ALCE et al v. Wise Foods, Inc.

New York Southern District Court
Judge:	Naomi Reice Buchwald
Case #:	1:17-cv-02402
Nature of Suit	370 Torts - Personal Property - Other Fraud
Cause	28:1332fr Diversity-Fraud

Case Filed:	Apr 03, 2017
Terminated:	Mar 27, 2018

Last checked: Saturday Sep 30, 2017 6:28 AM EDT

Defendant Wise Foods, Inc.	Represented By Melissa Conrad-Alam Eversheds Sutherland contact info Meghana Shah Sutherland Asbil & Brennan, Llp(nyc) contact info Michael Richard Nelson Sutherland Asbil & Brennan, Llp(nyc) contact info
Plaintiff Sameline Alce	Represented By Anne Melissa Seelig Lee Litigation Group, PLLC contact info C.K. Lee Lee Litigation Group, PLLC contact info
Plaintiff Desire Nugent	Represented By Anne Melissa Seelig Lee Litigation Group, PLLC contact info C.K. Lee Lee Litigation Group, PLLC contact info

1.	Is That Empty Air in Your Chip Bag a Scam? Maybe, but Not in Court. (slate.com)
	Submitted Mon 04/16/2018

2.	Lawsuit filed against Wise alleging company underfills potato chip bags less than halfway (cnbc.com)
	Submitted Wed 04/05/2017

