Standing v. Bytedance E-Commerce, Inc. (7:21-cv-04033), New York Southern District Court

Standing v. Bytedance E-Commerce, Inc.

New York Southern District Court
Judge:	Kenneth M Karas
Case #:	7:21-cv-04033
Nature of Suit	360 Torts - Personal Injury - Other Personal Injury
Cause	28:1331pi Fed. Question: Personal Injury

Case Filed:	May 05, 2021
Terminated:	Sep 29, 2021

Docket
Parties (4)

Last checked: Monday Nov 01, 2021 5:35 AM EDT

Defendant Bytedance E-Commerce, Inc.
Defendant Bytedance Inc	Represented By Chelsea Kelly Davis Wright Tremaine LLP contact info Alison Brooke Schary Davis Wright Tremaine Llp (dc) contact info Elizabeth A. McNamara Davis Wright Tremaine Llp (nyc) contact info
Defendant ByteDance Inc.
Plaintiff Beverly Standing	Represented By Robert Joseph Sciglimpaglia, Jr. Robert Sciglimpaglia Attorney At Law contact info

Docket last updated: 10/18/2024 11:59 PM EDT

Friday, October 29, 2021
33		33 misc Stipulation of Voluntary Dismissal Fri 10/29 3:32 PM 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) ByteDance Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by ByteDance Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(McNamara, Elizabeth) Related: [-]
32		32 misc Stipulation of Voluntary Dismissal Fri 10/29 12:40 PM 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) Beverly Standing pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bytedance Inc. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(McNamara, Elizabeth) Modified on 10/29/2021 (km) Related: [-]
		misc Notice to Attorney Regarding Deficient Voluntary Dismissal Fri 10/29 12:47 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Elizabeth McNamara. RE-FILE Document No. 32 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 (handwritten signatures). 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 PDF. (km) Related: [-]
		misc Notice to Court Regarding Voluntary Dismissal Fri 10/29 3:37 PM ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 33 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Kenneth M. Karas for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a closed case. (km) Related: [-]
Wednesday, September 29, 2021
31		31 1 pgs order Order of Dismissal Wed 09/29 4:19 PM ORDER OF DISMISSAL... It is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty day period to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are denied. All conferences are vacated. directed to close the case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/29/21) (yv) Related: [-]
Tuesday, September 28, 2021
30		30 misc Letter Tue 09/28 3:36 PM FIRST LETTER addressed to Judge Kenneth M. Karas from Robert Sciglimpaglia dated 09/25/2021 re: Settlement. Document filed by Beverly Standing..(Sciglimpaglia, Robert) Related: [-]
Thursday, August 26, 2021
29		29 order Memo Endorsement ~Util - Set Deadlines Thu 08/26 6:33 PM MEMO ENDORSEMENT on re:27 SECOND LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Kenneth M. Karas from Robert J. Sciglimpaglia Jr. dated 08/25/2021, filed by Beverly Standing. ENDORSEMENT: SO ORDERED. ( Amended Pleadings due by 9/30/2021.) (Signed by Judge Kenneth M. Karas on 8/26/2021) (va) Related: [-]
28		28 1 pgs order Order on Motion for Extension of Time to Amend Thu 08/26 6:18 PM ORDER granting27 Letter Motion for Extension of Time to Amend27 SECOND LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Kenneth M. Karas from Robert J. Sciglimpaglia Jr. dated 08/25/2021. Granted. No conference is necessary. (Amended Pleadings due by 9/30/2021.) (Signed by Judge Kenneth M. Karas on 8/26/2021) (rro) Related: [-]
Wednesday, August 25, 2021
