Simmons et al v. Unilever United States, Inc.
| Samantha Simmons, Ansleigh Walters, Marykay Thrower, Jackie Spivey, Laura Martson and Chrissie Humenny |
| Unilever United States, Inc. |
| 3:2023cv00491 |
| April 18, 2023 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Robert M Spector |
| Omar A Williams |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Cases associated. Create association to 3:22-cv-01189-MPS. (Peterson, M) |
Filing 37
ORDER. It appears that all of the "copycat cases" identified by Plaintiffs in Little et al v. Unilever United States, Inc., Dkt. No. 3:22-cv-1189 (MPS), have now been transferred to this Court. Accordingly, pursuant to Fed. R. Civ. P. 42(a), the Court will consolidate the cases for administrative convenience. The parties shall file all post-consolidation pleadings and other papers in the docket of the earliest filed action, Little et al v. Unilever United States, Inc., Dkt. No. 3:22-cv-01189 (MPS). See D. Conn. L. Civ. R. 42 ("Unless the presiding Judge rules otherwise, where two or more cases are consolidated, whether for trial or pretrial purposes, the Clerk shall maintain a separate docket for each case, but the parties shall file all pleadings and other papers in the master docket, which shall be the docket of the earliest filed case, and copies of all pleadings shall be served on all parties in each of the consolidated cases."). The Clerk is hereby directed to close the dockets in the following member cases and to consolidate them with lead case Little et al v. Unilever United States, Inc., Dkt. No. 3:22-cv-1189 (MPS): Barnette v. Unilever United States, Inc., 22-cv-01649; Earl et al v. Unilever United States, Inc., 23-cv-00702; Loudenslager v. Unilever United States, Inc., 23-cv-00625; Rullo v. Unilever United States, Inc., 22-cv-01618; Sims v. Unilever United States Inc., 23-cv-00708; and Simmons et al v. Unilever United States, Inc., 23-cv-00491. Counsel and the parties from each member case will be added to the docket of the lead case. In addition, Plaintiffs' #35 Motion for Extension filed in Simmons et al v. Unilever United States, Inc., 23-cv-00491, is GRANTED IN PART as follows: 1. Motions for appointment of interim lead class counsel shall be filed on the docket in lead case Little et al v. Unilever United States, Inc., 22-cv-1189, no later than June 25, 2023. 2. A Consolidated Class Action Complaint, including as applicable the plaintiffs from all of the pending related actions, shall be filed within 30 days of the Court's order appointing interim lead class counsel on the Little et al v. Unilever United States, Inc., docket. The Court will set a briefing schedule on any responses to the Complaint at that time.Signed by Judge Michael P. Shea on 6/8/2023. (Davis, Christina)
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| Filing 36 NOTICE of Appearance by Bryan Frederick Aylstock on behalf of Chrissie Humenny, Laura Martson, Samantha Simmons, Jackie Spivey, Marykay Thrower, Ansleigh Walters (Aylstock, Bryan) |
| Filing 35 MOTION for Extension of Time until Thirty (30) days after all actions have been transferred to Your Honor To file motions to appoint interim class lead counsel by Chrissie Humenny, Laura Martson, Samantha Simmons, Jackie Spivey, Marykay Thrower, Ansleigh Walters. (Richards, R.) |
| Filing 34 NOTICE of Appearance by R. Jason Richards on behalf of Chrissie Humenny, Laura Martson, Samantha Simmons, Jackie Spivey, Marykay Thrower, Ansleigh Walters (Richards, R.) |
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Filing 33
ORDER granting #31 MOTION for Attorney R. Jason Richards, Esquire to be Admitted Pro Hac Vice; granting #32 MOTION for Attorney Bryan F. Aylstock, Esquire to be Admitted Pro Hac Vice. Signed by Clerk on 6/2/2023. (Peterson, M)
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| Filing 32 MOTION for Attorney(s) Bryan F. Aylstock, Esquire to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7367435) by Samantha Simmons. (Attachments: #1 Affidavit, #2 Certificate of Good Standing)(Moskow, Neal) |
| Filing 31 MOTION for Attorney(s) R. Jason Richards, Esquire to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7365899) by Samantha Simmons. (Attachments: #1 Affidavit, #2 Certificate of Good Standing)(Moskow, Neal) |
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Filing 30
ORDER. In light of the #28 joint status report filed in related case Little et al v. Unilever United States, Inc., Dkt. No. 3:22-cv-1189 (MPS), which represents that all related cases "have now been transferred to the District of Connecticut or are in the process of being transferred to the District of Connecticut by Stipulation," id. at 4, the Court orders the following: (1) Motions for appointment of interim lead class counsel shall be filed on the docket in Little et al v. Unilever United States, Inc., Dkt. No. 3:22-cv-01189 (MPS), no later than June 9, 2023; and (2) A Consolidated Class Action Complaint, including as applicable the plaintiffs from all of the pending related actions, be filed within 30 days of the Court's order appointing interim lead class counsel on the Little et al v. Unilever United States, Inc., docket. Signed by Judge Michael P. Shea on 5/17/2023. (Davis, Christina)
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Filing 29
ORDER OF TRANSFER. Case reassigned to Judge Michael P. Shea for all further proceedings. Signed by Judge Omar A. Williams on 5/11/23. (Velez, F.)
