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This case was last updated from PACER on 06/08/2021 at 08:41:55 (UTC).

Dahlgren v. Bayer Healthcare LLC et al

Case Summary

On April 9, 2021, Darlene Dahlgren, on behalf of herself and all others similarly situated, (“Plaintiff”), represented by Alex Rafael Straus of Greg Coleman Law, filed a consumer class-action lawsuit against Bayer Healthcare, LLC and Elanco Animal Health, Inc. (collectively, “Defendants”), seeking injunction, damages among other reliefs, for the alleged injury caused to Plaintiff by selling dangerous flea and tick collars for their pets. This case was filed in the U.S. District Court for the Southern District of New York with Judge Analisa Torres presiding.

 

The Plaintiff brings this action on behalf of herself and as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure on behalf of members of the following Class: All persons within the State of New York who purchased the Products from the beginning of the applicable statutory period through present (the “Class”).

 

In the complaint, the Plaintiff alleged that “Defendants have long known about the dangers associated with use of the Products, since introduction of the Products into the consumer marketplace in 2012. However, Defendants have actively and fraudulently concealed this information from unwitting consumers. Accordingly, consumers remain unaware of these serious risks, because Defendants refuse to disclose this important information—or otherwise actively conceal it. Defendants’ marketing of Seresto Collars never discloses the serious risks posed by the Product to the pet wearing the collar, to other pets nearby, to the pet owner, or to others in the immediate vicinity, including family members, including risk of irritation, rashes, hair loss, gastrointestinal problems, seizures, and even death.” Furthermore, “Specifically, Defendants’ Seresto brand flea and tick collars (“Seresto Collars” or the “Products”) purport to prevent fleas and ticks on dogs and cats by releasing small amounts of pesticides onto the pets over time. However, the harm inflicted by Seresto Collars far outweighs any benefits of flea or tick prevention that the Products might offer.”

 

The Plaintiff further alleged that “Defendants took active steps to conceal the fact that they wrongfully, improperly, illegally, and repeatedly designed, manufactured, marketed, distributed, and sold the Products, which posed serious safety risks to consumers and pets.” Alsp “Defendants knew, or otherwise should have known, about the serious risks posed by Seresto Collars based upon: (1) their own internal testing and surveys, (2) EPA testing and surveys, (3) numerous consumer complaints lodged directly with Defendants, (4) numerous consumer complaints lodged to retailers, (5) numerous consumer complaints and reports lodged with the EPA, (6) numerous consumer complaints on online fora, and (7) media reports, dating back to 2012.”

 

There are five claims for relief laid down by Plaintiff: alleged breach of express warranty; alleged breach of implied warranty of merchantability, alleged unjust enrichment, alleged violation of New York GBL §§ 349, et seq., and alleged violation of New York §§ 350, et seq. claimed on behalf of the proposed class.

 

In its prayer for relief, the Plaintiff has requested the court to order Defendants, in the form of an injunction, to cease the sale of the affected Products; declare this action as a class action representing the Class as defined herein; and declare Defendants’ conduct unlawful under the statutes and causes of action pleaded herein, awarding damages, also grant costs of litigation along with pre- and post-judgment to Plaintiff and members of the proposed Class.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-03109

  • Filing Date:

    04/09/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Southern District

Judge Details

Presiding Judge

Analisa Torres

 

Party Details

Plaintiff

Darlene Dahlgren

Defendants

Elanco Animal Health, Inc.