Docket last updated: 12 hours ago

Wednesday, March 28, 2018
30		30 order Judgment - Clerk Wed 03/28 11:06 AM CLERK'S JUDGMENT: re:29 Order on Motion to Dismiss, Order on Motion for Extension of Time to File. in favor of Wise Foods, Inc. against Desire Nugent, Sameline Alce. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memora'dum and Order dated March 27, 2018, defendant's motion to dismiss plaintiffs First Amended Complaint is granted, judgment is entered for defendant, and this case is closed. (Signed by Clerk of Court Ruby Krajick on 03/27/2017)(dt) Related: [-]
		Att: 1 Notice of Right to Appeal
Tuesday, March 27, 2018
29		29 33 pgs order Order on Motion to Dismiss Order on Motion for Extension of Time to File Tue 03/27 11:45 AM MEMORANDUM AND ORDER: granting20 Motion to Dismiss; terminating25 Motion for Extension of Time to File. For the foregoing reasons, defendant's motion to dismiss plaintiffs' First Amended Class Action Complaint is granted.The Clerk of the Court is respectfully directed to terminate docket numbers 20 and 25; enter judgment for defendant; and close this case. (Signed by Judge Naomi Reice Buchwald on 3/27/2018) (ama) Related: [-]
		misc Transmission to Judgments and Orders Clerk Tue 03/27 11:45 AM Transmission to Judgments and Orders Clerk. Transmitted re:29 Order on Motion to Dismiss, Order on Motion for Extension of Time to File,,, to the Judgments and Orders Clerk. (ama) Related: [-]
Friday, October 13, 2017
28		28 misc Letter Fri 10/13 4:55 PM LETTER addressed to Judge Naomi Reice Buchwald from Meghana Shah dated October 13, 2017 re: Reply Brief in Support of Motion to Dismiss (ECF 27). Document filed by Wise Foods, Inc..(Conrad-Alam, Melissa) Related: [-]
27		27 respm Reply Memorandum of Law in Support of Motion Fri 10/13 4:50 PM REPLY MEMORANDUM OF LAW in Support re:20 MOTION to Dismiss First Amended Class Action Complaint . . Document filed by Wise Foods, Inc.. (Conrad-Alam, Melissa) Related: [-]
Thursday, October 12, 2017
26		26 1 pgs order Order on Motion for Extension of Time to File Fri 10/13 7:18 AM ORDER with respect to25 Letter Motion for Extension of Time to File Rule 26(f). The Court does not require The submission of a Rule 26(f) report. Following the determination of the motion The Court will confer with the parties as required. So Ordered. (Signed by Judge Naomi Reice Buchwald on 10/12/2017) (js) Related: [-]
25		25 motion Extension of Time to File Document Thu 10/12 11:21 AM LETTER MOTION for Extension of Time to File Rule 26(f) Report addressed to Judge Naomi Reice Buchwald from C.K. Lee dated October 12, 2017. Document filed by Sameline Alce, Desire Nugent.(Lee, C.K.) Related: [-]
		Att: 1 Text of Proposed Order
Thursday, September 28, 2017
24		24 misc Letter Thu 09/28 4:21 PM LETTER addressed to Judge Naomi Reice Buchwald from C.K. Lee dated September 28, 2017 re: Outlining Arguments In Opposition to Motion To Dismiss. Document filed by Sameline Alce, Desire Nugent.(Lee, C.K.) Related: [-]
23		23 30+ pgs respm Memorandum of Law in Opposition to Motion Thu 09/28 4:18 PM MEMORANDUM OF LAW in Opposition re:20 MOTION to Dismiss First Amended Class Action Complaint . . Document filed by Sameline Alce, Desire Nugent. (Lee, C.K.) Related: [-]
Monday, August 14, 2017
22		22 misc Letter Mon 08/14 7:50 PM LETTER addressed to Judge Naomi Reice Buchwald from Meghana Shah dated August 14, 2017 re: Motion to Dismiss First Amended Class Action Complaint (ECF 20 & 21). Document filed by Wise Foods, Inc..(Conrad-Alam, Melissa) Related: [-]
21		21 33 pgs respm Memorandum of Law in Support of Motion Mon 08/14 7:47 PM MEMORANDUM OF LAW in Support re:20 MOTION to Dismiss First Amended Class Action Complaint . . Document filed by Wise Foods, Inc.. (Conrad-Alam, Melissa) Related: [-]
20		20 2 pgs motion Dismiss Mon 08/14 7:46 PM MOTION to Dismiss First Amended Class Action Complaint . Document filed by Wise Foods, Inc.. Responses due by 9/28/2017(Conrad-Alam, Melissa) Related: [-]
Wednesday, July 05, 2017
19		19 order Memo Endorsement ~Util - Set Deadlines Thu 07/06 3:16 PM MEMO ENDORSEMENT on re:18 Letter filed by Wise Foods, Inc. ENDORSEMENT: So ordered. (Motions due by 8/14/2017, Responses due by 9/28/2017, Replies due by 10/13/2017.) (Signed by Judge Naomi Reice Buchwald on 7/5/2017) (ras) Related: [-]
Monday, July 03, 2017
18		18 misc Letter Mon 07/03 11:42 AM LETTER addressed to Judge Naomi Reice Buchwald from Meghana D. Shah dated July 3, 2017 re: Proposed Briefing Schedule for Defendant Wise Foods Inc.s Motion to Dismiss. Document filed by Wise Foods, Inc..(Shah, Meghana) Related: [-]
Tuesday, June 27, 2017
17		17 cmp Amended Complaint Tue 06/27 7:29 PM FIRST AMENDED COMPLAINT amending1 Complaint against Wise Foods, Inc. with JURY DEMAND.Document filed by Sameline Alce, Desire Nugent. Related document:1 Complaint filed by Desire Nugent, Sameline Alce.(Lee, C.K.) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C
Tuesday, June 06, 2017
