DeFrank et al v. Samsung Electronics America, Inc.
| Lisa DeFrank, Hollis Stavn, Wendy Dowds, Mark DiTroia, Maria Keene, Carl Gersh, Ashley Nuibe and chris garcia |
| Samsung Electronics America Inc |
| 2:2019cv21401 |
| December 16, 2019 |
| US District Court for the District of New Jersey |
| Edward S Kiel |
| Kevin McNulty |
| Contract Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 42
TEXT ORDER: Defendant shall file its motion to dismiss on or before February 25, 2020. Plaintiffs shall file their opposition to the motion to dismiss on or before April 7, 2020. Defendant shall file its reply on or before April 24, 2020. The parties are directed to continue good faith discussions concerning proceeding with limited discovery pending resolution of defendant's motion to dismiss. A telephone conference is scheduled for February 19, 2020 at 10:30 AM before Magistrate Judge Edward S. Kiel. So Ordered by Magistrate Judge Edward S. Kiel on 2/13/2020. (as, )
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| Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel. Initial Scheduling Conference held on 2/13/2020. (Court Reporter/Recorder None.) (as, ) |
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Filing 41
TEXT ORDER: The parties should be prepared to discuss the issues raised in the joint letter dated February 7, 2020 and entered February 11, 2020 (ECF No. 40) at the in-person initial scheduling conference scheduled for 2/13/2020 at 10:00 AM. So Ordered by Magistrate Judge Edward S. Kiel on 2/11/2020. (as, )
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Filing 39
ORDER that the application for the pro hac vice admission of Kip T. Bollin,Esq. AND Jesse L. Jenike-Godshalk, Esq. AND Melanie M. Lazor, Esq.is granted re etc. #38 Letter. Signed by Magistrate Judge Edward S. Kiel on 2/10/2020. (bt, )
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| Filing 40 Letter re: motion to stay from Joseph P. LaSala. (sm) |
| Filing 38 Letter from Joseph P. LaSala, Esq. Pursuant to Local Civil Rule 101.1(c). (Attachments: #1 Text of Proposed Order, #2 Certification of Joseph P. LaSala, Esq., #3 Certificate of Service)(LASALA, JOSEPH) |
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Filing 37
LETTER ORDER: An in-person initial scheduling conference shall be held on 2/13/2020 at 10:00 AM in Newark - Courtroom 8 of the U.S. Post Office and Courthouse before Magistrate Judge Edward S. Kiel. The parties shall submit a proposed Joint Discovery Plan as a Word document, to ESK_Orders@njd.uscourts.gov no later than three business days before the scheduled initial conference. The Court's form Joint Discovery Plan may be found at www.njd.uscourts.gov/content/edward-s-kiel. Signed by Magistrate Judge Edward S. Kiel on 1/9/2020. (as, )
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| Filing 36 NOTICE of Appearance by JOSEPH P. LASALA on behalf of Samsung Electronics America Inc (LASALA, JOSEPH) |
| Filing 35 NOTICE of Appearance by SUSANA CRUZ HODGE on behalf of Lisa DeFrank, Mark DiTroia, Wendy Dowds, Carl Gersh, Maria Keene, Ashley Nuibe, chris garcia (CRUZ HODGE, SUSANA) |
| Filing 34 NOTICE of Appearance by BRUCE DANIEL GREENBERG on behalf of Lisa DeFrank, Mark DiTroia, Wendy Dowds, Carl Gersh, Maria Keene, Ashley Nuibe, chris garcia (GREENBERG, BRUCE) |
| Filing 33 Certified Copy of Transfer Order and docket received, Case transferred in from District of Ohio Southern; Case Number 1:18-cv-00296. Original file certified copy of transfer order and docket sheet received. |
| Judge Kevin McNulty and Magistrate Judge Edward S. Kiel added. (ps, ) |
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Filing 32
ORDER granting #26 Motion to Change Venue - The Clerk of Courts is DIRECTED to transfer this case to the United States District Court for the District of New Jersey. Signed by Judge Michael R. Barrett on 12/13/2019. (bjc)
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| Filing 31 NOTICE by Defendant Samsung Electronics America, Inc. Notice of Withdrawal of Heather M. Hawkins as Counsel (Bollin, Kip) |
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Filing 30
ORDER finding as moot #16 Motion to Dismiss for Failure to State a Claim/for Lack of Jurisdiction. Signed by Judge Michael R. Barrett on 9/26/19. (ba)
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| Filing 29 REPLY to Response to Motion re #26 MOTION to Change Venue filed by Defendant Samsung Electronics America, Inc.. (Bollin, Kip) |
| Filing 28 RESPONSE in Opposition re #26 MOTION to Change Venue filed by Plaintiffs Lisa DeFrank, Mark DiTroia, Wendy Dowds, Chris Garcia, Carl Gersh, Maria Keene, Ashley Nuibe, Hollis Stavn. (Karon, Daniel) |
| Filing 27 STIPULATION of Dismissal of Hollis Stavn's Claims With Prejudice by Plaintiff Lisa DeFrank. (Karon, Daniel) |
| Filing 26 MOTION to Change Venue by Defendant Samsung Electronics America, Inc.. (Attachments: #1 Proposed Order) (Bollin, Kip) |
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Filing 25
ORDER granting #24 Motion to Stay. SEA's response to the Amended Complaint is hereby STAYED until such time that this Court orders after resolving SEA's Motion to Transfer. Signed by Judge Michael R. Barrett on 8/17/2018. (mr)
