Nutraceutical Wellness, Inc. Consumer Fraud Litigation
| Erin Sheehan and Kelly Casanova |
| NEUTRACEUTICAL Wellness Inc. and Nutraceutical Wellness, Inc. doing business as Nutrafol |
| Olena Malich, Erin Scott, Rachel Clugston, Igor Kravchenko and Monica Kapoor |
| 1:2023cv05652 |
| June 30, 2023 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Other Fraud |
| 28 U.S.C. § 1453 Class Action Fairness Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 18, 2024. A more recent docket listing may be available from PACER.
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Filing 20
ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for Erik P. Mortensen to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 8/17/2023) (tro)
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Filing 19
ORDER FOR ADMISSION PRO HAC VICE granting #13 Motion for Megan O'Neill to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 8/17/2023) (tro)
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Filing 18
STIPULATION CONCERNING CONSOLIDATING OF RELATED CASES AND STAY OF DEADLINES: Defendant Nutrafol's deadline to answer or otherwise respond to the Malich Plaintiffs' Complaint and any other pending deadlines in the instant case are vacated given the Malich and Sheehan Plaintiffs intend to file a consolidated complaint; Plaintiffs shall file a Consolidated Amended Complaint ("CAC") in the lower numbered case, Sheehan, to merge the two actions (Sheehan and Malich), on or before September26, 2023, and the case will be stayed until then; Defendant shall respond to the CAC by November 7, 2023. The parties' motion to consolidate pursuant to Rule 42 of the Federal Rules of Civil Procedure is granted, the parties' proposed schedule for a consolidated amended complaint and response is adopted, and the parties' motion for a stay is granted. The actions bearing docket numbers 23 Civ. 5652 (PGG) and 23 Civ. 6146 (PGG) (the "consolidated cases") shall be consolidated pursuant to Fed. R. Civ. P. 42. The actions shall be referred to collectively as In re Nutraceutical Wellness, Inc. Consumer Fraud Litigation, No. 23 Civ. 5652 (PGG) (the "consolidated case"). Unless otherwise ordered, future filings in the cases herein consolidated shall be filed and docketed only under docket number 23 Civ. 5652 (PGG). All counsel who have entered appearances in the consolidated cases shall be deemed to have entered an appearance in case number 23 Civ. 5652 (PGG). The parties in 23 Civ. 6146 are directed to refile any pending motions and supporting papers on the public docket in case number 23 Civ. 5652. The Clerk of Court is directed to terminate the motions pending at 23 Civ. 5652, Dkt. No. 14 and 23 Civ. 6146, Dkt. No. 13, and to close case number 23 Civ. 6146. Case number 23 Civ. 5652 will be stayed until September 26, 2023. Motions terminated: (13 in 1:23-cv-06146-PGG) MOTION to Consolidate Cases 1:23-cv-06146, 1:23-cv-05652, Joint Stipulation to Consolidate Cases filed by Nutraceutical Wellness, Inc., (17 in 1:23-cv-05652-PGG) MOTION to Consolidate Cases 1:23-cv-05652, 1:23-cv-06146 Joint Stipulation to Consolidate Cases. filed by Nutraceutical Wellness, Inc. (Signed by Judge Paul G. Gardephe on 8/17/2023) Filed In Associated Cases: 1:23-cv-05652-PGG, 1:23-cv-06146-PGG (tro) Modified on 8/17/2023 (tro). (Main Document 18 replaced on 8/17/2023) (tro). Modified on 8/17/2023 (tro).
