Swearingen et al v. Juul Labs Inc et al
| John Thomas Via Peavy and Elizabeth Ann Swearingen |
| Juul Labs, Inc., Altria Group Inc. and Phillip Morris USA, Inc. |
| 3:2019cv04424 |
| August 2, 2019 |
| US District Court for the Northern District of California |
| William H Orrick |
| Donna M Ryu |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 16, 2019. A more recent docket listing may be available from PACER.
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| Filing 35 Case reassigned to Judge William H. Orrick. Judge William Alsup no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (haS, COURT STAFF) (Filed on 9/16/2019) |
Filing 34
ORDER RELATING CASE. This matter is found to be related to Case No. 3:18cv2449-WHO. Signed by Judge William H. Orrick on 09/13/2019. (jmdS, COURT STAFF) (Filed on 9/13/2019)
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| Filing 33 RESPONSE re #32 Order (Altria Group, Inc. and Philip Morris USA Inc.'s Response in Support of Sua Sponte Referral to Relate Actions) by Altria Group Inc., Phillip Morris USA, Inc.. (McCormick, Sean) (Filed on 9/9/2019) |
| Filing 32 SUA SPONTE JUDICIAL REFERRAL FOR PURPOSE OF DETERMINING RELATIONSHIP OF CASES. Signed by Judge Alsup on 9/3/2019. (whalc2, COURT STAFF) (Filed on 9/3/2019) |
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Filing 31
NOTICE AND ORDER RE PUTATIVE CLASS ACTIONS AND FACTORS TO BE EVALUATED FOR ANY PROPOSED CLASS SETTLEMENT. Signed by Judge Alsup on 8/26/2019. (whalc2, COURT STAFF) (Filed on 8/26/2019)
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| Filing 30 CLERK'S NOTICE SCHEDULING CMC ON REASSIGNMENT: Case Management Statement due by 10/24/2019. Initial Case Management Conference set for 10/31/2019 11:00 AM in San Francisco, Courtroom 12, 19th Floor. Standing orders can be downloaded from the Court's webpage at www.cand.uscourts.gov/whaorders. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 8/23/2019) |
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Filing 29
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/camera. Signed by the Clerk on 08/21/2019. (Attachments: #1 Notice of Eligibility for Video Recording)(ajsS, COURT STAFF) (Filed on 8/21/2019)
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| Filing 28 NOTICE of Appearance by Sean Andrew McCormick (McCormick, Sean) (Filed on 8/20/2019) |
| Filing 27 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 8/20/2019) |
| Filing 26 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Juul Labs, Inc... (Schwing, Austin) (Filed on 8/19/2019) |
| Filing 25 CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 8/20/2019. (ig, COURT STAFF) (Filed on 8/6/2019) |
| Filing 23 CLERK'S NOTICE of case transferred from the Northern District of Alabama. (ajsS, COURT STAFF) (Filed on 8/2/2019) |
| Filing 22 Case transferred in from District of Alabama Northern; Case Number 7:19-cv-00779. Original file certified copy of transfer order and docket sheet received. |
| Filing 24 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/23/2019. Initial Case Management Conference set for 10/30/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (ajsS, COURT STAFF) (Filed on 8/1/2019) |
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Filing 21
ORDER - Before this Court is Defendant JUUL Labs Inc.s Motion to Transfer or to Stay. (Doc. #12 .) Accordingly, the Motion to Transfer or to Stay (doc. #12 ) is hereby GRANTED and it is ORDERED that this case be TRANSFERRED to the United States District Court for the Northern District of California, pursuant to 28 U.S.C. 1404. Signed by Judge L Scott Coogler on 7/31/2019. (KEK)
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| Filing 20 STIPULATION (Joint) of Agreement to Transfer Case by Juul Labs Inc. filed by Juul Labs Inc (Olson, Lana) |
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Filing 19
