Marrero v. The Laundress, LLC et al
| Maria Elena Marrero |
| The Laundress, LLC and Conopoc, Inc. a New Jersey Corporation doing business as Unilever Home & Personal Care USA |
| 1:2024cv00814 |
| February 5, 2024 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Tort Product Liability |
| 28 U.S.C. § 1332 pl Diversity-Product Liability |
| Plaintiff |
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Filing 31
CONSOLIDATION ORDER. In light of counsel's views, and the factual and legal similarities among all three cases, the cases are hereby CONSOLIDATED, at least for purposes of discovery, but the cases will proceed on separate tracks (at least through resolution of any motions to dismiss). Counsel in Safran and Marrero shall confer and, no later than March 1, 2024, file a joint letter proposing steps to minimize or eliminate duplicative and redundant briefing in connection with the anticipated motions to dismiss in those cases. Unless and until the Court orders otherwise, Defendants in those two cases shall file a single, consolidated motion to dismiss the two complaints no later than March 29, 2024; Plaintiffs shall file a single, consolidated opposition no later than April 19, 2024; and Defendants shall file a single, consolidated reply no later than May 3, 2024. (To the extent that any party objects to the Court's order to file consolidated briefing, it shall explain the reasons in the joint letter referenced above.) The Clerk of the Court is directed to consolidate these cases under the lead case, ECF No. 22-CV-10667, and to close 24-CV-814 and 24-CV-865. All future filings shall be on the 22-CV-10667 [the lead case] docket alone. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/21/24) Filed In Associated Cases: 1:22-cv-10667-JMF, 1:24-cv-00814-JMF, 1:24-cv-00865-JMF (yv)
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| CONSOLIDATED MEMBER CASE: Create association to 1:22-cv-10667-JMF. (yv) |
| Filing 30 JOINT LETTER addressed to Judge Jesse M. Furman from Ronald Y. Rothstein dated February 20, 2024 re: Order dated February 6, 2024. Document filed by Conopoc, Inc., The Laundress, LLC..(Rothstein, Ronald) |
| Filing 29 NOTICE OF APPEARANCE by Randi Alyson Kassan on behalf of Maria Elena Marrero..(Kassan, Randi) |
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Filing 28
ORDER denying as moot #11 Motion to Stay: The motion sought a stay only if the the United States District Court for the Middle District of Florida "rule[d] against a transfer." ECF No. #11 , at 15 (capitalization altered). Because the case has since been transferred, the request for a stay is thus moot. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 27
ORDER On February 5, 2024, Case No. 24-CV-814 was transferred from the Middle District of Florida to the Southern District of New York and accepted as related to 22-CV-10667. ECF No. 26. The Court is inclined to consolidate the cases pursuant to Rule 42 of the Federal Rules of Civil Procedure for all purposes. Any party who objects to such consolidation shall file a letter brief, not to exceed three single-spaced pages, by February 20, 2024. If no party files a letter opposing consolidation, the Court will consolidate the two cases without further notice to the parties. In either case, all parties shall file a joint letter, no later than the same date, indicating their views on the next steps in 24-CV-814 given the posture of the other cases. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/6/2024) (jca)
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| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-10667-JMF. Notice of Assignment to follow. (vba) |
| Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. 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. (vba) |
| Filing 26 CASE TRANSFERRED IN from the United States District Court - District of Florida Middle; Case Number: 2:23-cv-00519. Original file certified copy of transfer order and docket entries received. |
| CASE REFERRED TO Judge Jesse M. Furman as possibly related to 1:22-cv-10667-JMF. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| Case Designated ECF. (vba) |
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Filing 25
ORDER granting in part #11 Defendants' Motion to Transfer Venue or, in the Alternative, Stay. The Motion is granted insofar as it requests a transfer of this case to the Southern District of New York. Any further or alternative relief requested in the Motion is DENIED. The Clerk of Court is DIRECTED to TRANSFER this case to the United States District Court for the Southern District of New York. The Clerk of Court is DIRECTED to terminate all pending deadlines, deny any pending motions as moot, and close this file. Signed by Judge John L. Badalamenti on 1/26/2024. (AMB) [Transferred from Florida Middle on 2/5/2024.]
