O'Dea v. Alchemee, LLC et al
Lucinda O'Dea |
ALCHEMEE, LLC and Taro Pharmaceuticals U.S.A., Inc. |
2:2024cv07049 |
August 14, 2024 |
US District Court for the Central District of California |
Stanley Blumenfeld |
Brianna Fuller Mircheff |
Other Fraud |
28 U.S.C. § 1332 Diversity-Fraud |
Plaintiff |
Docket Report
This docket was last retrieved on October 8, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 60 ORDER by Judge Stanley Blumenfeld, Jr.: These cases all involve claims that acne treatment products containing benzoyl peroxide can degrade into benzene. After the Court dismissed, on preemption grounds, all claims with prejudice against Defendants Alchemee, LLC and Taro Pharmaceuticals Industries, Ltd. in a related case, Howard v. Alchemee LLC, No. 2:24-cv-01834-SB-BFM, Dkt. Nos. 77, 78, the Court ordered the parties in these cases to meet and confer, seek to agree on how to efficiently proceed to resolution, and file a joint status report setting out any agreements or proposals for resolving these cases. The parties' joint status report proposes that Plaintiffs in these cases file a single consolidated complaint to which Defendants will respond with a motion to dismiss. The Court adopts the parties' proposal as modified. Plaintiffs shall file a single consolidated complaint against Defendants by October 21, 2024. Defendants shall file a motion to dismiss by November 4 and set it for hearing at the earliest available date. The opposition and reply will be due as required by Local Rules 7-9 and 7-10. (see document for further details) (bm) |
Filing 59 STATUS REPORT Joint filed by Defendants ALCHEMEE, LLC, Taro Pharmaceuticals U.S.A., Inc.. (Kurtzer-Ellenbogen, David) |
Filing 58 (In Chambers) Order by Judge Stanley Blumenfeld, Jr.: In three related cases alleging claims similar to those in this action, the Court granted defendants' motions to dismiss, finding the claims preempted. E.g., Howard v. Alchemee, LLC, No. 2:24-cv-01834-SB, Dkt. No. 77. The parties shall promptly meet and confer in person or by videoconference and attempt to reach agreement on how best to conserve party and judicial resources in light of the Court's rulings. No later than September 27, 2024, the parties shall file a joint status report describing any agreements or proposals for efficient resolution of this dispute. In the absence of agreement, the Court expects to lift the stay and set a mandatory scheduling conference on October 11, and the parties should be prepared to proceed diligently with the prosecution of this case. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lfa) TEXT ONLY ENTRY |
Filing 57 Standing Order upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (lfa) |
Filing 56 ORDER RE TRANSFER PURSUANT to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. Related Case- filed. Related Case No: 2:24-cv-01834 SB(BFMx). Case transferred from Magistrate Judge Charles F. Eick and Judge Otis D. Wright, II to Judge Stanley Blumenfeld, Jr and Magistrate Judge Brianna Fuller Mircheff for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:24-cv-07049 SB(BFMx). Signed by Judge Stanley Blumenfeld, Jr (rn) |
Filing 55 Notice Joint Notice of Related Cases filed by Defendants ALCHEMEE, LLC, Taro Pharmaceuticals U.S.A., Inc.. (Stricklin, Kathleen) |
Filing 54 Notice Joint Notice of Related Cases filed by Defendants ALCHEMEE, LLC, Taro Pharmaceuticals U.S.A., Inc.. (Stricklin, Kathleen) |
Filing 53 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Otis D. Wright, II: GRANTING #48 Non-Resident Attorney David S. Kurtzer-Ellenbogen APPLICATION to Appear Pro Hac Vice on behalf of Defendants ALCHEMEE, LLC and Taro Pharmaceuticals U.S.A., Inc., designating Kathleen Anne Stricklin as local counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lt) |
Filing 52 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Otis D. Wright, II: GRANTING #47 Non-Resident Attorney Russell Busch APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Lucinda O'Dea, designating Alex R. Straus as local counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lt) |
Filing 51 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Otis D. Wright, II: GRANTING #46 Non-Resident Attorney Luis Angel Cardona APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Lucinda O'Dea, designating Alex R. Straus as local counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lt) |
Filing 50 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Otis D. Wright, II: GRANTING #45 Non-Resident Attorney Nick Suciu, III APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Lucinda O'Dea, designating Alex R. Straus as local counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lt) |
Filing 49 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Otis D. Wright, II: GRANTING #44 Non-Resident Attorney J. Hunter Bryson APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Lucinda O'Dea, designating Alex R. Straus as local counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lt) |
Filing 48 APPLICATION of Non-Resident Attorney David S. Kurtzer-Ellenbogen to Appear Pro Hac Vice on behalf of Defendants ALCHEMEE, LLC, Taro Pharmaceuticals U.S.A., Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38121847) filed by Defendants ALCHEMEE, LLC, Taro Pharmaceuticals U.S.A., Inc.. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Stricklin, Kathleen) |
