Rhode Island District Court
Judge:Melissa R Dubose
Referred: Patricia A Sullivan
Case #: 1:24-cv-00038
Nature of Suit365 Torts - Personal Injury - Product Liability
Cause28:1332 Diversity-Product Liability
Case Filed:Jan 23, 2024
Last checked: Sunday Jul 21, 2024 6:01 AM EDT
Defendant
The Boppy Company, LLC
Represented By
Michaela Hinckley-Gordon
Boyle Shaughnessy Law
contact info
Scott M. Carroll
Boyle | Shaughnessy Law P.C.
contact info
Plaintiff
Italia Cotugno
Represented By
Kevin P. O'Brien
Stampone O'Brien Dilsheimer Law
contact info
Edward R. McCormick, III
Mccormick Law Offices
contact info
TERMINATED PARTIES
Defendant
Artsana S.p.A.
Terminated: 04/16/2024
Defendant
Artsana U.S.A., Inc.
Terminated: 04/16/2024
Represented By
Michaela Hinckley-Gordon
Boyle Shaughnessy Law
contact info
Scott M. Carroll
Boyle | Shaughnessy Law P.C.
contact info


Docket last updated: 4 hours ago
Thursday, May 01, 2025
34 34 motion Extension of Scheduling Order Deadlines Thu 05/01 2:44 PM
MOTION for Extension of Scheduling Order Deadlines Suppplement filed by Italia Cotugno. Responses due by 5/15/2025. (O'Brien, Kevin)
Related: [-]
Wednesday, April 30, 2025
33 33 motion Appear Pro Hac Vice Wed 04/30 4:37 PM
MOTION for J.B. Dilsheimer to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2129504 ) filed by Italia Cotugno. (McCormick, Edward)
Related: [-]
32 32 motion Appear Pro Hac Vice Wed 04/30 4:33 PM
MOTION for Sean McMonagle to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2129500 ) filed by Italia Cotugno. (McCormick, Edward)
Related: [-]
31 31 motion Extension of Scheduling Order Deadlines Wed 04/30 12:34 PM
Second MOTION for Extension of Scheduling Order Deadlines filed by Italia Cotugno. Responses due by 5/14/2025. (O'Brien, Kevin)
Related: [-]
30 30 motion Appear Pro Hac Vice Wed 04/30 9:59 AM
MOTION for Shari L. Klevens to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2129040 ) filed by The Boppy Company, LLC. (Darelius, Brandon)
Related: [-]
29 29 motion Appear Pro Hac Vice Wed 04/30 9:53 AM
MOTION for Timothy J. Storino to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2129037 ) filed by The Boppy Company, LLC. (Darelius, Brandon)
Related: [-]
order Order on Motion to Appear Pro Hac Vice Wed 04/30 10:52 AM
TEXT ORDER granting29 Motion to Appear Pro Hac Vice of Timothy J. Storino. So Ordered by District Judge Melissa R. DuBose on 4/30/2025. (Hill, Cherelle)
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order Order on Motion to Appear Pro Hac Vice Wed 04/30 10:56 AM
TEXT ORDER granting30 Motion to Appear Pro Hac Vice of Shari L. Klevens. So Ordered by District Judge Melissa R. DuBose on 4/30/2025. (Hill, Cherelle)
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order Order on Motion to Appear Pro Hac Vice Wed 04/30 4:41 PM
TEXT ORDER granting32 Motion to Appear Pro Hac Vice of Sean McMonagle. So Ordered by District Judge Melissa R. DuBose on 4/30/2025. (Hill, Cherelle)
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order Order on Motion to Appear Pro Hac Vice Wed 04/30 4:44 PM
TEXT ORDER granting33 Motion to Appear Pro Hac Vice of J.B Dilsheimer. So Ordered by District Judge Melissa R. DuBose on 4/30/2025. (Hill, Cherelle)
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Tuesday, March 11, 2025
28 28 order Protective Order Tue 03/11 4:46 PM
PROTECTIVE ORDER entered. So Ordered by District Judge Melissa R. DuBose on 3/11/2025. (Urizandi, Nissheneyra)
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Wednesday, February 26, 2025
27 27 notice Notice (Other) Wed 02/26 10:46 AM
NOTICE by The Boppy Company, LLC Joint Proposed Order (Darelius, Brandon)
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Thursday, February 20, 2025
order Order on Motion for Extension of Scheduling Order Deadlines Thu 02/20 2:04 PM
TEXT ORDER granting26 Motion for Extension of Scheduling Order Deadlines. Factual Discovery to close by 5/19/2025; Plaintiff's Expert Disclosures shall be made by 6/18/2025; Defendants' Expert Disclosures shall be made by 8/18/2025; Plaintiff's Expert Rebuttal Report shall be made by 9/17/2025; Expert Discovery to close by 11/17/2025; and Dispositive Motions due by 12/17/2025. So Ordered by District Judge Melissa R. DuBose on 2/20/2025. (Urizandi, Nissheneyra)
