Ziboukh et al v. Whaleco Inc. et al
Noah Kupper, Tyana Daughtery, Miguel Acosta, Jehan Ziboukh, Olaya Bourakkadi Amrani, Cynthia Rodriguez, I.E., a minor, A.H., a minor, J.P., a minor, Christian Vega, Nicole May, Debra Krystyn, Solaliz Hernandez, Margret Philie, Vinson Mangos and Vera Figlock |
WhaleCo Inc. doing business as Temu, Pinduoduo Inc. and PDD Holdings Inc. |
Troy Law, PLLC |
1:2024cv03733 |
May 23, 2024 |
U.S. District Court for the Eastern District of New York |
Margo K Brodie |
Robert M Levy |
Fraud or Truth-In-Lending |
28 U.S.C. § 1332 Diversity-Fraud |
Both |
Docket Report
This docket was last retrieved on July 17, 2024. A more recent docket listing may be available from PACER.
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Filing 58 NOTICE of Appearance by Gary Feinerman on behalf of PDD Holdings Inc., WhaleCo Inc. (notification declined or already on case) (Feinerman, Gary) |
Filing 57 NOTICE of Appearance by Mark Mester on behalf of PDD Holdings Inc., WhaleCo Inc. (notification declined or already on case) (Mester, Mark) |
Filing 56 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18047497 by PDD Holdings Inc., WhaleCo Inc.. (Attachments: #1 Declaration of Gary S. Feinerman in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order Granting Motion to Admit Counsel Pro Hac Vice) (Feinerman, Gary) |
Filing 55 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18047372 by PDD Holdings Inc., WhaleCo Inc.. (Attachments: #1 Declaration of Mark S. Mester in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order Granting Motion to Admit Counsel Pro Hac Vice) (Mester, Mark) |
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Filing 54 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-17970609 by A.H., a minor, Miguel Acosta, Olaya Bourakkadi Amrani, Tyana Daughtery, Vera Figlock, Solaliz Hernandez, I.E., a minor, J.P., a minor, Debra Krystyn, Noah Kupper, Vinson Mangos, Nicole May, Margret Philie, Cynthia Rodriguez, Christian Vega, Jehan Ziboukh. (Attachments: #1 Affidavit, #2 Certificate of Good Standing - IL, #3 Certificate of Good Standing - DC) (Smith, Douglas) |
Filing 53 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-17969458 by A.H., a minor, Miguel Acosta, Olaya Bourakkadi Amrani, Tyana Daughtery, Vera Figlock, Solaliz Hernandez, I.E., a minor, J.P., a minor, Debra Krystyn, Noah Kupper, Vinson Mangos, Nicole May, Margret Philie, Cynthia Rodriguez, Christian Vega, Jehan Ziboukh. (Attachments: #1 Affidavit, #2 Certificate of Good Standing - WA, #3 Certificate of Good Standing - IL) (Berman, Steve) |
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Filing 52 NOTICE of Appearance by Haichuan Luo on behalf of PDD Holdings Inc., WhaleCo Inc. (aty to be noticed) (Luo, Haichuan) |
Filing 51 NOTICE of Appearance by Matthew Valenti on behalf of PDD Holdings Inc., WhaleCo Inc. (aty to be noticed) (Valenti, Matthew) |
Filing 50 NOTICE of Appearance by Serrin Turner on behalf of PDD Holdings Inc., WhaleCo Inc. (notification declined or already on case) (Turner, Serrin) |
Filing 49 Letter RESPONSE to Defendants' Pre-Motion Letter for Motion to Compel Arbitration and Motion to Dismiss by A.H., a minor, Miguel Acosta, Olaya Bourakkadi Amrani, Tyana Daughtery, Vera Figlock, Solaliz Hernandez, I.E., a minor, J.P., a minor, Debra Krystyn, Noah Kupper, Vinson Mangos, Nicole May, Margret Philie, Cynthia Rodriguez, Christian Vega, Jehan Ziboukh (Attachments: #1 Exhibit A, #2 Exhibit B) (Evans, Jeannie) |
Filing 48 NOTICE of Appearance by Nathaniel A. Tarnor on behalf of A.H., a minor, Miguel Acosta, Olaya Bourakkadi Amrani, Tyana Daughtery, Vera Figlock, Solaliz Hernandez, I.E., a minor, J.P., a minor, Debra Krystyn, Noah Kupper, Vinson Mangos, Nicole May, Margret Philie, Cynthia Rodriguez, Christian Vega, Jehan Ziboukh (aty to be noticed) (Tarnor, Nathaniel) |
Filing 47 NOTICE of Appearance by Jeannie Evans on behalf of A.H., a minor, Miguel Acosta, Olaya Bourakkadi Amrani, Tyana Daughtery, Vera Figlock, Solaliz Hernandez, I.E., a minor, J.P., a minor, Debra Krystyn, Noah Kupper, Vinson Mangos, Nicole May, Margret Philie, Cynthia Rodriguez, Christian Vega, Jehan Ziboukh (notification declined or already on case) (Evans, Jeannie) |
