BETURE et al v. SAMSUNG ELECTRONICS AMERICA
| New Jersey District Court | |
| Judge: | Stanley R Chesler |
| Referred: | Cathy L Waldor |
| Case #: | 2:17-cv-05757 |
| Nature of Suit | 195 Contract - Contract Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Aug 04, 2017 |
| Terminated: | Jul 18, 2018 |
| Last checked: Wednesday Jan 31, 2018 3:43 AM EST |
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Defendant
SAMSUNG ELECTRONICS AMERICA
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Represented By
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Plaintiff
ERMIAS BETURE
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Represented By
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Plaintiff
ELISHA POLOMSKI
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Represented By
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Plaintiff
JAMES SAMUELSON
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Represented By
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Plaintiff Consolidated
EMMANUEL EJIM
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Represented By
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Plaintiff Consolidated
REMIGIUSZ ZUBER
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Represented By
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Plaintiff Consolidated
RAYMOND PAGE
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Represented By
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Plaintiff Consolidated
PHILLIP MITCHELL
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Represented By
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Plaintiff Consolidated
DEREK LOGIUDICE
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Represented By
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Plaintiff Consolidated
CORRIE KASAL
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Represented By
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Plaintiff Consolidated
JERRY HUNG
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Represented By
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Plaintiff Consolidated
HUGH HOLNESS
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Represented By
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Plaintiff Consolidated
EZRA GETZLER
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Represented By
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Plaintiff Consolidated
ERICA DUBOSE
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Represented By
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Plaintiff Consolidated
DEBRA CROWNOVER
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Represented By
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Plaintiff Consolidated
MICHELLE BARNETT
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Represented By
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GPO
Mar 27 2018
OPINION. Signed by Judge Stanley R. Chesler on 03/27/2018. (ek) |
| Docket last updated: 05/14/2025 11:59 PM EDT |
| Wednesday, July 18, 2018 | ||
| 45 | 45
2
pgs
order
Order on Motion to Compel
Thu 07/19 2:29 PM
ORDER granting26 First MOTION to Compel Arbitration and Stay of Litigation by SAMSUNG ELECTRONICS AMERICA, and it is further Ordered that the Clerk of the Court shall mark this matter CLOSED. Signed by Judge Stanley R. Chesler on 7/18/2018. (JB, ) |
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23
pgs
order
Opinion
Thu 07/19 2:26 PM
OPINION. Signed by Judge Stanley R. Chesler on 7/18/2018. (JB, ) |
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utility
Terminate Civil Case
Thu 07/19 2:30 PM
***Civil Case Terminated. (JB, ) |
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| Wednesday, May 23, 2018 | ||
| 43 | 43
respm
Reply Brief to Opposition to Motion
Wed 05/23 5:35 PM
REPLY BRIEF to Opposition to Motion filed by SAMSUNG ELECTRONICS AMERICA re26 First MOTION to Compel Arbitration and Stay of Litigation (JAY, DAVID) |
