D'AmbolA et al v. Daily Harvest, Inc. et al
| Kathryn D'Ambola and Christopher D'Ambola |
| Daily Harvest Inc., Police Officers John Does 1-10, ABC Corps. 1-10, Second Bite Foods, Inc doing business as Stone Gate Foods and Smirk's Ltd. |
| Second Bite Foods, Inc |
| 1:2023cv04313 |
| June 5, 2023 |
| US District Court for the Southern District of New York |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 pl Diversity-Product Liability |
| Both |
Docket Report
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| Filing 27 CASE TRANSFERRED IN from the United States District Court - District of New Jersey; Case Number: 2:22-cv-06316. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Mary Kay Vyskocil. 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..(vba) |
| Magistrate Judge Valerie Figueredo 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) |
| Case Designated ECF. (vba) |
| 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. (vba) |
Filing 26
ORDER that Daily Harvest's motion #6 -1 is GRANTED with respect to the request to transfer this action to the Southern District of New York. The Court does not decide Daily Harvest's request to compel arbitration, but defers this decision to the transferee forum. The Clerk of the Court shall TRANSFER this matter to the Southern District of New York and mark the action in this Court CLOSED. Signed by Judge Evelyn Padin on 5/30/2023. (qa, ) [Transferred from New Jersey on 6/5/2023.]
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| Filing 25 OPINION. Signed by Judge Evelyn Padin on 5/30/2023. (qa, ) [Transferred from New Jersey on 6/5/2023.] |
| ***Civil Case Terminated. (qa, ) [Transferred from New Jersey on 6/5/2023.] |
| Filing 24 ANSWER to Crossclaim by SECOND BITE FOODS, INC..(HECK, ANDREW) [Transferred from New Jersey on 6/5/2023.] |
| Filing 23 ANSWER to Crossclaim of Defendant Smirk's Ltd. by DAILY HARVEST, INC..(JACOBSON, JEFFREY) [Transferred from New Jersey on 6/5/2023.] |
| Filing 22 SMIRKS LTD ANSWER to Amended Complaint , CROSSCLAIM against DAILY HARVEST, INC., SECOND BITE FOODS, INC. by SMIRK'S, LTD..(BRUDER, JENNIFER) [Transferred from New Jersey on 6/5/2023.] |
| Filing 21 SUMMONS Returned Executed by KATHRYN D'AMBOLA, CHRISTOPHER D'AMBOLA. SECOND BITE FOODS, INC. served on 12/7/2022, answer due 12/28/2022. (PARIS, DAVID) [Transferred from New Jersey on 6/5/2023.] |
| Filing 20 Letter from STONE GATE FOODS IN NON-OPPOSITION TO MOTION TO COMPEL ARBITRATION AND CONSENT TO TRANSFER. (HECK, ANDREW) [Transferred from New Jersey on 6/5/2023.] |
| Filing 19 Corporate Disclosure Statement by SECOND BITE FOODS, INC.. (HECK, ANDREW) [Transferred from New Jersey on 6/5/2023.] |
| Filing 18 ANSWER to Amended Complaint by SECOND BITE FOODS, INC..(HECK, ANDREW) [Transferred from New Jersey on 6/5/2023.] |
| Filing 17 BRIEF (Reply) in Further Support of Motion to Compel Arbitration or Transfer (D.E. 6) (JACOBSON, JEFFREY) [Transferred from New Jersey on 6/5/2023.] |
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Filing 16
ORDER granting the stay aspect of the #6 Motion. Discovery is stayed pending further order of the Court. The initial scheduling conference set for December 15, 2022 at 9:00 a.m is canceled. Signed by Magistrate Judge Edward S. Kiel on 12/12/2022. (qa, ) [Transferred from New Jersey on 6/5/2023.]
