Millennial Plastic Surgery PLLC v. James
Plaintiff: Millennial Plastic Surgery PLLC
Defendant: Meghan James
Case Number: 1:2021cv09590
Filed: November 18, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Edgardo Ramos
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2021 Opinion or Order Filing 30 ORDER: Defendant is directed to answer, move to dismiss, or otherwise respond to the Complaint no later than January 12, 2022. If Defendant answers, the parties are further directed to submit the attached Civil Case Discovery Plan and Scheduling Order on consent by January 14, 2022. It is SO ORDERED., Meghan James answer due 1/12/2022. (Signed by Judge Edgardo Ramos on 12/20/2021) (ama)
December 16, 2021 Opinion or Order Filing 29 ORDER FOR PRELIMINARY INJUNCTION: For the reasons set forth above, Plainti has established that (1) it is likely to suer irreparable harm in the absence of preliminary relief, (2) it is likely to succeed on the merits and has made a clear showing that it is entitled to the relief requested, (3) the balance of equities tips in its favor, and (4) an injunction is in the public interest.Defendant is hereby directed, forthwith, to cause the Instagram post dated November 16, 2021 referencing Millennial to be deleted, taken down, or otherwise rendered unviewable by any third-party. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 12/16/2021) (ama)
December 16, 2021 Minute Entry for proceedings held before Judge Edgardo Ramos: Oral Argument held on 12/16/2021 by telephone re: #7 Order to Show Cause. Plaintiff's and Defendant's counsel present. The Court takes the matter under advisement and will issue a short order with its decision. (jar)
December 14, 2021 Opinion or Order Filing 28 ORDER: The Court is in receipt of the parties' additional briefing filed pursuant to the Court's order at the show cause hearing on December 1, 2021 in connection with Plaintiff's motion for emergency preliminary relief. Docs. 18-19, 25. The parties are hereby directed to appear before the Court for a conference on December 16, 2021 at 10:30 a.m. by dialing 877-411-9748, using the access code 3029857#. It is SO ORDERED. ( Telephone Conference set for 12/16/2021 at 10:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 12/14/2021) (vfr) Modified on 12/20/2021 (vfr).
December 14, 2021 Filing 27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/1/21 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)
December 14, 2021 Filing 26 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/1/2021 before Judge Edgardo Ramos. Court Reporter/Transcriber: Pamela Utter, (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 1/4/2022. Redacted Transcript Deadline set for 1/14/2022. Release of Transcript Restriction set for 3/14/2022..(Moya, Goretti)
December 10, 2021 Filing 25 REPLY MEMORANDUM OF LAW in Opposition re: #21 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Edgardo Ramos from Kevin Fulton dated December 7, 2021. . Document filed by Meghan James. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Fulton, Kevin)
December 8, 2021 Filing 24 AFFIDAVIT of Kevin Fulton in Support re: #20 MOTION for Kevin Fulton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25428393. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Meghan James. (Attachments: #1 Certificate of Good Standing).(Fulton, Kevin)
December 7, 2021 Opinion or Order Filing 23 ORDER granting #21 Letter Motion for Extension of Time to File Response/Reply re #21 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Edgardo Ramos from Kevin Fulton dated December 7, 2021. Replies due by 12/10/2021. The deadline for Defendant's Memorandum in Opposition to Plaintiff's Motion for Preliminary Relief is hereby extended to Friday, December 10, 2021. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 12/7/2021) (rro)
December 7, 2021 Filing 22 LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Kevin Kehrli dated December 7, 2021 re: #21 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Edgardo Ramos from Kevin Fulton dated December 7, 2021. . Document filed by Millennial Plastic Surgery PLLC..(Kehrli, Kevin)
December 7, 2021 Filing 21 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Edgardo Ramos from Kevin Fulton dated December 7, 2021. Document filed by Meghan James..(Fulton, Kevin)
December 7, 2021 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #20 MOTION for Kevin Fulton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25428393. 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 Texas.; Missing Attorney Affidavit Per Local Rule 1.3;. 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.. (bcu)
December 6, 2021 Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kevin Fulton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25428393. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Meghan James. (Attachments: #1 Text of Proposed Order Order for Admission Pro Hac Vice).(Fulton, Kevin) Modified on 12/7/2021 (bcu).
