Winston et al v. The Hershey Company

New York Eastern District Court
Judge:	Eric N Vitaliano
Referred:	James Orenstein
Case #:	1:19-cv-03735
Nature of Suit	370 Torts - Personal Property - Other Fraud
Cause	28:1332 Diversity-Fraud

Case Filed:	Jun 26, 2019
Terminated:	Oct 27, 2020

Docket
Parties (3)

Last checked: Monday Dec 23, 2019 4:21 AM EST

Defendant The Hershey Company	Represented By Dennis C. Hopkins Perkins Coie LLP contact info
Plaintiff Curtis Winston	Represented By Spencer I. Sheehan Sheehan & Associates, P.C. contact info
TERMINATED PARTIES
Plaintiff Jane Doe Terminated: 12/09/2019	Represented By Spencer I. Sheehan Sheehan & Associates, P.C. contact info

Docket last updated: 05/09/2025 11:59 PM EDT

Tuesday, October 27, 2020
27		27 order Judgment Wed 10/28 1:58 PM JUDGMENT: ORDERED and ADJUDGED that defendants motion to dismiss for failure to state a claim is granted in its entirety; and that leave to amend is denied. Signed Douglas C. Palmer, Clerk of Court by Jalitza Poveda, Deputy Clerk on 10/27/2020. (Almonte, Giselle) Related: [-]
Monday, October 26, 2020
26		26 16 pgs order Order on Motion to Dismiss for Failure to State a Claim Mon 10/26 5:13 PM ORDER granting14 Motion to Dismiss for Failure to State a Claim. For the reasons stated in the attached order, defendant's motion to dismiss for failure to state a claim is granted in its entirety. Given the nature of the case and the bases of decision, any attempted amendment would be futile, and, for that reason, leave to amend shall not be granted. The Clerk of Court is directed to enter judgment accordingly and to close this case. Ordered by Judge Eric N. Vitaliano on 10/26/2020. (Guo, Alicia) Related: [-]
Monday, June 29, 2020
25		25 notice Notice of Appearance Mon 06/29 12:46 PM NOTICE of Appearance by Cheryl Zak Lardieri on behalf of The Hershey Company (notification declined or already on case) (Lardieri, Cheryl) Related: [-]
Wednesday, June 24, 2020
24		24 motion Appear Pro Hac Vice Wed 06/24 11:58 AM MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12970652. by The Hershey Company. (Lardieri, Cheryl) Related: [-]
		Att: 1 Affidavit in Support,
		Att: 2 Certificates of Good Standing
		order Order on Motion for Leave to Appear Pro Hac Vice Wed 06/24 3:39 PM ORDER granting24 Motion for Leave to Appear Pro Hac Vice -- Attorney Cheryl Zak Lardieri, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By July 1, 2020, Ms. Lardieri shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Lardieri shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Lardieri shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 6/24/2020. (Walker, Anna) Related: [-]
Monday, June 15, 2020
23		23 motion Adjourn Conference Mon 06/15 3:30 PM Joint MOTION to Adjourn Conference by The Hershey Company. (Hopkins, Dennis) Related: [-]
		order Order on Motion to Adjourn Conference Mon 06/15 4:40 PM ORDER granting23 Motion to Adjourn Conference -- The motion is granted. The telephonic initial conference previously scheduled for June 18, 2020 is adjourned without date pending resolution of the motion to dismiss. Ordered by Magistrate Judge James Orenstein on 6/15/2020. (Walker, Anna) Related: [-]
Wednesday, June 10, 2020
		order Scheduling Order Wed 06/10 12:11 PM SCHEDULING ORDER -- Due to a conflict in the court's calendar, the telephonic initial conference previously scheduled for June 18, 2020, at 10:30 a.m. is rescheduled for June 18, 2020, at 9:30 a.m. The call-in information for the conference remains the same. Ordered by Magistrate Judge James Orenstein on 6/10/2020. (Walker, Anna) Related: [-]
Tuesday, June 09, 2020
22		22 notice Notice(Other) Tue 06/09 8:37 PM NOTICE by The Hershey Company re14 MOTION to Dismiss for Failure to State a Claim Second Notice of Supplemental Authority (Hopkins, Dennis) Related: [-]