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| Filing 15 Letter from Daily Harvest, Inc.. (JACOBSON, JEFFREY) [Transferred from New Jersey on 6/5/2023.] |
| Filing 14 SUMMONS ISSUED as to SECOND BITE FOODS, INC., SMIRK'S, LTD.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (qa, ) [Transferred from New Jersey on 6/5/2023.] |
| Filing 13 Request for Summons to be Issued by KATHRYN D'AMBOLA, CHRISTOPHER D'AMBOLA as to SMIRK'S, LTD.. (PARIS, DAVID) [Transferred from New Jersey on 6/5/2023.] |
| Filing 12 Request for Summons to be Issued by KATHRYN D'AMBOLA, CHRISTOPHER D'AMBOLA as to SECOND BITE FOODS, INC.. (PARIS, DAVID) [Transferred from New Jersey on 6/5/2023.] |
| Filing 11 STIPULATION Joint Certification of the Citizenship of the Parties in Diversity Cases by DAILY HARVEST, INC.. (JACOBSON, JEFFREY) [Transferred from New Jersey on 6/5/2023.] |
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Filing 10
LETTER ORDER adjourning the #6 Motion to Compel Arbitration and Stay Proceedings. Signed by Judge Evelyn Padin on 11/28/2022. (qa, ) [Transferred from New Jersey on 6/5/2023.]
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| Reset Deadlines as to #6 MOTION to Compel ARBITRATION AND STAY PROCEEDINGS OR IN ALTERNATIVE TRANSFER. Motion set for 12/19/2022 before Judge Evelyn Padin. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (qa, ) [Transferred from New Jersey on 6/5/2023.] |
| Filing 9 Letter from Jeffrey S. Jacobson. (JACOBSON, JEFFREY) [Transferred from New Jersey on 6/5/2023.] |
| Filing 8 BRIEF in Opposition filed by All Plaintiffs re #6 MOTION to Compel ARBITRATION AND STAY PROCEEDINGS OR IN ALTERNATIVE TRANSFER (Attachments: #1 Certification Certification of Counsel)(JONES, KRISTEN) [Transferred from New Jersey on 6/5/2023.] |
| Filing 7 AMENDED COMPLAINT against All Defendants All Defendants., filed by KATHRYN D'AMBOLA, CHRISTOPHER D'AMBOLA.(PARIS, DAVID) [Transferred from New Jersey on 6/5/2023.] |
| Filing 6 MOTION to Compel ARBITRATION AND STAY PROCEEDINGS OR IN ALTERNATIVE TRANSFER by DAILY HARVEST, INC.. (Attachments: #1 Brief ISO MOTION, #2 Declaration of R. Silver, #3 Exhibit A to Declaration of R. Silver, #4 Text of Proposed Order, #5 Certificate of Service)(JACOBSON, JEFFREY) [Transferred from New Jersey on 6/5/2023.] |
| Set Deadlines as to #6 MOTION to Compel ARBITRATION AND STAY PROCEEDINGS OR IN ALTERNATIVE TRANSFER. Motion set for 12/5/2022 before Judge Evelyn Padin. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (qa, ) [Transferred from New Jersey on 6/5/2023.] |
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Filing 5
LETTER ORDER: A telephonic initial scheduling conference shall be held on December 15, 2022 at 9:00 a.m. before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. The parties shall file a proposed joint discovery plan no later than three business days before the scheduled initial conference. The Court's form joint discovery plan can be found # here. Signed by Magistrate Judge Edward S. Kiel on 11/3/2022. (sms) [Transferred from New Jersey on 6/5/2023.]
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| Filing 4 Certification of David M. Paris, Esq. on behalf of All Plaintiffs. (PARIS, DAVID) [Transferred from New Jersey on 6/5/2023.] |
| Filing 3 NOTICE of Appearance by DAVID MARK PARIS on behalf of All Plaintiffs (PARIS, DAVID) [Transferred from New Jersey on 6/5/2023.] |
| Case Assigned to Judge Evelyn Padin and Magistrate Judge Edward S. Kiel. (ak, ) [Transferred from New Jersey on 6/5/2023.] |
| CASE REFERRED to Arbitration. (ak, ) [Transferred from New Jersey on 6/5/2023.] |
| Filing 2 Corporate Disclosure Statement by ABC CORPS 1-10, Daily Harvest, John 1-10 Does. (JACOBSON, JEFFREY) [Transferred from New Jersey on 6/5/2023.] |
| Filing 1 NOTICE OF REMOVAL by Daily Harvest, ABC CORPS 1-10, John 1-10 Does from Superior Court New Jersey Union County, case number UNN-L-2250-22. ( Filing and Admin fee $ 402 receipt number ANJDC-13791056), filed by Daily Harvest, ABC CORPS 1-10, John 1-10 Does. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(JACOBSON, JEFFREY) [Transferred from New Jersey on 6/5/2023.] |
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