King v. Johnson & Johnson et al
| Patricia King |
| Johnson & Johnson and Ethicon Inc |
| 4:2021cv01212 |
| December 20, 2021 |
| US District Court for the Eastern District of Arkansas |
| Brian S Miller |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 30 INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 2/28/2022; Rule 26(f) Report due by 3/14/2022; Jury Trial set for sometime during the week of 6/26/2023 at 9:30 a.m. in Little Rock Courtroom #2D before Judge Brian S. Miller. Signed at the Direction of the Court on 1/3/2022. (ljb) |
Filing 29
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #28 motion to appear pro hac vice filed by Andrew J. Feldman. Signed by Judge Brian S. Miller on 12/29/2021. (ljb)
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| Filing 28 MOTION for Leave to Appear Pro Hac Vice by Andrew J. Feldman. Fee $100 receipt number LIT085008. Filed by Patricia King. (kth) |
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Filing 27
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #24 motion to withdraw. Signed by Judge Brian S. Miller on 12/22/2021. (akr)
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| Filing 26 NOTICE of Appearance by Laura Hensley Smith on behalf of Ethicon Inc, Johnson & Johnson (Smith, Laura) |
| Filing 25 NOTICE of Appearance by William M. Griffin, III on behalf of Ethicon Inc, Johnson & Johnson (Griffin, William) |
| Filing 24 MOTION to Withdraw Motion to Withdraw Kelly Strange Crawford and Maha Munayyer Kabbash by Ethicon Inc, Johnson & Johnson (Young, Kimberly) |
| Filing 23 NOTICE of Appearance by Kimberly Dickerson Young on behalf of All Defendants (Young, Kimberly) |
| Filing 22 Case electronically transferred in from District of New York Western; Case Number 6:20-cv-07127. Electronic file copy of transfer order and docket sheet received. |
| Filing 21 TEXT ORDER. On December 9, 2021, the Court entered a Text Order (Dkt. 20) noting that venue did not appear to be proper in this District and that the Court was accordingly considering sua sponte transferring the matter to the United States District Court for the Eastern District of Arkansas, where Plaintiff's implantation surgery occurred. The Court ordered that any party opposing such a transfer file a brief setting forth the basis for its objections on or before December 15, 2021. (Id.). No party filed any such brief. A civil action may properly be brought in "(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action." 28 U.S.C. 1391(b). As the Court previously noted, this District does not, based on the allegations set forth in the amended complaint, appear to satisfy any of these criteria. Defendants are alleged to be New Jersey corporations with their principal places of business in New Jersey, and the surgery that Plaintiff claims injured her occurred in Jacksonville, Arkansas. (Dkt. 11 at 2, 5-6). All of Plaintiff's claims in this action are asserted under the laws of Arkansas, and the amended complaint identifies no acts or omissions occurring in this District. "The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." 28 U.S.C. 1406(a); see also 28 U.S.C. 1404(a) ("For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented."). "A district court may transfer a case on a motion by either party or sua sponte on its own motion." WorldCare Corp. v. World Ins. Co., 767 F. Supp. 2d 341, 365 (D. Conn. 2011); see also Armstrong v. Costco Wholesale Corp. & Nice-Pak Prod., Inc., 234 F. Supp. 3d 367, 369 (E.D.N.Y. 2017) ("A court may transfer a case sua sponte."). Here, having considered the appropriate factors (see Armstrong, 234 F. Supp. 3d at 369-70), and in light of the lack of objection by the parties, the Court finds transfer to the United States District Court for the Eastern District of Arkansas, Central Division warranted under both 1404(a) and 1406(a). The Clerk of Court is directed to take all steps necessary to effectuate such transfer. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/16/2021. (CDH) -CLERK TO FOLLOW UP- [Transferred from nywd on 12/20/2021.] |
| Filing 20 TEXT ORDER. In reviewing the amended complaint (Dkt. 11), it has come to the Court's attention that venue does not appear to be proper in this District. A civil action may properly be brought in "(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action." 28 U.S.C. 1391(b). Here, the amended complaint alleges in conclusory fashion that "[a] substantial part of the events and omissions giving rise to Plaintiff's causes of action occurred in this federal judicial district and therefore, pursuant to 28 U.S.C. 1391(a) [sic], venue is proper in this district." (Dkt. 11 at 10). However, the amended complaint does not actually identify any events or omissions occurring in this District. The Court is thus considering sua sponte transferring the matter to the United States District Court for the Eastern District of Arkansas, where Plaintiff's implantation surgery occurred. See 28 U.S.C. 1406(a) ("The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought."). If any party opposes such a transfer, that party must file a brief of no more than 10 pages on or before December 15, 2021, setting forth the basis for the contention that venue is proper in this District. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/9/2021. (CDH) [Transferred from nywd on 12/20/2021.] |