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Att: 1
Certificate of Service
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| Tuesday, May 22, 2018 | ||
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notice
Notice (Other)
Tue 05/22 2:56 PM
NOTICE by MICHELLE BARNETT, ERMIAS BETURE, DEBRA CROWNOVER, ERICA DUBOSE, EMMANUEL EJIM, EZRA GETZLER, HUGH HOLNESS, JERRY HUNG, CORRIE KASAL, DEREK LOGIUDICE, PHILLIP MITCHELL, RAYMOND PAGE, ELISHA POLOMSKI, JAMES SAMUELSON, REMIGIUSZ ZUBER OF SUPPLEMENTAL AUTHORITY(JOHNS, BENJAMIN) |
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Att: 1
Exhibit Jones v. Samsung Elcs. Am. Opinion,
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Att: 2
Certificate of Service
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| Thursday, April 26, 2018 | ||
| 41 | 41
order
Stipulation and Order
Fri 04/27 4:54 PM
STIPULATION AND CONSENT ORDER that Defendant's reply brief in further support of the Motion shall be filed on or before May 23, 2018. Signed by Magistrate Judge Cathy L. Waldor on 4/26/2018. (sm) |
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| Wednesday, April 25, 2018 | ||
| 40 | 40
misc
Letter
Wed 04/25 4:15 PM
Letter from Defendant Samsung requesting a Consent Order Extending Time to Reply to Motion to Compel Arbitration.(WONG, ERIC) |
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Att: 1
Text of Proposed Order (Stipulation & Consent Order)
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| Monday, April 23, 2018 | ||
| 39 | 39
respm
Response in Opposition to Motion
Mon 04/23 5:52 PM
RESPONSE in Opposition filed by MICHELLE BARNETT, ERMIAS BETURE, DEBRA CROWNOVER, ERICA DUBOSE, EMMANUEL EJIM, EZRA GETZLER, HUGH HOLNESS, JERRY HUNG, CORRIE KASAL, DEREK LOGIUDICE, PHILLIP MITCHELL, RAYMOND PAGE, ELISHA POLOMSKI, JAMES SAMUELSON, REMIGIUSZ ZUBER re26 First MOTION to Compel Arbitration and Stay of Litigation (GRAIFMAN, GARY) |
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Att: 1
Declaration of Nicholas Migliaccio,
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Att: 2
Exhibit 1 - Screenshots of EULA,
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Att: 3
Exhibit 2 - Compendium of Plaintiffs Declaration,
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Att: 4
Exhibit 3 - Email of Gary S. Graifman Requesting Discovery,
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Att: 5
Exhibit 4 - Letter of Eric Wong Dated April 3, 2018,
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Att: 6
Exhibit 5 - Box and Packaging Produced by Defendant,
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Att: 7
Certificate of Service
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| Thursday, April 19, 2018 | ||
| 38 | 38
notice
Notice of Appearance
Thu 04/19 3:15 PM
NOTICE of Appearance by ANDREW W. FERICH on behalf of MICHELLE BARNETT, ERMIAS BETURE, DEBRA CROWNOVER, ERICA DUBOSE, EMMANUEL EJIM, EZRA GETZLER, HUGH HOLNESS, JERRY HUNG, CORRIE KASAL, DEREK LOGIUDICE, PHILLIP MITCHELL, RAYMOND PAGE, ELISHA POLOMSKI, JAMES SAMUELSON, REMIGIUSZ ZUBER (FERICH, ANDREW) |
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| Tuesday, March 27, 2018 | ||
| 37 | 37
3
pgs
order
Order
Tue 03/27 3:30 PM
ORDER APPOINTING INTERIM CLASS COUNSEL AND LIAISON COUNSEL, etc. Signed by Judge Stanley R. Chesler on 03/27/2018. (ek) |
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| 36 | 36
3
pgs
order
Opinion
Tue 03/27 3:29 PM
OPINION. Signed by Judge Stanley R. Chesler on 03/27/2018. (ek) |
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| 35 | 35
order
Stipulation and Order
Tue 03/27 1:06 PM
STIPULATION AND ORDER that Plaintiffs opposition to the Motion shall be filed on or before April 23, 2018, etc. Signed by Magistrate Judge Cathy L. Waldor on 03/26/2018. (ek) |
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misc
Pro Hac Vice Fee Received
Tue 03/27 1:53 PM
Pro Hac Vice fee as to Nicholas Migliaccio, Esq., Jason Rathod, Esq., and Esfand Nafisi, Esq. : $ 450, receipt number NEW035996. (ek) |
