Cash v. Second Bite Foods, Inc.
| Kwame Cash |
| John Doe Corporations 1-5 |
| Daily Harvest, Inc., Second Bite Foods, Inc. and Smirks, Ltd. |
| Jamita Swearengen |
| 1:2024cv00543 |
| January 25, 2024 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Denise L Cote |
| P.I.: Other |
| 28 U.S.C. § 1332 pi Diversity-Personal Injury |
| Both |
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This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.
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Filing 40
ORDER granting #32 Motion to Compel Arbitration. It is hereby ORDERED that Daily Harvest's motion to compel arbitration is granted. IT IS FURTHER ORDERED that where defendant Daily Harvest has a right to arbitration as described in the Opinion of November 10, 2022 issued in Peni v. Daily Harvest, Inc., 22cv5443 (DLC), 2022 WL 16849451, but where (1) plaintiff has sued co-defendants who do not have a right to arbitration and whose cases will proceed before this Court, and (2) those co defendants have impleaded Daily Harvest, the following procedures shall apply, AS FURTHER SET FORTH IN THIS ORDER. (Signed by Judge Denise L. Cote on 3/13/2024) (vfr)
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| Case Stayed (vfr) |
| Filing 39 RESPONSE to Motion re: #32 MOTION to Compel Arbitration . . Document filed by Kwame Cash..(King, Jr., James) |
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Filing 38
ORDER granting #37 Letter Motion for Extension of Time. Granted. (Signed by Judge Denise L. Cote on 2/26/2024) (tg)
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| Set/Reset Deadlines: Responses due by 3/5/2024 Replies due by 3/12/2024. (tg) |
| Filing 37 FIRST LETTER MOTION for Extension of Time to Respond to Motion to Compel Arbitration addressed to Judge Denise L. Cote from Attorney James E. King, Jr. dated 02/26/2024. Document filed by Kwame Cash..(King, Jr., James) |
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Filing 36
ORDER: On January 26, 2024, this case was accepted as related to Albright v. Daily Harvest, Inc., 22cv5987 ("Albright"). Albright and the other related cases in this litigation are currently governed by the following schedule (the "Schedule"): 1. Depositions in this litigation are paused until February 23, 2024, pending proceedings in front of Magistrate Judge Cave. 2. Depositions of defendants must occur by April 12, 2024. 3. Discovery of the plaintiffs of the first two bellwether cases, Teresa Beck v. Daily Harvest, et al. and Justin Albright on behalf of T.A. v. Daily Harvest, et al., including their independent medical examinations, shall occur by June 7, 2024. Any dispositive motion, including Daubert motions: Motion served by October 4, 2024, Opposition served by October 25, 2024, Reply served by November 8, 2024. It is hereby ORDERED that the above-captioned action shall be governed by the Schedule. If any different or additional scheduling is necessary in the above-captioned action, a party requesting such scheduling shall, by February 20, 2024, file a letter no longer than two (2) pages indicating their proposed schedule. Deposition due by 4/12/2024. Discovery due by 9/13/2024. Pretrial Order due by 10/4/2024. (Signed by Judge Denise L. Cote on 2/15/2024) (mml)
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Filing 35
ORDER: It is hereby ORDERED that the plaintiff shall file his opposition to the motion by February 26. Daily Harvest's reply, if any, must be filed by March 4. At the time any reply is served, the moving parties shall supply two courtesy copies of all motion papers to Chambers by mail or delivery to the United States Courthouse, 500 Pearl Street, New York, New York. Responses due by 2/26/2024 Replies due by 3/4/2024. (Signed by Judge Denise L. Cote on 2/15/2024) (mml)
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| Filing 34 DECLARATION of Ricky Silver in Support re: #32 MOTION to Compel Arbitration .. Document filed by Daily Harvest, Inc.. (Attachments: #1 Exhibit A - Terms and Conditions).(Rebensdorf, Alyssa) |
| Filing 33 MEMORANDUM OF LAW in Support re: #32 MOTION to Compel Arbitration . . Document filed by Daily Harvest, Inc...(Rebensdorf, Alyssa) |
| Filing 32 MOTION to Compel Arbitration . Document filed by Daily Harvest, Inc.. (Attachments: #1 Proposed Order to Compel Arbitration).(Rebensdorf, Alyssa) |
| Filing 31 ANSWER to Complaint with JURY DEMAND. Document filed by Daily Harvest, Inc...(Rebensdorf, Alyssa) |
| Filing 30 ANSWER to Complaint with JURY DEMAND. Document filed by Daily Harvest, Inc...(Rebensdorf, Alyssa) |
| Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Daily Harvest, Inc...(Rebensdorf, Alyssa) |
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Filing 28
ORDER granting #27 Motion for James Edward King, Jr. to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh)
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| Filing 27 MOTION for James Edward King, Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kwame Cash. (Attachments: #1 Affidavit in support of Motion to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice).(King, Jr., James) |
| Filing 26 FILING ERROR - PDF ERROR - PROPOSED ORDER. Document filed by Kwame Cash. Related Document Number: #25 ..(King, Jr., James) Proposed Order to be reviewed by Clerk's Office staff. Modified on 2/6/2024 (bc). |
| Filing 25 FILING ERROR - PDF ERROR - MOTION for James Edward King, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28910729. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kwame Cash. (Attachments: #1 Affidavit Attorney Affidavit for Motion to Appear Pro Hac, #2 Exhibit Certificate of Good Standing).(King, Jr., James) Modified on 2/6/2024 (bc). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #25 MOTION for James Edward King, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28910729. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Proposed Order - Must be attached together with your documents;. 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.. (bc) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for James Edward King, Jr. 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. (bc) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-05987-DLC. Notice of Assignment to follow. (tro) |
| NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Valerie E. Caproni is no longer assigned to the case. (tro) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah L. Cave to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (tro) |
| Filing 24 CASE TRANSFERRED IN from the United States District Court - District of Tennessee Western; Case Number: 2:23-cv-02674. Original file certified copy of transfer order and docket entries received. |
| 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) |
| Case Designated ECF. (vba) |
| Magistrate Judge Jennifer Willis is designated to handle matters that may be referred in this case. 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 OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Valerie E. Caproni. 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) |
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Filing 23
ORDER GRANTING #18 MOTION TO TRANSFER VENUE, DENYING #22 MOTION TO STAY AS MOOT, AND DIRECTING CLERK TO CLOSE MATTER UPON TRANSFER. Signed by Judge Mark S. Norris on 1/17/2024. (Norris, Mark) [Transferred from Tennessee Western on 1/25/2024.]
