Pearson v. Daily Harvest, Inc. et al
| Luke Wesley Pearson |
| Daily Harvest Inc., Second Bite Foods, Inc a foreign corporation doing business as Stone Gate Foods and Smirk's Ltd. |
| 1:2023cv04296 |
| May 23, 2023 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Katherine Polk Failla |
| Insurance |
| 28 U.S.C. § 1332 ct Diversity-(Citizenship) |
| Defendant |
Docket Report
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Filing 66
ORDER: A telephonic conference in this litigation was held on July 21, 2023. As set forth at the conference, it is hereby ORDERED that the following schedule shall apply to the further conduct of pretrial proceedings in this litigation: 1. The parties shall, by October 6, 2023, submit a proposal regarding a process for selecting bellwether cases for trial. 2. Depositions of any fact witnesses that the plaintiffs intend to depose shall be completed by January 26, 2024. 3.A telephonic conference shall be held on January 26, 2024 at 2:00 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 the selection process for bellwether cases (to the extent such process has not already been decided) and a schedule for the remainder of the litigation, including expert discovery and summary judgment practice. ( Depositions due by 1/26/2024., Telephone Conference set for 1/26/2024 at 02:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/21/2023) (vfr)
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Filing 65
ORDER: A telephonic conference in this litigation is scheduled for July 21, 2023 at 3:00 p.m. It is hereby ORDERED that the conference shall be held on July 21, 2023 at 4:00 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 04:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/21/2023) (jwh)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 7/21/2023. (Court Reporter George Malinowski) (jwh) |
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Filing 64
ORDER: NON-PARTY DISCOVERY: Accordingly, this Order sets out additional principles and procedures for the sharing of discovery between the parties in the Daily Harvest Litigation and any Represented Potential Claimants. It is hereby ORDERED that the following procedures shall apply to any Represented Potential Claimants who seek access to discovery produced in the Albright Proceeding and/or additional nonduplicative discovery: 1.Any Represented Potential Claimant seeking access to discovery produced in the Albright Proceeding shall give written notice to counsel for plaintiffs and for any defendants who have filed an answer in the Albright Proceeding. The notice shall indicate that the Represented Potential Claimant agrees (a) to be bound by the Coordination Order in the event they become a party in any Related Action, (b) to be bound by the Protective Order, and (c) to be subject to this Court's jurisdiction regarding the enforcement of the Coordination Order and the Protective Order, and the resolution of any discovery dispute. 2. Within twenty-one (21) days of receiving the notice referred to in paragraph 1, any party in the Albright Proceeding objecting to the notice shall provide a letter to the Represented Potential Claimant's counsel setting forth the basis for any objections. If the dispute cannot be resolved between the objecting party or parties and the Represented Potential Claimant, the Represented Potential Claimant shall file with the Court a letter no longer than two (2) pages setting forth the nature of the dispute and requesting resolution. 3. Any Represented Potential Claimant seeking to access additional, non-duplicative discovery shall, by August 15, 2023, submit any discovery requests to counsel for the plaintiffs in the Albright Proceeding. Counsel for the Represented Potential Claimant and for plaintiffs in the Albright Proceeding shall confer regarding the potential duplicativeness of the requests. Counsel for the Represented Potential Claimant shall, by September 15, 2023, submit any nonduplicative discovery requests to the other parties in the Albright Proceeding. Within twenty-one (21) days of receiving such a request, any party in the Albright Proceeding objecting to the request shall provide a letter to the Represented Potential Claimant's counsel setting forth the basis for any objections. If the dispute cannot be resolved between the objecting party or parties and the Represented Potential Claimant, the Represented Potential Claimant shall file with the Court a letter no longer than two (2) pages setting forth the nature of the dispute and requesting resolution. (Signed by Judge Denise L. Cote on 7/19/2023) (vfr)
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Filing 63
