Jimenez v. Artsana USA, Inc.
| Amanda Jimenez, Hilda Michelle Murphree, Mashayila Sayers, Brittney Tinker, Kimberly Mullins and Jennifer Monachino |
| Artsana USA, Inc. |
| 7:2021cv07933 |
| September 23, 2021 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Other Fraud |
| 28 U.S.C. § 1332 fr Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 24, 2023. A more recent docket listing may be available from PACER.
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NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Victoria Reznik. Please note that this is a reassignment of the designation only. (vfr)
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Filing 55
ORDER FOR ADMISSION PRO HAC VICE granting #53 Motion to Appear Pro Hac Vice. The motion of Jonathan B. Cohen for admission to practice Pro Hae Vice in the above-captioned action is granted. As further set forth by this Order. (Signed by Judge Vincent L. Briccetti on 2/8/2023) (tg)
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Filing 54
NOTICE OF APPEARANCE by Andrea Lee Clisura on behalf of Amanda Jimenez, Jennifer Monachino, Kimberly Mullins, Hilda Michelle Murphree, Mashayila Sayers, Brittney Tinker..(Clisura, Andrea)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #53 MOTION for Jonathan Betten Cohen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27302472. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sac)
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Filing 53
MOTION for Jonathan Betten Cohen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27302472. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amanda Jimenez, Jennifer Monachino, Kimberly Mullins, Hilda Michelle Murphree, Mashayila Sayers, Brittney Tinker. (Attachments: #1 Affidavit of Jonathan B. Cohen in Support, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order to admit Jonathan B. Cohen Pro Hac Vice).(Cohen, Jonathan)
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Filing 52
AMENDED ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT: GOOD CAUSE APPEARING, IT IS HEREBY ORDERED AS FOLLOWS: All terms and definitions used in this Order have the same meanings as set forth in the settlement agreement. This Court finds that it has jurisdiction over the subject matter of this action and over all Parties to the Action. The settlement is hereby preliminarily approved as fair, reasonable, and adequate such that notice thereof should be given to members of the Settlement Class. Under Federal Rule of Civil Procedure 23(b)(3), the Settlement Class, as set forth in paragraph 9 of the Settlement Agreement and defined as follows, is preliminarily certified for the purpose of settlement only: and further set forth in this Order. (Signed by Judge Vincent L. Briccetti on 2/3/2023) (rro)
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Filing 51
PROPOSED ORDER. Document filed by Amanda Jimenez, Jennifer Monachino, Kimberly Mullins, Hilda Michelle Murphree, Mashayila Sayers, Brittney Tinker. Related Document Number: #50 ..(Vozzolo, Antonio) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 50
LETTER addressed to Judge Vincent L. Briccetti from Antonio Vozzolo dated February 3, 2023 re: Request for amendment to preliminary approval order. Document filed by Amanda Jimenez, Jennifer Monachino, Kimberly Mullins, Hilda Michelle Murphree, Mashayila Sayers, Brittney Tinker..(Vozzolo, Antonio)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #51 Proposed Order, was reviewed and approved as to form. (nd)
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Filing 49
ORDER FOR ADMISSION PRO HAC VICE: granting #48 Motion for Jeremy S. Smith to Appear Pro Hac Vice. (Signed by Judge Vincent L. Briccetti on 2/02/2023) (ama)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #48 MOTION for Jeremy S. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27283930. 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 48
MOTION for Jeremy S. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27283930. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Artsana USA, Inc.. (Attachments: #1 Affidavit of Jeremy S. Smith in Support, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order to admit Jeremy S. Smith Pro Hac Vice).(Smith, Jeremy)
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Filing 47
ORDER FOR ADMISSION PRO HAC VICE granting #46 Motion for Christopher Chorba to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 1/26/2023) (mml)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #46 MOTION for Christopher Chorba to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27246726. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
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Filing 46
MOTION for Christopher Chorba to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27246726. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Artsana USA, Inc.. (Attachments: #1 Affidavit of Christopher Chorba in Support, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order to admit Christopher Chorba Pro Hac Vice).(Chorba, Christopher)
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Filing 45
