Souza v. Deva Concepts, LLC
| Cynthia Souza |
| Deva Concepts, LLC |
| 1:2020cv02930 |
| April 9, 2020 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 20
ORDER. On June 3, 2020, the parties in this case filed a stipulation to extend the deadline to file a consolidated complaint and to stay discovery. The Court will not endorse this stipulation. First, the parties did not comply with the Court's Individual Rules. Specifically, the Court points the parties to Rule 1(F), which requires, inter alia, that "immediately following the filing of any proposed order or stipulation, parties are directed to submit a joint letter to the Court, stating (1) the reason for the request that the Court enter the proposed order or stipulation; (2) the position of each of the parties with respect to the proposed order or stipulation; (3) the basis for the Court's legal authority to enter the proposed order or stipulation; and (4) any other information that the parties believe would provide context for the Court's evaluation of the request." Second, the parties have requested that the Court stay discovery. Under Federal Rule of Civil Procedure 26(c), a district court may stay discovery "for good cause." Fed. R. Civ. P. 26(c). When a motion to dismiss is pending, courts typically consider several factors in determining whether to stay discovery; including: "(1) whether a defendant has made a strong showing that the plaintiff's claim is unmeritorious, (2) the breadth of discovery and the burden of responding to it, and (3) the risk of unfair prejudice to the party opposing the stay." Negrete v. Citibank, N.A., No. 15cv7250 (RWS), 2015 WL 8207466 (S.D.N.Y. Dec. 7, 2015). The parties have not provided the Court with any information with respect to any of these factors, including any information about Defendant's anticipated motion to dismiss. Indeed, this is the first time the Court has been informed that Defendant anticipates moving to dismiss; no pre-motion conference letter has been filed on the docket. If the parties wish the Court to consider a stipulation, counsel is directed to consider this order and refile the proposed stipulation in accordance with the Court's Individual Rules, specifically Rule 1(F). (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) Filed In Associated Cases: 1:20-cv-01234-GHW et al. (Woods, Gregory)
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Filing 19
ORDER granting #16 Motion for Alia M. Abdi to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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Filing 18
ORDER granting #15 Motion for David M. Cialkowski to Appear Pro Hac Vic.e (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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Filing 17
ORDER granting #14 Motion for J. Gordon Rudd, Jr. to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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| Filing 16 AMENDED MOTION for Alia M. Abdi to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cynthia Souza. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:20-cv-01234-GHW, 1:20-cv-02930-GHW.(Abdi, Alia) |
| Filing 15 AMENDED MOTION for David M. Cialkowski to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cynthia Souza. (Attachments: #1 Affidavit, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:20-cv-01234-GHW, 1:20-cv-02930-GHW.(Cialkowski, David) |
| Filing 14 AMENDED MOTION for J. Gordon Rudd, Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cynthia Souza. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:20-cv-01234-GHW, 1:20-cv-02930-GHW.(Rudd, John) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (33 in 1:20-cv-01234-GHW, 14 in 1:20-cv-02930-GHW) AMENDED MOTION for J. Gordon Rudd, Jr. 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. Filed In Associated Cases: 1:20-cv-01234-GHW, 1:20-cv-02930-GHW(ad) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (35 in 1:20-cv-01234-GHW, 16 in 1:20-cv-02930-GHW) AMENDED MOTION for Alia M. Abdi 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. Filed In Associated Cases: 1:20-cv-01234-GHW, 1:20-cv-02930-GHW(ad) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (34 in 1:20-cv-01234-GHW, 15 in 1:20-cv-02930-GHW) AMENDED MOTION for David M. Cialkowski 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. Filed In Associated Cases: 1:20-cv-01234-GHW, 1:20-cv-02930-GHW(ad) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #13 MOTION for Alia M. Abdi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20001833. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing notarized affidavit;. Re-file the motion as a Corrected 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.. (laq) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for J. Gordon Rudd, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20001417. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing notarized affidavit;. Re-file the motion as a Corrected 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.. (laq) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (12 in 1:20-cv-02930-GHW) MOTION for David M. Cialkowski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20001557. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing notarized affidavit;. Re-file the motion as a Corrected 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.. Filed In Associated Cases: 1:20-cv-01234-GHW, 1:20-cv-02930-GHW(laq) |
