Pastore et al v. Enzo Clinical Labs, Inc. et al
| Robert Pastore, Emily Martorano and Giomar Reyes |
| Enzo Clinical Labs, Inc. and Enzo Biochem, Inc. |
| 2:2023cv04636 |
| June 21, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Anne Y Shields |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Tort/Non-Motor Vehicle |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
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Filing 16
NOTICE of Appearance by Kevin Michael Osborne on behalf of Emily Martorano, Robert Pastore, Giomar Reyes (notification declined or already on case) (Attachments: #1 Certificate of Service) (Osborne, Kevin)
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Filing 15
NOTICE of Appearance by Elizabeth A. Kramer on behalf of Emily Martorano, Robert Pastore, Giomar Reyes (notification declined or already on case) (Attachments: #1 Certificate of Service) (Kramer, Elizabeth)
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ORDER granting #12 Motion for Leave to Appear Pro Hac Vice: The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 7/20/2023. (DM)
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ORDER granting #11 Motion for Leave to Appear Pro Hac Vice: The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 7/20/2023. (DM)
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Filing 14
AFFIDAVIT/AFFIRMATION re #12 Amended MOTION to Appear Pro Hac Vice Notice of Motion to Admit Counsel Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16902152 AFFIDAVIT OF ELIZABETH KRAMER IN SUPPORT OF PLAINTIFFS AMENDED MOTION TO ADMIT COUNSEL PRO HAC VICE by Emily Martorano, Robert Pastore, Giomar Reyes (Attachments: #1 Certificate of Service) (Kramer, Elizabeth)
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Filing 13
AFFIDAVIT/AFFIRMATION re #11 Amended MOTION to Appear Pro Hac Vice Notice of Motion to Admit Counsel Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16902125 AFFIDAVIT OF KEVIN OSBORNE IN SUPPORT OF PLAINTIFFS AMENDED MOTION TO ADMIT COUNSEL PRO HAC VICE by Emily Martorano, Robert Pastore, Giomar Reyes (Attachments: #1 Certificate of Service) (Osborne, Kevin)
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SCHEDULING ORDER: re #11 Amended MOTION to Appear Pro Hac Vice Notice of Motion to Admit Counsel Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16902125 filed by Robert Pastore, Emily Martorano, Giomar Reyes, #12 Amended MOTION to Appear Pro Hac Vice Notice of Motion to Admit Counsel Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16902152 filed by Robert Pastore, Emily Martorano, Giomar Reyes: The Court is in receipt of the amended motions for pro hac vice admission. The prior motions were denied because while the affidavits stated that the movants were admitted in both California and Colorado, certificates of good standing were only submitted from the state bar of California. Now, the movants have submitted revised affidavits stating that they are admitted only in California. The Court requires further explanation before granting the motions. The movants are directed to submit sworn affidavits, under penalty of perjury, explaining why their revised affidavits omit Colorado as a state in which they are admitted. Such affidavits shall be submitted within one (1) week. So Ordered by Magistrate Judge Anne Y. Shields on 7/19/2023. (DM)
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Filing 12
Amended MOTION to Appear Pro Hac Vice Notice of Motion to Admit Counsel Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16902152 by Emily Martorano, Robert Pastore, Giomar Reyes. (Attachments: #1 Affidavit Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 State Bar of California Certificate of Standing, #3 Northern District of California Certificate of Good Standing) (Kramer, Elizabeth)
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Filing 11
Amended MOTION to Appear Pro Hac Vice Notice of Motion to Admit Counsel Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16902125 by Emily Martorano, Robert Pastore, Giomar Reyes. (Attachments: #1 Affidavit Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 State Bar of California Certificate of Standing, #3 Northern District of California Certificate of Good Standing) (Osborne, Kevin)
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ORDER denying #9 Motion for Leave to Appear Pro Hac Vice: Local Civil Rule 1.3(c) requires a certificate of good standing from each state in which the applicant is admitted to practice law. Movant's application states that she is admitted in California and Colorado, yet only a certificate of good standing for the California state bar is attached. While the movant includes certificates of good standing from certain federal districts of Colorado, that is not sufficient under Local Civil Rule 1.3(c). If the applicant is admitted to the Colorado state bar, a certificate of good standing from that state bar is required for pro hac vice admission. So Ordered by Magistrate Judge Anne Y. Shields on 7/18/2023. (DM)
