The County of Genesee et al v. McKinsey & Company, Inc.
| The County of Steuben, The City of Buffalo, The County of Clinton, The County of Chemung, The County of Livingston, The County of Orleans, The City of Kingston, The City of Mount Vernon, The County of Cortland, The County of Hamilton, The County of Madison, The County of Rensselaer, The City of Saratoga Springs, The County of Genesee, The County of Chautauqua, The City of Poughkeepsie, The County of Chenango, The County of Niagara, The City of Ithaca, The Town of Poughkeepsie and The Town of Auburn |
| McKinsey & Company Inc |
| 3:2021cv04386 |
| June 9, 2021 |
| US District Court for the Northern District of California |
| Charles R Breyer |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 29 Case transferred in from District of New York Eastern; Case Number 2:21-cv-01039. Original file certified copy of transfer order and docket sheet received. |
| MEMBER CASE OPENED: New York Eastern, 2:21-cv-01039, The County of Genesee et al v. McKinsey & Company, Inc., Opened in California Northern District as 3:21-cv-04386-CRB pursuant to Transfer Order cc: JPMDL (fabS, COURT STAFF) (Filed on 6/9/2021) |
| Filing 28 Certified JPMDL Transfer Order: IT IS THEREFORE ORDERED that the actions listed on Schedule A and pending outside the Northern District of California are transferred to the Northern District of California and, with the consent of that court, assigned to the Honorable Charles R. Breyer for coordinated or consolidated proceedings. (Florio, Lisa) |
| Case transferred to Northern District of California. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Florio, Lisa) |
| Filing 27 JPMDL Transfer Order: IT IS THEREFORE ORDERED that the actions listed on Schedule A and pending outside the Northern District of California are transferred to the Northern District of California and, with the consent of that court, assigned to the Honorable Charles R. Breyer for coordinated or consolidated proceedings. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Northern District of California. (Florio, Lisa) |
Filing 26
MEMORANDUM & ORDER: IT IS HEREBY ORDERED: Defendant's Stay Motion (ECF No. #13 ) is GRANTED; In conjunction with granting the Stay Motion, Defendant's letter motion to extend its time to answer the complaint (ECF No. #16 ) is also GRANTED; and The Court declines to rule on Plaintiffs' Remand Motion (ECF No. #17 ) pending the JPML's resolution of Defendant's motion to transfer. Ordered by Judge Joanna Seybert on 5/28/2021. (Florio, Lisa)
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| Filing 25 REPLY in Support re #17 MOTION to Remand to State Court Reply Brief in Support of Plaintiff's Motion for Remand or Abstention filed by All Plaintiffs. (Badala, Salvatore) |
| Filing 24 AFFIDAVIT/DECLARATION in Opposition re #17 MOTION to Remand to State Court filed by McKinsey & Company, Inc.. (Attachments: #1 Exhibit 1 - Genesee Complaint, #2 Exhibit 2 - First Amended Complaint, #3 Exhibit 3 - County of Genesee Court Notice (ECF 7), #4 Exhibit 4 - Claim No. 87912 (Genesee), #5 Exhibit 5 - Claim No. 82196 (Buffalo), #6 Exhibit 6 - Claim No. 83234 (Chautauqua), #7 Exhibit 7 - Claim No. 83241 (Hamilton), #8 Exhibit 8 - Claim No. 86912 (City of Poughkeepsie), #9 Exhibit 9 - Claim No. 86947 (Mount Vernon), #10 Exhibit 10 - Claim No. 86964 (Cortland), #11 Exhibit 11 - Claim No. 87645 (Auburn), #12 Exhibit 12 - Claim No. 87668 (Chemung), #13 Exhibit 13 - Claim No. 87696 (Clinton), #14 Exhibit 14 - Claim No. 87916 (Chenango), #15 Exhibit 15 - Claim No. 88113 (Steuben), #16 Exhibit 16 - Claim No. 88127 (Kingston), #17 Exhibit 17 - Claim No. 88142 (Livingston), #18 Exhibit 18 - Claim No. 88214 (Ithaca), #19 Exhibit 19 - Claim No. 89292 (Niagara), #20 Exhibit 20 - Claim No. 89341 (Rensselaer), #21 Exhibit 21 - Claim No. 89720 (Orleans), #22 Exhibit 22 - Claim No. 144742 (Madison), #23 Exhibit 23 - Claim No. 144743 (Town of Poughkeepsie), #24 Exhibit 24 - Claim No. 148568 (Saratoga Springs), #25 Exhibit 25 - Purdue (2487) Plan, #26 Exhibit 26 - Hon. Jones Order) (Bernard, James) |
| Filing 23 MEMORANDUM in Opposition re #17 MOTION to Remand to State Court filed by McKinsey & Company, Inc.. (Bernard, James) |
| Filing 22 REPLY to Response to Motion re #13 Notice of MOTION to Stay /Notice of Motion for a Stay Pending The Judicial Panel On Multidistrict Litigation's Decision On Defendant's Motion For Consolidated Pretrial Proceedings filed by McKinsey & Company, Inc.. (Bernard, James) |