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Wednesday, February 19, 2025
order Order Wed 02/19 10:55 AM
TEXT ORDER: Following an in camera review of the records produced by DCYF, in compliance with the Court's January 22, 2025 Text Order, the Court has determined that the records are relevant to this matter. The Court hereby instructs the parties to submit a joint proposed protective order for its review by February 26, 2025. Plaintiff and Defendants are directed to pick up their copy of the records from the Clerk's Office once the protective order is entered. So Ordered by District Judge Melissa R. DuBose on 2/19/2025. (Urizandi, Nissheneyra)
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Friday, February 14, 2025
26 26 motion Extension of Scheduling Order Deadlines Fri 02/14 7:21 PM
Joint MOTION for Extension of Scheduling Order Deadlines by ninety (90) days filed by The Boppy Company, LLC. Responses due by 2/28/2025. (Darelius, Brandon)
Related: [-]
Wednesday, January 22, 2025
order Order on Motion to Quash Wed 01/22 4:26 PM
TEXT ORDER: DCYF's ("Department's") Motion to Quash (ECF No.22 ) is DENIED. The Department must produce any and all records to the Court for in camera review by February 21, 2025. Should the Court determine any records are relevant they will be provided to counsel with an appropriate protective order. If no responsive records exist covering the time period from decedent's date of birth through January 27, 2021, the Department shall notify the Court in writing by February 5, 2025. So Ordered by District Judge Melissa R. DuBose on 1/22/2025. (Urizandi, Nissheneyra)
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Tuesday, January 14, 2025
order Order Reassigning Case Tue 01/14 5:13 PM
TEXT ORDER: This matter is hereby transferred to the calendar of District Judge Melissa R. DuBose for all further proceedings. Senior District Judge William E. Smith no longer assigned to case. So Ordered by Senior District Judge William E. Smith on 1/14/2025.(Simoncelli, Michael)
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Tuesday, December 10, 2024
25 25 notice Notice of Appearance Tue 12/10 11:12 AM
NOTICE of Appearance by Brandon Darelius on behalf of The Boppy Company, LLC (Darelius, Brandon)
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Friday, November 22, 2024
24 24 notice Notice (Other) Fri 11/22 2:53 PM
NOTICE by The Boppy Company, LLC of Withdrawal of Appearance (Hinckley-Gordon, Michaela)
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Friday, November 08, 2024
23 23 respm Response to Motion Fri 11/08 11:40 AM
RESPONSE In Opposition to22 First MOTION to Quash Subpoena filed by The Boppy Company, LLC. Replies due by 11/15/2024.(Hinckley-Gordon, Michaela)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B
Monday, October 28, 2024
minutes Discovery Hearing Wed 11/13 10:45 AM
Minute Entry for proceedings held before District Judge William E. Smith: Discovery Hearing held on 10/28/2024. (E. McCormick, M. Hinckley, Gordon) (Zoom at 2:30 PM) (Urizandi, Nissheneyra)
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Friday, October 25, 2024
22 22 motion Quash Fri 10/25 1:48 PM
First MOTION to Quash Subpoena filed by Rhode Island Department of Children Youth and Families. Responses due by 11/8/2024. (Bedford, Neville)
Related: [-]
Friday, October 18, 2024
notice Notice of Hearing (Form Attached) Fri 10/18 2:42 PM
NOTICE of Hearing: Discovery Dispute Conference set for 10/28/2024 at 2:30 PM by Remote Hearing before District Judge William E. Smith. This is a non-public conference for attorneys of record only. (Zoom Meeting ID: 160 108 4470, Passcode: 444848) (Urizandi, Nissheneyra)
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Thursday, October 10, 2024
order Order on Motion to Compel Thu 10/10 9:29 AM
TEXT ORDER denying without prejudice Defendant's21 Motion to Compel, because Defendant failed to request an informal conference with the Court before filing its motion. See Pretrial Scheduling Order 3, ECF No. 19. Accordingly, the21 Motion to Compel is DENIED without prejudice. So Ordered by District Judge William E. Smith on 10/10/2024. (Urizandi, Nissheneyra)
