Heather Wanke et al v. Invasix Inc.
Plaintiff: Janice Newman
Defendant: Invasix Inc.
Case Number: 1:2019cv07494
Filed: August 12, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Naomi Reice Buchwald
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 pl
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 4, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 3, 2019 Filing 43 STATUS REPORT. to Honorable Naomi Reice Buchwald Document filed by Invasix Inc..(Battisti, Nicole)
October 1, 2019 Opinion or Order Filing 42 MEMO ENDORSEMENT on ORDER GRANTING ESENSTEN LAW'S APPLICATION TO WITHDRAW AS PLAINTIFF'S COUNSEL: granting #41 Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. Attorney Robert L Esensten and Randi Rose Geffner terminated. (Signed by Judge Naomi Reice Buchwald on 10/01/2019) (ama)
September 23, 2019 Filing 41 MOTION for Robert Esensten, Randi R. Geffner and Esensten Law to Withdraw as Attorney . Document filed by Janice Newman. (Attachments: #1 Text of Proposed Order Proposed Order)(Davis, Amy)
September 12, 2019 Filing 40 NOTICE OF APPEARANCE by Nicole Marie Battisti on behalf of Invasix Inc.. (Battisti, Nicole)
August 14, 2019 Opinion or Order Filing 39 ORDER FOR ADMISSION PRO HAC VICE granting #38 Motion for Amy Elaine Davis to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 8/14/2019) (rj)
August 14, 2019 Filing 38 MOTION for Amy Elaine Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17427099. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Janice Newman. (Attachments: #1 Text of Proposed Order Proposed Order)(Davis, Amy)
August 14, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #38 MOTION for Amy Elaine Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17427099. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 12, 2019 Filing 37 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:19-cv-02978. Original file certified copy of transfer order and docket entries received. (sjo)
August 12, 2019 Magistrate Judge Barbara C. Moses 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. (sjo)
August 12, 2019 Case Designated ECF. (sjo)
August 12, 2019 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
August 12, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Naomi Reice Buchwald. 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. (sjo)
August 7, 2019 Opinion or Order Filing 36 MINUTES (IN CHAMBERS) Order Re: Defendant's Motion to Sever and Transfer Plaintiff's Claims [DE #20 ] by Judge R. Gary Klausner: The Court GRANTS Invasix's Motion to Sever and Transfer. Plaintiffs' action is severed into three separate actions. The Wanke action and the Jones action shall be Transferred to the Central District of Tennessee, and the Newman action shall be transferred to the Southern District of New York. (MD JS-6. Case Terminated.) Case transferred electronically. (jp) [Transferred from California Central on 8/12/2019.]
July 30, 2019 Opinion or Order Filing 35 ORDER by Judge R. Gary Klausner: granting #29 Non-Resident Attorney Arthur J Liederman APPLICATION to Appear Pro Hac Vice on behalf of Defendant Invasix Inc., designating Jon R Schwalbach as local counsel. (jp) (Main Document 35 replaced on 8/1/2019) (jp). [Transferred from California Central on 8/12/2019.]
July 24, 2019 Opinion or Order Filing 34 SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant's Motion to Sever Plaintiffs' Claims and Transfer Case #20 , calendared for hearing on July 29, 2019, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY [Transferred from California Central on 8/12/2019.]
July 19, 2019 Opinion or Order Filing 33 DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner. The Stipulation #31 is DENIED. The motion will be taken under submission and no appearances by counsel will be necessary. (jp) [Transferred from California Central on 8/12/2019.]
July 19, 2019 Filing 32 Pursuant to Local Rule 5-4.4.2, counsel for defendant shall immediately submit the proposed order in connection with Docket Entry 29 (to the Judge's generic email address) in Word or Word Perfect format. Text Only Entry THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY [Transferred from California Central on 8/12/2019.]
July 16, 2019 Filing 31 Joint STIPULATION for Hearing re NOTICE OF MOTION AND MOTION to Sever plaintiffs' claims and transfer case #20 , Notice of Lodging #23 filed by Defendant Invasix Inc.. (Attachments: #1 Proposed Order Proposed Order)(Schwalbach, Jon) [Transferred from California Central on 8/12/2019.]
July 15, 2019 Filing 30 RESPONSE IN SUPPORT of Motion to Sever and Transfer Plaintiffs Claims filed by Defendant Invasix Inc.. (Schwalbach, Jon) [Transferred from California Central on 8/12/2019.]
July 15, 2019 Filing 29 Amended APPLICATION of Non-Resident Attorney Arthur J. Liederman to Appear Pro Hac Vice on behalf of Defendant Invasix Inc. (Pro Hac Vice Fee - $400.00 Previously Paid on 7/1/2019, Receipt No. 0973-24005415) filed by Defendant Invasix Inc.. (Attachments: #1 Proposed Order Proposed Order) (Schwalbach, Jon) [Transferred from California Central on 8/12/2019.]
