WIEDER et al v. ADVANCED BIONICS LLC

New York Southern District Court
Judge:Dale E Ho
Referred: Gabriel W Gorenstein
Case #: 1:24-cv-08495
Nature of Suit245 Real Property - Tort Product Liability
Cause28:1332pl Diversity-Product Liability
Case Filed:Nov 07, 2024
Last checked: Friday Nov 08, 2024 8:07 AM EST
Defendant
ADVANCED BIONICS LLC
28515 Westinghouse Place
Valencia, CA 91355
Plaintiff
L. W.
2 Teverya Way Apt. 203
Monroe, NY 10950
Represented By
Scott H. Seskin
Seskin & Seskin
contact info
Plaintiff
FEIGE WIEDER
2 Teverya Way Apt. 203
Monroe, NY 10950
Represented By
Scott H. Seskin
Seskin & Seskin
contact info
Plaintiff
JOEL WIEDER
2 Teverya Way Apt. 203
Monroe, NY 10950
Represented By
Scott H. Seskin
Seskin & Seskin
contact info


Docket last updated: 3 hours ago
Tuesday, November 12, 2024
9 9 service Summons Issued Tue 11/12 4:43 PM
ELECTRONIC SUMMONS ISSUED as to Advanced Bionics LLC..(gp)
Related: [-]
8 8 1 pgs order Order Referring Case to Magistrate Judge Tue 11/12 4:41 PM
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED (Signed by Judge Dale E. Ho on 11/12/2024) (ks)
Related: [-]
7 7 2 pgs order Order Tue 11/12 4:39 PM
ORDER : To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent under 28 U.S.C. § 636(c) to conduct all further proceedings before the assigned Magistrate Judge. SO ORDERED (Signed by Judge Dale E. Ho on 11/12/2024) (ks)
Related: [-]
Friday, November 08, 2024
6 6 service Request for Issuance of Summons Fri 11/08 12:23 PM
REQUEST FOR ISSUANCE OF SUMMONS as to ADVANCED BIONICS LLC, re:1 Complaint,,. Document filed by Feige Wieder, Joel Wieder, Feige Wieder..(Seskin, Scott)
Related: [-]
5 5 misc Civil Cover Sheet Fri 11/08 12:21 PM
CIVIL COVER SHEET filed..(Seskin, Scott)
Related: [-]
4 4 service Request for Issuance of Summons Fri 11/08 11:46 AM
FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to ADVANCED BIONICS LLC, re:1 Complaint,,. Document filed by Feige Wieder, Joel Wieder, Feige Wieder..(Seskin, Scott) Modified on 11/8/2024 (jgo)
Related: [-]
misc Notice to Attorney Regarding Deficient Civil Cover Sheet Fri 11/08 11:53 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Scott H. Seskin to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the Courthouse Assignment code was not selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated May 28, 2024. The S.D.N.Y. Civil Cover Sheet dated May 28, 2024 is located at http://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (jgo)
Related: [-]
misc Notice to Attorney Regarding Case Opening Statistical Error Correction Fri 11/08 11:54 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Scott H. Seskin. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 245 (Tort Product Liability); Citizenship Defendant code 2 (Citizen of Another State); Dollar Demand $23,000,000,000;. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 365 (Personal Inj. Prod. Liability); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Dollar Demand has been modified to $9,999,000;. (jgo)
Related: [-]
misc Notice to Attorney Regarding Deficient Pleading Fri 11/08 11:55 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Scott H. Seskin re: Document No. 1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add Joel Wieder 'individually'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo)
Related: [-]
misc Notice to Attorney Regarding Party Modification Fri 11/08 11:56 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Scott H. Seskin. The party information for the following party/parties has been modified: FEIGE WIEDER; JOEL WIEDER; L. W.; ADVANCED BIONICS LLC. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted;. (jgo)
Related: [-]
notice Case Opening Initial Assignment Notice Fri 11/08 11:57 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. 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] ..(jgo)
Related: [-]
utility Case Designation Fri 11/08 11:59 AM
Magistrate Judge Gabriel W. Gorenstein 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo)
Related: [-]
utility Case Designated ECF Fri 11/08 11:59 AM
Case Designated ECF. (jgo)
Related: [-]
misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Fri 11/08 12:01 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Scott H. Seskin to RE-FILE Document No. 4 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; the date field on the official A.O. Summons form was completed by the attorney;. 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: [-]
utility Add Party for Pleading Fri 11/08 12:16 PM
ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Joel Wieder added. Party added pursuant to1 Complaint,,.Document filed by Joel Wieder. Related document:1 Complaint,,..(Seskin, Scott)
Related: [-]
utility Add Party for Pleading Fri 11/08 12:17 PM
ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Feige Wieder added. Party added pursuant to1 Complaint,,.Document filed by Feige Wieder. Related document:1 Complaint,,..(Seskin, Scott)
Related: [-]
Thursday, November 07, 2024
3 3 misc Related Case Affidavit/Affirmation Thu 11/07 9:36 PM
RELATED CASE AFFIRMATION of Scott H. Seskin re: that this action be filed as related to 1:22 CV 10759. Document filed by FEIGE WIEDER, JOEL WIEDER, L. W...(Seskin, Scott)
Related: [-]
2 2 misc Civil Cover Sheet Thu 11/07 9:26 PM
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Seskin, Scott) Modified on 11/8/2024 (jgo)
Related: [-]
1 1 cmp Complaint Thu 11/07 9:07 PM
COMPLAINT against ADVANCED BIONICS LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-30156675)Document filed by L. W., JOEL WIEDER, FEIGE WIEDER..(Seskin, Scott)
Related: [-]
Att: 1 Exhibit RECALL DOCUMENTS,
Att: 2 Exhibit ADVANCED BIONICS WEBSITE,
Att: 3 Exhibit FEB. 23, 2021 INTEGRITY TEST,
Att: 4 Exhibit FEB. 23, 2022 INTEGRITY TEST,
Att: 5 Exhibit DEVICE FAILURE LETTER AND REPORT,
Att: 6 Exhibit TOLLING AGREEMENTS,
Att: 7 Exhibit DR. LENARZ LARYNGOSCOPE ARTICLE,
Att: 8 Exhibit MAUDE ADVERSE REPORT