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ORDER denying #10 Motion for Leave to Appear Pro Hac Vice: Local Civil Rule 1.3(c) requires a certificate of good standing from each state in which the applicant is admitted to practice law. Movant's application states that he is admitted in California and Colorado, yet only a certificate of good standing for the California state bar is attached. While the movant includes certificates of good standing from certain federal districts of Colorado, that is not sufficient under Local Civil Rule 1.3(c). If the applicant is admitted to the Colorado state bar, a certificate of good standing from that state bar is required for pro hac vice admission. So Ordered by Magistrate Judge Anne Y. Shields on 7/18/2023. (DM)
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Filing 10
MOTION to Appear Pro Hac Vice Notice of Motion to Admit Counsel Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16898601 by Emily Martorano, Robert Pastore, Giomar Reyes. (Attachments: #1 Affidavit Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 State Bar of California Certificate of Standing, #3 District of Colorado Certificate of Good Standing, #4 Northern District of California Certificate of Good Standing) (Osborne, Kevin)
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Filing 9
MOTION to Appear Pro Hac Vice Notice of Motion to Admit Counsel Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16898448 by Emily Martorano, Robert Pastore, Giomar Reyes. (Attachments: #1 Affidavit Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 State Bar of California Certificate of Standing, #3 District of Colorado Certificate of Good Standing, #4 Northern District of California Certificate of Good Standing) (Kramer, Elizabeth)
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Case Consolidated., Cases associated. (JC)
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Filing 8
ORDER granting 23 Motion to Consolidate Cases (23-4282): NOW, THEREFORE, the undersigned parties, through their attorneys and subject to the Court's approval, stipulate and agree to the following: 1. The following related actions shall be consolidated for all purposes: SEE ATTACHED ORDER FOR FURTHER DETAILS. The Epstein case is designated as the lead case. All papers filed in the Consolidated Action shall be filed under Case No. 2:23-4282 and shall bear the following caption: SEE ATTACHED. All future actions filed in, or transferred to, this District that are related to this Consolidated Action shall be consolidated in the consolidated action, In re Enzo Biochem Data Security Litig., 2:23-4282, upon stipulation of the parties. 3. Any additional motions for the appointment of interim class counsel shall be filed on July 10th 2023.4. I Counsel for plaintiffs and Defendant do not intend to file responses to any motion for appointment of interim class counsel and therefore briefing on the motions to appoint interim class counsel under Fed. R. Civ. P. 23(g) will be complete as of July 10, 2023. Defendants shall be relieved from responding to the initial complaints filed in the above-captioned actions until the Court issues an Order on the appointment of interim lead class counsel. 6. Plaintiffs shall file a Consolidated Amended Complaint within forty-five (45) days from entry of the Order appointing interim lead class counsel. All Pending and future cases shall remain open until resolution of lead case. SEE ATTACHED. So Ordered by Judge Gary R. Brown on 7/10/2023. (JC)
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Filing 7
Notice of Related Case: The Civil Cover Sheet filed in civil action 23cv4770(GRB)(ARL) indicates this is a related case. (LJ)
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ORDER REASSIGNING CASE. Case reassigned to Judge Gary R. Brown and Magistrate Judge Anne Y. Shields (as related to 23-cv-4282)for all further proceedings. Judge Diane Gujarati, Magistrate Judge James M. Wicks 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 6/28/2023. (KD)
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Filing 6
Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates related cases. (AC)
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Filing 5
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. (AC)
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Filing 4
Summons Issued as to Enzo Biochem, Inc. (AC)
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Filing 3
Summons Issued as to Enzo Clinical Labs, Inc. (AC)
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Filing 2
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (AC)
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Case Assigned to Judge Diane Gujarati and Magistrate Judge James M. Wicks. 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. (AC)
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Filing 1
COMPLAINT against Enzo Biochem, Inc., Enzo Clinical Labs, Inc. filing fee $ 402, receipt number ANYEDC-16819051 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Robert Pastore, Giomar Reyes, Emily Martorano. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons) (Nematzadeh, Justin) Modified on 6/23/2023 (AC).
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