Barone v. Bausch & Lomb, Inc.
Federal Civil Lawsuit New York Western District Court, Case No. 6:17-cv-06877
District Judge Elizabeth A. Wolford, presiding

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Last Updated February 28, 2019 at 12:13 AM ST (2.6 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Joseph Barone, Plaintiff

Toggle Switch Represented by Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Marco Cercone +1 716 854 3400 +1 716 332 0336 cercone@ruppbaase.com
ATTORNEY TO BE NOTICED R. Anthony Rupp, III +1 716 854 3400 +1 716 332 0336 rupp@ruppbaase.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jill Liane Yonkers +1 716 854 3400 yonkers@ruppbaase.com

Toggle Switch Represented by The Sultzer Group PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY Joseph Lipari +1 646 722 4266 +1 888 749 7747 liparij@thesultzerlawgroup.com

Toggle Switch Represented by The Sultzer Law Group PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jason Sultzer +1 212 618 1938
v.
No Logo Bausch & Lomb, Inc., Defendant

Toggle Switch Represented by Greenberg Traurig, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Lori Gail Cohen +1 678 553 2385 +1 678 553 2386 cohenl@gtlaw.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Daniel I.A. Smulian +1 212 801 2271 +1 212 805 9484 smuliand@gtlaw.com
No Logo FCI Opthalmics, Inc., Defendant

Toggle Switch Represented by Arent Fox LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Patrick B. Naylon +1 585 295 8320 +1 585 295 8300 pnaylon@goldbergsegalla.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY James Michael Paulino +1 585 295 8351 jpaulino@goldbergsegalla.com
No Logo Morcher GmbH, Defendant

Toggle Switch Represented by Reed Smith LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Oliver K. Beiersdorf +1 212 549 0415 +1 212 521 5450 obeiersdorf@reedsmith.com
Citation Section 28 U.S.C. § 1441
Nature of Suit 365 - Personal Injury: Product Liability
  Entries (51) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 41 Filed: 10/19/2018, Entered: None Reply/Response
REPLY/RESPONSE to re [33] Motion Hearing,,, [6] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Amended Complaint filed by Bausch & Lomb, Inc.. (Smulian, Daniel)
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    Legal Document (Payment Possibly Required) 40 Filed: 10/8/2018, Entered: None Memorandum in opposition
    MEMORANDUM IN OPPOSITION re [1] Notice of Removal, [31] Text Order,, re: DKT 31 and Dkt 1 by Joseph Barone. (Sultzer, Jason)
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      Legal Document (Payment Possibly Required) 39 Filed: 9/17/2018, Entered: None Memorandum In Support
      MEMORANDUM IN SUPPORT re [31] Text Order,, / Defendants Morcher GmbH and FCI Opthalmics, Inc.'s Response to the Court's Order (Dkt. No. 31) Regarding Subject Matter Jurisdiction byMorcher GmbH. (Attachments: # (1) Exhibit 1 (FDA Premarket Approval Letter for Morcher Capsular Tension Ring (PMA No. P010059), dated October 23, 2003), # (2) Exhibit 2 (FDA Summary of Safety and Effectiveness Data for Morcher Capsular Tension Ring (PMA No. P010059), dated October 23, 2003))(Beiersdorf, Oliver)
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        Legal Document (Payment Possibly Required) 38 Filed: 9/17/2018, Entered: None Memorandum In Support
        MEMORANDUM IN SUPPORT re [1] Notice of Removal, Subject Matter Jurisdiction byBausch & Lomb, Inc.. (Smulian, Daniel)
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          Legal Document (Payment Possibly Required) 37 Filed: 9/12/2018, Entered: None Order on Motion for Pro Hac Vice
          TEXT ORDER granting [36] Motion to appear pro hac vice for Joseph Lipari and Jason P. Sultzer. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/12/2018. (PFC) -CLERK TO FOLLOW UP-
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            Legal Document (Payment Possibly Required) 36 Filed: 9/10/2018, Entered: None Motion to appear pro hac vice
