Candelaria v. Conopco, Inc.
| Elizabeth Candelaria |
| Conopco, Inc. d/b/a Unilever Home & Personal Care USA and Conopco, Inc. doing business as Unilever Home & Personal Care USA |
| 1:2021cv06760 |
| December 6, 2021 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Taryn A Merkl |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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Filing 23
MEMORANDUM and ORDER: Unilevers motion #22 to dismiss Candelerias claims is denied. Its motion to strike the Complaints class allegations is granted with respect to claims for injunctive relief under Rule 23(b)(2) and denied with respect to all other allegations. Accordingly, paragraph 63 is stricken from the Complaint. Ordered by Judge Frederic Block on 2/28/2023. (MI)
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| Filing 22 MOTION to Dismiss for Failure to State a Claim by Conopco, Inc.. (Attachments: #1 Memorandum of Law in Support of Defendant's Motion to Dismiss, #2 J. Cole Declaration in Support of Defendant's Motion to Dismiss, #3 [Proposed] Order, #4 Memorandum of Law in Opposition to Defendant's Motion to Dismiss, #5 Reply Memorandum of Law in Support of Defendant's Motion to Dismiss) (Lambert, Reynold) |
| Filing 21 Letter Encl. Defendant's Motion to Dismiss by Conopco, Inc. (Lambert, Reynold) |
| Filing 20 Letter re MTD Briefing Schedule by Conopco, Inc. (Lambert, Reynold) |
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SCHEDULING ORDER: Defendant's letter application #20 with the consent of the plaintiff is GRANTED. The Court adopts the parties agreed upon briefing schedule. By August 26, 2022 defendant shall file their fully briefed motion to dismiss. Counsel may modify their agreed upon briefing schedule without court approval. Counsel shall file a letter notifying the Court of their modified agreed upon briefing schedule. Counsel shall follow J. Block's motion rules, specifically section 2(D) when filing their motions. The Court does not require a courtesy copy of the motion papers. Ordered by Judge Frederic Block on 6/2/2022. (Innelli, Michael)
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| Filing 19 Letter to Hon. Frederic Block, U.S.D.J. by Elizabeth Candelaria (Fearon, Stephen) |
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SCHEDULING ORDER: Plaintiff has informed the court #19 that she has decided not to serve and file an amended complaint. By June 7, 2022 counsel shall file a letter with their agreed upon briefing schedule as to the defendant's motion to dismiss. Counsel may modify their agreed upon briefing schedule without court approval. Counsel shall file a letter notifying the Court of their modified agreed upon briefing schedule. Counsel shall serve and file their fully briefed motion according to J. Blocks motion rules. The Court does not require a courtesy copy of the motion papers. Ordered by Judge Frederic Block on 5/31/2022. (Innelli, Michael)
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| Minute Entry for proceedings held before Judge Frederic Block: Paul Sweeny, Esq. for the plaintiff and Reynold Lambert, Esq. for the defendants, allpresent. Pre-motion conference held on 5/24/2022. Defendants anticipated motion to dismiss was discussed. By May 31, 2022 plaintiff will notify the court by letter whether they wish to serve and file an amended complaint and if so the date plaintiff will serve and file their amended complaint. (Court Reporter: Not Reported) (Innelli, Michael) |
| Filing 18 Letter to Judge Block requesting adjournment of conference by Conopco, Inc. (Lambert, Reynold) |
| Set/Reset Hearings: In Person Pre-Motion Conference set for 5/6/2022 03:30 PM before Judge Frederic Block. (Innelli, Michael) |
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SCHEDULING ORDER: The in person pre-motion conference scheduled for May 3, 2022 is being adjourned by the Court to May 6, 2022 @ 3:30 pm, due to a conflict with the Court's calendar. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-motion conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference, and then file a letter application. Ordered by Judge Frederic Block on 4/26/2022. (Innelli, Michael)
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SCHEDULING ORDER: Defendant's letter application #18 with the consent of the plaintiff is GRANTED. The in person pre-motion conference scheduled for May 6, 2022 is adjourned to May 24, 2022 at 2:30 P.M. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person conference. Ordered by Judge Frederic Block on 4/26/2022. (Innelli, Michael)