27		27 motion Extension of Time to Amend Wed 08/25 2:16 PM SECOND LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Kenneth M. Karas from Robert J. Sciglimpaglia Jr. dated 08/25/2021. Document filed by Beverly Standing..(Sciglimpaglia, Robert) Related: [-]
Wednesday, July 28, 2021
26		26 4 pgs order Order on Motion for Conference Wed 07/28 2:42 PM ORDER terminating25 FIRST LETTER MOTION for Conference Response Letter for Motion to Dismiss addressed to Judge Kenneth M. Karas from Robert Sciglimpaglia Jr dated 7/28/2021. Plaintiff may file an Amended Complaint by 8/31/21. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/28/2021) (mml) Related: [-]
25		25 motion Conference Wed 07/28 12:01 PM FIRST LETTER MOTION for Conference Response Letter for Motion to Dismiss addressed to Judge Kenneth M. Karas from Robert Sciglimpaglia Jr dated 7/28/2021. Document filed by Beverly Standing..(Sciglimpaglia, Robert) Related: [-]
		utility Set/Reset Deadlines Wed 07/28 2:52 PM Set/Reset Deadlines: Amended Pleadings due by 8/31/2021. (mml) Related: [-]
Wednesday, July 14, 2021
24		24 1 pgs order Order on Motion for Extension of Time to File Response/Reply Wed 07/14 9:29 AM ORDER granting23 Letter Motion for Extension of Time to File Response/Reply re23 FIRST LETTER MOTION for Extension of Time to File Response/Reply to request for pre-motion conference addressed to Judge Kenneth M. Karas from Robert Sciglimpaglia Jr dated July 13, 2021. Granted. So Ordered. Responses due by 7/28/2021. (Signed by Judge Kenneth M. Karas on 7/13/2021) (rj) Related: [-]
Tuesday, July 13, 2021
23		23 motion Extension of Time to File Response/Reply Tue 07/13 3:02 PM FIRST LETTER MOTION for Extension of Time to File Response/Reply to request for pre-motion conference addressed to Judge Kenneth M. Karas from Robert Sciglimpaglia Jr dated July 13, 2021. Document filed by Beverly Standing..(Sciglimpaglia, Robert) Related: [-]
Wednesday, July 07, 2021
22		22 3 pgs motion Conference Wed 07/07 9:03 AM LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Elizabeth A. McNamara dated 7/7/2021. Document filed by Bytedance Inc..(McNamara, Elizabeth) Related: [-]
Thursday, July 01, 2021
21		21 service Certificate of Service Complaints Thu 07/01 5:30 PM CERTIFICATE OF SERVICE. Bytedance E-Commerce, Inc. served on 6/7/2021, answer due 6/28/2021. Service was accepted by NY Secretary of State. Document filed by Beverly Standing..(Sciglimpaglia, Robert) Related: [-]
20		20 service Certificate of Service Complaints Thu 07/01 5:28 PM CERTIFICATE OF SERVICE. Bytedance E-Commerce, Inc. served on 5/20/2021, answer due 6/10/2021. Service was made by MAIL. Document filed by Beverly Standing..(Sciglimpaglia, Robert) Related: [-]
19		19 service Certificate of Service Complaints Thu 07/01 5:24 PM CERTIFICATE OF SERVICE. Bytedance Inc served on 5/18/2021, answer due 6/8/2021. Service was accepted by John Doe, Agent for Service Corporation Service Company. Document filed by Beverly Standing..(Sciglimpaglia, Robert) Related: [-]
Wednesday, June 02, 2021
18		18 1 pgs order Order on Motion for Extension of Time to Answer Wed 06/02 12:52 PM ORDER: granting16 Letter Motion for Extension of Time to Answer re16 CONSENT LETTER MOTION for Extension of Time to File Answer re:9 Amended Complaint addressed to Judge Kenneth M. Karas from Elizabeth A. McNamara dated 6/2/2021. Granted. SO ORDERED. Bytdance Inc answer due 7/7/2021. (Signed by Judge Kenneth M. Karas on 6/02/2021) (ama) Related: [-]
17		17 misc Rule 7.1 Corporate Disclosure Statement Wed 06/02 10:09 AM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate ByteDance Ltd. for Bytdance Inc. Document filed by Bytdance Inc..(McNamara, Elizabeth) Related: [-]
