Malich et al v. Nutraceutical Wellness, Inc.
| Olena Malich, Erin Scott, Rachel Clugston, Igor Kravchenko and Monica Kapoor |
| Nutraceutical Wellness, Inc. |
| 1:2023cv06146 |
| July 17, 2023 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.
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Filing 16
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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Filing 15
ORDER FOR ADMISSION PRO HAC VICE granting #10 Motion for Kristen Lake Cardoso to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 8/17/2023) (tro)
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Filing 14
ORDER FOR ADMISSION PRO HAC VICE OF NICK SUCIU III granting #6 Motion for Nick Suciu III to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 8/17/2023) (tro)
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| CONSOLIDATED MEMBER CASE: Create association to 1:23-cv-05652-PGG. (tro) |
| Filing 13 MOTION to Consolidate Cases 1:23-cv-06146, 1:23-cv-05652, Joint Stipulation to Consolidate Cases. Document filed by Nutraceutical Wellness, Inc...(Delgado, William) |
| Filing 12 NOTICE OF APPEARANCE by Grace Elizabeth Schmidt on behalf of Nutraceutical Wellness, Inc...(Schmidt, Grace) |
| Filing 11 NOTICE OF APPEARANCE by William A Delgado on behalf of Nutraceutical Wellness, Inc...(Delgado, William) |
| Filing 10 MOTION for Kristen Lake Cardoso to Appear Pro Hac Vice receipt number ANYSDC-28102597. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rachel Clugston, Monica Kapoor, Igor Kravchenko, Olena Malich, Erin Scott. (Attachments: #1 Affidavit of Kristen Lake Cardoso, #2 Proposed Order Proposed Order).(Cardoso, Kristen) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Kristen Lake Cardoso to Appear Pro Hac Vice receipt number ANYSDC-28102597. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
| Filing 9 NOTICE OF APPEARANCE by Allison Parr on behalf of Rachel Clugston, Monica Kapoor, Igor Kravchenko, Olena Malich, Erin Scott..(Parr, Allison) |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kristen Lake Cardoso to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28102597. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rachel Clugston, Monica Kapoor, Igor Kravchenko, Olena Malich, Erin Scott. (Attachments: #1 Affidavit of Kristen Lake Cardoso, #2 Proposed Order Proposed Order).(Cardoso, Kristen) Modified on 8/4/2023 (sgz). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for Kristen Lake Cardoso to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28102597. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California and Supreme Court of Florida. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) |
| Filing 7 AFFIDAVIT OF SERVICE. Nutraceutical Wellness, Inc. served on 7/26/2023, answer due 8/16/2023. Service was accepted by Robin Hutt-Banks, Agent. Document filed by Olena Malich; Igor Kravchenko; Rachel Clugston; Erin Scott; Monica Kapoor..(Weiner, Melissa) |
| Filing 6 MOTION for Nick Suciu III to Appear Pro Hac Vice for Plaintiff. Filing fee $ 200.00, receipt number ANYSDC-28076889. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rachel Clugston, Monica Kapoor, Igor Kravchenko, Olena Malich, Erin Scott. (Attachments: #1 Exhibit Declaration of Nick Suciu III in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order Proposed Order).(Suciu, Nick) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Nick Suciu III to Appear Pro Hac Vice for Plaintiff. Filing fee $ 200.00, receipt number ANYSDC-28076889. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (dsh) |
| CASE ACCEPTED AS RELATED. Create association to 1:23-cv-03787-PGG. Notice of Assignment to follow. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Unassigned is no longer assigned to the case. (laq) |
| 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. (laq) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Nutraceutical Wellness, Inc...(pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) |
| CASE REFERRED TO Judge Paul G. Gardephe as possibly related to 23cv3787. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Melissa S Weiner. The following case opening statistical information was erroneously selected/entered: Dollar Demand $5,000,000,000; County code Albany;. 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 XX Out of State;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Melissa S Weiner. The party information for the following party/parties has been modified: Olena Malich, Igor Kravchenko, Rachel Clugston, Erin Scott, Monica Kapoor. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:23-cv-03787. Document filed by Rachel Clugston, Monica Kapoor, Igor Kravchenko, Olena Malich, Erin Scott..(Weiner, Melissa) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Nutraceutical Wellness, Inc., re: #1 Complaint,,,. Document filed by Rachel Clugston, Monica Kapoor, Igor Kravchenko, Olena Malich, Erin Scott..(Weiner, Melissa) |
| Filing 2 CIVIL COVER SHEET filed..(Weiner, Melissa) |
| Filing 1 COMPLAINT against Nutraceutical Wellness, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28009434)Document filed by Olena Malich, Igor Kravchenko, Rachel Clugston, Erin Scott, Monica Kapoor. (Attachments: #1 Exhibit 01 Clinically Proven Claim Nutrafol Womens Balance, #2 Exhibit 02 Clinically Proven Claim Nutrafol Women, #3 Exhibit 03 Clinically Proven Claim Nutrafol Womens Vegan, #4 Exhibit 04 Clinically Proven Claim Nutrafol Postpartum, #5 Exhibit 05 Clinically Proven Claim Nutrafol Mens, #6 Exhibit 06 TinA Complaint, #7 Exhibit 07 Implied Disease Claim Nutrafol Womens Balance, #8 Exhibit 08 Implied Disease Claim Nutrafol Women, #9 Exhibit 09 Implied Disease Claim Nutrafol Womens Vegan, #10 Exhibit 10 Implied Disease Claim Nutrafol Postpartum, #11 Exhibit 11 Implied Disease Claim Nutrafol Men).(Weiner, Melissa) |
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