Saturday, April 18, 2020
21		21 respoth Reply in Opposition Sat 04/18 11:18 PM REPLY in Opposition re20 Notice(Other) of Supplemental Authority of Defendant filed by Curtis Winston. (Sheehan, Spencer) Related: [-]
Tuesday, April 14, 2020
20		20 notice Notice(Other) Tue 04/14 1:42 PM NOTICE by The Hershey Company re14 MOTION to Dismiss for Failure to State a Claim Notice of Supplemental Authority (Hopkins, Dennis) Related: [-]
		Att: 1 Attachment 1,
		Att: 2 Attachment 2
19		19 motion Adjourn Conference Tue 04/14 1:11 PM Joint MOTION to Adjourn Conference by Jane Doe, Curtis Winston. (Sheehan, Spencer) Related: [-]
		order Scheduling Order Tue 04/14 12:06 PM SCHEDULING ORDER -- The initial conference scheduled for April 16, 2020, at 9:30 a.m. is converted to a telephone conference. I respectfully direct all counsel to call 1-877-336-1839 five minutes before the scheduled start of the conference and use access code 391-4302. Any party experiencing difficulty accessing the telephone conference should contact chambers by email at[LINK:Orenstein_Chambers@nyed.uscourts.gov] . Ordered by Magistrate Judge James Orenstein on 4/14/2020. (Walker, Anna) Related: [-]
		order Order on Motion to Adjourn Conference Tue 04/14 3:04 PM ORDER granting19 Motion to Adjourn Conference -- The motion is granted; the telephonic initial conference previously scheduled for April 16, 2020 is rescheduled for June 18, 2020 at 10:30 a.m. The call-in information for the conference remains the same. Ordered by Magistrate Judge James Orenstein on 4/14/2020. (Walker, Anna) Related: [-]
Thursday, February 27, 2020
18		18 respm Affidavit/Declaration in Support of Motion Thu 02/27 5:21 PM AFFIDAVIT/DECLARATION in Support re14 MOTION to Dismiss for Failure to State a Claim filed by The Hershey Company. (Hopkins, Dennis) Related: [-]
		Att: 1 Exhibits A-C to the Declaration
17		17 respoth Reply in Support Thu 02/27 5:12 PM REPLY in Support re14 MOTION to Dismiss for Failure to State a Claim filed by The Hershey Company. (Hopkins, Dennis) Related: [-]
16		16 30+ pgs respoth Memorandum in Opposition Thu 02/27 5:09 PM MEMORANDUM in Opposition re14 MOTION to Dismiss for Failure to State a Claim filed by The Hershey Company. (Hopkins, Dennis) Related: [-]
15		15 30+ pgs respoth Memorandum in Support Thu 02/27 5:06 PM MEMORANDUM in Support re14 MOTION to Dismiss for Failure to State a Claim filed by The Hershey Company. (Hopkins, Dennis) Related: [-]
14		14 motion Dismiss for Failure to State a Claim Thu 02/27 5:01 PM MOTION to Dismiss for Failure to State a Claim by The Hershey Company. (Hopkins, Dennis) Related: [-]
Monday, December 16, 2019
13		13 misc Letter Mon 12/16 12:21 PM Letter / Joint Letter to the Hon. Eric N. Vitaliano Re: Proposed Briefing Schedule for the Motion to Dismiss by The Hershey Company (Hopkins, Dennis) Related: [-]
		order Order(Other) Mon 12/16 1:08 PM ORDER: The parties' joint proposed briefing schedule at13 is adopted. Defendant shall serve its opening papers by January 16, 2020. Plaintiff shall serve his opposition papers by February 13, 2020. Defendant shall serve its reply papers by February 27, 2020. The fully-briefed motion shall be filed on ECF in accordance with Individual Rule III.D (the "Bundling Rule") by February 27, 2020. Ordered by Judge Eric N. Vitaliano on 12/16/2019. (LoMonaco, Anthony) Related: [-]
Tuesday, December 10, 2019
12		12 motion Adjourn Conference Tue 12/10 4:31 PM Letter MOTION to Adjourn Conference and Stay Discovery by The Hershey Company. (Hopkins, Dennis) Related: [-]
		order Order on Motion to Adjourn Conference Order(Other) 1 - Terminate Hearings Tue 12/10 5:35 PM ORDER granting12 Motion to Adjourn Conference -- The motion is granted on consent. The initial conference previously scheduled for December 19, 2019 is rescheduled for April 16, 2020, at 9:30 a.m. in Courtroom 11D South. Discovery is stayed pending the resolution of the defendant's forthcoming motion to dismiss and the court's decision on that anticipated motion. Ordered by Magistrate Judge James Orenstein on 12/10/2019. (Walker, Anna) Related: [-]
