Street v. Daily Harvest, Inc. et al
| Tyler Street |
| Daily Harvest, Inc., Second Bite Foods, Inc. d/b/a Stone Gate Foods, Smirk's Ltd., Molinos Asociados SAC, John Doe Corporations 1-5 and Second Bite Foods, Inc. doing business as Stone Gate Foods |
| 1:2023cv02466 |
| March 23, 2023 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 19, 2023. A more recent docket listing may be available from PACER.
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Filing 14
ORDER: On May 19, 2023, a conference was held in the lead case in this litigation. It is hereby ORDERED that a telephone conference in these cases shall be held on July 21, 2023 at 3:00 p.m. The parties shall use the following dial-in credentials for the conference: Dial-in: 888-363-4749 Access code: 4324948. The parties shall use a landline if one is available. The parties shall be prepared to discuss a schedule for the remainder of the litigation. ( Telephone Conference set for 7/21/2023 at 3:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/19/2023) (vfr)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 5/19/2023. (Court Reporter Andrew Walker) (jwh) |
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Filing 13
COORDINATION ORDER: Accordingly, it is hereby ORDERED that the parties are to work together to coordinate discovery to the maximum extent feasible in order to avoid duplication of discovery and to promote the efficient and speedy resolution of the Daily Harvest Litigation and the Coordinated Actions. To that end, the following procedures for discovery, settlement conferences, and other pretrial proceedings shall be adopted: 1. All discovery and pretrial scheduling in the Coordinated Actions will be coordinated to the fullest extent possible with the discovery and pretrial scheduling in the lead case in the Daily Harvest Litigation, Albright v. Daily Harvest, Inc., et al., l:22-cv-5987 (the "Albright Proceeding"). The Albright Proceeding shall be used as the lead case for discovery and pretrial scheduling in the Coordinated Actions. Additional discovery, including case-specific discovery, may be taken upon consent or a showing of good cause. The parties in each Coordinated Action shall follow the Albright Proceeding's discovery schedule, are bound by the discovery rulings in the Albright Proceeding, and shall not engage in duplicative discovery already taken or being taken in the Albright Proceeding. 2. The Albright Defendants shall apprise the Albright Court and opposing counsel at each status conference in the Albright Proceeding of matters of significance in Coordinated Actions to enable the Albright Court and the parties to effectuate appropriate coordination; as further set forth herein. 8. Any Court in a Related Action wishing to grant the parties before it access to coordinated discovery may do so by executing the attached Order or otherwise indicating adoption of this Coordination Order for their action; and as further set forth herein. 16. Nothing contained herein shall constitute or be deemed to constitute a waiver of any objection of any defendant or plaintiff to the admissibility at trial, of any documents, deposition testimony or exhibits, or written discovery responses provided or obtained in accordance with this Order, whether on grounds of relevance, materiality or any other basis, and all such objections are specifically preserved. The admissibility into evidence in any Coordinated Action of any material provided or obtained in accordance with this Order shall be determined by the court in which such action is pending. 17. Each Court that joins this Order shall retainjurisdiction to modify, rescind, and/or enforce the terms ofthis Order. (As further set forth in this Order.) (Signed by Judge Denise L. Cote on 4/28/2023) (Attachments: #1 Exhibit 1) (vfr)
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Filing 12
ORDER: Accordingly, it is hereby ORDERED that where defendant Daily Harvest has a right to arbitration as described in the Opinion of November 10, 2022 issued in Peni v. Daily Harvest, Inc., 22cv5443 (DLC), 2022 WL 16849451, but where (1) plaintiff has sued co-defendants who do not have a right to arbitration and whose cases will proceed before this Court, and (2) those co-defendants have impleaded Daily Harvest, the following procedures shall apply: And as set forth herein. (Signed by Judge Denise L. Cote on 4/21/2023) (ama)
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Filing 10