ORDER The Court acknowledges receipt of Plaintiffs' Notice of Voluntary Dismissal of Plaintiff Elizabeth Ann Swearingen's claims without prejudice. #7 . Accordingly, the claims of Plaintiff Elizabeth Ann Swearingen are dismissed without prejudice. The claims of Plaintiff John Thomas Via Peavy remain pending. Defendants Motion to Defer Responsive Pleading Deadline and Stay Discovery Pending Resolution of the Motion to Transfer or Stay #13 is GRANTED. Accordingly, Defendants' Motion for Extension of Time to Respond to the Complaint #8 is TERMINATED AS MOOT. The parties' Joint Motion to Set Briefing Schedule #18 is GRANTED in PART and DENIED in PART. Plaintiffs have fourteen (14) days from the date of this Order to respond to Defendant Juul Labs Inc's Motion to Transfer or to Stay #12 . Plaintiffs' response shall not exceed thirty (30) double-spaced pages. Defendants will thereafter have seven (7) days to file a reply, Signed by Judge L Scott Coogler on 7/15/2019. (PSM)
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| Filing 18 Joint MOTION TO SET BRIEFING SCHEDULE by Juul Labs Inc. (Olson, Lana) |
| Filing 17 NOTICE of Appearance by Lisa Jane McCrary on behalf of Altria Group Inc, Phillip Morris USA Inc. (McCrary, Lisa) |
| Filing 16 Corporate Disclosure Statement by Altria Group Inc. filed by Altria Group Inc (Barze, R) |
| Filing 15 Corporate Disclosure Statement by Phillip Morris USA Inc.. filed by Phillip Morris USA Inc. (Barze, R) |
| Filing 14 NOTICE of Joinder In Defendant Juul Labs, Inc.'s Motion to Transfer or Stay by Altria Group Inc, Phillip Morris USA Inc.. (Barze, R) Modified on 7/15/2019 (PSM). |
| Filing 13 Unopposed MOTION to Defer Responsive Pleading Deadline and Stay Discovery Pending Resolution of the Motion to Transfer or Stay by Altria Group Inc, Juul Labs Inc, Phillip Morris USA Inc.. (Olson, Lana) |
| Filing 12 MOTION to Transfer or to Stay by Juul Labs Inc. (Attachments: #1 Declaration of Danna McKay, #2 Declaration of Lana Olson, #3 Olson Declaration Exhibit 1 (Part 1), #4 Olson Declaration Exhibit 1 (Part 2), #5 Olson Declaration Exhibit 1 (Part 3), #6 Olson Declaration Exhibit 1 (Part 4), #7 Olson Declaration Exhibit 1 (Part 5), #8 Olson Declaration Exhibit 1 (Part 6), #9 Olson Declaration Exhibit 2, #10 Olson Declaration Exhibit 3, #11 Olson Declaration Exhibit 4, #12 Olson Declaration Exhibit 5, #13 Olson Declaration Exhibit 6, #14 Olson Declaration Exhibit 7)(Olson, Lana) |
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Filing 11
UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge L Scott Coogler on 6/20/2019. (PSM)
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| Filing 10 Corporate Disclosure Statement by Juul Labs Inc. filed by Juul Labs Inc (Doss, Jeffrey) |
| Filing 9 NOTICE of Appearance by Jeffrey P Doss on behalf of Juul Labs Inc (Doss, Jeffrey) |
| Filing 8 Unopposed MOTION for Extension of Time to Respond to the Complaint by Altria Group Inc, Juul Labs Inc, Phillip Morris USA Inc.. (Olson, Lana) |
| Filing 7 NOTICE of Voluntary Dismissal by Elizabeth Ann Swearingen (Terrell, James) |
| Filing 6 SUMMONS Returned Executed by John Thomas Via Peavy, Elizabeth Ann Swearingen. Phillip Morris USA Inc. served on 5/30/2019, answer due 6/20/2019. (Methvin, R) |
| Filing 5 SUMMONS Returned Executed by John Thomas Via Peavy, Elizabeth Ann Swearingen. Altria Group Inc served on 5/30/2019, answer due 6/20/2019. (Methvin, R) |
| Filing 4 SUMMONS Returned Executed by John Thomas Via Peavy, Elizabeth Ann Swearingen. Juul Labs Inc served on 5/30/2019, answer due 6/20/2019. (Methvin, R) |
| Filing 3 Summons Issued as to Altria Group Inc, Juul Labs Inc, Phillip Morris USA Inc.- returned to pla for service. (KWC) |
| Filing Fee received from R G Methvin in the amount of $400.00, credit card receipt_number 1126-3353865; USDC receipt number B4601097934; related document #1 COMPLAINT against Altria Group Inc, Juul Labs Inc, Phillip Morris USA Inc., filed by John Thomas Via Peavy, Elizabeth Ann Swearingen.(PSM). (Methvin, R) Modified on 5/24/2019 (KWC) |
| Filing 2 NOTICE of Appearance by Christina D Crow on behalf of Elizabeth Ann Swearingen, John Thomas Via Peavy (Crow, Christina) |
| Filing 1 COMPLAINT against Altria Group Inc, Juul Labs Inc, Phillip Morris USA Inc., filed by John Thomas Via Peavy, Elizabeth Ann Swearingen.(PSM) |
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