Barber v. Revive Organics, Inc.
| New York Eastern District Court | |
| Judge: | Pamela K Chen |
| Referred: | Sanket J Bulsara |
| Case #: | 1:24-cv-03124 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Apr 23, 2024 |
| Case in other court: | South Carolina, 0:23-cv-05665 |
| Last checked: Sunday Apr 28, 2024 4:14 AM EDT |
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Defendant
John Doe Importers and Suppliers 1-10
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Represented By
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Defendant
Miski Organics 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
Toni Barber
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Represented By
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| Docket last updated: 05/16/2024 11:59 PM EDT |
| Monday, May 06, 2024 | ||
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order
Order on Motion to Withdraw as Attorney
Mon 05/06 10:17 AM
ORDER granting24 Motion to Withdraw as Attorney: Attorney Brett E. Dressler terminated. Ordered by Judge Pamela K. Chen on 5/6/2024. (FG) |
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| Thursday, May 02, 2024 | ||
| 25 | 25
notice
Notice of Appearance
Thu 05/02 1:58 PM
NOTICE of Appearance by Paul V. Nunes on behalf of Toni Barber (aty to be noticed) (Nunes, Paul) |
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| Wednesday, May 01, 2024 | ||
| 24 | 24
motion
Withdraw as Attorney
Wed 05/01 4:48 PM
Letter MOTION to Withdraw as Attorney by Toni Barber. (FG) |
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| Tuesday, April 30, 2024 | ||
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utility
Incorrect Case-Document Information
Tue 04/30 9:39 AM
Incorrect Entry Information: An Order entered on 4/29/2024 regarding trial was erroneously filed in this action and has since been removed. (FG) |
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| Monday, April 29, 2024 | ||
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order
Order(Other)
Mon 04/29 2:42 PM
ORDER: The Court notifies the parties that it will not be sitting on 5/10/2024. Counsel for all parties should adjust their trial presentations and witness schedules accordingly. Ordered by Judge Pamela K. Chen on 4/29/2024. (FG) |
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order
Order Reassigning Case
Mon 04/29 5:17 PM
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. Judge Kiyo A. Matsumoto, Magistrate Judge Taryn A. Merkl 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 4/29/2024. (KD) |
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| Friday, April 26, 2024 | ||
| 23 | 23
misc
Clerks Notice of Rule 73
Fri 04/26 9:26 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (SDM) |
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| 22 | 22
transfer
Case Transferred In - District Transfer (DEACTIVATED EVENT - DO NOT USE)
Fri 04/26 9:24 AM
Case transferred in from District of South Carolina; Case Number 0:23-cv-05665. Original file certified copy of transfer order and docket sheet received. |
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misc
ECF Admission and Registration Notification - Transfer
Fri 04/26 9:26 AM
The case of Barber v. Revive Organics, Inc. , has been transferred from District of South Carolina to the Eastern District of New York. The new case number is 24-cv-3124 . 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. (SDM) |
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notice
Notice of Related Case Assignment/Designation
Fri 04/26 9:37 AM
Notice of Related Case: Transfer Order indicates related case (1:22-cv-04362). (SDM) |
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| Tuesday, April 23, 2024 | ||
| 20 | 20 TEXT ORDER GRANTING 12 unopposed motion to transfer venue. The Court transfers this matter and all pending motions to the Eastern District of New York. Refiled by Clerk to correct event. Entered at the direction of the Honorable Sherri A. Lydon on April 23, 2024.(ahil) [Transferred from South Carolina on 4/26/2024.] | |
| Tuesday, April 16, 2024 | ||
| 19 | 19
NOTICE of Appearance by Charles Albert Kinney, Jr on behalf of John Doe Importers and Suppliers 1-10, Miski Organics Superfoods, Inc., Revive Organics, Inc. (Kinney, Charles) [Transferred from South Carolina on 4/26/2024.]
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| Monday, April 08, 2024 | ||
| 16 | 16
REPLY to Response to Motion re11 MOTION to Dismiss for Lack of Jurisdiction Personal and Under the Doctrine of Forum Non Conveniens Response filed by Revive Organics, Inc.. (Knehans, Dakota) [Transferred from South Carolina on 4/26/2024.]
