Doe v. Soothe, Inc., et al
| Jane Se Doe |
| Soothe, Inc., and Evident ID, Inc. |
| 1:2022cv06315 |
| October 19, 2022 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.
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| Filing 22 REPLY in Support re #16 Memorandum in Support,, [SUPPLEMENTAL AFFIDAVIT OF JOHN ELLIS] filed by Soothe, Inc.,. (Attachments: #1 Exhibit A - Plaintiff's 2017 Account, #2 Exhibit B - 2016 Terms & Conditions, #3 Exhibit C - Plaintiff's 2019 Account, #4 Exhibit D - Plaintiff's 2019 Account Activity, #5 Exhibit E - 2019 Terms & Conditions, #6 Exhibit F - Plaintiff's Husband Account) (Montoya, Concepcion) |
ORDER granting #20 Motion for Leave to File supplemental affidavit. There will be no further submissions on this motion. Ordered by Judge Brian M. Cogan on 12/16/2022. (PW)
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| Filing 21 REPLY in Opposition re #20 Letter MOTION for Leave to File Document [Supplemental Affidavit] and respond to Plaintiff's Sur-Reply filed by Jane Se Doe. (Werksman, Nathan) |
| Filing 20 Letter MOTION for Leave to File Document [Supplemental Affidavit] and respond to Plaintiff's Sur-Reply by Soothe, Inc.,. (Montoya, Concepcion) |
| Filing 19 REPLY in Opposition re #16 Memorandum in Support,, Sur-Reply In Opposition filed by Jane Se Doe. (Attachments: #1 Affidavit Ex 1 - Werksman Affidavit, #2 Declaration Ex 2 - Doe Declaration) (Werksman, Nathan) |
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ORDER granting #18 . Plaintiff may file a sur-reply brief in excess of 10-page limit, not to exceed 15 pages. Ordered by Judge Brian M. Cogan on 12/14/2022. (PW)
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| Filing 18 Second MOTION for Leave to File Excess Pages by Jane Se Doe. (Werksman, Nathan) |
| Filing 17 MOTION for Leave to File Excess Pages by Jane Se Doe. (Werksman, Nathan) |
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ORDER denying #17 Motion for Leave to File Excess Pages without prejudice to renewal upon specification of how many additional pages plaintiff needs. Ordered by Judge Brian M. Cogan on 12/13/2022. (PW)
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| Filing 16 MEMORANDUM in Support re #14 Response in Opposition to Motion Reply Memorandum of Law in Further Support filed by Soothe, Inc.,. (Attachments: #1 Affidavit of John Ellis, #2 Exhibit A - Plaintiff's 2017 Account, #3 Exhibit B - 2016 Terms and Conditions, #4 Exhibit C - Plaintiff's 2019 Account, #5 Exhibit D - Plaintiff's 2019 Account Activity, #6 Exhibit E - 2019 Terms and Conditions, #7 Exhibit F - Plaintiff Husband's Account) (Montoya, Concepcion) |
| Filing 15 MEMORANDUM in Support re #13 Response in Opposition to Motion Reply Memorandum of Law in Further Support filed by Evident ID, Inc.. (Attachments: #1 Declaration of David S. Wilck, #2 Exhibit A - Order Form with Relying Part Subscription Terms & Conditions) (Wilck, David) |
| Minute Entry and Order for Initial Status Conference held on 11/10/2022 before Judge Brian M. Cogan. All parties appeared by telephone. The Court set the following briefing schedule on defendants' motions to dismiss and to compel arbitration: defendants' reply briefs due 11/30/22; plaintiff's sur-reply due 12/14/22; the Court will then determine whether a sur-sur-reply is needed from defendants. Discovery is stayed until the Court determines whether it is likely to compel arbitration. (PW) |
| Filing 14 RESPONSE in Opposition re #5 Letter MOTION for pre motion conference filed by Jane Se Doe. (Attachments: #1 Affidavit) (Werksman, Nathan) |
| Filing 13 RESPONSE in Opposition re #8 Letter MOTION for pre motion conference filed by Jane Se Doe. (Attachments: #1 Exhibit) (Werksman, Nathan) |
| Filing 12 CASE MANAGEMENT STATEMENT [Proposed Civil Case Management Plan] (Montoya, Concepcion) |
| Filing 11 Letter MOTION to Adjourn Conference by Soothe, Inc.,. (Montoya, Concepcion) |
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ORDER denying #11 Motion to Adjourn Conference. Initial Status Conference shall proceed as scheduled for 11/10/2022 at 1:15 pm. Ordered by Judge Brian M. Cogan on 11/8/2022. (PW)
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| Set/Reset Hearing: Initial Status Conference set for 5:00 pm on 11/10/2022 is reset to 1:15 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 6315#. (PW) |
| Filing 10 Letter [Joint] Letter in connection with Initial Status Conference by Soothe, Inc., (Montoya, Concepcion) |
| Filing 9 NOTICE of Appearance by Jason Greenfield on behalf of Soothe, Inc., (aty to be noticed) (Greenfield, Jason) |
| Filing 8 Letter MOTION for pre motion conference by Evident ID, Inc.. (Wilck, David) |
| Filing 7 NOTICE of Appearance by David Stephen Wilck on behalf of Evident ID, Inc. (aty to be noticed) (Wilck, David) |
| Filing 6 NOTICE of Appearance by Carol A. Lastorino on behalf of Evident ID, Inc. (aty to be noticed) (Lastorino, Carol) |
| Filing 5 Letter MOTION for pre motion conference by Soothe, Inc.,. (Attachments: #1 Exhibit A - T&C Agreement) (Montoya, Concepcion) |
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ORDER deferring ruling on #5 #8 . The premotion conference is waived. These letters are deemed to constitute defendants' motion to dismiss or compel arbitration. Plaintiff must file opposition, if there is any, by 11/9/2022; replies by 11/15/2022. Ordered by Judge Brian M. Cogan on 10/26/2022. (PW)
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Filing 4
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 11/10/2022 at 5:00 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 6315#. See attached mandatory requirements for the conference. In addition, plaintiff is directed to serve on defendant a complete set of medical releases and psychiatric authorizations prior to the conference. Ordered by Judge Brian M. Cogan on 10/20/2022. (PW)
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (PB) |
| Filing 2 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. (PB) |
| Filing 1 NOTICE OF REMOVAL by Soothe, Inc., from Supreme Court of the State of New York, County of Kings, case number 521998/2022. ( Filing fee $ 402 receipt number ANYEDC-16053094) (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Order to Show Cause with Temporary Restraining Order and Affirmation in Support, #3 Exhibit C - Stipulation Resolving Anonymity, #4 Exhibit D - Soothe's CPLR 3017(c) Demand, #5 Exhibit E - Plaintiff's Response to Soothe's CPLR 3017 (c) Demand, #6 Exhibit F - Stipulation for Extension of Time, #7 Civil Cover Sheet, #8 Affidavit of Service) (Montoya, Concepcion) |
| 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. (PB) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (PB) |
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