Related: [-]
Tuesday, October 08, 2024
21 21 motion Compel Tue 10/08 10:04 AM
MOTION to Compel Plaintiff's Answers and Responses filed by The Boppy Company, LLC. Responses due by 10/22/2024. (Hinckley-Gordon, Michaela)
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Thursday, May 30, 2024
20 20 notice Notice (Other) Thu 05/30 2:59 PM
NOTICE by The Boppy Company, LLC of Initial Disclosures (Carroll, Scott)
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Friday, May 17, 2024
19 19 order Scheduling Order (form attached) Fri 05/17 4:22 PM
PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 7/15/2024; Joinder of Parties due by 7/15/2024; Factual Discovery to close by 2/17/2025; Plaintiff's Expert Disclosures shall be made by 3/19/2025; Defendants' Expert Disclosures shall be made by 5/18/2025; Plaintiff's Expert Rebuttal Reports shall made by June 17, 2025; Expert Discovery to close by 8/19/2025; Dispositive Motions due by 9/20/2025; and Pretrial Memorandum due by 9/20/2025 or 30 days after a decision on any dispositive motions. So Ordered by District Judge William E. Smith on 5/17/2024. (Urizandi, Nissheneyra)
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Thursday, May 16, 2024
minutes Rule 16 Conference Fri 05/17 3:23 PM
Minute Entry for proceedings held before District Judge William E. Smith: Rule 16 Conference held on 5/16/2024. (Ed. McCormick, K. O'Brien, S. Carroll, M. Hinckley-Gordon) Clerk to enter the revised proposed scheduling order that counsel will be sending by email. (Zoom at 9:35 AM) (Urizandi, Nissheneyra)
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Tuesday, May 14, 2024
notice Notice of Hearing (Form Attached) Tue 05/14 2:11 PM
NOTICE of Hearing: Rule 16 Conference rescheduled set for 5/16/2024 at 9:30 AM via Remote Hearing before District Judge William E. Smith. This is a non-public conference for attorneys of record only. (Zoom Meeting ID: 160 321 2154, Passcode: 555148) (Urizandi, Nissheneyra)
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Thursday, May 09, 2024
18 18 misc Rule 16 Statement Thu 05/09 7:51 PM
RULE 16 STATEMENT by Italia Cotugno. (O'Brien, Kevin)
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Friday, April 26, 2024
17 17 notice Notice of Hearing (Form Attached) Fri 04/26 3:09 PM
NOTICE of Hearing: Rule 16 Conference set for 5/16/2024 at 2:00 PM via Remote Hearing before District Judge William E. Smith. This is a non-public conference for attorneys of record only. (Zoom Meeting ID: 160 321 2154, Passcode: 555148) (Urizandi, Nissheneyra)
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Tuesday, April 16, 2024
order Order on Motion to Dismiss/Lack of Jurisdiction Tue 04/16 2:43 PM
TEXT ORDER granting Plaintiffs'15 Uncontested Motion to Discontinue Action as to Less than All Parties. Defendants Artsana U.S.A., Inc. d/b/a Chicco and Artsana S.P.A. d/b/a Artsana Group are dismissed from the case under Federal Rule of Civil Procedure 41(a)(2) without prejudice. Consequently, Defendants10 Motion to Dismiss Based Upon Lack of Personal Jurisdiction is DENIED as MOOT. So Ordered by District Judge William E. Smith on 4/16/2024. (Urizandi, Nissheneyra)
Related: [-]
Monday, April 15, 2024
16 16 respm Response to Motion Mon 04/15 7:59 PM
RESPONSE In Opposition to10 MOTION to Dismiss for Lack of Jurisdiction filed by Italia Cotugno. Replies due by 4/22/2024.(O'Brien, Kevin)
Related: [-]
Att: 1 Order
15 15 motion Dismiss Mon 04/15 7:57 PM
First MOTION to Dismiss Less than All Defendants Pursuant to Rule 41(2) filed by Italia Cotugno. Responses due by 4/29/2024.(O'Brien, Kevin)
Related: [-]
Att: 1 Order
Thursday, April 11, 2024
14 14 service Affidavit of Service Thu 04/11 1:31 PM
AFFIDAVIT of Service, filed by Italia Cotugno for Summons and Complaint Artsana U.S.A., Inc. served on 3/22/2024, answer due 4/12/2024. (O'Brien, Kevin)
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Monday, April 08, 2024
order Order on Motion for Extension of Time to File Response/Reply Mon 04/08 10:56 AM
TEXT ORDER granting13 Motion for Extension of Time to File Response re10 Motion to Dismiss. Responses due by 4/15/2024. So Ordered by District Judge William E. Smith on 4/8/2024. (Urizandi, Nissheneyra)
