Evangelista v. Zeltiq Aesthetics, Inc.
Linda Evangelista |
Zeltiq Aesthetics, Inc. |
1:2021cv07889 |
September 21, 2021 |
US District Court for the Southern District of New York |
Valerie E Caproni |
Ona T Wang |
Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
28 U.S.C. § 1332 Diversity Action |
Plaintiff |
Docket Report
This docket was last retrieved on July 20, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 66 STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties, pursuant to Rule 41(a)(l )(A)(ii) of the Federal Rules of Civil Procedure, that the above-captioned case be voluntarily dismissed with prejudice, with each party to bear its own costs and fees. IT IS HEREBY ORDERED that all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/20/2022) (tg) |
Terminate Transcript Deadlines (tg) |
Filing 65 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Zeltiq Aesthetics, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Linda Evangelista. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Gerard, Jodie) |
Filing 64 STIPULATED ORDER REGARDING THE PRODUCTION OF DOCUMENTS...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Ona T. Wang on 6/27/2022) (rro) |
Filing 63 STATUS REPORT. Joint Status Letter dated June 24, 2022 Document filed by Zeltiq Aesthetics, Inc...(Jones, Alyson) |
Filing 62 ORDER. The Initial Case Management Conference scheduled for June 23, 2022, is hereby adjourned to August 3, 2022 at 2:30 p.m. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (sfh) |
Filing 61 RESPONSE re: #58 Notice (Other), of Supplemental Authority. Document filed by Linda Evangelista..(Gerard, Jodie) |
Filing 60 NOTICE OF APPEARANCE by Erin Elizabeth Barrett on behalf of Zeltiq Aesthetics, Inc...(Barrett, Erin) |
Filing 59 PROPOSED CASE MANAGEMENT PLAN. Document filed by Zeltiq Aesthetics, Inc...(Jones, Alyson) |
Filing 58 NOTICE of Supplemental Authority in Support of Motion to Dismiss re: #26 MOTION to Dismiss .. Document filed by Zeltiq Aesthetics, Inc.. (Attachments: #1 Exhibit Dearinger v. Eli Lilly & Co., -- P.3d --, 2022 WL 1788992 (Wash. June 2, 2022)).(Jones, Alyson) |
Filing 57 NOTICE OF APPEARANCE by Anita K. Modak-Truran on behalf of Zeltiq Aesthetics, Inc...(Modak-Truran, Anita) |
Filing 56 NOTICE OF APPEARANCE by Nils Burton Snell on behalf of Zeltiq Aesthetics, Inc...(Snell, Nils) |
Filing 55 ORDER GRANTING MOTION TO ADMIT ANITA MODAK-TRURAN PRO HAC VICE granting #50 Motion for Anita Modak-Truran to Appear Pro Hac Vice. (Signed by Magistrate Judge Ona T. Wang on 6/10/2022) (rro) |
Filing 54 ORDER GRANTING MOTION TO ADMIT NILS B. SNELL PRO HAC VICE granting #52 Motion for Nils B. Snell to Appear Pro Hac Vice. (Signed by Magistrate Judge Ona T. Wang on 6/10/2022) (rro) |
Filing 53 SCHEDULING ORDER: The Initial Case Management Conference scheduled for June 22, 2022 is adjourned to Thursday, June 23, 2022 at 2:30 p.m. All other directives and orders in ECF 47 are unchanged. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (sfh) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #52 MOTION for Nils B. Snell to Appear Pro Hac Vice . Filing fee receipt number ANYSDC-26214685. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
Filing 52 MOTION for Nils B. Snell to Appear Pro Hac Vice . Filing fee receipt number ANYSDC-26214685. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zeltiq Aesthetics, Inc.. (Attachments: #1 Exhibit Affidavit of Nils B. Snell, #2 Exhibit Certificate of Good Standing, #3 Exhibit Proposed Order).(Snell, Nils) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #50 MOTION for Anita Modak-Truran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26214543. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #51 MOTION for Nils B. Snell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26214685. 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 PA;. 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. (sgz) |
