David Safran v. The Laundress LLC, et al.
| David Safran |
| The Laundress, LLC and ABC Corp. #1- 50 |
| 1:2024cv00865 |
| February 6, 2024 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Lorna G Schofield |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 pl Diversity-Product Liability |
| Plaintiff |
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Filing 31
ORDER granting #30 Motion for Michael L. Gallagher to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Michael L. Gallagher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29122553. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
| Filing 30 MOTION for Michael L. Gallagher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29122553. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Safran. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order Proposed Order).(Gallagher, Michael) |
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Filing 29
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 28 JOINT LETTER addressed to Judge Jesse M. Furman from Michael A. McCaskey and Ronald Y. Rothstein dated February 20, 2024 re: Order dated February 13, 2024. Document filed by The Laundress, LLC..(Rothstein, Ronald) |
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Filing 27
ORDER: On February 6, 2024, Case No. 24-CV-865 was transferred from the Northern District of Illinois 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-865 given the posture of the other cases. (The Court would encourage a single joint letter in this case and 24-CV-814, which is in a similar posture.) SO ORDERED. (Signed by Judge Jesse M. Furman on 2/13/2024) (mml)
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| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Lorna G. Schofield is no longer assigned to the case. (tro) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-10667-JMF. Notice of Assignment to follow. (tro) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Robert W. Lehrburger to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (tro) |
| Filing 26 CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:23-cv-14625. Original file certified copy of transfer order and docket entries received. |
| Magistrate Judge Barbara C. Moses 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lorna G. Schofield. 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..(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) |
| Filing 25 TRANSFERRED to the USDC Southern District of New York the electronic record. (jn, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 24 MINUTE entry before the Honorable John Robert Blakey: Defendant has moved to transfer this case to the Southern District of New York. 28 U.S.C. 1404(a) provides, "for the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought." In deciding whether to transfer, this Court weighs both the convenience of the parties and various public-interest considerations. In re Ryze Claims Sols., LLC, 968 F.3d 701, 70708 (7th Cir. 2020). This weighing "involves a large degree of subtlety and latitude, and, therefore, is committed to the sound discretion of the trial judge." Coffey v. Van Dorn Iron Works, 796 F.2d 217, 219 (7th Cir. 1986). As the moving party, Defendant bears the burden of demonstrating that the Southern District of New York is "clearly more convenient." Id. at 21920. The parties agree that venue remains proper here and in the Southern District of New York; they also agree that the "material events" related to Defendant's conduct occurred in the Southern District of New York. Indeed, although Plaintiff, who resides here, declines to concede that New York would be more convenient for him, he does concede that, on balance, the relevant factors favor transfer. #22 at 2. As a result, the Court grants Defendant's motion #18 and directs the Clerk to transfer this action forthwith to the Southern District of New York. Mailed notice (gel, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 23 NOTICE by David Safran re response to motion #22 (Gallagher, Michael) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 22 RESPONSE by David Safran to MOTION by Defendant The Laundress LLC to transfer case pursuant to 28 U.S.C. 1404(a) or, in the alternative, Stay Pursuant to First-to-File Rule #18 (Gallagher, Michael) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 21 MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' agreed motion to extend their responsive pleading and status report deadlines #20 and strikes the current deadlines. Plaintiff shall respond to the motion to transfer #18 by 1/25/24. The 1/17/24 Notice of Motion date is stricken. Mailed notice (lxs, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 20 MOTION by Defendant The Laundress LLC for extension of time to Agreed Responsive Pleading Date and Joint Stats Report Date (McCaskey, Michael) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 19 MEMORANDUM by The Laundress LLC in support of motion to transfer case #18 (Attachments: #1 Exhibit 1 - Ostenfeld Amended Comp., #2 Exhibit 2 - Sites Amend Comp., #3 Exhibit 3 - Murphy Order [Doc. 34])(McCaskey, Michael) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 18 MOTION by Defendant The Laundress LLC to transfer case pursuant to 28 U.S.C. 1404(a) or, in the alternative, Stay Pursuant to First-to-File Rule (McCaskey, Michael) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 17 NOTICE of Motion by Michael Alexander McCaskey for presentment of before Honorable John Robert Blakey on 1/17/2024 at 11:00 AM. (McCaskey, Michael) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 16 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 15 MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendant's agreed motion to extend time #13 . Defendant shall answer or otherwise respond to the complaint by 1/11/24 and the parties shall file their status report by 1/18/24. The Court also reminds counsel that all motions must be noticed for presentment. The Clerk shall amend the docket in this case to David Safran v. The Laundress LLC, et al., to reflect the names of both parties. Mailed notice (gel, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 14 ATTORNEY Appearance for Defendant The Laundress LLC by Caitlin Marie Barry (Barry, Caitlin) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 13 MOTION by Defendant The Laundress LLC for extension of time To Answer or Otherwise Plead (McCaskey, Michael) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 12 ATTORNEY Appearance for Defendant The Laundress LLC by Michael Alexander McCaskey (McCaskey, Michael) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 11 ATTORNEY Appearance for Defendant The Laundress LLC by Jared Reed Kessler (Kessler, Jared) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 10 MINUTE entry before the Honorable John Robert Blakey: The Court grants the application for leave to appear pro hac vice filed by Jared R. Kessler #7 , strikes the parties' individual status reports #8 , #9 , and orders the parties to meet and confer and file a joint status report, as ordered. The parties shall comply by 12/15/23. Mailed notice (gel, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 9 STATUS Report filed by Plaintiff by David Safran (Gallagher, Michael) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 8 STATUS Report (Initial) by The Laundress LLC (Rothstein, Ronald) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21364709. (Kessler, Jared) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 6 ATTORNEY Appearance for Defendant The Laundress LLC by Ronald Y Rothstein (Rothstein, Ronald) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 5 AFFIDAVIT of Service filed by Plaintiff David Safran regarding Summons and Complaint served on The Laundress LLC on 11/20/2023 (Gallagher, Michael) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 4 SUMMONS Returned Executed by David Safran as to The Laundress LLC on 11/20/2023, answer due 12/11/2023. (Gallagher, Michael) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 3 ATTORNEY Appearance for Plaintiff David Safran by Michael L. Gallagher (Gallagher, Michael) [Transferred from Illinois Northern on 2/6/2024.] |
| SUMMONS Issued as to Defendant The Laundress LLC (gmm, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 2 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 11/27/2023, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, at Gloria_Lewis@ilnd.uscourts.gov. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, ) [Transferred from Illinois Northern on 2/6/2024.] |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (axk, ) [Transferred from Illinois Northern on 2/6/2024.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (axk, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 1 COMPLAINT filed by David Safran ; Y. Filing fee $ 402, receipt number AILNDC-21199438. (Attachments: #1 Civil Cover Sheet)(Gallagher, Michael) [Transferred from Illinois Northern on 2/6/2024.] |
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