Paesano et al v. Ethicon, Inc. et al
| DEBORAH PAESANO and ANTHONY PAESANO |
| DR. ROBERT LOBEL, M.D., Police Officers John Does 1-20, Johnson & Johnson, ETHICON WOMEN'S HEALTH AND UROLOGY, a Division of Ethicon, Inc., Gynecare, Ethicon, Inc., NORTHEAST UROGYNECOLOGY, PELVIC MEDICINE AND RECONSTRUCTIVE SURGERY P.C., Northeast Urogynecology, Pelvic Medicine and Reconstructive Surgery P.C, Dr. Robert Lobel, John Does 1-20 and Ethicon Women's Health & Urology |
| 7:2019cv10979 |
| November 27, 2019 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1446 nr Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on March 22, 2022. A more recent docket listing may be available from PACER.
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Filing 42
CLERK'S JUDGMENT re: #41 Memorandum & Opinion in favor of Ethicon, Inc., John Does 1-20, Johnson & Johnson against Anthony Paesano, Deborah Paesano. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated March 22, 2022, Defendants' motion for summary judgment is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/22/2022) (Attachments: #1 Right to Appeal) (km)
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Filing 41
OPINION & ORDER re: #38 MOTION for Summary Judgment filed by Johnson & Johnson, Ethicon, Inc. For the reasons stated above, Defendants' motion for summary judgment is GRANTED. The Clerk of Court is respectfully directed to terminate the pending motion, (ECF No. 38), enter judgment for Defendants, and close the case. SO ORDERED. (Signed by Judge Cathy Seibel on 3/22/2022) (mml) Transmission to Orders and Judgments Clerk for processing.
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Filing 40
REPLY MEMORANDUM OF LAW in Support re: #38 MOTION for Summary Judgment . . Document filed by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Certificate of Service of Reply In Further Support of Motion for Summary Judgment).(Kabbash, Maha)
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Filing 39
MEMORANDUM OF LAW in Opposition re: #38 MOTION for Summary Judgment . . Document filed by Anthony Paesano, Deborah Paesano. (Attachments: #1 Certification of Thomas G. Cascione in Opposition to Motion, #2 Response to Rule 56.1 Statement, #3 Proposed Order, #4 Certificate of Service).(Murtha, Kelly)
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Filing 38
MOTION for Summary Judgment . Document filed by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Brief In Support of Motion for Summary Judgment, #2 Certification of Maha M. Kabbash, Esq. In Support of Motion for Summary Judgment, #3 Rule 56.1 Statement of Undisputed Facts In Support of Motion for Summary Judgment, #4 Proposed form of Order, #5 Certificate of Service of Motion for Summary Judgment).(Kabbash, Maha)
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Minute Entry for proceedings held before Judge Cathy Seibel: Status Conference held on 2/11/2021. Plaintiffs' counsel Thomas Cascione, Esq. appears telephonically. Defendants' counsel Maha Kabbash, Esq. appears telephonically. Law Clerk Ryan Partelow appears telephonically. Defendants' Motion for Summary Judgment to be submitted by March 15, 2021; Plaintiffs' opposition due April 14, 2021; Defendants' reply due April 28, 2021. The Court hereby DEFERS expert discovery pending the completion (and outcome) of the Motion for Summary Judgment. See transcript. (Court Reporter Pamela Grimaldi) (wc)
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Filing 37
LETTER addressed to Judge Cathy Seibel from Thomas G. Cascione dated February 4, 2021 re: Response to Defendant's letter request seeking leave to move for summary judgment. Document filed by Anthony Paesano, Deborah Paesano..(Murtha, Kelly)
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Filing 36
ORDER re: #35 Letter filed by Johnson & Johnson, Ethicon, Inc., Gynecare, Ethicon Women's Health & Urology: Plaintiff shall respond to Defendants' letter (by letter of no more than 3 pages) no later than 2/4/21. We will discuss the proposed motion at the already scheduled 2/11/21 conference. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy)
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Filing 35
LETTER addressed to Judge Cathy Seibel from Maha M. Kabbash dated 01/28/2021 re: Request for Pre-Motion Conference. Document filed by Ethicon Women's Health & Urology, Ethicon, Inc., Gynecare, Johnson & Johnson..(Kabbash, Maha)
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Filing 34
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Cathy Seibel on 5/29/2020) (mml)
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Filing 33
PROPOSED PROTECTIVE ORDER. Document filed by Ethicon, Inc., Johnson & Johnson..(Kabbash, Maha)
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Filing 32
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: The following Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel for the parties, pursuant to Rules 26(f) and 16 of the Federal Rules of Civil Procedure. The case is to be tried to a jury. Motions due by 7/31/2020. Deposition due by 5/22/2021. All Fact Discovery due by 1/29/2021. All Expert Discovery due by 5/22/2021. The next Case Management Conference set for 2/11/2021 at 10:00 AM before Judge Cathy Seibel. Except as otherwise set forth above, this Plan and Order may not be changed without leave of the Court or the assigned Magistrate Judge acting under a specific order of reference. And as set forth herein. SO ORDERED. (Signed by Judge Cathy Seibel on 5/28/2020) (ama)
