Spencer et al v. Knix Wear, Inc. et al
| Erin Spencer and Nickole Gonzalez |
| Knix Wear, Inc., Knix Wear LLC, Knix Wear California LLC, Knix Wear US, Inc. and Knix San Diego UTC, LLC |
| 1:2023cv07823 |
| September 1, 2023 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Contract Product Liability |
| 28 U.S.C. § 1332 bw Diversity -Breach of Warranty |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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Filing 34
PRELIMINARY APPROVAL ORDER granting #8 MOTION to Approve PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT. NOW, THEREFORE, IT IS HEREBY ORDERED: For purposes of this Order, the Court adopts all defined terms as set forth in the Settlement Agreement. Plaintiffs Erin Spencer and Nickole Gonzalez are hereby appointed as Class Representatives of the Settlement Class. Hunter Bryson, Erin Ruben, Harper Segui, and Rachel Soffin are hereby appointed as Class Counsel for the Settlement Class. The Settlement Class, if certified in connection with final approval, shall be for settlement purposes only and without prejudice to the parties in the event the Settlement is not finally approved by this Court or otherwise does not take effect. The Court hereby preliminarily approves the Settlement, as memorialized in the Settlement Agreement, as fair, reasonable, and adequate, and in the best interest of the Plaintiffs and the other Settlement Class Members, subject to further consideration at the Final Approval Hearing to be conducted as described below. The Court hereby stays this Action pending final approval of the Settlement, and enjoins, pending final approval of the Settlement, any actions brought by the named Plaintiffs concerning a Released Claim. The Court will hold a Final Approval Hearing on April 23, 2024, at 10:00 a.m. in Courtroom 20B of the United States District Court, Southern District of New York, 500 Pearl Street, New York, New York 10007, for the following purposes: (i) to determine whether the Settlement should be approved as fair, reasonable, and adequate and in the best interests of Settlement Class Members; (ii) to rule upon Class Counsel's application for an award of attorneys' fees and expenses; (iii) to rule upon Class Counsel's application for service awards for the Class Representatives; and (iv) to consider any other matters that may properly be brought before the Court in connection with the Settlement. The Court retains exclusive jurisdiction over this Action to consider all further matters arising out of or connected with the Settlement. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/30/2023) (jca)
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| Case Stayed (jca) |
| Set/Reset Hearings: Status Conference set for 4/23/2024 at 10:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. (jca) |
| Filing 33 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #8 MOTION to Approve PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT (Unopposed). . Document filed by Nickole Gonzalez, Erin Spencer. (Attachments: #1 Exhibit 1 - Declaration of Erin J. Ruben, #2 Exhibit 2 - Revised Proposed Notice Documents).(Ruben, Erin) |
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Filing 32
ORDER granting #31 Letter Motion for Extension of Time to Answer re #31 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Jennifer L. Rochon from Marc A. Marinaccio dated October 23, 2023., #1 Complaint. The requested extension of the deadline to respond to the Complaint is GRANTED. Plaintiff shall answer, move against, or otherwise respond to the Complaint by January 2, 2024. SO ORDERED. (Knix San Diego UTC, LLC answer due 1/2/2024; Knix Wear California LLC answer due 1/2/2024; Knix Wear LLC answer due 1/2/2024; Knix Wear US, Inc. answer due 1/2/2024; Knix Wear, Inc. answer due 1/2/2024.) (Signed by Judge Jennifer L. Rochon on 10/23/23) (yv)
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| Filing 31 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Jennifer L. Rochon from Marc A. Marinaccio dated October 23, 2023. Document filed by Knix San Diego UTC, LLC, Knix Wear California LLC, Knix Wear LLC, Knix Wear US, Inc., Knix Wear, Inc...(Marinaccio, Marc) |
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Filing 30
ORDER. The parties may file supplemental materials -- as discussed during today's conference -- in support of the motion for preliminary approval of the class action settlement no later than October 26, 2023. (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (aba)
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| Filing 29 LETTER addressed to Judge Jennifer L. Rochon from Marc A. Marinaccio dated October 10, 2023 re: Transmittal of Electronic Devices General Purposes Form. Document filed by Knix San Diego UTC, LLC, Knix Wear California LLC, Knix Wear LLC, Knix Wear US, Inc., Knix Wear, Inc.. (Attachments: #1 Proposed Order Electronic Devices General Purpose Form).(Marinaccio, Marc) |
| Filing 28 LETTER addressed to Judge Jennifer L. Rochon from John Hunter Bryson dated October 10, 2023 re: Electronic Devices General Purposes Form. Document filed by Nickole Gonzalez, Erin Spencer. (Attachments: #1 Supplement Electronic Devices General Purposes Form).(Bryson, John) |