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT granting #40 Motion to Approve. GOOD CAUSE APPEARING, IT IS HEREBY ORDERED AS FOLLOWS: 1. All terms and definitions used in this Order have the same meanings as set forth in the settlement agreement. 2. This Court finds that it has jurisdiction over the subject matter of this action and over all Parties to the Action. Preliminary Certification of Settlement Class for Purpose of Settlement Only 3. The settlement is hereby preliminarily approved as fair, reasonable, and adequate such that notice thereof should be given to members of the Settlement Class. Under Federal Rule of Civil Procedure 23(b)(3), the Settlement Class, as set forth in paragraph 9 of the Settlement Agreement and defined as follows, is preliminarily certified for the purpose of settlement only, as further set forth. 14. The Final Hearing shall be held by the Court on 10/12/2023 beginning at 10:00a.m., to determine whether the requirements for certification of the Settlement Class have been met; whether the proposed settlement of the Action on the terms set forth in the settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class Members; whether Class Counsel's motion or application for Attorneys' Fees and Expenses and application for the Named Plaintiff Service Awards should be approved; and whether final judgment approving the settlement and dismissing the Action on the merits with prejudice against the Named Plaintiffs and all other Settlement Class Members should be entered, as further set forth. 16. By 8/28/2023, at least forty-five (45) days before the date noted in paragraph 14, Class Counsel shall file all papers in support of the application for the FinalApproval Order and Final Judgment, any Motion for Attorneys' Fees and/or Expenses and/or forNamed Plaintiff Service Awards, and/or any response to any valid and timely objections with theCourt, and shall serve copies of such papers upon Defense Counsel and upon any objectors who have complied with paragraphs 12 and 15 of this Order. All opposition papers shall be filed by 9/18/2023 and any reply papers shall be filed by 10/2/2023 as further set forth herein. IT IS SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/23/2023) (mml)
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Set/Reset Deadlines: Motions due by 8/28/2023., Responses due by 9/18/2023, Replies due by 10/2/2023. Set/Reset Hearings: Final Hearing set for 10/12/2023 at 10:00 AM before Judge Vincent L. Briccetti. (mml) Modified on 1/23/2023 (mml).
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Filing 44
EXHIBIT TO PLEADING re: #39 Amended Complaint,. Document filed by Amanda Jimenez..(Geer, Martha)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Martha Geer to RE-FILE Document No. #43 Exhibit to Pleading. The filing is deficient for the following reason(s) Signature Error. Signature of an ECF Filing Attorney of Record is not provided. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (vf)
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Filing 43
FILING ERROR - DEFICIENT - SIGNATURE ERROR - EXHIBIT TO PLEADING re: #39 Amended Complaint,. Document filed by Amanda Jimenez..(Geer, Martha) Modified on 1/19/2023 (vf).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Martha Geer re: Document No. #39 Amended Complaint. The filing is deficient for the following reason(s): Court's leave has not been granted; the order granting permission to file the pleading was not attached. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Martha Geer. The party information for the following party/parties has been modified: Amanda Jimenez, Hilda Michelle Murphree, Mashayila Sayers, Brittney Tinker, Kimberly Mullins, Jennifer Monachino. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf)
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Filing 42
DECLARATION of Martha A. Geer in Support re: #40 MOTION to Approve Preliminary Approval of Class Action Settlement .. Document filed by Amanda Jimenez, Jennifer Monachino, Kimberly Mullins, Hilda Michelle Murphree, Mashayila Sayers, Brittney Tinker. (Attachments: #1 Exhibit 1 - Class Action Settlement Agreement, #2 Exhibit 2 - Milberg Firm Resume, #3 Exhibit 3 - Bursor & Fisher Firm Resume, #4 Exhibit 4 - Vozzolo Firm Resume).(Leslie, Alec)
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Filing 41
MEMORANDUM OF LAW in Support re: #40 MOTION to Approve Preliminary Approval of Class Action Settlement . . Document filed by Amanda Jimenez, Jennifer Monachino, Kimberly Mullins, Hilda Michelle Murphree, Mashayila Sayers, Brittney Tinker..(Leslie, Alec)
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Filing 40
MOTION to Approve Preliminary Approval of Class Action Settlement . Document filed by Amanda Jimenez, Jennifer Monachino, Kimberly Mullins, Hilda Michelle Murphree, Mashayila Sayers, Brittney Tinker. (Attachments: #1 Text of Proposed Order Granting Preliminary Approval of Class Action Settlement).(Leslie, Alec)
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Filing 39
AMENDED COMPLAINT amending #1 Complaint against Artsana USA, Inc. with JURY DEMAND.Document filed by Amanda Jimenez, Hilda Michelle Murphree, Mashayila Sayers, Brittney Tinker, Kimberly Mullins, Jennifer Monachino. Related document: #1 Complaint..(Geer, Martha) Modified on 1/18/2023 (vf). Modified on 1/20/2023 (vf).
