Roe et al v. CNTP MCB Inc.
Plaintiff: Jane Roe, Mary Roe, Baby "A" Roe and Baby "B" Roe
Defendant: CNTP MCB INC. formerly known as and currently doing business as MANHATTAN CRYOBANK INC.,, and currently doing business as MANHATTAN CRYOBANK INC.,, CNTP MCB INC. doing business as Manhattan Cryobank Inc. formerly known as Manhattan Cryobank Inc. and Manhattan Cryobank Inc.
Case Number: 1:2021cv00468
Filed: January 19, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Colleen McMahon
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 17, 2021 Opinion or Order Filing 20 ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: The parties must participate in a telephone conference on 5/6/2021 at 11 :30 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. (And as further set forth herein.) Initial Conference set for 5/6/2021 at 11:30 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 3/17/2021) (jca)
March 11, 2021 Opinion or Order Filing 19 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Baby "A" Roe, Baby "B" Roe, Jane Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Jane Roe(individually), Mary Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Mary Roe(individually)..(Porges, Matthew) Proposed Default Judgment to be reviewed by Clerk's Office staff.
March 11, 2021 Opinion or Order Filing 18 AFFIDAVIT of Jane Roe in Support re: #16 MOTION for Default Judgment as to .. Document filed by Baby "A" Roe, Baby "B" Roe, Jane Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Jane Roe(individually), Mary Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Mary Roe(individually)..(Porges, Matthew)
March 11, 2021 Opinion or Order Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION for Default Judgment as to . . Document filed by Baby "A" Roe, Baby "B" Roe, Jane Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Jane Roe(individually), Mary Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Mary Roe(individually)..(Porges, Matthew)
March 11, 2021 Opinion or Order Filing 16 MOTION for Default Judgment as to . Document filed by Baby "A" Roe, Baby "B" Roe, Jane Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Jane Roe(individually), Mary Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Mary Roe(individually). Return Date set for 3/26/2021 at 10:00 AM..(Porges, Matthew)
March 11, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Matthew Scott Porges to RE-FILE Document #14 MOTION for Default Judgment as to Defendant CNTP MCB INC.. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affidavit in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. NOTE: You must sign or s/ the Motion before re-filing. (ldi)
March 11, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #19 Proposed Default Judgment, was reviewed and approved as to form. (dt)
March 2, 2021 Opinion or Order Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION for Default Judgment as to Defendant CNTP MCB INC.. . Document filed by Baby "A" Roe, Baby "B" Roe, Jane Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Jane Roe(individually), Mary Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Mary Roe(individually)..(Porges, Matthew)
March 2, 2021 Opinion or Order Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Default Judgment as to Defendant CNTP MCB INC.. Document filed by Baby "A" Roe, Baby "B" Roe, Jane Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Jane Roe(individually), Mary Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Mary Roe(individually). Return Date set for 3/26/2021 at 10:00 AM. (Attachments: #1 Affidavit Affidavit of Merit of Jane Roe, #2 Exhibit Clerk's Certificate of Default, #3 Text of Proposed Order Proposed Order of Judgment on Default).(Porges, Matthew) Modified on 3/11/2021 (ldi).
February 24, 2021 Opinion or Order Filing 13 CLERK'S CERTIFICATE OF DEFAULT as to CNTP MCB INC.(km)
February 24, 2021 Opinion or Order Filing 12 DECLARATION of Matthew S. Porges, Esq. in Support re: #11 Proposed Clerk's Certificate of Default,,. Document filed by Baby "A" Roe, Baby "B" Roe, Jane Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Jane Roe(individually), Mary Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Mary Roe(individually)..(Porges, Matthew)
February 24, 2021 Opinion or Order Filing 11 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Baby "A" Roe, Baby "B" Roe, Jane Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Jane Roe(individually), Mary Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Mary Roe(individually)..(Porges, Matthew) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/24/2021 (km).
February 24, 2021 Opinion or Order Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Baby "A" Roe, Baby "B" Roe, Jane Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Jane Roe(individually), Mary Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Mary Roe(individually). (Attachments: #1 Affidavit Declaration of Matthew Porges, Esq.).(Porges, Matthew) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/24/2021 (km).