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| Filing 24 Joint MOTION to Stay Defendant Samsung Electronics America, Inc.'s Response to the Amended Complaint by Defendant Samsung Electronics America, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Stay Response Date) (Bollin, Kip) |
| Filing 23 NOTICE by Plaintiff Lisa DeFrank re #22 Amended Complaint Certificate of Service (Karon, Daniel) |
| Filing 22 First AMENDED COMPLAINT against Samsung Electronics America, Inc., filed by Lisa DeFrank, Chris Garcia, Mark DiTroia, Carl Gersh, Wendy Dowds, Maria Keene and Ashley Nuibe. (Karon, Daniel) Modified to update party names on 8/7/2018 (mr). |
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Filing 21
ORDER granting #20 Motion for Order to Vacate Rule 26(f) Report; a new deadline will be set following the ruling of #16 Motion to Dismiss. Signed by Judge Michael R. Barrett on 7/18/18. (ba)
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| Filing 20 Joint MOTION for Order to Extend Time for Rule 26(f) Conference and Report by Defendant Samsung Electronics America, Inc.. (Attachments: #1 Agreed Order) (Jenike-Godshalk, Jesse) |
| Filing 19 NOTICE of Appearance by Jesse L Jenike-Godshalk for Defendant Samsung Electronics America, Inc. (Jenike-Godshalk, Jesse) |
| Filing 18 NOTICE of Appearance by Heather MacGregor Hawkins for Defendant Samsung Electronics America, Inc. (Hawkins, Heather) |
| Filing 17 STIPULATION for Extension of Time to Respond to Motion to Dismiss (ECF 16) by Plaintiffs Lisa DeFrank, Chris Garcia, Hollis Stavn. (Karon, Daniel) |
| NOTICE of Deadline: Rule 26 Meeting Report due by 7/16/2018. Please be aware that the Court has revised its Rule 26(f) report and joint final pretrial order forms as well as its trial procedures; visit www.ohsd.uscourts.gov/FPbarrett to obtain copies of those required forms; (ba) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 7/13/2018) by Defendant Samsung Electronics America, Inc.. (Attachments: #1 Text of Proposed Order) (Bollin, Kip) |
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Filing 15
ORDER granting #14 Motion for Leave to File Excess Pages. Signed by Judge Michael R. Barrett on 6/22/18. (ba)
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| Filing 14 MOTION for Leave to File Excess Pages by Defendant Samsung Electronics America, Inc.. (Attachments: #1 Proposed Order) (Bollin, Kip) |
| Filing 13 CERTIFICATE OF SERVICE by Defendant Samsung Electronics America, Inc. re #10 Corporate Disclosure Statement, #12 Notice of Appearance, #9 Notice of Appearance (Bollin, Kip) |
| Notice by Clerk re #9 , #10 , and #12 : Please be aware that these documents require a certificate of service, pursuant to S.D. Ohio Civ. R. 5.2. To correct the filings, please file a single page certificate of service that references all three documents, use the Certificate of Service event found under Civil Events-Initial Pleadings and Service-Service of Process, and link that event to your filings when prompted. (eh) |
| Reset Deadlines per doc. #11 : Samsung Electronics America, Inc. answer due 6/22/2018. (eh) |
| Filing 12 NOTICE of Appearance by Melanie Lazor for Defendant Samsung Electronics America, Inc. (Lazor, Melanie) |
| Filing 11 STIPULATION for Extension of Time for Defendant to Respond to Plaintiffs' Complaint filed April 27, 2018 by Defendant Samsung Electronics America, Inc.. (Bollin, Kip) |
| Filing 10 Corporate Disclosure Statement by Defendants Samsung Electronics America, Inc., Samsung Electronics Co., Ltd. identifying Corporate Parent Samsung Electronics Co., Ltd. for Samsung Electronics America, Inc... (Bollin, Kip) |
| Filing 9 NOTICE of Appearance by Kip T Bollin for Defendant Samsung Electronics America, Inc. (Bollin, Kip) |
| Filing 8 SUMMONS Returned Executed as to Defendant Samsung Electronics America, Inc. served on 5/11/2018, answer due 6/1/2018. (eh) |
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Filing 7
ORDER granting #4 Motion for Leave to Appear Pro Hac Vice of Joseph G. Sauder for Plaintiffs Lisa DeFrank, Chris Garcia, Hollis Stavn. Signed by Judge Michael R. Barrett on 5/22/18. (ba)
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| Filing 6 Clerk's CERTIFICATE of Mailing re #1 Complaint and #2 Summons Issued. Complaint and Summons re-sent this date to defendant by certified mail. (eh) (Additional attachment(s) added on 5/10/2018: #1 Certified Mail Envelope) (eh). |
| Filing 5 CERTIFICATE of Mailing: The Clerk of the United States District Court for the Southern District of Ohio has been requested to issue the complaint and summons to the defendants. The requested service was sent by certified mail on May 2, 2018. The receipt for certified mail is attached. (Attachments: #1 Certified Mail Receipt) (jlw) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6425519) of Joseph G. Sauder by Plaintiffs Lisa DeFrank, Chris Garcia, Hollis Stavn. (Attachments: #1 Exhibit Exhibit A - COGS of Sauder, #2 Text of Proposed Order Proposed Order) (Karon, Daniel) |
| Filing 3 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Joseph G. Sauder, Bruce D. Greenberg, Susana Cruz Hodge (jlw) |
| Filing 2 Summons Issued as to Samsung Electronics America, Inc.. (jlw) |
| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (jlw) |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6421591), filed by lisa defrank, chris garcia, Hollis Stavn. (Attachments: #1 Civil Cover Sheet, #2 Summons Form) (Karon, Daniel) |
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