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| Monday, April 01, 2024 | ||
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RESPONSE in Opposition re11 MOTION to Dismiss for Lack of Jurisdiction Personal and Under the Doctrine of Forum Non Conveniens Response filed by Toni Barber.Reply to Response to Motion due by 4/8/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(Dressler, Brett) [Transferred from South Carolina on 4/26/2024.]
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Att: 1
Exhibit 1. Barber order history,
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Att: 2
Affidavit of Barber,
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Att: 3
Exhibit 3. terms of Service
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| Thursday, March 28, 2024 | ||
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MOTION for Extension of Time to Answer Defendant's Motion by Toni Barber. Response to Motion due by 4/11/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Dressler, Brett) [Transferred from South Carolina on 4/26/2024.]
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| Tuesday, March 26, 2024 | ||
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First MOTION for Extension of Time to Respond to Complaint by Miski Organics Superfoods, Inc.. Response to Motion due by 4/9/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Rayner, Rebecca) [Transferred from South Carolina on 4/26/2024.]
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| Wednesday, March 20, 2024 | ||
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MOTION to Transfer Case Venue (Unopposed) by Toni Barber. Response to Motion due by 4/3/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.(Dressler, Brett) [Transferred from South Carolina on 4/26/2024.]
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Att: 1
Proposed Order
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| Monday, March 18, 2024 | ||
| 11 | 11
MOTION to Dismiss for Lack of Jurisdiction Personal and Under the Doctrine of Forum Non Conveniens by Revive Organics, Inc. Response to Motion due by 4/1/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.Proposed order is being emailed to chambers with copy to opposing counsel.(Knehans, Dakota) (Main Document 11, Attachment 1, and Attachment 4 replaced on 3/20/2024 with documents provided by filer and the proposed order was removed so as to be in compliance with judicial filing preferences. (ahil). [Transferred from South Carolina on 4/26/2024.] (Entered: 03/18/2024)
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Att: 1
Memo in Support Memorandum of Law ISO Motion to Dismiss,
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Att: 2
Declaration of Soliman ISO Motion to Dismiss,
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Att: 4
Certificate of Service
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| Friday, March 15, 2024 | ||
| 10 | 10
MOTION for Extension of Time to File Response/Reply as to1 Complaint by Revive Organics, Inc.. Response to Motion due by 3/29/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Knehans, Dakota) [Transferred from South Carolina on 4/26/2024.]
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| Wednesday, March 13, 2024 | ||
| 9 | 9 DELETION OF DOCKET ENTRY NUMBER 6 Reason: Refiled by filer to correct filing event. Corrected Filing Document Number8 Modified filing date to that of original filing: 02/01/2024 (ahil) [Transferred from South Carolina on 4/26/2024.] | |
| Thursday, February 01, 2024 | ||
| 8 | 8
WAIVER OF SERVICE by Toni Barber. Revive Organics, Inc. waiver executed on 1/18/2024, answer due 3/18/2024.(Dressler, Brett) (Main Document 8 replaced on 3/13/2024 with document provided by filer and modified to correct filing date to that of the original (ahil). [Transferred from South Carolina on 4/26/2024.] (Entered: 03/12/2024)
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Att: 1
Exhibit Miski Waiver of Service,
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Att: 2
Exhibit Revive Organics Summons
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| Tuesday, November 07, 2023 | ||
| 5 | 5
Summons Issued as to Revive Organics, Inc. (ahil) [Transferred from South Carolina on 4/26/2024.]
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| 4 | 4
Summons Issued as to Miski Organics Superfoods, Inc.(ahil) [Transferred from South Carolina on 4/26/2024.]
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| Monday, November 06, 2023 | ||
| 3 | 3
Local Rule 26.01 Answers to Interrogatories by Toni Barber.(ahil) [Transferred from South Carolina on 4/26/2024.]
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| 1 | 1
12
pgs
COMPLAINT against John Doe Importers and Suppliers 1-10, Miski Organics Superfoods, Inc., Revive Organics, Inc. ( Filing fee $ 402 receipt number ASCDC-11413197.), filed by Toni Barber. Service due by 2/5/2024(ahil) [Transferred from South Carolina on 4/26/2024.]
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