            MOTION to appear pro hac vice for Joseph Lipari and Jason P. Sultzer ( Filing fee $ 150 receipt number 0209-3214049.) by Joseph Barone. (Attachments: # (1) Declaration Sponsoring Declaration of Jill L. Yonkers, Esq., # (2) Affidavit Sponsoring Affidavit of Jill L. Yonkers, Esq., # (3) Supplement Joseph Lipari Admission Petition Form, # (4) Supplement Joseph Lipari Attorney's Oath, # (5) Supplement Joseph Lipari Civility Principles Oath, # (6) Supplement Joseph Lipari Database Form, # (7) Supplement Joseph Lipari CM ECF Registration Form, # (8) Supplement Jason P. Sultzer Admission Petition Form, # (9) Supplement Jason P. Sultzer Attorney's Oath, # (10) Supplement Jason P. Sultzer Civility Principles Oath, # (11) Supplement Jason P. Sultzer Attorney Database Form, # (12) Supplement Jason P. Sultzer CM ECF Registration Form)(Yonkers, Jill)
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              Legal Document (Payment Possibly Required) 35 Filed: 9/10/2018, Entered: None Notice of appearance
              NOTICE of Appearance by Jill Liane Yonkers on behalf of Joseph Barone (Yonkers, Jill)
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                Legal Document (Payment Possibly Required)  Filed: 9/10/2018, Entered: None Filing Fee Received
                Pro Hac Vice fee received for 36 Motion: $150.00, receipt number 0209-3214024. Motion contains admission requests for two attorneys, thus two payments have been made. (LB)
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                  Legal Document (Payment Possibly Required) 34 Filed: 9/6/2018, Entered: None Text Order
                  TEXT ORDER. It has come to the Court's attention that on December 20, 2017, the Clerk's Office informed Plaintiff's attorneys Jason Sultzer, Esq., and Joseph Lipari, Esq., that they were required to seek admittance to this District by filing a certificate of good standing or a pro hac vice application. (Dkt. 5). According to the Court's records, neither Mr. Sultzer nor Mr. Lipari have complied with this directive. This is especially troubling given that Mr. Lipari appeared before the Court on August 27, 2018, having never sought admittance to this District. Accordingly, Mr. Sultzer and Mr. Lipari are ordered to seek admittance to this District by filing a certificate of good standing or a pro hac vice application, in compliance with this District's Local Rules of Civil Procedure, by September 13, 2018. The failure to do so may result in appropriate sanctions against counsel and/or the party they represent. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/6/2018. (PFC) (A copy of this Text Order has been mailed to both attorneys)
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                    Legal Document (Payment Possibly Required)  Filed: 9/6/2018, Entered: None Remark
                    Remark: a copy of Minute Entry (Dkt. 33) was mailed to Jason Sultzer, Esq. and Joseph Lipari, Esq. at the address of The Sultzer Law Group, P.C., 14 Wall Street, 20th Floor, New York, NY 10005. (DPS)
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                      Legal Document (Payment Possibly Required) 32 Filed: 8/29/2018, Entered: None transcriptCourt Filing
                      NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/27/2018, before Judge Elizabeth A. Wolford. Court Reporter/Transcriber Karen J. Bush, Telephone number 5858-613-4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/19/2018. Redacted Transcript Deadline set for 10/1/2018. Release of Transcript Restriction set for 11/27/2018. (BK)
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                        Legal Document (Payment Possibly Required) 33 Filed: 8/27/2018, Entered: None Motion Hearing
                        Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Joseph Lipari, Esq. for plaintiff Joseph Barone, Daniel I.A. Smulian, Esq. for defendant Bausch & Lomb, Inc., Arnold VonWaldow, Esq. for defendant Morcher GmbH, James Michael Paulino, II, Esq. for defendant FCI Opthalmics, Inc. Motion Hearing held on 8/27/2018 re [6] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Amended Complaint filed by Bausch & Lomb, Inc. Court reserves decision. Defendants shall file further briefing on the issue of subject matter jurisdiction on or before 9/17/18. Plaintiff shall file any response on or before 10/8/2018. Defendants may file any replies on or before 10/19/2018. Upon receipt of all papers, the Court will determine whether oral argument is necessary, and, if so, inform the parties of the date and time. (Court Reporter Karen Bush.) (DPS)
