Eshelby v. LOreal USA, Inc.
| Veronica Eshelby |
| LOreal USA, Inc. |
| 1:2022cv01396 |
| February 18, 2022 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Contract Product Liability |
| 28 U.S.C. § 1332 ct Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 44 CLERK'S JUDGMENT re: #43 Order. in favor of L'Oreal USA, Inc. against Veronica Eshelby. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 27, 2023, L'Oreal's motion to dismiss is GRANTED and Eshelby's request for leave to amend the complaint is DENIED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 03/27/2023) (Attachments: #1 Notice of Right to appeal) (nd) |
Filing 43
ORDER: For the foregoing reasons, L'Oral's motion to dismiss is GRANTED and Eshelby's request for leave to amend the complaint is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 35 and close the case. SO ORDERED. (Signed by Judge Analisa Torres on 3/27/2023) (ks) Transmission to Orders and Judgments Clerk for processing.
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| Filing 42 RESPONSE in Support of Motion re: #35 MOTION to Dismiss Notice of Motion and Motion to Dismiss. . Document filed by LOreal USA, Inc...(Mayhew, Thomas) |
| Filing 41 RESPONSE in Opposition to Motion re: #35 MOTION to Dismiss Notice of Motion and Motion to Dismiss. . Document filed by Veronica Eshelby. (Attachments: #1 Affidavit of Christin Cho).(Cho, Christin) |
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Filing 40
ORDER granting #39 Letter Motion for Extension of Time to File Response/Reply addressed to Judge Analisa Torres from Christin Cho dated 6/8/2022. GRANTED. SO ORDERED. Responses due by 6/21/2022 Replies due by 7/12/2022. (Signed by Judge Analisa Torres on 6/8/2022) (vfr)
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| Filing 39 SECOND LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Analisa Torres from Christin Cho dated 6/8/2022. Document filed by Veronica Eshelby..(Cho, Christin) |
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Filing 38
ORDER granting #34 Letter Motion for Extension of Time to File Response/Reply re #34 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Analisa Torres from Christin Cho dated 5/23/2022. GRANTED. SO ORDERED. Responses due by 6/14/2022 Replies due by 6/28/2022. (Signed by Judge Analisa Torres on 5/24/2022) (vfr)
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| Filing 37 DECLARATION of Michelle Kao in Support re: #35 MOTION to Dismiss Notice of Motion and Motion to Dismiss.. Document filed by LOreal USA, Inc.. (Attachments: #1 Exhibit A to Declaration of Michelle Kao in Support of Defendant's Motion to Dismiss, #2 Exhibit B to Declaration of Michelle Kao in Support of Defendant's Motion to Dismiss, #3 Exhibit Exhibits C-D to Declaration of Michelle Kao to Defendant's Motion to Dismiss).(Mayhew, Thomas) |
| Filing 36 MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss Notice of Motion and Motion to Dismiss. . Document filed by LOreal USA, Inc...(Mayhew, Thomas) |
| Filing 35 MOTION to Dismiss Notice of Motion and Motion to Dismiss. Document filed by LOreal USA, Inc...(Mayhew, Thomas) |
| Filing 34 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Analisa Torres from Christin Cho dated 5/23/2022. Document filed by Veronica Eshelby..(Cho, Christin) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Thomas Mayhew to RE-FILE Document #33 MOTION to Dismiss L'Oreal USA, Inc.'s Notice of Motion and Motion to Dismiss.. ERROR(S): Use the event type MEMORANDUM OF LAW in Support and Declaration in Support of Motion are found under the event list Replies, Opposition and Supporting Documents. (kj) |
| Filing 33 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss L'Oreal USA, Inc.'s Notice of Motion and Motion to Dismiss. Document filed by LOreal USA, Inc.. (Attachments: #1 Affidavit Declaration of Michelle Kao in Support of Defendant L'oreal USA, Inc.'s Motion to Dismiss, #2 Exhibit A to Michelle Kao's Declaration in Support of Defendant's Motion to Dismiss, #3 Exhibit B to Michelle Kao's Declaration in Support of Defendant's Motion to Dismiss, #4 Exhibit Exhibits C-D to Michelle Kao's Declaration to Defendant's Motion to Dismiss).(Mayhew, Thomas) Modified on 5/23/2022 (kj). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Thomas B. Mayhew to RE-FILE Document #30 MOTION to Dismiss L'Oreal USA, Inc.'s Notice of Motion and Motion to Dismiss. ERROR(S): Supporting documents are filed separately, each receiving their own document #. (db) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Thomas B. Mayhew to RE-FILE Document #31 MOTION to Dismiss Declaration of Michelle Kao in Support of Defendant L'Oreal USA, Inc.'s Motion to Dismiss. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db) |
| Filing 32 NOTICE of Request for Judicial Notice re: #30 MOTION to Dismiss L'Oreal USA, Inc.'s Notice of Motion and Motion to Dismiss.. Document filed by LOreal USA, Inc...(Mayhew, Thomas) |
