Ezra v. Weitz and Luxenberg, P.C. et al
| Beverly J. Ezra |
| Does and Roes I through XX and Weitz & Luxenberg, P.C. |
| 1:2018cv06802 |
| July 28, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Alvin K Hellerstein |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 21, 2018. A more recent docket listing may be available from PACER.
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| Filing 21 AMENDED COMPLAINT amending #5 Complaint against Does and Roes I through XX, Weitz & Luxenberg, P.C. with JURY DEMAND.Document filed by Beverly J. Ezra. Related document: #5 Complaint. (Attachments: #1 Affidavit Declaration of Alan S Levin In Support of Amended Complaint)(Levin, Alan) |
| Filing 20 FILING ERROR - DUPLICATE DOCKET ENTRY AMENDED COMPLAINT amending #5 Complaint against Does and Roes I through XX, Weitz & Luxenberg, P.C. with JURY DEMAND.Document filed by Beverly J. Ezra. Related document: #5 Complaint.(Levin, Alan) Modified on 9/25/2018 (sj). |
Filing 19
ORDER denying #13 Motion to Consolidate Cases. Denied. Consolidation is not appropriate at this stage. Counsel and the Court easily can coordinate discovery to avoid inefficiency. (Signed by Judge Alvin K. Hellerstein on 9/14/2018) (ne)
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Filing 18
ORDER denying #15 Motion to Dismiss The motion to dismiss is denied. Plaintiff filed this lawsuit on July 28, 2018, alleging that it discovered wrongful conduct by Defendant Weitz & Luxenberg on October 2015 when plaintiff discovered that its claims against Bristol-Myers Squibb had been dismissed with prejudice on August 31, 2000. However, there are issues of fact, inappropriate to decide on a 12(b) motion to dismiss, for example, the status and agency of Weitz & Luxemburg, the circumstances leading to the tolling agreement, etc. Hence, the motion is denied. Whether it might be appropriate after Answer as a 12(c) motion can be decided at that time. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin)
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| Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 9/14/2018, ( Amended Pleadings due by 9/21/2018., Motions due by 10/16/2018., Replies due by 11/13/2018., Responses due by 11/2/2018). (Jones, Brigitte) |
| Filing 17 MEMORANDUM OF LAW in Opposition re: #13 MOTION to Consolidate Cases 1:18-cv-07911 . . Document filed by Weitz & Luxenberg, P.C.. (Pennock, Shannon) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Weitz & Luxenberg, P.C..(Pennock, Shannon) |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Pursuant to Fed. Rule Civ. Proc. 12(B)(6). Document filed by Weitz & Luxenberg, P.C.. Responses due by 9/25/2018 (Attachments: #1 Memorandum of Law in Support of Defendant's Motion to Dismiss, #2 Declaration of Shannon Pennock with Exhibits A & B)(Pennock, Shannon) Modified on 9/19/2018 (db). |
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Filing 14
ORDER with respect to #13 Motion to Consolidate Cases. A status conf. will beheld Sep. 14, 2018 at 10:00 am. to discuss this case and 18cr07911. (Signed by Judge Alvin K. Hellerstein on 9/5/2018) (ne)
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| Set/Reset Hearings: Status Conference set for 9/14/2018 at 10:00 AM before Judge Alvin K. Hellerstein. (ne) |
| Filing 13 MOTION to Consolidate Cases 1:18-cv-07911 . Document filed by Beverly J. Ezra.(Levin, Alan) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Weitz & Luxenberg, P.C. served on 8/20/2018, answer due 9/10/2018. Service was accepted by Denise Rijo, Legal Clerk. Document filed by Beverly J. Ezra. (Levin, Alan) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Weitz & Luxenberg, P.C.. (dnh) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Weitz & Luxenberg, P.C., re: #5 Complaint. Document filed by Beverly J. Ezra. (Levin, Alan) |
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Filing 9
ORDER FOR ADMISSION PRO HAC VICE granting #8 Motion for Alan Scott Levin to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 8/2/2018) (ne)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Alan Scott Levin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alan Scott Levin to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form; the official form must not be altered (date and clerk signature lines). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 8 MOTION for Alan Scott Levin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beverly J. Ezra. (Attachments: #1 Affidavit Affidavit in support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice, #3 Certificate of Good Standing CA State Bar, #4 Certificate of Good Standing CA Sup Ct, #5 Certificate of Good Standing NV State Bar, #6 Certificate of Good Standing NV Sup Ct, #7 Certificate of Good Standing TX State Bar, #8 Certificate of Good Standing TX Sup Ct)(Levin, Alan) |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Weitz & Luxenberg, P.C., a New York professional corporation, re: #5 Complaint. Document filed by Beverly J. Ezra. (Levin, Alan) Modified on 8/2/2018 (dnh). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alan Scott Levin to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the caption on the PDF does not directly correspond to the caption on the pleading; There is an error in the party text. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Weitz & Luxenberg, P.C., a professional corporation, re: #5 Complaint. Document filed by Beverly J. Ezra. (Levin, Alan) Modified on 8/1/2018 (dnh). |
| Filing 5 COMPLAINT against Weitz & Luxenberg, P.C.. Document filed by Beverly J. Ezra.(Levin, Alan) |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Alan Scott Levin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beverly J. Ezra. (Attachments: #1 Affidavit, #2 Exhibit, #3 Errata, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Levin, Alan) Modified on 7/30/2018 (wb). |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Beverly J. Ezra. Document filed by Beverly J. Ezra.(Levin, Alan) Modified on 7/30/2018 (pc). |
| Filing 2 CIVIL COVER SHEET filed. (Levin, Alan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alan Scott Levin to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alan Scott Levin. The party information for the following party/parties has been modified: Beverly J Ezera, Weitz and Luxenberg, I through XX Does and Roes. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alan Scott Levin. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Citizenship Plaintiff code 2 (Citizen of Another State); Citizenship Defendant code 1 (Citizen of This State); Dollar Demand $5,000,000,000; County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Citizenship Plaintiff code has been modified to 2 (Citizen of Another State); the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Dollar Demand has been modified to $9,999,000; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alan Scott Levin to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. All documents that are not exhibits to the complaint must be filed separately as their own filings. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) Modified on 7/30/2018 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Alan Scott Levin to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong event type was used to file the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alan Scott Levin to RE-FILE Document No. #3 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #4 FIRST MOTION for Alan Scott Levin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
| Case Designated ECF. (pc) |
| Pro Hac Vice Fee Payment: for #4 FIRST MOTION for Alan Scott Levin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number 0208-15383974.(Levin, Alan) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Beverly J Ezera. (Filing Fee $ 400.00, Receipt Number 0208-15380196)Document filed by Beverly J Ezera. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons, #3 Motion for PHV, #4 Affidavit for PHV, #5 PHV notice, #6 Order for PHV, #7 Cert of G.S. from NV, #8 Certs of G.S. from CA & NV, #9 Cert of G.S. from S.C. Tx, #10 Cert of G.S. from Tx Bar)(Levin, Alan) Modified on 7/30/2018 (pc). |
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