Filing 47 APPLICATION of Non-Resident Attorney Russell M. Busch to Appear Pro Hac Vice on behalf of Plaintiff Lucinda O'Dea (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38121189) filed by Plaintiff Lucinda O'Dea. (Attachments: #1 Proposed Order) (Straus, Alex) |
Filing 46 APPLICATION of Non-Resident Attorney Luis Cardona to Appear Pro Hac Vice on behalf of Plaintiff Lucinda O'Dea (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38121164) filed by Plaintiff Lucinda O'Dea. (Attachments: #1 Proposed Order) (Straus, Alex) |
Filing 45 APPLICATION of Non-Resident Attorney Nick Suciu III to Appear Pro Hac Vice on behalf of Plaintiff Lucinda O'Dea (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38121124) filed by Plaintiff Lucinda O'Dea. (Attachments: #1 Proposed Order) (Straus, Alex) |
Filing 44 APPLICATION of Non-Resident Attorney J. Hunter Bryson to Appear Pro Hac Vice on behalf of Plaintiff Lucinda O'Dea (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38121056) filed by Plaintiff Lucinda O'Dea. (Attachments: #1 Proposed Order) (Straus, Alex) |
Filing 43 Notice of Appearance or Withdrawal of Counsel: for attorney Alex R. Straus counsel for Plaintiff Lucinda O'Dea. Adding Alex Straus as counsel of record for Lucinda O'Dea for the reason indicated in the G-123 Notice. Filed by Plaintiff Lucinda O'Dea. (Attorney Alex R. Straus added to party Lucinda O'Dea(pty:pla))(Straus, Alex) |
Filing 42 RESPONSE filed by Pro Hac Vice attorney Gary M. Klinger on behalf of Plaintiff Lucinda O'Dea. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
Filing 41 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Notice of Appearance, #40 . The following error(s) was/were found: Signature missing. Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
Filing 40 NOTICE of Appearance filed by attorney Kathleen Anne Stricklin on behalf of Defendants ALCHEMEE, LLC, Taro Pharmaceuticals U.S.A., Inc. (Attorney Kathleen Anne Stricklin added to party ALCHEMEE, LLC(pty:dft), Attorney Kathleen Anne Stricklin added to party Taro Pharmaceuticals U.S.A., Inc.(pty:dft))(Stricklin, Kathleen) |
Filing 39 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Sherry Ann Knutson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
Filing 38 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney David Simon Kurtzer-Ellenbogen. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
Filing 37 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Connor Joseph Doughty. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
Filing 36 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney James Robert Shultz. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
Filing 35 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Gary M. Klinger. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
Filing 34 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Luis Angel Cardona. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
Filing 33 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney John Hunter Bryson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
Filing 32 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Nick Suciu, III. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
Filing 31 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
Filing 30 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
Filing 29 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Charles F. Eick. (lh) |
Filing 28 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:24-cv-02755, from United States District Court Northern District of Illinois. The above-referenced case has been transferred to this district and assigned the above civil case number 2:24-cv-07049 ODW (Ex). (lh) |
Filing 27 ORIGINAL file, certified copy of transfer order and docket sheet received from Illinois Northern |
Filing 26 TRANSFERRED to the Central District of California the electronic record. (jg, ) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 25 MINUTE entry before the Honorable Jeffrey I Cummings: The parties' joint motion to transfer #24 is granted and the Clerk of Court is directed to transfer this matter forthwith to the United States District Court for the Central District of California pursuant to 28 U.S.C. 1404. This matter is administratively terminated in this District. Mailed notice (cc, ) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 24 MOTION by Defendants Alchemee, LLC, Taro Pharmaceuticals U.S.A., Inc. to transfer case To The United States District Court For The Central District of California (Joint) (Shultz, James) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 23 MINUTE entry before the Honorable Jeffrey I Cummings: The parties are reminded to file a joint status report within 14 days of the resolution of the pending MDL petition. The 7/29/24 tracking status hearing is stricken and re-set to 10/4/24 at 9:00 a.m. (to track the case only, no appearance is required).Mailed notice (cc, ) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 22 MINUTE entry before the Honorable Jeffrey I Cummings: The parties' joint motion to stay pending MDL determination #20 is granted. This case is stayed pending a decision on a motion for transfer and