Lut v. Revive Organics, Inc. et al
| New York Eastern District Court | |
| Judge: | Pamela K Chen |
| Referred: | Sanket J Bulsara |
| Case #: | 1:24-cv-02260 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1391 Personal Injury |
| Case Filed: | Mar 27, 2024 |
| Terminated: | Apr 15, 2024 |
| Case in other court: | Illinois Northern, 1:24-cv-00152 |
| Last checked: Monday Sep 23, 2024 4:26 AM EDT |
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Defendant
Miski Organic Superfoods, Inc
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Represented By
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Defendant
Revive Organics, Inc.
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Represented By
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Plaintiff
Ann Lut
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Represented By
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| Docket last updated: 3 hours ago |
| Monday, June 24, 2024 | ||
| 19 | 19
misc
Letter
Mon 06/24 12:44 PM
Letter Request for Judicial Notice by Nadia Eletribi Associated Cases: 1:22-cv-04362-PKC-SJB et al. (Marler, William) |
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| Thursday, April 25, 2024 | ||
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order
Order(Other)
Thu 04/25 8:07 PM
ORDER: The April 30, 2024 status conference will start at the updated time of 10:00 a.m. , via video. ( See 4/16/2024 Docket Order.) The Court will send the parties the Zoom link in advance of the conference. The public may listen in via telephone at 1 (646) 828-7666, Meeting ID 160 990 9027, Passcode 660780. Ordered by Judge Pamela K. Chen on 4/25/2024. Associated Cases: 1:22-cv-04362-PKC-SJB, 1:23-cv-05350-PKC-SJB, 1:24-cv-01544-PKC-SJB, 1:24-cv-01963-PKC-SJB, 1:24-cv-02260-PKC-SJB (AH) |
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| Thursday, April 18, 2024 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Thu 04/18 11:38 AM
ORDER: The Court is in receipt of Plaintiff Stevenson's 84 letter motion, on consent, to extend the time to respond to Defendant Revive's request for a pre-motion conference on its anticipated motion to dismiss Plaintiff Stevenson's complaint. The Court grants Plaintiff Stevenson's request for good cause shown and directs Plaintiff Stevenson to file a response on the lead docket ( Eletribi v. Revive Organics, Inc. , 22-CV-4362), by April 24, 2024. The Court further notes Defendant Revive's requests for a pre-motion conference filed in Lut v. Revive Organics, Inc. , 24-CV-2260, and Vuxton v. Revive Organics, Inc. , 24-CV-1544. The Court directs Defendant Revive to re-file those letters on the lead docket ( Eletribi , 22-CV-4362). ( See 4/16/2024 Docket Order.) Plaintiffs Lut and Vuxton may file their responses, also on the lead docket ( Eletribi , 22-CV-4362), by April 24, 2024. Ordered by Judge Pamela K. Chen on 4/18/2024. Associated Cases: 1:22-cv-04362-PKC-SJB, 1:24-cv-01544-PKC-SJB, 1:24-cv-02260-PKC-SJB (AH) |
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| Wednesday, April 17, 2024 | ||
| 18 | 18
motion
Pre Motion Conference
Wed 04/17 3:15 PM
MOTION for pre motion conference by Revive Organics, Inc.. (Fama, Richard) |
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| Tuesday, April 16, 2024 | ||
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order
Scheduling Order
Tue 04/16 7:51 PM
ORDER: The parties in the lead case ( Eletribi v. Revive Organics, Inc. , 22-CV-4362) and in all consolidated cases ( Holup v. Revive Organics, Inc. , 23-CV-5350; Vuxton v. Revive Organics, Inc. , 24-CV-1544; Stevenson v. Miski Organics Superfoods, Inc. , 24-CV-1963; and Lut v. Revive Organics, Inc. , 24-CV-2260) shall appear for a status conference on April 30, 2024, at 11:30 a.m., via video. At the conference, the parties should be prepared to discuss potential consolidation of all claims and deadlines in these matters. Further, in light of the Court's consolidation order and the upcoming conference, all upcoming deadlines in the lead and consolidated cases are temporarily adjourned without date. The Court will send the parties the Zoom link in advance of the conference. The public may listen in via telephone at 1 (646) 828-7666, Meeting ID 160 990 9027, Passcode 660780. Ordered by Judge Pamela K. Chen on 4/16/2024. Associated Cases: 1:22-cv-04362-PKC-SJB, 1:23-cv-05350-PKC-SJB, 1:24-cv-01544-PKC-SJB, 1:24-cv-01963-PKC-SJB, 1:24-cv-02260-PKC-SJB (AH) |
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| Monday, April 15, 2024 | ||
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order
Order(Other)
Mon 04/15 3:40 PM
ORDER: Having taken into consideration both equity and judicial economy, the Court consolidates the following cases pursuant to Rule 42(a) of the Federal Rules of Civil Procedure: Stevenson v. Miski Organics Superfoods, Inc., 24-CV-1963, Lut v. Revive Organics, Inc. et al, 24-CV-2260, Vuxton v. Revive Organics, Inc., et al, 24-CV-1544, and Eletribi v. Revive Organics, Inc., 22-CV-4362. See Devlin v. Transp. Commc'ns Int'l Union, 175 F.3d 121, 130 (2d Cir. 1999). All filings should be made in the lead case, 22-CV-4362. The Clerk of Court is respectfully directed to consolidate these cases and terminate dockets 24-CV-1963, 24-CV-2260, and 24-CV-1544. Ordered by Judge Pamela K. Chen on 4/15/2024. Associated Cases: 1:22-cv-04362-PKC-SJB, 1:24-cv-01544-PKC-SJB, 1:24-cv-01963-PKC-SJB, 1:24-cv-02260-PKC-SJB. (FG) |
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| Friday, April 12, 2024 | ||
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order
Order Reassigning Case
Fri 04/12 8:52 AM
ORDER REASSIGNING CASE. Case reassigned to Judge Pamela K. Chen and Magistrate Judge Sanket J. Bulsara (as related to 22-CV-4362) for all further proceedings. Magistrate Judge Robert M. Levy no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 4/11/2024. (AF) Modified on 4/12/2024 (AF) |
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| Wednesday, April 03, 2024 | ||