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                          Legal Document (Payment Possibly Required) 31 Filed: 8/27/2018, Entered: None Text Order
                          TEXT ORDER. As discussed with counsel during the motion hearing today, Defendants shall file further briefing on the issue of subject matter jurisdiction on or before 9/17/18. Plaintiff shall file any response on or before 10/8/2018. Defendants may file any replies on or before 10/19/2018. Upon receipt of all papers, the Court will determine whether oral argument is necessary, and, if so, inform the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/27/18. (PFC)
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                            Legal Document (Payment Possibly Required) 30 Filed: 8/9/2018, Entered: None Remark
                            Remark: A copy of the Text Order at Docket 29 was mailed to Plaintiff's counsel. (ZML)
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                              Legal Document (Payment Possibly Required) 29 Filed: 8/9/2018, Entered: None Text Order
                              TEXT ORDER. Pursuant to Defendant Morcher GmbH's consent letter, dated August 9, 2018, the argument before the undersigned is hereby adjourned to August 27, 2018, at 4:00 PM at U.S. Courthouse, 100 State St., Rochester, NY 14614. Please note that this is a time change only. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/9/18. (ZML)
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                                Legal Document (Payment Possibly Required) 28 Filed: 8/8/2018, Entered: None Order
                                ORDER granting plaintiff's letter request to reschedule Oral Argument. Hearing is rescheduled for 8/27/2018 11:00 AM in US Courthouse, 100 State Street, Rochester NY 14614. Signed by Hon. Elizabeth A. Wolford on 8/8/2018. (LB)
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                                  Legal Document (Payment Possibly Required) 27 Filed: 6/22/2018, Entered: None Text Order
                                  TEXT ORDER regarding [6] Motion to Dismiss. A motion hearing (oral argument) is set for Thursday, August 9, 2018, at 2:00 P.M. at U.S. Courthouse, 100 State St., Rochester, NY 14614. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 6/22/18. (ZML)
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                                    Legal Document (Payment Possibly Required)  Filed: 6/22/2018, Entered: None Remark
                                    Remark: A copy of the Text Order at Dkt. 27 was mailed to Attorneys Sultzer and Lipari. (ZML)
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                                      Legal Document (Payment Possibly Required) 26 Filed: 2/14/2018, Entered: None Reply to Response to motion
                                      REPLY to Response to Motion re [6] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Amended Complaint filed by Bausch & Lomb, Inc.. (Smulian, Daniel)
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                                        Legal Document (Payment Possibly Required) 25 Filed: 2/7/2018, Entered: None MEMORANDUM in Opposition to Motion
                                        MEMORANDUM in Opposition re [6] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Amended Complaint filed by Joseph Barone. (Attachments: # (1) Affidavit of John L. Garwood, M.D. in oppositioin to Defendant Bausch & Lomb's Motion to Dismiss)(Rupp, R.)
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                                          Legal Document (Payment Possibly Required) 24 Filed: 2/7/2018, Entered: None Notice of appearance
                                          NOTICE of Appearance by R. Anthony Rupp, III on behalf of Joseph Barone (Rupp, R.)