| Filing 27 LETTER addressed to Judge Jennifer L. Rochon from Erin J. Ruben dated October 10, 2023 re: Electronic Devices General Purposes Form. Document filed by Nickole Gonzalez, Erin Spencer. (Attachments: #1 Supplement Electronic Devices General Purposes Form).(Ruben, Erin) |
| ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Erin Ruben re: Document #26 Proposed Order, was rejected by the Clerk's Office for the following reason, the Order to Bring Personal Electronic Device(s) or General Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions.. (tp) |
| Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Nickole Gonzalez, Erin Spencer..(Ruben, Erin) Proposed Order to be reviewed by Clerk's Office staff. Modified on 10/10/2023 (tp). |
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Filing 25
ORDER ON MOTION FOR ADMISSION PRO HAC VICE granting #22 MOTION for Lauren S. Colton to Appear Pro Hac Vice. The motion of Lauren S. Colton for admission to practice pro hac vice in the above-captioned action is granted.. (Signed by Judge Jennifer L. Rochon on 10/6/2023) (jca)
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Filing 24
ORDER ON MOTION FOR ADMISSION PRO HAC VICE granting #21 MOTION for Marc A. Marinaccio to Appear Pro Hac Vice. The motion of Marc A. Marinaccio for admission to practice pro hac vice in the above-captioned action is granted.. (Signed by Judge Jennifer L. Rochon on 10/6/2023) (jca)
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Filing 23
ORDER granting #19 Motion for Harper T. Segui to Appear Pro Hac Vice. (Signed by Judge Jennifer L. Rochon on 10/5/2023) (rro)
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| Filing 22 MOTION for Lauren S. Colton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28385091. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Knix San Diego UTC, LLC, Knix Wear California LLC, Knix Wear LLC, Knix Wear US, Inc., Knix Wear, Inc.. (Attachments: #1 Affidavit of Lauren S. Colton, #2 Exhibit - Certificate of Good Standing - Maryland, #3 Proposed Order for Admission Pro Hac Vice).(Colton, Lauren) |
| Filing 21 MOTION for Marc A. Marinaccio to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28384957. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Knix San Diego UTC, LLC, Knix Wear California LLC, Knix Wear LLC, Knix Wear US, Inc., Knix Wear, Inc.. (Attachments: #1 Affidavit of Marc A. Marinaccio, #2 Exhibit A - Certificate of Good Standing - Maryland, #3 Exhibit B - Certificate of Good Standing - Colorado, #4 Proposed Order for Admission Pro Hac Vice).(Marinaccio, Marc) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Lauren S. Colton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28385091. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Marc A. Marinaccio to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28384957. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
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Filing 20
ORDER granting #16 MOTION for Erin J. Ruben to Appear Pro Hac Vice. The motion of Erin Ruben for admission to practice Pro Hac Vice in the above-captioned action is GRANTED.. (Signed by Judge Jennifer L. Rochon on 10/4/2023) (jca)
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| Filing 19 MOTION for Harper T. Segui to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28378164. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nickole Gonzalez, Erin Spencer. (Attachments: #1 Affidavit Affidavit of Harper T. Segui, #2 Supplement Certificates of Good Standing, #3 Proposed Order Proposed Order Granting Pro Hac Vice).(Segui, Harper) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Harper T. Segui to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28378164. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Knix Wear, Inc., Corporate Parent Knix Wear US, Inc., Corporate Parent Essity AB for Knix San Diego UTC, LLC, Knix Wear California LLC, Knix Wear LLC; Corporate Parent Knix Wear, Inc., Corporate Parent Essity AB for Knix Wear US, Inc.; Corporate Parent Essity AB for Knix Wear, Inc.. Document filed by Knix San Diego UTC, LLC, Knix Wear California LLC, Knix Wear LLC, Knix Wear US, Inc., Knix Wear, Inc.. (Attachments: #1 Exhibit A - Part I, #2 Exhibit B - Part II).(Van Tol, Pieter) |
| Filing 17 NOTICE OF APPEARANCE by Pieter H.B. Van Tol, III on behalf of Knix San Diego UTC, LLC, Knix Wear California LLC, Knix Wear LLC, Knix Wear US, Inc., Knix Wear, Inc...(Van Tol, Pieter) |
| Filing 16 MOTION for Erin J. Ruben to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28371194. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nickole Gonzalez, Erin Spencer. (Attachments: #1 Affidavit Affidavit of Erin J. Ruben, #2 Supplement Certificates of Good Standing, #3 Proposed Order Proposed Order Granting Pro Hac Vice).(Ruben, Erin) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Erin J. Ruben to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28371194. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
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Filing 15
ORDER granting #14 Motion to Appear Pro Hac Vice. The motion of J. Hunter Bryson for admission to practice Pro Hac Vice in the above-captioned action is GRANTED.. (Signed by Judge Jennifer L. Rochon on 10/2/2023) (jca)