ORDER: On June 26, 2023, the plaintiff in the lead case in this litigation and the defendants who have filed answers in the litigation submitted a letter regarding a protocol for access to discovery for non-party claimants. Attached is a proposed order setting out such a protocol. It is hereby ORDERED that the parties shall confer regarding the proposed order and shall, by July 7, file a joint letter indicating any proposed revisions. (Signed by Judge Denise L. Cote on 6/29/2023) (Attachments: #1 Exhibit 1) (vfr)
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| Filing 62 LETTER addressed to Judge Denise L. Cote from Jeffrey A. Bowersox dated June 27, 2023 re: Acceptance of Service Request to Defendant Molinos. Document filed by Luke Wesley Pearson..(Bowersox, Jeffrey) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Discovery Hearing held on 6/2/2023. (Court Reporter Alena Lynch) (jwh) |
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Filing 61
ORDER: On May 30, 2023, Daily Harvest, Inc. ("Daily Harvest") submitted a letter seeking reconsideration of an Order dated March 22, 2023. The following day, Smirk's Ltd. ("Smirk's") submitted a letter opposing Daily Harvest's requests and identifying purported discovery violations by Daily Harvest. Having reviewed the submissions, it is hereby ORDERED that, pursuant to this Court's Individual Practices in Civil Cases, letters to the Court shall not exceed two (2) pages in length. IT IS FURTHER ORDERED that a telephone conference to discuss Smirk's complaints regarding Daily Harvest's conduct in discovery shall be held on June 2, 2023 at 10:00 a.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. ( Telephone Conference set for 6/2/2023 at 10:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/31/2023) (vfr)
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| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-05987-DLC. (tro) |
| NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Katherine Polk Failla is no longer assigned to the case. (tro) |
| Filing 60 CASE TRANSFERRED IN from the United States District Court - District of Oregon; Case Number: 3:22-cv-01563. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Katherine Polk Failla. 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..(tro) |
| 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. (tro) |
| Case Designated ECF. (tro) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions..(tro) |
| Filing 59 Clerk's Notice of Pay.gov Refund regarding Agency Tracking ID: AORDC-8881452. The request has been granted and the amount of $300.00 will be refunded to Debra Diaz Related Doc #58 Request for Refund of Fees Paid Electronically,. (lp) [Transferred from Oregon on 5/23/2023.] |
| Filing 58 Request for Refund of Fees Paid Electronically regarding Order on Motion for Leave to Appear Pro Hac Vice 53 , Clerk's Review of Pro Hac Vice Motion, Refund Request Due, 54 , Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jeffrey S. Jacobson. Filing fee in the amount of $300 collected; Agency Tracking ID: BORDC-8881452 #52 . Filed by Daily Harvest, Inc.. (Jacobson, Jeffrey) [Transferred from Oregon on 5/23/2023.] |
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Filing 57
OPINION AND ORDER: The motions to transfer filed by Daily Harvest and Smirk's LTD (ECF #21 ; ECF #27 ) are GRANTED. This case shall be transferred to the Southern District of New York. IT IS SO ORDERED. Signed on 4/12/2023 by Magistrate Judge Youlee Yim You. (pvh) [Transferred from Oregon on 5/23/2023.]
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| Filing 56 Notice of Change of Address. Filed by Smirk's LTD. (Bruder, Jennifer) [Transferred from Oregon on 5/23/2023.] |
| Filing 55 MINUTES of Proceedings: Telephonic Oral Argument Hearing held on April 6, 2023, regarding Motion to Change or Transfer Venue #21 and Amended Motion to Change or Transfer Venue #27 . Jeffrey A. Bowersox present as counsel for plaintiff. Jennifer Bruder and Nicholas Beyer present as counsel for defendant Smirk's LTD. Megan L. Ferris and Jeffrey S. Jacobson present as counsel for defendant Daily Harvest, Inc. Michael P. Lowry present as counsel for defendant Second Bite Foods, Inc. Court Reporter: Kellie Humiston. Magistrate Judge Youlee Yim You presiding. (pvh) [Transferred from Oregon on 5/23/2023.] |
| Filing 54 A duplicate payment in the amount of $300.00 was submitted by Daily Harvest, Inc. in the above-referenced case. For information on refund procedures, visit #Requesting a Refund of Electronically Paid Fees on the Court's website. Refund Request is Due 4/17/2023. (lp) [Transferred from Oregon on 5/23/2023.] |
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Filing 53
ORDER: Granting attorney Jeffrey S. Jacobson's Motion for Leave to Appear Pro Hac Vice #52 for defendant Daily Harvest, Inc. Agency Tracking ID: BORDC-8881452. Ordered by Magistrate Judge Youlee Yim You. (pvh) [Transferred from Oregon on 5/23/2023.]