16		16 motion Extension of Time to File Answer Wed 06/02 10:07 AM CONSENT LETTER MOTION for Extension of Time to File Answer re:9 Amended Complaint addressed to Judge Kenneth M. Karas from Elizabeth A. McNamara dated 6/2/2021. Document filed by Bytdance Inc..(McNamara, Elizabeth) Related: [-]
15		15 notice Notice of Appearance Wed 06/02 10:04 AM NOTICE OF APPEARANCE by Chelsea Kelly on behalf of Bytdance Inc..(Kelly, Chelsea) Related: [-]
14		14 notice Notice of Appearance Wed 06/02 9:57 AM NOTICE OF APPEARANCE by Alison Brooke Schary on behalf of Bytdance Inc..(Schary, Alison) Related: [-]
13		13 notice Notice of Appearance Wed 06/02 9:53 AM NOTICE OF APPEARANCE by Elizabeth A. McNamara on behalf of Bytdance Inc..(McNamara, Elizabeth) Related: [-]
Wednesday, May 12, 2021
12		12 service Summons Issued Wed 05/12 8:35 AM ELECTRONIC SUMMONS ISSUED as to Bytdance Inc..(gp) Related: [-]
11		11 service Summons Issued Wed 05/12 8:32 AM ELECTRONIC SUMMONS ISSUED as to Bytedance E-Commerce, Inc...(gp) Related: [-]
		notice Case Opening Initial Assignment Notice Wed 05/12 8:22 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(gp) Related: [-]
		utility Case Designation Wed 05/12 8:23 AM Magistrate Judge Paul E. Davison 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (gp) Related: [-]
		utility Case Designated ECF Wed 05/12 8:23 AM Case Designated ECF. (gp) Related: [-]
Tuesday, May 11, 2021
10		10 service Request for Issuance of Summons Tue 05/11 6:19 PM REQUEST FOR ISSUANCE OF SUMMONS as to BYTEDANCE, INC., re:9 Amended Complaint. Document filed by Beverly Standing..(Sciglimpaglia, Robert) Related: [-]
9		9 cmp Amended Complaint Tue 05/11 6:16 PM FIRST AMENDED COMPLAINT amending7 Amended Complaint against Bytdance Inc, Bytedance E-Commerce, Inc. with JURY DEMAND.Document filed by Beverly Standing. Related document:7 Amended Complaint..(Sciglimpaglia, Robert) Related: [-]
		misc Civil Case Opening Fee Payment Tue 05/11 8:57 AM Civil Case Opening Fee Payment: for4 Complaint. Filing fee $ 402.00, receipt number BNYSDC-24520681..(Sciglimpaglia, Robert) Related: [-]
		misc Notice to Attorney Regarding Party Modification Tue 05/11 2:31 PM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Joseph Sciglimpaglia, Jr.. The party information for the following party/parties has been modified: BYTEDANCE INC d/b/a TikTok. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; alias party name was removed. (jgo) Related: [-]
		misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Tue 05/11 2:34 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Robert Joseph Sciglimpaglia, Jr. to RE-FILE Document No. 8 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name on the PDF case caption and the PDF 'To' section contains a typographical error; party name must match exactly as it appears on the pleading; party name on the 'as to' docket entry text contains a typographical error; do not include alias name for party;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) Related: [-]
Monday, May 10, 2021
8		8 service Request for Issuance of Summons Mon 05/10 5:08 PM REQUEST FOR ISSUANCE OF SUMMONS as to BYTEDANCE, INC d/b/a TikTok, re:7 Amended Complaint. Document filed by Beverly Standing..(Sciglimpaglia, Robert) Related: [-]
7		7 cmp Amended Complaint Mon 05/10 5:04 PM FIRST AMENDED COMPLAINT amending4 Complaint against Bytedance E-Commerce, Inc., BYTEDANCE INC d/b/a TikTok with JURY DEMAND.Document filed by Beverly Standing. Related document:4 Complaint..(Sciglimpaglia, Robert) Related: [-]
		misc Civil Case Opening Fee Payment Mon 05/10 5:10 PM Civil Case Opening Fee Payment: for4 Complaint. Filing fee $ 402.00..(Sciglimpaglia, Robert) Related: [-]
Friday, May 07, 2021