ORDER: It is hereby ORDERED that the parties shall review the proposed Coordination Order attached hereto and shall, by April 19, file a red-lined version of the proposed Coordination Order indicating their suggestions for additions and deletions, as well as letters no longer than two (2) pages explaining those suggestions. IT IS FURTHER ORDERED that the parties shall, by April 19, submit the names and contact information of any judges presiding over a Related Action (as defined in the proposed Coordination Order) that has progressed sufficiently to warrant coordination between this Court and the court presiding over that Related Action. (Signed by Judge Denise L. Cote on 4/12/2023) (Attachments: #1 Exhibit 1) (vfr)
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Filing 11
ORDER granting (152 in case 1:22-cv-05987-DLC) Letter Motion for Extension of Time to Answer to Complaints in Related Cases addressed to Judge Denise L. Cote from All Counsel dated April 11, 2023. It is hereby ORDERED that the request for an extension of time for defendants Daily Harvest, Inc., Second Bite Foods, Inc., and Smirk's Ltd. to file answers to the complaints in the below cases is granted. The defendants' answers to the complaints in the following cases shall be due June 5, 2023: Burkatsky v. Daily Harvest, Inc., et al., 23cv1607; Jannerone v. Daily Harvest, Inc., et al., 23cv1617; Kroon v. Daily Harvest, Inc., et al., 23cv1620; Lindgren v. Daily Harvest, Inc., et al., 23cv1627; Livsey v. Daily Harvest, Inc., et al., 23cv1633; Long v. Daily Harvest, Inc., et al., 23cv1640; MacPhee v. Daily Harvest, Inc., et al., 23cv1643; Morris-Metzger v. Daily Harvest, Inc., et al., 23cv1648; Selby v. Daily Harvest, Inc., et al., 23cv1649; Slaughter v. Daily Harvest, Inc., et al., 23cv1651; Strafaci v. Daily Harvest, Inc., et al., 23cv1653; Lopez v. Daily Harvest, Inc., et al., 23cv1658; Merrill v. Daily Harvest, Inc., et al., 23cv1659; Niculescu v. Daily Harvest, Inc., et al., 23cv1660; Noel v. Daily Harvest, Inc., et al., 23cv1662; Ocasio v. Daily Harvest, Inc., et al., 23cv1663; Proulx v. Daily Harvest, Inc., et al., 23cv1664; Rubinowitz v. Daily Harvest, Inc., et al., 23cv1666; Sansweet v. Daily Harvest, Inc., et al., 23cv1668; Sela v. Daily Harvest, Inc., et al., 23cv1672; Vitali v. Daily Harvest, Inc., et al., 23cv1673; Espinal v. Daily Harvest, Inc., et al., 23cv1681; Eviston v. Daily Harvest, Inc., et al., 23cv1683; Capretta v. Daily Harvest, Inc., et al., 23cv1686; Porzel v. Daily Harvest, Inc., et al., 23cv1688; Tipton v. Daily Harvest, Inc., et al., 23cv1692; Hines v. Daily Harvest, Inc., et al., 23cv1694; Butalid v. Daily Harvest, Inc., et al., 23cv1703; Churchill v. Daily Harvest, Inc., et al., 23cv1705; Cornutt v. Daily Harvest, Inc., et al., 23cv1709; Dean v. Daily Harvest, Inc., et al., 23cv1712; Deeke v. Daily Harvest, Inc., et al., 23cv1713; Downing v. Daily Harvest, Inc., et al., 23cv1718; Effner v. Daily Harvest, Inc., et al., 23cv1721; Ertel v. Daily Harvest, Inc., et al., 23cv1725; Fischer v. Daily Harvest, Inc., et al., 23cv1727; Fitzgerald v. Daily Harvest, Inc., et al., 23cv1732; Goldbach v. Daily Harvest, Inc., et al., 23cv1734; Kerr v. Daily Harvest, Inc., et al., 23cv1736; Justice v. Daily Harvest, Inc., et al., 23cv1737; Hobbie v. Daily Harvest, Inc., et al., 23cv1740; Lynch v. Daily Harvest, Inc., et al., 23cv1741; Mercado v. Daily Harvest, Inc., et al., 23cv1742; Puissegur v. Daily Harvest, Inc., et al., 23cv1743; Kraynick v. Daily Harvest, Inc., et al., 23cv1744; Mount v. Daily Harvest, Inc., et al., 23cv1745; Doran v. Daily Harvest, Inc., et al., 23cv1748; Ion v. Daily Harvest, Inc., et al., 23cv1750; Greene v. Daily Harvest, Inc., et al., 23cv2038; Street v. Daily Harvest, Inc., et al., 23cv2466; Thomas v. Daily Harvest, Inc., et al., 23cv2607. Daily Harvest, Inc. answer due 6/5/2023; Second Bite Foods, Inc. answer due 6/5/2023; Smirk's Ltd. answer due 6/5/2023. (Signed by Judge Denise L. Cote on 4/11/2023) (vfr)
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Filing 9
ORDER: The parties are hereby ORDERED to show cause by April 21 why an Order with the following language should not be issued: Where defendant Daily Harvest, Inc. ("Daily Harvest") has a right to arbitration as described in the Opinion of November 10, 2022 issued in Peni v. Daily Harvest, Inc., 22cv5443 (DLC), 2022 WL 16849451, but where (1) plaintiff has sued co-defendants who do not have a right to arbitration and whose cases will proceed before this Court, and (2) those co-defendants have impleaded Daily Harvest, the following procedures shall apply: The plaintiff shall have the right to pursue discovery from Daily Harvest to the extent that plaintiffs have been permitted to take such discovery in related actions where Daily Harvest has no right to enforce arbitration. Daily Harvest shall have the right to take discovery of the plaintiff to the extent that it has been permitted to take such discovery in related actions where Daily Harvest has no right to enforce arbitration. (Signed by Judge Denise L. Cote on 4/10/2023) (vfr)
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Filing 8
