Ratermann v. Pierre Fabre USA, Inc. et al
| Patty Ratermann |
| Pierre Fabre USA, Inc., CVS Health Corporation, QuickFrame, Inc., Ulta Salon, Cosmetics & Fragrance, Inc., Walmart, Inc., Who Stole The Tarts, LLC, DermaHealth Dermatology, PLLC, Sephora USA, Inc., Theme Technologies LLC, Does 1 Through 10, Pierre Fabre USA, Inc. a Delaware Corporation, Individually doing business as Avene, Who Stole The Tarts, LLC a Wyoming Limited Liability Company, Individually doing business as Hellosubscription.com, DermaHealth Dermatology, PLLC a Washington Professional Limited Liability Company, Individually doing business as Thedermashop, Theme Technologies LLC a Delaware Limited Liability Company, individually doing business as Templatemonster, Walgreen Co. and Amazon, Inc. |
| 1:2022cv00325 |
| January 12, 2022 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 4, 2023. A more recent docket listing may be available from PACER.
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Filing 28
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Ulta Salon, Cosmetics & Fragrance, Inc. served on 2/28/2022, answer due 3/21/2022. Service was accepted by The Prentice Hall Corporation System c/o Lynanne Gares/Registered Agent for Service of Process. Document filed by Patty Ratermann..(Burroughs, Scott)
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Filing 27
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Amazon, Inc. served on 2/28/2022, answer due 3/21/2022. Service was accepted by Corporation Service Company c/o Lynanne Gares\Registered Agent for Service of Process. Document filed by Patty Ratermann..(Burroughs, Scott)
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Filing 26
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Walmart, Inc. served on 2/28/2022, answer due 3/21/2022. Service was accepted by The Corporation Trust Company c/o Amy McLaren/Registered Agent for Service of Process. Document filed by Patty Ratermann..(Burroughs, Scott)
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Filing 25
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. QuickFrame, Inc. served on 2/28/2022, answer due 3/21/2022. Service was accepted by The Corporation Trust Company c/o Amy McLaren/Registered Agent for Service of Process. Document filed by Patty Ratermann..(Burroughs, Scott)
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Filing 24
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Pierre Fabre USA, Inc. served on 2/28/2022, answer due 3/21/2022. Service was accepted by The Corporation Trust Company c/o Amy McLaren/Registered Agent for Service of Process. Document filed by Patty Ratermann..(Burroughs, Scott)
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Filing 23
ELECTRONIC AMENDED SUMMONS ISSUED as to Pierre Fabre USA, Inc., QuickFrame, Inc., Ulta Salon, Cosmetics & Fragrance, Inc., Walmart, Inc...(pc)
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Filing 22
ELECTRONIC SUMMONS ISSUED as to Amazon, Inc., Walgreen Co...(pc)
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Filing 21
REQUEST FOR ISSUANCE OF SUMMONS as to Walgreen Co. and Amazon, Inc., re: #17 Amended Complaint,. Document filed by Patty Ratermann..(Burroughs, Scott)
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Filing 20
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Pierre Fabre USA, Inc., Quickframe, Inc., Ulta Salon, Cosmetics & Fragrance, Inc., and Walmart, Inc., re: #17 Amended Complaint,. Document filed by Patty Ratermann..(Burroughs, Scott)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Scott Alan Burroughs to RE-FILE Document No. #19 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendants previously issued a summons require an Amended Summons. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
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Filing 19
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF SUMMONS as to Pierre Fabre USA, Inc., Walgreen Co., Quickframe, Inc., Ulta Salon, Cosmetics & Fragrance, Inc., Walmart, Inc., and Amazon, Inc., re: #17 Amended Complaint. Document filed by Patty Ratermann..(Burroughs, Scott) Modified on 2/18/2022 (sj).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Scott Alan Burroughs to RE-FILE Document No. #18 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons. For new parties added, use the event type Request for Issuance of Summons. For parties previously issued a summons use the event type Request for Issuance of Amended 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. (vf)
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Filing 18
FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Pierre Fabre USA, Inc., Walgreen Co., Quickframe, Inc., Ulta Salon, Cosmetics & Fragrance, Inc., Walmart, Inc., and Amazon, Inc., re: #17 Amended Complaint,. Document filed by Patty Ratermann..(Burroughs, Scott) Modified on 2/15/2022 (vf).
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Filing 17
SECOND AMENDED COMPLAINT amending #9 Amended Complaint, against Does 1 Through 10, Pierre Fabre USA, Inc., QuickFrame, Inc., Ulta Salon, Cosmetics & Fragrance, Inc., Walmart, Inc., Walgreen Co., Amazon, Inc. with JURY DEMAND.Document filed by Patty Ratermann. Related document: #9 Amended Complaint,..(Burroughs, Scott)
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Filing 16
ORDER granting #15 Letter Motion for Leave to File Document. Application GRANTED. No later than February 14, 2022, Plaintiff shall file the amended complaint as a standalone document. The Clerk of Court is directed to terminate ECF No. 15. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/10/22) (yv)
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Filing 15
LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Jesse M. Furman from Laura M. Zaharia dated February 10, 2022. Document filed by Patty Ratermann. (Attachments: #1 Exhibit Proposed Second Amended Complaint).(Zaharia, Laura)
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Filing 14
NOTICE OF APPEARANCE by Laura Maria Zaharia on behalf of Patty Ratermann..(Zaharia, Laura)
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Set/Reset Deadlines: Amended Pleadings due by 2/14/2022. (yv)
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Filing 13
ELECTRONIC SUMMONS ISSUED as to CVS Health Corporation, Pierre Fabre USA, Inc., QuickFrame, Inc., Ulta Salon, Cosmetics & Fragrance, Inc., Walmart, Inc.. (sj)
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Filing 12
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Pierre Fabre USA, Inc., CVS Health Corporation, Quickframe, Inc., Ulta Salon, Cosmetics & Fragrance, Inc., and Walmart, Inc., re: #9 Amended Complaint,. Document filed by Patty Ratermann..(Burroughs, Scott)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Scott Alan Burroughs to RE-FILE Document No. #11 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): Summons PDF is corrupted and cannot be modified;. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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Filing 11
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Pierre Fabre USA, Inc., CVS Health Corporation, Quickframe, Inc., Ulta Salon, Cosmetics & Fragrance, Inc., and Walmart, Inc., re: #9 Amended Complaint,. Document filed by Patty Ratermann..(Burroughs, Scott) Modified on 2/7/2022 (pc).