Filing 51 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nils B. Snell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26214685. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zeltiq Aesthetics, Inc.. (Attachments: #1 Affidavit Affidavit of B. Snell, #2 Exhibit Certificates of Good Standing, #3 Exhibit Proposed Order).(Snell, Nils) Modified on 6/1/2022 (sgz). |
Filing 50 MOTION for Anita Modak-Truran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26214543. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zeltiq Aesthetics, Inc.. (Attachments: #1 Affidavit Affidavit of A. Modak-Truran, #2 Exhibit Certificate of Good Standing (IL), #3 Exhibit Certificate of Good Standing (MS), #4 Exhibit Certificate of Good Standing (TN), #5 Supplement Proposed Order).(Modak-Truran, Anita) |
Filing 49 STATUS REPORT. Joint Status Letter dated May 27, 2022 Document filed by Zeltiq Aesthetics, Inc...(Jones, Alyson) |
Filing 48 NOTICE OF APPEARANCE by Henry Jones on behalf of Linda Evangelista..(Jones, Henry) |
Filing 47 INITIAL CASE MANAGEMENT CONFERENCE ORDER: An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held on Wednesday, June 22, 2022 at 11:00 a.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. Initial Conference set for 6/22/2022 at 11:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 5/19/2022) (rro) |
Filing 46 ORDER granting #45 Letter Motion to Adjourn Conference. IT IS HEREBY ORDERED that the joint pretrial conference scheduled for May 20, 2022, and the joint submission previously due by May 12, 2022, are CANCELLED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/12/2022) (tg) |
Filing 45 JOINT LETTER MOTION to Adjourn Conference scheduled for May 20, 2022 and letter regarding the status of the case due May 12, 2022 addressed to Magistrate Judge Ona T. Wang from Alyson B. Jones dated May 10, 2022. Document filed by Zeltiq Aesthetics, Inc...(Jones, Alyson) |
Filing 44 ORDER granting #42 Letter Motion for Extension of Time to Complete DiscoveryFact Discovery due by 8/15/2022. Expert Discovery due by 12/15/2022. Parties to file a joint status letter on the last Friday of each month, beginning on May 27, 2022. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (Wang, Ona) |
Filing 43 STATUS REPORT. Joint Discovery Report dated April 15, 2022 Document filed by Zeltiq Aesthetics, Inc...(Jones, Alyson) |
Filing 42 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Ona T. Wang from Alyson Jones dated April 11, 2022. Document filed by Zeltiq Aesthetics, Inc.. (Attachments: #1 Proposed First Amended Civil Case Management Plan and Scheduling Order).(Jones, Alyson) |
Filing 41 JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Alyson B. Jones dated March 30, 2022 re: Proposed Stipulation and Order regarding the Production of Documents. Document filed by Zeltiq Aesthetics, Inc.. (Attachments: #1 Proposed Stipulation and Order regarding the Production of Documents).(Jones, Alyson) |
Filing 40 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) Particular Motion: Defendant's motion to dismiss, Dkt. 26. SO ORDERED. Referred to Magistrate Judge Ona T. Wang. Motions referred to Ona T. Wang. (Signed by Judge Valerie E. Caproni on 3/16/2022) (mml) |
Filing 39 STATUS REPORT. Joint Discovery Report dated March 15, 2022 Document filed by Zeltiq Aesthetics, Inc...(Jones, Alyson) |
Filing 38 MEMO ENDORSEMENT on re: #37 Status Report filed by Zeltiq Aesthetics, Inc. ENDORSEMENT: The parties must meet and confer for at least one hour regarding the issue of employment and tax records in an effort to resolve the issue before they contact Chambers. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/16/2022) (tg) |
Filing 37 STATUS REPORT. Joint Discovery Report dated February 15, 2022 Document filed by Zeltiq Aesthetics, Inc...(Jones, Alyson) |
Filing 36 MEMO ENDORSEMENT granting #35 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate Jennifer M. Muller as counsel for Plaintiff. SO ORDERED. Attorney Jennifer M. Muller terminated. (Signed by Judge Valerie E. Caproni on 2/2/2022) (tg) |