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Friday, April 05, 2024
13 13 motion Extension of Time to File Response/Reply Fri 04/05 4:06 PM
MOTION for an Extension of Time to File Response/Reply as to10 MOTION to Dismiss for Lack of Jurisdiction filed by Italia Cotugno. Responses due by 4/19/2024.(McCormick, Edward)
Related: [-]
Att: 1 order
Wednesday, March 27, 2024
12 12 motion Appear Pro Hac Vice Wed 03/27 2:25 PM
MOTION for Kevin O'Brien to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-1977569 ) filed by Italia Cotugno.(McCormick, Edward)
Related: [-]
Att: 1 Exhibit certificate good standing,
Att: 2 Exhibit certificate of good standing,
Att: 3 Exhibit certificate of good standing
order Order on Motion to Appear Pro Hac Vice Wed 03/27 2:42 PM
TEXT ORDER granting12 Motion to Appear Pro Hac Vice of Kevin P. O'Brien. So Ordered by District Judge William E. Smith on 3/27/2024. (Gonzalez Gomez, Viviana)
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Friday, March 22, 2024
11 11 answer Answer to Complaint Fri 03/22 11:24 AM
ANSWER to Complaint by The Boppy Company, LLC.(Carroll, Scott)
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10 10 motion Dismiss/Lack of Jurisdiction Fri 03/22 10:32 AM
MOTION to Dismiss for Lack of Jurisdiction filed by Artsana U.S.A., Inc.. Responses due by 4/5/2024.(Carroll, Scott)
Related: [-]
Att: 1 Supporting Memorandum,
Att: 2 Exhibit Exhibit A
Friday, February 23, 2024
order Order Entering Stipulation Fri 02/23 4:14 PM
TEXT Order Entering8 STIPULATION. So Ordered by District Judge William E. Smith on 2/23/2024. (Potter, Carrie)
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utility Set/Reset Deadlines Fri 02/23 4:15 PM
Set/Reset Deadlines: Artsana U.S.A., Inc. answer due 3/22/2024; The Boppy Company, LLC answer due 3/22/2024. (Potter, Carrie)
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Thursday, February 15, 2024
9 9 service Summons Returned Executed Thu 02/15 1:05 PM
SUMMONS Returned Executed by Italia Cotugno. The Boppy Company, LLC served on 2/6/2024, answer due 2/27/2024. (McCormick, Edward)
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Monday, February 12, 2024
8 8 misc Stipulation Mon 02/12 1:35 PM
STIPULATION re1 Complaint Extension of Time filed by Artsana U.S.A., Inc., The Boppy Company, LLC. (Hinckley-Gordon, Michaela)
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7 7 notice Notice of Appearance Mon 02/12 1:26 PM
NOTICE of Appearance by Michaela Hinckley-Gordon on behalf of Artsana U.S.A., Inc., The Boppy Company, LLC (Hinckley-Gordon, Michaela)
Related: [-]
6 6 notice Notice of Appearance Mon 02/12 1:21 PM
NOTICE of Appearance by Scott M. Carroll on behalf of Artsana U.S.A., Inc., The Boppy Company, LLC (Carroll, Scott)
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Monday, January 29, 2024
5 5 service Summons Reissued Mon 01/29 2:06 PM
Summons Reissued as to The Boppy Company, LLC. (Gonzalez Gomez, Viviana)
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4 4 service Summons Request Mon 01/29 1:08 PM
Summons Request filed by Italia Cotugno. (McCormick, Edward)
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Thursday, January 25, 2024
3 3 service Summons Issued Thu 01/25 10:26 AM
Summons Issued as to Artsana S.p.A., Artsana U.S.A., Inc., The Boppy Company, LLC. (Gonzalez Gomez, Viviana)
Related: [-]
Att: 1 Summons Issued as to Artsana S.p.A.,
Att: 2 Summons Issued as to Artsana U.S.A., Inc.
2 2 notice Case Opening Notice (Form Attached) Thu 01/25 10:15 AM
CASE OPENING NOTICE ISSUED (Gonzalez Gomez, Viviana)
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utility Case Assigned/Reassigned Thu 01/25 10:15 AM
Case assigned to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana)
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Wednesday, January 24, 2024
1 1 cmp Complaint - New Case Wed 01/24 4:18 PM
COMPLAINT ( filing fee paid $ 405.00, receipt number ARIDC-1956698 ), filed by Italia Cotugno.(McCormick, Edward)
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Att: 1 Civil Cover Sheet,
Att: 2 summons artisana spa,
Att: 3 summons artisana usa,
Att: 4 summons boppy