| Filing 13 MOTION for Alia M. Abdi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20001833. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cynthia Souza. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:20-cv-01234-GHW, 1:20-cv-02930-GHW.(Abdi, Alia) |
| Filing 12 MOTION for David M. Cialkowski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20001557. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cynthia Souza. (Attachments: #1 Affidavit, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:20-cv-01234-GHW, 1:20-cv-02930-GHW.(Cialkowski, David) |
| Filing 11 MOTION for J. Gordon Rudd, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20001417. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cynthia Souza. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:20-cv-01234-GHW, 1:20-cv-02930-GHW.(Rudd, John) |
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Filing 10
STIPULATION TO CONSOLIDATE ACTIONS AND SET SCHEDULING DEADLINES: NOW THEREFORE, the Parties through their respective counsel and subject to the Court's approval hereby stipulate that: The Dixon, Ciccia, Schwartz, Bolash, Abdulahi, Reilly, Orner and Souza actions currently pending in this District shall be consolidated for pre-trial purposes pursuant to Fed. R. Civ. P. 42(a) before the Honorable Gregory H. Woods (hereafter the "Consolidated Action"). All papers filed in the Consolidated Action shall be filed under Case No. 1:20-cv-01234-GHW, the number assigned to the first-filed case, and shall bear the following caption; as set forth herein. The case file for the Consolidated Action will be maintained under Master File No.:1:20-cv-01234-GHW. When a pleading is intended to apply to all actions to which this Order applies, the words "All Actions" shall appear immediately after the words "This Document Relates To:" in the caption described above. When a pleading is not intended to apply to all actions, the docket number for each individual action to which the paper is intended to apply and the last name of the first-named plaintiff in said action shall appear immediately after the words "This Document Relates To:" in the caption identified above, e.g., "1:20-cv-02047-GHW(Abdulahi);" as further set herein. (Signed by Judge Gregory H. Woods on 4/21/2020) Filed In Associated Cases: 1:20-cv-01234-GHW et al. (mro)
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| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-01234-GHW. (mro) |
| Filing 9 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/29/2020 at 05:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 4/17/2020) (va) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-01234-GHW. Notice of Assignment to follow. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned is no longer assigned to the case. (laq) |
| Magistrate Judge Sarah L. Cave 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. (laq) |
| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Deva Concepts, LLC waiver sent on 4/13/2020, answer due 6/12/2020. Document filed by Deva Concepts, LLC..(Smith, Keith) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Henkel AG & Co. KGaA for Deva Concepts, LLC. Document filed by Deva Concepts, LLC..(Smith, Keith) |
| Filing 6 NOTICE OF APPEARANCE by Keith Edward Smith on behalf of Deva Concepts, LLC..(Smith, Keith) |
| Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-01234-GHW. Document filed by Cynthia Souza..(Weiner, Brittany) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Deva Concepts, LLC..(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brittany Sloane Weiner. The party information for the following party/parties has been modified: Cynthia Souza. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Brittany Sloane Weiner, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) |
| Case Designated ECF. (pc) |
| CASE REFERRED TO Judge Gregory H. Woods as possibly related to 20cv1234. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Deva Concepts, LLC, re: #1 Complaint. Document filed by Cynthia Souza..(Weiner, Brittany) |
| Filing 2 CIVIL COVER SHEET filed..(Weiner, Brittany) |
| Filing 1 COMPLAINT against Deva Concepts, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-19391284)Document filed by Cynthia Souza..(Weiner, Brittany) |
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| Defendant: Deva Concepts, LLC | |
| Represented By: | Keith Edward Smith |
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| Plaintiff: Cynthia Souza | |
| Represented By: | Brittany Sloane Weiner |
| Represented By: | David M. Cialkowski |
| Represented By: | John Gordon Rudd, Jr |
| Represented By: | Alia M Abdi |
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