Filing 35 MOTION for Jennifer M. Muller to Withdraw as Attorney . Document filed by Linda Evangelista..(Muller, Jennifer) |
Filing 34 REPLY MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss . . Document filed by Zeltiq Aesthetics, Inc...(Jones, Alyson) |
Filing 33 STIPULATION AND ORDER REGARDING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Valerie E. Caproni on 1/31/2022) (va) |
Filing 32 JOINT LETTER addressed to Judge Valerie E. Caproni from Alyson B. Jones dated January 31, 2022 re: proposed Stipulation and Order Regarding Confidential Information. Document filed by Zeltiq Aesthetics, Inc.. (Attachments: #1 Proposed Stipulation and Order regarding Confidential Information).(Jones, Alyson) |
Filing 31 DECLARATION of Daniel F. Markham in Opposition re: #26 MOTION to Dismiss .. Document filed by Linda Evangelista. (Attachments: #1 Exhibit Tolling Agreements and Amendments).(Gerard, Jodie) |
Filing 30 MEMORANDUM OF LAW in Opposition re: #26 MOTION to Dismiss . . Document filed by Linda Evangelista..(Gerard, Jodie) |
Filing 29 STATUS REPORT. Joint Discovery Report dated January 14, 2022. Document filed by Zeltiq Aesthetics, Inc...(Jones, Alyson) |
Filing 28 MEMO ENDORSEMENT on re: #27 Letter filed by Linda Evangelista. ENDORSEMENT: Application GRANTED. Plaintiff's opposition to Defendant's motion to dismiss is due January 18, 2022. Defendant's reply is due February 1, 2022. SO ORDERED. ( Responses due by 1/18/2022, Replies due by 2/1/2022.) (Signed by Judge Valerie E. Caproni on 12/22/2021) (tg) |
Filing 27 LETTER addressed to Judge Valerie E. Caproni from Daniel F. Markham dated December 22, 2021 re: Request for extension of time. Document filed by Linda Evangelista..(Markham, Daniel) |
Filing 26 MOTION to Dismiss . Document filed by Zeltiq Aesthetics, Inc.. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Declaration of Alyson B. Jones, #3 Proposed Order).(Jones, Alyson) |
Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/7/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) |
Filing 24 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/7/2021 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/10/2022. Redacted Transcript Deadline set for 1/20/2022. Release of Transcript Restriction set for 3/21/2022..(Moya, Goretti) |
Filing 23 STATUS REPORT. Joint Discovery Report dated December 15, 2021 Document filed by Zeltiq Aesthetics, Inc...(Jones, Alyson) |
Filing 22 ORDER granting #21 Letter Motion for Extension of Time. Application GRANTED. Defendant must answer or otherwise respond to Plaintiff's complaint by December 21, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/9/2021) (tg) |
Filing 21 CONSENT LETTER MOTION for Extension of Time to Respond to Plaintiff's Amended Complaint addressed to Judge Valerie E. Caproni from Alyson B. Jones dated December 9, 2021. Document filed by Zeltiq Aesthetics, Inc.. (Attachments: #1 Proposed Order).(Jones, Alyson) |
Set/Reset Deadlines: Zeltiq Aesthetics, Inc. answer due 12/21/2021. (tg) |
Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 12/7/2021. Attorney Daniel Markham present for the plaintiff. Attorney Alyson Jones present for the defendant. Court Reporter Paula Speer present. (anc) |
Filing 20 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Any motion to amend or to join additional parties shall be filed a date not more than 30 days following the initial pretrial conference absent exceptional circumstances. This case is to be tried to a jury. Deposition due by 9/16/2022. Fact Discovery due by 5/15/2022. Expert Discovery due by 9/16/2022. Pretrial Conference set for 5/20/2022 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 11/5/2021) (tg) |
