Millman v. Mars Inc.
| New York Eastern District Court | |
| Judge: | Lashann Dearcy Hall |
| Referred: | Steven I Locke |
| Case #: | 2:23-cv-00079 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-(Citizenship) |
| Case Filed: | Jan 05, 2023 |
| Terminated: | Aug 12, 2024 |
| Last checked: Wednesday Jul 05, 2023 4:33 AM EDT |
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Defendant
Mars Inc.
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Represented By
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Plaintiff
Arlene Millman
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Represented By
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| Docket last updated: 08/29/2025 11:59 PM EDT |
| Monday, August 12, 2024 | ||
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order
~Util - Terminate Civil Case
Mon 08/12 4:58 PM
Civil Case Terminated. (DLMP) |
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| Tuesday, August 06, 2024 | ||
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order
Order Dismissing Case
Tue 08/06 4:11 PM
ORDER: In light of Plaintiff's notice of voluntary dismissal30 , made pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the Clerk of Court is respectfully directed to close the case. Ordered by Judge LaShann DeArcy Hall on 8/6/2024. (CG) |
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| Thursday, August 01, 2024 | ||
| 30 | 30
notice
Notice of Voluntary Dismissal
Thu 08/01 3:10 PM
NOTICE of Voluntary Dismissal by Shelby Cooper, Samantha Horton, Arlene Millman, Steven Prescott with prejudice (Roberts, Max) |
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| Thursday, May 16, 2024 | ||
| 29 | 29
motion
Vacate
Thu 05/16 4:39 PM
Joint MOTION to Vacate hearing scheduled for May 17, 2024 at 3:00 p.m. by Mars Inc.. (Levitt, Jamie) |
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order
Order on Motion to Vacate 1 - Terminate Hearings
Thu 05/16 11:05 PM
SCHEDULING ORDER: The parties' motion to adjourn the oral argument29 is GRANTED. The oral argument scheduled for May 17, 2024, before Judge LaShann DeArcy Hall has been ADJOURNED sine die . Ordered by Judge LaShann DeArcy Hall on 5/16/2024. (CG) |
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| Tuesday, April 09, 2024 | ||
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order
Scheduling Order
Tue 04/09 4:33 PM
SCHEDULING ORDER: The Pre-Motion Conference scheduled for November 16, 2023, before Judge LaShann DeArcy Hall has been ADJOURNED sine die . Oral argument regarding Defendant's motion to dismiss shall be held before Judge LaShann DeArcy Hall on May 17, 2024, at 3:00 p.m. in Courtroom 4H North. Ordered by Judge LaShann DeArcy Hall on 4/9/2024. (CG) |
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| Friday, March 15, 2024 | ||
| 28 | 28
notice
Notice(Other)
Fri 03/15 4:59 PM
NOTICE by Mars Inc. re27 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss for Failure to State a Claim of Supplemental Authority (Levitt, Jamie) |
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Att: 1
Exhibit A - Kell v. Lilys Sweets, LLC
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| Friday, March 08, 2024 | ||
| 27 | 27
motion
Dismiss/Lack of Jurisdiction Dismiss for Failure to State a Claim
Fri 03/08 4:34 PM
MOTION to Dismiss for Lack of Jurisdiction and , MOTION to Dismiss for Failure to State a Claim by Mars Inc.. (Levitt, Jamie) |
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Att: 1
Memorandum in Support Of Defendant's Motion to Dismiss,
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Att: 2
Declaration Declaration of Jamie A. Levitt in Support of Defendant Mars, Incorporated's Motion to Dismiss Plaintiffs' Consolidated Amended Complaint,
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Att: 3
Exhibit A - FDA Announces Action Levels for Lead in Categories of Processed Baby Foods,
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Att: 4
Exhibit B - Supporting Document for Recommended Maximum Level for Lead in Candy Likely to Be Consumed Frequently by Small Children,
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Att: 5
Exhibit C - Environmental Contaminants in Food,
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Att: 6
Exhibit D - Lead in Food and Foodwares,
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Att: 7
Exhibit E - FDA Total Diet Study (TDS) FY2018-FY2020 Report Supplement: Summary of Analytical Results,
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Att: 8
Exhibit F - FDA Announces New Actions Aimed at Further Reducing Toxic Elements in Food for Babies, Young Children,
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Att: 9
Exhibit G - Closer to Zero: Reducing Childhood Exposure to Contaminants from Foods,
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Att: 10
Exhibit H - Department of Health and Human Services, Fiscal Year 2023 Justification of Estimates for Appropriations Committees,
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Att: 11