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Filing 24
ENDORSED ORDER directing the Clerk to strike #23 Stipulation Between the Parties Regarding the Preservation and Destruction of Product as improperly filed discovery material. See Fed. R. Civ. P. 5(d)(1)(A); Middle District Discovery Handbook (2021) at Section I.C.1. Signed by Magistrate Judge Kyle C. Dudek on 11/15/2023. (BLW) [Transferred from Florida Middle on 2/5/2024.]
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| Filing 23 STRICKEN PER ORDER 24. STIPULATION Between the Parties Regarding the Preservation and Destruction of Product by Conopoc, Inc., The Laundress, LLC. (Attachments: #1 Declaration of Dr. Duane Steffey in Support of Agreed Motion)(Rothstein, Ronald) Modified on 11/15/2023 (HAI). [Transferred from Florida Middle on 2/5/2024.] |
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Filing 22
ENDORSED ORDER denying without prejudice #20 Agreed Motion Regarding the Destruction and Preservation of Product for failure to comply with Local Rule 3.01(a) as it includes no legal memorandum supporting the motion. And it isn't clear why the Court must approve the parties' agreement with respect to the preservation and destruction of product as the Civil Action Order provides, "the court does not adopt or endorse... discovery agreements as protective orders, but the court will enforce reasonable provisions of such agreements." (Doc. 5 at 4-5.). Signed by Magistrate Judge Kyle C. Dudek on 11/1/2023. (BLW) [Transferred from Florida Middle on 2/5/2024.]
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| Filing 21 NOTICE TO COUNSEL Lisa M. Coutu of Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; (Signed by Deputy Clerk). (BD) [Transferred from Florida Middle on 2/5/2024.] |
| Filing 20 AGREED MOTION Regarding the Preservation and Destruction of Product by Conopoc, Inc., The Laundress, LLC. (Attachments: #1 Declaration of Dr. Duane Steffey, #2 Exhibit 1 - Curriculum vitae)(Rothstein, Ronald) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 11/1/2023 (BD). [Transferred from Florida Middle on 2/5/2024.] |
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Filing 19
ENDORSED ORDER granting #18 Motion to Continue. The preliminary pretrial conference scheduled for 9/18/23 is hereby cancelled. The Court will reset the same following a ruling on Defendant's Motion to Change Venue (Doc. 11). The parties are further directed to file a joint status report within 3 days after the Court's ruling on Doc. 11 to advise whether a preliminary pretrial conference remains necessary. Signed by Magistrate Judge Kyle C. Dudek on 9/11/2023. (Dudek, Kyle) [Transferred from Florida Middle on 2/5/2024.]
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| Filing 18 Joint MOTION to Continue the Deadlines for the Parties to Conduct Rule 26(F) Conference, to File the Case Management Report, and the Preliminary Pretrial Conference by Conopoc, Inc., The Laundress, LLC. (Kessler, Jared) Motions referred to Magistrate Judge Kyle C. Dudek. [Transferred from Florida Middle on 2/5/2024.] |
| Filing 17 REPLY to Response to Motion re #11 MOTION to Change Venue / Transfer Case to the Southern District of New York, or in the Alternative MOTION to Stay filed by The Laundress, LLC. (Kessler, Jared) [Transferred from Florida Middle on 2/5/2024.] |
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Filing 16
TEXT ORDER granting #15 Defendants' Motion for Leave to File a Reply in Support of Motion to Transfer Venue. Due to the nature of the requested relief, the Court finds good cause to rule on the instant motion without awaiting a response from Plaintiff. The Court also finds good cause to grant the requested relief. Thus, no later than 9/8/2023, Defendants may file a reply in further support of their motion to transfer venue, (Doc. #11 ), of no more than five (5) pages excluding the case caption and signature block. Signed by Judge John L. Badalamenti on 9/5/2023. (WJF) [Transferred from Florida Middle on 2/5/2024.]