Filing 19 MEMO ENDORSEMENT on re: #18 Initial Report of Parties Before Pretrial Conference filed by Zeltiq Aesthetics, Inc. ENDORSEMENT: The initial pretrial conference scheduled for November 12, 2021 is CANCELED. A case management plan will be entered separately. Defendant must answer or otherwise respond to Plaintiff's complaint by December 14, 2021. The parties must submit joint discovery reports on the 15th of every month (or the first business day after the 15th), with the first report due December 15, 2021. Upon a joint request, the Court is happy to refer the parties to Magistrate Judge Wang for a settlement conference prior to the end of fact discovery. SO ORDERED. Zeltiq Aesthetics, Inc. answer due 12/14/2021. (Signed by Judge Valerie E. Caproni on 11/5/2021) (tg) |
Filing 18 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Zeltiq Aesthetics, Inc.. (Attachments: #1 Proposed Case Management Plan and Scheduling Order).(Jones, Alyson) |
Filing 17 AMENDED COMPLAINT amending #1 Complaint against Zeltiq Aesthetics, Inc. with JURY DEMAND.Document filed by Linda Evangelista. Related document: #1 Complaint..(Gerard, Jodie) |
Filing 16 NOTICE OF APPEARANCE by Orlando R. Richmond, Sr on behalf of Zeltiq Aesthetics, Inc...(Richmond, Orlando) |
Filing 15 NOTICE OF APPEARANCE by Alyson B. Jones on behalf of Zeltiq Aesthetics, Inc...(Jones, Alyson) |
Filing 14 ORDER GRANTING MOTION TO ADMIT ORLANDO R. RICHMOND, SR PRO HAC VICE granting #12 Motion for Orlando R. Richmond, Sr. to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 10/20/2021) (tg) |
Filing 13 ORDER GRANTING MOTION TO ADMIT ALYSON BUSTAMANTE JONES PRO HAC VICE granting #11 Motion for Alyson Bustamante Jones to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 10/20/2021) (tg) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Orlando R. Richmond, Sr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25218128. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Alyson Bustamante Jones to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25218092. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
Filing 12 MOTION for Orlando R. Richmond, Sr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25218128. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zeltiq Aesthetics, Inc.. (Attachments: #1 Affidavit in Support of Motion to Admit Orlando R. Richmond, Sr. Pro Hac Vice, #2 Certificate of Good Standing (MS), #3 Proposed Order).(Richmond, Orlando) |
Filing 11 MOTION for Alyson Bustamante Jones to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25218092. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zeltiq Aesthetics, Inc.. (Attachments: #1 Affidavit in Support of Motion to Admit Alyson Bustamante Jones Pro Hac Vice, #2 Certificate of Good Standing (MS), #3 Certificate of Good Standing (TN), #4 Proposed Order).(Jones, Alyson) |
Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Zeltiq Aesthetics, Inc. waiver sent on 9/24/2021, answer due 11/23/2021. Document filed by Linda Evangelista..(Gerard, Jodie) |
Filing 9 NOTICE OF APPEARANCE by Vincent Robert Lodato on behalf of Zeltiq Aesthetics, Inc...(Lodato, Vincent) |
Filing 8 NOTICE OF APPEARANCE by Beth S. Rose on behalf of Zeltiq Aesthetics, Inc...(Rose, Beth) |
Filing 7 NOTICE OF APPEARANCE by Jodie Gerard on behalf of Linda Evangelista..(Gerard, Jodie) |
Filing 6 NOTICE OF APPEARANCE by Jennifer M. Muller on behalf of Linda Evangelista..(Muller, Jennifer) |
Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 7889. Initial Conference set for 11/12/2021 at 03:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 9/23/2021) (tg) |
Filing 4 ELECTRONIC SUMMONS ISSUED as to Zeltiq Aesthetics, Inc.. (vf) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(vf) |
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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
Case Designated ECF. (vf) |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Zeltiq Aesthetics, Inc., re: #1 Complaint. Document filed by Linda Evangelista..(Markham, Daniel) |
Filing 2 CIVIL COVER SHEET filed..(Markham, Daniel) |
Filing 1 COMPLAINT against Zeltiq Aesthetics, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25091912)Document filed by Linda Evangelista..(Markham, Daniel) |
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