dismiss Plaintiff's First Amended Class Action Complaint addressed to Judge Naomi Reice Buchwald from Adam S. Lurie dated November 25, 2022., #23 LETTER MOTION for Conference re: Nespresso USA, Inc.'s Motion to Strike Plaintiffs' Class Allegations addressed to Judge Naomi Reice Buchwald from Adam S. Lurie dated November 25, 2022. . Document filed by Katherine Alegre, Aditya Pathak, Abigail Shaughnessy..(Diamond, Julian)
November 25, 2022 Opinion or Order Filing 23 LETTER MOTION for Conference re: Nespresso USA, Inc.'s Motion to Strike Plaintiffs' Class Allegations addressed to Judge Naomi Reice Buchwald from Adam S. Lurie dated November 25, 2022. Document filed by Nespresso USA, Inc...(Lurie, Adam)
November 25, 2022 Opinion or Order Filing 22 LETTER MOTION for Conference re: Nespresso USA, Inc.'s Motion to Dismiss Plaintiff's First Amended Class Action Complaint addressed to Judge Naomi Reice Buchwald from Adam S. Lurie dated November 25, 2022. Document filed by Nespresso USA, Inc...(Lurie, Adam)
November 10, 2022 Opinion or Order Filing 21 FIRST AMENDED COMPLAINT amending #1 Complaint against Nespresso USA, Inc. with JURY DEMAND.Document filed by Abigail Shaughnessy, Aditya Pathak, Katherine Alegre. Related document: #1 Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9).(Diamond, Julian)
October 24, 2022 Opinion or Order Filing 20 MEMO ENDORSEMENT on re: #19 Letter filed by Abigail Shaughnessy. ENDORSEMENT: Application granted. SO ORDERED. (Amended Pleadings due by 11/11/2022.) (Signed by Judge Naomi Reice Buchwald on 10/24/2022) (mml)
October 21, 2022 Opinion or Order Filing 19 LETTER addressed to Judge Naomi Reice Buchwald from Julian C. Diamond dated October 21, 2022 re: Plaintiffs Proposed Amended Complaint Timeline. Document filed by Abigail Shaughnessy..(Diamond, Julian)
October 20, 2022 Opinion or Order Filing 18 ENDORSED LETTER addressed to Julian Cole Diamond, Adam Samuel Lurie from Naomi Reice Buchwald United States District Judge dated 10/20/2022 re: The Court is in receipt of your letters dated October 13, 2022 and October 17, 2022. ECF Nos. 15-17. In plaintiff's response letter, counsel writes that [i]n accordance with Federal Rule of Procedure 15(a)(1)(B), Plaintiff intends to file an amended complaint. ECF No. 17. The Court believes it is more efficient for plaintiff to file her amended complaint now, rather than after the Court considers defendant s requests for a pre-motion conference. Counsel for plaintiff should therefore propose a timeline for filing an amended complaint. (Signed by Judge Naomi Reice Buchwald on 10/20/2022) (mml) Modified on 11/3/2022 (mml).
