Schmitz et al v. Avon Products Inc et al
| Fotini Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Katerina Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Argereos Giannikos, a minor, by his Guardian Ad Litem Susan Jean Bader, Ariana Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Robert Evan Schmitz and Ashley Leigh Schmitz |
| Johnson & Johnson Consumer Inc., Avon Products Inc, Colgate-Palmolive Co, Longs Drug Stores California L.L.C. and Johnson & Johnson |
| 4:2020cv01340 |
| February 21, 2020 |
| US District Court for the Northern District of California |
| Jeffrey S White |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on April 13, 2020. A more recent docket listing may be available from PACER.
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Filing 38
ORDER by Judge Jeffrey S. White DENYING #23 MOTION FOR LEAVE TO ADD CALIFORNIA CITIZEN DEFENDANT AND TO REMAND; GRANTING MOTIONS #24 & #27 TO STAY; AND REQUIRING JOINT STATUS REPORTS. Joint Status Report due by 10/13/2020. (amgS, COURT STAFF) (Filed on 4/13/2020)
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| Filing 37 SPECIALLY APPEARING DEFENDANT AVON PRODUCTS, INC'S REPLY BRIEF IN SUPPORT OF #27 MOTION TO STAY PROCEEDINGS OR, IN THE ALTERNATIVE, EXTEND ITS TIME TO RESPOND TO PLAINTIFFS COMPLAINT filed by Avon Products Inc. (Attachments: #1 Certificate/Proof of Service)(Branham, Elizabeth) (Filed on 4/10/2020) Modified on 4/13/2020 (cjlS, COURT STAFF). |
| Filing 36 REPLY TO PLAINTIFFS OPPOSITION TO #23 MOTION TO STAY CASE PENDING RESOLUTION OF APPEALS filed by Colgate-Palmolive Co, Longs Drug Stores California L.L.C. (Mularczyk, Peter) (Filed on 4/10/2020) Modified on 4/13/2020 (cjlS, COURT STAFF). |
| Filing 35 REPLY (re #23 Motion for Leave to Add a California-Citizen Defendant; and to Remand This Case to State Court ) filed byAriana Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Fotini Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Katerina Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Argereos Giannikos, a minor, by his Guardian Ad Litem Susan Jean Bader, Ashley Leigh Schmitz, Robert Evan Schmitz. (Attachments: #1 Declaration Reply Declaration of Michael T. Stewart in Support of Plaintiffs' Motion for Leave to Add a California-Citizen Defendant and to Remand this Case to State Court, #2 Exhibit Exhibit 14 to the Declaration of Michael T. Stewart, #3 Exhibit Exhibit 15 to the Declaration of Michael T. Stewart, #4 Certificate/Proof of Service Certificate of Service)(Stewart, Michael) (Filed on 4/10/2020) |
| Filing 34 OPPOSITION/RESPONSE (re #23 Motion for Leave to Add a California-Citizen Defendant; and to Remand This Case to State Court) filed byColgate-Palmolive Co, Longs Drug Stores California L.L.C. (Attachments: #1 Declaration Of Peter Mularczyk iso Opposition, #2 Exhibit to Decalaration of Peter Mularczyk, #3 Declaration of Thomas Moffatt, #4 Exhibit to Declaration of Thomas Moffatt, #5 Proposed Order)(Mularczyk, Peter) (Filed on 4/3/2020) Modified on 4/6/2020 (cjlS, COURT STAFF). |
| Filing 33 OPPOSITION/RESPONSE (re #24 MOTION to Stay CASE PENDING RESOLUTION OF APPEALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF) filed by Ariana Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Fotini Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Katerina Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Argereos Giannikos, a minor, by his Guardian Ad Litem Susan Jean Bader, Ashley Leigh Schmitz, Robert Evan Schmitz. (Attachments: #1 Certificate/Proof of Service)(Stewart, Michael) (Filed on 4/3/2020) Modified on 4/6/2020 (cjlS, COURT STAFF). |