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Minute Entry for proceedings held before Judge Cathy Seibel: Status Conference held on 5/28/2020. Plaintiffs' counsel Thomas Cascione, Esq. appears telephonically. Investigators Michael Archer and Drew Caprood appear telephonically. Defendants' counsel Maha Kabbash, Esq. appears telephonically. Law Clerk Max Bernstein appears telephonically. Case Management Plan signed. The Court schedules the next status conference for February 11, 2021 at 10:00 a.m. See transcript. (Status Conference set for 2/11/2021 at 10:00 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel). (Court Reporter Darby Ginsberg) (wc)
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Filing 31
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Kabbash, Maha)
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Filing 30
NOTICE OF COURT CONFERENCE: A Status conference is scheduled for May 28, 2020 at 11:15 a.m. (via telephone) before the Honorable Cathy Seibel at the Charles L. Brieant United States District Courthouse, 300 Quarropas Street, White Plains, New York 10601 in Courtroom 621, as further set forth in this order. (Telephone Conference set for 5/28/2020 at 11:15 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel.) (jwh)
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Filing 29
ANSWER to #27 Amended Complaint, with JURY DEMAND. Document filed by Ethicon, Inc...(Kabbash, Maha)
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Filing 28
ANSWER to #27 Amended Complaint, with JURY DEMAND. Document filed by Johnson & Johnson..(Kabbash, Maha)
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Filing 27
AMENDED COMPLAINT amending #25 Amended Complaint, against Ethicon, Inc., John Does 1-20, Johnson & Johnson with JURY DEMAND.Document filed by Anthony Paesano, Deborah Paesano. Related document: #25 Amended Complaint,. (Attachments: #1 Exhibit Joint letter to Judge Seibel, #2 Exhibit Letter endorsed by Judge Seibel granting leave to file Amended Complaint).(Murtha, Kelly)
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Filing 26
MEMO ENDORSEMENT on re: [25-1] Exhibit Letter, filed by Deborah Paesano, Anthony Paesano. ENDORSEMENT: Plaintiffs have leave to file an amended pleading, which they should denominate Amended Complaint. SO ORDERED. (Signed by Judge Cathy Seibel on 4/17/2020) (mml)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kelly Lynne Murtha to RE-FILE re: Document No. #25 Amended Complaint,. The filing is deficient for the following reason(s): Court's leave has not been granted. There was no first amended complaint filed in the Southern District of New York. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pc)
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Filing 25
FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE -SECOND AMENDED COMPLAINT against Ethicon, Inc., John Does 1-20, Johnson & Johnson with JURY DEMAND.Document filed by Anthony Paesano, Deborah Paesano. (Attachments: #1 Exhibit Letter to Judge Seibel).(Murtha, Kelly) Modified on 4/17/2020 (pc).
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Filing 24
JOINT STIPULATION OF PARTIAL DISMISSAL AND ORDER: Pursuant to federal Rule of Civil Procedure 41 (a)(1)(A)(ii), Plaintiffs Deborah Paesano and Anthony Paesano and Defendants Ethicon, Inc., on its own behalf and on behalf of its division, Ethicon Women's Health and Urology (also incorrectly named as "Gynecare"), and Johnson & Johnson (collectively "Defendants") in the above-referenced civil action, by and through their respective counsel of record, hereby stipulate and agree that Plaintiffs' claims set forth below are dismissed with prejudice and without costs: 1. First Count: Lack of Informed Consent Against Defendants Dr. Robert Lobel, MD (previously dismissed by Stipulation and Order of the Court dated April 2, 2020); 2. Third Count: Strict Liability - Manufacturing Defect; 3. Fifth Count; Strict Liability - Defective Product; 4. Seventh Count: Common Law fraud; 5. Eighth Count: Fraudulent Concealment; 6. Ninth Count: Constructive Fraud; 7. Tenth Count: Negligent Misrepresentation; 8. Eleventh Count: Negligent Infliction of Emotional Distress; 9. Twelfth Count: Breach of Express Warranty; 10. Thirteenth Count: Breach of Implied Warranty; 11. Fourteenth Count: Violation of State Consumer Protection Laws; and 12. Sixteenth Count: Unjust Enrichment. The following claims remain in the case at this time: 1. Second Count: Negligence; 2. Fourth Count: Strict Liability - Failure to Warn; 3. Sixth Count: Strict Liability - Design Defect; 4. Fifteenth Count: Gross Negligence; 5. Seventeenth Count: Punitive Damages; and 6. Eighteenth Count: Loss of Consortium On Behalf Of Plaintiff Anthony Paesano Against All Defendants. Defendants shall answer no later than 5/6/20. SO ORDERED. (Signed by Judge Cathy Seibel on 4/15/2020) (mml) Modified on 4/17/2020 (mml).