July 9, 2019 Filing 28 OPPOSITION to NOTICE OF MOTION AND MOTION to Sever plaintiffs' claims and transfer case #20 and Brief in Support filed by Plaintiff Heather Wanke. (Attachments: #1 Exhibit Exhibits)(Davis, Amy) [Transferred from California Central on 8/12/2019.]
July 9, 2019 Opinion or Order Filing 27 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Opposition to Motion #26 , for the following reasons: Document exceeds this Court's 20-page limit (see Standing Order). Document contains single-spaced text at pages 10 and 11 (LR 11-3.6). Counsel may refile by 12:00 noon on July 10, 2019. (jp) [Transferred from California Central on 8/12/2019.]
July 8, 2019 Filing 26 [DOCUMENT STRICKEN PER ORDER DATED ON 7/9/2019, SEE DOCKET ENTRY NO. #27 ]. OPPOSITION to NOTICE OF MOTION AND MOTION to Sever plaintiffs' claims and transfer case #20 and Brief in Support filed by Plaintiff Heather Wanke. (Attachments: #1 Exhibit Exhibits)(Davis, Amy). Modified on 7/9/2019 (jp). [Transferred from California Central on 8/12/2019.]
July 5, 2019 Opinion or Order Filing 25 ORDER GRANTING APPLICATION of Non-Resident Attorney Andrew P. Lawendowski to Appear Pro Hac Vice on behalf of Defendant Invasix Inc. and designating Jon R Schwalbach as local counsel #19 by Judge R. Gary Klausner (lc) [Transferred from California Central on 8/12/2019.]
July 5, 2019 Opinion or Order Filing 24 ORDER by Judge R. Gary Klausner: denying #18 Non-Resident Attorney Arthur J Liederman APPLICATION to Appear Pro Hac Vice on behalf of Invasix, Inc.. Terming Attorney Arthur J Liederman. (lc) [Transferred from California Central on 8/12/2019.]
July 1, 2019 Filing 23 NOTICE OF LODGING filed [Proposed] Order re NOTICE OF MOTION AND MOTION to Sever plaintiffs' claims and transfer case #20 (Attachments: #1 Proposed Order Proposed Order)(Schwalbach, Jon) [Transferred from California Central on 8/12/2019.]
July 1, 2019 Filing 22 CERTIFICATE of Interested Parties filed by Defendant Invasix Inc., (Schwalbach, Jon) [Transferred from California Central on 8/12/2019.]
July 1, 2019 Filing 21 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Arthur J. Liederman to Appear Pro Hac Vice on behalf of Defendant Invasix Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24005415) #18 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (lt) [Transferred from California Central on 8/12/2019.]
June 28, 2019 Filing 20 NOTICE OF MOTION AND MOTION to Sever plaintiffs' claims and transfer case filed by defendant Invasix Inc.. Motion set for hearing on 7/29/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum of Supporting Points and Authorities, #2 Declaration of Yair Malca) (Schwalbach, Jon) [Transferred from California Central on 8/12/2019.]
June 28, 2019 Filing 19 APPLICATION of Non-Resident Attorney Andrew P. Lawendowski to Appear Pro Hac Vice on behalf of Defendant Invasix Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24005791) filed by defendant Invasix Inc.. (Attachments: #1 Proposed Order) (Schwalbach, Jon) [Transferred from California Central on 8/12/2019.]
June 28, 2019 Filing 18 APPLICATION of Non-Resident Attorney Arthur J. Liederman to Appear Pro Hac Vice on behalf of Defendant Invasix Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24005415) filed by defendant Invasix Inc.. (Attachments: #1 Proposed Order) (Attorney Jon R Schwalbach added to party Invasix Inc.(pty:dft)) (Schwalbach, Jon) [Transferred from California Central on 8/12/2019.]
May 15, 2019 Filing 17 WAIVER OF SERVICE Returned Executed filed by Plaintiff Mia Jones. upon Invasix Inc. waiver sent by Plaintiff on 4/30/2019, answer due 7/1/2019. Waiver of Service signed by Arthur Liederman. (Davis, Amy) [Transferred from California Central on 8/12/2019.]
April 26, 2019 Opinion or Order Filing 16 ORDER by Judge R. Gary Klausner: granting #13 Non-Resident Attorney Amy E. Davis APPLICATION to Appear Pro Hac Vice on behalf of Heather Wanke, Mia Jones and Janice Newman, designating Robert L. Esensten as local counsel. (lom) [Transferred from California Central on 8/12/2019.]
