New York Southern District Court
Judge:Dale E Ho
Referred: Sarah L Cave
Case #: 1:24-cv-08540
Nature of Suit446 Civil Rights - Amer w/Disabilities - Other
Cause28:1331 Fed. Question
Case Filed:Nov 11, 2024
Last checked: Thursday Dec 26, 2024 3:23 AM EST
Defendant
Simply Good Foods Usa, Inc.
Represented By
Travis Keith Waller
Robins Kaplan LLP
contact info
Plaintiff
Edery Herrera
On Behalf Of Himself And All Other Persons Similarly Situated c/o Gottlieb & Associates PLLC 150 East 18th Street Suite PHR
New York, NY 10003
Represented By
Jeffrey Michael Gottlieb
Jeffrey M. Gottlieb, Esq.
contact info
Michael A. LaBollita
Gottlieb & Associates
contact info


Docket last updated: 01/29/2025 11:59 PM EST
Thursday, January 23, 2025
15 15 2 pgs order Order on Motion to Withdraw as Attorney Thu 01/23 9:25 AM
MEMO ENDORSED ORDER granting14 Motion to Withdraw as Attorney. ENDORSEMENT: Mr. Travis K. Waller, Esq.'s request at ECF No. 14 is GRANTED. The Clerk of Court is respectfully directed to terminate Mr. Waller as counsel in this case and close ECF No. 14. SO ORDERED. (Attorney Travis Keith Waller terminated.) (Signed by Magistrate Judge Sarah L. Cave on 1/23/25) (yv)
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Wednesday, January 22, 2025
14 14 motion Withdraw as Attorney Wed 01/22 2:27 PM
MOTION for Travis K. Waller to Withdraw as Attorney . Document filed by Simply Good Foods Usa, Inc...(Waller, Travis)
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Att: 1 Affidavit of Travis K. Waller
13 13 1 pgs order Order on Motion for Extension of Time to Answer Wed 01/22 9:52 AM
ORDER granting12 Letter Motion for Extension of Time to Answer re1 Complaint. Defendant's request at ECF No. 12 is GRANTED. The deadline for Defendant to respond to the Complaint is EXTENDED up to and including February 21, 2025. The Clerk of Court is respectfully directed to close ECF No. 12. SO ORDERED. (Simply Good Foods Usa, Inc. answer due 2/21/2025.) (Signed by Magistrate Judge Sarah L. Cave on 1/22/25) (yv)
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Tuesday, January 21, 2025
12 12 motion Extension of Time to File Answer Tue 01/21 5:18 PM
CONSENT LETTER MOTION for Extension of Time to File Answer re:1 Complaint from January 22, 2025 to February 21, 2025 addressed to Magistrate Judge Sarah L. Cave from Karla Del Pozo Garcia dated January 21, 2025. Document filed by Simply Good Foods Usa, Inc...(Del Pozo Garcia, Karla)
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11 11 notice Notice of Appearance Tue 01/21 5:15 PM
NOTICE OF APPEARANCE by Karla Del Pozo Garcia on behalf of Simply Good Foods Usa, Inc...(Del Pozo Garcia, Karla)
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Friday, December 20, 2024
10 10 2 pgs order Order on Motion for Extension of Time Fri 12/20 12:12 PM
ORDER granting9 Letter Motion for Extension of Time. Defendant's unopposed request at ECF No. 9 is GRANTED. The deadline for Defendant to respond to the Complaint is EXTENDED up to and including January 22, 2025. The Clerk of Court is respectfully directed to close ECF No. 9. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 12/20/24) (yv)
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utility Set/Reset Deadlines Fri 12/20 12:14 PM
Set/Reset Deadlines: Simply Good Foods Usa, Inc. answer due 1/22/2025. (yv)
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Wednesday, December 18, 2024
9 9 motion Extension of Time Wed 12/18 5:20 PM
LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Dale E. Ho from Travis K. Waller dated December 18, 2024. Document filed by Simply Good Foods Usa, Inc...(Waller, Travis)
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8 8 notice Notice of Appearance Wed 12/18 5:13 PM
NOTICE OF APPEARANCE by Travis Keith Waller on behalf of Simply Good Foods Usa, Inc...(Waller, Travis)
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Wednesday, November 13, 2024
7 7 service Summons Issued Wed 11/13 1:12 PM
ELECTRONIC SUMMONS ISSUED as to Simply Good Foods Usa, Inc...(gp)
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Tuesday, November 12, 2024
6 6 service Request for Issuance of Summons Tue 11/12 9:36 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Simply Good Foods Usa, Inc., re:1 Complaint. Document filed by Edery Herrera..(LaBollita, Michael)
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5 5 misc Civil Cover Sheet Tue 11/12 9:30 PM
CIVIL COVER SHEET filed..(LaBollita, Michael)
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4 4 1 pgs order Order Referring Case to Magistrate Judge Tue 11/12 4:47 PM
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Sarah L. Cave. SO ORDERED (Signed by Judge Dale E. Ho on 11/12/2024) (ks)
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3 3 3 pgs order Order Tue 11/12 4:44 PM
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent under 28 U.S.C. § 636(c) to conduct all further proceedings before the assigned Magistrate Judge. As further set forth in this Order. SO ORDERED (Signed by Judge Dale E. Ho on 11/12/2024) (ks)
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misc Notice to Attorney to Submit/File Civil Cover Sheet Tue 11/12 10:36 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Michael A. LaBollita. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp)
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notice Case Opening Initial Assignment Notice Tue 11/12 10:42 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(gp)
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utility Case Designation Tue 11/12 10:43 AM
Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (gp)
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utility Case Designated ECF Tue 11/12 10:43 AM
Case Designated ECF. (gp)
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Monday, November 11, 2024
2 2 notice Notice of Appearance Mon 11/11 8:11 PM
NOTICE OF APPEARANCE by Jeffrey Michael Gottlieb on behalf of Edery Herrera..(Gottlieb, Jeffrey)
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1 1 28 pgs cmp Complaint Mon 11/11 4:27 PM
COMPLAINT against Simply Good Foods Usa, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-30166333)Document filed by Edery Herrera..(LaBollita, Michael)
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