| Filing 19 NOTICE by Patricia King re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Supplemental Authority (Attachments: #1 Certificate of Service)(Feldman, Andrew) [Transferred from nywd on 12/20/2021.] |
| Filing 18 REPLY/RESPONSE to re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Certificate of Service)(Kabbash, Maha) [Transferred from nywd on 12/20/2021.] |
| Filing 17 MEMORANDUM in Opposition re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Patricia King. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Feldman, Andrew) [Transferred from nywd on 12/20/2021.] |
| Filing 16 TEXT ORDER re #15 Motion to Dismiss for Failure to State a Claim. Responses are due on or before May 7, 2021. Replies are due on or before May 14, 2021. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/16/2021. (CDH) [Transferred from nywd on 12/20/2021.] |
| E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. RE: #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (BK) [Transferred from nywd on 12/20/2021.] |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Memorandum in Support of Defendants' Motion to Dismiss Plaintiff's First Amended Complaint, #2 Text of Proposed Order, #3 Certificate of Service)(Crawford, Kelly) [Transferred from nywd on 12/20/2021.] |
| Filing 14 TEXT ORDER. In light of Plaintiff's filing of an amended complaint (Dkt. 11), Defendants' motion to dismiss the original complaint (Dkt. 9) is denied as moot. The Court grants Defendants' request (Dkt. 13) for an extension of time until April 12, 2021, to answer or otherwise respond to the complaint, but reminds counsel that, pursuant to the undersigned's individual preferences, any future requests for an extension of time for which consent has not granted must be made by formal motion. The Court expects that counsel for all parties will work together in good faith to avoid the need for such motion practice over routine, reasonable requests. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/24/2021. (CDH) [Transferred from nywd on 12/20/2021.] |
| Filing 13 Letter filed by Ethicon, Inc., Johnson & Johnson as to Ethicon, Inc., Johnson & Johnson regarding response to First Amended Complaint. (Crawford, Kelly) [Transferred from nywd on 12/20/2021.] |
| Filing 12 MEMORANDUM in Opposition re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Patricia King. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Feldman, Andrew) [Transferred from nywd on 12/20/2021.] |
| Filing 11 AMENDED COMPLAINT and Certificate of Service against Ethicon, Inc., Johnson & Johnson, filed by Patricia King.(Feldman, Andrew) [Transferred from nywd on 12/20/2021.] |
| Filing 10 TEXT ORDER re #9 Motion to Dismiss for Failure to State a Claim. Responses are due on or before April 2, 2021. Replies are due on or before April 9, 2021. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/12/2021. (CDH) [Transferred from nywd on 12/20/2021.] |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Certificate of Service)(Crawford, Kelly) [Transferred from nywd on 12/20/2021.] |
| Answer due date updated as to Ethicon, Inc. answer due 3/12/2021; Johnson & Johnson answer due 3/12/2021. (JHF) [Transferred from nywd on 12/20/2021.] |
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Filing 8
STIPULATION AND ORDER extending deadline to answer or otherwise respond to the complaint to March 12, 2021. Signed by Hon. Elizabeth A. Wolford on 02/05/2021. (CDH) [Transferred from nywd on 12/20/2021.]
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| Filing 7 Notice of Substitution of Counsel: Andrew Jay Feldman is substituted for Hadley L. Matarazzo. CLERK TO FOLLOW UP (Feldman, Andrew) [Transferred from nywd on 12/20/2021.] |
| Filing 6 NOTICE of Appearance by Maha Munayyer Kabbash on behalf of Ethicon, Inc., Johnson & Johnson (Kabbash, Maha) [Transferred from nywd on 12/20/2021.] |
| Filing 5 STIPULATION and Consent Order Extending Time to Answer, Move, or Otherwise Respond to Plaintiffs' Complaint by Ethicon, Inc., Johnson & Johnson. (Crawford, Kelly) [Transferred from nywd on 12/20/2021.] |
| Filing 4 Corporate Disclosure Statement by Ethicon, Inc., Johnson & Johnson. (Crawford, Kelly) [Transferred from nywd on 12/20/2021.] |
| Filing 3 NOTICE of Appearance by Kelly Strange Crawford on behalf of Ethicon, Inc., Johnson & Johnson (Crawford, Kelly) [Transferred from nywd on 12/20/2021.] |
| Filing 2 Summons Issued as to Ethicon, Inc., Johnson & Johnson. (JD) [Transferred from nywd on 12/20/2021.] |
| Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (JD) [Transferred from nywd on 12/20/2021.] |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD) [Transferred from nywd on 12/20/2021.] |
| 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. (JD) [Transferred from nywd on 12/20/2021.] |
| Filing 1 COMPLAINT against All Defendants $ 402 receipt number 0209-4094630, filed by Patricia King. (Attachments: #1 Civil Cover Sheet, #2 Summons in a Civil Action (Johnson & Johnson), #3 Summons in a Civil Action (Ethicon, Inc.))(Matarazzo, Hadley) [Transferred from nywd on 12/20/2021.] |
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