Onaka et al v. Shiseido Americas Corporation
| DAIAN ONAKA, TORSHIA WOODS, SHELI ZELLER, MARGO FERGUSON and EVA BAILEY |
| Shiseido Americas Corporation |
| 1:2021cv10665 |
| December 14, 2021 |
| US District Court for the Southern District of New York |
| Paul A Crotty |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 23, 2024. A more recent docket listing may be available from PACER.
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Filing 39
OPINION & ORDER re: #27 MOTION to Dismiss (DEFENDANT SHISEIDO AMERICAS CORPORATIONS NOTICE OF MOTION TO DISMISS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1) and (6)). filed by Shiseido Americas Corporation. For the reasons stated above, the Court GRANTS Defendant's motion to dismiss the Complaint. Defendant's request for oral argument is denied. Although Defendant requests that the Complaint be dismissed with prejudice, "where a complaint is dismissed for lack of Article III standing, the dismissal must be without prejudice rather than with prejudice" because such "a dismissal is one for lack of subject matter jurisdiction." Carter, 822 F.3d at 54-55. Plaintiffs have 21 days to file an Amended Complaint, should they so desire. The Clerk of Court is respectfully directed to close the motion at ECF No. 27. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/27/2023) (ks) Transmission to Orders and Judgments Clerk for processing.
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Filing 38
NOTICE of of Supplemental Authority. Document filed by Eva Bailey, Margo Ferguson, Daian Onaka, Torshia Woods, Sheli Zeller. (Attachments: #1 Exhibit A - Order on Motion to Dismiss).(Weiner, Melissa)
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Filing 37
NOTICE OF APPEARANCE by Mitchell Mark Breit on behalf of Eva Bailey, Margo Ferguson, Daian Onaka, Torshia Woods, Sheli Zeller..(Breit, Mitchell)
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Filing 36
ORDER granting #35 Motion to Withdraw as Attorney. Attorney Andrei V. Rado terminated. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
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Filing 35
MOTION for Andrei Rado to Withdraw as Attorney . Document filed by Eva Bailey, Margo Ferguson, Daian Onaka, Torshia Woods, Sheli Zeller..(Segui, Harper)
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Filing 34
NOTICE of of Change of Firm Name and E-mail Address. Document filed by Eva Bailey, Margo Ferguson, Daian Onaka, Torshia Woods, Sheli Zeller..(Weiner, Melissa)
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Filing 33
NOTICE OF CHANGE OF ADDRESS by Melissa S Weiner on behalf of Eva Bailey, Margo Ferguson, Daian Onaka, Torshia Woods, Sheli Zeller. New Address: Pearson, Simon & Warshaw, LLP, 328 Barry Ave. S., Suite 200, Wayzata, Minnesota, United States 55391, 6123890600..(Weiner, Melissa)
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Filing 32
REPLY MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss (DEFENDANT SHISEIDO AMERICAS CORPORATIONS NOTICE OF MOTION TO DISMISS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1) and (6)). . Document filed by Shiseido Americas Corporation..(Leskin, Lori)
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Filing 31
MEMORANDUM OF LAW in Opposition re: #28 Declaration in Support of Motion,,,,, Defendant's Request for Judicial Notice. Document filed by Eva Bailey, Margo Ferguson, Daian Onaka, Torshia Woods, Sheli Zeller..(Weiner, Melissa)
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Filing 30
MEMORANDUM OF LAW in Opposition re: #27 MOTION to Dismiss (DEFENDANT SHISEIDO AMERICAS CORPORATIONS NOTICE OF MOTION TO DISMISS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1) and (6)). . Document filed by Eva Bailey, Margo Ferguson, Daian Onaka, Torshia Woods, Sheli Zeller..(Weiner, Melissa)
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Filing 29
MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss (DEFENDANT SHISEIDO AMERICAS CORPORATIONS NOTICE OF MOTION TO DISMISS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1) and (6)). . Document filed by Shiseido Americas Corporation..(Leskin, Lori)
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Filing 28