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| Filing 22 Joint MOTION to Stay by all Parties by Daily Harvest, Inc.. (Watson, Cameron) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 21 NOTICE of Appearance by Cameron M. Watson on behalf of Daily Harvest, Inc. (Watson, Cameron) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 20 SETTING LETTER: Scheduling Conference RESET to Friday, 03/01/2024 at 11:00 AM before Judge Mark S. Norris. (Reset from 01/26/24) The proceeding will be held via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. (zsf) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 19 ANSWER to #12 Answer to Complaint, Crossclaim by Smirks, Ltd..(Butler, John) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 18 MEMORANDUM in Support re #17 MOTION to Change Venue Proposed Order Submitted filed by Smirks, Ltd.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Butler, John) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 17 MOTION to Change Venue Proposed Order Submitted by Smirks, Ltd.. (Butler, John) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 16 Corporate Disclosure Statement by Smirks, Ltd. identifying Corporate Parent Smirks, Ltd. for Smirks, Ltd... (Butler, John) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 15 WAIVER OF SERVICE Returned Executed by Kwame Cash. Daily Harvest, Inc. waiver sent on 12/13/2023, answer due 2/12/2024. (King, Jr., James) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 14 REQUEST FOR WAIVER of Service sent to Daily Harvest, Inc. c/o Attorney Alyssa Rebensdorf on December 13, 2023 by Kwame Cash. (King, Jr., James) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 13 Stone Gate Foods' ANSWER to #10 Answer to Complaint, Crossclaim To Smirk's Cross-Claims by Second Bite Foods, Inc..(Durrett, Jamie) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 12 Stone Gate Foods' ANSWER to Complaint , CROSSCLAIM against Daily Harvest, Inc., Smirks, Ltd. by Second Bite Foods, Inc..(Durrett, Jamie) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 11 SETTING LETTER: Scheduling Conference set for Friday, 01/26/2024 at 11:00 AM i before Judge Mark S. Norris. The proceeding will be held via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. (zsf) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 10 Smirk's Ltd. ANSWER to Complaint , CROSSCLAIM against Daily Harvest, Inc., Second Bite Foods, Inc. by Smirks, Ltd..(Butler, John) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 9 NOTICE by Smirks, Ltd. re #1 Notice of Removal, (Attachments: #1 Exhibit)(Butler, John) [Transferred from Tennessee Western on 1/25/2024.] |
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Filing 8
[**TEXT ORDER ONLY - NO DOCUMENT ATTACHED**] ORDER GRANTING #7 MOTION FOR EXTENSION OF TIME FOR DEFENDANT TO RESPOND TO PLAINTIFF'S COMPLAINT. Defendant Second Bite Foods, Inc. ("Second Bite") moves for an extension of time to respond to Plaintiff's complaint. According to Second Bite, the parties have an upcoming settlement conference and want time to engage in settlement discussions prior to Second Bite responding to the complaint. Plaintiff does not oppose the extension. The Court finds the motion well-taken, and it is GRANTED. Defendant Second Bite shall have up to and including November 20, 2023 to answer or otherwise respond to the complaint. IT IS SO ORDERED. Signed by Judge Mark S. Norris on 10/30/2023. (Norris, Mark) [Transferred from Tennessee Western on 1/25/2024.]
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| Filing 7 MOTION for Extension of Time to File Answer Proposed Order Submitted by Second Bite Foods, Inc.. (Durrett, Jamie) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 6 NOTICE of Appearance by John W. Butler on behalf of Smirks, Ltd. (Butler, John) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 5 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (agj) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 4 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (agj) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 3 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (agj) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 2 Judge Mark S. Norris and Chief Magistrate Judge Tu M. Pham added. (agj) [Transferred from Tennessee Western on 1/25/2024.] |
| Filing 1 NOTICE OF REMOVAL by Second Bite Foods, Inc. from Shelby County Circuit Court, case number CT-2005-23 (Filing fee $ 402 receipt number ATNWDC-4264203), filed by Second Bite Foods (Attachments: #1 Exhibit Exhibit A-State Court Record, #2 Civil Cover Sheet)(Durrett, Jamie) [Transferred from Tennessee Western on 1/25/2024.] |
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