consolidation before the Judicial Panel on Multidistrict Litigation. Defendants' motion to transfer #19 is denied without prejudice with leave to re-file at a later date as appropriate. The parties shall file a joint status report within 14 days of the resolution of the pending MDL petition. Mailed notice (cc, ) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 21 SUPPLEMENT to motion to stay #20 Corrected Joint Motion to Stay Pending MDL Determination (Shultz, James) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 20 MOTION by Defendants Alchemee, LLC, Taro Pharmaceuticals U.S.A., Inc. to stay Pending MDL Determination (Joint) (Shultz, James) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 19 MOTION by Defendants Alchemee, LLC, Taro Pharmaceuticals U.S.A., Inc. to transfer case (Opposed) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Shultz, James) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 18 MINUTE entry before the Honorable Jeffrey I Cummings: Attorney David Kurtzer-Ellenbogen's motion for leave to appear pro hac vice #17 is granted. Mailed notice (cc, ) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22095974. (Kurtzer-Ellenbogen, David) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 16 MINUTE entry before the Honorable Jeffrey I Cummings: Defendants' unopposed motion for extension of time to answer or otherwise plead #13 is granted. Defendants to answer or otherwise plead by 7/1/24. The 6/7/24 status report deadline and the 6/21/24 tracking status hearing are stricken. If this matter is not resolved, the parties shall file the initial joint status report by 7/19/24. Status hearing set to 7/29/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 15 SUMMONS Returned Executed by Lucinda O'Dea as to Taro Pharmaceuticals U.S.A., Inc. on 4/9/2024, answer due 4/30/2024. (Busch, Russell) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 14 SUMMONS Returned Executed by Lucinda O'Dea as to Alchemee, LLC on 4/9/2024, answer due 4/30/2024. (Busch, Russell) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 13 MOTION by Defendants Alchemee, LLC, Taro Pharmaceuticals U.S.A., Inc. for extension of time to file answer regarding complaint #1 or Otherwise Respond to Plaintiff's Complaint (Unopposed) (Shultz, James) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 12 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Alchemee, LLC, Taro Pharmaceuticals U.S.A., Inc. and Rule 7.1 Corporate Disclosure Statement (Shultz, James) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 11 ATTORNEY Appearance for Defendants Alchemee, LLC, Taro Pharmaceuticals U.S.A., Inc. by James Robert Shultz (Shultz, James) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 10 ATTORNEY Appearance for Defendants Alchemee, LLC, Taro Pharmaceuticals U.S.A., Inc. by Connor Joseph Doughty (Doughty, Connor) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 9 ATTORNEY Appearance for Defendants Alchemee, LLC, Taro Pharmaceuticals U.S.A., Inc. by Sherry Ann Knutson (Knutson, Sherry) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 8 MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. On or before 6/7/24, the parties shall file a joint initial status report in accordance with the template available on the Court's website under the case management procedure titled "Initial Status Report for Newly Filed Cases." The parties shall also review all of the case management procedures and standing orders available on the Court's website, including the Court's case management procedure for motions to dismiss. Initial tracking status hearing set for 6/21/24 at 9:00 a.m. to track the case only (no appearance is required and the case will not be called). Instead, the Court will review the parties' joint initial status report and enter further orders as appropriate. Mailed notice (mjc, ) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 7 ATTORNEY Appearance for Plaintiff Lucinda O'Dea by Philip Fraietta (Fraietta, Philip) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 6 ATTORNEY Appearance for Plaintiff Lucinda O'Dea by John Hunter Bryson (Bryson, John) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 5 ATTORNEY Appearance for Plaintiff Lucinda O'Dea by Luis Angel Cardona (Cardona, Luis) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 4 ATTORNEY Appearance for Plaintiff Lucinda O'Dea by Gary M. Klinger (Klinger, Gary) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 3 ATTORNEY Appearance for Plaintiff Lucinda O'Dea by Nick Suciu, III (Suciu, Nick) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 2 CIVIL Cover Sheet (Klinger, Gary) [Transferred from Illinois Northern on 8/22/2024.] |
Filing 1 COMPLAINT filed by Lucinda O'Dea; Jury Demand. Filing fee $ 405, receipt number AILNDC-21825379.(Klinger, Gary) [Transferred from Illinois Northern on 8/22/2024.] |
SUMMONS Issued as to Defendants Alchemee, LLC, Taro Pharmaceuticals U.S.A., Inc. (jmv, ) [Transferred from Illinois Northern on 8/22/2024.] |
CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jxm, ) [Transferred from Illinois Northern on 8/22/2024.] |
CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1). (jxm, ) [Transferred from Illinois Northern on 8/22/2024.] |
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