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Filing 23
PROPOSED STIPULATION AND ORDER. Document filed by Ethicon Women's Health & Urology, Ethicon, Inc., Gynecare, Johnson & Johnson. (Attachments: #1 Letter to Judge Seibel enclosing proposed Stipulation and Order of Dismissal).(Kabbash, Maha)
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Filing 22
ORDER: The parties' proposal as set forth in Defendant's 4/6/20 letter is approved. Defendant's motion to be served by 4/24/20. Plaintiff's opposition to be served by 5/8/20. Reply to be served, and all papers to be filed, by 5/20/20. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy)
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Filing 21
LETTER addressed to Judge Cathy Seibel from Maha M. Kabbash dated April 6, 2020 re: Request for Briefing Schedule. Document filed by Ethicon Women's Health & Urology, Ethicon, Inc., Gynecare, Johnson & Johnson..(Kabbash, Maha)
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Filing 20
STIPULATION FOR DISMISSAL OF ACTION BY PLAINTIFFS AGAINST DEFENDANTS DR. ROBERT LOBEL, M.D. AND NORTHEAST UROGYNECOLOGY, PELVIC MEDICINE AND RECONSTRUCTIVE SURGERY P.C.: NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, 1. The matter entitled Deborah Paesano and Anthony Paesano v. Ethicon, Inc., Ethicon Women's Health and Urology, a Division of Ethicon, Inc., Gynecare, Johnson & Johnson, Dr. Robert Lobel, M.D., Northeast Urogynecology, Pelvic Medicine And Reconstructive Surgery P.C., And John Does 1-20, No. 7:19-cv-10979-CS, is hereby dismissed by plaintiffs, with prejudice by plaintiffs only as against defendants Dr. Robert Lobel, M.D. and Northeast Urogynecology, Pelvic Medicine and Reconstructive Surgery P.C. and without costs or attorneys' fees awarded to any party. SO ORDERED. Robert Lobel (M.D.) and Northeast Urogynecology, Pelvic Medicine and Reconstructive Surgery P.C terminated. (Signed by Judge Cathy Seibel on 4/2/2020) (mml)
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Filing 19
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Robert Lobel, Northeast Urogynecology, Pelvic Medicine and Reconstructive Surgery P.C and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Robert Lobel, Northeast Urogynecology, Pelvic Medicine and Reconstructive Surgery P.C. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Brousseau, Shawn)
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Filing 18
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Robert Lobel, Northeast Urogynecology, Pelvic Medicine and Reconstructive Surgery P.C and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Robert Lobel, Northeast Urogynecology, Pelvic Medicine and Reconstructive Surgery P.C. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Brousseau, Shawn) Modified on 4/2/2020 (tp).
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***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #19 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Cathy Seibel for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Brousseau, Shawn. RE-FILE Document No. #18 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned wet signature image) PDF. (tp)
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Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 1/10/2020. M.D. Defendant(s) Motion to Dismiss to be submitted by March 10, 2020; Plaintiffs' opposition to M.D. Defendant(s) Motion to Dismiss and Plaintiffs' Motion to Remand due by April 9, 2020; M.D. Defendant(s) reply to Motion to Dismiss and M.D. Defendant(s) and Defendant Johnson and Johnson's opposition to Plaintiffs' Motion to Remand due by May 11, 2020; Plaintiffs' reply to Motion to Remand due May 22, 2020. See transcript. (Court Reporter Sabrina D'Emidio) (wc)
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Filing 17
NOTICE OF APPEARANCE by Kelly Strange Crawford on behalf of Ethicon Women's Health & Urology, Ethicon, Inc., Gynecare, Johnson & Johnson. (Crawford, Kelly)
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Filing 16
LETTER addressed to Judge Cathy Seibel from Thomas G. Cascione dated January 2, 2020 re: Defendants' letter filings. Document filed by Anthony Paesano, Deborah Paesano.(Cascione, Thomas)
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Filing 15
LETTER addressed to Judge Cathy Seibel from Shawn F. Brousseau dated 1/2/20 re: Response to plaintiff's 12/9/19 letter filing. Document filed by Robert Lobel, Northeast Urogynecology, Pelvic Medicine and Reconstructive Surgery P.C.(Brousseau, Shawn)
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Filing 14
LETTER addressed to Judge Cathy Seibel from Maha M. Kabbash dated 01/02/2020 re: Response to Plaintiffs' 12/9/19 Letter Requesting a Pre-Motion Conference. Document filed by Ethicon Women's Health & Urology, Ethicon, Inc., Gynecare, Johnson & Johnson.(Kabbash, Maha)