October 17, 2022 Opinion or Order Filing 17 LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from Julian C. Diamond dated October 17, 2022 re: #15 LETTER MOTION for Conference re: Nespresso USA, Inc.'s Motion to Dismiss Plaintiff's Class Action Complaint addressed to Judge Naomi Reice Buchwald from Adam S. Lurie dated October 13, 2022., #16 LETTER MOTION for Conference re: Nespresso USA, Inc.'s Motion to Strike Plaintiff's Class Allegations addressed to Judge Naomi Reice Buchwald from Adam S. Lurie dated October 13, 2022. . Document filed by Abigail Shaughnessy..(Diamond, Julian)
October 13, 2022 Opinion or Order Filing 16 LETTER MOTION for Conference re: Nespresso USA, Inc.'s Motion to Strike Plaintiff's Class Allegations addressed to Judge Naomi Reice Buchwald from Adam S. Lurie dated October 13, 2022. Document filed by Nespresso USA, Inc...(Lurie, Adam)
October 13, 2022 Opinion or Order Filing 15 LETTER MOTION for Conference re: Nespresso USA, Inc.'s Motion to Dismiss Plaintiff's Class Action Complaint addressed to Judge Naomi Reice Buchwald from Adam S. Lurie dated October 13, 2022. Document filed by Nespresso USA, Inc...(Lurie, Adam)
August 29, 2022 Opinion or Order Filing 14 ORDER FOR ADMISSION PRO HAC VICE granting #10 Motion for Richard Smith to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Naomi Reice Buchwald on 8/29/2022) (mml)
August 26, 2022 Opinion or Order Filing 13 ORDER granting #8 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 8/26/2022) (tg)
August 26, 2022 Opinion or Order Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Societe des Produits Nestle S.A., Corporate Parent NIMCO US Inc., Corporate Parent Nestle US Holdco Inc., Corporate Parent Nestle Holdings Inc., Corporate Parent Nestle S.A. for Nespresso USA, Inc.. Document filed by Nespresso USA, Inc...(Lurie, Adam)
August 26, 2022 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Neal Jamison Deckant on behalf of Abigail Shaughnessy..(Deckant, Neal)
August 26, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Adam Samuel Lurie to RE-FILE Document No. #7 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): not all corporate parents/other affiliates were added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb)
August 26, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Richard Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
August 26, 2022 Opinion or Order Set/Reset Deadlines: Nespresso USA, Inc. answer due 10/21/2022. (tg)
August 26, 2022 Opinion or Order Pro Hac Vice Fee Payment: for #10 MOTION for Richard Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-26597553..(Smith, Richard)
August 25, 2022 Opinion or Order Filing 10 MOTION for Richard Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nespresso USA, Inc.. (Attachments: #1 Appendix Declaration of Richard Smith in support of his Pro Hac Vice Application, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order proposed order).(Smith, Richard)
August 25, 2022 Opinion or Order Filing 9 NOTICE OF APPEARANCE by John Walter Eichlin on behalf of Nespresso USA, Inc...(Eichlin, John)
August 25, 2022 Opinion or Order Filing 8 CONSENT LETTER MOTION for Extension of Time addressed to Judge Naomi Reice Buchwald from Adam S. Lurie dated August 25, 2022. Document filed by Nespresso USA, Inc...(Lurie, Adam)
August 25, 2022 Opinion or Order Filing 7 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Nestle S.A. for Nespresso USA, Inc.. Document filed by Nespresso USA, Inc...(Lurie, Adam) Modified on 8/26/2022 (lb).
August 25, 2022 Opinion or Order Filing 6 NOTICE OF APPEARANCE by Adam Samuel Lurie on behalf of Nespresso USA, Inc...(Lurie, Adam)
August 16, 2022 Opinion or Order Filing 5 SUMMONS RETURNED EXECUTED. Nespresso USA, Inc. served on 8/15/2022, answer due 9/6/2022. Service was accepted by KARTIK PANDYA, INTAKE SPECIALIST. Document filed by Abigail Shaughnessy..(Diamond, Julian)
August 11, 2022 Opinion or Order Filing 4 ELECTRONIC SUMMONS ISSUED as to Nespresso USA, Inc...(jgo)
August 11, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Julian Cole Diamond. The following case opening statistical information was erroneously selected/entered: Dollar Demand $5,000,001,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $5,000,000; the County code has been modified to Suffolk;. (jgo)
August 11, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Julian Cole Diamond. The party information for the following party/parties has been modified: Abigail Shaughnessy. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
August 11, 2022 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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)
August 11, 2022 Opinion or Order Magistrate Judge Jennifer Willis 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)
August 11, 2022 Opinion or Order Case Designated ECF. (jgo)
August 10, 2022 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Nespresso USA, Inc., re: #1 Complaint. Document filed by Abigail Shaughnessy..(Diamond, Julian)
August 10, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Diamond, Julian)
August 10, 2022 Opinion or Order Filing 1 COMPLAINT against Nespresso USA, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26531497)Document filed by Abigail Shaughnessy..(Diamond, Julian)

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Plaintiff: Abigail Shaughnessy
Represented By: Julian Cole Diamond
Represented By: Neal Jamison Deckant
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Plaintiff: Aditya Pathak
Represented By: Julian Cole Diamond
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Plaintiff: Katherine Alegre
Represented By: Julian Cole Diamond
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Defendant: Nespresso USA, Inc.
Represented By: Adam Samuel Lurie
Represented By: John Walter Eichlin
Represented By: Richard Craig Smith
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