Cicciarella v. Califia Farms, LLC
| Michelle Ann Cicciarella and Tanasha Rietdyk |
| Califia Farms, LLC |
| 7:2019cv08785 |
| September 22, 2019 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Other Fraud |
| 28 U.S.C. § 1332 fr |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 17, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 22
ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT, APPROVAL OF FORM OF CLASS NOTICE, AND SCHEDULING OF FINAL APPROVAL HEARING: THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED as follows: Stay of the Action. All non-settlement-related proceedings in the Action are hereby stayed and suspended until further order of the Court. Class Representatives and Class Counsel. The Court appoints Michael R. Reese of Reese LLP and Spencer Sheehan of Sheehan & Associates, P.C. as Class Counsel for the Settlement Class. Michelle Ann Cicciarella, Tanasha Rietdyk, Daniel Mitchell, Adriana Pena, Kayla Villanueva, and Kristen Landeros are hereby appointed as the Class Representatives. Accordingly, the Settlement Agreement is sufficient to warrant sending notice to the Settlement Class. Final Approval Hearing. A Final Approval Hearing shall be held on July 9, 2020 at 10:00 a.m. at the United States District Court for the Southern District Court of New York in Courtroom 621 at 300 Quarropas Street, White Plains, New York, as set forth herein. Administration and Class Notice. a. The Court accepts the recommendations of Class Counsel and Defendant, and hereby appoints KCC, LLC to serve as Settlement Administrator in accordance with the terms of the Settlement Agreement, and to help implement the terms of the Settlement Agreement. Continuance of Hearing. The Court reserves the right to adjourn or continue the Final Approval Hearing without further written notice. The Court sets the following schedule for the Final Approval Hearing and the actionswhich must precede it: Plaintiffs shall file their Motion for Final Approval of the Settlement by no later than May 28, 2020. Plaintiffs shall file their Motion for Attorneys' Fees, Costs, and Expenses, and Motion for Incentive Awards by no later than May 28, 2020. Settlement Class Members must file any objections to the Settlement and the Motion for Attorneys' Fees, Costs, and Expenses, and the Motion for Incentive Award by no later than June 11, 2020. Settlement Class Members must exclude themselves, or opt-out, from the Settlement by no later than June 11, 2020. Settlement Class Members who intend to appear at the Final Approval Hearing must file a Notice of Intention to Appear at the Final Approval Hearing by no later than June 18, 2020. The Settlement Administrator shall file a declaration or affidavit with the Court that confirms the implementation of the Notice Plan pursuant to the Preliminary Approval Order by no later than June 25, 2020. Class Counsel and Defendant's Counsel shall have the right to respond to any objection by no later than July 2, 2020. The Final Approval Hearing will take place on July 9, 2020 at 10:00 a.m. at the United States District Court for the Eastern District Court of New York in Courtroom 621 at 300 Quarropas Street, White Plains, New York. And as set forth herein. SO ORDERED., ( Motions due by 5/28/2020., Responses due by 7/2/2020, Fairness Hearing set for 7/9/2020 at 10:00 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 3/20/2020) (ama)
|
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #21 Proposed Order was reviewed and approved as to form. (km) |
| Filing 21 PROPOSED ORDER. Document filed by Michelle Ann Cicciarella..(Reese, Michael) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 20 LETTER addressed to Judge Cathy Seibel from Michael Reese dated March 19, 2020 re: Preliminary Approval of Class Settlement. Document filed by Michelle Ann Cicciarella. (Attachments: #1 Exhibit A - Supplemental Declaration of Carla A. Peak, #2 Exhibit B - Proposed Preliminary Approval Order).(Reese, Michael) |
| Minute Entry for proceedings held before Judge Cathy Seibel: Bench Ruling held on 3/5/2020 re: #13 MOTION for Settlement filed by Michelle Ann Cicciarella, Tanasha Rietdyk, #8 CONSENT MOTION for Settlement MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT TO ALLOW FOR DISSEMINATION OF NOTICE filed by Michelle Ann Cicciarella, Tanasha Rietdyk. The Court directs the Plaintiff to submit a follow-up letter regarding the percentage of class reached and a new proposed Order by March 19, 2020. The Court will hold a Fairness hearing on July 9, 2020 at 10:00 a.m. to make a determination as to the final approval of the proposed class settlement. See transcript. (Fairness Hearing set for 7/9/2020 at 10:00 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel). (Court Reporter Sue Ghorayeb) (wc) |
