Gardner v. Sensio Inc.
Plaintiff: Cristen Gardner
Defendant: Sensio Inc.
Case Number: 1:2022cv04666
Filed: June 3, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Denise L Cote
Nature of Suit: Contract: Other
Cause of Action: 15 U.S.C. § 2301 Magnuson-Moss Warranty Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2022 Opinion or Order Filing 32 CLERK'S JUDGMENT re: #31 Opinion & Order. in favor of Sensio Inc. against Cristen Gardner.It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated December 13, 2022, Defendant's motion to dismiss the First Amended Complaint is GRANTED; accordingly, the case is closed. (Signed by Judge Denise L. Cote on 12/13/2022) (Attachments: #1 Notice of Right to appeal) (nd)
December 12, 2022 Opinion or Order Filing 31 OPINION AND ORDER re: #21 MOTION to Dismiss Amended Class Action Complaint, or in the Alternative, Motion To Strike Nationwide Class Allegations filed by Sensio Inc. The defendant's August 31 motion to dismiss the FAC is granted. (Signed by Judge Denise L. Cote on 12/12/2022) (vfr) Transmission to Orders and Judgments Clerk for processing.
December 9, 2022 Opinion or Order Filing 30 ORDER granting #29 Motion for Marie Noel Appel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh)
December 9, 2022 Opinion or Order Pro Hac Vice Fee Paid electronically via Pay.gov: for #29 MOTION for Marie Noel Appel to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00. Pay.gov receipt number ANYSDC-27057409, paid on 12/7/2022. (sac)
December 9, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Marie Noel Appel 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. (sac)
December 8, 2022 Opinion or Order Filing 29 MOTION for Marie Noel Appel to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cristen Gardner. (Attachments: #1 Affidavit In Support of Motion, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Appel, Marie)
October 18, 2022 Opinion or Order Filing 28 NOTICE OF APPEARANCE by Niraj Jayant Parekh on behalf of Sensio Inc...(Parekh, Niraj)
October 7, 2022 Opinion or Order Filing 27 REPLY MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss Amended Class Action Complaint, or in the Alternative, Motion To Strike Nationwide Class Allegations. . Document filed by Sensio Inc...(Dioguardi, Francesca)
September 24, 2022 Opinion or Order Filing 26 MEMORANDUM OF LAW in Opposition re: #21 MOTION to Dismiss Amended Class Action Complaint, or in the Alternative, Motion To Strike Nationwide Class Allegations. CORRECTED VERSION. Document filed by Cristen Gardner..(Ram, Michael)
September 23, 2022 Opinion or Order Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#26) MEMORANDUM OF LAW in Opposition re: #21 MOTION to Dismiss Amended Class Action Complaint, or in the Alternative, Motion To Strike Nationwide Class Allegations. . Document filed by Cristen Gardner..(Ram, Michael) Modified on 9/26/2022 (lb).
