Spiegel-Grim v. CVS Pharmacy Inc.
| New York Eastern District Court | |
| Judge: | Rachel P Kovner |
| Case #: | 1:24-cv-04860 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-(Citizenship) |
| Case Filed: | Jul 12, 2024 |
| Last checked: Tuesday Aug 27, 2024 5:05 AM EDT |
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Defendant
CVS Pharmacy Inc.
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Represented By
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Plaintiff
Lisa Spiegel-Grim
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Represented By
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| Docket last updated: 11/01/2024 11:59 PM EDT |
| Wednesday, October 30, 2024 | ||
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order
1 - Terminate Hearings ~Util - Set Hearings
Wed 10/30 12:33 PM
In view of the 10/29/2024 Order, the Initial Conference previously scheduled for 11/13/2024 is re-scheduled for 12/18/2024 at 3:00 PM . To gain access to the ZoomGov audio conferencing system, counsel and/or any pro se parties are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. The Court is in receipt of the CMP at ECF No. 29 . Ordered by Magistrate Judge Vera M. Scanlon on 10/30/2024. (SH) |
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| Tuesday, October 29, 2024 | ||
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order
Order on Motion to Adjourn Conference
Tue 10/29 2:28 PM
ORDER: The28 joint motion to adjourn is granted. The pre-motion conference previously scheduled for 11/13/2024 at 3:00 PM in Courtroom 4E-N is adjourned sine die . Pursuant to Federal Rule of Civil Procedure 15(a)(2), plaintiff is directed to file an amended complaint on or before 11/8/2024. Ordered by Judge Rachel P. Kovner on 10/29/2024. (BRS) |
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| Monday, October 28, 2024 | ||
| 29 | 29
misc
Case Management Statement
Mon 10/28 5:49 PM
CASE MANAGEMENT STATEMENT Filed on Behalf of Both Parties (Chabot, Pierre) |
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| 28 | 28
motion
Adjourn Conference
Mon 10/28 12:22 PM
Joint MOTION to Adjourn Conference and Set Additional Deadlines by CVS Pharmacy Inc.. (Chabot, Pierre) |
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order
Order on Motion for Extension of Time to File Scheduling Order
Mon 10/28 8:34 AM
ORDER. The motion at27 is granted nunc pro tunc . The Initial Conference is now set for 11/13/2024 at 11:00 AM before Magistrate Judge Vera M. Scanlon. To gain access to the ZoomGov audio conferencing system, counsel and/or any pro se parties are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. The CMP must be filed on or before 11/1/2024. Ordered by Magistrate Judge Vera M. Scanlon on 10/28/2024. (SH) |
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| Friday, October 25, 2024 | ||
| 27 | 27
motion
Extension of Time to File Document
Fri 10/25 9:03 AM
Joint MOTION for Extension of Time to File Proposed Case Management Plan by Lisa Spiegel-Grim. (Friesen, Catherine) |
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| Tuesday, October 22, 2024 | ||
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order
Order on Motion for Pre Motion Conference Scheduling Order
Tue 10/22 8:47 AM
ORDER: The24 motion for a pre-motion conference is granted. A pre-motion conference is scheduled for 11/13/2024 at 3:00 PM in Courtroom 4E-N. Ordered by Judge Rachel P. Kovner on 10/22/2024. (BRS) |
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| Monday, October 21, 2024 | ||
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order
Status Report Order
Mon 10/21 5:50 PM
ORDER. The parties failed to comply with the 8/29/2024 Order, in that they failed to file the Joint Proposed Civil Case Management Plan at ECF No.12 by 10/15/2024. The parties must do so by 10/25/2024. Ordered by Magistrate Judge Vera M. Scanlon on 10/21/2024. (JR) |
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| Friday, October 18, 2024 | ||
| 26 | 26
respm
Response in Opposition to Motion
Fri 10/18 9:30 AM
RESPONSE in Opposition re24 MOTION for pre motion conference Regarding Forthcoming 12(b)(6) Motion to Dismiss filed by Lisa Spiegel-Grim. (Friesen, Catherine) |
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| Tuesday, October 15, 2024 | ||
| 25 | 25
notice
Notice of Appearance
Tue 10/15 3:22 PM
NOTICE of Appearance by Joseph Gardner Mattson on behalf of CVS Pharmacy Inc. (aty to be noticed) (Mattson, Joseph) |
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| 24 | 24
motion
Pre Motion Conference
Tue 10/15 9:18 AM
MOTION for pre motion conference Regarding Forthcoming 12(b)(6) Motion to Dismiss by CVS Pharmacy Inc.. (Chabot, Pierre) |
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order
Order(Other)
Tue 10/15 10:39 AM
ORDER: Plaintiff is directed to respond to defendant's24 motion for a pre-motion conference by 10/22/2024. Ordered by Judge Rachel P. Kovner on 10/15/2024. (BRS) |
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| Friday, October 11, 2024 | ||
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utility
Case Assigned/Reassigned
Fri 10/11 9:18 AM
Case Reassigned to Judge Rachel P. Kovner and Magistrate Judge Vera M. Scanlon. Magistrate Judge Vera M. Scanlon no longer assigned as presider to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (DA) |