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Filing 13
. MEMO ENDORSEMENT on re: #12 Letter, filed by Northeast Urogynecology, Pelvic Medicine and Reconstructive Surgery P.C, Robert Lobel ENDORSEMENT: We will discuss this proposed motion at the already scheduled 1/10/20 conference. Plaintiffs shall respond to this letter, by letter of no more than 3 pages, no later than 1/3/20. SO ORDERED. (Signed by Judge Cathy Seibel on 12/10/2019) (mml)
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Filing 12
LETTER addressed to Judge Cathy Seibel from Shawn F. Brousseau dated 12/10/19 re: Joining in request for pre-motion conference. Document filed by Robert Lobel, Northeast Urogynecology, Pelvic Medicine and Reconstructive Surgery P.C.(Brousseau, Shawn)
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Filing 11
NOTICE OF APPEARANCE by Shawn Frederick Brousseau on behalf of Robert Lobel, Northeast Urogynecology, Pelvic Medicine and Reconstructive Surgery P.C. (Brousseau, Shawn)
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Filing 10
MEMO ENDORSEMENT on re: #9 Letter filed by Deborah Paesano, Anthony Paesano. ENDORSEMENT: We will discuss Plaintiffs' proposed motion for remand at the already scheduled 1/10/20 conference. Defendants shall respond to this letter, by letter of no more than 3 pages, no later than 1/3/20. SO ORDERED. (Signed by Judge Cathy Seibel on 12/9/2019) (mml)
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Filing 9
LETTER addressed to Judge Cathy Seibel from Thomas G. Cascione dated December 9, 2019 re: Request for Pre-Motion Conference. Document filed by Anthony Paesano, Deborah Paesano.(Cascione, Thomas)
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Filing 8
NOTICE OF APPEARANCE by Kelly Lynne Murtha on behalf of Anthony Paesano, Deborah Paesano. (Murtha, Kelly)
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Filing 7
NOTICE OF APPEARANCE by Thomas Gerard Cascione on behalf of Anthony Paesano. (Cascione, Thomas)
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Filing 6
NOTICE OF APPEARANCE by Thomas Gerard Cascione on behalf of Deborah Paesano. (Cascione, Thomas)
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Filing 5
MEMO ENDORSEMENT on re: #4 Letter filed by Johnson & Johnson, Ethicon, Inc., Gynecare, Ethicon Women's Health & Urology. ENDORSEMENT: Premotion conference to be held on 1/10/20 at 12 noon. Plaintiffs shall state their position, by letter of no more than 3 pages, by 1/3/20. Counsel for Defendant shall transmit a copy of this endorsement to counsel for Plaintiffs, who shall promptly file a notice of appearance (or if not admitted to the Court, promptly arrange to be admitted or for Plaintiffs to be represented here by admitted counsel). SO ORDERED. (Pre-Motion Conference set for 1/10/2020 at 12:00 PM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 12/4/2019) (mml)
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Filing 4
LETTER addressed to Judge Cathy Seibel from Maha M. Kabbash dated 12/04/2019 re: Request for Pre-Motion Conference. Document filed by Ethicon Women's Health & Urology, Ethicon, Inc., Gynecare, Johnson & Johnson.(Kabbash, Maha)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Maha Munayyer Kabbash. The party information for the following party/parties has been modified: ETHICON WOMEN'S HEALTH AND UROLOGY, a Division of Ethicon, Inc., DR. ROBERT LOBEL, M.D., NORTHEAST UROGYNECOLOGY, PELVIC MEDICINE AND RECONSTRUCTIVE SURGERY P.C., ANTHONY PAESANO, DEBORAH PAESANO. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (pc)
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Magistrate Judge Judith C. McCarthy 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)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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)
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Case Designated ECF. (pc)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by ETHICON WOMEN'S HEALTH AND UROLOGY, a Division of Ethicon, Inc., Ethicon, Inc., Gynecare, Johnson & Johnson.(Kabbash, Maha)
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Filing 2
CIVIL COVER SHEET filed. (Kabbash, Maha)
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Filing 1
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Dutchess. Case Number: 2019-53862. (Filing Fee $ 400.00, Receipt Number ANYSDC-18163975).Document filed by Johnson & Johnson, Ethicon, Inc., ETHICON WOMEN'S HEALTH AND UROLOGY, a Division of Ethicon, Inc., Gynecare. (Attachments: #1 Exhibit A, Part I - Summons, #2 Exhibit A, Part II - Amended Complaint, #3 Exhibit B - Chiles v. Am. Home Prods. Corp., et al.)(Kabbash, Maha)
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