Filing 46 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-17952010 by A.H., a minor, Miguel Acosta, Olaya Bourakkadi Amrani, Tyana Daughtery, Vera Figlock, Solaliz Hernandez, I.E., a minor, J.P., a minor, Debra Krystyn, Noah Kupper, Vinson Mangos, Nicole May, Margret Philie, Cynthia Rodriguez, Christian Vega, Jehan Ziboukh. (Attachments: #1 Affidavit, #2 Certificate of Good Standing - IL, #3 Certificate of Good Standing - CA) (Evans, Jeannie) |
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Filing 45 Letter MOTION for pre motion conference // Request for Leave to File Motion to Compel Arbitration and Motion to Dismiss [re-filed as a letter directed to Judge Brodie] by PDD Holdings Inc., WhaleCo Inc.. (Attachments: #1 Exhibit A - Temu Registration Prompt, #2 Exhibit B - Temu Terms of Use) (Turner, Serrin) |
Filing 44 NOTICE of Appearance by John Troy on behalf of Troy Law, PLLC (aty to be noticed) (Troy, John) |
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Filing 43 Letter MOTION for pre motion conference // Request for Leave to File Motion to Compel Arbitration and Motion to Dismiss by PDD Holdings Inc., WhaleCo Inc.. (Attachments: #1 Exhibit A - Temu Registration Prompt, #2 Exhibit B - Temu Terms of Use) (Turner, Serrin) |
Filing 42 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) |
Filing 41 Case transferred in from District of Illinois Northern; Case Number 1:23-cv-15653. Original file certified copy of transfer order and docket sheet received. |
Filing 40 TRANSFERRED to the Eastern District of New York the Electronic Record. (jh, ) [Transferred from Illinois Northern on 5/23/2024.] |
The case of Ziboukh et al v. Whaleco Inc. et al, has been transferred from Northern District of Illinois to the Eastern District of New York. The new case number is 24-cv-3733. PLEASE NOTE: 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. (KD) |
Notice of Related Case: The Transfer Order indicates a related case (23-cv-6962 MKB-RML). (KD) |
***Civil Case Terminated. (ecw, ) [Transferred from Illinois Northern on 5/23/2024.] |
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Filing 38 NOTICE by Douglas Geoffrey Smith of Change of Address (Smith, Douglas) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 37 REPLY by Plaintiffs A.H. A Minor, Miguel Acosta, Olaya Bourakkadi Amrani, Tyana Daughtery, Vera Figlock, Solaliz Hernandez, I.E. A Minor, J.P. A Minor, Debra Krystyn, Noah Kupper, Vinson Mangos, Nicole May, Margret Philie, Cynthia Rodriguez, Christian Vega, Jehan Ziboukh to memorandum in support of motion, #30 , motion to transfer case, #29 Plaintiffs' Reply In Support of Motion to Transfer Venue (Attachments: #1 Exhibit A, #2 Exhibit B)(Evans, Jeannie) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 36 MEMORANDUM by PDD Holdings Inc., WhaleCo Inc. in Opposition to motion to transfer case, #29 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Turner, Serrin) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 35 MINUTE entry before the Honorable Thomas M. Durkin: Consent motion for Defendants' leave to file briefs in excess of fifteen pages #28 is granted. Mailed notice. (ecw, ) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 34 MINUTE entry before the Honorable Thomas M. Durkin: Defendants shall respond to Plaintiffs' Motion to Transfer Venue #29 by 4/19/2024. Plaintiffs shall reply by 5/3/2024. Defendants' answer or other response to the Amended Complaint is stayed until resolution of the Motion to Transfer Venue. Mailed notice. (ecw, ) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 33 Parties' Joint Submission on Briefing Schedule by A.H. A Minor, Miguel Acosta, Olaya Bourakkadi Amrani, Tyana Daughtery, Vera Figlock, Solaliz Hernandez, I.E. A Minor, J.P. A Minor, Debra Krystyn, Noah Kupper, Vinson Mangos, Nicole May, Margret Philie, Cynthia Rodriguez, Christian Vega, Jehan Ziboukh (Evans, Jeannie) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 32 Plaintiffs' Submission on Briefing Schedule by A.H. A Minor, Miguel Acosta, Olaya Bourakkadi Amrani, Tyana Daughtery, Vera Figlock, Solaliz Hernandez, I.E. A Minor, J.P. A Minor, Debra Krystyn, Noah Kupper, Vinson Mangos, Nicole May, Margret Philie, Cynthia Rodriguez, Christian Vega, Jehan Ziboukh (Attachments: #1 Exhibit 1)(Evans, Jeannie) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 31 DECLARATION of Steve W. Berman regarding motion to transfer case, #29 