Exhibit I - List of Selected Chemicals in the Food Supply Under FDA Review,
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Att: 12
Exhibit J - About Proposition 65,
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Att: 13
Exhibit K - Proposition 65 Maximum Allowable Daily Level for Reproductive Toxicity for Cadmium (Oral Route),
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Att: 14
Exhibit L - Proposition 65 Enforcement Reporting Frequently Asked Questions,
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Att: 15
Exhibit M - As You Sow v. Trader Joes Co., Dkt. No. CGC-15-548791,
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Att: 16
Exhibit N - Letter by Deputy Attorney General Susan S. Fiering and Attorney General Xavier Becerra regarding Proposition 65 Notices 2020-1830, 1836, 1387, 1838, 1840,
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Att: 17
Exhibit O - Letter by Supervising Deputy Attorney General Harrison M. Pollak and Attorney General Xavier Becerra,
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Att: 18
Exhibit P - Lead and Cadmium Could be in Your Dark Chocolate,
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Att: 19
Exhibit Q - Closer to Zero - Trends In Exposure To Toxic Elements From Foods For Babies & Young Children,
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Att: 20
Exhibit R - Consumer Reports Test Methodology Heavy Metals in Chocolate Bars,
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Att: 21
Exhibit S - FDA Releases Action Plan for Reducing Exposure to Toxic Elements from Foods for Babies, Young Children,
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Att: 22
Exhibit T - Guidance for Industry: Letter to Manufacturers, Importers, and Distributors of Imported Candy and Candy Wrappers,
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Att: 23
Memorandum in Opposition Plaintiffs' Opposition to Defendant's Motion to Dismiss Consolidated Class Action Complaint,
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Att: 24
Memorandum in Opposition Plaintiffs' Opposition to Defendant's Request for Judicial Notice,
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Att: 25
Supplement Plaintiffs' Notice of Supplemental Authority,
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Att: 26
Memorandum in Support Defendant's Memorandum of Law in Further Support of Motion to Dismiss,
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Att: 27
Memorandum in Support Defendant Mars, Incorporated's Reply in Further Support of Its Request for Judicial Notice
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| Tuesday, March 05, 2024 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Tue 03/05 11:36 AM
SCHEDULING ORDER: Defendant's request, made on consent, for an extension of time to file its reply brief in support of its motion to dismiss26 is GRANTED. Defendant shall file its reply brief on or before March 8, 2024. Ordered by Judge LaShann DeArcy Hall on 3/5/2024. (CG) |
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| Monday, March 04, 2024 | ||
| 26 | 26
motion
Extension of Time to File Response/Reply
Mon 03/04 12:46 PM
Letter MOTION for Extension of Time to File Response/Reply in Support of Defendant Mars, Inc.'s Motion to Dismiss to March 8, 2024 by Mars Inc.. (Levitt, Jamie) |
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| Tuesday, February 13, 2024 | ||
| 25 | 25
notice
Notice of Appearance
Tue 02/13 3:15 PM
NOTICE of Appearance by Ryan Clarkson on behalf of Shelby Cooper, Samantha Horton, Arlene Millman, Steven Prescott (aty to be noticed) (Clarkson, Ryan) |
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| Wednesday, November 01, 2023 | ||
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order
Order on Motion for Leave to Appear Pro Hac Vice
Wed 11/01 11:07 AM
Electronic ORDER granting DE21 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge Steven I. Locke on 11/1/2023. (AGB) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Wed 11/01 11:08 AM
Electronic ORDER granting DE23 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge Steven I. Locke on 11/1/2023. (AGB) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Wed 11/01 11:10 AM
Electronic ORDER granting DE24 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Magistrate Judge Steven I. Locke on 11/1/2023. (AGB) |
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| Thursday, October 19, 2023 | ||
| 24 | 24
motion
Appear Pro Hac Vice
Thu 10/19 8:28 PM
MOTION to Appear Pro Hac Vice OF BAHAR SODAIFY Filing fee $ 150, receipt number ANYEDC-17201926 by Shelby Cooper, Samantha Horton, Arlene Millman, Steven Prescott. (Sodaify, Bahar) |
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Att: 1
Affidavit in Support OF MOTION TO ADMIT COUNSEL PRO HAC VICE,
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Att: 2
Certificate of Good Standing
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| Wednesday, October 18, 2023 | ||
| 23 | 23
motion
Appear Pro Hac Vice
Wed 10/18 11:43 PM