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| Filing 15 MOTION for Leave to File a Reply in Support of #11 Motion to Transfer Venue by Conopoc, Inc., The Laundress, LLC. (Kessler, Jared) (Modified on 8/29/2023 to edit docket text) (JDR). [Transferred from Florida Middle on 2/5/2024.] |
| Filing 14 RESPONSE in Opposition re #11 MOTION to Change Venue / Transfer Case to the Southern District of New York, or in the Alternative MOTION to Stay filed by Maria Elena Marrero. (Attachments: #1 Exhibit 1 - Affidavit of Lisa Ann Gorshe, Esq., #2 Exhibit 2 - CPSC Recall, #3 Exhibit 3 - Consolidated Complaint, #4 Exhibit 4 - Sites Complaint)(Gorshe, Lisa) [Transferred from Florida Middle on 2/5/2024.] |
| Filing 13 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Preliminary Pretrial Conference hearing previously scheduled for 9/18/23 at 9:45 AM is rescheduled. New hearing time: Preliminary Pretrial Conference set for 9/18/2023 at 10:00 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 9/8/2023. Zoom instructions will be sent via separate email to counsel of record. (CGW) [Transferred from Florida Middle on 2/5/2024.] |
| Filing 12 NOTICE of hearing: Preliminary Pretrial Conference set for 9/18/2023 at 09:45 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 9/8/2023. Zoom instructions will be sent via separate email to counsel of record. (CGW) [Transferred from Florida Middle on 2/5/2024.] |
| Filing 11 MOTION to Change Venue / Transfer Case to the Southern District of New York, or in the Alternative, MOTION to Stay by Conopoc, Inc., The Laundress, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Kessler, Jared) [Transferred from Florida Middle on 2/5/2024.] |
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Filing 10
ENDORSED ORDER granting in part and denying in part #7 Motion for Extension of Time to Answer. Given the motion is unopposed, and the Court otherwise finding good cause, the deadline to answer the complaint is extended until the later of the following: (1) if Defendants' the motion to transfer is denied, 14 days following the Court's order on the motion to transfer, or (2) if the motion is granted, a time set by the transferee court. Defendants' must file their motion to transfer on or before August 8, 2023. Defendants' motion is denied to the extent is seeks any relief different than above. Signed by Magistrate Judge Kyle C. Dudek on 7/31/2023. (Dudek, Kyle) [Transferred from Florida Middle on 2/5/2024.]
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Filing 9
ENDORSED ORDER granting #8 Motion for Ronald Y. Rothstein to specially appear to represent Defendants, which complies with Local Rule 2.01(c). Unless non-resident attorney Rothstein already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 7/31/2023. (BLW) [Transferred from Florida Middle on 2/5/2024.]
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| Filing 8 Unopposed MOTION for Ronald Y. Rothstein to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21097722 for $150 by Conopoc, Inc., The Laundress, LLC. (Kessler, Jared) Motions referred to Magistrate Judge Kyle C. Dudek. [Transferred from Florida Middle on 2/5/2024.] |
| Filing 7 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Conopoc, Inc., The Laundress, LLC. (Kessler, Jared) Motions referred to Magistrate Judge Kyle C. Dudek. [Transferred from Florida Middle on 2/5/2024.] |
| Filing 6 RETURN of service executed on 07/18/2023 by Maria Elena Marrero as to Conopoc, Inc.. (Gorshe, Lisa) [Transferred from Florida Middle on 2/5/2024.] |
| Filing 5 CIVIL Action Order. Signed by All Divisional Judges on 7/17/2023. (CGW) [Transferred from Florida Middle on 2/5/2024.] |
| Filing 4 CORPORATE Disclosure Statement by Maria Elena Marrero. (Gorshe, Lisa) [Transferred from Florida Middle on 2/5/2024.] |
| Filing 3 SUMMONS issued as to Conopoc, Inc., The Laundress, LLC. (LSS) [Transferred from Florida Middle on 2/5/2024.] |
| Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-519-JLB-KCD. (ABC) [Transferred from Florida Middle on 2/5/2024.] |
| Filing 1 COMPLAINT against Conopoc, Inc., The Laundress, LLC with Jury Demand (Filing fee $402 receipt number AFLMDC-21039341) filed by Maria Elena Marrero. (Attachments: #1 Exhibit A - Recall Notice, #2 Civil Cover Sheet Civil Cover Sheet, #3 Proposed Summons The Laundress, LLC, #4 Proposed Summons Conopco Inc.)(Gorshe, Lisa) [Transferred from Florida Middle on 2/5/2024.] |
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