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| Filing 52 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jeffrey S. Jacobson. Filing fee in the amount of $300 collected; Agency Tracking ID: BORDC-8881452. Expedited Hearing requested. Filed by Daily Harvest, Inc.. (Jacobson, Jeffrey) [Transferred from Oregon on 5/23/2023.] |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jeffrey S. Jacobson. Filing fee in the amount of $300 collected; Agency Tracking ID: BORDC-8881452 #52 : Reviewed and Ready for Ruling. (ecp) [Transferred from Oregon on 5/23/2023.] |
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Filing 51
Scheduling Order: SETTING Telephonic Oral Argument for Thursday, April 6, 2023, at 1:30PM before Magistrate Judge Youlee Yim You regarding Amended Motion to Change or Transfer Venue #27 . Ordered by Magistrate Judge Youlee Yim You. (pvh) [Transferred from Oregon on 5/23/2023.]
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Filing 50
ORDER: The parties' Motion to Stay #49 is granted. All deadlines are stayed pending ruling on the Motions to Transfer Venue ( #21 , #27 ) currently pending. Ordered by Magistrate Judge Youlee Yim You. (pvh) [Transferred from Oregon on 5/23/2023.]
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| Filing 49 Motion for Stay . Filed by Smirk's LTD. (Beyer, Nicholas) [Transferred from Oregon on 5/23/2023.] |
| Filing 48 Declaration of Nicholas Beyer . Filed by Smirk's LTD. (Beyer, Nicholas) [Transferred from Oregon on 5/23/2023.] |
| Filing 47 Declaration of Nicholas Beyer . Filed by Smirk's LTD. (Related document(s): Motion to change/transfer venue #21 .) (Beyer, Nicholas) [Transferred from Oregon on 5/23/2023.] |
| Filing 46 Reply to Motion to Change or Transfer Venue #21 . Filed by Smirk's LTD. (Beyer, Nicholas) [Transferred from Oregon on 5/23/2023.] |
| Filing 45 Declaration of Rickey Silver . Filed by Daily Harvest, Inc.. (Related document(s): Motion to change/transfer venue #21 .) (Ferris, Megan) [Transferred from Oregon on 5/23/2023.] |
| Filing 44 Reply to Motion to Change or Transfer Venue #21 . Filed by Daily Harvest, Inc.. (Ferris, Megan) [Transferred from Oregon on 5/23/2023.] |
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Filing 43
ORDER: Defendant Smirk's LTD's Unopposed Motion for Extension of Time #42 is granted as follows: Defendant Smirk's LTD's replies to motions to transfer case #21 & #27 are due by January 20, 2023. Ordered by Magistrate Judge Youlee Yim You. (pvh) [Transferred from Oregon on 5/23/2023.]
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| Filing 42 Motion for Extension of Time . Filed by Smirk's LTD. (Beyer, Nicholas) [Transferred from Oregon on 5/23/2023.] |
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Filing 41
ORDER: Granting Motion for Extension of Time to File Response/Reply #38 . Defendant Daily Harvest's replies to motions to transfer venue #21 & #27 are due by 1/13/2023. Ordered by Magistrate Judge Youlee Yim You. (dsg) [Transferred from Oregon on 5/23/2023.]
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Filing 40
ORDER issued by Magistrate Judge Youlee Yim You: Granting Defendant Smirk's LTD's Unopposed Motion for Extension of Time #39 as follows: Defendant Smirk's LTD's replies to motions to transfer case #21 & #27 due by 1/13/2023. (gm) [Transferred from Oregon on 5/23/2023.]
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| Filing 39 Motion for Extension of Time . Filed by Smirk's LTD. (Beyer, Nicholas) [Transferred from Oregon on 5/23/2023.] |
| Filing 38 Motion for Extension of Time to File a Response/Reply. Titled: 'Response to defendants' to Amended Motion to Change or Transfer Venue #27 , Motion to Change or Transfer Venue #21 .' Filed by Daily Harvest, Inc.. (Ferris, Megan) Modified on 12/22/2022 to correct filing event, NEF regenerated (sb). [Transferred from Oregon on 5/23/2023.] |
| Filing 37 Declaration of Luke Wesley Pearson. Filed by Luke Wesley Pearson. (Related document(s): Memorandum in Opposition #35 .) (Bowersox, Jeffrey) [Transferred from Oregon on 5/23/2023.] |
| Filing 36 Declaration of Jeffrey A. Bowersox. Filed by Luke Wesley Pearson. (Related document(s): Memorandum in Opposition #35 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Bowersox, Jeffrey) [Transferred from Oregon on 5/23/2023.] |
| Filing 35 Memorandum in Opposition to Amended Motion to Change or Transfer Venue #27 , Motion to Change or Transfer Venue #21 Oral Argument requested. Filed by Luke Wesley Pearson. (Bowersox, Jeffrey) [Transferred from Oregon on 5/23/2023.] |
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Filing 34
ORDER: Plaintiff's Unopposed Motion for Extension of Time to File Response #33 is granted. Plaintiff's responses to motions of defendants Daily Harvest and Smirk's, Inc. to transfer case are due December 16, 2022. Ordered by Magistrate Judge Youlee Yim You. (pvh) [Transferred from Oregon on 5/23/2023.]