MOTION to Appear Pro Hac Vice OF RYAN ARDI Filing fee $ 150, receipt number ANYEDC-17197618 by Shelby Cooper, Samantha Horton, Arlene Millman, Steven Prescott. (Ardi, Ryan) |
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Att: 1
Affidavit in Support OF MOTION TO ADMIT COUNSEL PRO HAC VICE,
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Att: 2
Certificate of Good Standing
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| 22 | 22
notice
Notice of Appearance
Wed 10/18 10:16 AM
NOTICE of Appearance by Adam James Hunt on behalf of Mars Inc. (aty to be noticed) (Hunt, Adam) |
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order
Scheduling Order 1 - Terminate Hearings
Wed 10/18 11:17 AM
ORDER: The pre-motion conference scheduled for October 18, 2023 is ADJOURNED to November 16, 2023, at 3:30 p.m., in Courtroom 4H North. Ordered by Judge LaShann DeArcy Hall on 10/18/2023. (CG) |
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| Tuesday, October 17, 2023 | ||
| 21 | 21
motion
Appear Pro Hac Vice
Tue 10/17 10:41 PM
MOTION to Appear Pro Hac Vice OF ALAN GUDINO Filing fee $ 150, receipt number ANYEDC-17193086 by Shelby Cooper, Samantha Horton, Arlene Millman, Steven Prescott. (Gudino, Alan) |
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Att: 1
Affidavit in Support OF MOTION TO ADMIT COUNSEL PRO HAC VICE,
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Att: 2
Certificate of Good Standing
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| Wednesday, October 11, 2023 | ||
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order
Order on Motion for Pre Motion Conference
Wed 10/11 10:40 AM
ORDER: Defendant Mars, Incorporated's request for a pre-motion conference19 is GRANTED. A pre-motion conference shall be held on October 18, 2023, at 4:30 p.m., in Courtroom 4H North. Ordered by Judge LaShann DeArcy Hall on 10/11/2023. (CG) |
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| Wednesday, August 30, 2023 | ||
| 20 | 20
respm
Response in Opposition to Motion
Wed 08/30 2:15 PM
RESPONSE in Opposition re19 Letter MOTION for pre motion conference regarding a motion to dismiss the Amended Complaint (ECF No. 17) filed by Shelby Cooper, Samantha Horton, Arlene Millman, Steven Prescott. (Roberts, Max) |
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| Wednesday, August 23, 2023 | ||
| 19 | 19
motion
Pre Motion Conference
Wed 08/23 5:31 PM
Letter MOTION for pre motion conference regarding a motion to dismiss the Amended Complaint (ECF No. 17) by Mars Inc.. (Levitt, Jamie) |
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| Wednesday, July 26, 2023 | ||
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order
Order on Motion for Extension of Time to Answer
Wed 07/26 9:35 AM
Electronic ORDER granting DE18 Motion for Extension of Time to Answer. On consent, the deadline for Defendant to answer or otherwise respond to the Amended Complaint is extended to and including 8/23/2023. Ordered by Magistrate Judge Steven I. Locke on 7/26/2023. (LP) |
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| Tuesday, July 25, 2023 | ||
| 18 | 18
motion
Extension of Time to File Answer
Tue 07/25 4:28 PM
MOTION for Extension of Time to File Answer re17 Amended Complaint by Mars Inc.. (Levitt, Jamie) |
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| Monday, July 24, 2023 | ||
| 17 | 17
cmp
Amended Complaint
Mon 07/24 3:21 PM
AMENDED COMPLAINT Consolidated Class Action Complaint against Mars Inc., filed by Arlene Millman, Steven Prescott, Shelby Cooper, Samantha Horton. (Roberts, Max) |
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| Friday, July 21, 2023 | ||
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order
Order on Motion to Consolidate Cases
Fri 07/21 12:47 PM
ORDER: Plaintiff's motion16 and Defendant's motion15 to consolidate Millman v. Mars, Inc., Case No. 2:23-cv-00079-LDH-SIL with Prescott v. Mars, Inc., Case No. 2:23-cv-04915-JMA-SIL, are GRANTED. Once the action is consolidated, Plaintiffs are directed to file a consolidated amended complaint on or before August 11, 2023. Ordered by Judge LaShann DeArcy Hall on 7/21/2023. (CG) |
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utility
Case Consolidated
Tue 07/25 11:13 AM
Case Consolidated. (ML) |
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| Friday, July 07, 2023 | ||
| 16 | 16
motion
Consolidate Cases
Fri 07/07 3:06 PM
MOTION to Consolidate Cases by Arlene Millman. (Roberts, Max) |
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| Thursday, June 01, 2023 | ||
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order
Order on Motion to Adjourn Conference
Thu 06/01 6:07 PM
ORDER: The parties' joint request15 that the Court adjourn the pre-motion conference scheduled for June 2, 2023 is GRANTED. The pre-motion conference scheduled for June 2, 2023 is ADJOURNED sine die . Ordered by Judge LaShann DeArcy Hall on 6/1/2023. (CG) |
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| Friday, May 26, 2023 | ||
| 15 | 15
motion
Consolidate Cases Adjourn Conference