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notice
Notice of Pro Hac Vice counsel added
Tue 03/27 1:56 PM
Pro Hac Vice counsel, NICHOLAS A. MIGLIACCIO, Jason Rathod and Esfand Nafisi, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ek) |
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| Monday, March 26, 2018 | ||
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qc
QC - Pro Hac Vice request
Mon 03/26 4:01 PM
CLERK'S QUALITY CONTROL MESSAGE - Please be advised that the Request for Electronic Notification of Pro Hac Vice Counsel submitted by GARY GRAIFMAN on 03/01/2018 cannot be processed until pro hac counsel has been admitted and the application fee paid. Please review the Electronic Notification for Pro Hac Vice instructions on our website. Counsel is advised to resubmit the Request for Electronic Notification of Pro Hac Vice Counsel once payment has been recorded. This message is for informational purposes only. (ek) |
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| Friday, March 23, 2018 | ||
| 34 | 34
misc
Letter
Fri 03/23 11:41 AM
Letter from Gary Graifman.(GRAIFMAN, GARY) |
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Att: 1
Text of Proposed Order
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| Thursday, March 01, 2018 | ||
| 33 | 33
notice
Notice of Pro Hac Vice to Receive NEF
Thu 03/01 3:52 PM
Notice of Request by Pro Hac Vice Esfand Nafisi to receive Notices of Electronic Filings. (GRAIFMAN, GARY) |
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| 32 | 32
notice
Notice of Pro Hac Vice to Receive NEF
Thu 03/01 3:51 PM
Notice of Request by Pro Hac Vice Jason Rathod to receive Notices of Electronic Filings. (GRAIFMAN, GARY) |
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| 31 | 31
notice
Notice of Pro Hac Vice to Receive NEF
Thu 03/01 3:50 PM
Notice of Request by Pro Hac Vice Nicholas Migliaccio to receive Notices of Electronic Filings. (GRAIFMAN, GARY) |
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| Wednesday, February 28, 2018 | ||
| 30 | 30
order
Stipulation and Order
Wed 02/28 9:15 AM
STIPULATION AND CONSENT ORDER that Plaintiffs' opposition to the Motion shall be filed on or before March 23, 2018; Samsung's reply in further support of the Motion shall be due on or before April 23, 2018, etc. Signed by Magistrate Judge Cathy L. Waldor on 02/27/2018. (ek) |
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| Monday, February 26, 2018 | ||
| 29 | 29
misc
Letter
Mon 02/26 2:06 PM
Letter from Gary S. Graifman.(GRAIFMAN, GARY) |
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Att: 1
Text of Proposed Order
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| Wednesday, February 14, 2018 | ||
| 28 | 28
misc
Corporate Disclosure Statement
Wed 02/14 3:41 PM
Corporate Disclosure Statement by SAMSUNG ELECTRONICS AMERICA identifying Samsung Electronics Co. LTD as Corporate Parent.. (JAY, DAVID) |
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| Tuesday, February 13, 2018 | ||
| 27 | 27
order
Stipulation and Order
Wed 02/14 12:10 PM
STIPULATION AND ORDER that the deadline for Defendant to answer, move pursuant to Rule 12(b), or otherwise plead in response to the Consolidated Amended Complaint is extended until fourteen (14) days after the Court enters an Order deciding Defendant's Motion to Compel Arbitration.. Signed by Magistrate Judge Cathy L. Waldor on 2/13/2018. (ld, ) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Tue 02/13 9:09 AM
Set Deadlines as to26 First MOTION to Compel Arbitration and Stay of Litigation . Motion set for 3/19/2018 before Judge Stanley R. Chesler. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ek) |
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| Monday, February 12, 2018 | ||
| 26 | 26
motion
Compel
Mon 02/12 9:49 PM
First MOTION to Compel Arbitration and Stay of Litigation by SAMSUNG ELECTRONICS AMERICA.(JAY, DAVID) |
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Att: 1
