Doe et al v. Daedone et al
| New York Eastern District Court | |
| Judge: | Nicholas G Garaufis |
| Referred: | Joseph A Marutollo |
| Case #: | 1:24-cv-04434 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1331 Fed. Question: Personal Injury |
| Case Filed: | Jun 21, 2024 |
| Last checked: Wednesday Dec 18, 2024 4:22 AM EST |
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Defendant
Anjuli Ayer
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Represented By
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Defendant
Austin Ayer
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Represented By
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Defendant
Rachel Cherwitz
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Represented By
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Defendant
Nicole Daedone
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Represented By
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Defendant
Amanda Dunham
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Represented By
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Defendant
Rachael Hemsi
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Represented By
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Defendant
OneTaste Inc.
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Represented By
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Plaintiff
Jane Doe
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Represented By
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Plaintiff
Mark Gottlieb
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Represented By
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Plaintiff
Kara Doe
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Represented By
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Plaintiff
Michal Doe
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Represented By
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| Docket last updated: 2 hours ago |
| Friday, February 28, 2025 | ||
| 22 | 22
misc
Status Report
Fri 02/28 1:35 PM
STATUS REPORT by Jane Doe, Kara Doe, Michal Doe, Mark Gottlieb (Dean, Zahra) |
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order
~Util - Set Deadlines
Fri 02/28 5:57 PM
STATUS REPORT ORDER - The parties shall file a joint status report at the conclusion of the parallel criminal trial, or by June 9, 2025, whichever is earlier. Ordered by Magistrate Judge Joseph A. Marutollo on 2/28/2025. (PCM) |
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| Thursday, December 05, 2024 | ||
| 21 | 21
misc
Status Report
Thu 12/05 5:33 PM
STATUS REPORT by Amanda Dunham, OneTaste Inc., Jane Doe, Michal Doe, Kara Doe, Mark Gottlieb, Nicole Daedone, Rachael Hemsi (Dean, Zahra) |
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order
Status Report Order
Thu 12/05 10:05 PM
STATUS REPORT ORDER - The parties shall file a joint status report at the conclusion of the parallel criminal trial, or by February 28, 2025, whichever is earlier. Ordered by Magistrate Judge Joseph A. Marutollo on 12/5/2024. (JAM) |
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| Saturday, October 26, 2024 | ||
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order
Order on Motion to Stay
Sat 10/26 11:46 PM
ORDER granting in part and denying in part20 Motion to Stay. "The power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants." Louis Vuitton Malletier S.A. v. LY USA, Inc., 676 F.3d 83, 96 (2d Cir. 2012) (quoting Landis v. N. Am. Co., 299 U.S. 248, 254 (1936)). In light of the parties' agreement at Dkt. No.20 , and in light of the ongoing criminal case involving defendants Cherwitz and Daedone (See United States v. Cherwitz, et al., No. 23-CR-146 (DG) (E.D.N.Y.) ("the Criminal Action"), the Court stays discovery at this time. The parties shall file a joint status report regarding any updates as to the scheduling of the Criminal Action by December 5, 2024. Defendants' deadline to respond to the Complaint is extended until thirty (30) days from the date on which the Court lifts the stay. By October 28, 2024, Plaintiff shall identify each and every Doe Plaintiff to Defendants. Ordered by Magistrate Judge Joseph A. Marutollo on 10/26/2024. (JAM) |
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| Friday, October 25, 2024 | ||
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motion
Stay
Fri 10/25 1:38 PM
MOTION to Stay Proceedings by Jane Doe, Michal Doe, Kara Doe, Mark Gottlieb. (Dean, Zahra) |
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| 19 | 19
misc
Corporate Disclosure Statement
Fri 10/25 1:17 PM
Corporate Disclosure Statement by Amanda Dunham, OneTaste Inc., Nicole Daedone, Rachel Cherwitz, Rachael Hemsi, Anjuli Ayer, Austin Ayer (Grosz, Edward) |
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| 18 | 18
notice
Notice of Appearance
Fri 10/25 1:13 PM
NOTICE of Appearance by Edward P. Grosz on behalf of All Defendants (aty to be noticed) (Grosz, Edward) |
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| Friday, October 18, 2024 | ||
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order
