Bastone v. Prince Lionheart, Inc. et al
Plaintiff: Rene Bastone
Defendant: Prince Lionheart, Inc.
Cross Claimant: AMAZON.COM SERVICES, INC.
Case Number: 1:2021cv08697
Filed: October 22, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1441 pl Petition for Removal- Product Liability
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 17, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 17, 2022 Opinion or Order Filing 27 ***SELECTED PARTIES*** ORDER granting #26 Motion to Approve Infant's Settlement: the Settlement is approved, and as further set forth in this order. The matter is dismissed with prejudice. The Clerk of Court is directed to terminate the pending motion at docket number 26. (Signed by Judge Katherine Polk Failla on 11/16/2022) (tn)
November 15, 2022 Filing 26 ***SELECTED PARTIES*** MOTION to Approve Minor's Settlement . Document filed by Rene Bastone(individually), Rene Bastone(and as Natural Guardian of L.B., a minor ), Amazon.com Services, Inc., Prince Lionheart, Inc.. (Attachments: #1 Exhibit A: Affidavit of Rene Baston, #2 Exhibit B: Affirmation of Nicholas R. Farnolo, Esq., #3 Exhibit C: Napoli Shkolnik Timesheet, #4 Exhibit D: Expense Ledger, #5 Text of Proposed Order [Proposed] Order)Motion or Order to File Under Seal: #23 .(Farnolo, Nicholas)
November 14, 2022 Opinion or Order Filing 25 ORDER granting #23 Letter Motion for Leave to File Document; granting #24 Letter Motion for Leave to File Document. Application GRANTED. Plaintiff is instructed to file unredacted versions of the motion for settlement approval and related documentation under seal. The Clerk of Court is directed to terminate the pending motions at docket numbers 23 and 24.. (Signed by Judge Katherine Polk Failla on 11/14/2022) (rro)
November 11, 2022 Filing 24 ***SELECTED PARTIES*** MOTION for Leave to File Sealed Motion to Approve Settlement . Document filed by Rene Bastone(individually), Amazon.com Services, Inc., Prince Lionheart, Inc.. (Attachments: #1 Exhibit 1 to Letter Motion for Leave to file Under Seal)Motion or Order to File Under Seal: #23 .(Farnolo, Nicholas)
November 11, 2022 Filing 23 LETTER MOTION for Leave to File Sealed Motion to Approve Settlement addressed to Judge Katherine Polk Failla from Nicholas R. Farnolo dated 11/11/2022. Document filed by Rene Bastone(individually)..(Farnolo, Nicholas)
January 10, 2022 Opinion or Order Filing 22 ORDER: Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 1/10/2022) (rro)
January 10, 2022 Filing 21 LETTER addressed to Judge Katherine Polk Failla from Nicholas R. Farnolo dated January 10, 2022 re: reporting settlement in principle and requesting a stay. Document filed by Rene Bastone(individually), Rene Bastone(and as Natural Guardian of L.B., a minor )..(Farnolo, Nicholas)
December 7, 2021 Filing 20 NOTICE OF APPEARANCE by Nicholas Rocco Farnolo on behalf of Rene Bastone(individually), Rene Bastone(and as Natural Guardian of L.B., a minor )..(Farnolo, Nicholas)
December 6, 2021 Opinion or Order Filing 19 ORDER terminating #18 Letter Motion for Leave to File Document. The Court is in receipt of Defendant Prince Lionheart's premotion letter dated November 29, 2021. As outlined in Rule 2(G) of this Court's Individual Rules of Practice, the Court expects parties to a litigation removed from state court to enter a Notice of Appearance promptly after removal. It does not appear that Plaintiff has done so here. Therefore, in the first instance, the Court directs counsel for Defendant Prince Lionheart to transmit this endorsement to counsel for Plaintiff promptly. The Court then directs counsel for Plaintiff to file a Notice of Appearance on or before Friday, December 10, 2021, and to respond to Defendant Prince Lionheart's pre-motion letter on or before Monday, December 13, 2021. In its response, counsel for Plaintiff should indicate whether it contemplates filing an amended pleading in response to the arguments made in Defendant Prince Lionheart's pre-motion letter. The conference scheduled for December 17, 2021, is hereby ADJOURNED sine die. (Signed by Judge Katherine Polk Failla on 12/6/2021) (rro)
November 29, 2021 Filing 18 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Katherine Polk Failla from Bettina J. Strauss dated November 29, 2021. Document filed by Prince Lionheart, Inc.. (Attachments: #1 Exhibit A - Motion to Dismiss).(Strauss, Bettina)
November 29, 2021 Filing 17 ANSWER to Complaint., CROSSCLAIM against Prince Lionheart, Inc.. Document filed by Amazon.com Services, Inc...(Schwartz, Andrew)
November 1, 2021 Opinion or Order Filing 16 ORDER FOR ADMISSION PRO HAC VICE granting #13 Motion for James P. Emanuel to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 11/1/2021) (rro)
November 1, 2021 Opinion or Order Filing 15 ORDER FOR ADMISSION PRO HAC VICE granting #12 Motion for Bettina J. Strauss to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 11/1/2021) (rro)
November 1, 2021 Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Amazon.com Inc. for Amazon.com Services, Inc.. Document filed by Amazon.com Services, Inc...(Schwartz, Andrew)
October 29, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Bettina J. Strauss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25258871. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
October 29, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for James P. Emanuel, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25258925. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
October 28, 2021 Filing 13 MOTION for James P. Emanuel, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25258925. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Prince Lionheart, Inc.. (Attachments: #1 Exhibit Ex. A - Certificates of Good Standing, #2 Exhibit Ex. B - Declaration of James P. Emanuel, #3 Exhibit Ex. C - Proposed Order).(Emanuel, James)
