Vera v. Prime Hydration LLC
| Lara Vera and Jemirria Thompson |
| Prime Hydration LLC |
| 1:2024cv02657 |
| April 8, 2024 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Other Fraud |
| 28 U.S.C. § 1332 fr Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 24, 2024. A more recent docket listing may be available from PACER.
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Filing 17
ORDER granting #14 Letter Motion for Leave to File Document; granting #14 Letter Motion for Conference re: #14 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Katherine Polk Failla from Stephen L. Saxl dated May 20, 2024. LETTER MOTION for Conference Pre-Motion, in alternative addressed to Judge Katherine Polk Failla from Stephen L. Saxl dated May 20, 2024. The Court is in receipt of Defendant's pre-motion letter requesting permission to file a motion to dismiss Plaintiffs' Amended Class Action Complaint (Dkt. #12) for failure to state a claim under Fed. R. Civ. P. 12(b)(6) and failure to plead with particularity under Fed. R. Civ. P. 9(b) (Dkt. #14), as well as Plaintiffs' above response (Dkt. #16), indicating Plaintiffs' non-opposition to Defendant's right to file a motion to dismiss. In view of the unique circumstances of this case, as outlined in Defendant's letter request, the Court will waive its pre-motion conference requirement in this instance and permit the parties to proceed directly to motion practice. Accordingly, Defendant is hereby ORDERED to file its motion to dismiss on or before June 21, 2024. Plaintiffs shall file any opposition on or before July 19, 2024, and Defendant shall file any further reply on or before August 9, 2024. Further, the initial pretrial conference currently scheduled for June 21, 2024, is hereby ADJOURNED sine die, pending the Court's determination of Defendant's motion to dismiss. The Clerk of Court is directed to terminate the pending motion at docket entry 14. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/24/2024) (ks)
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| Set/Reset Deadlines: Motions due by 6/21/2024. Responses due by 7/19/2024 Replies due by 8/9/2024. (ks) |
| Filing 16 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Russell M. Busch dated May 23, 2024 re: #14 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Katherine Polk Failla from Stephen L. Saxl dated May 20, 2024. LETTER MOTION for Conference Pre-Motion, in alternative addressed to Judge Katherine Polk Failla from Stephen L. Saxl dated May 20, 2024. . Document filed by Jemirria Thompson, Lara Vera..(Busch, Russell) |
| Filing 15 NOTICE OF APPEARANCE by Russell Busch on behalf of Jemirria Thompson, Lara Vera..(Busch, Russell) |
| Filing 14 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Katherine Polk Failla from Stephen L. Saxl dated May 20, 2024., LETTER MOTION for Conference Pre-Motion, in alternative addressed to Judge Katherine Polk Failla from Stephen L. Saxl dated May 20, 2024. Document filed by Prime Hydration LLC..(Saxl, Stephen) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Drink Prime Holding Company LLC for Prime Hydration LLC. Document filed by Prime Hydration LLC..(Saxl, Stephen) |
| Filing 12 AMENDED COMPLAINT amending #10 Amended Complaint, against Prime Hydration LLC with JURY DEMAND.Document filed by Lara Vera, Jemirria Thompson. Related document: #10 Amended Complaint,..(Barney, Mason) |
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Filing 11
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on June 21, 2024, at 11:30 a.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Initial Conference set for 6/21/2024 at 11:30 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 5/7/2024) (rro)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mason Adams Barney to RE-FILE Document No. #10 Amended Complaint. The filing is deficient for the following reason(s): Signature Error. Pleading is not signed by an ECF Filing Attorney of Record. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - AMENDED COMPLAINT amending #1 Complaint against Prime Hydration LLC with JURY DEMAND.Document filed by Lara Vera, Jemirria Thompson. Related document: #1 Complaint..(Barney, Mason) Modified on 5/7/2024 (vf). |
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Filing 9
ORDER granting #8 Letter Motion to Consolidate Cases. Application GRANTED. This case has been transferred to the undersigned. The Clerk of Court is directed to terminate the pending motion at docket entry 8. (Signed by Judge Katherine Polk Failla on 4/30/2024) (rro)
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| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Lewis J. Liman is no longer assigned to the case. (vba) |
| Filing 8 LETTER MOTION to Consolidate Cases 23-cv-08552-KPF addressed to Judge Lewis J. Liman from Stephen L. Saxl dated April 25, 2024. Document filed by Prime Hydration LLC..(Saxl, Stephen) |
| Filing 7 NOTICE OF APPEARANCE by Stephen L. Saxl on behalf of Prime Hydration LLC..(Saxl, Stephen) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. Prime Hydration LLC served on 4/19/2024, answer due 5/10/2024. Service was accepted by Amy Warforf who as Clerk at CT Corporation System is authorized by appointment or by law to receive service of process for Prime Hydration LLC. Document filed by Lara Vera..(Barney, Mason) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Prime Hydration LLC..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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..(pc) |
| Magistrate Judge Valerie Figueredo 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lara Vera..(Barney, Mason) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Defendant Prime Hydration LLC, re: #1 Complaint. Document filed by Lara Vera..(Barney, Mason) |
| Filing 2 CIVIL COVER SHEET filed..(Barney, Mason) |
| Filing 1 COMPLAINT against Prime Hydration LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-29190249)Document filed by Lara Vera..(Barney, Mason) |
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