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                                            Legal Document (Payment Possibly Required) 23 Filed: 1/16/2018, Entered: None Notice of appearance
                                            NOTICE of Appearance by Lori G. Cohen on behalf of Bausch & Lomb, Inc. (Cohen, Lori)
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                                              Legal Document (Payment Possibly Required) 22 Filed: 1/16/2018, Entered: None Remark
                                              Remark: A copy of the Text Order at Docket 21 was mailed to attorneys Jason Sultzer and Joseph Lipari. (ZML)
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                                                Legal Document (Payment Possibly Required) 21 Filed: 1/16/2018, Entered: None Order on motion for extension of time to file Response/Reply
                                                TEXT ORDER granting [20] Consent Motion for Extension of Time. Plaintiff's response to Defendant Bausch & Lomb, Inc.'s [6] Motion to Dismiss is due on or before 2/7/18. Defendant's reply is due on or before 2/14/18. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 1/16/18. (ZML)
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                                                  Legal Document (Payment Possibly Required) 20 Filed: 1/12/2018, Entered: None motion for extension of time to file response/reply
                                                  Consent MOTION for Extension of Time to File Response/Reply to defendants' motion to dismiss by Joseph Barone.(Cercone, Marco)
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                                                    Legal Document (Payment Possibly Required) 19 Filed: 1/12/2018, Entered: None Notice of appearance
                                                    NOTICE of Appearance by Marco Cercone on behalf of Joseph Barone (Cercone, Marco)
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                                                      Legal Document (Payment Possibly Required) 18 Filed: 1/12/2018, Entered: None Corporate Disclosure Statement
                                                      Corporate Disclosure Statement by FCI Opthalmics, Inc.. (Paulino, James)
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                                                        Legal Document (Payment Possibly Required) 17 Filed: 1/8/2018, Entered: None Remark
                                                        Remark: A copy of the Text Order at Docket 16 was mailed to Plaintiff's attorneys. (ZML)
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                                                          Legal Document (Payment Possibly Required) 16 Filed: 1/8/2018, Entered: None Order on Motion for extension of time to answer
                                                          TEXT ORDER granting [15] Consent Motion for Extension of Time. Defendant Bausch & Lomb, Inc.'s answer or responsive pleading with respect to the cross-claims asserted against it in Defendant FCI Ophthalmics, Inc.'s [1-2 at 30] Answer are due within 14 days after this Court's Decision and Order regarding Defendant's Bausch & Lomb, Inc's pending [6] Motion to Dismiss. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 1/8/18. (ZML)
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                                                            Legal Document (Payment Possibly Required) 15 Filed: 1/8/2018, Entered: None motion for extension of time to file answer
                                                            Consent MOTION for Extension of Time to File Answer to cross-claims asserted against B&L by co-defendant FCI Ophthalmics by Bausch & Lomb, Inc..(Smulian, Daniel)
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                                                              Legal Document (Payment Possibly Required) 14 Filed: 1/8/2018, Entered: None Answer
                                                              ANSWER to Complaint /FCI Ophthalmics, Inc's Cross Claims by Morcher GmbH. (Attachments: # (1) Affidavit of Service)(Beiersdorf, Oliver)
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                                                                Legal Document (Payment Possibly Required) 13 Filed: 1/5/2018, Entered: None claim
                                                                CLAIM / Answer to FCI Ophthalmics, Inc.'s Cross Claims Subject to Objection to Jurisdiction & Improper Forum by Morcher GmbH. (Attachments: # (1) Affidavit of Service re Answer to Cross Claim and Rule 7.1)(Beiersdorf, Oliver)
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                                                                  Legal Document (Payment Possibly Required) 12 Filed: 1/5/2018, Entered: None Corporate Disclosure Statement
                                                                  Corporate Disclosure Statement by Morcher GmbH. (Beiersdorf, Oliver)
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                                                                    Legal Document (Payment Possibly Required)  Filed: 1/5/2018, Entered: None E-Filing Notification
                                                                    E-Filing Notification: re 13 CLAIM/Answer to FCI Ophthalmics, Inc.'s Cross Claims Subject to Objection to Jurisdiction & Improper Forum by Morcher GmbH. (Attachments: # (1) Affidavit of Service re Answer to Cross Claim and Rule 7.1)(Beiersdorf, Oliver) This document appears to be an answer and Not a Claim. **Action Required - re-file as an answer. (BK)
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                                                                      Legal Document (Payment Possibly Required)  Filed: 1/5/2018, Entered: None Remark
                                                                      ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD)
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                                                                        Legal Document (Payment Possibly Required)  Filed: 1/5/2018, Entered: None Unknown Document Type
                                                                        E-Filing Notification: re 13 CLAIM/Answer to FCI Ophthalmics, Inc.'s Cross Claims Subject to Objection to Jurisdiction & Improper Forum by Morcher GmbH. (Attachments: # 1 Affidavit of Service re Answer to Cross Claim and Rule 7.1)(Beiersdorf, Oliver) This document appears to be an answer and Not a Claim. **Action Required - re-file as an answer. (BK)
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                                                                          Legal Document (Payment Possibly Required) 11 Filed: 12/28/2017, Entered: None Notice of appearance