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Filing 38
NOTICE of Filing of Consolidated Amended Complaint. Document filed by Amanda Jimenez..(Geer, Martha)
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Filing 37
NOTICE OF APPEARANCE by Martha Geer on behalf of Amanda Jimenez..(Geer, Martha)
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Filing 36
NOTICE OF APPEARANCE by Antonio Vozzolo on behalf of Amanda Jimenez..(Vozzolo, Antonio)
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Filing 35
ORDER re: #34 Letter filed by Amanda Jimenez: On 10/18/2021, nearly fourteen months ago, the parties advised the Court they had reached a settlement in principle, and asked for a stay pending finalization thereof. (Doc. #6). That application was granted. (Doc. #7). Since then, the parties have sought eleven extensions of time to finalize the settlement and move for preliminary approval. (Docs. #10, 12, 14, 16, 19, 21, 23, 27, 30, 32, 34). The Court will grant the instant request for an extension, but this is the last time an extension will be granted. The final deadline to move for preliminary approval is 1/17/2023. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb)
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Filing 34
LETTER addressed to Judge Vincent L. Briccetti from Alec M. Leslie dated December 13, 2022 re: Joint Status Update. Document filed by Amanda Jimenez..(Leslie, Alec)
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Filing 33
ORDER granting #32 Letter filed by Amanda Jimenez: The parties shall move for settlement approval or file a further joint status update regarding settlement by 12/14/2022. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb)
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Filing 32
LETTER addressed to Judge Vincent L. Briccetti from Alec M. Leslie dated November 3, 2022 re: Joint Status Update. Document filed by Amanda Jimenez..(Leslie, Alec)
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Filing 31
ORDER re: #30 Letter filed by Amanda Jimenez: The parties shall move for settlement approval or file a further joint status update regarding settlement by 11/7/2022. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb)
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Filing 30
LETTER addressed to Judge Vincent L. Briccetti from Alec M. Leslie dated October 12, 2022 re: Joint Status Update. Document filed by Amanda Jimenez..(Leslie, Alec)
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Filing 29
ORDER: At the parties' request, the Court set a 10/7/2022 deadline for plaintiff to move for preliminary approval of settlement or to provide a further status update. (Doc. #28). That deadline was not met. The Court sua sponte extends the deadline to 10/19/2022. The Court does not appreciate having its time wasted by counsel's failure to comply with court-ordered deadlines and expects counsel to comply strictly with all deadlines going forward. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb)
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Filing 28
ORDER granting #27 Letter filed by Amanda Jimenez: The parties shall move for settlement approval or file a further joint status update regarding settlement by 10/7/2022. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb)
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Filing 27
LETTER addressed to Judge Vincent L. Briccetti from Alec M. Leslie dated September 6, 2022 re: Joint Status Update. Document filed by Amanda Jimenez..(Leslie, Alec)
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Filing 26
ORDER FOR ADMISSION PRO HAC VICE granting #24 Motion for Gregory F. Coleman to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 8/8/2022) (mml)
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Filing 25
ORDER re: #23 Letter filed by Amanda Jimenez: The parties shall move for settlement approval or file a further joint status update regarding settlement discussions by 9/6/2022. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 FIRST MOTION for Gregory F. Coleman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26513588. 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 24
FIRST MOTION for Gregory F. Coleman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26513588. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amanda Jimenez. (Attachments: #1 Exhibit Declaration, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Coleman, Greg)
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Filing 23
LETTER addressed to Judge Vincent L. Briccetti from Alec M. Leslie dated August 5, 2022 re: Joint Status Update. Document filed by Amanda Jimenez..(Leslie, Alec)
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Filing 22
ORDER re: #21 Letter filed by Amanda Jimenez: The parties shall move for settlement approval or file a further joint status update regarding settlement discussions by 8/5/2022. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb)
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Filing 21
LETTER addressed to Judge Vincent L. Briccetti from Alec M. Leslie dated July 6, 2022 re: Joint Status Update. Document filed by Amanda Jimenez..(Leslie, Alec)