		misc Case Opening Fee Due Fri 05/07 9:09 AM ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Robert Joseph Sciglimpaglia, Jr.. Civil Case Opening Fee of Due: for4 Complaint. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 5/12/2021..(pc) Related: [-]
Thursday, May 06, 2021
6		6 misc Civil Cover Sheet Thu 05/06 12:11 PM CIVIL COVER SHEET filed..(Sciglimpaglia, Robert) Related: [-]
5		5 service Request for Issuance of Summons Thu 05/06 12:08 PM REQUEST FOR ISSUANCE OF SUMMONS as to BYTEDANCE E-COMMERCE INC d/b/a TikTok, re:4 Complaint. Document filed by Beverly Standing..(Sciglimpaglia, Robert) Related: [-]
4		4 cmp Complaint Thu 05/06 10:32 AM COMPLAINT against Bytedance E-Commerce, Inc.. (Filing Fee $ 402.00.)Document filed by Beverly Standing..(Sciglimpaglia, Robert) Related: [-]
		misc Notice to Attorney Regarding Party Modification Thu 05/06 9:32 AM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Joseph Sciglimpaglia, Jr.. The party information for the following party/parties has been modified: BYTEDANCE E-COMMERCE INC, Beverly Standing. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party type was entered incorrectly;. (pc) Related: [-]
		misc Notice to Attorney Regarding Deficient Civil Cover Sheet Thu 05/06 9:34 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Robert Joseph Sciglimpaglia, Jr. to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple natures of suit were selected. Choose one. Do not fill out the citizenship of principal parties if Federal Question Basis of Jurisdiction is selected. Civil cover sheet was not signed;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) Related: [-]
		misc Notice to Attorney Regarding Deficient Pleading Thu 05/06 9:36 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert Joseph Sciglimpaglia, Jr. to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type 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. (pc) Related: [-]
		misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Thu 05/06 9:36 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Robert Joseph Sciglimpaglia, Jr. to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading.;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Thu 05/06 9:38 AM ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert Joseph Sciglimpaglia, Jr.. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 4 (Diversity); Citizenship Plaintiff code 3 (Citizen or Subject of a Foreign Country); Citizenship Defendant code 4 (Incorporated/Principal Place of Business-This State); County code Westchester;. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 3 (Federal Question); the Citizenship Plaintiff code has been modified to 7 (NONE); the Citizenship Defendant code has been modified to 7 (NONE); the County code has been modified to XX Out of U.S.;. (pc) Related: [-]
		misc Case Opening Fee Due Thu 05/06 9:38 AM ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Robert Joseph Sciglimpaglia, Jr.. Civil Case Opening Fee of Due: for1 Complaint. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 5/11/2021..(pc) Related: [-]
		misc Civil Case Opening Fee Payment Thu 05/06 10:30 AM Civil Case Opening Fee Payment: for1 Complaint. Filing fee $ 402.00..(Sciglimpaglia, Robert) Related: [-]
Wednesday, May 05, 2021
3		3 service Request for Issuance of Summons Wed 05/05 6:16 PM REQUEST FOR ISSUANCE OF SUMMONS as to BYTEDANCE E-COMMERCE INC d/b/a TikTok, re:1 Complaint. Document filed by Beverly Standing..(Sciglimpaglia, Robert) Related: [-]
2		2 misc Civil Cover Sheet Wed 05/05 5:49 PM CIVIL COVER SHEET filed..(Sciglimpaglia, Robert) Related: [-]
1		1 14 pgs cmp Complaint Wed 05/05 5:45 PM COMPLAINT against Beverly Standing. (Filing Fee $ 402.00.)Document filed by Beverly Standing..(Sciglimpaglia, Robert) Related: [-]

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