ORDER terminating 140 Letter Motion for Discovery; terminating 141 Letter Motion for Discovery; terminating 144 Letter Motion for Discovery; terminating 145 Letter Motion for Discovery in case 1:22-cv-05987-DLC. It is hereby ORDERED that by Wednesday, April 12, Daily Harvest shall identify to its co-defendants to which one of the subparts which it has already propounded it wishes its co-defendants to respond. Daily Harvest's requests to require answers to each of the subparts is denied. IT IS FURTHER ORDERED that the parties are advised that objections to Daily Harvest's demands not raised in these letters are not deemed waived. Should any objections be made, the parties shall promptly meet and confer and bring any unresolved disputes to the Court's attention promptly. (Signed by Judge Denise L. Cote on 4/10/2023) (vfr)
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Filing 7
ORDER terminating (147 in case 1:22-cv-05987-DLC) Letter Motion for Discovery. Pursuant to the operative schedule in this litigation, all plaintiffs represented by William Marler must, by June 1, submit completed plaintiff fact sheets to the defendants. In letters of April 5 and 7, plaintiffs and defendant Stone Gate Foods, Inc. ("Stone Gate") dispute whether defendants can, at this time, serve plaintiffs with discovery requests beyond the plaintiff fact sheets. Having reviewed the parties' submissions, it is hereby ORDERED that Stone Gate's request to serve, at this time, additional discovery on plaintiffs is denied. IT IS FURTHER ORDERED that the defendants' use of the plaintiff fact sheets shall be without prejudice to defendants' right to serve additional, non-duplicative discovery on individual plaintiffs as individual cases are set for trial. Otherwise, the defendants shall not serve any additional discovery without either consent of a plaintiff or prior authorization from the Court. (Signed by Judge Denise L. Cote on 4/10/2023) (vfr)
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Filing 6
ORDER: On March 27, 2023, this case was accepted as related to Albright v. Daily Harvest, Inc., 22cv5987 ("Albright"). Albright and the other related cases in this litigation are currently governed by the following schedule (the "Schedule"): 1. The next pretrial conference will be held telephonically on May 19, 2023 at 2:00 p.m. The parties shall be prepared to discuss a schedule for depositions and expert discovery. The parties shall use the following dial-in credentials for the telephone conference: Dial-in: 888-363-4749 Access code: 4324948. The parties shall use a landline if one is available. 2. The defendants shall, by May 26, 2023, complete their productions of documents to plaintiff Albright and to co-defendants. 3. All current and potential plaintiffs in this litigation represented by William Marler shall provide their medical release forms and plaintiff fact sheets to the defendants by June 1, 2023. It is hereby ORDERED that the above-captioned action shall be governed by the Schedule. If any different or additional scheduling is necessary in the above-captioned action, a party requesting such scheduling shall, by March 31, 2023, file a letter no longer than two (2) pages indicating their proposed schedule. ( Telephone Conference set for 5/19/2023 at 2:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 3/27/2023) (vfr)
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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. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Unassigned is no longer assigned to the case. (aea) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-05987-DLC. Notice of Assignment to follow. (aea) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Daily Harvest, Inc., Molinos Asociados SAC, Second Bite Foods, Inc., Smirk's Ltd.. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul Vincent Nunes. The party information for the following party/parties has been modified: Tyler Street. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) |
| Case Designated ECF. (vf) |
| CASE REFERRED TO Judge Denise L. Cote as possibly related to 1:22-cv-5987. (vf) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Daily Harvest, Inc., Second Bite Foods, Inc. d/b/a Stone Gate Foods, Smirk's Ltd., Molinos Asociados SAC, re: #1 Complaint,. Document filed by Tyler Street..(Nunes, Paul) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 22-cv-5987. Document filed by Tyler Street..(Nunes, Paul) |
| Filing 2 CIVIL COVER SHEET filed..(Nunes, Paul) |
| Filing 1 COMPLAINT against Daily Harvest, Inc., John Doe Corporations 1-5, Molinos Asociados SAC, Second Bite Foods, Inc. d/b/a Stone Gate Foods, Smirk's Ltd.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27509431)Document filed by Tyler Street..(Nunes, Paul) |
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