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Filing 28
ORDER granting Motion to Transfer this case to Chief United States District Judge Michael P. Shea, ECF No. 27. The Clerk of Court hereby respectfully is directed to transfer this case in accordance with the attached Order of Transfer. It is so ordered.Signed by Judge Omar A. Williams on 05/11/23. (Codeanne, K.)
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| Filing 27 Joint MOTION to Transfer/Disqualify/Recuse Judge by Unilever United States, Inc.. (Attachments: #1 Exhibit #22 Little - Joint Status Report 4.11.22)(Simpson, Robert) |
| Set Deadline: Rule 26 Meeting Report due by 6/10/2023. (Velez, F.) |
| Filing 26 NOTICE of Appearance by Lauren R. Greenspoon on behalf of Unilever United States, Inc. (Greenspoon, Lauren) |
| Filing 25 NOTICE by Unilever United States, Inc. of Related Cases (Simpson, Robert) |
| Filing 24 Disclosure Statement by Unilever United States, Inc. identifying Corporate Parent Unilever PLC for Unilever United States, Inc.. (Simpson, Robert) |
| Filing 23 NOTICE of Appearance by Robert Reginald Simpson on behalf of Unilever United States, Inc. (Simpson, Robert) |
| Filing 22 Notice to counsel in transferred case. Signed by Clerk on 4/18/2023. (Peterson, M) |
| Filing 21 NOTICE: ANY MOTIONS PENDING AT THE TIME OF TRANSFER MUST BE REFILED IN OUR DISTRICT. Signed by Clerk on 4/18/2023. (Peterson, M) |
| Filing 20 NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 4/18/2023. (Peterson, M) |
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Filing 19
STANDING PROTECTIVE ORDER Signed by Judge Omar A. Williams on 4/18/2023. (Peterson, M)
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Filing 18
Order on Pretrial Deadlines: Amended Pleadings due by 6/17/2023. Discovery due by 10/18/2023. Dispositive Motions due by 11/22/2023. Signed by Clerk on 4/18/2023. (Peterson, M)
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Filing 17
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Omar A. Williams on 4/18/23. (Velez, F.) Modified on 4/20/2023 to correct file date (Peterson, M).
