Cruz-Bermudez v. Henry Schein, Inc.
| Lucisbel Cruz-Bermudez and Helmut Becker |
| Henry Schein, Inc. |
| 2:2024cv00387 |
| January 18, 2024 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| James M Wicks |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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ORDER granting #14 and denying #15 as unnecessary. The premotion conference is waived. This letter is deemed to constitute defendant's motion to dismiss on the grounds stated. Plaintiffs' opposition due 3/25/24 by noon. (Plaintiffs should seriously consider withdrawing two or three of their more marginal claims.) The Court will hear oral argument on the motion by video on 3/29/24 at 11:45 a.m., and the Initial Status Conference is adjourned to that same date and time, provided, however, that the parties need not submit the joint summary letter for the conference, but must submit their proposed case management plan. A ZoomGov link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 3/17/2024. (PW)
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| Filing 15 Letter MOTION for pre motion conference re: Anticipated Motion to Dismiss by Henry Schein, Inc.. (Attachments: #1 Exhibit A - Notification Letter 1, #2 Exhibit B - Notification Letter 2) (Mukhi, Rahul) |
| Filing 14 Letter MOTION to Adjourn Conference Scheduled for March 21, 2024 on Consent by Henry Schein, Inc.. (Mukhi, Rahul) |
| Filing 13 NOTICE of Appearance by Gary M. Klinger on behalf of Helmut Becker (notification declined or already on case) (Klinger, Gary) |
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SCHEDULING ORDER: Counsel for all parties are directed to appear before the Honorable Brian M. Cogan for a telephonic Initial Status Conference on 3/21/2024 at 10:00 am. The parties are directed to call 571-353-2301 and enter Meeting ID 949146687#. Principal trial counsel must appear at this and all subsequent conferences. Plaintiff's counsel is directed to notify all attorneys in this action of the conference schedule in writing. Counsel is directed to review Judge Cogan's Individual Practices, which may be obtained on the Court's website at https://www.nyed.uscourts.gov/content/judge-brian-m-cogan. Requests for adjournment of the conference will be considered only if made in writing and otherwise in accordance with Judge Cogan's Rules. Ordered by Judge Brian M. Cogan on 3/5/2024. (PW)
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ORDER granting #12 Gary Klinger's Motion for Leave to Appear Pro Hac Vice as counsel for plaintiff Helmut Becker. 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 3/1/2024. (PW)
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| Filing 12 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-17615554 by Helmut Becker. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Cert of Good Standing) (Klinger, Gary) |
| Filing 11 NOTICE of Appearance by Vicki J. Maniatis on behalf of Helmut Becker, Lucisbel Cruz-Bermudez (aty to be noticed) (Maniatis, Vicki) |
| NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. In light of Counsel for Defendant's letter filed at ECF No. #9 and the representation that Counsel for Defendant intends to file a Motion to Dismiss, the briefing schedule should be addressed to the District Judge that will be assigned to this case. (DF) |
| Case reassigned to Judge Brian M. Cogan. Magistrate Judge James M. Wicks no longer assigned to the 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. (LF) |
| Filing 10 AMENDED COMPLAINT against Henry Schein, Inc., filed by Lucisbel Cruz-Bermudez, Helmut Becker. (Bilsborrow, James) |
| Filing 9 Letter addressed to Honorable James M. Wicks from Rahul Mukhi and Raina C. Borrelli dated February 16, 2024 re: joint status update by Henry Schein, Inc. (Mukhi, Rahul) |
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ORDER granting #8 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 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. So Ordered by Magistrate Judge James M. Wicks on 2/16/2024. (DN)
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ORDER. The return date for Raina C. Borrelli's Motion to Appear Pro Hac Vice (ECF No. #8 ) shall be on February 14, 2024. In accordance with this Court's Individual Practice Rules, any opposition must be filed by February 12, 2024. So Ordered by Magistrate Judge James M. Wicks on 2/7/2024. (DN)
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| Filing 8 MOTION to Appear Pro Hac Vice by Raina C. Borrelli Filing fee $ 150, receipt number ANYEDC-17539692 by Lucisbel Cruz-Bermudez. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Bilsborrow, James) |
| Filing 7 Corporate Disclosure Statement by Henry Schein, Inc. (Mukhi, Rahul) |
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ORDER granting #6 Motion for Extension of Time to Answer. Defendant's time to respond to the complaint, by answer or motion, is hereby extended to and including March 15, 2024. In the event that Defendant intends to file a motion to dismiss the complaint, then a District Judge will be randomly assigned to address the dispositive motion unless the parties beforehand file a consent to the undersigned for all purposes. In any event, if a stay is sought pending the anticipated motion to dismiss, the parties are directed to file a motion for same before the undersigned. As to whether this action should be consolidated, or at least coordinated, with Depperschmidt v Henry Schein, Inc., 24-CV-0550 (ARL) (E.D.N.Y. filed Jan. 25, 2024), the parties are directed to meet and confer and file a joint status letter on that issue on or before Feb. 16, 2024. So Ordered by Magistrate Judge James M. Wicks on 2/2/2024. (Wicks, James)
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| Filing 6 Letter MOTION for Extension of Time to File Answer by Henry Schein, Inc.. (Mukhi, Rahul) |
| Filing 5 NOTICE of Appearance by Rahul Mukhi on behalf of Henry Schein, Inc. (aty to be noticed) (Mukhi, Rahul) |
| Filing 4 NOTICE of Appearance by Jonathan Samuel Kolodner on behalf of Henry Schein, Inc. (aty to be noticed) (Kolodner, Jonathan) |
| NOTICE: This case has been assigned to a Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. The Administrative Order, answers to Frequently Asked Questions about the Pilot Program, information about consenting to a Magistrate Judge, and a biography of the Magistrate Judge assigned to this case are on the Court's website: https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program (DF) |
| Filing 3 Summons Issued as to Henry Schein, Inc. (CL) |
| Filing 2 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CL) |
| This attorney case opening filing has been checked for quality control. (CL) |
| Case Assigned to 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. (CL) |
| Filing 1 COMPLAINT against Henry Schein, Inc. filing fee $ 405, receipt number ANYEDC-17477041 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Lucisbel Cruz-Bermudez. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A) (Bilsborrow, James) |
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