February 24, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Matthew Porges. RE-FILE Document No. #10 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): The documents need to be filed separately. The clerk's certificate is filed under proposed orders, proposed clerk's certificate of default. The attorney's affidavit or declaration is missing the title. Please add title and file under other answers, affidavit or declaration in support of a non-motion. (km)
February 4, 2021 Opinion or Order Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint served. CNTP MCB INC. served on 2/2/2021, answer due 2/23/2021. Service was accepted by Nancy Dougherty, Business Document Specialist. Document filed by Jane Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe); Jane Roe(individually); Baby "B" Roe; Mary Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe); Baby "A" Roe; Mary Roe(individually)..(Porges, Matthew)
January 28, 2021 Opinion or Order Filing 8 MEMO ENDORSEMENT granting in part and denying in part #6 Motion for Leave to Appear. ENDORSEMENT: (1) The motion to seal is DENIED. This is a court of law. (2)While this case involves a matter of personal sensitivity, I reject the unsupported argument that a same sex couple litigating in New York City has any legitimate fear of discrimination from the court on that basis. However, Factor 4 is determinative. It is a matter that involves minor children whose medical conditions are entitled to privacy, and whose identities will become known if their parents' identities are public. In this reason and only this reason, to protect the privacy of the children Plaintiffs may proceed anonymously. (Signed by Judge Colleen McMahon on 1/28/2021) (mml)
January 27, 2021 Opinion or Order Filing 7 MEMORANDUM OF LAW in Support re: #6 MOTION for Leave to Appear Anonymously or via sealing of the docket . . Document filed by Baby "A" Roe, Baby "B" Roe, Jane Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Jane Roe(individually), Mary Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Mary Roe(individually). (Attachments: #1 Exhibit A-Affidavit of Jane Roe).(Porges, Matthew)
January 27, 2021 Opinion or Order Filing 6 MOTION for Leave to Appear Anonymously or via sealing of the docket . Document filed by Baby "A" Roe, Baby "B" Roe, Jane Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Jane Roe(individually), Mary Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Mary Roe(individually). Return Date set for 2/26/2021 at 10:00 AM..(Porges, Matthew)
January 21, 2021 Opinion or Order Filing 5 ELECTRONIC SUMMONS ISSUED as to CNTP MCB INC...(dnh)
January 20, 2021 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to CNTP MCB INC., formerly known as and currently doing business as MANHATTAN CRYOBANK INC., re: #1 Complaint. Document filed by Baby "A" Roe, Baby "B" Roe, Jane Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Jane Roe(individually), Mary Roe(in her capacity as mother and natural guardian of Baby "A" Roe and as mother and natural guardian of Baby "B" Roe), Mary Roe(individually)..(Porges, Matthew)
January 20, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew Scott Porges. The following case opening statistical information was erroneously selected/entered: Cause of Action code misc (Civil Miscellaneous Case); 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 Diversity Action; the County code has been modified to XX Out of State. (dnh)
January 20, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Matthew Scott Porges. The party information for the following party/parties has been modified: Jane Roe ; Mary Roe; CNTP MCB INC.. The information for the party/parties has been modified for the following reason/reasons: party text was entered incorrectly; alias party was entered incorrectly. (dnh)
January 20, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Matthew Scott Porges re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add party Jane Roe in her capacity 'as mother and natural guardian of Baby "A" Roe' and add party Jane Roe in her capacity 'as mother and natural guardian of Baby "B" Roe.' Add party Mary Roe in her capacity 'as mother and natural guardian of Baby "A" Roe' and add party Mary Roe in her capacity 'as mother and natural guardian of Baby "B" Roe.' Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (dnh)
January 20, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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..(dnh)
January 20, 2021 Opinion or Order Case Designated ECF. (dnh)
January 20, 2021 Opinion or Order ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Jane Roe, Baby "B" Roe, Baby "A" Roe, Mary Roe, Jane Roe, Mary Roe added. Party added pursuant to #1 Complaint.Document filed by Jane Roe, Baby "B" Roe, Baby "A" Roe, Mary Roe, Jane Roe, Mary Roe. Related document: #1 Complaint..(Porges, Matthew)
January 20, 2021 Opinion or Order Magistrate Judge Gabriel W. Gorenstein 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. (dnh)
January 20, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Matthew Scott Porges to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): all of the filers were not selected for the request for issuance of summons; add omitted filers to docket before requesting an 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. (dnh)
January 19, 2021 Opinion or Order Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to CNTP MCB INC., formerly known as and currently doing business as MANHATTAN CRYOBANK INC., re: #1 Complaint. Document filed by Baby "A" Roe, Baby "B" Roe, Jane Roe, Mary Roe..(Porges, Matthew) Modified on 1/20/2021 (dnh).
January 19, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Porges, Matthew)
January 19, 2021 Opinion or Order Filing 1 COMPLAINT against CNTP MCB INC.. (Filing Fee $ 402.00, Receipt Number ANYSDC-23580450)Document filed by Jane Roe, Baby "B" Roe, Baby "A" Roe, Mary Roe..(Porges, Matthew)

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Defendant: CNTP MCB INC. formerly known as and currently doing business as MANHATTAN CRYOBANK INC.,
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Defendant: and currently doing business as MANHATTAN CRYOBANK INC.,
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Defendant: CNTP MCB INC. doing business as Manhattan Cryobank Inc. formerly known as Manhattan Cryobank Inc.
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Defendant: Manhattan Cryobank Inc.
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Plaintiff: Jane Roe
Represented By: Matthew Scott Porges
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Plaintiff: Mary Roe
Represented By: Matthew Scott Porges
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Plaintiff: Baby "A" Roe
Represented By: Matthew Scott Porges
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Plaintiff: Baby "B" Roe
Represented By: Matthew Scott Porges
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