April 26, 2019 Filing 15 Pursuant to Local Rule 5-4.4.2, counsel for plaintiff shall immediately submit the proposed order in connection with the Application of Non-Resident Attorney Amy E. Davis (to the Judge's generic email address) in Word or Word Perfect format. TEXT ONLY ENTRY THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY [Transferred from California Central on 8/12/2019.]
April 23, 2019 Filing 14 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Invasix Inc. (jp) [Transferred from California Central on 8/12/2019.]
April 22, 2019 Filing 13 APPLICATION of Non-Resident Attorney Amy E. Davis to Appear Pro Hac Vice on behalf of Plaintiff Heather Wanke (Pro Hac Vice Fee - $400 Previously Paid on 4/17/2019, Receipt No. 0973-23570704) filed by Plaintiffs Heather Wanke. (Attachments: #1 Proposed Order Proposed Order for Application to Appear Pro Hac Vice) (Davis, Amy) [Transferred from California Central on 8/12/2019.]
April 19, 2019 Opinion or Order Filing 12 ORDER by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Corrected APPLICATION of Non-Resident Attorney Amy E. Davis to Appear Pro Hac Vice on behalf of Plaintiffs Mia Jones, Janice Newman, Heather Wanke (Pro Hac Vice Fee - $400 Previously Paid on 4/17/2019, Receipt No. 0973-23570704) #9 , for the following reasons: (1) Case number is incorrect or missing; (2) Proposed Document was not submitted as separate attachment. (jp) [Transferred from California Central on 8/12/2019.]
April 19, 2019 Filing 11 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Corrected APPLICATION of Non-Resident Attorney Amy E. Davis to Appear Pro Hac Vice on behalf of Plaintiffs Mia Jones, Janice Newman, Heather Wanke (Pro Hac Vice Fee - $400 Previously Paid on 4/17/2019, Receipt No. 0973-23570704) #9 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. (lt) [Transferred from California Central on 8/12/2019.]
April 19, 2019 Opinion or Order Filing 10 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw) [Transferred from California Central on 8/12/2019.]
April 18, 2019 Filing 9 [DOCUMENT STRICKEN PER ORDER ON 4/19/2019, SEE DOCKET ENTRY NUMBER 12]. Corrected APPLICATION of Non-Resident Attorney Amy E. Davis to Appear Pro Hac Vice on behalf of Plaintiffs Mia Jones, Janice Newman, Heather Wanke (Pro Hac Vice Fee - $400 Previously Paid on 4/17/2019, Receipt No. 0973-23570704) filed by Plaintiffs Mia Jones, Janice Newman, Heather Wanke. (Esensten, Robert) Modified on 4/19/2019 (jp). [Transferred from California Central on 8/12/2019.]
April 18, 2019 Filing 8 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Amy E. Davis to Appear Pro Hac Vice on behalf of Plaintiffs Mia Jones, Janice Newman, Heather Wanke (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23570704) #4 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. (lt) [Transferred from California Central on 8/12/2019.]
April 18, 2019 Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Mia Jones, Janice Newman, Heather Wanke. (Esensten, Robert) [Transferred from California Central on 8/12/2019.]
April 18, 2019 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from California Central on 8/12/2019.]
April 18, 2019 Filing 5 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Karen L. Stevenson. (esa) [Transferred from California Central on 8/12/2019.]
April 17, 2019 Filing 4 APPLICATION of Non-Resident Attorney Amy E. Davis to Appear Pro Hac Vice on behalf of Plaintiffs Mia Jones, Janice Newman, Heather Wanke (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23570704) filed by Plaintiffs Mia Jones, Janice Newman, Heather Wanke. (Esensten, Robert) [Transferred from California Central on 8/12/2019.]
April 17, 2019 Filing 3 CIVIL COVER SHEET filed by Plaintiffs Mia Jones, Janice Newman, Heather Wanke. (Esensten, Robert) [Transferred from California Central on 8/12/2019.]
April 17, 2019 Filing 2 Certification and NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, (Esensten, Robert) [Transferred from California Central on 8/12/2019.]
April 17, 2019 Filing 1 COMPLAINT with filing fee previously paid ($400 paid on 04/17/2019, receipt number 0973-23570441), filed by Plaintiffs Heather Wanke, Janice Newman, Mia Jones. (Attorney Robert L Esensten added to party Mia Jones(pty:pla), Attorney Robert L Esensten added to party Janice Newman(pty:pla), Attorney Robert L Esensten added to party Heather Wanke(pty:pla))(Esensten, Robert) [Transferred from California Central on 8/12/2019.]

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Defendant: Invasix Inc.
Represented By: Andrew P Lawendowski
Represented By: Jon R Schwalbach
Represented By: Arthur J. Liederman
Represented By: Nicole Marie Battisti
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Plaintiff: Janice Newman
Represented By: Amy E Davis
Represented By: Randi Rose Geffner
Represented By: Robert L Esensten
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