Bayer Healthcare LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Alex Rafael Straus

Attorney at Milberg Coleman Bryson Phillips Grossman, PLLC

16748 Mccormick St, 91436-1020

Encino, CA 91436-1020

Rachel L. Soffin

Attorney at Milberg Coleman Bryson Phillips Grossman, PLLC

800 S Gay Street, Suite 1100

Knoxville, TN 37929

William A Ladnier

Attorney at Milberg Coleman Bryson Phillips Grossman, PLLC

800 S. Gay Street, Suite 1100

Knoxville, TN 37929

Jonathan Betten Cohen

Attorney at Milberg Coleman Bryson Phillips Grossman, PLLC

800 S. Gay Street, Suite 1100

Knoxville, TN 37929

Defendant Attorney

William Edward Vita

Attorney at Shook Hardy & Bacon, LLP

1325 Avenue Of The Americas. 28Th Floor

New York, NY 10019

 

Court Documents

#20

(#20) ORDER granting #19 Letter Motion to Stay re: #19 LETTER MOTION to Stay UNOPPOSED addressed to Judge Analisa Torres from William E. Vita dated 05-07-2021. GRANTED. The initial pretiial conference scheduled for June 8, 2021, is ADJOURNED sine die. SO ORDERED. (Signed by Judge Analisa Torres on 5/11/21) (yv) (Entered: 05/11/2021)

#15

(#15) ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. (Signed by Judge Analisa Torres on 4/23/2021) (mro) (Entered: 04/23/2021)

#12

(#12) 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 discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (Signed by Judge Analisa Torres on 4/23/2021) (mro) (Entered: 04/23/2021)

#14

(#14) INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 6/8/2021 at 10:00 AM before Judge Analisa Torres to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. Principal trial counsel must appear at this and all subsequent conferences. (Signed by Judge Analisa Torres on 4/23/2021) (mro) (Entered: 04/23/2021)

#13

(#13) ORDER granting #11 Letter Motion for Extension of Time to Answer. GRANTED. Bayer Healthcare LLC answer due 6/17/2021; Elanco Animal Health, Inc. answer due 6/17/2021. (Signed by Judge Analisa Torres on 4/23/2021) (mro) (Entered: 04/23/2021)

#10

No Description Available

#9

No Description Available

#8

No Description Available

#7

No Description Available

#6

(#6) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Darlene Dahlgren..(Straus, Alex) (Entered: 04/09/2021)

#5

(#5) REQUEST FOR ISSUANCE OF SUMMONS as to Elanco Animal Health, Inc., re: #1 Complaint. Document filed by Darlene Dahlgren..(Straus, Alex) (Entered: 04/09/2021)

#4

(#4) REQUEST FOR ISSUANCE OF SUMMONS as to Bayer Healthcare LLC, re: #1 Complaint. Document filed by Darlene Dahlgren..(Straus, Alex) (Entered: 04/09/2021)

#3

(#3) STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-02929 (AT). Document filed by Darlene Dahlgren..(Straus, Alex) (Entered: 04/09/2021)

#2

(#2) CIVIL COVER SHEET filed..(Straus, Alex) (Entered: 04/09/2021)

#1

(#5) REQUEST FOR ISSUANCE OF SUMMONS as to Elanco Animal Health, Inc., re: #1 Complaint. Document filed by Darlene Dahlgren..(Straus, Alex) (Entered: 04/09/2021)

8 More Documents Available
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Docket Entries

  • 05/11/2021
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  • Docket(#20) ORDER granting #19 Letter Motion to Stay re: #19 LETTER MOTION to Stay UNOPPOSED addressed to Judge Analisa Torres from William E. Vita dated 05-07-2021. GRANTED. The initial pretiial conference scheduled for June 8, 2021, is ADJOURNED sine die. SO ORDERED. (Signed by Judge Analisa Torres on 5/11/21) (yv) (Entered: 05/11/2021)

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  • 05/07/2021
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  • Docket(#19) LETTER MOTION to Stay UNOPPOSED addressed to Judge Analisa Torres from William E. Vita dated 05-07-2021. Document filed by Bayer Healthcare LLC, Elanco Animal Health, Inc.. (Attachments: #1 Exhibit A-Corrected MDL Petition).(Vita, William) (Entered: 05/07/2021)

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  • 04/27/2021
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Rachel Lynn Soffin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24453685. Motion and supporting papers to be reviewed by Clerk's Office staff., #17 MOTION for Jonathan Betten Cohen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24453814. Motion and supporting papers to be reviewed by Clerk's Office staff., #18 MOTION for William Andrew Ladnier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24453852. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 04/27/2021)