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ELECTRONIC ORDER granting #19 Motion for Extension of Time to File. Upon review of Defendant's request for an extension (ECF No. #19 ) and Plaintiffs' opposition (ECF No. #21 ), Defendant's request is GRANTED. The Court hereby revises the briefing schedule on Plaintiffs' motion to remand as follows: Defendant shall file its opposition on or before April 23, 2021; and Plaintiffs shall file their reply, if any, on or before May 7, 2021. Ordered by Judge Joanna Seybert on 3/30/2021. (Dimarco, Nicholas)
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| Filing 21 RESPONSE in Opposition re #19 Letter MOTION for Extension of Time to File Opposition to Plaintiff's Motion for Remand or Abstention (ECF Doc 17) filed by All Plaintiffs. (Badala, Salvatore) |
| Filing 20 STATE COURT RECORD received from Suffolk County Clerk's Office for E-filed Supreme Court Case, Index No. 400002/2021. (Valle, Christine) |
| Filing 19 Letter MOTION for Extension of Time to File Opposition to Plaintiff's Motion for Remand or Abstention (ECF Doc 17) by McKinsey & Company, Inc.. (Cheifetz, David) |
| Filing 18 RESPONSE in Opposition re #13 Notice of MOTION to Stay /Notice of Motion for a Stay Pending The Judicial Panel On Multidistrict Litigation's Decision On Defendant's Motion For Consolidated Pretrial Proceedings Plaintiffs' memorandum of Law in Opposition to McKinsey's Motion to Stay filed by All Plaintiffs. (Badala, Salvatore) |
| Filing 17 MOTION to Remand to State Court by The City of Buffalo, The City of Ithaca, The City of Kingston, The City of Mount Vernon, The City of Poughkeepsie, The City of Saratoga Springs, The County of Chautauqua, The County of Chemung, The County of Chenango, The County of Clinton, The County of Cortland, The County of Genesee, The County of Hamilton, The County of Livingston, The County of Madison, The County of Niagara, The County of Orleans, The County of Rensselaer, The County of Steuben, The Town of Auburn, The Town of Poughkeepsie. (Attachments: #1 Memorandum in Support Memorandum of Law in Support of Plaintiffs' Motion for Remand or Abstention, #2 Declaration Declaration of Salvatore C. Badala, #3 Exhibit Exhibit 1 to Declaration, #4 Exhibit Exhibit 2 to Declaration, #5 Exhibit Exhibit 3 to Declaration, #6 Exhibit Exhibit 4 to Declaration) (Badala, Salvatore) |
| Filing 16 Letter MOTION for Extension of Time to File Answer re #13 Notice of MOTION to Stay /Notice of Motion for a Stay Pending The Judicial Panel On Multidistrict Litigation's Decision On Defendant's Motion For Consolidated Pretrial Proceedings, #1 Notice of Removal,,,,,, /James L. Bernard Unopposed Letter Motion for an Extension of Time to Answer, Move or otherwise Respond to the Complaint by McKinsey & Company, Inc.. (Bernard, James) |
| Filing 15 Copy of Motion of Defendants for Transfer Of Actions Pursuant To 28 U.S.C. 1407 For Coordinated or Consolidated Pretrial Proceedings. Originally filed before the JPMDL. (Marziliano, August) |
| Filing 14 MEMORANDUM in Support re #13 Notice of MOTION to Stay /Notice of Motion for a Stay Pending The Judicial Panel On Multidistrict Litigation's Decision On Defendant's Motion For Consolidated Pretrial Proceedings filed by McKinsey & Company, Inc.. (Bernard, James) |
| Filing 13 Notice of MOTION to Stay /Notice of Motion for a Stay Pending The Judicial Panel On Multidistrict Litigation's Decision On Defendant's Motion For Consolidated Pretrial Proceedings by McKinsey & Company, Inc.. (Bernard, James) |
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ELECTRONIC ORDER granting #11 Motion for Leave to File Motion to Stay. All future filings related to Defendant's Motion to Stay shall be directed to undersigned. Ordered by Judge Joanna Seybert on 3/10/2021. (Dimarco, Nicholas)
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| Filing 12 Letter in response to Mr. Bernard's correspondence dated March 8, 2021 (ECF No. 11) by The City of Buffalo, The City of Ithaca, The City of Kingston, The City of Mount Vernon, The City of Poughkeepsie, The City of Saratoga Springs, The County of Chautauqua, The County of Chemung, The County of Chenango, The County of Clinton, The County of Cortland, The County of Genesee, The County of Hamilton, The County of Livingston, The County of Madison, The County of Niagara, The County of Orleans, The County of Rensselaer, The County of Steuben, The Town of Auburn, The Town of Poughkeepsie (Badala, Salvatore) |
| Filing 11 Letter MOTION for Leave to File Document /James L. Bernard Letter Motion for leave to file Motion to Stay Proceedings before Judge Seybert by McKinsey & Company, Inc.. (Bernard, James) |