December 3, 2021 Filing 19 MEMORANDUM OF LAW in Support re: #7 Order to Show Cause,, Show Cause Hearing,, Set Hearings,, Set Deadlines, . Document filed by Millennial Plastic Surgery PLLC..(Kehrli, Kevin)
December 3, 2021 Filing 18 DECLARATION of Jihong Lee in Support re: #7 Order to Show Cause,, Show Cause Hearing,, Set Hearings,, Set Deadlines,. Document filed by Millennial Plastic Surgery PLLC..(Kehrli, Kevin)
December 1, 2021 Minute Entry for proceedings held before Judge Edgardo Ramos: Show Cause Hearing held on 12/1/2021. Plaintiff's counsel present. Pro Se Defendant present. Plaintiff's additional briefing is due Friday, December 3, 2021. Defendant's response is due Wednesday, December 8, 2021. (jar)
November 29, 2021 Opinion or Order Filing 17 MEMO ENDORSEMENT on re: #16 Letter filed by Millennial Plastic Surgery PLLC. ENDORSEMENT: Plaintiff's request is DENIED. Mohammed Gangat is not representing Defendant Mehgan James in this action, and therefore, the Court cannot so order a stipulation based on Mr. Gangat's representation on her behalf. Accordingly, the Court will decide the issue of emergency preliminary relief at the show cause hearing scheduled for Wednesday, December 1, 2021 at 3 p.m. at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007 in Courtroom 619. (Signed by Judge Edgardo Ramos on 11/29/2021) (ate)
November 29, 2021 Filing 16 LETTER addressed to Judge Edgardo Ramos from Kevin Kehrli dated November 29, 2021 re: Defendant's Submissions. Document filed by Millennial Plastic Surgery PLLC..(Kehrli, Kevin)
November 29, 2021 Filing 15 LETTER addressed to Judge Edgardo Ramos from Mohammed Gangat dated Nov. 29, 2021 re: Order to Show Cause. Document filed by Meghan James..(Gangat, Mohammed)
November 29, 2021 Opinion or Order Filing 14 ORDER: The show cause hearing is adjourned to Wednesday, December 1, 2021 at 3 p.m. at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007 in Courtroom 619. (Signed by Judge Edgardo Ramos on 11/29/2021) (jar)
November 29, 2021 Filing 13 E-MAIL addressed to Judge Edgardo Ramos from Chelsea Houston on behalf of Kevin Fulton and Meghan James dated 11/24/2021 re: request to adjourn the November 29 show cause hearing. Document filed by Meghan James.(jar)
November 28, 2021 Filing 12 DECLARATION of Kevin Kehrli in Support re: #7 Order to Show Cause,, #11 Order,,,,,, Set Deadlines/Hearings,,,,,. Document filed by Millennial Plastic Surgery PLLC..(Kehrli, Kevin)
November 23, 2021 Opinion or Order Filing 11 ORDER: The Court is in receipt of the proposed temporary restraining order and the declaration and papers in support thereof led by Plainti Millennial Plastic Surgery PLLC. Plaintiffs request is hereby DENIED. The order to show cause hearing previously scheduled for November 30, 2021 at 11:30 a.m. is rescheduled for November 29, 2021 at 2:00 p.m. It is ORDERED, that Defendant show cause before this Court, at the United States Courthouse located at 40 Foley Square, Courtroom 619, New York, New York 10007 why this Court should not issue an order pursuant to Fed. R. Civ. P. 65 for emergency preliminary relief as further set forth in Doc. 7. IT IS ORDERED, that Plaintiff shall serve a copy of this Order upon Defendant on or before November 23, 2021. IT IS FURTHER ORDERED, that Defendant shall serve opposition papers, if any, on Plaintiff's counsel by hand-delivery or electronically on Kevin Kehrli of Garson, Segal, Steinmetz, Fladgate LLP, 164 West 25th Street, Suite 11R, New York, New York 10001, at kk@gs2law.com on or by November 24, 2021, and that any reply papers shall be served by Plaintiff on Defendant by hand-delivery or electronically by email from which Defendant's counsel received opposition papers on or before November 28, 2021. And as set forth. SO ORDERED., ( Show Cause Hearing set for 11/29/2021 at 02:00 PM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 11/23/2021) (ama)