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| Thursday, October 10, 2024 | ||
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misc
Consent to Jurisdiction by US Magistrate Judge - Declined
Thu 10/10 12:48 PM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (JR) |
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| Wednesday, October 09, 2024 | ||
| 23 | 23
misc
Corporate Disclosure Statement
Wed 10/09 2:07 PM
Corporate Disclosure Statement by CVS Pharmacy Inc. identifying Other Affiliate CVS Health Corp. for CVS Pharmacy Inc.. (Sabillon, Luis) |
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| 22 | 22
notice
Notice of Appearance
Wed 10/09 1:29 PM
NOTICE of Appearance by Pierre A. Chabot on behalf of CVS Pharmacy Inc. (aty to be noticed) (Chabot, Pierre) |
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| Tuesday, October 08, 2024 | ||
| 21 | 21
misc
Letter
Tue 10/08 9:56 AM
Letter advising that parties do not consent to the Jurisdiction of the Magistrate Judge by CVS Pharmacy Inc. (Sabillon, Luis) |
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| Monday, October 07, 2024 | ||
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order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Extension of Time to File Status Report Order
Mon 10/07 12:31 PM
ORDER. The Court is in receipt of Defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) at ECF Nos. 17 - 17 -1. The Court denies the motion without prejudice, as it fails to comply with paragraph 4 of Administrative Order 2023-23, which is referenced in the 7/12/2024 docket entry and which provides that, "[i]f a party intends to file a motion...to dismiss for failure to state a claim or any relief under Rule 12(b)...and all parties have not yet consented to the jurisdiction of the Magistrate Judge, the party seeking such relief must file, no later than any date specified by any Federal or Local Rule governing the timing of such a motion, a letter no longer than one (1) page expressing such intent." The parties are to discuss the possibility of consenting to the jurisdiction of the undersigned in this action, as described in the 7/12/2024 docket entry. If both parties so consent, on or before 10/14/2024, the parties are to file a completed consent form, see generally ECF No. 6 , and a proposed briefing schedule for the anticipated motion to dismiss or, alternatively, if Plaintiff wishes to address the issues raised by Defendant by filing an amended complaint, a proposed schedule for filing an amended complaint and an answer or other response thereto. If both parties do not so consent, on or before 10/14/2024, Defendant is to file the aforementioned letter required by paragraph 4 of Administrative Order 2023-23, in which case, per paragraph 4 of Administrative Order 2023-23, a district judge will be randomly assigned to preside over this action; Defendant will be required to file either a pre-motion conference letter or a motion, in accordance with the Individual Rules of the assigned district judge, within seven days of such assignment or as otherwise ordered. Given the foregoing, the Court finds as moot Plaintiff's motion for an extension of time to oppose Defendant's motion to dismiss at ECF No. 20 . Ordered by Magistrate Judge Vera M. Scanlon on 10/7/2024. (JR) |
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| Friday, October 04, 2024 | ||
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order
Order on Motion to Substitute Attorney
Fri 10/04 3:35 PM
ORDER. The motions to substitute counsel at ECF Nos.13 and16 are granted. Ashlyn Capote and Luis Sabillon are added as counsel for Defendant. Ilana Cohen is terminated as counsel for Defendant. Ordered by Magistrate Judge Vera M. Scanlon on 10/4/2024. (JR) Modified on 10/4/2024 (JR) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Fri 10/04 4:16 PM
ORDER granting18 and19 Motions for Leave to Appear Pro Hac Vice. The attorneys shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorneys shall file notices of appearance to ensure electronic notification of activity in this case. Also, the attorneys shall ensure the $200 admission fees are submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Vera M. Scanlon on 10/4/2024. (JR) |
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| Tuesday, October 01, 2024 | ||
| 20 | 20
motion
Extension of Time to File Document
Tue 10/01 4:55 PM
Letter MOTION for Extension of Time to File Opposition to Defendant's Motion to Dismiss by Lisa Spiegel-Grim. (Friesen, Catherine) |
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| Friday, September 27, 2024 | ||
| 19 | 19
motion
Appear Pro Hac Vice
Fri 09/27 3:47 PM
MOTION to Appear Pro Hac Vice of Pierre Chabot Filing fee $ 200, receipt number ANYEDC-18330962 by CVS Pharmacy Inc.. (Sabillon, Luis) |
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Att: 1
Affidavit in Support
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| 18 | 18
motion
Appear Pro Hac Vice
Fri 09/27 3:42 PM
MOTION to Appear Pro Hac Vice of Joseph Mattson Filing fee $ 200, receipt number ANYEDC-18330812 by CVS Pharmacy Inc.. (Sabillon, Luis) |
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Att: 1
Affidavit in Support
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| 17 | 17
motion
Dismiss for Failure to State a Claim
Fri 09/27 3:30 PM
MOTION to Dismiss for Failure to State a Claim by CVS Pharmacy Inc.. (Sabillon, Luis) |