Fri 05/26 11:54 AM
Joint MOTION to Consolidate Cases , Letter MOTION to Adjourn Conference by Mars Inc.. (Levitt, Jamie) |
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| Thursday, May 04, 2023 | ||
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order
Order on Motion to Adjourn Conference
Thu 05/04 2:53 PM
ORDER: Defendant's request14 to adjourn the pre-motion conference scheduled for May 5, 2023 is GRANTED. The pre-motion conference scheduled for May 5, 2023 is ADJOURNED to June 2, 2023, at 3:00 p.m., in Courtroom 4H North. Ordered by Judge LaShann DeArcy Hall on 5/4/2023. (CG) |
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| Tuesday, May 02, 2023 | ||
| 14 | 14
motion
Adjourn Conference
Tue 05/02 12:01 PM
Letter MOTION to Adjourn Conference from May 5, 2023 to June 2, 2023 by Mars Inc.. (Levitt, Jamie) |
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| Friday, April 14, 2023 | ||
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order
Order on Motion for Pre Motion Conference
Fri 04/14 4:36 PM
ORDER: Defendant Mars, Incorporated's request for a pre-motion conference11 is GRANTED. A pre-motion conference shall be held on May 5, 2023, at 3:30 p.m., in Courtroom 4H North. Ordered by Judge LaShann DeArcy Hall on 4/14/2023. (CG) |
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| Friday, March 31, 2023 | ||
| 13 | 13
misc
Corporate Disclosure Statement
Fri 03/31 5:13 PM
Corporate Disclosure Statement by Mars Inc. (Levitt, Jamie) |
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| Tuesday, March 28, 2023 | ||
| 12 | 12
respm
Response in Opposition to Motion
Tue 03/28 2:08 PM
RESPONSE in Opposition re11 Letter MOTION for pre motion conference regarding a motion to dismiss the Complaint in this action filed by Arlene Millman. (Roberts, Max) |
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| Tuesday, March 21, 2023 | ||
| 11 | 11
motion
Pre Motion Conference
Tue 03/21 5:11 PM
Letter MOTION for pre motion conference regarding a motion to dismiss the Complaint in this action by Mars Inc.. (Levitt, Jamie) |
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| Monday, March 20, 2023 | ||
| 10 | 10
notice
Notice of Appearance
Mon 03/20 5:38 PM
NOTICE of Appearance by Mark S. Reich on behalf of Arlene Millman (aty to be noticed) |
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| 9 | 9
notice
Notice of Appearance
Mon 03/20 5:37 PM
NOTICE of Appearance by Courtney Elizabeth Maccarone on behalf of Arlene Millman (aty to be noticed) (Maccarone, Courtney) |
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| Friday, January 27, 2023 | ||
| 8 | 8
service
Summons Returned Executed
Fri 01/27 2:06 PM
SUMMONS Returned Executed by Arlene Millman. Mars Inc. served on 1/12/2023, answer due 3/21/2023. (Roberts, Max) |
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| Thursday, January 26, 2023 | ||
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order
Order on Motion for Extension of Time to Answer
Thu 01/26 9:37 AM
Electronic ORDER granting DE7 Motion for Extension of Time to Answer. On consent, the deadline for Defendant to answer or otherwise respond to the Complaint is extended to and including March 21, 2023. Ordered by Magistrate Judge Steven I. Locke on 1/26/2023. (LP) |
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| Wednesday, January 25, 2023 | ||
| 7 | 7
motion
Extension of Time to File Answer
Wed 01/25 3:03 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint to March 21, 2023 by Mars Inc.. (Levitt, Jamie) |
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| Friday, January 06, 2023 | ||
| 6 | 6
service
Summons Issued
Fri 01/06 12:25 PM
Summons Issued as to All Defendants. (JM) |
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| 5 | 5
misc
Clerks Notice of Rule 73
Fri 01/06 12:14 PM
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. (JM) |
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| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Fri 01/06 11:57 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (JM) |
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utility
Case Assigned/Reassigned
Fri 01/06 12:12 PM
Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Steven I. Locke. 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. (JM) |
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| Thursday, January 05, 2023 | ||
| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Thu 01/05 7:05 PM
Proposed Summons. Re1 Complaint by Arlene Millman (Roberts, Max) |
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| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Thu 01/05 7:04 PM
Civil Cover Sheet.. Re1 Complaint by Arlene Millman (Roberts, Max) |
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| 1 | 1
23
pgs
cmp
Complaint
Thu 01/05 7:03 PM
COMPLAINT against Mars Inc. filing fee $ 402, receipt number ANYEDC-16282581 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Arlene Millman. (Roberts, Max) |
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