Brief,
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Att: 2
Certification Maxine Dawson-Haney,
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Att: 3
Exhibit,
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Att: 4
Text of Proposed Order,
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Att: 5
Certificate of Service
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| Saturday, February 10, 2018 | ||
| 25 | 25
misc
Letter
Sat 02/10 10:45 AM
Letter from Defendant Samsung Electronic America requesting extension of time to respond to consolidated amended complaint.(JAY, DAVID) |
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Att: 1
Stipulation
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| Tuesday, January 30, 2018 | ||
| 24 | 24
2
pgs
order
Order
Tue 01/30 9:10 AM
STIPULATION AND ORDER that Samsung shall answer, move or otherwise respond to the Consolidated Amended Complaint on or before February 12, 2018; Plaintiffs' opposition to any motion in lieu of answer by Samsung shall be due forty (40) days from the filing of such motion, etc. Signed by Magistrate Judge Cathy L. Waldor on 01/29/2018. (ek) |
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utility
Update Answer Due Deadline
Tue 01/30 9:12 AM
Answer Due Deadline Update - The document23 Letter submitted by SAMSUNG ELECTRONICS AMERICA has been GRANTED. The answer due date has been set for 02/12/2018. (ek) |
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| Friday, January 26, 2018 | ||
| 23 | 23
misc
Letter
Fri 01/26 6:12 PM
Letter from Samsung Electronics America with Stipulation. (WONG, ERIC) |
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| Wednesday, January 17, 2018 | ||
| 22 | 22
3
pgs
order
Order on Motion for Leave to Appear Pro Hac Vice
Wed 01/17 9:10 AM
ORDER granting16 Motion for Leave to Appear Pro Hac Vice for Nicholas A. Migliaccio, Jason S. Rathod and Esfand Y. Nafisi, etc. Signed by Magistrate Judge Cathy L. Waldor on 01/12/2018. (ek) |
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| Tuesday, January 09, 2018 | ||
| 21 | 21
respm
Response in Support of Motion
Tue 01/09 4:59 PM
RESPONSE in Support filed by MICHELLE BARNETT, ERMIAS BETURE, DEBRA CROWNOVER, ERICA DUBOSE, EMMANUEL EJIM, EZRA GETZLER, HUGH HOLNESS, JERRY HUNG, CORRIE KASAL, DEREK LOGIUDICE, PHILLIP MITCHELL, RAYMOND PAGE, ELISHA POLOMSKI, JAMES SAMUELSON, REMIGIUSZ ZUBER re19 MOTION to Appoint Counsel Attorney: Gary S. Graifman.(GRAIFMAN, GARY) |
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Att: 1
Certificate of Service
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| Tuesday, January 02, 2018 | ||
| 20 | 20
10
pgs
respm
Memorandum in Opposition of Motion
Tue 01/02 4:55 PM
MEMORANDUM in Opposition filed by SAMSUNG ELECTRONICS AMERICA re19 MOTION to Appoint Counsel Attorney: Gary S. Graifman.(JAY, DAVID) |
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Att: 1
Certificate of Service
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| Tuesday, December 26, 2017 | ||
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Tue 12/26 9:52 AM
Set Deadlines as to19 MOTION to Appoint Counsel Attorney: Gary S. Graifman.. Motion set for 1/16/2018 before Judge Stanley R. Chesler. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ek) |
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| Friday, December 22, 2017 | ||
| 19 | 19
motion
Appoint Counsel
Fri 12/22 4:02 PM
MOTION to Appoint Counsel Attorney: Gary S. Graifman. by MICHELLE BARNETT, ERMIAS BETURE, DEBRA CROWNOVER, ERICA DUBOSE, EMMANUEL EJIM, EZRA GETZLER, HUGH HOLNESS, JERRY HUNG, CORRIE KASAL, DEREK LOGIUDICE, PHILLIP MITCHELL, RAYMOND PAGE, ELISHA POLOMSKI, JAMES SAMUELSON, REMIGIUSZ ZUBER.(GRAIFMAN, GARY) |
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Att: 1
Brief in Support of Motion,
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Att: 2
Declaration of Benjamin F. Johns,
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Att: 3
Exhibit A to Johns Declaration,