November 23, 2021 Filing 10 MEMORANDUM OF LAW in Support re: #7 Order to Show Cause,, #8 Proposed Temporary Restraining Order . Document filed by Millennial Plastic Surgery PLLC..(Kehrli, Kevin)
November 23, 2021 Filing 9 DECLARATION of David Shokrian M.D. in Support re: #7 Order to Show Cause,, #8 Proposed Temporary Restraining Order. Document filed by Millennial Plastic Surgery PLLC..(Kehrli, Kevin)
November 23, 2021 Filing 8 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Millennial Plastic Surgery PLLC..(Kehrli, Kevin) Proposed Order to be reviewed by Clerk's Office staff.
November 23, 2021 ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #8 Proposed Temporary Restraining Order was reviewed and approved as to form. (km)
November 19, 2021 Opinion or Order Filing 7 ORDER TO SHOW CAUSE FOR EMERGENCY PRELIMARY RELIEF: Upon the Complaint filed on November 18, 2021, and the Declaration of David Shokrian M.D. and Memorandum of Law filed herewith, it is hereby: ORDERED, that Defendant Meghan James show cause before this Court, at the United States Courthouse located at 40 Foley Square, Courtroom 619, New York, New York 10007 on the 30th day of November, 2021 at 11:30 A.M. or as soon thereafter as counsel can be heard, why this Court should not issue a an Order pursuant Fed. R. Civ. P. 65: As further set forth in this order. SO ORDERED. (Signed by Judge Edgardo Ramos on 11/19/2021) Show Cause Hearing set for 11/30/2021 at 11:30 AM before Judge Edgardo Ramos. (ks)
November 19, 2021 Filing 6 MEMORANDUM OF LAW in Support re: #3 Proposed Order to Show Cause With Emergency Relief . Document filed by Millennial Plastic Surgery PLLC..(Kehrli, Kevin)
November 19, 2021 Filing 5 DECLARATION of David Shokrian M.D. in Support re: #3 Proposed Order to Show Cause With Emergency Relief. Document filed by Millennial Plastic Surgery PLLC. (Attachments: #1 Exhibit A - Influencer Agreement, #2 Exhibit B - Cosmetic Surgery Agreement, #3 Exhibit C - Non-Disclosure and Non-Disparagement Agreements).(Kehrli, Kevin)
November 19, 2021 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Millennial Plastic Surgery PLLC..(Kehrli, Kevin)
November 19, 2021 Filing 3 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Millennial Plastic Surgery PLLC..(Kehrli, Kevin) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
November 19, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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)
November 19, 2021 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #3 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (dt)
November 19, 2021 Case Designated ECF. (jgo)
November 19, 2021 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)
November 18, 2021 Filing 2 CIVIL COVER SHEET filed..(Kehrli, Kevin)
November 18, 2021 Filing 1 COMPLAINT against Meghan James. (Filing Fee $ 402.00, Receipt Number ANYSDC-25357128)Document filed by Millennial Plastic Surgery PLLC. (Attachments: #1 Exhibit A - Cosmetic Surgery Agreement, #2 Exhibit B - Influencer Agreement, #3 Exhibit C - Non-Disclosure and Non-Disparagement Agreements).(Kehrli, Kevin)

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Plaintiff: Millennial Plastic Surgery PLLC
Represented By: Kevin Kehrli
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Defendant: Meghan James
Represented By: Kevin H. Fulton, Jr
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