Shapiro et al v. Altria Group, Inc. et al
| Julie Shapiro and Craig Shapiro |
| Altria Group Inc., My Vapor Hut, Philip Morris USA Inc, Juul Labs, Inc., Edgar F. Di Puglia and My Vapor Hut doing business as 1st Wave Vapor |
| 3:2019cv07428 |
| November 12, 2019 |
| US District Court for the Northern District of California |
| William H Orrick |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on November 12, 2019. A more recent docket listing may be available from PACER.
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| Filing 30 Case transferred in from District of Florida Southern; Case Number 0:19-cv-61548. Original file certified copy of transfer order and docket sheet received. |
| MEMBER CASE OPENED: re 3:19-md-02913-WHO; Southern District of Florida, 0:19-cv-61548-DPG Shapiro et al v. Juul Labs, Inc., et al.,, opened in California Northern District as 3:19-cv-07428-WHO pursuant to Conditional Transfer Order October 01,2019 cc: JPMDL (aaaS-adi, COURT STAFF) (Filed on 11/12/2019) |
| Filing 29 TRANSFER ORDER (TO-Dated 10/2/2019) transferring case to the Northern District of California re: MDL 2913 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable William H. Orrick III. (Signed by Sarah S. Vance, Chair). (pes) |
| SYSTEM ENTRY - Case 0:19-cv-61548 electronically transferred out to California Northern. (pes) |
| Filing 28 Courtesy Copy of TRANSFER ORDER (TO-Dated 10/2/2019) transferring case to the Northern District of California re: MDL 2913 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable William H. Orrick III. (Signed by Sarah S. Vance, Chair). (Awaiting certified copy from the transferee court). (mc) |
Filing 27
PAPERLESS ORDER granting #21 Motion to Stay. This case shall be stayed and administratively closed pending the decision of the Judicial Panel on Multidistrict Litigation (the "JPML") on whether to transfer this litigation to the U.S. District Court for the Northern District of California. Within seven days from the JPML's ruling, Plaintiffs shall file a notice here with the result. Signed by Judge Darrin P. Gayles on 8/15/2019. (jdo)
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| Filing 26 NOTICE by Juul Labs, Inc. re #21 MOTION to Stay Proceedings Pending JPML Determination (Attachments: #1 Exhibit (M.D. Fla. Order Staying NesSmith v. Altria Group, Inc., No. 8:19-cv-884-T-35AAS, Pending Determination of JLI's JPML Motion)) (McGinn, Timothy) |
| Filing 25 REPLY to Response to Motion re #17 MOTION to Remand to State Court and For Attorney's Fees filed by Craig Shapiro, Julie Shapiro. (Haberman, Jeffrey) |
| Filing 24 RESPONSE in Opposition re #17 MOTION to Remand to State Court filed by Altria Group, Inc., Juul Labs, Inc., Philip Morris USA Inc.. Replies due by 8/12/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Michael, Geoffrey) |
| Filing 23 REPLY to Response to Motion re #6 MOTION to Change Venue /Transfer MOTION to Stay in Favor of First-Filed Action filed by Juul Labs, Inc.. (Attachments: #1 Exhibit A (Attestation Of Counsel For Edgar F. Di Puglia In His Capacity As Owner Of The Smoke House Smoke Shop), #2 Exhibit B (Attestation Of Counsel For My Vapor Hut, Inc. d/b/a 1st Wave Vapor, #3 Exhibit C (In re JUUL Docket), #4 Exhibit D (Swearingen Transfer Order))(McGinn, Timothy) |
| Filing 22 Courtesy Copy of Juul Labs, Inc.'s Motion to Transfer Related Cases for Consolidated Pretrial Proceedings Pursuant to 28 U.S.C. 1407 filed before the United States Judicial Panel on Multidistrict Litigation (Attachments: #1 Brief in Support, #2 Schedule of Actions, #3 Proof of Service)(mc) Modified text on 8/5/2019 (mc). |
| Filing 21 MOTION to Stay Proceedings Pending JPML Determination by Juul Labs, Inc.. Responses due by 8/16/2019 (McGinn, Timothy) |
| Filing 20 RESPONSE in Opposition re #6 MOTION to Change Venue /Transfer MOTION to Stay in Favor of First-Filed Action And Response to All Defendants' Joint Notice [DE 19] filed by Craig Shapiro, Julie Shapiro. Replies due by 8/5/2019. (Attachments: #1 Exhibit 1)(Haberman, Jeffrey) |
| Filing 19 NOTICE by Juul Labs, Inc. re #6 MOTION to Change Venue /Transfer MOTION to Stay in Favor of First-Filed Action Defendants' Joint Notice Regarding Motion of Defendant JUUL Labs, Inc. to Transfer or Stay in Favor of First-Filed Action and Forthcoming Motion for Multi-District Litigation Treatment and Motion to Stay (McGinn, Timothy) |
| Filing 18 NOTICE of Attorney Appearance by Matthew Nicholas Adams on behalf of My Vapor Hut (Adams, Matthew) |
| Filing 17 MOTION to Remand to State Court by Craig Shapiro, Julie Shapiro. (Haberman, Jeffrey) |
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Filing 16
