Krista Cabiltes v. Loreal USA, Inc
| Krista Cabiltes |
| Loreal USA Inc and Does 1 through 10, inclusive |
| 1:2024cv00760 |
| January 29, 2024 |
| US District Court for the Northern District of Illinois |
| Mary M Rowland |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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| Filing 32 RECEIVED from California Central; Case Number 2:23-cv-05080 (MDL 3060) |
Filing 31
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, TRANSFER #25 by Judge Sherilyn Peace Garnett. The Court GRANTS Defendant's Motion insofar as it requests that the Court apply the first-to-file rule and transfer the case. This matter is hereby transferred to the United States District Court for the Northern District of Illinois for all further proceedings. Case transferred electronically. ( MD JS-6. Case Terminated ) (iv) [Transferred from California Central on 1/29/2024.]
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Filing 30
(IN CHAMBERS) ORDER TAKING THE MOTION at (DKT.NO. #25 ) UNDER SUBMISSION by Judge Sherilyn Peace Garnett: DEFENDANTS MOTION TO TRANSFER, OR IN THE ALTERNATIVE TO DISMISS and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Motion noticed for hearing on January 10, 2024, has been taken under submission and off calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY [Transferred from California Central on 1/29/2024.]
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Filing 29
ORDER GRANTING PLAINTIFF'S REQUEST TO APPEAR REMOTELY #28 by Judge Sherilyn Peace Garnett. Having considered Plaintiff, Krista Cabiltes' ("Plaintiff") request to Appear Remotely at the Hearing RE Defendant's Motion to Transfer Case, or in the Alternative, to Dismiss, the Request is hereby GRANTED. (rolm) [Transferred from California Central on 1/29/2024.]
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| Filing 28 First REQUEST for Leave of Leah Beligan, Jerusalem Beligan, Michael Fradin, James Simon to Appear for Remotely filed by plaintiff Krista Cabiltes. Request set for hearing on 1/10/2024 at 01:30 PM before Judge Sherilyn Peace Garnett. (Attachments: #1 Proposed Order) (Beligan, Leah) [Transferred from California Central on 1/29/2024.] |
| Filing 27 REPLY in support of NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Illinois, Eastern Division or in the alternative NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Defendant Loreal USA, Inc. (Reich, Adam) [Transferred from California Central on 1/29/2024.] |
| Filing 26 MEMORANDUM in Opposition to Defendant's Motion to Transfer Case, or in the Alternative, to Dismiss filed by Plaintiff Krista Cabiltes. (Attachments: #1 Declaration Declaration of Leah M. Beligan)(Beligan, Leah) [Transferred from California Central on 1/29/2024.] |
| Filing 25 NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Illinois, Eastern Division or in the alternative, NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Loreal USA, Inc. Motion set for hearing on 1/10/2024 at 01:30 PM before Judge Sherilyn Peace Garnett. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Transfer or in the Alternative to Dismiss, #2 Declaration of Jessica F. Medow, #3 Exhibit A to Medow Decl. - Consent Pop-Ups, #4 Exhibit B to Medow Decl. - Current Maybelline Privacy Policy, #5 Exhibit C to Medow Decl. - VTO Information Notice, #6 Exhibit D to Medow Decl. - Sept 2020 Maybelline Privacy Policy, #7 Declaration of Aaron Charfoos, #8 Request for Judicial Notice in Support of Motion to Transfer or in the Alternative to Dismiss, #9 Exhibit A to RJN - Kukovec Complaint, #10 Exhibit B to RJN - Ferguson Complaint, #11 Exhibit C to RJN - Ferguson Joint Motion to Stay, #12 Exhibit D to RJN - Ferguson Voluntary Dismissal, #13 Proposed Order) (Reich, Adam) [Transferred from California Central on 1/29/2024.] |
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Filing 24
ORDER by Judge Sherilyn Peace Garnett: Granting Application of Non-Resident Attorney Aaron Charfoos to Appear Pro Hac Vice on behalf of Defendant L'Oreal USA, Inc., designating Steven Marenberg as local counsel #23 . (iv) [Transferred from California Central on 1/29/2024.]
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| Filing 23 APPLICATION of Non-Resident Attorney Aaron D. Charfoos to Appear Pro Hac Vice on behalf of Defendant Loreal USA, Inc (Pro Hac Vice Fee - $500 Previously Paid on 9/14/2023, Receipt No. 36035872) filed by Defendant Loreal USA, Inc. (Attachments: #1 Proposed Order) (Marenberg, Steven) [Transferred from California Central on 1/29/2024.] |
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Filing 22
ORDER by Judge Sherilyn Peace Garnett: Granting Application of Non-Resident Attorney John Michels to Appear Pro Hac Vice on behalf of Defendant L'Oreal USA, Inc., designating Steven Marenberg as local counsel #17 . (iv) [Transferred from California Central on 1/29/2024.]
