Mikhail v. The Procter & Gamble Company et al
| Amgad S. Mikhail |
| The Procter & Gamble Company, Procter & Gamble Productions, Inc., The Procter & Gamble Manufacturing Company and The Procter & Gamble Distributing Company |
| 2:2023cv08157 |
| November 1, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Anne Y Shields |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1441 Petition for Removal- Product Liability |
| None |
Docket Report
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This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Judge Gary R. Brown:Pre Motion Conference held on 12/19/2023. Adilya Gambone for plaintiff, Emily Ullman for defendants. Rule 12 motion argued and deemed made. The court grants the motion in part and denies the motion in part. Amended complaint to be filed within 90 days. (FTR Log #AT&T 2:00-2:34.) (KM) |
| Filing 7 Letter Response to DE5 -Pre Motion Conf by Amgad S. Mikhail (Dender, David) |
ORDER. Plaintiff's request for leave to file a motion for default judgment is DENIED. On November 8, 2023, the defendants filed a pre-motion conference letter in anticipation of their motion to dismiss (DE 5). For the purposes of time requirements for filing answers and motions under FRCP 12(a), this Court considers pre-motion conference letters the equivalent of the motion itself. See Individual Rule II(g)(2). As such, plaintiff's request is DENIED and plaintiff is DIRECTED to comply with the Court's Electronic Order, dated November 9. Ordered by Judge Gary R. Brown on 11/13/2023. (JP)
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| Filing 6 Request for Certificate of Default by Amgad S. Mikhail (Gambone, Adilya) |
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ORDER granting #5 Motion for Pre Motion Conference. A telephone pre-motion conference is scheduled for December 19, 2023, at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address the anticipated motion to dismiss pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 5. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference.Counsel should note that, in appropriate cases, the pre-motion letter along with counsels' arguments at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011). Plaintiff is directed to respond to DE 5 in accordance with the undersigned's individual rules by November 22, 2023. At the conference, the Court will issue a briefing schedule if necessary. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 11/9/2023. (JP)
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| Filing 5 Letter MOTION for pre motion conference for purpose of filing a motion to dismiss the complaint by Procter & Gamble Productions, Inc., The Procter & Gamble Company, The Procter & Gamble Distributing Company, The Procter & Gamble Manufacturing Company. (Ullman, Emily) |
| Filing 4 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 (CL) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Anne Y. Shields. 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. (CL) |
| This attorney case opening filing has been checked for quality control. (CL) |
| Filing 3 DECLARATION re #1 Notice of Removal,,,, Declaration of Emily Ullman Regarding Service and Filing of Defendants' Notice of Removal by Procter & Gamble Productions, Inc., The Procter & Gamble Company, The Procter & Gamble Distributing Company, The Procter & Gamble Manufacturing Company (Attachments: #1 Exhibit 1 - Notice Filed with State Court) (Ullman, Emily) |
| Filing 2 Corporate Disclosure Statement by Procter & Gamble Productions, Inc., The Procter & Gamble Company, The Procter & Gamble Distributing Company, The Procter & Gamble Manufacturing Company identifying Corporate Parent The Proctor & Gamble Company for Procter & Gamble Productions, Inc., The Procter & Gamble Company, The Procter & Gamble Manufacturing Company. (Ullman, Emily) |
| Filing 1 NOTICE OF REMOVAL by Procter & Gamble Productions, Inc., The Procter & Gamble Company, The Procter & Gamble Distributing Company, The Procter & Gamble Manufacturing Company Was the Disclosure Statement on Civil Cover Sheet completed -Yes from Supreme Court of The State of New York, County of Nassau, case number 616111/2023. ( Filing fee $ 402 receipt number ANYEDC-17243289) (Attachments: #1 Declaration of Emily Ullman, #2 Exhibit A - Verified Complaint, #3 Exhibit B - Summons, #4 Exhibit C - Complete Record, #5 Exhibit D - Ohio Entity Search - The Procter & Gamble Company, #6 Exhibit E - Ohio Entity Search - Procter & Gamble Productions, Inc, #7 Exhibit F - Ohio Entity Search - The Procter & Gamble Manufacturing Company, #8 Exhibit G - Delaware Entity Search - The Procter & Gamble Distributing LLC, #9 Exhibit H - New York Entity Search, #10 Exhibit I - Procter & Gamble Productions, Inc. Service of Process, #11 Exhibit J - The Procter & Gamble Manufacturing Company Service of Process, #12 Exhibit K - The Procter & Gamble Distributing Company Service of Process, #13 Civil Cover Sheet) (Ullman, Emily) Modified on 11/3/2023 (CL). |
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