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| Filing 14 MOTION for John Hunter Bryson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nickole Gonzalez, Erin Spencer. (Attachments: #1 Affidavit Affidavit of J. Hunter Bryson, #2 Supplement Certificate of Good Standing, #3 Proposed Order Proposed Order Granting Pro Hac Vice).(Bryson, John) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for John Hunter Bryson to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for John Hunter Bryson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28340742. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nickole Gonzalez, Erin Spencer. (Attachments: #1 Affidavit Affidavit of J. Hunter Bryson, #2 Supplement Certificate of Good Standing, #3 Proposed Order Proposed Order Granting Pro Hac Vice).(Bryson, John) Modified on 9/26/2023 (dsh). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #13 MOTION for John Hunter Bryson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28340742. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Affidavit needs a notary stamp.;. 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.. (dsh) |
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Filing 12
ORDER granting #11 MOTION for Rachel Soffin to Appear Pro Hac Vice. The motion of Rachel L. Soffin for admission to practice Pro Hac Vice in the above-captioned action is GRANTED. (Signed by Judge Jennifer L. Rochon on 9/22/2023) (jca)
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| Filing 11 MOTION for Rachel Soffin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28322004. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nickole Gonzalez, Erin Spencer. (Attachments: #1 Affidavit Affidavit of Rachel Soffin, #2 Supplement Certificates of Good Standing, #3 Proposed Order Granting Pro Hac Vice).(Soffin, Rachel) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Rachel Soffin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28322004. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
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Filing 10
ORDER The Court is in receipt of a motion from Plaintiffs, which they identify as unopposed, seeking preliminary approval of the parties settlement agreement. ECF No. 8. Defendants have not yet appeared in this action. Nevertheless, in light of Plaintiffs' representation that their motion is unopposed, the Court will hold a conference to discuss the settlement agreement, its preliminary approval, and next steps in this litigation, on October 12, 2023 at 11:00 a.m. in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse. Plaintiffs are directed to serve a copy of this Order on Defendants forthwith. SO ORDERED. (Status Conference set for 10/12/2023 at 11:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 9/19/2023) (jca)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mitchell Mark Breit. The following case opening statistical information was erroneously selected/entered: Dollar Demand $5,000,001,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 5,000,000. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mitchell Mark Breit. The party information for the following party/parties has been modified: Erin Spencer, Nickole Gonzalez. 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 Jennifer L. Rochon. 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..(vf) |
| Magistrate Judge Sarah Netburn 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION to Approve PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT (Unopposed). . Document filed by Nickole Gonzalez, Erin Spencer. (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Exhibit A-G to Exhibit 1, #3 Exhibit 2 - Joint Declaration of Proposed Class Counsel).(Breit, Mitchell) |
| Filing 8 MOTION to Approve PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT (Unopposed). Document filed by Nickole Gonzalez, Erin Spencer. (Attachments: #1 Proposed Order GRANTING UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT).(Breit, Mitchell) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Knix Wear California LLC waiver sent on 9/1/2023, answer due 10/31/2023. Document filed by Erin Spencer; Nickole Gonzalez..(Breit, Mitchell) |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Knix Wear LLC waiver sent on 9/1/2023, answer due 10/31/2023. Document filed by Erin Spencer; Nickole Gonzalez..(Breit, Mitchell) |
| Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. Knix San Diego UTC, LLC waiver sent on 9/1/2023, answer due 10/31/2023. Document filed by Erin Spencer; Nickole Gonzalez..(Breit, Mitchell) |
| Filing 4 WAIVER OF SERVICE RETURNED EXECUTED. Knix Wear US, Inc. waiver sent on 9/1/2023, answer due 10/31/2023. Document filed by Erin Spencer; Nickole Gonzalez..(Breit, Mitchell) |
| Filing 3 WAIVER OF SERVICE RETURNED EXECUTED. Knix Wear, Inc. waiver sent on 9/1/2023, answer due 10/31/2023. Document filed by Erin Spencer; Nickole Gonzalez..(Breit, Mitchell) |
| Filing 2 CIVIL COVER SHEET filed..(Breit, Mitchell) |
| Filing 1 COMPLAINT against Knix San Diego UTC, LLC, Knix Wear California LLC, Knix Wear LLC, Knix Wear US, Inc., Knix Wear, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28233641)Document filed by Erin Spencer, Nickole Gonzalez..(Breit, Mitchell) |
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