                                                                          NOTICE of Appearance by James Michael Paulino, II on behalf of FCI Opthalmics, Inc. (Paulino, James)
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                                                                            Legal Document (Payment Possibly Required) 10 Filed: 12/28/2017, Entered: None Remark
                                                                            Remark: A copy of the Text Order at Docket 9 was mailed to Plaintiff's attorneys. (ZML)
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                                                                              Legal Document (Payment Possibly Required) 9 Filed: 12/28/2017, Entered: None Text Order
                                                                              TEXT ORDER regarding [6] Motion to Dismiss. Response is due on or before 1/17/18. Reply is due on or before 1/24/18. Upon receipt of all papers, the Court will determine if oral argument is necessary, and, if so, inform the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/28/17. (ZML)
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                                                                                Legal Document (Payment Possibly Required) 8 Filed: 12/27/2017, Entered: None Certificate of service
                                                                                CERTIFICATE OF SERVICE by Bausch & Lomb, Inc. re [7] Memorandum in Support of Motion, [6] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Amended Complaint (Smulian, Daniel)
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                                                                                  Legal Document (Payment Possibly Required) 7 Filed: 12/27/2017, Entered: None memorandum in support of motion
                                                                                  MEMORANDUM in Support re [6] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Amended Complaint filed by Bausch & Lomb, Inc.. (Smulian, Daniel)
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                                                                                    Legal Document (Payment Possibly Required) 6 Filed: 12/27/2017, Entered: None Motion to dismiss for failure to state a claim
                                                                                    MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Amended Complaint by Bausch & Lomb, Inc..(Smulian, Daniel)
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                                                                                      Legal Document (Payment Possibly Required) 5 Filed: 12/20/2017, Entered: None Certificate of service
                                                                                      CERTIFICATE OF SERVICE by Bausch & Lomb, Inc. re [4] Corporate Disclosure Statement, [3] Jury Demand, [2] Continuation of Exhibits, [1] Notice of Removal, (Smulian, Daniel)
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                                                                                        Legal Document (Payment Possibly Required) 4 Filed: 12/20/2017, Entered: None Corporate Disclosure Statement
                                                                                        Corporate Disclosure Statement by Bausch & Lomb, Inc. identifying Corporate Parent Bausch & Lomb Holdings Incorporated, Corporate Parent Valeant Pharmaceuticals International, Inc. for Bausch & Lomb, Inc... (Smulian, Daniel)
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                                                                                          Legal Document (Payment Possibly Required) 3 Filed: 12/20/2017, Entered: None Jury Demand
                                                                                          DEMAND for Trial by Jury by Bausch & Lomb, Inc.. (Smulian, Daniel)
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                                                                                            Legal Document (Payment Possibly Required) 2 Filed: 12/20/2017, Entered: None Continuation of Exhibits
                                                                                            CONTINUATION OF EXHIBITS by Bausch & Lomb, Inc.. to [1] Notice of Removal, Civil Cover Sheet filed by Bausch & Lomb, Inc.. (Smulian, Daniel)
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                                                                                              Legal Document (Payment Possibly Required) 1 Filed: 12/20/2017, Entered: None notice of removal
                                                                                              NOTICE OF REMOVAL by Bausch & Lomb, Inc. from Supreme Court, Monroe County, case number E2017000711. (Filing fee $ 400 receipt number 0209-2979011), filed by Bausch & Lomb, Inc.. (Attachments: # (1) Exhibit A - State Court Docket, # (2) Exhibit B - State Court Documents, # (3) Exhibit C - Consent to Remove of Defendant Morcher GmbH)(Smulian, Daniel)
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                                                                                                Legal Document (Payment Possibly Required)  Filed: 12/20/2017, Entered: None Remark
                                                                                                Notice sent to the MDL. (JHF)
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                                                                                                  Legal Document (Payment Possibly Required)  Filed: 12/20/2017, Entered: None Automatic Referral to Mediation
                                                                                                  AUTOMATIC REFERRAL to Mediation. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JHF)
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                                                                                                    Legal Document (Payment Possibly Required)  Filed: 12/20/2017, Entered: None Notice of Availability of Magistrate Judge
                                                                                                    Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (JHF)
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                                                                                                      Legal Document (Payment Possibly Required)  Filed: 12/20/2017, Entered: None Case Assigned/Reassigned
                                                                                                      Case assigned to Hon. Elizabeth A. Wolford. Notification to chambers of on-line civil case opening. (JHF)
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