| Filing 19 NOTICE RE: CHANGE OF TIME OF CONFERENCE: The Bench Ruling on the pending motion(s) previously scheduled before this Court for March 5, 2020 at 11:00 a.m. will be held at 10:15 a.m. (same date) at the United States District Courthouse, 300 Quarropas Street, White Plains, New York 10601 in Courtroom 621. (Status Conference set for 3/5/2020 at 10:15 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel.) (rro) |
|
Filing 18
ORDER granting #17 Motion for David Taro Biderman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
|
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for David Taro Biderman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18812720. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 17 MOTION for David Taro Biderman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18812720. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Califia Farms, LLC. (Attachments: #1 Affidavit of David T. Biderman in Support of Motion to Appear Pro Hac Vice, #2 Certificate of Good Standing, #3 Proposed Order).(Biderman, David) |
| Filing 16 NOTICE OF COURT CONFERENCE: A Bench ruling on the pending motion(s) is scheduled for March 5, 2020 at 11:00 a.m. before the Honorable Cathy Seibel at the Charles L. Brieant United States District Courthouse, 300 Quarropas Street, White Plains, New York 10601 in Courtroom 621. Status Conference set for 3/5/2020 at 11:00 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. (mml) |
| Filing 15 PROPOSED ORDER. Document filed by Michelle Ann Cicciarella, Tanasha Rietdyk. Related Document Number: [ECF No. 13]. (Reese, Michael) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION for Settlement . . Document filed by Michelle Ann Cicciarella, Tanasha Rietdyk. (Attachments: #1 Affidavit Declaration of Michael R. Reese with Exhibits, #2 Affidavit of Carla Peak)(Reese, Michael) |
| Filing 13 MOTION for Settlement . Document filed by Michelle Ann Cicciarella, Tanasha Rietdyk.(Reese, Michael) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #15 Proposed Order was reviewed and approved as to form. (km) |
| Filing 12 LETTER addressed to Judge Cathy Seibel from Michael R. Reese dated December 10, 2019 re: Revised Motion for Preliminary Approval of Class Settlement. Document filed by Michelle Ann Cicciarella.(Reese, Michael) |
| Filing 11 NOTICE OF APPEARANCE by Dennis Cecil Hopkins on behalf of Califia Farms, LLC. (Hopkins, Dennis) |
| Filing 10 PROPOSED ORDER. Document filed by Michelle Ann Cicciarella, Tanasha Rietdyk. Related Document Number: [ECF No. 8]. (Reese, Michael) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 9 MEMORANDUM OF LAW in Support re: #8 CONSENT MOTION for Settlement MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT TO ALLOW FOR DISSEMINATION OF NOTICE. . Document filed by Michelle Ann Cicciarella, Tanasha Rietdyk. (Attachments: #1 Affidavit Declaration of Michael R. Reese, #2 Exhibit Reese Declaration Exhibit 1 (Class Action Settlement Agreement), #3 Exhibit Reese Declaration Exhibit 2 (Reese LLP firm resume), #4 Exhibit Reese Declaration Exhibit 3 (Sheehan & Associates, P.C. firm resume), #5 Affidavit Declaration of Carla A. Peak)(Reese, Michael) |
| Filing 8 CONSENT MOTION for Settlement MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT TO ALLOW FOR DISSEMINATION OF NOTICE. Document filed by Michelle Ann Cicciarella, Tanasha Rietdyk.(Reese, Michael) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #10 Proposed Order was reviewed and approved as to form. (km) |
| Filing 7 AMENDED COMPLAINT amending #1 Complaint against Califia Farms, LLC with JURY DEMAND.Document filed by Michelle Ann Cicciarella, Tanasha Rietdyk. Related document: #1 Complaint.(Reese, Michael) |
|
Filing 6
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Cathy Seibel on 11/26/2019) (mml)
|
| Filing 5 PROPOSED PROTECTIVE ORDER. Document filed by Califia Farms, LLC. (Hopkins, Dennis) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Califia Farms, LLC. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (dnh) |
| Magistrate Judge Paul E. Davison 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: #http://nysd.uscourts.gov/forms.php. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Califia Farms, LLC, re: #1 Complaint. Document filed by Michelle Ann Cicciarella. (Sheehan, Spencer) |
| Filing 2 CIVIL COVER SHEET filed. (Sheehan, Spencer) |
| Filing 1 COMPLAINT against Califia Farms, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-17640471)Document filed by Michelle Ann Cicciarella.(Sheehan, Spencer) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