Order(Other) ~Util - Set Deadlines
Fri 10/18 1:03 PM
ORDER: re17 . Plaintiffs indicate that their process server attempted to serve Defendants Anjuli Ayer, Austin Ayer, and Amanda Dunham ("Unserved Defendants") at their believed-to-be current addresses--18501 Van Zandt Resort Road, Philo, California 95466but was denied entry because the residence is located in a gated community. See Dkt. No. 17-1 at 3. Under CPLR 308(2), a plaintiff may effect service on a defendant by delivery to a "person of suitable age and discretion" at the dwelling or abode of the person to be served and by mailing a copy of the documents to the same address by first class mail. See CPLR 308(2); see also Fed. R. Civ. P. 4(e)(1) (service on an individual located in the United States may be effected pursuant to the law of the forum state). Courts interpreting this provision have held that service upon a hotel manager or doorman at the place where defendant resides is sufficient where the doorman or manager "refuses to call upstairs." See MRS Prop. Invs., Inc. v. Bivona , No. 21-CV-1104(EK)(AYS), 2021 WL 1738329, at *3 (E.D.N.Y. May 3, 2021) (explaining that "New York law provides that a 'doorman is presumptively a person of suitable age and discretion.'" (citation omitted)); Howard Johnson Int'l, Inc. v. Wang , 7 F. Supp. 2d 336, 340 n.4 (S.D.N.Y. 1998) (holding that hotel manager was person of suitable age and discretion for purposes of CPLR 308(2) and Fed. R. Civ P. (e)(2))), aff'd , 181 F.3d 82 (2d Cir. 1999). By October 25, 2024, Plaintiffs shall file a letter explaining why service cannot be effected on the Unserved Defendants pursuant to CPLR 308(2) or, alternatively, via proper methods under California or federal law. Ordered by Magistrate Judge Joseph A. Marutollo on 10/18/2024. (EG) |
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| Monday, October 14, 2024 | ||
| 17 | 17
misc
Case Management Statement
Mon 10/14 4:07 PM
CASE MANAGEMENT STATEMENT FOR AN ORDER DIRECTING PERSONAL SERVICE BY ELECTRONIC MAIL UPON DEFENDANTS (Dean, Zahra) |
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Att: 1
Memorandum in Support,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Proposed Order
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| Friday, September 27, 2024 | ||
| 16 | 16
service
Summons Returned Executed
Fri 09/27 3:26 PM
SUMMONS Returned Executed by Kara Doe, Michal Doe, Jane Doe, Mark Gottlieb. Nicole Daedone served on 9/27/2024, answer due 10/18/2024. (Dean, Zahra) |
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| 15 | 15
service
Summons Returned Executed
Fri 09/27 3:23 PM
SUMMONS Returned Executed by Kara Doe, Michal Doe, Jane Doe, Mark Gottlieb. Rachel Cherwitz served on 9/26/2024, answer due 10/17/2024. (Dean, Zahra) |
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| Wednesday, September 18, 2024 | ||
| 14 | 14
motion
Extension of Time to File Document
Wed 09/18 9:16 PM
MOTION for Extension of Time to File Proofs of Service by Jane Doe, Kara Doe, Michal Doe, Mark Gottlieb. (Dean, Zahra) |
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Att: 1
Declaration,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3,
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Att: 5
Exhibit 4,
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Att: 6
Exhibit 5,
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Att: 7
Exhibit 6,
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Att: 8
Exhibit 7,
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Att: 9
Exhibit 8,
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Att: 10
Exhibit 9
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| 13 | 13
service
Summons Returned Executed
Wed 09/18 2:31 PM
SUMMONS Returned Executed by Kara Doe, Michal Doe, Jane Doe, Mark Gottlieb. Rachael Hemsi served on 9/5/2024, answer due 9/26/2024. (Dean, Zahra) |
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order
Order on Motion for Extension of Time to File
Wed 09/18 10:32 PM
ORDER granting14 Plaintiffs shall file proofs of service for Defendants Nicole Daedone, Rachel Cherwitz, Anjuli Ayer, Austin Ayer, Amanda Dunham, and OneTaste Inc. by November 28, 2024. Plaintiffs shall file a status report regarding service by October 14, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 9/18/2024. (JAM) |
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| Monday, September 16, 2024 | ||
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order
~Util - Set Deadlines
Mon 09/16 10:37 AM
ORDER: Per the Court's August 22, 2024 Order, Plaintiffs were to serve Defendants with the Summons, Complaint, and the Court's August 22, 2024 Order permitting Plaintiffs to Proceed Pseudonymously by September 4, 2024. Plaintiffs shall file proofs of service by September 18, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 9/16/2024. (EG) |
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| Friday, August 30, 2024 | ||
| 12 | 12
service
Summons Issued
Fri 08/30 9:41 AM
Summons Issued as to Anjuli Ayer, Austin Ayer, Rachel Cherwitz, Nicole Daedone, Amanda Dunham, Rachael Hemsi, OneTaste Inc. (TLH) |
