Cohen et al v. InSinkErator, LLC - Contract/Product Liability
Summary
Plaintiffs Thomas Cohen and Erik Paulsen filed a class action complaint against InSinkErator, LLC in the Northern District of California. The complaint alleges contract and product liability claims. Defendant filed a motion to dismiss under Rules 12(b)(1) and 12(b)(6), which plaintiffs have opposed with multiple filings in late March 2026.
What changed
InSinkErator, LLC filed a Motion to Dismiss Plaintiffs' Class Action Complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) for lack of jurisdiction and failure to state a claim. Plaintiffs Thomas Cohen and Erik Paulsen responded with two opposition briefs filed on March 25 and March 30, 2026, and also filed administrative motions to seal materials related to the opposition. The court has not yet ruled on the pending motion.
Plaintiffs' counsel should ensure all responsive filings comply with local rules and meet any court-ordered deadlines. Defense counsel should monitor for the court's ruling and any potential discovery schedule that may follow denial of the motion to dismiss. No specific compliance deadlines or penalties are stated in the docket entries; this case proceeds under standard federal civil procedure rules.
Source document (simplified)
Cohen et al v. InSinkErator, LLC
Case Number: 5:25-cv-10719-PCP Judge: Pitts, P. Casey Location: San Jose Case Type: Civil Case Basis: Diversity Nature of Suit: Contract Product Liability Date Filed:
December 16, 2025
Last Filing Date:
March 16, 2026
View Publicly Available Documents Case Summary No summary of this case is available
Recent Filings
| Date Filed | Docket Number | Document Description |
| --- | --- | --- |
| 03-30-26 | 45 | OPPOSITION/RESPONSE (re [31] MOTION to Dismiss for Lack of Jurisdiction - Notice of Motion and Motion Under Federal Rules of Civil Procedure 12(b)(1), (6) to Dismiss Plaintiffs' Class Action Complaint and Memorandum of Points and Authorit |
| 03-30-26 | 46 | Administrative Motion to Consider Whether Another Party's Material Should Be Sealed CORRECTION OF DOCKET # [44] filed by Thomas Cohen, Erik Paulsen. (Attachments: # (1) Proposed Order, # (2) Plaintiffs' Opposition to Defend |
| 03-25-26 | 43 | OPPOSITION/RESPONSE (re [31] MOTION to Dismiss for Lack of Jurisdiction - Notice of Motion and Motion Under Federal Rules of Civil Procedure 12(b)(1), (6) to Dismiss Plaintiffs' Class Action Complaint and Memorandum of Points and Authorit |
| 03-25-26 | 44 | Administrative Motion to Consider Whether Another Party's Material Should Be Sealed filed by Thomas Cohen, Erik Paulsen. (Attachments: # (1) Proposed Order, # (2) Plaintiffs' Opposition to Defendant's Motion to Dismiss Pla |
| 03-23-26 | 40 | ASSOCIATION of Counsel by InSinkErator, LLC. (Bellamy, Galen) |
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