Bangoura v. Beiersdorf, Inc. et al
| Almany Ismael Bangoura |
| Beiersdorf, Inc. and Bayer Healthcare, LLC |
| 1:2022cv00291 |
| January 18, 2022 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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Filing 40
ORDER granting #37 Final Approval of Class Action Settlement. ( Ordered by Judge Brian M. Cogan on 1/6/2023 ) (RG)
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Filing 39
ORDER granting plaintiff's #38 Motion for Attorney Fees, Cost, and Service Awards. ( Ordered by Judge Brian M. Cogan on 1/6/2023 ) (RG)
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| Civil Case Terminated. (RG) |
| Minute Entry and Order for Fairness Hearing held before Judge Brian M. Cogan on 01/05/2023. Counsel for the Settlement Class and defendants appeared. No objectors or class members appeared. The Court will grant plaintiff's motions for final approval of the class action settlement and for attorney fees and expenses by separate order. See transcript for details. (Court Reporter Stacy Mace) (PW) |
| NOTICE of Hearing: The in person Final Approval Hearing set in Courtroom 8D on January 5, 2023 at 4:45 pm has been converted to a video hearing. A ZoomGov link will be emailed to counsel of record. The public can listen to the proceedings by dialing 888-684-8852 and entering access code 6427877#. (PW) |
| Filing 38 MOTION for Attorney Fees by Almany Ismael Bangoura. (Attachments: #1 Memorandum in Support, #2 Declaration Declaration of Jason Sultzer, #3 Exhibit Exhibit A - Firm Resume, #4 Exhibit Exhibit B - Proposed Order, #5 Exhibit Exhibit C - Proposed Final Judgment, #6 Declaration Declaration of Charles Schaffer, #7 Declaration Declaration of Steven Weisbrot, #8 Proposed Order) (Sultzer, Jason) |
| Filing 37 MOTION to Certify Class by Almany Ismael Bangoura. (Attachments: #1 Memorandum in Support, #2 Declaration Declaration of Jason Sultzer, #3 Exhibit Exhibit A - Firm Resume, #4 Exhibit Exhibit B - Proposed Order, #5 Exhibit Exhibit C - Proposed Final Judgment, #6 Declaration Declaration of Charles Schaffer, #7 Declaration Declaration of Steven Weisbrot) (Sultzer, Jason) |
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Filing 36
ORDER re: Preliminary Approval of Class Action Settlement #33 Motion. ( Ordered by Judge Brian M. Cogan on 8/2/2022 ) (Guzzi, Roseann)
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| Filing 35 AFFIDAVIT/DECLARATION in Support re #33 MOTION to Certify Class filed by Almany Ismael Bangoura. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Sultzer, Jason) |
| Filing 34 MEMORANDUM in Support re #33 MOTION to Certify Class filed by Almany Ismael Bangoura. (Sultzer, Jason) |
| Filing 33 MOTION to Certify Class by Almany Ismael Bangoura. (Sultzer, Jason) |
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ORDER. All deadlines previously ordered are stayed provided that plaintiff shall file a preliminary approval motion within 30 days. Ordered by Judge Brian M. Cogan on 6/30/2022. (Weisberg, Peggy)
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| Filing 32 Letter regarding settlement and preliminary approval motion by Almany Ismael Bangoura (Sultzer, Jason) |
| Filing 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 05/05/22, before Judge COGAN. Court Reporter/Transcriber rivka teich, Telephone number 7186132268. Email address: rivkateich@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/13/2022. Redacted Transcript Deadline set for 7/23/2022. Release of Transcript Restriction set for 9/20/2022. (Teich, Rivka) |
| Filing 30 Letter MOTION for Extension of Time to File Answer re #28 Amended Complaint (Joint) by Bayer Healthcare, LLC, Beiersdorf, Inc.. (Joyce, Eamon) |
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ORDER granting in part and denying in part #30 . The Court does not extend dates for settlement discussions since the parties are free to settle at any time. Moreover, relieving the parties from the obligation to incur fees and costs disincentivizes settlement, whereas requiring the case to proceed incentivizes settlement. The only legitimate basis offered for an extension is in-house counsel's schedule, and that is only for a week. Especially since the mediation before Judge Gold is scheduled for June 28th, all deadlines in the current schedule are extended by three weeks: defendants shall file their motion to dismiss by 7/11/2022; plaintiff's opposition due by 7/25/2022; reply due by 8/1/2022. Ordered by Judge Brian M. Cogan on 6/13/2022. (Weisberg, Peggy)