DECLARATION of Lori B. Leskin in Support re: #27 MOTION to Dismiss (DEFENDANT SHISEIDO AMERICAS CORPORATIONS NOTICE OF MOTION TO DISMISS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1) and (6)).. Document filed by Shiseido Americas Corporation. (Attachments: #1 Exhibit A - Risk Assessment of Fluorinated Substances in Cosmetic Products, Ministry of Environment and Food of Denmark, #2 Exhibit B - National Toxicology Program, Per-and Polyfluoroalkyl Substances (PFAS), #3 Exhibit C - U.S. EPA, PFAS Explained, #4 Exhibit D - The Madrid Statement, Green Science Policy Institute, #5 Exhibit E - Clean Beauty Makeup, bareMinerals, #6 Exhibit F - U.S. EPA, Our Current Understanding of the Human Health and Environmental Risks of PFAS, #7 Exhibit G - U.S. EPA, EPA Actions to Address PFAS, #8 Exhibit H - U.S. FDA, Authorized Uses of PFAS in Food Contact Applications, #9 Exhibit I - U.S. FDA, Prohibited & Restricted Ingredients in Cosmetics, #10 Exhibit J - U.S. FDA, Per-and Polyfluoroalkyl Substances (PFAS) in Cosmetics, #11 Exhibit K - June 1, 2022 Order Granting Motion to Dismiss in GMO Free USA v. Coty Inc. et al., No. 2021 CA 004786 B (Superior Court of Washington, D.C.), #12 Exhibit L - Webpage, including ingredient disclosures, for barePRO Performance Wear Liquid Foundation SPF 20).(Leskin, Lori)
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Filing 27
MOTION to Dismiss (DEFENDANT SHISEIDO AMERICAS CORPORATIONS NOTICE OF MOTION TO DISMISS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1) and (6)). Document filed by Shiseido Americas Corporation..(Leskin, Lori)
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Filing 26
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Shishedo Company, Ltd. for Shiseido Americas Corporation. Document filed by Shiseido Americas Corporation..(Leskin, Lori)
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Filing 25
ORDER granting #24 Motion for Willis M. Wagner to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Willis M. Wagner to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-26114121. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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Filing 24
MOTION for Willis M. Wagner to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-26114121. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Shiseido Americas Corporation. (Attachments: #1 Affidavit - Declaration of W. Wagner in Support of Motion for Admission Pro Hac Vice, #2 Exhibit W. Wagner California Certificate of Good Standing, #3 Exhibit W. Wagner Nevada Certificate of Good Standing, #4 Text of Proposed Order for W. Wagner Pro Hac Vice Admission).(Wagner, Willis)
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Filing 23
ORDER granting #21 Motion to Withdraw as Attorney. The request to withdraw is granted. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
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Filing 22
ORDER granting #20 Motion for Erin J. Ruben to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Erin J. Ruben 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. (aea)
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Filing 21
MOTION for Gregory N. Arenson to Withdraw as Attorney . Document filed by Eva Bailey, Margo Ferguson, Daian Onaka, Torshia Woods, Sheli Zeller..(Weiner, Melissa)
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Filing 20
MOTION for Erin J. Ruben to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eva Bailey, Margo Ferguson, Daian Onaka, Torshia Woods, Sheli Zeller. (Attachments: #1 Affidavit of Erin J. Ruben, #2 Supplement Certificate of Good Standing- NC, #3 Supplement Certificate of Good Standing- VA, #4 Text of Proposed Order Proposed Order).(Ruben, Erin)
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CALENDAR ENTRY **REMINDER & CHANGE**: Pre-Motion Conference scheduled to go forward on: Tuesday, May 3, 2022 @ 2:30 PM, via teleconference before Judge Paul A. Crotty, U.S.D.J. The parties are instructed to dial: 888-363-4749. Access: 8539662. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Pre-Motion Conference held on 5/3/2022. REMARK: Counsel for both sides appeared. The Court heard argument on the forthcoming motion and set the following schedule: Motion due by June 2, 2022. Responses due by June 30, 2022. Replies due by July 14, 2022. See transcript for details. (Court Reporter Steven Greenblum) (dgo)
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Filing 19
NOTICE OF APPEARANCE by Mitchell Mark Breit on behalf of Eva Bailey, Margo Ferguson, Daian Onaka, Torshia Woods, Sheli Zeller..(Breit, Mitchell)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #18 MOTION for Erin J. Ruben to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26064001. 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 Virginia (804-786-2251) - not the State Bar.;. 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.. (aea)
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Filing 18
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Erin J. Ruben to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26064001. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eva Bailey, Margo Ferguson, Daian Onaka, Torshia Woods, Sheli Zeller. (Attachments: #1 Affidavit of Erin J. Ruben, #2 Supplement Certificate of Good Standing- NC, #3 Supplement Certificate of Good Standing- VA, #4 Text of Proposed Order).(Ruben, Erin) Modified on 4/28/2022 (aea).
