Bentley v. Juul Labs Inc et al
| Brian Bentley |
| Pax Labs Inc, Altria Group Inc., Philip Morris USA Inc, Athens Smoke Shop and Juul Labs, Inc. |
| 3:2020cv00854 |
| February 5, 2020 |
| US District Court for the Northern District of California |
| William H Orrick |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 39 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 38 Case transferred in from District of Alabama Northern; Case Number 5:19-cv-01313. Original file certified copy of transfer order and docket sheet received. |
| MEMBER CASE OPENED: Northern District of Alabama, 5:19-cv-01313, Bentley v. Juul Labs Inc et al, Opened in California Northern District as Cv 20-854 WHO pursuant to Conditional Transfer Order #37 cc: JPMDL (slhS, COURT STAFF) (Filed on 2/5/2020) |
Filing 37
ORDER Transferring Case to MDL: ORDER of Judicial Panel on Multidistrict Litigation transferring this case to the Northern District of California for inclusion in MDL 2913; case electronically sent to the Clerk of Court in of the Northern District of California. Signed by Judge Liles C Burke on 2/4/2020. (AHI)
|
| Filing 36 First MOTION for More Definite Statement by Athens Smoke Shop. (Chesnut, Richard) |
|
Filing 35
ORDER that the #30 MOTION TO RECONSIDER STAY ORDER AND MOTION FOR EXPEDITED HEARING ON REMAND is DENIED and this proceeding REMAINS STAYED pending a resolution by the JPML of plaintiff's objection to the CTO; parties shall file a joint status report within 7 days of a finalresolution by the JPML with respect to the transfer of this action. Signed by Judge Liles C Burke on 10/22/2019.(AHI)
|
| Filing 34 NOTICE of Amended Exhibit A to #33 Plaintiff's Report on MDL Status and Reply to Defendants' Opposition filed by Brian Bentley. (VanZandt, Joseph) Modified on 10/21/2019 (AHI). |
| Filing 33 REPLY to re #32 Plaintiff's Report on MDL Status and Reply to Defendants' Opposition filed by Brian Bentley. (Attachments: #1 Exhibit)(VanZandt, Joseph) |
| Filing 32 RESPONSE in Opposition re #30 MOTION filed by Juul Labs Inc. (Attachments: #1 Exhibit JPML Transfer Order, #2 Exhibit Conditional Transfer Order, #3 Exhibit Notice of Opposition to CTO, #4 Exhibit Notice of Transfer of Helms Case, #5 Exhibit Helms - Response to Renewed Motion to Stay)(Brooks, William) |
|
Filing 31
TEXT ORDER setting deadline to respond to #30 Plaintiff's Report on MDL Status, Motion to Reconsider Stay Order, and Motion for Expedited Hearing on Remand. Response due by October 17, 2019. Signed by Judge Liles C Burke on 10/3/2019. (NDH)
|
| Filing 30 STATUS REPORT ON MDL STATUS, MOTION TO RECONSIDER STAY ORDER AND MOTION FOR EXPEDITED HEARING ON REMAND by Brian Bentley. filed by Brian Bentley (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(VanZandt, Joseph) |
|
Filing 29
ORDER that the #6 MOTION to Stay is GRANTED and this action is STAYED pending a ruling by the JPML on Juul's Motion to transfer to MDL No. 2913; Juul shall notify the court within 7 days of a ruling by the JPML in MDL 2913 regarding the transfer of this action. Signed by Judge Liles C Burke on 10/1/2019. (AHI)
|
| Minute Entry for proceedings held before Judge Liles C Burke: Motion Hearing held on 9/30/2019; Joseph VanZant on behalf of pla, William Brooks on behalf of dft Juul Labs, and Bruce Barze on behalf of Philip Morris USA Inc and Altria Group Inc. (Court Reporter Christina Decker.) (SPT ) |
| Filing 28 REPLY to Response to Motion re #13 MOTION to Remand to State Court filed by Brian Bentley. (Attachments: #1 Exhibit Exhibit A)(VanZandt, Joseph) |
| Filing 27 RESPONSE in Support re #6 MOTION to Stay Pending JPML Determination filed by Juul Labs Inc. (Attachments: #1 Exhibit Stay Order - Helms v. JUUL Labs, Inc., #2 Exhibit Stay Order - West v. JUUL Labs, Inc.)(Brooks, William) |
| Filing 26 RESPONSE in Support re #6 MOTION to Stay Pending JPML Determination filed by Juul Labs Inc. (Brooks, William) |
|
Filing 25
ORDER DISMISSING FEWER THAN ALL DEFENDANTS that pursuant to the stipulation dismissal, it is ORDERED that the claims against Pax Labs Inc. are DISMISSED WITHOUT PREJUDICE. Signed by Judge Liles C Burke on 9/18/2019. (AHI)
|
| Filing 24 REPLY Brief filed by Defendant Juul Labs Inc re: #13 MOTION to Remand to State Court filed by Juul Labs Inc. (Yearout, Christopher) |
| Filing 23 STIPULATION of Dismissal without Prejudice by Brian Bentley. filed by Brian Bentley (VanZandt, Joseph) |
|
Filing 22
TEXT ORDER granting #21 Motion to Admit Counsel Austin V. Schwing pro hac vice. Signed by Judge Liles C Burke on 9/10/2019. (NDH)
|
| Filing 21 MOTION for Leave to Appear Pro Hac Vice (Austin V. Schwing) by Juul Labs Inc. (Attachments: #1 Exhibit Declaration of Schwing)(Brooks, William) |
| PHV Fee paid: $ 75, receipt number 1126-3430688 (B4601100513). (Brooks, William) |
|
Filing 20
