Spencer v. Nurture, Inc.
| Erin Spencer |
| Nurture, Inc. |
| Shannon Fitzgerald, Nicole Stewart and Summer Apicella |
| 1:2021cv06861 |
| August 13, 2021 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Contract Product Liability |
| 28 U.S.C. § 1332 t |
| None |
Docket Report
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| Filing 14 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/27/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:21-cv-01217-MKV et al..(Moya, Goretti) |
| Filing 13 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/27/2021 before Judge Mary Kay Vyskocil. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/25/2021. Redacted Transcript Deadline set for 11/4/2021. Release of Transcript Restriction set for 1/2/2022.Filed In Associated Cases: 1:21-cv-01217-MKV et al..(Moya, Goretti) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. Nurture, Inc. waiver sent on 8/25/2021, answer due 10/25/2021. Document filed by Erin Spencer..(Wilson, Karen) |
Filing 11
ORDER granting (13) Motion to Consolidate Cases 1:21-cv-1217 (as Lead Case) with 1:21-cv-1271,1:21-cv-1473,1:21-cv-1534,1:21-cv-1882,1:21-cv-2101,1:21-cv-2129,1:21-cv-2553, 1:21-cv-3499,1:21-cv-4997,1:21-cv-5344,1:21-cv-5748,1:21-cv-6632,1:21-cv-6678,1:21-cv-6861, 1:21-cv-6918 in case 1:21-cv-01217-MKV; granting (6) Motion to Consolidate Cases 1:21-cv-1217 (as Lead Case) with 1:21-cv-1271,1:21-cv-1473,1:21-cv-1534,1:21-cv-1882,1:21-cv-2101,1:21-cv-2129,1:21-cv-2553, 1:21-cv-3499,1:21-cv-4997,1:21-cv-5344,1:21-cv-5748,1:21-cv-6632,1:21-cv-6678,1:21-cv-6861, 1:21-cv-6918 in case 1:21-cv-01271-MKV; granting (17) Motion to Consolidate Cases 1:21-cv-1217 (as Lead Case) with 1:21-cv-1271,1:21-cv-1473,1:21-cv-1534,1:21-cv-1882,1:21-cv-2101,1:21-cv-2129,1:21-cv-2553, 1:21-cv-3499,1:21-cv-4997,1:21-cv-5344,1:21-cv-5748,1:21-cv-6632,1:21-cv-6678,1:21-cv-6861, 1:21-cv-6918 in case 1:21-cv-01473-MKV; granting (19) Motion to Consolidate Cases 1:21-cv-1217 (as Lead Case) with 1:21-cv-1271,1:21-cv-1473,1:21-cv-1534,1:21-cv-1882,1:21-cv-2101,1:21-cv-2129,1:21-cv-2553, 1:21-cv-3499,1:21-cv-4997,1:21-cv-5344,1:21-cv-5748,1:21-cv-6632,1:21-cv-6678,1:21-cv-6861, 1:21-cv-6918 in case 1:21-cv-01534-MKV; granting (15) Motion to Consolidate Cases 1:21-cv-1217 (as Lead Case) with 1:21-cv-1271,1:21-cv-1473,1:21-cv-1534,1:21-cv-1882,1:21-cv-2101,1:21-cv-2129,1:21-cv-2553, 1:21-cv-3499,1:21-cv-4997,1:21-cv-5344,1:21-cv-5748,1:21-cv-6632,1:21-cv-6678,1:21-cv-6861, 1:21-cv-6918 in case 1:21-cv-01882-MKV. IT IS HEREBY ORDERED THAT: Other than as described in paragraph two (2) below, the sixteen (16) above referenced actions, only to the extent they name Nurture as the sole baby food manufacturer defendant, are hereby consolidated before the Honorable Mary Kay Vyskocil and shall hereafter be identified as: In re Nurture Baby Food Litigation, Master File No. 1:21-cv-01217-MKV (the "Consolidated Actions"). Every pleading in In re Nurture Baby Food Litigation, Master File No. 1:21-cv-01217-MKV, shall bear the following caption. The deadline for the filing of any motions in the Consolidated Actions seeking interim lead counsel appointment pursuant to Fed. R. Civ. P. 23(g) is September 28, 2021. Omnibus papers in response to the Fed. R. Civ. P. 23(g) motions shall be filed on or before October 19, 2021. The deadline for the filing of any reply briefs is October 26, 2021. Absent further Order of the Court, the deadline for the filing of a consolidated complaint in the Consolidated Actions is sixty (60) days following the entry of an order under Fed. R. Civ. P. 23(g). The deadline for the filing of Defendant's response to the consolidated complaint is forty-five (45) days after the filing of the consolidated complaint. The Court GRANTS Defendant leave to file a motion to dismiss the consolidated complaint and waives the requirement in the Court's Individual Practice Rules that Defendant file a letter requesting a pre-motion conference. Should Defendant move to dismiss the consolidated complaint, the deadline for the filing of Plaintiffs' papers in opposition is forty-five (45) days following the filing of the motion to dismiss. Defendant's reply papers shall be filed twenty-one (21) days after the filing of Plaintiffs' opposition papers. The parties shall consult the Court's Individual Practice Rules and ensure compliance therewith. Failure to comply with the deadlines or other terms of this Order may result in sanctions, including preclusion or dismissal of claims or defenses. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/30/2021) Filed In Associated Cases: 1:21-cv-01217-MKV et al. (rj)