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Att: 4
Declaration of Gary S. Graifman,
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Att: 5
Exhibit A to Graifman Declaration,
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Att: 6
Declaration of Nicholas A. Migliaccio,
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Att: 7
Exhibit A to Migliaccio Declaration,
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Att: 8
Text of Proposed Order,
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Att: 9
Certificate of Service
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| Friday, December 15, 2017 | ||
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cmp
Amended Complaint
Fri 12/15 6:01 PM
AMENDED COMPLAINT against SAMSUNG ELECTRONICS AMERICA, ERICA DUBOSE, EMMANUEL EJIM, EZRA GETZLER, JERRY HUNG, CORRIE KASAL, DEREK LOGIUDICE, PHILLIP MITCHELL, REMIGIUSZ ZUBER, MICHELLE BARNETT, DEBRA CROWNOVER, RAYMOND PAGE, HUGH HOLNESS, filed by ERMIAS BETURE, JAMES SAMUELSON, ELISHA POLOMSKI.(GRAIFMAN, GARY) |
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Att: 1
Certificate of Service
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| 17 | 17
notice
Notice of Appearance
Fri 12/15 3:06 PM
NOTICE of Appearance by BENJAMIN F. JOHNS on behalf of ERMIAS BETURE, ELISHA POLOMSKI, JAMES SAMUELSON (JOHNS, BENJAMIN) |
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| Thursday, December 07, 2017 | ||
| 16 | 16
motion
Appear Pro Hac Vice
Thu 12/07 2:27 PM
MOTION for Leave to Appear Pro Hac Vice for Nicholas A. Migliaccio, Jason S. Rathod and Esfand Y. Nafisi by ERMIAS BETURE, ELISHA POLOMSKI, JAMES SAMUELSON.(GRAIFMAN, GARY) |
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Att: 1
Certification of Gary S. Graifman in support of PHV for Nicholas A. Migliaccio,
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Att: 2
Declaration of Nicholas A. Migliaccio,
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Att: 3
Certification of Gary S. Graifman in support of PHV for Jason S. Rathod,
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Att: 4
Declaration of Jason S. Rathod,
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Att: 5
Certification of Gary S. Graifman in support of PHV for Esfand Y. Nafisi,
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Att: 6
Declaration of Esfand Y. Nafisi,
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Att: 7
Text of Proposed Order,
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Att: 8
Certificate of Service
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Thu 12/07 3:22 PM
Set Deadlines as to16 MOTION for Leave to Appear Pro Hac Vice for Nicholas A. Migliaccio, Jason S. Rathod and Esfand Y. Nafisi . Motion set for 1/2/2018 before Judge Stanley R. Chesler. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ek) |
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| Friday, December 01, 2017 | ||
| 15 | 15
order
Stipulation and Order
Mon 12/04 9:46 AM
STIPULATION AND ORDER that Plaintiffs shall file a Consolidated Amended Complaint in the Beture action on or before December 15, 2017. Samsung shall answer, move or otherwise respond to the Consolidated Amended Complaint within forty-five (45) days after the filing of the Consolidated Amended Complaintby Plaintiffs.. Signed by Magistrate Judge Cathy L. Waldor on 12/1/2017. (ld, ) |
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| 14 | 14
misc
Letter
Fri 12/01 11:59 AM
Letter from Gary S. Graifman.(GRAIFMAN, GARY) |
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Att: 1
Exhibit Stipulation
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| Thursday, November 02, 2017 | ||
| 13 | 13
order
Stipulation and Order
Thu 11/02 11:12 AM
STIPULATION AND ORDER consolidating claims in the Beture and Barnett actions; The Clerk is instructed to administratively close Barnett v. Samsung Electronics America, Inc. civil action No. (17-cv-6828). Plaintiffs shall file a consolidated amended complaint in the Beture action not later than (30) days from the date of this Order, etc. Signed by Judge Stanley R. Chesler on 11/01/2017. (ek) |