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 5/24/2022 02:30 PM before Judge Frederic Block. (Innelli, Michael) |
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SCHEDULING ORDER: The in person pre-motion conference scheduled for March 29, 2022 is being adjourned by the Court to May 3, 2022 @ 4:00 pm, due to a conflict with the Court's calendar. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-motion conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference, and then file a letter application. Ordered by Judge Frederic Block on 3/22/2022. (Innelli, Michael)
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 5/3/2022 04:00 PM before Judge Frederic Block. (Innelli, Michael) |
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SCHEDULING ORDER: The in person pre-motion conference scheduled for March 15, 2022 is being adjourned by the Court to March 29, 2022 @ 4:00 PM, due to a conflict with the Court's calendar. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-motion conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference, and then file a letter application. Ordered by Judge Frederic Block on 3/1/2022. (Innelli, Michael)
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 3/29/2022 04:00 PM before Judge Frederic Block. (Innelli, Michael) |
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Minute Entry and Order: A telephonic Status Conference was held on 2/28/2022 before Magistrate Judge Taryn A. Merkl. Appearances by Paul Sweeny for Plaintiff; Reynold Lambert for Defendant. Discussion was held regarding the parties' joint discovery letter #19 , Defendant's additional discovery letter #21 , the parties' joint motion for extension of time #22 , and Defendant's additional discovery letter #23 , all of which were filed in the companion case Hossain v. Unilever United States, Inc., 21-CV-2833 (FB) (TAM). The parties and court discussed coordination of discovery between the two cases.The parties' joint motion for an extension of time #22 , filed in 21-CV-2833, is granted, on consent, setting the current discovery schedule as follows. Fact discovery shall be completed on or before 5/27/2022. The parties are directed to file a joint status report certifying the close of fact discovery by 6/6/2022. Plaintiff shall disclose expert reports by 7/1/2022. Defendant shall disclose expert reports by 8/12/2022. Expert discovery shall be completed by 9/16/2022. The last date to take the first step in dispositive motion practice is 10/14/2022, and should be done in accordance with Judge Frederic Block's Individual Rules and Practices. Notwithstanding the pre-motion conference letters and anticipated motion to dismiss in this case, the parties are respectfully directed to coordinate discovery between this case and the first-filed case, 21-CV-2833. Ordered by Magistrate Judge Taryn A. Merkl on 2/28/2022. (AT&T Log #2:59-4:12.) (Devanathan, Deepa)
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SCHEDULING ORDER: The in person pre-motion conference scheduled for March 8, 2022 is being adjourned by the Court to March 15, 2022 @ 3:30 PM, due to a conflict with the Court's calendar. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 2/14/2022. (Innelli, Michael)
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 3/15/2022 03:30 PM before Judge Frederic Block. (Innelli, Michael) |
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Filing 17
SCHEDULING ORDER: Defendant's letter application #14 dated 2/2/22 is GRANTED. An in person pre motion conference is scheduled for March 8, 2022 @ 3:00 PM. The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions . If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person pre-motion conference and then file a letter application. Upon receipt of this email counsel shall confirm with each other of the date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 2/11/2022. (Innelli, Michael)
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 3/8/2022 03:00 PM before Judge Frederic Block. (Innelli, Michael) |
| Filing 16 Letter Pre-Motion Letter in response to Defendant's request for a premotion conference by Elizabeth Candelaria (Fearon, Stephen) |
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ELECTRONIC ORDER: Granting the defendant's motion #14 to seal their application for a pre-motion conference. Ordered by Judge Frederic Block on 2/3/2022. (Innelli, Michael)
