Nessmith et al v. Altria Group, Inc. et al
| Erin Nessmith and Jared Nessmith |
| Altria Group Inc., Philip Morris USA Inc, JUUL Labs Inc, Juul Labs Inc., McLane Company, Inc., James Monsees, Core-Mark Holding Company, Inc., Eby-Brown Company, LLC, Adam Bowen, Altria Client Services LLC, Altria Group Distribution Company, Riaz Valani, Altria Enterprises, LLC, Mother Murphy's Labs, Inc., Nicholas Pritzker, Alternative Ingredients, Inc., Hoyoung Huh, Tobacco Technology, Inc., eLIQUITECH, INC, eLiquitech, Inc. and Philip Morris USA Inc. |
| 3:2019cv06344 |
| October 4, 2019 |
| US District Court for the Northern District of California |
| William H Orrick |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| Filing 48 Transcript of Proceedings held on 02/19/2021, before Judge William H. Orrick. Court Reporter Ruth Levine Ekhaus, RDR, FCRR, CSR No. 12219, telephone number (415)336-5223/ruth_ekhaus@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (1444 in 3:19-md-02913-WHO) Transcript Order, (1442 in 3:19-md-02913-WHO) Transcript Order, (1443 in 3:19-md-02913-WHO) Transcript Order, ) Release of Transcript Restriction set for 5/24/2021. (rreS, COURT STAFF) (Filed on 2/22/2021) |
| Filing 47 Summons Issued as to Alternative Ingredients, Inc., Altria Client Services LLC, Altria Enterprises, LLC, Altria Group Distribution Company, Altria Group Inc., Adam Bowen, Core-Mark Holding Company, Inc., Eby-Brown Company, LLC, Hoyoung Huh, Juul Labs Inc., McLane Company, Inc., James Monsees, Mother Murphy's Labs, Inc., Philip Morris USA Inc, Nicholas Pritzker, Tobacco Technology, Inc., Riaz Valani, eLIQUITECH, INC. (elyS, COURT STAFF) (Filed on 4/16/2020) |
| Filing 46 Proposed Summons. (Attachments: #1 Exhibit 1 - List of Defendants)(Haberman, Jeffrey) (Filed on 4/14/2020) |
| Filing 45 AMENDED COMPLAINT against Altria Group Inc., Juul Labs Inc., Philip Morris USA Inc. Filed byErin Nessmith, Jared Nessmith. (Haberman, Jeffrey) (Filed on 4/13/2020) |
| Filing 44 Transcript of Proceedings held on February 14, 2020, before Judge William H. Orrick. Court Reporter Belle Ball, CSR, CRR, RDR, telephone number (415)373-2529, belle_ball@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (376 in 3:19-md-02913-WHO) Transcript Order, (375 in 3:19-md-02913-WHO) Transcript Order, (371 in 3:19-md-02913-WHO) Transcript Order, (374 in 3:19-md-02913-WHO) Transcript Order, (373 in 3:19-md-02913-WHO) Transcript Order ) Redacted Transcript Deadline set for 3/20/2020. (ballbb15S, COURT STAFF) (Filed on 2/18/2020) |
Filing 43
Order by Judge William H. Orrick granting #41 Motion for Pro Hac Vice by Paul W. Rodney. (jmdS, COURT STAFF) (Filed on 1/22/2020)
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| Filing 42 NOTICE of Appearance by Sean Andrew McCormick on behalf of Defendants Altria Group, Inc. and Philip Morris USA Inc. (McCormick, Sean) (Filed on 1/22/2020) |
| Filing 41 MOTION for leave to appear in Pro Hac Vice (Paul W. Rodney) ( Filing fee $ 310, receipt number 0971-14091117.) Filing fee previously paid on January 21, 2020 filed by Altria Group Inc., Philip Morris USA Inc. (Attachments: #1 Certificate of Good Standing for Paul W. Rodney)(McCormick, Sean) (Filed on 1/22/2020) |
| Filing 40 NOTICE by Erin Nessmith, Jared Nessmith Of Filing Additional Documents In Support Of Their Motion For Preliminary Injunction (Attachments: #1 Exhibit 48, #2 Exhibit 49, #3 Exhibit 50, #4 Exhibit 51, #5 Exhibit 52)(Schlesinger, Scott) (Filed on 12/16/2019) |
| Filing 39 NOTICE by JUUL Labs Inc re 51 Order on Motion for Miscellaneous Relief, Order on Motion to Shorten Time (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schwing, Austin) (Filed on 11/7/2019) |
| Filing 38 Statement Pursuant to Court Order [DE 51] by Erin Nessmith, Jared Nessmith. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit B)(Schlesinger, Scott) (Filed on 10/18/2019) |
| Filing 37 MOTION to Shorten Time For Hearing and Briefing Schedule on JLI's Motion to Enforce Pretrial Order #1 filed by JUUL Labs Inc. (Attachments: #1 Declaration of A. Schwing In Support, #2 Proposed Order)(Schwing, Austin) (Filed on 10/11/2019) |
| Filing 36 MOTION To Enforce Pretrial Order #1 filed by JUUL Labs Inc. Motion Hearing set for 10/18/2019 03:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 10/15/2019. Replies due by 10/17/2019. (Attachments: #1 Declaration of A. Schwing In Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Schwing, Austin) (Filed on 10/11/2019) |
| Filing 35 Case transferred in from District of Florida Middle; Case Number 8:19-cv-00884. Original file certified copy of transfer order and docket sheet received. |