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| Tuesday, October 31, 2017 | ||
| 12 | 12
notice
Notice of Appearance
Tue 10/31 3:27 PM
NOTICE of Appearance by YANGHO CHARLES SHIN on behalf of SAMSUNG ELECTRONICS AMERICA (SHIN, YANGHO) |
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| 11 | 11
notice
Notice of Appearance
Tue 10/31 2:55 PM
NOTICE of Appearance by RICHARD A. EDLIN on behalf of SAMSUNG ELECTRONICS AMERICA (EDLIN, RICHARD) |
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| 10 | 10
notice
Notice of Appearance
Tue 10/31 2:53 PM
NOTICE of Appearance by ERIC DAVID WONG on behalf of SAMSUNG ELECTRONICS AMERICA (WONG, ERIC) |
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| 9 | 9
notice
Notice of Appearance
Tue 10/31 2:49 PM
NOTICE of Appearance by DAVID JAY on behalf of SAMSUNG ELECTRONICS AMERICA (JAY, DAVID) |
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| Wednesday, October 25, 2017 | ||
| 8 | 8
misc
Stipulation
Wed 10/25 4:27 PM
STIPULATION -- Joint Stipulation Regarding Consolidation and the Filing of a Consolidated Amended Complaint by ERMIAS BETURE, ELISHA POLOMSKI, JAMES SAMUELSON. (JOHNS, BENJAMIN) |
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| Wednesday, September 20, 2017 | ||
| 7 | 7
cmp
Amended Complaint
Wed 09/20 3:20 PM
AMENDED COMPLAINT against SAMSUNG ELECTRONICS AMERICA, filed by ERMIAS BETURE, JAMES SAMUELSON, ELISHA POLOMSKI.(GRAIFMAN, GARY) |
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Att: 1
Certificate of Service
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| Wednesday, September 13, 2017 | ||
| 6 | 6
order
Stipulation and Order
Thu 09/14 8:51 AM
STIPULATION AND ORDER, Plaintiff anticipate that he will amend the Complaint, no respond to the Complaint by Samsung is necessary. Plaintiff shall file an Amended Complaint on or before 9/20/2017. Samsung shall answer, move or otherwise respond to the Amended Complaint on or before 10/31/2017. Signed by Magistrate Judge Cathy L. Waldor on 9/13/2017. (JB, ) |
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| Tuesday, September 05, 2017 | ||
| 5 | 5
misc
Stipulation
Tue 09/05 6:16 PM
STIPULATION of All Parties Setting Dates for filing of Amended Complaint and Responses by SAMSUNG ELECTRONICS AMERICA. (WONG, ERIC) |
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| Tuesday, August 22, 2017 | ||
| 4 | 4
service
Summons Returned Executed
Tue 08/22 4:50 PM
SUMMONS Returned Executed by ERMIAS BETURE, JAMES SAMUELSON, ELISHA POLOMSKI. SAMSUNG ELECTRONICS AMERICA served on 8/16/2017, answer due 9/6/2017.(GRAIFMAN, GARY) |
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Att: 1
Summons
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| Monday, August 07, 2017 | ||
| 3 | 3
service
Summons Issued
Mon 08/07 9:57 AM
SUMMONS ISSUED as to SAMSUNG ELECTRONICS AMERICA Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *ELISAVETA KALLUCI* (ek) |
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| Friday, August 04, 2017 | ||
| 2 | 2
misc
Corporate Disclosure Statement
Fri 08/04 4:46 PM
Corporate Disclosure Statement by ERMIAS BETURE, ELISHA POLOMSKI, JAMES SAMUELSON. (GRAIFMAN, GARY) |
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| 1 | 1
37
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cmp
Complaint
Fri 08/04 4:44 PM
COMPLAINT against SAMSUNG ELECTRONICS AMERICA ( Filing and Admin fee $ 400 receipt number 0312-8008319) with JURY DEMAND, filed by ERMIAS BETURE, JAMES SAMUELSON, ELISHA POLOMSKI.(GRAIFMAN, GARY) |
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Att: 1
Summons,
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Att: 2
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Fri 08/04 11:05 PM
Case Assigned to Judge Stanley R. Chesler and Magistrate Judge Cathy L. Waldor. (ak, ) |
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