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| Case Stayed (tro) |
| ***DELETED DOCUMENT. Deleted document number #19 STIPULATION CONCERNING CONSOLIDATION OF RELATED CASES AND STAY OF DEADLINES as duplicate of #18 . The document was incorrectly filed in this case. (tro) |
| Filing 17 MOTION to Consolidate Cases 1:23-cv-05652, 1:23-cv-06146 Joint Stipulation to Consolidate Cases. Document filed by Nutraceutical Wellness, Inc...(O'Neill, Megan) |
| Filing 16 LETTER addressed to Judge Paul G. Gardephe from James R. Denlea dated 07/26/2023 re: Response to Defendant's Pre-Motion Letter dated July 21, 2023. Document filed by Kelly Casanova, Erin Sheehan..(Denlea, James) |
| Filing 15 LETTER addressed to Judge Paul G. Gardephe from Megan O'Neill dated 07/21/2023 re: Request for Pre-Motion Conference. Document filed by Nutraceutical Wellness, Inc...(O'Neill, Megan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Erik P. Mortensen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28024308. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 14 MOTION for Erik P. Mortensen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28024308. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nutraceutical Wellness, Inc.. (Attachments: #1 Affidavit of Erik P. Mortensen In Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order for Admission Pro Hac Vice).(Mortensen, Erik) Modified on 8/17/2023 (tro). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Megan O'Neill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27992865. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (dsh) |
| Filing 13 MOTION for Megan O'Neill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27992865. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nutraceutical Wellness, Inc.. (Attachments: #1 Affidavit of Megan O'Neill In Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order for Admission Pro Hac Vice).(O'Neill, Megan) |
| CASE ACCEPTED AS RELATED. Create association to 1:23-cv-03787-PGG. Notice of Assignment to follow. (sgz) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Unassigned is no longer assigned to the case. (sgz) |
| Magistrate Judge Robert W. Lehrburger 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. (sgz) |
| Filing 12 NOTICE OF APPEARANCE by Grace Elizabeth Schmidt on behalf of Nutraceutical Wellness, Inc...(Schmidt, Grace) |
| Filing 11 NOTICE OF APPEARANCE by Stanislav Sharovskiy on behalf of Kelly Casanova, Erin Sheehan..(Sharovskiy, Stanislav) |
| Filing 10 NOTICE OF APPEARANCE by Jeffrey I. Carton on behalf of Kelly Casanova, Erin Sheehan..(Carton, Jeffrey) |
| Filing 9 CERTIFICATE OF SERVICE of Corporate Disclosure Statement, Letter Requesting Extension of Time served on Erin Sheehan and Kelly Casanova on 07/05/2023. Document filed by Nutraceutical Wellness, Inc...(Delgado, William) |
| Filing 8 NOTICE of Letter Requesting Extension of Time to Answer Amended Complaint. Document filed by Nutraceutical Wellness, Inc...(Delgado, William) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Unilever United States, Inc., Corporate Parent Unilever PLC, Corporate Parent US Health & Wellbeing, LLC, Corporate Parent Conopco, Inc. d/b/a Unilever for Nutraceutical Wellness, Inc.. Document filed by Nutraceutical Wellness, Inc...(Delgado, William) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William A Delgado. The party information for the following party/parties has been modified: NEUTRACEUTICAL Wellness Inc. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (gp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney William A Delgado to RE-FILE Document No. #4 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 signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - 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. Please use the revised form found here # NYSD form page (lb) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney William A Delgado to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct (WRONG COURTHOUSE ASSIGNMENT). Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (gp) |
| Case Designated ECF. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp) |
| CASE REFERRED TO Judge Paul G. Gardephe as possibly related to 1:23-cv-3787 (PGG). (gp) |
| Filing 6 CERTIFICATE OF SERVICE of Notice of Removal, Civil Cover Sheet, Declaration of Giorgos Tsetis, Corporate Disclosure Statement, Related Case Statement served on Erin Sheehan and Kelly Casanova on 06/30/2023. Service was made by Mail. Document filed by NEUTRACEUTICAL Wellness Inc...(Delgado, William) |
| Filing 5 DECLARATION of Giorgos Tsetis in Support re: #1 Notice of Removal,,. Document filed by NEUTRACEUTICAL Wellness Inc...(Delgado, William) |
| Filing 4 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent US Health & Wellbeing, LLC for NEUTRACEUTICAL Wellness Inc.. Document filed by NEUTRACEUTICAL Wellness Inc...(Delgado, William) Modified on 7/5/2023 (lb). |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 23-cv-03787 (PGG). Document filed by NEUTRACEUTICAL Wellness Inc...(Delgado, William) |
| Filing 2 CIVIL COVER SHEET filed..(Delgado, William) Modified on 7/5/2023 (gp). Modified on 7/5/2023 (gp). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Rockland. Case Number: 030687/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27950999).Document filed by NEUTRACEUTICAL Wellness Inc.. (Attachments: #1 Exhibit 1 - Complaint (Unassigned), #2 Exhibit 2 - Affidavit of Service, #3 Exhibit 3 - Stipulation to Extend Time to Respond to Complaint, #4 Exhibit 4 - Stipulation to Further Extend Time, #5 Exhibit 5 - Stipulation to Further Extend Time, #6 Exhibit 6 - Stipulation to Further Extend Time, #7 Exhibit 7 - Stipulation to Further Extend Time, #8 Exhibit 8 - Amended Complaint).(Delgado, William) |
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