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ORDER denying #29 Motion for Pre Motion Conference as unnecessary. Defendants shall file their motion to dismiss by 6/20/2022; plaintiff's opposition due by 7/4/2022; reply due by 7/11/2022. Ordered by Judge Brian M. Cogan on 6/6/2022. (Weisberg, Peggy)
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| Filing 29 Letter MOTION for pre motion conference regarding motion to dismiss second amended complaint by Bayer Healthcare, LLC, Beiersdorf, Inc.. (Joyce, Eamon) |
| Filing 28 AMENDED COMPLAINT against Bayer Healthcare, LLC, Beiersdorf, Inc., filed by Almany Ismael Bangoura. (Sultzer, Jason) |
| Minute Entry and Order for Premotion and Initial Status Conference held on 05/05/2022 before Judge Brian M. Cogan. Counsel for all parties appeared by video. Plaintiff is to file its amended complaint by 05/25/2022. Defendants may file a premotion conference letter with the Court by 06/03/2022. See transcript for details. (Court Reporter: Rivka Teich). (Weisberg, Peggy) |
| Filing 27 Letter Plaintiffs response to Defendants pre-motion letter on its anticipated motion to dismiss by Almany Ismael Bangoura (Sultzer, Jason) |
| Filing 26 NOTICE of Appearance by Theodore R. Scarborough on behalf of Bayer Healthcare, LLC, Beiersdorf, Inc. (notification declined or already on case) (Scarborough, Theodore) |
| Filing 25 NOTICE of Appearance by Caitlin A. Maly on behalf of Bayer Healthcare, LLC, Beiersdorf, Inc. (notification declined or already on case) (Maly, Caitlin) |
| Filing 24 NOTICE of Appearance by Elizabeth M. Chiarello on behalf of Bayer Healthcare, LLC, Beiersdorf, Inc. (notification declined or already on case) (Chiarello, Elizabeth) |
| Filing 23 NOTICE of Appearance by Julie Becker on behalf of Bayer Healthcare, LLC, Beiersdorf, Inc. (notification declined or already on case) (Becker, Julie) |
| Filing 22 Letter MOTION to Dismiss by Bayer Healthcare, LLC, Beiersdorf, Inc.. (Joyce, Eamon) |
| Filing 21 AMENDED COMPLAINT against Bayer Healthcare, LLC, Beiersdorf, Inc., filed by Almany Ismael Bangoura. (Sultzer, Jason) |
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ORDER granting #19 #20 Motions for Leave to Appear Pro Hac Vice as counsel for defendants. The attorneys, Caitlin A. Maly and Julie Becker, shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorneys shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. Also, each attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 3/23/2022. (Weisberg, Peggy)
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| Filing 20 MOTION to Appear Pro Hac Vice of Julie Becker Filing fee $ 150, receipt number ANYEDC-15379866. by Bayer Healthcare, LLC, Beiersdorf, Inc.. (Attachments: #1 Declaration of Julie Becker, #2 Certificate of Good Standing, #3 Proposed Order) (Becker, Julie) |
| Filing 19 MOTION to Appear Pro Hac Vice of Caitlin A. Maly Filing fee $ 150, receipt number ANYEDC-15379766. by Bayer Healthcare, LLC, Beiersdorf, Inc.. (Attachments: #1 Declaration of Caitlin A. Maly, #2 Certificate of Good Standing, #3 Proposed Order) (Maly, Caitlin) |
| Filing 18 Letter MOTION for Extension of Time to File Answer re #1 Complaint, (Joint request for extension of time to file defendants response to plaintiffs complaint) by Bayer Healthcare, LLC, Beiersdorf, Inc.. (Joyce, Eamon) |
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ORDER granting #18 . The Court approves the schedule as follows: plaintiff shall file amended complaint by 3/24/2022; defendants' premotion letters due 4/18/2022; plaintiff's detailed response to premotion letters due 4/28/2022; Initial Status Conference scheduled for 3/21/2022 is adjourned to 5/5/2022 at 9:30 am at which time a premotion conference on the anticipated motion to dismiss will be held by Zoom. A video link will be emailed to counsel of record. The submission of a joint summary letter and case management plan for the initial status conference is waived. Ordered by Judge Brian M. Cogan on 3/11/2022. (Weisberg, Peggy)
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| Filing 17 NOTICE of Appearance by Ethan Rubin on behalf of Almany Ismael Bangoura (aty to be noticed) (Rubin, Ethan) |