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Att: 1
Memorandum in Support
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| Thursday, September 26, 2024 | ||
| 16 | 16
motion
Substitute Attorney
Thu 09/26 2:47 PM
Letter MOTION to Substitute Attorney to Magistrate Judge Scanlon by CVS Pharmacy Inc.. (Sabillon, Luis) |
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| 15 | 15
notice
Notice of Appearance
Thu 09/26 9:59 AM
NOTICE of Appearance by Ashlyn M. Capote on behalf of CVS Pharmacy Inc. (notification declined or already on case). (Sabillon, Luis) Entry modified to correct dkt. text to reflect the correct atty's name filed in the attached NOA on 9/26/2024 (MLR) |
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| 14 | 14
notice
Notice of Appearance
Thu 09/26 9:51 AM
NOTICE of Appearance by Luis Sabillon on behalf of CVS Pharmacy Inc. (notification declined or already on case) (Sabillon, Luis) |
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| Monday, September 16, 2024 | ||
| 13 | 13
motion
Substitute Attorney
Mon 09/16 10:11 AM
MOTION to Substitute Attorney by CVS Pharmacy Inc.. (Sabillon, Luis) |
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Att: 1
Exhibit Substitution of Atty - LGS,
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Att: 2
Exhibit Substitution of Atty - AMC
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| Thursday, August 29, 2024 | ||
| 12 | 12
order
Scheduling Order
Thu 08/29 5:32 PM
SCHEDULING ORDER: An Initial Conference is scheduled for 10/29/2024 at 11:30 AM before Magistrate Judge Vera M. Scanlon via ZoomGov. To gain access to the ZoomGov audio conferencing system, the parties are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 10/15/2024. The Court reminds the parties of their responsibility to file a disclosure statement under Federal Rule of Civil Procedure 7.1, if applicable, within 30 days of appearing in this action. As to any LLC, the disclosure statement should identify all of the members and their respective citizenship. Ordered by Magistrate Judge Vera M. Scanlon on 8/29/2024. (SH) |
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| Saturday, August 24, 2024 | ||
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order
Order on Motion for Extension of Time to Answer
Sat 08/24 4:54 PM
ORDER granting11 Motion for Extension of Time to Answer re11 MOTION for Extension of Time to File Answer re1 Complaint, CVS Pharmacy Inc. The answer is due on or before 9/27/2024. Ordered by Magistrate Judge Vera M. Scanlon on 8/24/2024. (Scanlon, Vera) |
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| Monday, August 05, 2024 | ||
| 11 | 11
motion
Extension of Time to File Answer
Mon 08/05 11:40 AM
MOTION for Extension of Time to File Answer re1 Complaint, by CVS Pharmacy Inc.. (Cohen, Ilana) |
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Att: 1
Proposed Order
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| 10 | 10
notice
Notice of Appearance
Mon 08/05 11:36 AM
NOTICE of Appearance by Ilana Cohen on behalf of CVS Pharmacy Inc. (aty to be noticed) (Cohen, Ilana) |
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| Tuesday, July 16, 2024 | ||
| 9 | 9
service
Summons Returned Executed
Tue 07/16 9:40 AM
SUMMONS Returned Executed by Lisa Spiegel-Grim. CVS Pharmacy Inc. served on 7/15/2024, answer due 8/5/2024. (Friesen, Catherine) |
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| Friday, July 12, 2024 | ||
| 8 | 8
service
Summons Issued
Fri 07/12 2:46 PM
Summons Issued as to CVS Pharmacy Inc.. (AF) |
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| 7 | 7
misc
Quality Control Check - Attorney Case Opening
Fri 07/12 2:45 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
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| 6 | 6
notice
Notice of Opportunity to Consent
Fri 07/12 2:44 PM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (AF) |
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| 5 | 5
notice
Notice of Appearance
Fri 07/12 2:35 PM
NOTICE of Appearance by Amber Trumbull Wallace on behalf of Lisa Spiegel-Grim (aty to be noticed) (Wallace, Amber) |
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| 4 | 4
notice
Notice of Appearance
Fri 07/12 2:34 PM
NOTICE of Appearance by Steven R. Schoenfeld on behalf of Lisa Spiegel-Grim (aty to be noticed) (Schoenfeld, Steven) |
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| 3 | 3
notice
Notice of Appearance
Fri 07/12 2:33 PM
NOTICE of Appearance by James R. Denlea on behalf of Lisa Spiegel-Grim (aty to be noticed) (Denlea, James) |
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| 2 | 2
notice
Notice of Appearance
Fri 07/12 2:32 PM
NOTICE of Appearance by Jeffrey I. Carton on behalf of Lisa Spiegel-Grim (aty to be noticed) (Carton, Jeffrey) |
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| 1 | 1
16
pgs
cmp
Complaint
Fri 07/12 1:56 PM
COMPLAINT against CVS Pharmacy Inc. filing fee $ 405, receipt number ANYEDC-18064733 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Lisa Spiegel-Grim. (Friesen, Catherine) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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utility
Case Assigned/Reassigned
Fri 07/12 2:43 PM
Case Assigned to Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (AF) |
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