September 23, 2022 Opinion or Order Filing 24 ORDER: As set forth at the conference, it is hereby ORDERED that, in the event that defendant's August 31 motion to dismiss is denied in whole or in part, the deadline for joinder of additional parties shall be thirty (30) days after the decision on the motion to dismiss. IT IS FURTHER ORDERED that if plaintiff makes a motion for class certification in this case, any expert submissions in support of or in opposition to such a motion shall be in the form of a Rule 26 report. IT IS FURTHER ORDERED that if a class is certified, expert discovery may continue after the decision on class certification if such discovery remains appropriate given any outstanding issues in the case. (Signed by Judge Denise L. Cote on 9/23/2022) (vfr)
September 23, 2022 Opinion or Order Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 9/23/2022. (jwh)
September 21, 2022 Opinion or Order Filing 23 JOINT PRE-CONFERENCE STATEMENT PROPOSED SCHEDULE FOR MOTIONS AND DISCOVERY. Document filed by Cristen Gardner..(Ram, Michael)
September 1, 2022 Opinion or Order Filing 22 ORDER denying as moot #15 Motion to Dismiss; with respect to #21 Motion to Dismiss. It is hereby ORDERED that the defendant's July 29 motion is dismissed as moot. IT IS FURTHER ORDERED that the plaintiff shall serve any opposition to the motion to dismiss by September 23, 2022. Defendant's reply, if any, shall be served by October 7. At the time any reply is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York.. (Signed by Judge Denise L. Cote on 9/1/2022) (kv)
August 31, 2022 Opinion or Order Filing 21 MOTION to Dismiss Amended Class Action Complaint, or in the Alternative, Motion To Strike Nationwide Class Allegations. Document filed by Sensio Inc.. Responses due by 9/14/2022 (Attachments: #1 Supplement Memorandum of Law in Support of Defendant's Motion to Dismiss Plaintiff's Amended Class Action Complaint, or in the Alternative, Strike the Nationwide Class Allegations, #2 Affidavit Declaration of Francesca Dioguardi in Support of Defendant's Motion to Dismiss, #3 Exhibit 1 to Dioguardi Declaration, #4 Exhibit 2 to Dioguardi Declaration, #5 Exhibit 3 to Dioguardi Declaration, #6 Exhibit 4 to Dioguardi Declaration, #7 Exhibit 5 to Dioguardi Declaration, #8 Exhibit 6 to Dioguardi Declaration).(Dioguardi, Francesca)
August 19, 2022 Opinion or Order Filing 20 AMENDED COMPLAINT amending #1 Complaint, against Sensio Inc. with JURY DEMAND.Document filed by Cristen Gardner. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Sedgh, Jonathan)
August 4, 2022 Opinion or Order Filing 19 ORDER granting #18 Letter Motion to Adjourn Conference. The August 11, 2022 initial pretrial conference is rescheduled to September 23, 2022 at 2:00 p.m. So ordered. Initial Conference set for 9/23/2022 at 2:00 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 8/4/2022) (vfr)
August 3, 2022 Opinion or Order Filing 18 JOINT LETTER MOTION to Adjourn Conference addressed to Judge Denise L. Cote from Marie N. Appel dated 08/03/2022. Document filed by Cristen Gardner..(Ram, Michael)
August 1, 2022 Opinion or Order Filing 17 ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by August 19, 2022. It is unlikely that plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, plaintiff shall file any opposition to the motion to dismiss by August 19, 2022. Defendant's reply, if any, shall be filed by September 2, 2022. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. ( Amended Pleadings due by 8/19/2022., Responses due by 8/19/2022, Replies due by 9/2/2022.) (Signed by Judge Denise L. Cote on 8/1/2022) (vfr)
July 29, 2022 Opinion or Order Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sensio Inc...(Dioguardi, Francesca)
July 29, 2022 Opinion or Order Filing 15 MOTION to Dismiss Class Action Complaint, or in the Alternative, Motion To Strike Nationwide Class Allegations. Document filed by Sensio Inc.. Responses due by 8/12/2022 (Attachments: #1 Supplement Memorandum of Law in Support of Defendant's Motion to Dismiss Plaintiff's Class Action Complaint, or in the Alternative, Strike the Nationwide Class Allegations, #2 Affidavit Declaration of Francesca Dioguardi in Support of Defendant's Motion to Dismiss, #3 Exhibit 1 to Dioguardi Declaration, #4 Exhibit 2 to Dioguardi Declaration, #5 Exhibit 3 to Dioguardi Declaration, #6 Exhibit 4 to Dioguardi Declaration).(Dioguardi, Francesca)
July 29, 2022 Opinion or Order Filing 14 ORDER granting #12 Motion for Ryan D. Saba to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh)
July 29, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Ryan D. Saba 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. (sgz)
July 28, 2022 Opinion or Order Filing 13 ORDER granting #11 Motion for Francesca Dioguardi to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh)
July 28, 2022 Opinion or Order Filing 12 MOTION for Ryan D. Saba to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sensio Inc.. (Attachments: #1 Affidavit of Ryan Saba, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Saba, Ryan)