PAPERLESS ORDER granting in part #8 Defendants' Expedited Motion for Extension of Time to Respond to Plaintiffs Complaint and to Stay Compliance with Rules 16 and 26 of the Federal Rules of Civil Procedure ("Motion"). The Court held a status conference and considered the Motion on June 28, 2019. At the hearing, Defendants argued that this case should be transferred to the Northern District of California because the issues presented in this case are substantially similar to those presented in In re: JUUL Labs, Inc. Products Litigation, No. 3:18-cv-02499-WHO (N.D. Cal. Nov. 27, 2018) ("In re JUUL"). Notably, two courts in this district have granted transfer for that reason. See Zampa v. JUUL Labs, Inc., No. 1:18-cv-25005-KMW (S.D. Fla. Apr. 23, 2019); J.Y. v. JUUL Labs, Inc., No. 2:18-cv-14416-RLR (S.D. Fla. Nov. 6, 2018). However, this case presents a different posture. On its face, the Complaint divests this Court of jurisdiction because of the presence of non-diverse parties, whereas Zampa and J.Y. were brought solely against JUUL Labs, Inc. Additionally, at the hearing on the Motion, counsel for the Smoke House Smoke Shop, a non-diverse party, opposed transfer of the case against it because the California court would not have personal jurisdiction over it. Plaintiffs counsel similarly represented that this case should be remanded but has not filed an appropriate motion. Accordingly, this action, including compliance with Fed. R. Civ. P. Rules 16 and 26, shall be stayed for 60 days. Should Plaintiffs wish to proceed with a motion to remand, such motion shall be filed on or before July 22, 2019. If so filed, Defendants shall respond within the time permitted by the local rules. Signed by Judge Darrin P. Gayles (isc)
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| Filing 15 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Telephonic Status Conference held on 6/28/2019. Total time in court: 30 minutes. Counsel for all parties present. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (isc) |
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Filing 14
PAPERLESS ORDER granting #12 and #13 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Austin V. Schwing and Deborah L. Stein are permitted to appear before this Court on behalf of Defendant JUUL Labs, Inc., for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Schwing at ASchwing@gibsondunn.com and Ms. Stein at DStein@gibsondunn.com. Signed by Judge Darrin P. Gayles (isc)
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| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Deborah L. Stein. Filing Fee $ 75.00 Receipt # 113C-11766582 by Juul Labs, Inc.. Responses due by 7/10/2019 (Attachments: #1 Certification of Deborah L. Stein, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice, Consent to Designation and Request to Receive Notices of Electronic Filing)(McGinn, Timothy) |
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Austin V. Schwing. Filing Fee $ 75.00 Receipt # 113C-11766461 by Juul Labs, Inc.. Responses due by 7/10/2019 (Attachments: #1 Certification of Austin V. Schwing, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice, Consent to Designation and Request to Receive Notices of Electronic Filing)(McGinn, Timothy) |
| Filing 11 Bar Letter re: Admissions sent to attorney Matthew Adams, (cco) |
| Filing 10 CLERK'S NOTICE that attorney Melody Ridgley Fortunato has not been added to this case re #1 Notice of Removal (State Court Complaint). For further information, please contact Attorney Admissions at 305-523-5265. (cco) |
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Filing 9
PAPERLESS ORDER Setting Status Conference. Telephonic Status Conference set for June 28, 2019, at 11:30 AM before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (isc)
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| Filing 8 EXPEDITED MOTION of Defendants for an Extension of Time to Respond to Plaintiffs' Complaint and to Stay Compliance with Rules 16 and 26 of the Federal Rules of Civil Procedure by Juul Labs, Inc.. (Attachments: #1 Text of Proposed Order Granting Expedited Motion of Defendants for an Extension of Time to Respond to Plaintiffs' Complaint and to Stay Compliance with Rules 16 and 26 of the Federal Rules of Civil Procedure)(McGinn, Timothy) |
| Filing 7 NOTICE by Altria Group, Inc., Philip Morris USA Inc. re #6 MOTION to Change Venue /Transfer MOTION to Stay in Favor of First-Filed Action (Notice of Joinder in Motion) (Michael, Geoffrey) |
| Filing 6 MOTION to Change Venue /Transfer ( Responses due by 7/8/2019), MOTION to Stay in Favor of First-Filed Action by Juul Labs, Inc.. (Attachments: #1 Affidavit Declaration of Danna McKay, #2 Affidavit Declaration of George S. LeMieux)(McGinn, Timothy) |
| Filing 5 Corporate Disclosure Statement by Juul Labs, Inc. identifying Other Affiliate Altria Enterprises LLC for Juul Labs, Inc. (McGinn, Timothy) |
| Filing 4 Notice of Pending, Refiled, Related or Similar Actions by Juul Labs, Inc.. Attorney Timothy John McGinn, Jr added to party Juul Labs, Inc.(pty:dft). (McGinn, Timothy) |
| Filing 3 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (isc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Barry S. Seltzer is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint and Demand for Jury Trial) Filing fee $ 400.00 receipt number 113C-11753123, filed by Altria Group, Inc., Philip Morris USA Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Corporate Disclosure (Altria), #8 Exhibit Corporate Disclosure (PM USA))(Michael, Geoffrey) |
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