| Filing 32 OPPOSITION/RESPONSE (re #27 SPECIALLY APPEARING DEFENDANT AVON PRODUCTS, INC'S MOTION TO STAY PROCEEDINGS ) filed byAriana Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Fotini Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Katerina Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Argereos Giannikos, a minor, by his Guardian Ad Litem Susan Jean Bader, Ashley Leigh Schmitz, Robert Evan Schmitz. (Attachments: #1 Certificate/Proof of Service)(Stewart, Michael) (Filed on 4/3/2020) |
| Filing 31 NOTICE of Appearance by Bryan Lawrence King on behalf of Defendants JOHNSON & JOHNSON and JOHNSON & JOHNSON CONSUMER INC. (King, Bryan) (Filed on 4/1/2020) |
| Filing 30 CLERK'S NOTICE CONTINUING HEARING as to #24 MOTION to Stay and #23 Motion for Remand. Motion Hearing set for 5/1/2020 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. (jjoS, COURT STAFF) (Filed on 3/26/2020) |
| #Electronic filing error. Incorrect event used. [err101] REMINDER: Local Rule 7-2.(4) Requires the points and authorities in support of the motion to be filed as one document with the motion, not in a separate docket entry. No further action is necessary. Re: #28 Memorandum of Points and Authorities filed by Avon Products Inc. (cjlS, COURT STAFF) (Filed on 3/24/2020) |
| Filing 29 NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING by Avon Products Inc. (Branham, Elizabeth) (Filed on 3/23/2020) Modified on 3/24/2020 (cjlS, COURT STAFF). |
| Filing 28 Memorandum of Points and Authorities re #27 SPECIALLY APPEARING DEFENDANT AVON PRODUCTS, INC'S NOTICE OF MOTION AND MOTION TO STAY PROCEEDINGS OR, IN THE ALTERNATIVE, EXTEND ITS TIME TO RESPOND TO PLAINTIFFS COMPLAINT filed by Avon Products Inc. (Attachments: #1 Affidavit AFFIDAVIT OF ELIZABETH N. BRANHAM IN SUPPORT OF SPECIALLY APPEARING DEFENDANT AVON PRODUCTS, INC. MOTION TO STAY PROCEEDINGS OR, IN THE ALTERNATIVE, EXTEND ITS TIME TO RESPOND TO PLAINTIFFS COMPLAINT, #2 Proposed Order [PROPOSED] ORDER GRANTING SPECIALLY APPEARING DEFENDANT AVON PRODUCTS, INC.S MOTION TO STAY PROCEEDINGS OR, IN THE ALTERNATIVE, EXTEND ITS TIME TO RESPOND TO PLAINTIFFS COMPLAINT, #3 Certificate/Proof of Service PROOF OF SERVICE)(Related document(s) #27 ) (Branham, Elizabeth) (Filed on 3/23/2020) Modified on 3/24/2020 (cjlS, COURT STAFF). |
| Filing 27 SPECIALLY APPEARING DEFENDANT AVON PRODUCTS, INC'S NOTICE OF MOTION AND MOTION TO STAY PROCEEDINGS OR, IN THE ALTERNATIVE, EXTEND ITS TIME TO RESPOND TO PLAINTIFFS COMPLAINT filed by Avon Products Inc. Motion Hearing set for 5/1/2020 09:00 AM in San Francisco, Courtroom 05, 17th Floor before Judge Jeffrey S. White. Responses due by 4/6/2020. Replies due by 4/13/2020. (Branham, Elizabeth) (Filed on 3/23/2020) Modified on 3/24/2020 (cjlS, COURT STAFF). |
| Filing 26 NOTICE OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENT by Avon Products Inc. identifying Corporate Parent Natura & Co., for Avon Products Inc. (Branham, Elizabeth) (Filed on 3/23/2020) Modified on 3/24/2020 (cjlS, COURT STAFF). |
| Filing 25 NOTICE OF SPECIAL APPEARANCE OF COUNSEL FOR DEFENDANT AVON PRODUCTS, INC. by Elizabeth Branham. (Branham, Elizabeth) (Filed on 3/23/2020) Modified on 3/24/2020 (cjlS, COURT STAFF). |