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ORDER granting #15 #16 Elizabeth M. Chiarello and Theodore R. Scarborough Motions for Leave to Appear Pro Hac Vice as counsel for defendants. The attorneys shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorneys shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. Also, each attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 2/15/2022. (Weisberg, Peggy)
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| Filing 16 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15288973. by Bayer Healthcare, LLC, Beiersdorf, Inc.. (Scarborough, Theodore) |
| Filing 15 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15288896. by Bayer Healthcare, LLC, Beiersdorf, Inc.. (Chiarello, Elizabeth) |
| Filing 14 NOTICE of Appearance by Eamon Paul Joyce on behalf of Bayer Healthcare, LLC, Beiersdorf, Inc. (notification declined or already on case) (Joyce, Eamon) |
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ORDER granting in part #12 . Defendants' time to answer extended to 4/11/2022. However, the parties are advised that this Court does not wait for answers to be filed as they are not required in planning discovery set at the Initial Status Conference. Therefore the conference is adjourned to 3/21/2022 at 5:30 pm. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 0291#. The parties are also reminded to comply with the mandatory requirements for the conference set forth at #5 . Ordered by Judge Brian M. Cogan on 2/13/2022. (Weisberg, Peggy)
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| Filing 13 Corporate Disclosure Statement by Bayer Healthcare, LLC, Beiersdorf, Inc. identifying Corporate Parent Beiersdorf North America Inc. for Beiersdorf, Inc.; Corporate Parent Bayer AG for Bayer Healthcare, LLC. (Joyce, Eamon) |
| Filing 12 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Bayer Healthcare, LLC, Beiersdorf, Inc.. (Joyce, Eamon) |
| Filing 11 NOTICE of Appearance by David Magagna on behalf of Almany Ismael Bangoura (notification declined or already on case) (Attachments: #1 Certificate of Service) (Magagna, David) |
| Filing 10 NOTICE of Appearance by Charles E. Schaffer on behalf of Almany Ismael Bangoura (notification declined or already on case) (Attachments: #1 Certificate of Service) (Schaffer, Charles) |
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ORDER granting #8 #9 Motions for Leave to Appear Pro Hac Vice as counsel for plaintiff. The attorneys Charles Schaffer and David Magagna shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorneys shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. Also, each attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 1/26/2022. (Weisberg, Peggy)
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| Filing 9 MOTION to Appear Pro Hac Vice David C. Magagna, Jr. Filing fee $ 150, receipt number ANYEDC-15215277. by Almany Ismael Bangoura. (Attachments: #1 Affidavit, #2 Exhibit Cert of Good Standing-PA, #3 Exhibit Cert of Good Standing NJ--, #4 Certificate of Service) (Magagna, David) |
| Filing 8 MOTION to Appear Pro Hac Vice of Charles E. Schaffer Filing fee $ 150, receipt number ANYEDC-15215235. by Almany Ismael Bangoura. (Attachments: #1 Affidavit, #2 Exhibit Cert of Good Standing, #3 Certificate of Service) (Schaffer, Charles) |
| Filing 7 NOTICE of Appearance by Mindy Dolgoff on behalf of Almany Ismael Bangoura (aty to be noticed) (Dolgoff, Mindy) |
| Filing 6 NOTICE of Appearance by Daniel Harris Markowitz on behalf of Almany Ismael Bangoura (aty to be noticed) (Markowitz, Daniel) |
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Filing 5
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 3/2/2022 at 10:30 am. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 0291#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 1/18/2022. (Weisberg, Peggy)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to Bayer Healthcare, LLC, Beiersdorf, Inc.. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Bayer Healthcare, LLC, Beiersdorf, Inc. filing fee $ 402, receipt number ANYEDC-15203637 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Almany Ismael Bangoura. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Sultzer, Jason) |
| Case Assigned to Judge Brian M. Cogan. 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. (Bowens, Priscilla) |
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