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| Filing 15 NOTICE of Appearance by Paul V. Sweeny on behalf of Elizabeth Candelaria (aty to be noticed) (Sweeny, Paul) |
| Filing 14 MOTION to Seal Document Order on Motion for Leave to Electronically File Document under Seal, by Conopco, Inc.. (Rooney, Gavin) |
| Filing 13 MOTION for Leave to Electronically File Document under Seal by Conopco, Inc.. (Attachments: #1 Pre-motion Letter - Redacted) (Rooney, Gavin) |
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ELECTRONIC ORDER: Defendant's letter application #13 leave to electronically file document under seal is GRANTED. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov..Ordered by Judge Frederic Block on 2/2/2022. (Innelli, Michael)
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SCHEDULING ORDER: In light of the reassignment of this case, the initial conference scheduled for 3/10/2022 before Magistrate Judge Peggy Kuo, will now be a telephonic Status Conference before Magistrate Judge Taryn A. Merkl on 2/28/2022 at 3:00 p.m. The parties are directed to call the toll free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Ordered by Magistrate Judge Taryn A. Merkl on 1/13/2022. (Chan, Kaity)
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ORDER REASSIGNING CASE. Case reassigned to Judge Frederic Block and Magistrate Judge Taryn A. Merkl(as related to 21-cv-2833) for all further proceedings. Judge Kiyo A. Matsumoto, Magistrate Judge Peggy Kuo no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 1/12/2022. (Davis, Kimberly)
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| Filing 12 Letter to Clerk of the Court by Conopco, Inc. (Lambert, Reynold) |
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Filing 11
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on March 10, 2022 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Counsel are directed to the annexed Initial Conference Order for instructions. By March 4, 2022, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that Defendant is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 1/3/2022. (O'Neil-Berven, Ryan)
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Filing 10
ORDER granting #9 Motion for Extension of Time to Answer. The deadline for Defendant Conopco, Inc. to answer or otherwise respond to the Complaint is extended to February 2, 2022. Ordered by Magistrate Judge Peggy Kuo on 1/3/2022. (O'Neil-Berven, Ryan)
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| Filing 9 First MOTION for Extension of Time to File Answer re #1 Complaint, by Conopco, Inc.. (Attachments: #1 Proposed Order - Stipulation and [Proposed] Order Extending Time to Answer, Move, or Otherwise Respond to the Complaint) (Lambert, Reynold) |
| Filing 8 NOTICE of Appearance by Reynold Lambert on behalf of Conopco, Inc. (aty to be noticed) (Lambert, Reynold) |
| Filing 7 SUMMONS Returned Executed by Elizabeth Candelaria. Conopco, Inc. served on 12/10/2021, answer due 12/31/2021. (Fearon, Stephen) |
| Filing 6 Summons Issued as to Conopco, Inc.. (Davis, Kimberly) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 4 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: #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. (Davis, Kimberly) |
| Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Davis, Kimberly) |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 3 Proposed Summons. Re Notice: Re: Incomplete Civil Cover Sheet, #1 Complaint, by Elizabeth Candelaria (Fearon, Stephen) |
| Filing 2 Civil Cover Sheet.. Re Notice: Re: Incomplete Civil Cover Sheet, #1 Complaint, by Elizabeth Candelaria (Fearon, Stephen) |
| *** NOTICE:***The Clerk's Office cannot assign this case without a completed Civil Cover Sheet and Proposed Summons. Counsel is directed to forward a completed (2 Page Form)Civil Cover Sheet, answering all questions including the NY-E Division of Business ***Rule 50.1(d)(2) a) and b)section on the second page***. Please use the event Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Conopco, Inc. d/b/a Unilever Home & Personal Care USA filing fee $ 402, receipt number ANYEDC-15090410 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Elizabeth Candelaria. (Attachments: #1 Civil Cover Sheet, #2 Issuance of Summons) (Fearon, Stephen) |
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