| MEMBER CASE OPENED: Florida Middle, 8:19-cv-00884-MSS-AAS, Nessmith et al., v. Altria Group, Inc., et al, Opened in California Northern District as 3:19-cv-6344-WHO pursuant to Conditional Transfer Order CTO October 1,2019 cc: JPMDL (aaaS, COURT STAFF) (Filed on 10/4/2019) |
| Filing 34 MULTIDISTRICT LITIGATION panel transfer order transferring case to: Northern District of California re: MDL case number: 2913. (AG) |
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Filing 33
ORDER GRANTING #31 Defendants' Request to Defer Briefing and Hearing of Plaintiffs' Motion for Preliminary Injunction Until After Resolution of Pending Motion to Transfer or Stay or, Alternatively, Forthcoming Motion to Transfer to Judicial Panel on Multidistrict Litigation. See Order for details. Signed by Judge Mary S. Scriven on 8/8/2019. (APF)
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| Filing 32 REPLY to Response to Motion re #20 MOTION to transfer case or MOTION to stay and Incorporated Memorandum of Law, #31 MOTION for miscellaneous relief, specifically Defendants' Request to Defer Briefing and Hearing of Plaintiffs' Motion for Preliminary Injunction until After Resolution of Pending Motion to Transfer or Stay or, Alternatively, Forthcoming Moti filed by Altria Group, Inc., Juul Labs, Inc., Philip Morris USA, Inc.. (Attachments: #1 Exhibit Brief in Support of Juul Labs' Motion to Transfer Related Cases for Consolidated Pretrial Proceedings, #2 Exhibit Order on Juul Labs' Motion to Transfer or Stay, #3 Exhibit California Complaint (Boyens v. Juul Labs, et. al.))(Schifino, William) |
| Filing 31 MOTION for miscellaneous relief, specifically Defendants' Request to Defer Briefing and Hearing of Plaintiffs' Motion for Preliminary Injunction until After Resolution of Pending Motion to Transfer or Stay or, Alternatively, Forthcoming Motion to Transfer to Judicial Panel on Multidistrict Litigation by All Defendants. (Attachments: #1 Exhibit A)(Schifino, William) |
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Filing 30
ENDORSED ORDER GRANTING #27 Defendant Juul Labs, Inc.'s Amended Motion for Leave to File Reply Brief in Further Support of Motion to Transfer or Stay; DENYING AS MOOT #26 Defendant Juul Labs, Inc.'s Motion for Leave to File a Reply Brief in Further Support of its Motion to Transfer or Stay, in light of the amended filing. Defendant shall have up to and including seven (7) days from the date of this Order to file a Reply, which shall not exceed five (5) pages. Signed by Judge Mary S. Scriven on 7/26/2019. (APF)
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| Filing 29 MOTION for preliminary injunction with Incorporated Memorandum of Law by Erin Nessmith, Jared Nessmith. (Attachments: #1 Exhibit 1 - Affidavit Erin NesSmith, #2 Exhibit 2 - Affidavit of Judith Prochaska, #3 Exhibit 3 - Affidavit of Bonnie Halpern-Felsher, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Text of Proposed Order)(Haberman, Jeffrey) |
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Filing 28
ENDORSED ORDER GRANTING AS STATED HEREIN #22 Defendants' Motion for an Extension of Time to Respond to Plaintiffs' Complaint. Defendants' deadline to file their answers or otherwise respond to the Complaint and the Parties' obligations under Federal Rules of Civil Procedure 16 and 26, Local Rule 3.05, and the Court's April 17, 2019 Related Case Order and Track Two Notice are CONTINUED until such time as the Court provides the Parties with further direction. Signed by Judge Mary S. Scriven on 6/6/2019. (APF)
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| Filing 27 Amended MOTION for leave to file Reply in Support of Motion to Transfer or Stay with Updated Local Rule 3.01(g) Certificate by Juul Labs, Inc. (LeMieux, George) |
| Filing 26 MOTION for leave to file Reply in Support of Motion to Transfer or Stay by Juul Labs, Inc. (LeMieux, George) |
| Filing 25 RESPONSE in Opposition re #22 MOTION for Extension of Time to File Answer re #1 Plaintiffs' Complaint filed by Erin Nessmith, Jared Nessmith. (Haberman, Jeffrey) |
| Filing 24 RESPONSE in Opposition re #20 MOTION to transfer case or MOTION to stay and Incorporated Memorandum of Law filed by Erin Nessmith, Jared Nessmith. (Haberman, Jeffrey) |
| ***PRO HAC VICE FEES paid by attorney G. Charles Nierlich, appearing on behalf of Juul Labs, Inc. (Filing fee $150 receipt number TPA056676.). (JCG) |
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Filing 23