| Filing 24 MOTION to Stay CASE PENDING RESOLUTION OF APPEALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Colgate-Palmolive Co, Longs Drug Stores California L.L.C.. Motion Hearing set for 4/24/2020 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 4/3/2020. Replies due by 4/10/2020. (Attachments: #1 Declaration OF PETER M. MULARCZYK AND EXHIBITS IN SUPPORT OF DEFENDANTS COLGATE-PALMOLIVE COMPANY AND LONGS DRUG STORES CALIFORNIA, L.L.C.S NOTICE OF MOTION AND MOTION TO STAY CASE PENDING RESOLUTION OF APPEALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, #2 Exhibit, #3 Proposed Order GRANTING DEFENDANTS COLGATE-PALMOLIVE COMPANY AND LONGS DRUG STORES CALIFORNIA, L.L.C.S MOTION TO STAY CASE PENDING RESOLUTION OF APPEALS)(Mularczyk, Peter) (Filed on 3/20/2020) |
| Filing 23 Plaintiffs' Notice of Motion and Motion for Leave to Add a California-Citizen Defendant; and to Remand This Case to State Court filed by Ariana Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Fotini Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Katerina Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Argereos Giannikos, a minor, by his Guardian Ad Litem Susan Jean Bader, Ashley Leigh Schmitz, Robert Evan Schmitz. Motion Hearing set for 4/24/2020 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 4/3/2020. Replies due by 4/10/2020. (Attachments: #1 Supplement Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Leave to Add California-Citizen Defendant; and to Remand This Case to State Court, #2 Declaration Declaration of Michael T. Stewart in Support of Plaintiffs' Motion for Leave to Add California-Citizen Defendant; and to Remand This Case to State Court, #3 Exhibit Exhibit 1 to Declaration of Michael T. Stewar, #4 Exhibit Exhibit 2 to Declaration of Michael T. Stewart, #5 Exhibit Exhibit 3 to Declaration of Michael T. Stewar, #6 Exhibit Exhibit 4 to Declaration of Michael T. Stewar, #7 Exhibit Exhibit 5 to Declaration of Michael T. Stewar, #8 Exhibit Exhibit 6 to Declaration of Michael T. Stewar, #9 Exhibit Exhibit 7 to Declaration of Michael T. Stewar, #10 Exhibit Exhibit 8 to Declaration of Michael T. Stewar, #11 Exhibit Exhibit 9 to Declaration of Michael T. Stewar, #12 Exhibit Exhibit 10 to Declaration of Michael T. Stewar, #13 Exhibit Exhibit 11 to Declaration of Michael T. Stewar, #14 Exhibit Exhibit 12 to Declaration of Michael T. Stewar, #15 Exhibit Exhibit 13 to Declaration of Michael T. Stewar, #16 Proposed Order (Proposed) Order Granting Plaintiffs' Motion for Leave to Add California-Citizen Defendant; and to Remand This Case to State Court, #17 Certificate/Proof of Service Certificate of Service)(Stewart, Michael) (Filed on 3/20/2020) Modified on 3/20/2020 (cjlS, COURT STAFF). |
| Filing 22 Certificate of Service of #21 Order Setting Case Management Conference and Requiring Joint Case Management Conference Statement by Ariana Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Fotini Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Katerina Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Argereos Giannikos, a minor, by his Guardian Ad Litem Susan Jean Bader, Ashley Leigh Schmitz, Robert Evan Schmitz. (Stewart, Michael) (Filed on 3/11/2020) Modified on 3/11/2020 (cjlS, COURT STAFF). |
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Filing 21
ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on 3/5/20. Joint Case Management Statement due by 5/22/2020. Initial Case Management Conference set for 5/29/2020 11:00 AM in Oakland, Courtroom 5, 2nd Floor. (jjoS, COURT STAFF) (Filed on 3/5/2020)
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Filing 20
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Laurel Beeler 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/cameras.. Signed by Clerk on 03/05/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 3/5/2020)