TEXT ORDER that a motion hearing is set for 9/30/19 at 1:30 p.m. in the Federal Courthouse, Huntsville, AL regarding the MOTION to Stay Pending JPML Determination filed by Juul Labs Inc. Signed by Judge Liles C Burke on 09/06/19. (SPT )
|
|
Filing 19
ORDER that the #11 Motion for Extension of Time is GRANTED as more fully set out in order. Signed by Judge Liles C Burke on 9/4/2019. (AHI)
|
| Filing 18 REPLY to Response to Motion re #6 MOTION to Stay Pending JPML Determination filed by Juul Labs Inc. (Yearout, Christopher) |
| Filing 17 RESPONSE in Opposition re #11 MOTION for Extension of Time to Respond to the Complaint filed by Brian Bentley. (VanZandt, Joseph) |
|
Filing 16
TEXT ORDER. This action was removed to this Court by defendants Philip Morris USA Inc., Altria Group Inc., and Juul Labs Inc. on August 14, 2019; in the notice of removal, these defendants argued that defendant Athens Smoke Shop was fraudulently joined in this lawsuit. As a result, the Court set a deadline for plaintiff to respond to this allegation (doc. 9). Plaintiff then filed a motion to remand (doc. 13); the motion to remand also serves as the court-ordered response to the allegation of fraudulent joinder made in the notice of removal. The Court will therefore give defendants Philip Morris USA Inc., Altria Group Inc., and Juul Labs Inc. an opportunity to file a reply by September 13, 2019. Signed by Judge Liles C Burke on 9/3/2019. (NDH)
|
| Filing 15 RESPONSE to re #13 , 9 filed by Brian Bentley. (VanZandt, Joseph) |
| Filing 14 RESPONSE in Opposition re #6 MOTION to Stay Pending JPML Determination filed by Brian Bentley. (Attachments: #1 Exhibit EX A - West Order, #2 Exhibit)(VanZandt, Joseph) |
| Filing 13 MOTION to Remand to State Court by Brian Bentley. (Attachments: #1 Exhibit Ex A Motion to Remand, #2 Exhibit Ex B Motion To Remand)(VanZandt, Joseph) |
|
Filing 12
TEXT ORDER setting motion deadline #11 Motion for Extension of Time. Response is due by September 3, 2019. Signed by Judge Liles C Burke on 8/27/2019. (NDH)
|
| Filing 11 MOTION for Extension of Time to Respond to the Complaint by Juul Labs Inc. (Brooks, William) |
| Filing 10 NOTICE by Altria Group Inc, Philip Morris USA Inc re #6 MOTION to Stay Pending JPML Determination (Barze, R) |
|
Filing 9
TEXT ORDER setting deadline for plaintiff to respond to defendants' assertion that defendant Athens Smoke Shop is not properly joined in this lawsuit by September 9, 2019. Signed by Judge Liles C Burke on 8/26/2019. (NDH)
|
|
Filing 8
TEXT ORDER setting motion deadline #6 Motion to Stay. The Court adopts the parties' agreed upon briefing schedule (doc. 7). Response due on August 30, 2019, and any reply due on September 3, 2019. Signed by Judge Liles C Burke on 8/26/2019. (NDH)
|
| Filing 7 Agreed BRIEFING Schedule on Motion to Stay Proceedings Pending JPML Determination filed by Juul Labs Inc (Yearout, Christopher) |
| Filing 6 MOTION to Stay Pending JPML Determination by Juul Labs Inc. (Attachments: #1 Exhibit A - JLI's motion to transfer to MDL, #2 Exhibit B - schedules/notices of tag-along actions, #3 Exhibit C - MDL hearing order, #4 Exhibit D - Nessmith v. JLI - order granting stay, #5 Exhibit E - Shapiro v. JLI - order granting stay, #6 Exhibit F - West v. JLI - Pltf's opp to motion to stay, #7 Exhibit G - Pltf's response to motion to transfer (Helms, West))(Yearout, Christopher) |
| Filing 5 Corporate Disclosure Statement by Philip Morris USA Inc. filed by Philip Morris USA Inc (Barze, R) |
| Filing 4 Corporate Disclosure Statement by Altria Group Inc. filed by Altria Group Inc (Barze, R) |
|
Filing 3
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS as more fully set out in order. Signed by Judge Liles C Burke on 08/16/19. (SPT)
|
| Filing 2 Corporate Disclosure Statement by Juul Labs Inc. filed by Juul Labs Inc (Brooks, William) |
| Filing Fee: Filing fee $ 400, receipt_number 1126-3412842 (receipt number B4601099904). related document #1 NOTICE OF REMOVAL by Philip Morris USA Inc, Altria Group Inc, and Juul Labs Inc from Circuit Court of Limestone County, Alabama, case number 44-cv-2019-900271 with jury demand contained within the body of the complaint filed by Philip Morris USA Inc, Altria Group Inc, and Juul Labs Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(AHI). (Brooks, William) Modified on 8/16/2019 (BJL). |
| NOTICE -- First Amended Complaint filed by plaintiff (DEEMED filed 7/26/2019 in state court) Second Amended Complaint filed by plaintiff (DEEMED filed 8/6/2019 in state court) (AHI) |
| Filing 1 NOTICE OF REMOVAL by Philip Morris USA Inc, Altria Group Inc, and Juul Labs Inc from Circuit Court of Limestone County, Alabama, case number 44-cv-2019-900271 with jury demand contained within the body of the complaint filed by Philip Morris USA Inc, Altria Group Inc, and Juul Labs Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(AHI) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