| Filing 31 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Declaration of Michelle Kao in Support of Defendant L'Oreal USA, Inc.'s Motion to Dismiss. Document filed by LOreal USA, Inc. (Attachments: #1 Exhibit A to Declaration of Michelle Kao in Support of Defendant's Motion to Dismiss, #2 Exhibit B to Declaration of Michelle Kao in Support of Defendant's Motion to Dismiss, #3 Exhibit C-D to Declaration of Michelle Kao in Support of Defendant's Motion to Dismiss).(Mayhew, Thomas) Modified on 5/20/2022 (db). |
| Filing 30 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss L'Oreal USA, Inc.'s Notice of Motion and Motion to Dismiss. Document filed by LOreal USA, Inc...(Mayhew, Thomas) Modified on 5/20/2022 (db). |
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Filing 29
MEMO ENDORSEMENT on re: #28 Letter filed by LOreal USA, Inc. ENDORSEMENT: GRANTED in part, DENIED in part. The parties shall submit their joint letter and proposed case management plan within thirty days of the Court issuing an opinion on Defendant's contemplated motion to dismiss. The Court will then issue a scheduling order in due course. (Signed by Judge Analisa Torres on 4/19/2022) (rro)
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| Filing 28 LETTER addressed to Judge Analisa Torres from Thomas B. Mayhew dated April 14, 2022 re: Letter Requesting Stay of Pretrial Conference Deadlines. Document filed by LOreal USA, Inc...(Mayhew, Thomas) |
| Filing 27 JOINT LETTER addressed to Judge Analisa Torres from Michelle Kao dated April 14, 2022 re: Joint Letter Declining Consent to Proceed Before a Magistrate Judge. Document filed by LOreal USA, Inc...(Kao, Michelle) |
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Filing 26
ORDER re: #25 Letter filed by Veronica Eshelby, #22 Letter filed by LOreal USA, Inc.. Accordingly: 1. Defendant's request to file a motion to dismiss is GRANTED; 2. By May 16, 2022, Defendant shall file its motion to dismiss; 3. By June 6, 2022, Plaintiff shall file her opposition papers; and 4. By June 20, 2022, Defendant shall file its reply, if any. SO ORDERED. (Motions due by 5/16/2022., Responses due by 6/6/2022, Replies due by 6/20/2022.) (Signed by Judge Analisa Torres on 4/11/2022) (kv)
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| Filing 25 LETTER addressed to Judge Analisa Torres from Christin Cho dated April 8, 2022 re: Response to Defendant's 4/1/22 Letter on Motion to Dismiss. Document filed by Veronica Eshelby..(Cho, Christin) |
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Filing 24
ORDER granting #23 Motion for Thomas Bradley Mayhew to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (JB)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Thomas Bradley Mayhew 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. (vba) |
| Filing 23 MOTION for Thomas Bradley Mayhew to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by LOreal USA, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Affidavit In Support of Motion for Admission Pro Hac Vice, #3 Order for Admission for Pro Hac Vice).(Mayhew, Thomas) |
| Filing 22 LETTER addressed to Judge Analisa Torres from Michelle Kao dated April 1, 2022 re: Pre-Motion Conference Letter Regarding Anticipated Motion to Dismiss. Document filed by LOreal USA, Inc...(Kao, Michelle) |
| Filing 21 FIRST AMENDED COMPLAINT amending #1 Complaint against LOreal USA, Inc. with JURY DEMAND.Document filed by Veronica Eshelby. Related document: #1 Complaint..(Cho, Christin) |
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Filing 20
STIPULATION AND ORDER RE AMENDED COMPLAINT: Plaintiff filed her complaint on February 18, 2022, which was served on L'Oreal on February 23, 2022. L'Oreal's response to the complaint is presently due March 16, 2022. However, Plaintiffs intend to file an amended complaint by March 23, 2022. Therefore, the Parties stipulate and agree: 1. Plaintiff has stated her intent to amend her complaint by March 23, 2022. L'Oreal does not oppose Plaintiffs amendment. 2. L'Oreal's response, whether by answer or pre-motion letter to the complaint or amended complaint, is due 10 business days after the filing of the amended complaint. 3. L'Oreal does not waive any arguments or defenses that otherwise could be asserted in its response, whether by answer or motion. SO ORDERED. (Amended Pleadings due by 3/23/2022.) (Signed by Judge Analisa Torres on 3/18/2022) (jca)
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Filing 19
ORDER granting #14 Motion for Michelle Kao to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (JB)