| Filing 10 NOTICE by McKinsey & Company, Inc. /Notice of Filing with the Judicial Panel on Multidistrict Litigation of Motion to Transfer for Coordinated or Consolidated Pretrial Proceedings (Attachments: #1 Exhibit A - Motion to Transfer, #2 Exhibit B - Brief in Support of Motion to Transfer, #3 Exhibit C - Schedule of Actions, #4 Exhibit D - Dockets and Complaints, #5 Exhibit E - Dockets and Complaints, #6 Exhibit F - Declaration and Exhibits) (Bernard, James) |
| Filing 9 NOTICE of Appearance by Shayna Erin Sacks on behalf of The City of Buffalo, The City of Ithaca, The City of Kingston, The City of Mount Vernon, The City of Poughkeepsie, The City of Saratoga Springs, The County of Chautauqua, The County of Chemung, The County of Chenango, The County of Clinton, The County of Cortland, The County of Genesee, The County of Hamilton, The County of Livingston, The County of Madison, The County of Niagara, The County of Orleans, The County of Rensselaer, The County of Steuben, The Town of Auburn, The Town of Poughkeepsie (aty to be noticed) (Sacks, Shayna) |
| Filing 8 NOTICE of Appearance by Joseph L Ciaccio on behalf of The City of Buffalo, The City of Ithaca, The City of Kingston, The City of Mount Vernon, The City of Poughkeepsie, The City of Saratoga Springs, The County of Chautauqua, The County of Chemung, The County of Chenango, The County of Clinton, The County of Cortland, The County of Genesee, The County of Hamilton, The County of Livingston, The County of Madison, The County of Niagara, The County of Orleans, The County of Rensselaer, The County of Steuben, The Town of Auburn, The Town of Poughkeepsie (aty to be noticed) (Ciaccio, Joseph) |
| Filing 7 NOTICE of Appearance by Salvatore C. Badala on behalf of The City of Buffalo, The City of Ithaca, The City of Kingston, The City of Mount Vernon, The City of Poughkeepsie, The City of Saratoga Springs, The County of Chautauqua, The County of Chemung, The County of Chenango, The County of Clinton, The County of Cortland, The County of Genesee, The County of Hamilton, The County of Livingston, The County of Madison, The County of Niagara, The County of Orleans, The County of Rensselaer, The County of Steuben, The Town of Auburn, The Town of Poughkeepsie (aty to be noticed) (Badala, Salvatore) |
| Filing 6 AFFIDAVIT of Service for Notice of Removal and Exhibits, Corporate Disclosure Statement, and Civil Cover Sheet, served on Salvatore C. Badala, Esq., Napoli Shkolnik, PLLC, 400 Broadhollow Road, Suite 305, Melville, New York, 11747 and Salvatore C. Badala, Esq., Napoli Shkolnik, PLLC, 360 Lexington Avenue, 11th Floor, New York, NY 10017 on February 26, 2021, filed by McKinsey & Company, Inc.. (Bernard, James) |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Case Assigned to Judge Joanna Seybert and Magistrate Judge Steven I. Locke. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) |
| Filing 3 Corporate Disclosure Statement by McKinsey & Company, Inc. (Bernard, James) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal,,,,, by McKinsey & Company, Inc. (Bernard, James) |
| Filing 1 NOTICE OF REMOVAL by McKinsey & Company, Inc. from Supreme Court, Suffolk County, case number 400002/2021. ( Filing fee $ 402 receipt number ANYEDC-14206212) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit 1 - Genesee Complaint, #2 Exhibit 2 - First Amended Complaint, #3 Exhibit 3 - Purdue Voluntary Petition, #4 Exhibit 4 - Claim No. 87912 (Genesee), #5 Exhibit 5 - Claim No. 82196 (Buffalo), #6 Exhibit 6 - Claim No. 83234 (Chautauqua), #7 Exhibit 7 - Claim No. 83241 (Hamilton), #8 Exhibit 8 - Claim No. 86912 (City of Poughkeepsie), #9 Exhibit 9 - Claim No. 86947 (Mount Vernon), #10 Exhibit 10 - Claim No. 86964 (Cortland), #11 Exhibit 11 - Claim No. 87645 (Auburn), #12 Exhibit 12 - Claim No. 87668 (Chemung), #13 Exhibit 13 - Claim No. 87696 (Clinton), #14 Exhibit 14 - Claim No. 87916 (Chenango), #15 Exhibit 15 - Claim No. 88113 (Steuben), #16 Exhibit 16 - Claim No. 88127 (Kingston), #17 Exhibit 17 - Claim No. 88142 (Livingston), #18 Exhibit 18 - Claim No. 88214 (Ithaca), #19 Exhibit 19 - Claim No. 89292 (Niagara), #20 Exhibit 20 - Claim No. 89341 (Rensselaer), #21 Exhibit 21 - Claim No. 89720 (Orleans), #22 Exhibit 22 - Claim No. 144742 (Madison), #23 Exhibit 23 - Claim No. 144743 (Town of Poughkeepsie), #24 Exhibit 24 - Claim No. 148568 (Saratoga Springs), #25 Exhibit 25 - County of Genesee Court Notice) (Bernard, James) Modified on 2/26/2021 (Rodin, Deanna). |
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