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| Filing 33 Motion for Extension of Time to File a Response/Reply to Motion to Change or Transfer Venue #21 , Amended Motion to Change or Transfer Venue #27 . Filed by Luke Wesley Pearson. (Bowersox, Jeffrey) [Transferred from Oregon on 5/23/2023.] |
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Filing 32
ORDER: The Motion to Change or Transfer Venue #25 filed by defendant Smirk's LTD is moot in light of its Amended Motion to Change or Transfer Venue #27 . Ordered by Magistrate Judge Youlee Yim You. (pvh) [Transferred from Oregon on 5/23/2023.]
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Filing 31
ORDER: Plaintiff's request #30 to file a consolidated response to defendants' Motions to Change or Transfer Venue #21 #27 is granted. The consolidated response shall be filed by December 9, 2022. Ordered by Magistrate Judge Youlee Yim You. (pvh) [Transferred from Oregon on 5/23/2023.]
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| Filing 30 Consent Request Extension of Time to Respond to Motions. Filed by Luke Wesley Pearson. (Bowersox, Jeffrey) [Transferred from Oregon on 5/23/2023.] |
| Filing 29 Response to Motion to Change or Transfer Venue #25 , Motion to Change or Transfer Venue #21 . Filed by Second Bite Foods, Inc.. (Lowry, Michael) [Transferred from Oregon on 5/23/2023.] |
| Filing 28 Answer to Complaint following a Notice of Removal (Related Doc. #1 ) . Filed by Second Bite Foods, Inc.. (Lowry, Michael) [Transferred from Oregon on 5/23/2023.] |
| Filing 27 Amended Motion to Change or Transfer Venue . Filed by Smirk's LTD. (Beyer, Nicholas) [Transferred from Oregon on 5/23/2023.] |
| Filing 26 Declaration of Nicholas Beyer. Filed by Smirk's LTD. (Related document(s): Motion to change/transfer venue #25 .) (Beyer, Nicholas) [Transferred from Oregon on 5/23/2023.] |
| Filing 25 Motion to Change or Transfer Venue . Filed by Smirk's LTD. (Beyer, Nicholas) [Transferred from Oregon on 5/23/2023.] |
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Filing 24
ORDER: Granting attorney Jennifer Bruder's Motion for Leave to Appear Pro Hac Vice #19 for defendant Smirk's Ltd.: Agency Tracking ID: AORDC-8719709. Ordered by Magistrate Judge Youlee Yim You. (pvh) [Transferred from Oregon on 5/23/2023.]
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Filing 23
ORDER: Defendant Second Bite Foods, Inc.'s (Second) Unopposed Motion for Extension of Time #22 is granted. Second Bite Foods, Inc.'s answer or other responsive pleading to plaintiff's complaint is due November 18, 2022. Ordered by Magistrate Judge Youlee Yim You. (pvh) [Transferred from Oregon on 5/23/2023.]
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| Filing 22 Unopposed Motion for Extension of Time Second Request. Filed by Second Bite Foods, Inc.. (Lowry, Michael) [Transferred from Oregon on 5/23/2023.] |
| Filing 21 Motion to Change or Transfer Venue . Filed by Daily Harvest, Inc. Oral Argument Requested. (Attachments: #1 Attachment Declaration of Ricky Silver) (Ferris, Megan) Modified on 11/14/2022 to add oral argument requested(kms). [Transferred from Oregon on 5/23/2023.] |
| Filing 20 Corporate Disclosure Statement. Filed by Daily Harvest, Inc.. (Ferris, Megan) Modified text of entry on 11/14/2022 (pvh). [Transferred from Oregon on 5/23/2023.] |
| Filing 19 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jennifer Bruder. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8719709. Filed by Smirk's LTD. (Bruder, Jennifer) [Transferred from Oregon on 5/23/2023.] |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jennifer Bruder. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8719709 #19 : Reviewed and Ready for Ruling. (ecp) [Transferred from Oregon on 5/23/2023.] |
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Filing 18
ORDER: Defendant Second Bite Foods, Inc.'s Unopposed Motion for Extension of Time #16 is granted. Second Bite Foods, Inc.'s answer or other responsive pleading to plaintiff's complaint is due November 14, 2022. Ordered by Magistrate Judge Youlee Yim You. (pvh) [Transferred from Oregon on 5/23/2023.]