July 28, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Francesca Dioguardi 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. (sgz)
July 27, 2022 Opinion or Order Filing 11 MOTION for Francesca Dioguardi to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sensio Inc.. (Attachments: #1 Affidavit of Francesca Dioguardi in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of the Clerk of the Supreme Court of California of Good Standing for Francesca Dioguardi, #3 Text of Proposed Order Admission Pro Hac Vice).(Dioguardi, Francesca)
July 27, 2022 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #9 MOTION for Ryan D. Saba to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26461932. 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; Affidavit Not Notarized; 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. (sgz)
July 27, 2022 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #10 MOTION for Francesca Dioguardi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-26466250. 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 California 415-865-7000; Affidavit Not Notarized; 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. (sgz)
July 26, 2022 Opinion or Order Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Francesca Dioguardi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-26466250. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sensio Inc.. (Attachments: #1 Affidavit of Francesca Dioguardi in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Standing for Francesca Dioguardi, #3 Text of Proposed Order Admission Pro Hac Vice).(Dioguardi, Francesca) Modified on 7/27/2022 (sgz).
July 26, 2022 Opinion or Order Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ryan D. Saba to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26461932. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sensio Inc.. (Attachments: #1 Affidavit of Ryan Saba, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Saba, Ryan) Modified on 7/27/2022 (sgz).
June 27, 2022 Opinion or Order Filing 8 AFFIDAVIT OF SERVICE. Sensio Inc. served on 6/17/2022, answer due 7/8/2022. Service was accepted by Vincenza Cipriano. Document filed by Cristen Gardner..(Sedgh, Jonathan)
June 14, 2022 Opinion or Order Filing 7 ORDER granting #5 Motion for Michael Francis Ram to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh)
June 14, 2022 Opinion or Order Filing 6 ELECTRONIC SUMMONS ISSUED as to Sensio Inc...(lal)
June 14, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Michael Francis Ram to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26277345. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
June 13, 2022 Opinion or Order Filing 5 MOTION for Michael Francis Ram to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26277345. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cristen Gardner. (Attachments: #1 Affidavit Michael Ram, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Ram, Michael)
June 13, 2022 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Sensio, Inc, re: #1 Complaint,. Document filed by Cristen Gardner..(Sedgh, Jonathan)
June 13, 2022 Opinion or Order Filing 3 NOTICE OF INITIAL PRETRIAL CONFERENCE: DATE OF CONFERENCE: August 11, 2022 AT 3:30 P.M. The parties shall use the following dial-in credentials for the conference. Dial-in: 888-363-4749. Access code: 4324948. The parties shall use a landline if one is available. Initial Conference set for 8/11/2022 at 03:30 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 6/13/2022) (ate)
June 7, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan M. Sedgh. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc)
June 7, 2022 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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..(pc)
June 7, 2022 Opinion or Order Magistrate Judge James L. Cott 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. (pc)
June 7, 2022 Opinion or Order Case Designated ECF. (pc)
June 6, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Sedgh, Jonathan)
June 6, 2022 Opinion or Order Filing 1 COMPLAINT against Sensio Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26243121)Document filed by Cristen Gardner. (Attachments: #1 Exhibit Exh A - Ashley v Bella Complaint, #2 Exhibit Exh B - Bella Manual/Warranty, #3 Exhibit Exh C - Notice of Breach of Warranty).(Sedgh, Jonathan)
June 6, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Jonathan M. Sedgh. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf)
June 6, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Jonathan M. Sedgh to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 6/13/2022. (vf)

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Plaintiff: Cristen Gardner
Represented By: Jonathan M. Sedgh
Represented By: Michael Ram
Represented By: Marie Noel Appel
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Defendant: Sensio Inc.
Represented By: Ryan Donald Saba
Represented By: Francesca Noel Dioguardi
Represented By: Niraj Jayant Parekh
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