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| Filing 21 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Application to Appear Pro Hac Vice #16 by Judge Sherilyn Peace Garnett. For reasons stated in the Notice of Deficiencies filed at dkt. no. 20. Defendant to make necessary corrections on or before September 21, 2023. (iv) [Transferred from California Central on 1/29/2024.] |
| Filing 20 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Aaron D. Charfoos to Appear Pro Hac Vice on behalf of Defendant Loreal USA, Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36035872) #16 , APPLICATION of Non-Resident Attorney John J. Michels to Appear Pro Hac Vice on behalf of Defendant Loreal USA, Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36036034) #17 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) [Transferred from California Central on 1/29/2024.] |
| Filing 19 CORPORATE DISCLOSURE STATEMENT filed by Defendant Loreal USA, Inc identifying L'Oreal S.A. as Corporate Parent. (Reich, Adam) [Transferred from California Central on 1/29/2024.] |
| Filing 18 STIPULATION Extending Time to Answer the complaint as to Loreal USA, Inc answer now due 10/17/2023, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Loreal USA, Inc.(Reich, Adam) [Transferred from California Central on 1/29/2024.] |
| Filing 17 APPLICATION of Non-Resident Attorney John J. Michels to Appear Pro Hac Vice on behalf of Defendant Loreal USA, Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36036034) filed by Defendant Loreal USA, Inc. (Attachments: #1 Proposed Order) (Marenberg, Steven) [Transferred from California Central on 1/29/2024.] |
| Filing 16 APPLICATION of Non-Resident Attorney Aaron D. Charfoos to Appear Pro Hac Vice on behalf of Defendant Loreal USA, Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36035872) filed by Defendant Loreal USA, Inc. (Attachments: #1 Proposed Order) (Marenberg, Steven) [Transferred from California Central on 1/29/2024.] |
| Filing 15 NOTICE of Appearance filed by attorney Adam Michael Reich on behalf of Defendant Loreal USA, Inc (Attorney Adam Michael Reich added to party Loreal USA, Inc(pty:dft))(Reich, Adam) [Transferred from California Central on 1/29/2024.] |
| Filing 14 NOTICE of Appearance filed by attorney Steven A. Marenberg on behalf of Defendant Loreal USA, Inc (Attorney Steven A. Marenberg added to party Loreal USA, Inc(pty:dft))(Marenberg, Steven) [Transferred from California Central on 1/29/2024.] |
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Filing 13
ORDER by Judge Sherilyn Peace Garnett: Granting Application of Non-Resident Attorney Michael Fradin to Appear Pro Hac Vice on behalf of Plaintiff Krista Cabiltes, designating Leah Beligan as local counsel #12 . (iv) [Transferred from California Central on 1/29/2024.]
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| Filing 12 APPLICATION of Non-Resident Attorney Michael Fradin to Appear Pro Hac Vice on behalf of Plaintiff Krista Cabiltes (Pro Hac Vice Fee - $500 Previously Paid on 7/9/2023, Receipt No. 35634854) Krista Cabiltes. (Attachments: #1 Proposed Order) (Beligan, Leah) [Transferred from California Central on 1/29/2024.] |
| Filing 11 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Michael L. Fradin to Appear Pro Hac Vice on behalf of Plaintiff Krista Cabiltes (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35634854) #10 . The following error(s) was/were found: Case information is incomplete. DJ and MJ initials missing on application and proposed order. Please note DJ and MJ Notice of Assignment, dated 6/28/23, Dkt. 2. (lt) [Transferred from California Central on 1/29/2024.] |
| Filing 10 APPLICATION of Non-Resident Attorney Michael L. Fradin to Appear Pro Hac Vice on behalf of Plaintiff Krista Cabiltes (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35634854) filed by plaintiff Krista Cabiltes. (Attachments: #1 Proposed Order) (Beligan, Leah) [Transferred from California Central on 1/29/2024.] |
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Filing 9
STANDING ORDER upon filing of the complaint by Judge Sherilyn Peace Garnett. (pg) [Transferred from California Central on 1/29/2024.]
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Loreal USA, Inc. (lh) [Transferred from California Central on 1/29/2024.] |
| Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael L. Fradin. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) [Transferred from California Central on 1/29/2024.] |
| Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney James L. Simon. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) [Transferred from California Central on 1/29/2024.] |
| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: Other error(s) with document(s): Attachments No. 1 Civil Cover Sheet, No. 2 Notice of Interested Parties, and No. 3 Summons should not have been attached to Docket Entry No. 1. Each document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (lh) [Transferred from California Central on 1/29/2024.] |
| Filing 4 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) [Transferred from California Central on 1/29/2024.] |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) [Transferred from California Central on 1/29/2024.] |
| Filing 2 NOTICE OF ASSIGNMENT to District Judge Sherilyn Peace Garnett and Magistrate Judge Jacqueline Chooljian. (lh) [Transferred from California Central on 1/29/2024.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-35562060 - Fee: $402, filed by Plaintiff Krista Cabiltes. (Attachments: #1 Civil Cover Sheet, #2 Notice of Interested Parties, #3 Summons) (Attorney Leah M Beligan added to party Krista Cabiltes(pty:pla))(Beligan, Leah) [Transferred from California Central on 1/29/2024.] |
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