15		15 misc Letter Tue 06/06 3:57 PM LETTER addressed to Judge Naomi Reice Buchwald from C.K. Lee dated 06/06/2017 re: Response to Defendant's Pre-Motion Conference Letter. Document filed by Sameline Alce, Desire Nugent.(Lee, C.K.) Related: [-]
Wednesday, April 26, 2017
13		13 misc Rule 7.1 Corporate Disclosure Statement Wed 04/26 3:01 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AC Snack Foods, Inc., Corporate Parent Arca Continental USA, LLC, Corporate Parent C Negocios Complementarios, S.A. de C.V,, Corporate Parent Arca Continental S.A.B., de C.V. for Wise Foods, Inc.. Document filed by Wise Foods, Inc..(Conrad-Alam, Melissa) Related: [-]
Wednesday, April 19, 2017
12		12 order Order on Motion to Appear Pro Hac Vice Wed 04/19 4:57 PM ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting10 Motion for Melissa Conrad-Alam to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 4/19/2017) (ap) Related: [-]
Tuesday, April 18, 2017
11		11 notice Notice of Appearance Tue 04/18 5:32 PM NOTICE OF APPEARANCE by Anne Melissa Seelig on behalf of Sameline Alce, Desire Nugent. (Seelig, Anne) Related: [-]
10		10 motion Appear Pro Hac Vice Tue 04/18 11:46 AM MOTION for Melissa Conrad-Alam to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13553644. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wise Foods, Inc..(Conrad-Alam, Melissa) Related: [-]
		Att: 1 Affidavit Affidavit of Melissa Conrad-Alam in Support of Motion to Admit Pro Hac Vice,
		Att: 2 Exhibit Certificate of Good Standing for Melissa Conrad-Alam,
		Att: 3 Text of Proposed Order Proposed Order for Admission of Melissa Conrad-Alam Pro Hac Vice
		misc Notice Regarding Pro Hac Vice Motion Tue 04/18 12:33 PM >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 10 MOTION for Melissa Conrad-Alam to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13553644. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) Related: [-]
Thursday, April 13, 2017
9		9 order Order on Motion for Extension of Time to Answer Fri 04/14 6:42 AM ORDER granting6 Letter Motion for Extension of Time to Answer Wise Foods, Inc. answer due 6/1/2017; granting8 Letter Motion for Extension of Time to Answer. So ordered. Wise Foods, Inc. answer due 6/1/2017. (Signed by Judge Naomi Reice Buchwald on 4/13/2017) (mro) Modified on 4/14/2017 (mro) Related: [-]
Wednesday, April 12, 2017
8		8 motion Extension of Time to File Answer Wed 04/12 7:33 PM AMENDED LETTER MOTION for Extension of Time to File Answer re:6 LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Judge Naomi Reice Buchwald from Meghana D. Shah dated April 11, 2017. addressed to Judge Naomi Reice Buchwald from Meghana Shah dated April 12, 2017. Document filed by Wise Foods, Inc..(Shah, Meghana) Related: [-]
7		7 notice Notice of Appearance Wed 04/12 8:12 AM NOTICE OF APPEARANCE by Michael Richard Nelson on behalf of Wise Foods, Inc.. (Nelson, Michael) Related: [-]
Tuesday, April 11, 2017
6		6 motion Extension of Time to File Answer Tue 04/11 7:31 PM LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Judge Naomi Reice Buchwald from Meghana D. Shah dated April 11, 2017. Document filed by Wise Foods, Inc..(Shah, Meghana) Related: [-]
5		5 notice Notice of Appearance Tue 04/11 6:52 PM NOTICE OF APPEARANCE by Meghana Shah on behalf of Wise Foods, Inc.. (Shah, Meghana) Related: [-]
Tuesday, April 04, 2017
4		4 service Summons Issued Tue 04/04 1:25 PM ELECTRONIC SUMMONS ISSUED as to Wise Foods, Inc. (kl) (Main Document 4 replaced on 4/4/2017) (kl) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Tue 04/04 1:11 PM ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney C.K. Lee. The following case opening statistical information was erroneously selected/entered: County code Bronx. The following correction(s) have been made to your case entry: the County code has been modified to New York. (kl) Related: [-]
		misc Notice to Attorney Regarding Party Modification Tue 04/04 1:20 PM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney C.K. Lee. The party information for the following party/parties has been modified: SAMELINE ALCE, DESIRE NUGENT. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (kl) Related: [-]
		notice Case Opening Initial Assignment Notice Tue 04/04 1:23 PM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (kl) Related: [-]
		utility Case Designation Tue 04/04 1:23 PM Magistrate Judge Kevin Nathaniel Fox is so designated. (kl) Related: [-]
		utility Case Designated ECF Tue 04/04 1:24 PM Case Designated ECF. (kl) Related: [-]
Monday, April 03, 2017
3		3 misc Civil Cover Sheet Mon 04/03 6:39 PM CIVIL COVER SHEET filed. (Lee, C.K.) Related: [-]
2		2 service Request for Issuance of Summons Mon 04/03 6:39 PM REQUEST FOR ISSUANCE OF SUMMONS as to Wise Foods, Inc., re:1 Complaint. Document filed by SAMELINE ALCE, DESIRE NUGENT. (Lee, C.K.) Related: [-]
1		1 49 pgs cmp Complaint Mon 04/03 6:38 PM COMPLAINT against Wise Foods, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-13498877)Document filed by SAMELINE ALCE, DESIRE NUGENT.(Lee, C.K.) Related: [-]
		Att: 1 Exhibit Exhibit A,
		Att: 2 Exhibit Exhibit B,
		Att: 3 Exhibit Exhibit C

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