ENDORSED ORDER granting #19 motion to appear pro hac vice. G. Charles Nierlich may appear pro hac vice if he complies with Local Rule 2.01(d)'s fee and email registration requirements by June 3, 2019. Signed by Magistrate Judge Amanda Arnold Sansone on 5/20/2019. (DMP)
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| Filing 22 MOTION for Extension of Time to File Answer re #1 Plaintiffs' Complaint by Juul Labs, Inc. (Schifino, William) |
| Filing 21 JOINDER in motion by Altria Group, Inc., Philip Morris USA, Inc. re #20 MOTION to transfer case or MOTION to stay and Incorporated Memorandum of Law filed by Juul Labs, Inc. (Michael, Geoffrey) |
| Filing 20 MOTION to transfer case or MOTION to stay and Incorporated Memorandum of Law by Juul Labs, Inc. (Attachments: #1 Exhibit Declaration of G. Charles Nierlich, #2 Exhibit Declaration of Danna McKay)(Schifino, William) |
| Filing 19 Unopposed MOTION for G. Charles Nierlich to appear pro hac vice by Juul Labs, Inc. (Schifino, William) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 18 TERMINATED, Special Admission Certification form not to be filed electronically.***CERTIFICATE of counsel G. Charles Nierlich by William J. Schifino, Jr. on behalf of Juul Labs, Inc. (Schifino, William) Modified text and image on 5/20/2019 (LNR). |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Juul Labs, Inc. identifying Other Affiliate Lexington Insurance Company, Other Affiliate Altria Group, Inc., Other Affiliate RSUI Indemnity Company, Other Affiliate Gemini Insurance Company, Other Affiliate National Union Fire Insurance Company of Pittsburg, PA., Other Affiliate Starr Indemnity & Liability Company, Other Affiliate Endurance Risk Solutions Assurance Co., Other Affiliate RSG Underwriting Managers Europe Limited t/a Startpoint, Other Affiliate Underwriters at Lloyd's, London, Syndicate 3624, Other Affiliate Underwriters at Lloyd's, London, Syndicate 2623/623 for Juul Labs, Inc... (Schifino, William) |
| Filing 16 NOTICE of pendency of related cases per Local Rule 1.04(d) by Juul Labs, Inc.. Related case(s): yes (Schifino, William) |
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Filing 15
ENDORSED ORDER GRANTING IN PART AND DENYING IN PART #10 Defendants' Motion for Extension of Time to Respond to Plaintiffs' Complaint, and for Shortened Response Period. Defendants shall have up to and including June 12, 2019 to file their answers or otherwise respond to the Complaint. Defendants' request for a shortened response period is denied as moot. Signed by Judge Mary S. Scriven on 5/1/2019. (APF)
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| Filing 14 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Erin Nessmith, Jared Nessmith. Related case(s): yes (Haberman, Jeffrey) |
| Filing 13 AMENDED CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Erin Nessmith, Jared Nessmith. (Haberman, Jeffrey) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Erin Nessmith, Jared Nessmith. (Haberman, Jeffrey) |
| Filing 11 NOTICE of Appearance by Geoffrey Jonathan Michael on behalf of Altria Group, Inc., Philip Morris USA, Inc. (Michael, Geoffrey) |
| Filing 10 MOTION for Extension of Time to File Answer re #1 Complaint, and For Shortened Response Period by All Defendants. (Schifino, William) |
| Filing 9 CORPORATE Disclosure Statement by Philip Morris USA, Inc. identifying Corporate Parent Altria Group, Inc. for Philip Morris USA, Inc. (Michael, Geoffrey) |
| Filing 8 CORPORATE Disclosure Statement by Altria Group, Inc. (Michael, Geoffrey) |
| Filing 7 NOTICE of Appearance by William J. Schifino, Jr. on behalf of Juul Labs, Inc. (Schifino, William) |
| Filing 6 NOTICE of Appearance by George S. LeMieux on behalf of Juul Labs, Inc. (LeMieux, George) |
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Filing 5
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 5/1/2019. Signed by Judge Mary S. Scriven on 4/17/2019. (KTT)
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 5/1/2019. Signed by Judge Mary S. Scriven on 4/17/2019. (KTT)
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| Filing 3 SUMMONS issued as to Altria Group, Inc., Juul Labs, Inc., Philip Morris USA, Inc. (LNR) |
| Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Amanda Arnold Sansone. New case number: 8:19-cv-884-T-35AAS. (SJB) |
| Filing 1 COMPLAINT against Altria Group, Inc., Philip Morris USA, Inc., JUUL Labs, Inc. with Jury Demand (Filing fee $ 400 receipt number 113A-15351750) filed by Erin Nessmith, Jared Nessmith. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons)(Haberman, Jeffrey) |
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