| 17 | 17
notice
Notice of Appearance
Wed 04/03 12:12 PM
NOTICE of Appearance by Joel Michael Maxwell on behalf of Revive Organics, Inc. (aty to be noticed) (Maxwell, Joel) |
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| Thursday, March 28, 2024 | ||
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notice
Notice of Appearance
Thu 03/28 10:53 AM
NOTICE of Appearance by Paul V. Nunes on behalf of Ann Lut (aty to be noticed) (Nunes, Paul) |
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| Wednesday, March 27, 2024 | ||
| 15 | 15
notice
Notice of Opportunity to Consent
Wed 03/27 3:27 PM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (KD) |
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transfer
Case Transferred In - District Transfer (DEACTIVATED EVENT - DO NOT USE)
Wed 03/27 3:25 PM
Case transferred in from District of Illinois Northern; Case Number 1:24-cv-00152. Original file certified copy of transfer order and docket sheet received. |
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transfer
Case Transferred Out - District Transfer
Wed 03/27 12:46 PM
TRANSFERRED to the Eastern District of New York the electronic record. (emc, ) |
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misc
ECF Admission and Registration Notification - Transfer
Wed 03/27 3:29 PM
The case of Lut v. Revive Organics, Inc. , has been transferred from Northern District of Illinois to the Eastern District of New York. The new case number is 24-cv-2260 . PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (KD) |
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notice
Notice of Related Case Assignment/Designation
Wed 03/27 3:34 PM
Notice of Related Case: The transfer order indicates a possible related case (22-cv-4362). (KD) |
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| Tuesday, March 26, 2024 | ||
| 12 | 12
MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion to strike previously filed motion (Document No. 8) and Unopposed Motion to Transfer Venue9 is granted. This case is hereby transferred to the United States District Court for the Eastern District of New York, forthwith. Motion to transfer case8 is stricken. Motion for extension of time to respond to complaint11 is stricken without prejudice to presentation before the presiding judge in the Eastern District of New York. Civil case terminated. Mailed notice. (cp, ) [Transferred from Illinois Northern on 3/27/2024.]
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| 11 | 11
MOTION by Defendant Miski Organic Superfoods, Inc for extension of time to file response/reply as to complaint1 (Merlo, Robert) [Transferred from Illinois Northern on 3/27/2024.]
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| 10 | 10
ATTORNEY Appearance for Defendant Miski Organic Superfoods, Inc by Robert Merlo (Merlo, Robert) [Transferred from Illinois Northern on 3/27/2024.]
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| Monday, March 25, 2024 | ||
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MOTION by Plaintiff Ann Lut to transfer case Motion to Strike Previously Filed Motion (Doc #8) and Unopposed Motion to Transfer Venue (Adamski, Erin) [Transferred from Illinois Northern on 3/27/2024.]
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MOTION by Plaintiff Ann Lut to transfer case , unopposed (Adamski, Erin) [Transferred from Illinois Northern on 3/27/2024.]
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| Monday, March 18, 2024 | ||
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ATTORNEY Appearance for Defendant Revive Organics, Inc. by Richard Fama (Fama, Richard) [Transferred from Illinois Northern on 3/27/2024.]
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| Friday, March 15, 2024 | ||
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WAIVER OF SERVICE returned executed by Revive Organics, Inc.. Revive Organics, Inc. waiver sent on 3/15/2024, answer due 5/14/2024. (Fama, Richard) [Transferred from Illinois Northern on 3/27/2024.]
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| Thursday, January 11, 2024 | ||
| 5 | 5
STATUS Report on damages by Ann Lut (Adamski, Erin) [Transferred from Illinois Northern on 3/27/2024.]
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| Monday, January 08, 2024 | ||
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MINUTE entry before the Honorable Rebecca R. Pallmeyer: Within ten (10) days, Plaintiff is directed to confirm in writing that she seeks damages in excess of $ 75,000. The parties are directed to submit a Report of Planning Meeting on or before 3/8/2024. Please see https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_judges/pallmeyer/Report% 20of%20Planning%20Mtg.pdf. Mailed notice. (cp, ) [Transferred from Illinois Northern on 3/27/2024.]
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| Friday, January 05, 2024 | ||
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ATTORNEY Appearance for Plaintiff Ann Lut by Erin A. Adamski (Adamski, Erin) [Transferred from Illinois Northern on 3/27/2024.]
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ATTORNEY Appearance for Plaintiff Ann Lut by Gary A. Newland (Newland, Gary) [Transferred from Illinois Northern on 3/27/2024.]
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| 1 | 1
COMPLAINT and Civil Cover Sheet filed by Ann Lut; Jury Demand. Filing fee $ 405, receipt number AILNDC-21492934.(Newland, Gary) [Transferred from Illinois Northern on 3/27/2024.]
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Att: 1
Civil Cover Sheet
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| CASE ASSIGNED to the Honorable Rebecca R. Pallmeyer. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2). (jxm, ) [Transferred from Illinois Northern on 3/27/2024.] | ||
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached[LINK:Consent To] [LINK:form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jxm, ) [Transferred from Illinois Northern on 3/27/2024.] | ||