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Filing 17
LETTER addressed to Judge Paul A. Crotty from Melissa S. Weiner dated April 15, 2022 re: Response to Defendant's April 12, 2015 Letter regarding filing of Motion to Dismiss. Document filed by Eva Bailey, Margo Ferguson, Daian Onaka, Torshia Woods, Sheli Zeller..(Weiner, Melissa)
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Filing 16
NOTICE OF APPEARANCE by Harper Todd Segui on behalf of Eva Bailey, Margo Ferguson, Daian Onaka, Torshia Woods, Sheli Zeller..(Segui, Harper)
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Notice of Pre-Motion Conference: A Pre-Motion Conference is scheduled to go forward on: Tuesday, May 3, 2022 @ 2:30 PM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)
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Filing 15
LETTER addressed to Judge Paul A. Crotty from Lori B. Leskin dated April 12, 2022 re: Motion to Dismiss. Document filed by Shiseido Americas Corporation..(Leskin, Lori)
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Filing 14
ORDER granting #13 Motion for Harper T. Segui to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Harper T. Segui to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25757276. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 13
MOTION for Harper T. Segui to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25757276. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eva Bailey, Margo Ferguson, Daian Onaka, Torshia Woods, Sheli Zeller. (Attachments: #1 Affidavit of Harper T. Segui, #2 Text of Proposed Order for Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing- South Carolina, #4 Exhibit Certificate of Good Standing- Georgia).(Segui, Harper)
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Filing 12
ORDER granting #11 Motion for Extension of Time to Answer re #11 SECOND LETTER MOTION for Extension of Time to File Answer. The time to move or otherwise answer the complaint is extended to April 12, 2022. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
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Filing 11
SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Crotty from Lori B. Leskin dated February 11, 2022. Document filed by Shiseido Americas Corporation..(Leskin, Lori)
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to Answer re #9 LETTER MOTION for Extension of Time to File Answer. The time to answer or otherwise move is extended to February 15, 2022. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
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Filing 9
LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Crotty from Lori B. Leskin dated January 4, 2022. Document filed by Shiseido Americas Corporation..(Leskin, Lori)
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Filing 8
NOTICE OF APPEARANCE by Lori Blake Leskin on behalf of Shiseido Americas Corporation..(Leskin, Lori)
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Filing 7
ORDER granting #6 Motion for Gregory Nathan Arenson to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Gregory Nathan Arenson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25504868. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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Filing 6
MOTION for Gregory Nathan Arenson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25504868. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eva Bailey, Margo Ferguson, Daian Onaka, Torshia Woods, Sheli Zeller. (Attachments: #1 Affidavit Affidavit of G. Arenson in Support of Motion, #2 Certificate of Good Standing MN, #3 Certificate of Good Standing NDIL, #4 Text of Proposed Order).(Arenson, Gregory)
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Filing 5
NOTICE OF APPEARANCE by Melissa S Weiner on behalf of Eva Bailey, Margo Ferguson, Daian Onaka, Torshia Woods, Sheli Zeller..(Weiner, Melissa)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Shiseido Americas Corporation. (vf)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrei V. Rado. The following case opening statistical information was erroneously selected/entered: Arbitration code y (Yes); County code New York. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to XX Out of State. (vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrei V. Rado. The party information for the following party/parties has been modified: DAIAN ONAKA, MARGO FERGUSON, SHELI ZELLER, TORSHIA WOODS, EVA BAILEY. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. 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)
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Case Designated ECF. (vf)
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Magistrate Judge Stewart D. Aaron 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)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to SHISEIDO AMERICAS CORPORATION, re: #1 Complaint. Document filed by Daian Onaka, Margo Ferguson, Sheli Zeller, Torshia Woods, Eva Bailey.(Rado, Andrei)
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Filing 2
CIVIL COVER SHEET filed..(Rado, Andrei)
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Filing 1
COMPLAINT against Shiseido Americas Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-25464047)Document filed by Daian Onaka, Margo Ferguson, Sheli Zeller, Torshia Woods, Eva Bailey.(Rado, Andrei)
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