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #17 MOTION for Thomas Bradley Mayhew to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25872378. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of California;. 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) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Michelle Kao 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) |
| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent L'Oreal S.A. for LOreal USA, Inc.. Document filed by LOreal USA, Inc...(Mayhew, Thomas) |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Thomas Bradley Mayhew to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25872378. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by LOreal USA, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Affidavit In Support of Motion for Admission Pro Hac Vice, #3 Order for Admission for Pro Hac Vice).(Mayhew, Thomas) Modified on 3/17/2022 (aea). |
| Filing 16 PROPOSED ORDER. Document filed by LOreal USA, Inc.. Related Document Number: #15 ..(Kao, Michelle) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by LOreal USA, Inc...(Kao, Michelle) |
| Filing 14 MOTION for Michelle Kao to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by LOreal USA, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Affidavit In Support of Motion for Admission Pro Hac Vice, #3 Order for Admission for Pro Hac Vice).(Kao, Michelle) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #16 Proposed Order was reviewed and approved as to form. (km) |
| Pro Hac Vice Fee Payment: for #14 MOTION for Michelle Kao to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-25870465..(Kao, Michelle) |
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Filing 13
ORDER granting #12 Motion for Christin Cho to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (JB)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Christin Cho to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25806481. 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 Christin Cho to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25806481. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Veronica Eshelby. (Attachments: #1 Supplement Declaration, #2 Text of Proposed Order, #3 Supplement Certificate of Good Standing).(Cho, Christin) |
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Filing 11
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 2/23/2022) (kv)
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Filing 10
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by April 19, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 2/23/2022) (kv)
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Filing 9
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 2/23/2022) (kv)
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Filing 8
ORDER granting #5 Motion for Simon Franzini to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (JB)
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Filing 7
ORDER granting #4 Motion for Jonas Jacobson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (JB)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to LOreal USA, Inc.. (sj) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Simon Franzini to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25754782. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for Jonas Jacobson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25754715. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christin Kyungsik Cho. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(sj) |
| Magistrate Judge Barbara C. Moses 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 5 MOTION for Simon Franzini to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25754782. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Veronica Eshelby. (Attachments: #1 Supplement Declaration, #2 Text of Proposed Order, #3 Supplement Certificate of Good Standing).(Franzini, Simon) |
| Filing 4 MOTION for Jonas Jacobson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25754715. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Veronica Eshelby. (Attachments: #1 Supplement Declaration, #2 Text of Proposed Order, #3 Supplement Certificate of Good Standing).(Jacobson, Jonas) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to L'Oreal USA, Inc., re: #1 Complaint. Document filed by Veronica Eshelby..(Cho, Christin) |
| Filing 2 CIVIL COVER SHEET filed..(Cho, Christin) |
| Filing 1 COMPLAINT against LOreal USA, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25754434)Document filed by Veronica Eshelby..(Cho, Christin) |
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| Plaintiff: Veronica Eshelby | |
| Represented By: | Jonas Bram Jacobson |
| Represented By: | Simon Carlo Franzini |
| Represented By: | Christin Kyungsik Cho |
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| Defendant: LOreal USA, Inc. | |
| Represented By: | Thomas B. Mayhew |
| Represented By: | Michelle Kao |
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