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| Filing 19 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. (ejkS, COURT STAFF) (Filed on 3/4/2020) |
| Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Longs Drug Stores California L.L.C... (Rivera, Kimberly) (Filed on 3/3/2020) |
| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Colgate-Palmolive Co.. (Rivera, Kimberly) (Filed on 3/3/2020) |
| Filing 16 CLERK'S NOTICE Re: Consent or Declination: Defendants Johnson & Johnson and Johnson & Johnson Consumer Inc. 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 3/10/2020. (ejkS, COURT STAFF) (Filed on 3/3/2020) |
| Filing 15 NOTICE of Appearance by Alexander Gerard Calfo on behalf of Defendants JOHNSON & JOHNSON and JOHNSON & JOHNSON CONSUMER INC. (Calfo, Alexander) (Filed on 3/3/2020) |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ariana Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Fotini Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Katerina Giannikos, a minor, by her Guardian Ad Litem Susan Jean Bader, Argereos Giannikos, a minor, by his Guardian Ad Litem Susan Jean Bader, Ashley Leigh Schmitz, Robert Evan Schmitz.. (Stewart, Michael) (Filed on 3/2/2020) |
| Filing 13 CLERK'S NOTICE Re: Consent or Declination: Defendant Avon Products Inc. 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 3/10/2020. (ejkS, COURT STAFF) (Filed on 3/2/2020) |
| Filing 12 Corporate Disclosure Statement by Longs Drug Stores California L.L.C. (Rivera, Kimberly) (Filed on 2/28/2020) |
| Filing 11 NOTICE OF FILING STATE COURT ANSWER to Complaint (Notice of Removal) AND DEMAND FOR TRIAL BY JURY byLongs Drug Stores California L.L.C.. (Rivera, Kimberly) (Filed on 2/28/2020) |
| Filing 10 Joinder re 1 Notice of Removal, filed by Defendant Colgate-Palmolive Company by Longs Drug Stores California L.L.C.. (Rivera, Kimberly) (Filed on 2/28/2020) |
| Filing 9 NOTICE of Appearance by Kimberly Lynn Rivera (Rivera, Kimberly) (Filed on 2/28/2020) |
| Filing 8 STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT TO FILE RESPONSIVE PLEADING (L.R. 6-1; FRCP 6) filed by Avon Products Inc. (Weglarz, Claire) (Filed on 2/27/2020) |
| Filing 7 Corporate Disclosure Statement by Colgate-Palmolive Co (Rivera, Kimberly) (Filed on 2/26/2020) |
| Filing 6 NOTICE of Appearance by Kimberly Lynn Rivera (Rivera, Kimberly) (Filed on 2/26/2020) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/21/2020. Initial Case Management Conference set for 5/28/2020 11:00 AM in San Francisco, Courtroom B, 15th Floor. (fabS, COURT STAFF) (Filed on 2/25/2020) |
| Filing 4 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/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 3/10/2020. (ejkS, COURT STAFF) (Filed on 2/25/2020) |
| Filing 3 NOTICE of Appearance by Michael Thomas Stewart (Stewart, Michael) (Filed on 2/24/2020) |
| Filing 2 Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/9/2020. (mbcS, COURT STAFF) (Filed on 2/24/2020) |
| Filing 1 Answer to Removal Complaint byColgate-Palmolive Co. (fabS, COURT STAFF) (Filed on 2/21/2020) Modified on 2/25/2020 (fabS, COURT STAFF). |
| Filing 1 NOTICE OF REMOVAL OF CIVIL ACTION from Alameda. Their case number is RG20048957. (Filing Fee $400.00 Receipt Number 0971-14206043). Filed byColgate-Palmolive Co. (Attachments: #1 Exhibit to Notice of Removal, #2 Civil Cover Sheet)(Rivera, Kimberly) (Filed on 2/21/2020) Modified on 2/24/2020 (mbcS, COURT STAFF). |
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