Monday, December 09, 2019
11		11 1 pgs order Order Dismissing Parties Mon 12/09 2:43 PM Order: As per10 NOTICE of Voluntary Dismissal, Plaintiff Jane Doe's (individually and on behalf of all others similarly situated) claims are hereby voluntarily dismissed. The Clerk of Court is directed to terminated Jane Doe as a party. So Ordered by Judge Eric N. Vitaliano on 12/6/2019. (Almonte, Giselle) Related: [-]
Thursday, December 05, 2019
10		10 notice Notice of Voluntary Dismissal Thu 12/05 3:07 PM NOTICE of Voluntary Dismissal by Jane Doe, Curtis Winston of negligent misrepresentation claims (Winston) and all claims asserted by Jane Doe as placeholder for non-New York plaintiffs (Sheehan, Spencer) Related: [-]
Monday, December 02, 2019
		order Order on Motion for Pre Motion Conference Mon 12/02 10:30 AM ORDER denying6 Motion for Pre-Motion Conference. Upon review of the parties' submissions at6 and9 , the Court concludes that a pre-motion conference is unnecessary. Defendant may proceed with its motion to dismiss. The parties are directed to file a joint proposed briefing schedule no later than December 16, 2019. Ordered by Judge Eric N. Vitaliano on 12/2/2019. (LoMonaco, Anthony) Related: [-]
Monday, November 25, 2019
9		9 4 pgs respoth Memorandum in Opposition Mon 11/25 7:21 PM MEMORANDUM in Opposition re6 Letter MOTION for pre motion conference Letter-Motion filed by Jane Doe, Curtis Winston. (Sheehan, Spencer) Related: [-]
Thursday, November 21, 2019
8		8 order Scheduling Order Thu 11/21 2:50 PM SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on, December 19, 2019, at 10:30 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than December 17, 2019, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Each party's counsel must be personally prepared to discuss all factual and legal issues in the case, including the possibility of settlement; otherwise, the client must attend in person as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 11/21/2019. (Guy, Alicia) Related: [-]
Monday, November 18, 2019
7		7 misc Corporate Disclosure Statement Mon 11/18 5:58 PM Corporate Disclosure Statement by The Hershey Company (Hopkins, Dennis) Related: [-]
6		6 motion Pre Motion Conference Mon 11/18 5:57 PM Letter MOTION for pre motion conference by The Hershey Company. (Hopkins, Dennis) Related: [-]
Wednesday, September 18, 2019
5		5 service Waiver of Service Executed Wed 09/18 11:36 AM WAIVER OF SERVICE Returned Executed by Curtis Winston, Jane Doe. The Hershey Company waiver sent on 9/18/2019, answer due 11/18/2019. (Sheehan, Spencer) Related: [-]
Thursday, June 27, 2019
4		4 misc Quality Control Check - Attorney Case Opening Thu 06/27 10:48 AM This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) Related: [-]
3		3 misc Clerks Notice of Rule 73 Thu 06/27 10:47 AM In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) Related: [-]
Wednesday, June 26, 2019
2		2 service Summons Issued Thu 06/27 10:47 AM Summons Issued as to The Hershey Company. (Bowens, Priscilla) Related: [-]
1		1 cmp Complaint Wed 06/26 9:33 PM COMPLAINT against The Hershey Company filing fee $ 400, receipt number ANYEDC-11613096 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Curtis Winston, Jane Doe. (Sheehan, Spencer) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Proposed Summons
		utility Case Assigned/Reassigned Thu 06/27 10:43 AM Case assigned to Judge Eric N. Vitaliano and Magistrate Judge James Orenstein. 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. (Bowens, Priscilla) Related: [-]

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