Weisberg v. MedTech Products, Inc. et al
| CYNTHIA WEISBERG, individually and on behalf of all others similarly situated and Cynthia Weisberg |
| MEDTECH PRODUCTS, INC. and PRESTIGE CONSUMER HEALTHCARE COMPANY, MedTech Products, Inc. and Prestige Consumer Healthcare Company |
| 1:2024cv02946 |
| April 19, 2024 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 10, 2024. A more recent docket listing may be available from PACER.
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| Civil Case Terminated as per Stipulation of Voluntary Dismissal. (PW) |
| Filing 10 STIPULATION of Dismissal by Cynthia Weisberg (Costello, Andrew) |
| Filing 9 NOTICE of Appearance by Anthony Anscombe on behalf of MedTech Products, Inc., Prestige Consumer Healthcare Company (notification declined or already on case) (Anscombe, Anthony) |
ORDER granting #7 Anthony Anscombe's Motion for Leave to Appear Pro Hac Vice as counsel for defendants. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the $200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 6/3/2024. (PW)
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| Filing 8 ANSWER to Complaint by MedTech Products, Inc., Prestige Consumer Healthcare Company. (Glassman, Evan) |
| Filing 7 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-17886690 by MedTech Products, Inc., Prestige Consumer Healthcare Company. (Attachments: #1 Affidavit of Anthony Anscombe, #2 Proposed Order) (Anscombe, Anthony) |
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ORDER granting #6 . First, defendant may have until 5/20/2024 to file its answer because "[i]n truth, the answer in a civil action is the most useless paper in the courthouse." Alexander By and Through Alexander v. Richardson-Merrell Inc., 541 F.Supp. 93, 94 (S.D.N.Y. 1982). Far more useful is the joint statement of the case that the parties are required to submit pursuant to this Court's Scheduling Order in advance of the initial status conference. In addition, although the Court will grant a short adjournment of the Initial Status Conference, this case is going to move a lot faster than either side apparently thinks. The conference is adjourned to 6/17/2024 at 11:00 am. The parties are directed to call 571-353-2301 and enter Meeting ID 949146687#. Ordered by Judge Brian M. Cogan on 4/30/2024. (PW)
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| Filing 6 Letter MOTION for Extension of Time to File Answer by MedTech Products, Inc., Prestige Consumer Healthcare Company. (Glassman, Evan) |
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Filing 5
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 5/23/2024 at 11:00 am. The parties are directed to call 571-353-2301 and enter Meeting ID 949146687#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 4/29/2024. (PW)
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ORDER STRIKING #4 . This stipulation is void and of no effect as extensions of time can only be granted by the Court, not plaintiff's counsel. See Fed. R. Civ. P. 6(b). If defendants' counsel wanted to be governed by state practice, he shouldn't have removed the case. In addition, the Court is not convinced that defendant has demonstrated a reasonable probability that the amount in controversy satisfies CAFA's jurisdictional minimum, although it will allow defendant to make further submissions on that point. See, e.g., Starke v. United Parcel Serv., Inc., 2011 WL 13294965, at *2 (E.D.N.Y. Jan. 13, 2011). Ordered by Judge Brian M. Cogan on 4/29/2024. (PW)
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| Filing 4 STIPULATION to Adjourn Time to Respond to Complaint, by MedTech Products, Inc., Prestige Consumer Healthcare Company (Glassman, Evan) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
| 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. (SDM) |
| Filing 2 Civil Cover Sheet.. by MEDTECH PRODUCTS, INC. and PRESTIGE CONSUMER HEALTHCARE COMPANY (Glassman, Evan) |
| Filing 1 NOTICE OF REMOVAL by MEDTECH PRODUCTS, INC. and PRESTIGE CONSUMER HEALTHCARE COMPANY from Supreme Court of the State of New York, County of Kings, case number 507103/2024. ( Filing fee $ 405 receipt number ANYEDC-17793307) (Attachments: #1 Exhibit A - State Court Documents) (Glassman, Evan) |
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