Silverstein et al v. Allergan USA, Inc.
| Lianna Silverstein, Arthur Backal and Liana C. Silverstein |
| Allergan USA, Inc. |
| 1:2019cv11740 |
| December 23, 2019 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 nr |
| None |
Docket Report
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| Filing 12 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Allergan USA, Inc.. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Schreier, David) |
| Filing 11 NOTICE OF APPEARANCE by David Mordechai Schreier on behalf of Arthur Backal, Liana C. Silverstein. (Schreier, David) |
Filing 10
ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by January 24, 2020. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by February 14, 2020, defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by January 24, 2020. Defendants reply, if any, shall be served by January 31, 2020. At the time any reply is served, the moving party shall supply the Court with two (2) courtesy copies of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007. (Amended Pleadings due by 1/24/2020. Motions due by 2/14/2020.) (Signed by Judge Paul A. Engelmayer on 1/6/2020) (jwh)
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| Filing 9 DECLARATION of William D. Sanders in Support re: #7 MOTION to Dismiss Notice of Motion.. Document filed by Allergan USA, Inc.. (Attachments: #1 Exhibit A: Original State Court Verified Complaint, #2 Exhibit B: State Court Complaint in Silverstein v. Zeltiq, #3 Exhibit C: 4/28/2017 Zeltiq Form 8-K, #4 Exhibit D. 5/20/2009 510k clearance documents, #5 Exhibit E: 5/2/2012 510k clearance documents, #6 Exhibit F 4/9/2014 510k clearance documents, #7 Exhibit G: 1/26/2015 510k clearance documents, #8 Exhibit H: 3/23/2016 510k clearance documents, #9 Exhibit I: 11/21/2016 510k clearance documents, #10 Exhibit J: 7/7/2017 510k clearance documents, #11 Exhibit K: 11/1/2017 510k clearance documents, #12 Exhibit L: 8/29/2018 510k clearance documents)(Sanders, William) |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION to Dismiss Notice of Motion. . Document filed by Allergan USA, Inc.. (Sanders, William) |
| Filing 7 MOTION to Dismiss Notice of Motion. Document filed by Allergan USA, Inc.. Responses due by 1/24/2020(Sanders, William) |
| Filing 6 LETTER addressed to Judge Paul A. Engelmayer from William D. Sanders dated 12/27/2019 re: Response to Docket Entry 5; Order for Initial Conference, regarding request for information as to diversity jurisdiction.. Document filed by Allergan USA, Inc..(Sanders, William) |
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/11/2020 at 04:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer and further set forth in this Order. (Signed by Judge Paul A. Engelmayer on 12/26/2019) (rro)
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| Filing 4 CIVIL COVER SHEET filed. (Sanders, William) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney William D. Sanders to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Citizenship Defendant code - multiple selections;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney William D. Sanders. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1333; Arbitration code e (Exempt); County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Arbitration code has been deleted; the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William D. Sanders. The party information for the following party/parties has been modified: Liana C. Silverstein. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (jgo) |
| Magistrate Judge Sarah Netburn 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Allergan plc for Allergan USA, Inc.. Document filed by Allergan USA, Inc..(Sanders, William) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Sanders, William) Modified on 12/26/2019 (jgo). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of New York, County of New York. Case Number: 162198/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-18346797).Document filed by Allergan USA, Inc.. (Attachments: #1 Exhibit Exhibit A to Notice of Removal-State Court Complaint, #2 Exhibit Exhibit B to Notice of Removal Acknowledgment of Service of State Court Complaint, #3 Exhibit Exhibit C to Notice of Removal First State Court Action, #4 Exhibit Exhibit D to Notice of Removal Zeltiq Demand for Verified Bill of Particulars, #5 Exhibit Exhibit E to Notice of Removal Plaintiffs' Response to Zeltiq Demand for Verified Bill of Particulars, #6 Exhibit Exhibit F to Notice of Removal Nurse Mahoney's Demand for Verified Bill of Particulars, #7 Exhibit Exhibit G to Notice of Removal Plaintiffs' 2d Response to Nurse Mahoney's Verified Bill of Particulars)(Sanders, William) |
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