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Filing 20
MEMO ENDORSEMENT on re: #19 Letter filed by Amanda Jimenez. ENDORSEMENT: Stay is continued. Further joint status report due 7/6/2022. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 6/7/2022) (mml)
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Filing 19
JOINT LETTER addressed to Judge Vincent L. Briccetti from Alec M. Leslie dated June 7, 2022 re: Status Report. Document filed by Amanda Jimenez..(Leslie, Alec)
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Filing 18
ORDER: On 4/19/2022, the Court ordered the parties to submit a further joint status report by 6/6/2022. (Doc. #17). The parties have not done so. Accordingly, the Court sua sponte extends to 6/13/2022 the parties' deadline to submit a joint letter regarding the status of settlement. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb)
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Filing 17
MEMO ENDORSEMENT on re: #16 Letter filed by Amanda Jimenez. ENDORSEMENT: Stay is continued. Further joint status report due 6/6/2022. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/19/2022) (mml)
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Filing 16
JOINT LETTER addressed to Judge Vincent L. Briccetti from Alec M. Leslie dated April 18, 2022 re: Status Report. Document filed by Amanda Jimenez..(Leslie, Alec)
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Filing 15
MEMO ENDORSEMENT on re: #14 Letter filed by Amanda Jimenez. ENDORSEMENT: Stay is continued. Further joint status report due 4/18/2022. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/1/2022) (mml)
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Filing 14
JOINT LETTER addressed to Judge Vincent L. Briccetti from Alec M. Leslie dated February 28, 2022 re: Status Report. Document filed by Amanda Jimenez..(Leslie, Alec)
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Filing 13
MEMO ENDORSEMENT on re: #12 Letter filed by Amanda Jimenez. ENDORSEMENT: Stay is continued. Further joint status report due 2/28/2022. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/14/2022) (jca)
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Filing 12
JOINT LETTER addressed to Judge Vincent L. Briccetti from Alec M. Leslie dated January 14, 2022 re: Status Report. Document filed by Amanda Jimenez..(Leslie, Alec)
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Filing 11
MEMO ENDORSEMENT on re: #10 Letter filed by Amanda Jimenez. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. Stay is continued. Further joint status report is due 1/14/2022. (Signed by Judge Vincent L. Briccetti on 11/22/2021) (va)
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Filing 10
JOINT LETTER addressed to Judge Vincent L. Briccetti from Alec M. Leslie dated November 22, 2021 re: Status Report. Document filed by Amanda Jimenez..(Leslie, Alec)
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Filing 9
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Artsana SpA for Artsana USA, Inc.. Document filed by Artsana USA, Inc...(Myatt, Jason)
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Filing 8
NOTICE OF APPEARANCE by Jason William Myatt on behalf of Artsana USA, Inc...(Myatt, Jason)
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Filing 7
ORDER granting #6 JOINT LETTER MOTION to Stay Pending Finalization of a Proposed Class Action Settlement addressed to Judge Vincent L. Briccetti from Alec M. Leslie dated October 18, 2021. APPLICATION GRANTED. The case is stayed until 11/22/2021, when the parties shall file a joint status update regarding their class action settlement negotiations. By 10/22/2021, defense counsel shall file a notice of appearance on the docket. Plaintiffs counsel shall provide a copy of this Order to defense counsel. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/19/2021) (mml)
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Filing 6
JOINT LETTER MOTION to Stay Pending Finalization of a Proposed Class Action Settlement addressed to Judge Vincent L. Briccetti from Alec M. Leslie dated October 18, 2021. Document filed by Amanda Jimenez..(Leslie, Alec)
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Filing 5
SUMMONS RETURNED EXECUTED. Artsana USA, Inc. served on 9/27/2021, answer due 10/18/2021. Document filed by Amanda Jimenez..(Leslie, Alec)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Artsana USA, Inc.. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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)
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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. (vf)
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Case Designated ECF. (vf)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Artsana USA, Inc., re: #1 Complaint. Document filed by Amanda Jimenez..(Leslie, Alec)
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Filing 2
CIVIL COVER SHEET filed..(Leslie, Alec)
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Filing 1
COMPLAINT against Artsana USA, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25099789)Document filed by Amanda Jimenez..(Leslie, Alec)
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