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Berman, Steve) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 30 MEMORANDUM by A.H. A Minor, Miguel Acosta, Olaya Bourakkadi Amrani, Tyana Daughtery, Vera Figlock, Solaliz Hernandez, I.E. A Minor, J.P. A Minor, Debra Krystyn, Noah Kupper, Vinson Mangos, Nicole May, Margret Philie, Cynthia Rodriguez, Christian Vega, Jehan Ziboukh in support of motion to transfer case, #29 (Berman, Steve) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 29 MOTION by Plaintiffs A.H. A Minor, Miguel Acosta, Olaya Bourakkadi Amrani, Tyana Daughtery, Vera Figlock, Solaliz Hernandez, I.E. A Minor, J.P. A Minor, Debra Krystyn, Noah Kupper, Vinson Mangos, Nicole May, Margret Philie, Cynthia Rodriguez, Christian Vega, Jehan Ziboukh to transfer case (Berman, Steve) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 28 MOTION by Defendants PDD Holdings Inc., WhaleCo Inc. for leave to file excess pages - Consent Motion for Defendants' Leave to File Briefs in Excess of Fifteen Pages (Turner, Serrin) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 27 MINUTE entry before the Honorable Thomas M. Durkin: The Court has reviewed the parties' positions on setting a discovery schedule. R. 24. Defendants' position is that discovery should be stayed pending resolution of the motion to compel arbitration that Defendants intend to file. Plaintiffs' position is that discovery should proceed alongside Defendant's motion. It is proper to stay discovery pending the resolution of a motion to compel arbitration, and such a stay supports goals such as efficiency and reduced expense. See Coinbase, Inc. v. Bielski, 599 U.S. 736, 743, 747 (2023) (holding that district courts are required to stay their proceedings pending interlocutory appeal of motion to compel arbitration). Discovery is thus stayed until resolution of Defendants' motion to compel arbitration. Plaintiffs may renew their motion for discovery if they require particularized discovery to respond to the motion to compel arbitration. Mailed notice. (ecw, ) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 26 MINUTE entry before the Honorable Thomas M. Durkin: Defendants' motion to compel arbitration #17 is denied without prejudice as moot. Mailed notice. (ecw, ) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 25 MINUTE entry before the Honorable Thomas M. Durkin: Consent motion for extension of time #23 is granted. Defendants are to answer or otherwise respond to the Amended Complaint by 4/5/2024. Mailed notice. (ecw, ) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 24 STATUS Report (Joint) by PDD Holdings Inc., WhaleCo Inc. (Turner, Serrin) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 23 MOTION by Defendants PDD Holdings Inc., WhaleCo Inc. for extension of time to Answer or Otherwise Respond to Amended Complaint (Turner, Serrin) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 22 MINUTE entry before the Honorable Thomas M. Durkin: Defendants have filed a motion to compel arbitration, R. 17, and the parties have filed a joint submission indicating that they cannot agree to a briefing schedule, R. 20. In the joint submission, Plaintiffs state that they "are not in a position to agree to a proposed briefing schedule until we see Defendants' motion to compel and understand what discovery may be necessary." Id. at p. 4. The parties are already required to file a joint status report by 2/23/24. R. 11. The parties should include in the joint status report, now that Plaintiffs have reviewed Defendants' motion, if they can agree to a briefing schedule on Defendants' motion as well as a schedule for arbitration-related discovery. If the parties still cannot reach an agreementfor example, if Defendants maintain that Plaintiffs are not entitled to arbitration-related discoveryPlaintiffs should state 1) the specific discovery they plan to seek and 2) the relevance of that discovery for their response to Defendants' motion. Defendants should give their reasons why they oppose such a request, if in addition to those already noted in R. 20. Mailed notice. (ecw, ) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 21 AMENDED complaint by Debra Krystyn, Margret Philie, Jehan Ziboukh, Solaliz Hernandez, Vera Figlock, Nicole May, Tyana Daughtery, Miguel Acosta, Olaya Bourakkadi Amrani, Vinson Mangos, Noah