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| Filing 16 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 4/18/2023. (Oliver, T.) |
| Filing 15 Case electronically transferred in from District of Florida Northern; Case Number 3:22-cv-23376. Modified on 4/19/2023 TO CORRECT THE DATE FILED (Oliver, T.). |
| Judge Omar A. Williams and Judge Robert M. Spector added. (Oliver, T.) |
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Filing 14
ORDER TRANSFERRING CASE. Defendant's amended motion to transfer (Doc. #8 ) is GRANTED, and this case is TRANSFERRED to the United States District Court for the District of Connecticut for further proceedings in conjunction with Little, et al. v. Unilever United States, Inc., Case No. 3:22-cv-01189. The Clerk shall close the case file in this Court. Signed by JUDGE T KENT WETHERELL II on 04/18/23. (jfj)
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Filing 13
ORDER. Plaintiffs have until April 14, 2023, to respond to Defendant's amended motion to transfer this case to the District of Connecticut (Doc. #8 ). Defendant may file a reply 7 days after the response is filed. Signed by JUDGE T KENT WETHERELL II on 04/10/23. (Response to motion due by 4/14/2023.) (jfj)
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Filing 12
ORDER. Upon due consideration of the parties' status report (Doc. #11 ), it is ORDERED that this case remains stayed and the parties shall file a status report on April 28, 2023, if the MDL Panel has not ruled on the motion to transfer by then. Signed by JUDGE T KENT WETHERELL II on 02/22/23. (Status Report due by 4/28/2023.) (jfj)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #11 Status Report. (jfj) |
| Filing 11 STATUS REPORT PURSUANT TO DECEMBER 21, 2022 ORDER by UNILEVER UNITED STATES INCORPORATED. (ROGERS, DANIEL) |
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Filing 10
ORDER STAYING CASE. All proceedings in this case are STAYED pending the Panel's ruling on Plaintiffs' motion to transfer in MDL No. 3068. If the Panel denies the motion, Plaintiffs shall have 7 days from the date of the Panel's order to file its response to Defendant's amended motion to transfer. The parties shall file a status report 60 days from the date of this Order if the Panel has not ruled on the motion to transfer by then. Signed by JUDGE T KENT WETHERELL II on 12/21/22. (Status Report due by 2/21/2023.) (jfj)
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| Filing 9 WAIVER OF SERVICE Returned Executed by CHRISSIE HUMENNY, JACKIE SPIVEY, SAMANTHA SIMMONS, MARYKAY THROWER, ANSLEIGH WALTERS, LAURA MARTSON. UNILEVER UNITED STATES INCORPORATED waiver sent on 12/13/2022, answer due 2/13/2023. (RICHARDS, R) |
| Filing 8 Amended MOTION to Transfer Case to District of Connecticut Or, In The Alternative, Stay Proceedings by UNILEVER UNITED STATES INCORPORATED. (Internal deadline for referral to judge if response not filed earlier: 12/23/2022). (Attachments: #1 Exhibit A-Little Complaint, #2 Exhibit B-Schriver Order, #3 Exhibit C-Rullo Order, #4 Exhibit D-Barnette Motion) (ROGERS, DANIEL) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #1 Complaint, #6 MOTION to Transfer Case to District of Connecticut or, Alternatively, to Stay Proceedings. (Please see proposed ISO.) (jfj) |
| Filing 7 Corporate Disclosure Statement/Certificate of Interested Persons by UNILEVER UNITED STATES INCORPORATED identifying Corporate Parent Unilever PLC for UNILEVER UNITED STATES INCORPORATED.. (ROGERS, DANIEL) |
| Filing 6 MOTION to Transfer Case to District of Connecticut or, Alternatively, to Stay Proceedings by UNILEVER UNITED STATES INCORPORATED. (Internal deadline for referral to judge if response not filed earlier: 12/22/2022). (Attachments: #1 Exhibit A - Little Complaint, #2 Exhibit B - Schriver Transfer Order, #3 Exhibit C - Rullo Transfer Order, #4 Exhibit D - Barnette Agreed Transfer Motion) (ROGERS, DANIEL) Modified/Terminated on 2/22/2023. (jfj). |
| Filing 5 Summons Issued as to UNILEVER UNITED STATES INCORPORATED. (jfj) |
| Filing 4 NOTICE of Summons to be Issued by CHRISSIE HUMENNY, LAURA MARTSON, SAMANTHA SIMMONS, JACKIE SPIVEY, MARYKAY THROWER, ANSLEIGH WALTERS (RICHARDS, R) |
| Filing 3 DOCKET ANNOTATION BY COURT: The parties in the above-referenced case were added to the docket incorrectly and will be corrected by the clerk. Party names are to be entered in all caps and without punctuation. For future reference: Please review the procedure for adding/creating new parties in the "Style Guide for Electronic Case Filing" and/or chapter 10 of the "CM/ECF Attorney User's Guide," available at www.flnd.uscourts.gov. (alb) |
| Filing 2 DOCKET ANNOTATION BY COURT: Re #1 Complaint. The clerk will issue summons upon submission. You may obtain the 2 page summons form by visiting our website @ www.flnd.uscourts.gov. Click on Forms & Publications; national court forms; AO 440 Summons in a Civil Action (revised 6/12). (alb) |
| Filing 1 COMPLAINT against Unilever United States Incorporated ( Filing fee $ 402 receipt number AFLNDC-7566024.), filed by Chrissie Humenny, Jackie Spivey, Samantha Simmons, MaryKay Thrower, Ansleigh Walters, Laura Martson. (Attachments: #1 Civil Cover Sheet) (RICHARDS, R) |
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