October 28, 2021 Filing 12 MOTION for Bettina J. Strauss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25258871. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Prince Lionheart, Inc.. (Attachments: #1 Exhibit Ex. A - Certificates of Good Standing, #2 Exhibit Ex. B - Declaration of Bettina J. Strauss, #3 Exhibit Ex. C - Proposed Order).(Strauss, Bettina)
October 28, 2021 Filing 11 NOTICE OF APPEARANCE by Beth S. Rose on behalf of Amazon.com Services, Inc...(Rose, Beth)
October 28, 2021 Opinion or Order Filing 10 ORDER granting #9 Letter Motion for Extension of Time to Answer re #9 LETTER MOTION for Extension of Time to File Answer addressed to Judge Katherine Polk Failla from Andrew W. Schwartz dated October 28, 2021. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket number 9. (Amazon.com Services, Inc. answer due 11/29/2021.) (Signed by Judge Katherine Polk Failla on 10/28/2021) (rro)
October 28, 2021 Filing 9 LETTER MOTION for Extension of Time to File Answer addressed to Judge Katherine Polk Failla from Andrew W. Schwartz dated October 28, 2021. Document filed by Amazon.com Services, Inc...(Schwartz, Andrew)
October 27, 2021 Opinion or Order Filing 8 NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on December 17, 2021, at 2:30 p.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Initial Conference set for 12/17/2021 at 02:30 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 10/27/2021) (rro)
October 25, 2021 Filing 7 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 158629/2021..Document filed by Amazon.com Services, Inc.. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Affidavit of Service on Amazon, #3 Exhibit C - Prince Lionheart Consent to Removal, #4 Letter to Court).(Schwartz, Andrew)
October 25, 2021 Opinion or Order Filing 6 ORDER granting #4 Letter Motion for Extension of Time to Answer re #4 CONSENT LETTER MOTION for Extension of Time to File Answer / Request For Extension Of Time To Respond To Complaint addressed to Judge Katherine Polk Failla from Bret Harold Isenberg Ruber dated October 25, 2021., #5 CONSENT LETTER MOTION for Extension of Time to File Answer / Corrected Request For Extension Of Time To Respond To Complaint addressed to Judge Katherine Polk Failla from Bret Harold Isenberg Ruber dated October 25, 2021., #2 Notice of Removal,. Prince Lionheart, Inc. answer due 11/29/2021; terminating #5 Letter Motion for Extension of Time to Answer re #4 CONSENT LETTER MOTION for Extension of Time to File Answer / Request For Extension Of Time To Respond To Complaint addressed to Judge Katherine Polk Failla from Bret Harold Isenberg Ruber dated October 25, 2021., #5 CONSENT LETTER MOTION for Extension of Time to File Answer / Corrected Request For Extension Of Time To Respond To Complaint addressed to Judge Katherine Polk Failla from Bret Harold Isenberg Ruber dated October 25, 2021. Application GRANTED. SO ORDERED. Prince Lionheart, Inc. answer due 11/29/2021. (Signed by Judge Katherine Polk Failla on 10/25/2021) (tg)
October 25, 2021 Filing 5 CONSENT LETTER MOTION for Extension of Time to File Answer / Corrected Request For Extension Of Time To Respond To Complaint addressed to Judge Katherine Polk Failla from Bret Harold Isenberg Ruber dated October 25, 2021. Document filed by Prince Lionheart, Inc...(Ruber, Brett)
October 25, 2021 Filing 4 CONSENT LETTER MOTION for Extension of Time to File Answer / Request For Extension Of Time To Respond To Complaint addressed to Judge Katherine Polk Failla from Bret Harold Isenberg Ruber dated October 25, 2021. Document filed by Prince Lionheart, Inc...(Ruber, Brett)
October 25, 2021 Filing 3 CIVIL COVER SHEET filed..(Schwartz, Andrew)
October 25, 2021 Filing 2 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 158629/2021..Document filed by Amazon.com Services, Inc.. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Affidavit of Service on Amazon, #3 Exhibit C - Prince Lionheart Consent to Removal).(Schwartz, Andrew)
October 25, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew W. Schwartz. The party information for the following party/parties has been modified: AMAZON.COM SERVICES, INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf)
October 25, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew W. Schwartz to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): Pursuant to ECF Rule 13.3, you must refile your pleading with exhibits named accordingly. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)
October 25, 2021 Case Designated ECF. (vf)
October 25, 2021 Magistrate Judge Debra C. Freeman 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)
October 25, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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)
October 25, 2021 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Andrew W. Schwartz. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf)
October 22, 2021 Filing 1 FILING ERROR - DEFICIENT - NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 158629/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25234699).Document filed by AMAZON.COM SERVICES, INC...(Schwartz, Andrew) Modified on 10/25/2021 (vf).

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Plaintiff: Rene Bastone
Represented By: Nicholas Rocco Farnolo
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Defendant: Prince Lionheart, Inc.
Represented By: Bettina J. Strauss
Represented By: Bret Harold Isenberg Ruber
Represented By: James Emanuel, Jr
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Cross claimant: AMAZON.COM SERVICES, INC.
Represented By: Andrew W. Schwartz
Represented By: Beth S. Rose
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