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| Set/Reset Deadlines: Motions due by 9/28/2021. Responses due by 10/19/2021 Replies due by 10/26/2021. Associated Cases: 1:21-cv-01217-MKV et al.(rj) |
| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-01217-MKV.. (rj) |
| Filing 10 NOTICE of Filing [Proposed] Consolidation Order in further support of their motion to consolidate related actions pending in this District against Nurture, Inc. (including this action), on the Stewart docket. Document filed by Shannon Fitzgerald, Nicole Stewart, Summer Apicella..(Feldman, Lori) |
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Filing 9
SCHEDULING ORDER: This action was referred to me as related to Stewart v. Nurture, Inc., 21-cv-1217-MKV, to which thirteen other open cases in this District have been designated as related. [ECF No. 8.] The Court directs counsel for all parties to appear at the upcoming conference in those cases scheduled for August 27, 2021, at 11:00 AM. The conference will be held by videoconference on Microsoft Teams. Counsel will receive a link via e-mail and shall appear by video. Members of the public and press may access the conference via telephone by dialing 1-917-933-2166 and using conference ID 231 409 366 #. The parties should be prepared to discuss the pending motion to consolidate, the proposed order on consolidation, including the deadlines proposed therein, and all other scheduling and pretrial matters. SO ORDERED., Telephone Conference set for 8/27/2021 at 11:00 AM before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 8/25/2021) (rj)
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| NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Philip M. Halpern is no longer assigned to the case..(wb) |
| Magistrate Judge Debra C. Freeman is so redesignated. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-01217-MKV. Notice of Assignment to follow. (wb) |
| Filing 8 RELATED CASE AFFIDAVIT of Karen Wilson-Robinson re: that this action be filed as related to 1:21-cv-01217-MKV. Document filed by Erin Spencer..(Wilson, Karen) |
| Filing 7 CIVIL COVER SHEET filed..(Wilson, Karen) |
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Filing 6
ORDER FOR ADMISSION PRO HAC VICE granting #5 Motion for Gayle Meryl Blatt to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 8/24/2021) (tg)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Gayle Meryl Blatt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24965757. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 5 MOTION for Gayle Meryl Blatt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24965757. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Erin Spencer. (Attachments: #1 Affidavit Blatt Declaration, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Wilson, Karen) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Nurture, Inc.. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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..(sj) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) |
| Case Designated ECF. (sj) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Nurture, Inc.,, re: #1 Complaint. Document filed by Erin Spencer..(Wilson, Karen) |
| Filing 2 CIVIL COVER SHEET filed..(Wilson, Karen) |
| Filing 1 COMPLAINT against Nurture, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24933834)Document filed by Erin Spencer. (Attachments: #1 Exhibit CLRA Letter, #2 Exhibit CLRA Affidavit).(Wilson, Karen) |
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