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Filing 17
ORDER: Defendant Daily Harvest, Inc.'s Second Unopposed Motion for Extension of Time #14 is granted. Defendant Daily Harvest, Inc.'s answer or other responsive pleading to plaintiff's complaint is due November 14, 2022. Ordered by Magistrate Judge Youlee Yim You. (pvh) [Transferred from Oregon on 5/23/2023.]
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| Filing 16 Unopposed Motion for Extension of Time . Filed by Second Bite Foods, Inc.. (Lowry, Michael) [Transferred from Oregon on 5/23/2023.] |
| Filing 15 Corporate Disclosure Statement . Filed by Second Bite Foods, Inc.. (Lowry, Michael) [Transferred from Oregon on 5/23/2023.] |
| Filing 14 Unopposed Motion for Extension of Time . Filed by Daily Harvest, Inc.. (Ferris, Megan) [Transferred from Oregon on 5/23/2023.] |
| Filing 13 Notice of Joinder in Notice of Removal, #1 Filed by Second Bite Foods, Inc.. (Related document(s): Notice of Removal, #1 .) (Lowry, Michael) [Transferred from Oregon on 5/23/2023.] |
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Filing 12
ORDER: Defendant Smirk's Ltd.'s Unopposed Motion for Extension of Time #10 is granted. Defendant Smirk's Ltd.'s answer or other responsive pleading to plaintiff's complaint is due November 14, 2022. Ordered by Magistrate Judge Youlee Yim You. (pvh) [Transferred from Oregon on 5/23/2023.]
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| Filing 11 Declaration of Nicholas Beyer . Filed by Smirk's LTD. (Related document(s): Motion for Extension of Time #10 .) (Beyer, Nicholas) Modified on 11/2/2022 to add name of who signed the declaration(ecp). [Transferred from Oregon on 5/23/2023.] |
| Filing 10 Motion for Extension of Time . Filed by Smirk's LTD. (Beyer, Nicholas) [Transferred from Oregon on 5/23/2023.] |
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Filing 9
ORDER: Defendant Smirk Ltd.'s Unopposed Motion for Extension of Time #7 is granted. Defendant Smirk Ltd.'s answer or other responsive pleading to plaintiff's complaint is due November 7, 2022. Ordered by Magistrate Judge Youlee Yim You. (pvh) [Transferred from Oregon on 5/23/2023.]
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| Filing 8 Declaration of Nicholas Beyer . Filed by Smirk's LTD. (Related document(s): Motion for Extension of Time #7 .) (Beyer, Nicholas) [Transferred from Oregon on 5/23/2023.] |
| Filing 7 Motion for Extension of Time . Filed by Smirk's LTD. (Beyer, Nicholas) [Transferred from Oregon on 5/23/2023.] |
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Filing 6
ORDER: Defendant Daily Harvest, Inc.'s Unopposed Motion for Extension of Time #5 is granted. Defendant Daily Harvest, Inc.'s answer or other responsive pleading to plaintiff's complaint is due by November 07, 2022. Ordered by Magistrate Judge Youlee Yim You. (pvh) [Transferred from Oregon on 5/23/2023.]
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| Filing 5 Unopposed Motion for Extension of Time . Filed by Daily Harvest, Inc.. (Ferris, Megan) [Transferred from Oregon on 5/23/2023.] |
| Filing 4 Return of Service Executed as to Second Bite Foods, Inc. served on 10/13/2022, answer due on 11/3/2022. (Bowersox, Jeffrey) [Transferred from Oregon on 5/23/2023.] |
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Filing 3
Notice of Case Assignment to Magistrate Judge Youlee Yim You and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 2/14/2023. Joint Alternate Dispute Resolution Report is due by 3/16/2023. Ordered by Magistrate Judge Youlee Yim You. (dino) [Transferred from Oregon on 5/23/2023.]
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| Filing 2 Corporate Disclosure Statement . Filed by Smirk's LTD. (Beyer, Nicholas) [Transferred from Oregon on 5/23/2023.] |
| Filing 1 Notice of Removal of Case Number 22CV21637 from Multnomah County Circuit Court. Filing Fee in amount of $402 collected. Agency Tracking ID: AORDC-8689307 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by Smirk's LTD. (Beyer, Nicholas) [Transferred from Oregon on 5/23/2023.] |
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