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Filing 10
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST - PREVIOUSLY ISSUED TO PARTY - REQUEST FOR ISSUANCE OF SUMMONS as to Pierre Fabre USA, Inc., CVS Health Corporation, Quickframe, Inc., Ulta Salon, Cosmetics & Fragrance, Inc., and Walmart, Inc., re: #9 Amended Complaint,. Document filed by Patty Ratermann..(Burroughs, Scott) Modified on 2/4/2022 (pc).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Scott Alan Burroughs to RE-FILE Document No. #10 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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Filing 9
FIRST AMENDED COMPLAINT amending #1 Complaint, against CVS Health Corporation, Does 1 Through 10, Pierre Fabre USA, Inc., QuickFrame, Inc., Ulta Salon, Cosmetics & Fragrance, Inc., Walmart, Inc. with JURY DEMAND.Document filed by Patty Ratermann. Related document: #1 Complaint,..(Burroughs, Scott)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to CVS Health Corporation, DermaHealth Dermatology, PLLC, Pierre Fabre USA, Inc., QuickFrame, Inc., Sephora USA, Inc., Theme Technologies LLC, Ulta Salon, Cosmetics & Fragrance, Inc., Walmart, Inc., Who Stole The Tarts, LLC..(pc)
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Filing 7
ORDER, It is hereby ORDERED that, on or before February 3, 2022, the Plaintiff shall amend her Complaint to properly allege the citizenship of every constituent person or entity comprising the Defendant LLCs as well as the citizenship of all Defendant corporations. If, by that date, the Plaintiff is unable to amend the Complaint to truthfully allege complete diversity of citizenship, then the Complaint will be dismissed for lack of subject matter jurisdiction without further notice to either party. SO ORDERED. ( Amended Pleadings due by 2/3/2022.) (Signed by Judge Jesse M. Furman on 1/13/22) (yv)
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on March 30, 2022 at 3:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://www.nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Additionally, in accordance with Paragraph 2.D of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 3/30/2022 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 1/13/22) (yv)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to PIERRE FABRE USA, INC.; CVS HEALTH CORPORATION; QUICKFRAME, INC.; ULTA SALON, COSMETICS & FRAGRANCE, INC.; WALMART, INC.; WHO STOLE THE TARTS, LLC; DERMAHEALTH DERMATOLOGY, PLLC; SEPHORA USA, INC.; THEME TECHNOLOGIES LLC, re: #1 Complaint,. Document filed by Patty Ratermann..(Burroughs, Scott)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Scott Alan Burroughs. The following case opening statistical information was erroneously selected/entered: Cause of Action code 09:203 Jurisdiction; amount in controversy. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332 Diversity Action. (vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Scott Alan Burroughs. The party information for the following party/parties has been modified: CVS Health Corporation, DermaHealth Dermatology, PLLC, Does 1 Through 10, Pierre Fabre USA, Inc., QuickFrame, Inc., Sephora USA, Inc., Theme Technologies LLC, Ulta Salon, Cosmetics & Fragrance, Inc., Walmart, Inc., Who Stole The Tarts, LLC, Patty Ratermann.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted. (vf)
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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. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Scott Alan Burroughs to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Attach summons PDF Form only. 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. (vf)
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Filing 4
FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to PIERRE FABRE USA, INC.; CVS HEALTH CORPORATION; QUICKFRAME, INC.; ULTA SALON, COSMETICS & FRAGRANCE, INC.; WALMART, INC.; WHO STOLE THE TARTS, LLC; DERMAHEALTH DERMATOLOGY, PLLC; SEPHORA USA, INC.; THEME TECHNOLOGIES LLC, re: #1 Complaint,. Document filed by Patty Ratermann..(Burroughs, Scott) Modified on 1/13/2022 (vf).
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Patty Ratermann..(Burroughs, Scott)
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Filing 2
CIVIL COVER SHEET filed..(Burroughs, Scott)
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Filing 1
COMPLAINT against CVS Health Corporation, DermaHealth Dermatology, PLLC, Does 1 Through 10, Pierre Fabre USA, Inc., QuickFrame, Inc., Sephora USA, Inc., Theme Technologies LLC, Ulta Salon, Cosmetics & Fragrance, Inc., Walmart, Inc., Who Stole The Tarts, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25580181)Document filed by Patty Ratermann..(Burroughs, Scott)
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