Kupper, J.P. A Minor, I.E. A Minor, A.H. A Minor, Cynthia Rodriguez, Christian Vega against PDD Holdings Inc., WhaleCo Inc. (Attachments: #1 Attachment A)(Berman, Steve) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 20 Parties' Joint Submission on Scheduling Proposals by PDD Holdings Inc., WhaleCo Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Turner, Serrin) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 19 DECLARATION of Michael Trinh regarding motion to compel #17 (Attachments: #1 Exhibit A, #2 Exhibit B)(Turner, Serrin) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 18 MEMORANDUM by PDD Holdings Inc., WhaleCo Inc. in support of motion to compel #17 arbitration (Turner, Serrin) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 17 MOTION by Defendants PDD Holdings Inc., WhaleCo Inc. to compel arbitration (Turner, Serrin) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 16 MINUTE entry before the Honorable Thomas M. Durkin: Motions to appear pro hac vice #13 , #14 , #15 are granted. Attorneys Serrin Turner, Matthew P. Valenti, and Haichuan (Hadrian) Luo for PDD Holdings Inc. and WhaleCo Inc. added. Mailed notice. (ecw, ) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21622987. (Luo, Haichuan (Hadrian)) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 14 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21622979. (Valenti, Matthew) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 13 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21622931. (Turner, Serrin) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 12 ATTORNEY Appearance for Defendants PDD Holdings Inc., WhaleCo Inc. by Gary Feinerman (Feinerman, Gary) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 11 MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time #10 is granted. Defendants are to answer or otherwise respond to Plaintiffs' Complaint by 2/9/2024. By 2/23/2024, the parties are to file a joint status report. The parties may refer to the format detailed on the Court's website under New and Reassigned cases. Mailed notice. (ecw, ) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 10 MOTION by Defendants PDD Holdings Inc., WhaleCo Inc. for extension of time to Answer or Otherwise Respond to Plaintiffs' Complaint (Mester, Mark) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by PDD Holdings Inc., WhaleCo Inc. (Mester, Mark) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 8 ATTORNEY Appearance for Defendants PDD Holdings Inc., WhaleCo Inc. by Mark Steven Mester (Mester, Mark) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 7 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 6 WAIVER OF SERVICE returned executed by Solaliz Hernandez, Vera Figlock, Debra Krystyn, Margret Philie, Nicole May, Tyana Daughtery. All Defendants. (Evans, Jeannie) [Transferred from Illinois Northern on 5/23/2024.] |
SUMMONS Issued as to Defendants PDD Holdings Inc., WhaleCo Inc. (jxm, ) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 5 ATTORNEY Appearance for Plaintiffs Tyana Daughtery, Vera Figlock, Solaliz Hernandez, Debra Krystyn, Nicole May, Margret Philie, Jehan Ziboukh by Douglas Geoffrey Smith (Smith, Douglas) [Transferred from Illinois Northern on 5/23/2024.] |
CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (mek,) [Transferred from Illinois Northern on 5/23/2024.] |
CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 1). (mek,) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 4 ATTORNEY Appearance for Plaintiffs Tyana Daughtery, Vera Figlock, Solaliz Hernandez, Debra Krystyn, Nicole May, Margret Philie, Jehan Ziboukh by Jeannie Y Evans (Evans, Jeannie) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 3 ATTORNEY Appearance for Plaintiffs Tyana Daughtery, Vera Figlock, Solaliz Hernandez, Debra Krystyn, Nicole May, Margret Philie, Jehan Ziboukh by Steve W. Berman (Berman, Steve) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 2 CIVIL Cover Sheet (Berman, Steve) [Transferred from Illinois Northern on 5/23/2024.] |
Filing 1 COMPLAINT filed by Solaliz Hernandez, Vera Figlock, Debra Krystyn, Margret Philie, Nicole May, Jehan Ziboukh, Tyana Daughtery; Jury Demand. Filing fee $ 402, receipt number AILNDC-21297164.(Berman, Steve) [Transferred from Illinois Northern on 5/23/2024.] |
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