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| Thursday, August 29, 2024 | ||
| 11 | 11
misc
Proposed Summons/Civil Cover Sheet
Thu 08/29 2:34 PM
Proposed Summons. by Jane Doe, Kara Doe, Michal Doe, Mark Gottlieb (Dean, Zahra) |
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| Thursday, August 22, 2024 | ||
| 10 | 10
10
pgs
order
Order on Motion for Protective Order
Thu 08/22 6:10 PM
ORDER granting9 Motion for Protective Order Permitting Certain Plaintiffs to Proceed Pseudonymously. For the reasons set forth in the attached, Plaintiffs' motion is granted. Ordered by Magistrate Judge Joseph A. Marutollo on 8/22/2024. (KAR) |
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| Thursday, June 27, 2024 | ||
| 9 | 9
motion
Protective Order
Thu 06/27 3:33 PM
Notice of MOTION for Protective Order by Jane Doe, Kara Doe, Michal Doe, Mark Gottlieb. (Dean, Zahra) |
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Att: 1
Memorandum in Support
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| Wednesday, June 26, 2024 | ||
| 8 | 8
service
Summons Issued
Wed 06/26 5:27 PM
Summons Issued as to Austin Ayer, Rachel Cherwitz, Nicole Daedone, Rachael Hemsi, OneTaste Inc. (TLH) |
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| 7 | 7
misc
Proposed Summons/Civil Cover Sheet
Wed 06/26 12:48 PM
Proposed Summons. by Jane Doe, Kara Doe, Michal Doe, Mark Gottlieb (Dean, Zahra) |
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| 6 | 6
service
Summons Issued
Wed 06/26 11:55 AM
Summons Issued as to Anjuli Ayer, Amanda Dunham. (TLH) |
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| 5 | 5
misc
Proposed Summons/Civil Cover Sheet
Wed 06/26 11:47 AM
Proposed Summons. by Jane Doe, Kara Doe, Michal Doe, Mark Gottlieb (Dean, Zahra) |
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order
Order(Other)
Wed 06/26 7:51 PM
ORDER: Plaintiffs commenced this action proceeding pseudonymously against Defendants without seeking the Court's approval. See Dkt. No. 1. Accordingly, Plaintiffs are directed to file an amended complaint wherein Plaintiffs are identified by their full legal names by July 3, 2024 . Alternatively, Plaintiffs may file a motion to file the complaint under seal and/or proceed via pseudonym or initials, accompanied by a memorandum of law that provides the legal and factual basis for such relief. The memorandum of law--like any other document--may not be filed under seal in its entirety, but if necessary, a public, redacted version may be filed simultaneously with an under-seal, unredacted version. As with any redactions or sealed filing, the relief request must be narrowly tailored and specific. See, e.g., DXC Tech. Co. v. Hewlett Packard Enter. Co. , No. 19-CV-7954, 2019 WL 4621938, at *2 (S.D.N.Y. Sept. 11, 2019). The Clerk of Court is directed to vacate the summonses that were issued. See Dkt. Nos. 6, 8. The parties are reminded to comply with all applicable Federal and Local Civil Rules. Ordered by Magistrate Judge Joseph A. Marutollo on 6/26/2024. (KAR) |
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| Tuesday, June 25, 2024 | ||
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misc
Quality Control Check - Summons
Tue 06/25 4:24 PM
Your proposed summons was not issued for one of the following reason: No summons shall be issued for addresses containing P.O. Boxes. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (TLH) |
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| Monday, June 24, 2024 | ||
| 4 | 4
misc
Proposed Summons/Civil Cover Sheet
Mon 06/24 5:01 PM
Proposed Summons. by Jane Doe, Kara Doe, Michal Doe, Mark Gottlieb (Dean, Zahra) |
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Att: 1
Proposed Summons Nicole Daedone,
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Att: 2
Proposed Summons Rachel Cherwitz,
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Att: 3
Proposed Summons Rachael Hemsi,
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Att: 4
Proposed Summons Anjuli Ayer,
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Att: 5
Proposed Summons Austin Ayer,
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Att: 6
Proposed Summons Amanda Dunham,
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Att: 7
Proposed Summons OneTaste Inc.
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| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Mon 06/24 3:49 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Mon 06/24 3:49 PM
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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misc
Quality Control Check - Summons
Mon 06/24 3:49 PM
Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SDM) |
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| Friday, June 21, 2024 | ||
| 1 | 1
57
pgs
cmp
Complaint
Fri 06/21 7:14 PM
COMPLAINT against All Defendants filing fee $ 405, receipt number BNYEDC-18001134 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Kara -, Michal -, Jane Doe, Mark Gottlieb. (Dean, Zahra) |
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Att: 1
Civil Cover Sheet
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