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  • 04/26/2021
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  • Docket(#18) MOTION for William Andrew Ladnier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24453852. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Darlene Dahlgren. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Tennessee Certificate of Good Standing, #4 California Certificate of Good Standing).(Ladnier, William) (Entered: 04/26/2021)

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  • 04/26/2021
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  • Docket(#17) MOTION for Jonathan Betten Cohen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24453814. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Darlene Dahlgren. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Certificate of Good Standing).(Cohen, Jonathan) (Entered: 04/26/2021)

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  • 04/26/2021
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  • Docket(#16) MOTION for Rachel Lynn Soffin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24453685. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Darlene Dahlgren. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Florida Certificate of Good Standing, #4 Georgia Certificate of Good Standing).(Soffin, Rachel) (Entered: 04/26/2021)

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  • 04/23/2021
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  • Docket(#15) ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. (Signed by Judge Analisa Torres on 4/23/2021) (mro) (Entered: 04/23/2021)

    Read MoreRead Less
  • 04/23/2021
  • View Court Documents
  • Docket(#14) INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 6/8/2021 at 10:00 AM before Judge Analisa Torres to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. Principal trial counsel must appear at this and all subsequent conferences. (Signed by Judge Analisa Torres on 4/23/2021) (mro) (Entered: 04/23/2021)

    Read MoreRead Less
  • 04/23/2021
  • View Court Documents
  • Docket(#13) ORDER granting #11 Letter Motion for Extension of Time to Answer. GRANTED. Bayer Healthcare LLC answer due 6/17/2021; Elanco Animal Health, Inc. answer due 6/17/2021. (Signed by Judge Analisa Torres on 4/23/2021) (mro) (Entered: 04/23/2021)

    Read MoreRead Less
  • 04/23/2021
  • View Court Documents
  • Docket(#12) 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 discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (Signed by Judge Analisa Torres on 4/23/2021) (mro) (Entered: 04/23/2021)

    Read MoreRead Less
9 More Docket Entries
  • 04/12/2021
  • DocketCase Designated ECF. (dnh) (Entered: 04/12/2021)

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  • 04/12/2021
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(dnh) (Entered: 04/12/2021)

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  • 04/12/2021
  • Docket***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alex Rafael Straus. The following case opening statistical information was erroneously selected/entered: Dollar Demand $5,000,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $5,000,000. (dnh) (Entered: 04/12/2021)

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  • 04/12/2021
  • Docket***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alex Rafael Straus. The party information for the following party/parties has been modified: Darlene Dahlgren. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh) (Entered: 04/12/2021)

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  • 04/09/2021
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  • Docket(#6) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Darlene Dahlgren..(Straus, Alex) (Entered: 04/09/2021)

    Read MoreRead Less
  • 04/09/2021
  • View Court Documents
  • Docket(#5) REQUEST FOR ISSUANCE OF SUMMONS as to Elanco Animal Health, Inc., re: #1 Complaint. Document filed by Darlene Dahlgren..(Straus, Alex) (Entered: 04/09/2021)

    Read MoreRead Less
  • 04/09/2021
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  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS as to Bayer Healthcare LLC, re: #1 Complaint. Document filed by Darlene Dahlgren..(Straus, Alex) (Entered: 04/09/2021)

    Read MoreRead Less
  • 04/09/2021
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  • Docket(#3) STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-02929 (AT). Document filed by Darlene Dahlgren..(Straus, Alex) (Entered: 04/09/2021)

    Read MoreRead Less
  • 04/09/2021
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  • Docket(#2) CIVIL COVER SHEET filed..(Straus, Alex) (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#1) COMPLAINT against Bayer Healthcare LLC, Elanco Animal Health, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24378866)Document filed by Darlene Dahlgren..(Straus, Alex) (Entered: 04/09/2021)

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